The Tenth Justice - Brad Meltzer [11]
“I already went through Westlaw,” Ben said. “The problem is the record’s a mess. We can barely tell where to start.”
“Just focus on the original trial transcript, since so much of the appeal is usually based on a screwup that happened at the lowest level. Have any of the other justices reported in yet?”
“No,” Ben said, still writing down Rick’s instructions. “It just came to us this morning.”
“If you’re lucky, five of the other justices will grant the stay before you guys are done. That way you don’t even have to sweat it out.”
“And what are the chances of that?” Ben asked as Lisa read over his shoulder.
“It depends on the issue. If it’s a Fourth Amendment issue, Osterman and the conservative crew will never touch it. Dreiberg might pick it up, though. The key for you guys is that you understand you’re not writing your opinion, you’re writing Hollis’s. You may think this defendant got screwed, but you have to base it on what Hollis might think. Traditionally, he won’t touch a death penalty appeal unless it’s an innovative legal issue. Otherwise, he’s pretty happy to put his faith in the lower court’s decision.”
“What if it’s based on factual innocence?” Ben asked, twisting the phone cord tightly around his finger.
“That depends on the facts,” Rick said. “If you have a case where the defendant was truly denied his rights, Hollis may take it. You have to be careful, though. You’re not Sherlock Holmes, so don’t think you can solve the case from your office. If the defendant maintains that he’s factually innocent, you better be sure there’s a mistake in his trial. Don’t waste Hollis’s time by just saying you have a hunch and that you feel it in your gut that the defendant didn’t do it. Hollis has been sitting on the bench for twenty-three years. He may have a weak spot for First Amendment issues, but he doesn’t give a squat about your hunch.”
After a long pause, Ben said, “What if you really, really know that this guy is innocent? I mean, you feel it in your gut and your chest and your armpits. Everywhere.”
“It’s your decision,” Rick warned. “If you’re right, good for you. But if you’re wrong, Hollis’ll deny the stay and you wind up with egg on your face. It’s not that big a deal, but since it’s your first few weeks, I’d want to gain a bit more of his confidence before I crawled out on a limb.”
“So I should let this guy fry so I don’t look bad?”
“Listen, I don’t know the facts of the case,” Rick said. “I’m just saying pick your battles wisely. I have to run, but if you have any questions just give me a call.”
“Listen, thanks for the help,” Ben said. “We really appreciate it.” After writing down Rick’s number, Ben hung up the phone, turned on his computer, and reentered the Westlaw database.
At five-thirty P.M., Joel, one of Chief Justice Osterman’s clerks, entered the office. “We’re out. Osterman’s denying the stay.”
“So you’re leaving now?” Lisa looked up from her stack of papers.
“You got it,” Joel said with a smug smile. “Our day is done.”
As Joel walked out, Lisa shouted, “I wish you a life ridden with hardship and a lingering death.”
“See you tomorrow,” Joel sang. “Hope you’re not wearing the same clothes.”
Within the next three hours, Justice Gardner denied the stay, while Justices Veidt, Kovacs, Moloch, and Dreiberg all granted it.
“Three justices left, and all we need is one more yes vote,” Ben said. “What are the chances this decision falls on us?”
“I don’t want to talk about it,” Lisa said, her eyes glued to the document in her hand. “I just need to stay focused, and this will all be over soon. I am calm. I am focused. I am the center of my universe and I am one with the document.”
At eleven P.M., Lisa leaned back in her chair and screamed, “I can’t take it anymore! I haven’t moved for the past twelve hours!”
“What happened to being one with the universe?” Ben asked.
“Fuck the universe,” she said, getting up from her chair and pacing around the office.