Chapter 40
Alvarez’s office had become ground zero for the Justice for Hollis Montrose Trial Team. Beau Lee and Alvarez were updating Nellie by conference call since he was still assisting from Houston.
“Tomorrow marks the one-month anniversary since Hollis was shot,” Alvarez said. “And it’s been two weeks since we made the appeal, and they’re taking their time while Hollis sits in jail. We should push the issue again with the trial judge at the case management hearing tomorrow.”
“We can try to bring it up again, but I don’t think Judge Lambert is going to change her ruling unless the appellate court overturns her decision,” explained Beau Lee. “And who knows how long it will be before they make their decision. We’ve got to come up with another plan.”
“Well, partner, we’re all ears,” Nellie said.
“Let’s call a press conference tomorrow after the hearing. The public needs to know what’s going on,” Alvarez said.
“What would we announce, other than it being one month since the incident? The public knows how long it’s been,” Nellie said.
Before Alvarez could respond, Beau Lee said, “You know what? It’s been a long day. I’ll sleep on it. Let’s discuss this more after the case management conference. By then, Lord willing, I’ll have a plan.”
—
The next morning, Beau Lee, Alvarez, and Capes made their way down the icy sidewalk toward the courthouse.
The holiday season was in full bloom and decorations hung from every light post on West Washington Street.
A bitter wind howled through the towering skyscrapers, carrying with it a biting chill.
The unforgiving weather offered a brutal and somber backdrop for the battle Beau Lee and his team were waging against the city’s corruption, which felt as endless as its winter.
The news trucks were already lining up in anticipation of the press conference, which was to come after the case management hearing.
With so much on the line, Beau Lee couldn’t anticipate what he’d have to say post-hearing.
His only desire was to ensure that Hollis was free to see Christmas and the New Year.
Reporters and camera crews approached Beau Lee and his team, shoving microphones in their faces.
“Attorney Cooper, can you share any news with us before you go into court?” one reporter asked. Beau Lee said nothing.
“Did the appellate court make a ruling on your appeal?” another reporter asked.
“Are you going to ask Judge Lambert to reconsider bail for Mr. Hollis Montrose?”
Beau Lee continued to ignore them, likening their pestering to that of buzzing gnats.
Beau Lee saw Brother Harpo’s car parked down the block and Harpo escorting Rocky, Jamillah, and Tyrone.
Behind them were a group of young activists chanting, “We gon’ do the most!
To get justice for Mr. Montrose! We gon’ do the most!
To get justice for Mr. Montrose! We gon’ do the most! To get justice for Mr. Montrose!”
They met at the top of the courthouse steps. Beau Lee smiled as he greeted Rocky with a hug and took her by the hand. Together with Alvarez, they entered the courthouse with Beau Lee feeling exuberant as he heard the chants, battle cries for justice.
—
“All rise!” declared the bailiff as Judge Lambert walked in.
The courtroom was animated with rank-in-file police officers on one side of the courtroom and community activists from Chicago’s South Side on the other.
The press was present in the back corner, with one press pool camera in the back simulcasting to the other news stations. Judge Lambert was matter-of-fact in her questions.
“Mr. DaSilva? Does the State have anything new to report at this case management conference?”
DaSilva stood up and sifted through some papers. “Your Honor, may I approach to give this report to the clerk for the file?”
Judge Lambert nodded her head and said, “You may. What are you presenting to the court, and have you given a copy to the defense counsel?”
“Your Honor, we notified the court of appeals that the gunshot residue test on Hollis Montrose was completed. Those reports are to be entered into the clerk’s file.
In addition, we presented Mr. Cooper and Ms. Alvarez with the report at the appellate court.
Outside of those actions on our behalf, we continue to wait for the internal affairs investigation to be fully completed and final reports issued,” he said before retreating and taking his seat.
Judge Lambert looked at the defense counsel’s table and asked them the same question.
Beau looked back at Rocky and Jamillah holding hands as they listened intently.
Then he stood. “Your Honor, as the defendant continues to wait for the appellate court to render its decision on his right to bail, and as the defendant continues to wait for the State Bureau of Law Enforcement and the Internal Affairs reports to be released, and despite a month having passed since the shooting that left him paralyzed, and the fact that there is a video where you can clearly see everything that happened in the shooting, the defense is compelled, at this time, to invoke Hollis Montrose’s constitutional right to a speedy trial,” proclaimed Beau Lee.
DaSilva shot up. “Objection, Your Honor! As the defense counsel said, we don’t have any of the investigative reports completed at this time. Neither the State nor the defendant has the culmination of evidence to review in this case.”
