Dark Moon, A Work in Progress, Chapter Twenty-Three

CHAPTER TWENTY-THREE
“Good morning,” Judge Tomlinson beamed at his courtroom. “I trust everyone had a good weekend.”
Sarah smiled in return as she stood at the defendant’s table with Bob Metcalf dressed in another ill-fitting suit, but she noticed that Tara Jacobs on the plaintiff’s side with Preston Baldwin, remained taughtly grim-faced. Probably because her surgeon had eliminated any possibility of smiling a couple of facelifts ago. Everything about Tara was so sleek she looked plastic. Her dark hair was pulled into the tightest bun on record. Her cobalt blue suit appeared to have been steamed within an inch of its life to remove every wrinkle. She was so thin Sarah doubted she ever touched food. Her French manicured nails were so long she could barely pick up a pencil. Every bit of her screamed she was trying too hard to be sleek, chic, and expensive.
“Let’s see, we’re here this morning on a motion Ms. Jacobs filed to quash Ms. Knight’s subpoenas for Ronald Brigman and Michael Reed’s bank records. Is that right?”
“That’s correct, Your Honor.”
“Mr. Baldwin, this isn’t your motion. I’m not even sure why you’re at this hearing.”
“Well, Your Honor, the state is opposed to disclosure to the defendant of the sensitive personal documents of the victims.”
“They aren’t going to be disclosed to Mrs. Reed, Mr. Baldwin. Ms. Knight as counsel of record will receive them. And I’m still not sure what your interest is in this hearing.”
“The state represents the victims –”
“The state is seeking justice on behalf of the People, Mr. Baldwin.”
Sarah suppressed a smile. It was fun to watch the arrogant Preston Baldwin being raked over the Monday morning coals even if she guessed her own turn was coming.
“Well, of course, Your Honor, but – ”
“No ‘buts,” Mr. Baldwin. I’ve heard more than enough from you. Ms. Jacobs scheduled this hearing. If you don’t sit down and be quiet, I’ll ask you to leave.”
Preston Baldwin folded his lawyer tail between his legs and sat down next to Tara, who was still standing.
“Now, let’s see. I neglected to have you enter your appearances. Ms. Knight, obviously you are here on behalf of Mrs. Reed. I hear she’s doing better at the hospital?”
“That’s correct, Your Honor.”
“We like to hear every bit of good news we can get on Monday morning. And you have a gentleman with you whom I see is not your investigator.”
“That’s correct, Your Honor. This is Bob Metcalf, who represented Mrs. Reed in the family court proceedings. He may or may not be called as a witness.”
“Very good. Welcome, Mr. Metcalf.”
“Thank you, Your Honor.”
“Now, Ms. Jacobs, as to your appearance. Who are you here to represent?”
“Ronald Brigman and Michael Reed.”
“Hm.” Judge Tomlinson’s kind gray eyes studied Tara’s taught eagerness intently. “Don’t you have a bit of a problem, there?”
“Problem, Your Honor?”
“Yes, a problem of “standing.” You remember the legal concept of “standing,” Ms. Jacobs, from first year civil procedure in law school? You have to have “standing” to bring a matter before a court. You have to be an eligible party as the law defines ‘eligible party to a legal proceeding’ before you can ask the court to hear your position.”
Tara pursed her haughty collagen filled lips with utmost derision for the mild, rotund civil servant looking down at her from the bench. “Ronald Brigman and Michel Reed have standing to oppose disclosure of their personal bank records.”
“I’m sorry, Ms. Jacobs, but you are wrong. They are both dead. That means they no longer have standing to oppose anything. The representatives of their estates can offer an opposition on their behalf, but Mr. Brigman and Mr. Reed are no longer able to be litigants in a court of law.”
“Yes, but I represented Michael in his family law matter.”
“Right, but you aren’t the executor of his estate nor do you represent the executor of his estate. And you’re not in family law court this morning. Correct?”
“Correct.”
“And I was not aware that Ronald Brigman was ever your client. If he had been, the State Bar would doubtless have been concerned about your conflict of interest since he was appointed to evaluate a number of your family law clients.”
Out of the corner of her eye, Sarah saw Bob’s eyes widen as he struggled to keep the rest of his face lawyerlike and impassive. She guessed no judge in family court had ever talked to Tara this way. On the other side of the courtroom, Preston Baldwin was visibly shrinking in his chair as he began to understand the scope of the legal problem Tara’s ignorance had created.
“I – I well, Dr. Brigman was not a client. He was a friend.”
“Right. I understand that, but when has the attorney-client privilege applied to communications between friends?” Judge Tomlinson was enjoying watching her squirm because she was so obnoxious in her ignorance, Sarah thought.
“I – I – well, the privilege applies to Michael’s confidences to me. And some of those were disclosed to Dr. Brigman in the course of his work in this case.”
“And that gives you an even bigger problem, doesn’t it, Ms. Jacobs?”
