Sins of the Fathers (29 page)

“Mr.Woodard, tell your client to—”

Before Everett Woodard could say anything, Darren bolted toward Leon Colby.

6.

Using the handset attached to the bed, Lindy clicked to the afternoon news on channel nine. Yes, this hospital life was terrific. A television! What more did a recovering lawyer need?

When was she going to get out of here? No one would give her a straight answer. These medical people, so careful. Why was that?
Lawyers. We
’
ve done so much to make the medical profession feel
secure—

Her ruminations stopped when she heard Sean McIntyre’s voice on the TV. He was standing in front of the Foltz Criminal Courts Building in a live shot, saying “That’s right, Peter. Stunning new developments in the DiCinni murder case, both inside and outside the courtroom. Just when you thought things couldn’t get more dramatic, from the accident involving the lead defense attorney to the fireworks we seem to see in court every day, this case continues to make unbelievable twists and turns.”

That
’
s right, Sean
.
Milk the drama for all it
’
s worth.

Lindy turned up the volume.

“The day’s session just wrapped up,” Sean said, “oh, about half an hour ago. But not before the defendant, Darren DiCinni, went into a rant about hell and devils, and then attacked Deputy District Attorney Leon Colby. Let’s take a look.”

Stunned, Lindy watched as the images unfolded. Darren calling everyone devils, and the judge trying to get order, and then Darren rushing Leon Colby.

He got his hands around Colby’s neck.

Leon looked shocked, but his big hands grabbed her client’s skinny wrists as if taking straws from a dispenser. And then the deputy sheriffs were all over Darren.

Sean came back on. “As incredible as that outburst was, it was not the most dramatic development in the case today. Hard to believe, I know, but I have obtained, exclusively, an item that could throw the whole case in a new direction.”

Now what?

“I have just received this from a source who wishes to remain anonymous. It is the only known videotape of the shootings. This source was at the scene of the crime and just happened to take video of Darren DiCinni in the act of mass murder.”

No . . .

“What you are about to see is the only visual evidence to surface so far. I want to caution any parents who are watching to use discretion if there are any children in the room. The footage here is very disturbing. I just want to make that clear. Here it is.”

Lindy had not seen the opening of the video. Apparently Sean had chosen not to reveal that to her. A slow anger started up inside her.

The video showed the ball field as the game was going on. Parents yelled out encouragement; boys on the bench shouted to the opposing batter. The camera wobbled a little bit.

Then the sound of a gunshot.

A blur of an image as the camera moved. It came to rest on Darren as he sprayed shots wildly around the field. Then he stopped and began to walk away.

The report cut back to Sean, looking down soulfully at an unseen monitor. He turned back to the camera. “Horrific footage,” he said. “Copies of the video have been turned over to representatives of the district attorney’s office and to the defense, Everett Woodard, who we believe is representing Darren DiCinni at this moment, although the judge has not made a final determination. Again, an amazing day in court. Now back to you in the studio.”

Lindy nearly broke out of her cast. She couldn’t recall all the details of the video she’d seen in Sean’s apartment, but she knew one thing for sure—the video clip she’d just seen on TV had been altered.

She grabbed the handset and buzzed for the nurse. When one finally came, which seemed like half an hour, Lindy sat up as far as her ribs would allow. “Get me a doctor, now. And while you’re at it, my clothes.”

7.

Leon Colby shook his head. To say that things were getting bizarre would have been an understatement. Attacked by a defendant! That had never happened to him in his entire career.

Not that the kid did any damage. Colby had peeled him off his body like a BandAid. More disturbing was the possibility that the kid might be crazy after all.

Then there was the matter of this reporter, McIntyre, showing up with key evidence. Seemed a bit too convenient, a perfect grandstand play. Why hadn’t anyone in the vast web of the prosecutorial team discovered this?

Colby knew McIntyre, who always showed up to the high-profile cases, knew the guy would release footage of his own mother killing chickens if he thought it would help his résumé. This time, however, Colby suspected McIntyre was up to something more than publicity.

He was still puzzling over all this when Judge Weyer entered the courtroom and called the proceedings back to order.

Everett Woodard and Colby stated their appearances. There was one notable absence: Today DiCinni stayed in the lockup.

“Certainly is a little quieter in here this morning,” the judge said, receiving laughter from the gallery. “Is there anything further from either counsel before I make a ruling on the substitution of attorney?”

“Not from the people, Your Honor,” Colby said.

“I do have one thing,” Everett Woodard said.

Colby looked at the man. What was he up to?

“There will be no need to substitute an attorney,”Woodard said. “Ms. Field is going to continue representing Mr. DiCinni.”

The judge did not look pleased. “How can she possibly continue?”

“Her doctor has cleared her, Your Honor. He advises the use of a wheelchair while she’s in court, but that’s not uncommon.”

Judge Weyer sat back in her chair with a skeptical look. “Of course not. A lawyer in a wheelchair can represent clients in court, but from what I understand, Ms. Field’s injuries are quite serious. Does she have the capacity to continue?”

“I assure Your Honor that Ms. Field will be able to defend her client competently.”

“I want to finish the prelim today. Unless there is good cause to issue a continuance, which I don’t see, I am going to appoint you as Mr. DiCinni’s lawyer.”

“May we continue this tomorrow, Your Honor?”

“No.”

“Then I would request a recess until 11:00 a.m., at which time Ms. Field will be here.”

With a sigh, Judge Weyer looked at Colby. “Any response?”

