Death and a Life in Emerald CoveChapter 18
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Ten minutes after Bryant's first meeting with his entire detective squad, Jan Elliot walked into his office and shut the door.
"Uh-oh ... the closed door," Bryant said. "That means you plan to yell."
"Maybe I mean to sexually harass you," Jan replied as she took a chair opposite him.
"Nope, you'd have called me to your office for that," Bryant joked.
"I'd have called you to my office if I planned to yell," Jan said. "Look, we need to hash out our responsibilities here. We've been flying around willy-nilly since you got into town."
"Willy-nilly?" Bryant asked with a raised eyebrow.
"I figured 'half-cocked' would get me a meeting with a diversity trainer," Jan said. "I've sort of shepherded this little group while taking care of setting up things in my section. I want this section to be almost autonomous. You don't need my supervision. We'll need to interface, of course, but I don't think you need to answer to me."
Bryant shook his head quickly.
"This place needs one chief, and that's you," Bryant insisted. "What I think is that you need a high-level patrol officer to free you up to focus on the whole picture. That's where your strengths are. If you find a captain to turn the patrols over to you're going to be in better shape. In fact, I'm going to suggest a demotion in my future."
"You are not going to run the patrols," Jan said firmly. "That would be a monumental waste. You've proven that this month even if it did put a wrinkle in my panties."
Bryant chuckled and shook his head. Jan had always avoided any off-color remarks when they were partners.
"I was thinking of asking my title to become Deputy Chief or something like that," Bryant said. "That way we have no question of hierarchy here. I answer to you – and I promise that I will clear it with you before I run off clearing cold cases. I'm sorry that I wasn't completely upfront about how long it would take me up there. I actually anticipated six weeks to track everything down."
"It's not about that," Jan admitted. "I'm in over my head here. It's been ten years since I was on patrol. I've been relying on Coleman and Williams to handle all the major changes. That can't continue."
"Why not?" Bryant asked. "It's what I plan to do. Post and Andrews have put a pretty good system in place here. Stan and Adele both know the area. I'm positive you've added a great deal – given your advanced age and years of experience..."
"Bite me!" Jan said, smiling for the first time since she'd closed the door.
"You wish," Bryant replied. "Are we good?"
"Yeah, we're good," Jan said. "But make sure we have a talk before you offer to change the command structure."
Allyson and Bryant drove together to Columbia, S.C. Nothing had been said about Allyson's visit to Bryant's room the previous Monday. They had met to discuss the extradition hearing and formulate a plan. The man who had punched Mayfield's lights out had called to let them know he would attend. He didn't mention his female accomplice so Bryant didn't either.
The bartender said he would be available as well.
The pair touched down in Kentucky accompanied by two South Carolina State troopers and a warrant signed by the governor. The governor's office had contacted its counterpart in Ohio, which agreed that extradition was valid if a judge agreed.
The presiding judge of Hamilton County's Common Pleas Court was hearing the request. He was appalled that one of the county's prosecutors had been accused of taking money to circumvent justice. The prosecutor had denied the charge, of course, but the presiding judge tended to believe the magistrate on the matter. After all, there were a lot of things that didn't make sense in the case, ranging from the abrupt change in the arraignment time to the fact the prosecutor had refused to accept calls from his office prior to the hearing.
It was enough that the elected official in charge of the department had suspended the man pending an investigation. Bruce Mayfield and Jonathan Mayfield's attorney, Emil Green, were also under investigation. Still, Green was representing the younger Mayfield on the extradition matter.
Ed Strelzcyzk and Mike Mitchell picked them up; despite the fact that Allyson had told them she could rent a car.
"We want Mayfield out of the state as quickly as we can get it," Mitchell replied with a smile. "As soon as the judge signs the extradition warrant, we will cuff him and stuff him and drive him here where we will turn custody over the South Carolina State Police. I've already cleared it with the Kentucky cops."