“I’m sorry, Your Honor. How does telling a court-appointed evaluator information provided by my client create a problem?”
“Think hard, Ms. Jacobs. First-year law school again. Your first class in professional responsibility. What happens when you disclose a client’s confidences to a third party?”
Tara was bright red. “Well, they’re waived, of course. But, Dr. Brigman was a court-appointed evaluator.”
“Can you show me some authority that says court-appointed evaluators aren’t third-parties when it comes to attorney-client privilege?”
“I – I – no.” Tara looked stunned.
“Well, then. I think this hearing is over. You don’t have any standing to move to quash Ms. Knight’s subpoenas.”
“But Your Honor!” Preston Baldwin leapt to his feet and threw himself into the breach Tara’s incompetence had created.
“Mr. Baldwin, I thought I asked you to sit down and be quiet.”
“Please, Your Honor. At least hear Ms. Jacobs on the public policy issue.”
“Public policy issue?” Judge Tomlinson frowned.
“Yes, Your Honor,” Tara gave him the smile that apparently won judicial hearts and minds in family court. Only it wasn’t working here, Sarah thought.
“Okay. It’s Monday morning. I’ve had a nice weekend. I hear Mrs. Reed is recovering. I’m in as good a mood as I’ll probably be in all week. Tell me these ‘public policy’ reasons of yours to quash Ms. Knight’s subpoenas.”
Judge Tomlinson settled back in his chair and kept his eyes on Tara Jacobs.
“May it please the court.”
“Ms. Jacobs, I’m not pleased, in case you haven’t noticed. And this isn’t first-year law school moot court, nor are you in the court of appeal. This is superior court where I am vastly underpaid and very overworked. Just get to the point.”
“Sorry, Your Honor. The points is Alexa Reed should not profit by her decision to kill her husband and Dr. Brigman. Mrs. Reed is a lying, devious, manipulative individual with a psychopathic borderline personality disorder, whose only goal in life was to live off her husband’s money. She – ”
“Wait, Ms. Jacobs. Just wait, please.” Judge Tomlinson held up his hand. “No one, particularly a criminal defendant who is presumed innocent until proven guilty, is going to be called lying, manipulative, or psychopathic in my courtroom by an attorney, unless an expert has first testified to that based on authorities reasonably relied on by experts in the field. I am not persuaded by character assassination. Is that clear?”
“Yes, Your Honor. If I might finish?”
“You’re finished, Ms. Jacobs. I did my tour as a judge in family law court a few years back. The kind of language you are using disgusted me then, and it does now. I feel like levying a hefty sanction on you for wasting my time this morning. If you’d done your legal research, you’ve have known you had no standing. If you will kindly fold up your papers and exit now, I won’t impose the $2,000 fine I’m considering. Your motion was frivolous, and it is very, very denied.”
Sarah thought she heard a slight whimper from Tara as she swept her legal pad into her Louis Vuitton brief case and headed for the backdoor. She could see Bob was still working hard to suppress a grin of delight.
Fortunately, he continued to be successful because the judge turned to him next, “Mr. Metcalf. Again, thank you for spending part of your Monday with us. I’m going to let you go now, because I need to talk to Ms. Knight and Mr. Baldwin about scheduling in Mrs. Reed’s case.”
“Thank you, Your Honor.” Bob picked up his well-worn briefcase and headed for the exit.
Judge Tomlinson frowned at Preston Baldwin as the door closed behind Bob.
“Did you know that was going to be her motion?”
“No, Your Honor. I thought she was going to say she represented the estates of the two victims.”
“If I hadn’t been on the bench in family court and seen the way they practice over there, I wouldn’t have believed anyone who had passed the California Bar would have pulled a stunt like that. Anyway, that’s not why I kept the two of you. I understand Ms. Knight wants Mrs. Reed out on bail when she leaves the hospital.”
“That’s correct, Your Honor.” Sarah willed herself to be calm and not to give away too much of her case for Alexa’s release.
“Your Honor, Ms. Knight is as out-in-left-field as Ms. Jacobs. There’s no right to bail in a capital case.”
“True, but she has a right to a bail hearing. And you’ve calendared one for October 1, haven’t you?” Judge Tomlinson looked at Sarah.
“I have, Your Honor.”
“I was just putting out some feelers to see if the two of you might reach an agreement on Mrs. Reed’s custody status to save us the trouble of the hearing.”
“The people want her in jail. Period.”
“Then I think we’re on for October 1. You do know, Ms. Knight you have to show facts that demonstrate she may not be guilty?”
“Yes, Your Honor.”
“I just want you to be aware I’m not going to be any happier than I was today if you waste my time.”
“I understand, Your Honor.”
“And now I believe you wanted to talk to me about hiring the experts you need for Mrs. Reed’s defense?”
“That is correct, Your Honor.”
“Very well. Mr. Baldwin, you may go. I need to meet with Ms. Knight in my chambers for a few minutes.”