Murder at Ford's Theatre - Margaret Truman [99]
Klayman leaned on the desk. “She was wearing those?”
“Oh, yes. Of course, the watch had stopped, and everything is badly corroded. Not much value to them.”
“Yeah, not much value. Thanks, Doc. I appreciate the time.”
“Anytime, Detective. Always happy to contribute to the cause of justice.”
CHAPTER TWENTY-EIGHT
“HOW DOES THE DEFENDANT PLEAD? Guilty or not guilty?”
“Not guilty,” Jeremiah muttered.
“Speak up. Guilty or not guilty?”
“Not guilty.”
U.S. Attorney LeCour had filed written murder charges against Jeremiah, and went on to verbally present the State’s formal charges against him at the Monday morning Presentment hearing. The charge was murder in the first degree, with a lesser-included charge of murder in the second degree. The murder-one charge assumed malice aforethought and premeditation. The lesser charge contained all the ingredients of first degree, but without premeditation. LeCour had presented only two witnesses to corroborate his allegations, Herman Hathaway, MPD’s chief of the Crimes Against Persons Unit, who testified about Jeremiah’s lies to detectives concerning a prior relationship with the deceased; statements from unnamed witnesses who had knowledge of that relationship, and who LeCour promised would testify to that fact; and the defendant’s previous assault on a police officer, resisting arrest, and violation of a court order placing him under the custody of a “family member.” Becker objected when Hathaway mentioned previous complaints against Jeremiah, including assault on a woman, and was sustained. Not that it mattered at this juncture. There was no jury; the judge alone would make the decision whether the State had ample grounds to formally charge Jeremiah with the murder. LeCour and the U.S. Attorney’s office had the option of presenting the case to a grand jury, but had informed Smith and Becker that they did not intend to do that.
Forensic expert Wallace Wick gave testimony about the shoe print matching the pattern of the defendant’s sole.
On most mornings, Presentment hearings drew few spectators, usually retired men and women whose favorite avocation was hanging around the courthouse and sitting in on legal proceedings. They knew every judge and court officer, and zealously debated the merits of each case.
This morning, however, the visitor benches were filled, including a large contingent of press. Judge Walter Jordan, a veteran on the bench, had to admonish the crowd more than once to be quiet or risk being expelled from the room. He was a kindly looking older black man with a sweet smile, soft voice, and kind eyes, but with a reputation for running a tight ship. He was considered a fair judge, although he had little patience with defense attorneys who practiced theatrics in defending their clients.
Yale Becker’s cross-examination of Hathaway and Wick was cursory. Such hearings were an opportunity for lawyers on both sides to gain a sense of their opponent’s projected tactics, and the evidence they might present at trial. The advantage was clearly with the defense. It was incumbent upon the prosecution to lay out its case in detail in order to justify the charges against a defendant. Becker and Smith knew that unless they had a bombshell that would derail the proceedings, it was prudent to keep their cards close to the vest. They’d submitted a pro forma Motion to Dismiss earlier that morning in order to have it on the record. There would be multiple motions filed before trial, all to make a record in the event an appeal was in the works somewhere down the road.
“Let’s deal with the matter of bail,” the judge said. “Mr. LeCour?”
“Under the circumstances, your honor, the state feels that no bail should be set for the accused. He’s being charged with a heinous crime, the murder of an innocent young woman. He’s already proved to be a flight risk. Bail would be highly inappropriate.”
Smith responded, “Your honor, Jeremiah Lerner is from a distinguished family. His father is a highly respected U.S. senator, and his mother heads Ford’s Theatre