The courtroom was almost empty when Allyson, Bryant, Ed Strelzcyzk and Mike Mitchell arrived. The two South Carolina State Policemen had elected to wait outside the courtroom.
There was a well-dressed man sitting in the front row behind the prosecutor's table where Allyson would set up shop. He rose and extended his hand.
"I'm Wayne Van Libber," he said. "I'm the chief prosecutor for the criminal division. I am here to let Judge Gorman know that we do not oppose extradition and that we will wait our turn to prosecute Mayfield on the rape charges here."
"Thank you, Mr. Van Libber," Allyson said. "I'm Allyson Granger, the assistant prosecutor for Emerald Cove. This Bryant Hawkins, our chief of detectives."
The men shook hands.
"Their main argument is that the DNA test that secured the arrest warrant was illegally obtained," Van Libber said. "They served notice of a positive defense on Monday morning. That seems to be their only claim."
Bryant nodded.
"Are we going to have any trouble with that?" Van Libber asked. "The witnesses were unwilling to speak either to me or to Mr. Green about this. Have you spoken to them?"
"I've taken an informal statement from both of them," she said. "They corroborate what my detective tells me. Mr. Mayfield made an unprovoked attack on Randall Howard. Mr. Howard defended himself. The bartender had knowledge of the police's interest in Mr. Mayfield and seized the opportunity to secure the bloody rag. That's how it happened."
Van Libber nodded.
"Well, rest assured that Mr. Mayfield is not walking free today," he said. "I impaneled a grand jury for the sole purpose of handing down an indictment against him in the sexual assault of Rebecca Graceton. I will unseal that indictment if Green manages to quash the DNA test. Once he's arrested for a felony in Ohio, he'll be forced to give a DNA swab. So feel free to argue inevitable discovery if you think it will help."
"Thanks, Mr. Van Libber," Allyson replied.
"Wayne," the man replied. "I want to thank you for your diligence in tracking this suspect. His attack on Ms. Graceton was brutal. If he wasn't looking at a death-penalty charge I would be reluctant to let him go. As it is, well, if your jury gives him the needle, I hope you'll invite me down to watch."
"You got it," Bryant promised. He knew Allyson was reluctant to use the death penalty. Jonah Attenborough would probably prosecute the case when it came up.
"I'm going to offer to remove the death penalty inducement if he will waive extradition," Allyson announced.
Bryant's mouth dropped.
"I know you don't want to hear this but we're going to have a hard time selling first-degree murder with special circumstances," she said. "We can't prove the sexual assault happened when she was alive. Even the doctor who performed the autopsy can't say for certain. Without the sexual assault, he could argue 'heat of passion.' We only have his co-conspirator's word that it was pre-meditated."
"Then we use elimination of a witness as the motive," Bryant shot back. He had pulled law books and read the extenuating circumstances needed for a capital case.
"We could," Allyson admitted. "And we will if it comes to that. Bryant, this is just to get him to South Carolina without revealing our entire case to his defense team. That's the other reason a defense attorney fights extradition: he wants to see the prosecution's case so he can plan his arguments for trial. Rest assured, if he insists on fighting this, we'll hold the needle over his head."
"Fine," Bryant said grudgingly.
Van Libber put his hand on Bryant's arm in a paternal fashion.
"I would have to agree with Ms. Granger's strategy," he said. "I'm not going to unseal our indictment unless it looks as though he's going to walk away. Life without parole isn't anything to sneeze at. If I could offer some advice, just put a unified front. If the defense senses any tension, he'll do his best to exploit it."
The extradition hearing was called to order a few minutes after Bryant and Allyson arrived. Because the hearing was closed to the public, Jonathan Mayfield was led to the room in shackles wearing a lemon yellow jumpsuit.
Bryant fought a smile and lost. Seeing that the bastard had a two black eyes and a bandage across his nose made him even happier.
The judge asked for opening statements from the attorneys and Allyson stood.
