Chapter 41
It had been another long night for Alvarez, Beau Lee, and Capes, who’d been working in Alvarez’s office. The initially pristine space was now littered with boxes, papers, takeout containers, and chairs at odd angles as the team shifted around, working in different areas.
“It’s hard to believe that tomorrow marks thirty days since our last case management conference. Time is not our friend, Beau Lee. Time is not our friend,” Alvarez said.
“I figure the DA’s office is sweating just as much as we are. And all things considered, our case is stronger than theirs.”
“Beau Lee Cooper, I don’t know if that’s your sincere belief or if you’re just trying to put your game face on to keep the team inspired.”
“I learned a long time ago as a young trial lawyer that if you don’t believe in your case, you’ll never be able to convince a jury to believe, either.”
“I hear you,” Alvarez said, and took a sip of her coffee. “Now, for the case management hearing tomorrow, I’m thinking we should check the docket to see what motions the state attorney has filed.”
“Okay, good idea.”
Alvarez opened her laptop and a moment later startled. “Oh my God! We finally got a ruling—the appellate court just issued its ruling!”
Beau Lee rose from his chair and looked over her shoulder. “What’s it say?”
“It’s seven pages long, so I’m scrolling down…to the end…Here it is…” she said, then began to read: “It is hereby ordered that the above styled matter is REVERSED and REMANDED to the lower court to issue a reasonable bail for the defendant, Hollis Montrose.”
Beau Lee pumped his fist. “Yes!” he shouted. “I cannot wait to see DaSilva’s face in the morning. This’ll wipe that arrogant smirk right off it.”
Alvarez gave a round of high fives. “Tomorrow can’t come soon enough,” she said.
“It’s like my granddaddy said. Every now and then, the sun even shines on a dog’s butt,” Beau Lee said.
—
The next morning, the atmosphere in the courtroom was charged. Rocky, Jamillah, and Harpo observed Beau Lee and Alvarez from their seats. Like Beau Lee, they were all cautiously optimistic that the appellate court’s ruling would facilitate Hollis’s release.
DaSilva and Dillard looked uneasy, and Beau Lee presumed it was because the appellate court’s ruling had caused them a measure of angst.
Judge Lambert entered the courtroom from her chambers with haste.
“All rise,” announced the bailiff as the judge took the bench.
“I don’t want to waste any time this morning,” Judge Lambert said, speaking quickly.
“I’ve reviewed all the motions from the district attorney’s office, and each one has been granted.
And I understand that the appellate court issued their ruling as it relates to giving bail to Hollis Montrose.
I’m ready to take up this matter at this time. Does the State have a position?”
DaSilva stood and cleared his throat. “Your Honor, we recognize the bail amount is to be set by the court, but we request that the amount reflect the violent nature of the crimes Mr. Montrose is accused of committing.”
“Noted,” the judge said. “Do you have a bail amount in mind?”
DaSilva spoke with the same righteous indignation that he’d displayed throughout the proceedings.
“The State recommends that Mr. Montrose’s bail justly reflect the attempted murder of the four brave police officers involved.
Therefore, bail is to be set at two million dollars.
Five hundred thousand for each man who nearly lost his life. ”
Beau Lee was flabbergasted at the number.
He nearly had an out-of-body experience—he felt as if he were standing right in front of the judge, mouth agape and speechless.
But he knew that wasn’t how he appeared.
The man the judge and prosecutors saw had a clenched jaw, and he was boiling with anger it took every ounce of his being to control.
“What is the position of the defense?” the judge asked.
“The State’s demand for a two-million-dollar bail is outrageous considering all the extenuating facts and circumstances, Your Honor.
Mr. Montrose is unable to pay a bail that high.
It’s the equivalent of setting no bail at all.
Not to mention, the video shows that Mr. Montrose was pinned to the ground during his arrest and couldn’t have fired his weapon,” Beau Lee said.
“Objection!” bellowed DaSilva. “Judge, we clearly established in this court that gunshot residue was on Hollis Montrose’s hand, which substantially supports the fact that he fired his weapon.”
“Mr. DaSilva, your objection is noted. Please sit down. As for you, Mr. Cooper, the subject of gunshot residue leaves me to seriously consider Mr. DaSilva’s request,” the judge said.
Alvarez blurted out, “But Your Honor, it isn’t conclusive.”
“That remains to be seen,” the judge said, visibly annoyed.
“The court is ready to rule: In light of the court’s findings, which are a part of the record, and taking into consideration the gunshot residue test, which indicates Hollis Montrose fired his weapon at officers the night of his arrest, the court orders that five-hundred-thousand-dollar bail be set for each count of attempted murder, totaling two million dollars. ”
Beau Lee stood up in a huff and declared, “Objection! This is preposterous.”
“Attorney Cooper. Please sit down. I am not finished,” Judge Lambert said.
Her tone carried a sharp edge. She leaned slightly forward, her gavel poised in her hand as her eyes swept across the room.
“The court also finds there is an additional five-hundred-thousand-dollar bail for the remaining charges of aggravated assault and the reckless display of a firearm, concluding that the entire bail amount for Hollis Montrose will be 2.5 million dollars.”
“My God…” Beau Lee muttered.
“How can this be happening right now?” Alvarez said. “It’s like we’re in a nightmare.”
Judge Lambert continued: “And Mr. Cooper, Ms. Alvarez, if you have a problem with the court’s decision, you can file another appeal with the appellate court. But as for this court, the decision is final. Is there anything further from either party?”
DaSilva stood up, eyed Beau Lee, and seemed to gloat.
His smirk had returned. “Your Honor, pursuant to your order, since we have already presented the State’s witness list and all evidence we plan to present at trial to the defense, we ask the defense to do the same.
We are requesting their witness list, evidence, and any other relevant information they plan to enter into the record.
Considering we only have sixty days before trial, we need this done expeditiously, if we are to be in accordance with the speedy trial scheduling order. ”
“Attorneys Cooper and Alvarez, you would need to provide that information within the next five days,” Judge Lambert said. “Will that be a problem?”
Alvarez gritted her teeth, fury locking her jaw, as Beau Lee stood up and swallowed. He heard Gigi’s voice in his head say, “You better humble yourself for the sake of this case.”
“Sometime today, Mr. Cooper.”
“Apologies, Your Honor,” he said, working to get his thoughts in order.
“Now that our bail has been ordered by the court, the defense has reconsidered its position regarding its speedy trial motion and are open to a continuance by the court to make sure that the court and all parties have sufficient time to prosecute and defend this case.”
“Oh no, Mr. Cooper,” the judge said. It was a cold reminder of her authority, not just to Beau Lee but to the entire courtroom, which Beau Lee feared would erupt into protest. “Despite my cautioning you, it was your choice to move for a speedy trial, and a speedy trial is what you’ll have.
The trial date is set for March 8, 2009, which by my calendar is ninety days from today.
I hope that will be speedy enough for you. ”
Beau Lee steadied his eyes at the judge, though on the inside he felt the weight of the enormity of the time restraint he was now under. “Yes, Your Honor,” he said.
The judge banged her gavel and stood, signaling the end of the hearing. Her expression was as resolute as the mahogany wood columns behind her.
The bailiff shouted, “All rise!”
Beau Lee and Alvarez stood and watched Judge Lambert exit the courtroom as swiftly as she had come in.