Colby stood. “I know that Ms. Field is a zealous attorney and cares very much about this case. But if she tries to do the job and is unable, later the defendant may make an appeal based on ineffective assistance of counsel. Perhaps the prudent thing to do is to have an in-camera hearing with Ms. Field to see if Your Honor is comfortable with her continuing.”

“I think that’s a good idea, Mr. Colby,” the judge said. “Mr. Woodard, how long will it take for Ms. Field to get here?”

8.

Lindy felt a little like a washing machine on the fritz. The cast, which enclosed her right arm, and the brace around her ribs were imperfect attempts to keep her up and running. Even here, in the familiar confines of Judge Weyer’s chambers, her mental and physical gears were knocking and wheezing, a double strain.

But she was not going to go down without a fight.

The way Judge Weyer looked at her wasn’t promising. “I have to be honest with you,” the judge said.“You don’t look like you can represent anybody. What you need is recuperation time. And I can’t stop this process while it happens.”

“I feel better than I look,” Lindy said. “I know that’s not saying much, but there it is. I won’t be playing handball anytime soon, but I want to continue representing my client.”

“But that’s not determinative in this matter. The law determines whether you shall continue, and I have great discretion under the law.”

Everett Woodard said, “As Your Honor well knows, the presumption in favor of allowing a client to choose his attorney makes the exercise of your discretion narrow in its scope.”

“Thank you, Professor. I do know the law. Now, Ms. Field, how can you assure me that you will be able to meet timetables?”

“I’m fully able to comply. I’ve already cleared this with my doctor.”

“But you might require treatments, therapy, surgery perhaps.”

“I really don’t think so, Your Honor.”

“Thinking is not good enough.”

“What else can I do?”

“You can remember this is a court of law. This is not the Lindy Field show, no matter how many cameras are out there.”

Bristling, Lindy said, “Your Honor, I assure you I’m not doing this for publicity.”

“Nevertheless, if you continue in this capacity you are going to generate a lot of attention from the media. That could prove a distraction, to the ultimate detriment of your client.”

Lindy looked at Leon Colby, who was standing by the judge’s bookcase. “What about the publicity for Mr. Colby? Are you as concerned that he is using this trial as a platform from which to run for office?”

Colby put his hands out toward the judge. “Your Honor, please.”

“I agree,” Judge Weyer said. “Ms. Field, this hearing is about you. Let’s try to stay focused.”

“My client wants me. I want to continue. I am going to continue—”

Everett stopped her with a hand to her shoulder.

After a short pause, Judge Weyer said, “I know this has been a very stressful time for you. The accident, the attention of the press, all that. And I can see that it has caused you emotional upset. That’s another factor I have to take into consideration here. I have to do what I think is right under the law to protect your client. Sometimes, clients need protection from their own counsel.”

“Judge, let me—”

Weyer put her hand up. “No need. I know your position. Give me half an hour and I’ll come out and make a ruling.”

9.

“I blew it.”

Lindy sat dejectedly in Judge Greene’s chambers. Luckily he was not in trial. She needed to talk to him.

“Don’t give it another thought,” Greene said. “Weyer is good. She’ll be reasonable.”

“I don’t know. She and Colby seem to be on the same wavelength. I don’t think either one of them wants me around. I get the feeling they talked about this before I got a chance to make my case.”

“Judge Weyer may have a point. If Darren is bound over for trial, which is likely, why not leave the trial with Everett? You have to take care of you for a change. There will be other cases.”

“I don’t want to think about other cases. I want to help my client.”

Greene’s face registered concern. “Lindy, you know how fond I am of you. I don’t want to see you go down a road that will take another mental toll. I’ve been around a long time. And there was a time I used to think like Spencer Tracy in
Boys Town
. Remember that movie?”

“I think I saw it when I was a kid.Tracy played a priest or something.”

“Yes. Father Flanagan. A real guy who set up a place in Nebraska for wayward boys. Back in the thirties. Anyway, the big line in the movie is ‘There is no such thing as a bad boy.’ And people used to believe that, and they shed a tear over Mickey Rooney reforming. But I don’t believe that any more. By the time kids today reach your client’s age, things are pretty well set.”

Lindy felt a hollow place open up inside her chest. “We can’t believe that. We can’t just give up.”

“It’s not a matter of giving up. There will be exceptions. But they’re rare. It doesn’t seem to me that your client is one of the rare ones. But if you think he is and go all out, I just don’t see that helping you.”

“But Judge, it can’t be about me, can it? I mean, isn’t that the role of the lawyer? I sat down there in Judge Weyer’s chambers while she all but accused me of using this trial for personal gain. Look at me! Do you think I need to be here? This isn’t about me. This has never been about me.”

The moment she said it, she knew it didn’t sound convincing.

Judge Greene let the comment slide. She loved him for that. “Let’s wait to see what Judge Weyer says.”

10.

Mona chose to stay in the courtroom during the recess. The other VOICe members were out milling around. For some reason she did not want to be with them.

She hardly knew what she wanted anymore. Her insides knotted up every time she thought about the case, and she could think of nothing else. The killer, all this talk about forgiving him. Syl’s and Pastor Clark’s voices kept interrupting her own thoughts of justice.

And the killer’s lawyer—how was it possible she was still involved, after what she’d been through? What was driving that woman?

Forty-five minutes dragged on like hours. Then, to Mona’s relief, Judge Doreen Weyer entered the courtroom to make her ruling.

Lindy Field would no longer be the attorney for Darren DiCinni.

Everett Woodard then made his argument for dismissal. It took fifteen minutes. Then Judge Weyer ordered DiCinni bound over for trial on six counts of murder, with special circumstances.