"Your Honor, let's be clear," she began. "This is a travesty. The U.S. Supreme Court has established only three reasons applicable to this case for a state to deny extradition. First, this court must establish that the documents filed by the state of South Carolina are in order; second, you must determine that the defendant has been charged with a crime in South Carolina. I don't think either of those conditions is in question.
"Third, this court must determine if the defendant is the person named on the warrant from South Carolina. I do not think anyone is suggesting that the person seated at that table is not Jonathan Scott Mayfield. Any other argument that the defense team wishes to put forth is better served in a criminal courtroom. This is not the venue for trying the case. It is a venue to determine that the authorities in Emerald Cove, South Carolina, have met the three criteria. Simply put, we have. I believe that this is just an excuse for Mr. Green to pad his billable hours. I submit that Mr. Mayfield would be better served saving his pennies for a trial defense. I can assure you, he'll need it. Thank you, Your Honor."
Emil Green was on his feet before Allyson had sat down.
"Your Honor, this is not just a case of extradition," he said. "This is a case of a non-jurisdictional police agency abusing its authority to detain a citizen of the state of Ohio. The question is not whether my client is Jonathan Scott Mayfield. We do not contend otherwise. Our contention is that the DNA evidence used to secure the warrant from South Carolina was fraudulently obtained. Without that tainted evidence, there is no way my client could have been falsely connected to any crime. You must deny extradition until a full hearing on the DNA evidence can be vetted. Thank you, Your Honor."
The judge looked at both tables.
"I tend to agree that Ms. Granger is correct," he said. "I am not the sort of jurist who thinks it's my job to make new laws. However, Mr. Green raises a valid point. I'm inclined to listen to Mr. Green's argument on how the DNA sample was obtained."
Allyson rose again.
"I want it perfectly clear that this matter is closed after this hearing," she said. "Otherwise, you can house Mr. Mayfield here on our detainer while I secure a writ from a federal judge. I assure you, Your Honor, I will have no difficulty in compelling a federal judge in either jurisdiction to grant extradition. I am willing to have this argument in this courtroom, simply because it will save me from having the witnesses travel to South Carolina and Hamilton County plans to prosecute Mr. Mayfield for sexual assault using the same evidence. But if Mr. Green or Mr. Mayfield thinks we're going to play this game half a dozen times, they are sorely mistaken. This is their one chance to air their grievances on the DNA evidence, Your Honor. I will not try this case in two jurisdictions in perpetuity."
The judge nodded and turned to the defense table where Emil Green looked like a deer caught in headlights.
"Your Honor, I can't agree to that in good conscience," he said.
"Have it your way," Allyson said, standing and gathering up her briefcase. "Your Honor, please hold Mr. Mayfield on the active detainer from the state of South Carolina. I'll be back by noon with an extradition order from a federal judge."
Green had no belief that a South Carolina judge would throw out evidence secured by one of their own.
"Wait," he said. "Let me confer with my client for a moment."
"Make it quick," the judge ordered. He gave a brief smile in Allyson's direction.
Green whispered urgently into Jonathan Mayfield's ear for a moment.
"We agree to Ms. Granger's stipulation," the lawyer eventually said. "Mr. Mayfield is willing to waive relief on this matter and have it heard now."
"Let's get to it then," the judge declared.
Bryant was the first witness called. This was an evidentiary relief hearing and the same rules of direct and cross-examination applied. Because of that, Allyson kept her questions narrow.
"Did you in any way induce or attempt to induce any private citizen to act as an agent of the police when attempting to acquire a DNA sample from the suspect in a murder and rape in Emerald Cove?" she asked.
"No," Bryant answered.
"Did you enlist the aid of any private citizen in your attempt to acquire a DNA sample from a rape and murder suspect in a case from Emerald Cove?" she inquired.
"Yes. I asked a bartender at a club in Cincinnati to attempt to acquire a used bottle or an eating utensil from Jonathan Mayfield, a suspect in a violent crime," Bryant answered.
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