“Your Honor, the State of Illinois, based on whatever evidence they’ve gathered, concluded that there was probable cause to arrest and charge Hollis Montrose with very serious capital offenses.
Therefore, it is elementary criminal procedure, based on the constitution of the United States of America, that when a citizen’s liberty is put at stake by the government, he has the absolute right to demand a speedy trial, so that his liberty will not be paralyzed for an indefinite amount of time,” Beau Lee retorted.
Judge Lambert shook her head. “Mr. Cooper, do you understand that your moving for a speedy trial gives everyone involved in this proceeding little time to prepare?”
“Yes, I do, Your Honor.”
“Madam Clerk,” Judge Lambert summoned, “when were Mr. Hollis Montrose’s charges filed?”
The clerk immediately started typing on her computer in search of the answer to the judge’s question. “The record shows that the charges were filed by the state attorney on November 8, 2008,” the clerk said. “Your Honor, that was thirty days ago.”
“Under the State Constitution, we would have 120 days from that date to bring this matter to trial. Mr. Cooper, that would give you only ninety days. That would give the State only ninety days. And that would give this court only ninety days to take this capital felony criminal case to trial.”
The judge clenched her jaw; her nostrils flared and her face went beet red. Her glasses slipped beyond her nose as she tapped lightly against the wooden desk, and when she looked up, her visage had twisted into a scowl. It cast a shadow of disdain across her otherwise composed demeanor.
There were rumblings in the courtroom. Alvarez leaned over and whispered in Beau Lee’s ear, “Are you sure you want to do this? How are we going to be ready for a trial in three months?”
Beau Lee looked at her and said, “Hollis Montrose’s survival depends on our being ready.”
“Attorney Cooper, are you going to maintain this demand for a speedy trial, knowing the enormous stress that you’d be placing on this court?” Judge Lambert asked, clearly irritated.
“Your Honor, I answer that question very earnestly. Is the court going to maintain the denial of bail for Hollis Montrose, knowing the enormity of stress that it places on his liberty, his life, and his family?” Beau Lee said, matching the judge’s vigor.
Judge Lambert removed her glasses as she began to speak.
“Until we hear from the appellate court, my ruling stands, Mr. Cooper.” Then, louder, “Is there anything further from either party in this case management? If not, this court is now adjourned.” Without waiting for replies, she slammed the gavel.
Beau Lee felt his phone buzzing, and upon retrieving it, saw three messages from Nellie.
90 days?! What are you doing, Frat? was the first.
There’s no way we can provide an adequate defense against those charges in that amount of time! read the second.
Are you trying to get an ineffective assistance of counsel bar complaint filed against you?! read the last text.
Beau Lee put his phone away and stood up along with everyone else. As the bailiff said, “All rise,” Judge Lambert left the courtroom.
“Beau Lee Cooper, you sure are bold, I give you that. I knew we’d get along,” Alvarez said.
“I can’t take all the credit. When I first decided to take this case, I asked God to help us,” Beau Lee said.
Just as he turned to leave, Beau Lee met eyes with DaSilva. DaSilva shook his head as if disgusted. “Is that how it works down in Houston? Do your best to annoy the judge and then request that she reconsider her previous ruling against you?”
“Well, down in Houston, I don’t have to fight the Chicago machine, and I mean the whole trifecta: the police department, the state attorney’s office, and the judge,” Beau Lee said coolly. “But it doesn’t matter, DaSilva. The truth is on our side. You’re just grasping for straws.”
“Your bail motion failed. Your appellate case is likely to fail. Your civil suit will almost definitely go down the drain. That would be my truth,” DaSilva said, and he made his departure.
Rocky came up to Beau Lee and gave him a big hug. “Thank God for you, Beau Lee Cooper.”
Before he could respond, Harpo chimed in.
“Attorney Cooper, you sho’ know how to bring the funk!
You knocked all the Chicago powers that be on their heels after what you pulled today,” he said with infectious jest. “Man, people are blowing up my phone from all across America. What did I tell you, Miss Rocky, we needed Beau Lee Cooper on this case.”
“I thank the Lord for him every day,” Rocky said, and turned to Alvarez. “And you, too, Princess. You make a great team.”
“Okay, okay. Now let’s get out of here. The media’s waiting. The news has got to be breaking all over America.” As they walked out, Beau Lee’s phone buzzed again. This time the message was from Gigi, and it read: “Darling. Is three months enough time to adequately prepare?”
It would have to be.