Please note: I always write every piece of word once the timer starts. In this specific case, because I did a toooonnnn of legal research for federal cases, I did prewrite some legal arguments based on that research because if I’d messed anything up in my haste to do everything I wanted today, I’d be sooo mad at myself.

Thank you for your understanding 😛

Written in 55 minutes.

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Wednesday, September 10, 2024

Miller & Davis: Office

Alexis stopped in the doorway of the office, her brows lifted. “Shouldn’t you already be on the road to Syracuse?”

“I’m leaving in five minutes,” Diane muttered, marking notes with her red pen. “I left my brief here last night. I knew I should have just slept on the sofa—” She scowled when Alexis plucked the pen from her grasp. “Excuse me—”

“You have this figured out backwards and forwards.” Alexis slid the cap on the pen. “You know this argument. You were probably talking in your sleep last night with it.”

“I just—” Diane exhaled slowly, sat back in the chair. “It’s the first time I know, without a shadow of doubt, that I’m responsible for an innocent life. With Jason, you know—” She shook her head. “It was always about finding the right argument, but if you lost — well—” She got to her feet. “Jake came home from school on Monday, and he just—” She made a gesture with her hand. “Fell apart. Begged his father to tell the police something so his mother could come home. Anything. He’s seventeen-years-old, Alexis. Have you ever seen a boy cry at his age?”

“Diane—”

“Elizabeth is innocent. And so is Jason. Neither one of them know anything about this case. And if I can’t make this happen, Alexis, if I’m wrong, and that woman stays in jail one more day—”

“She won’t.” Alexis picked up Diane’s notes, slid them in a folder, then put them in Diane’s bag. “You won’t fail. Stop being mean to my best friend.”

Diane’s smile was slight. “I better get going. And in a few weeks, when you’re the one in here crumbling over a federal case, I’ll be the one giving a pep talk.”

“I look forward to it.”

James M. Hanley Federal Building: Courtroom

They’d run into Laura and Kevin in the parking garage, then found Joss, Michael, and Carly waiting outside the court room. Michael hugged Jason, while Joss caught up with the boys, checking in on Cameron’s plans for that weekend.

“I still think it’s ridiculous that they’re not bringing Elizabeth to the court house,” Carly grumbled as they entered the court room and filed into the two rows behind Diane’s table. The lawyer was already set up with her laptop screen flipped up and a web conference meeting already logged into.

Diane smiled thinly at them, then gestured that the screen by the jury box. “Elizabeth will be visible there so that the judge can see her, but she’ll only be able to see the kind of screens I have—” she indicated her laptop screen. “Four boxes. She won’t be able to see much but if you sit right behind the screen—”

“At least we’ll be able to see her,” Aiden said. “I just wish she had a better view of us. I wish she were here.”

“She’ll be home tonight,” Jake said, and his brother just looked at him. “You don’t believe me?”

“I want to. I just—I thought we’d get to see her on Saturday, and then no. I wanted to call her on Sunday, but no again.” Aiden’s expression was grim. “I don’t want to get my hopes up.”

“I know, but — ” Jake looked at his father, coming over to them from a conversation with Laura and Carly. “Dad, you’ll still tell me if you get the signal you were talking about, right? Where you think you’ve won?”

“Yeah. Yeah.” Jason focused on Aiden, must have seen something in his expression. “I’m as sure as I can be in this kind of situation that we’re going to win today,” he said. “I’ve done everything I can to make it happen. Legally,” he added. “But at the end of the day—”

“It’s not up to you,” Aiden finished, and Jason reluctantly nodded. “Okay. Okay. Well, you’ve  been in jail before, so I guess you’d know what the chances are.” He hesitated. “I mean—”

“It’s okay—” Jason held up a hand, indicating that he wasn’t offended. “I do have some experience. Not just with the legal system. But with the guys who run these investigations. They always have an angle.” He stepped closer, keeping his voice down. “They  think your mom and I are lying. Whether I’m covering for her, or the other way around. They don’t have enough to convict her. They are going to want her out so they can catch us doing something to help them.”

“But since you’re both innocent—” Jake started.

“They’re going to get nothing,” Jason finished. “They probably know more about what happened that day than either one of us. So trust me, I think we have a better chance than most people in your mother’s position.”

Jamesville Correctional Facility

“And I just—” Elizabeth gestured at the small laptop screen. “I just sit here?”

“You’re not required to speak, no.” The facility’s legal coordinator nodded to the guard, who locked her shackles to the table. “Just listen to the arguments and stay quiet. When it’s over, you go back to your cell.”

“Even—” she bit her lip. “Even if I win—”

“You go back there until the order is transmitted. It’s starting, so—”

Elizabeth focused on the screen, and the little screens began to populate — the judge’s table, empty for now a man she didn’t know with the label “Reynolds” then Diane—and, oh—

She leaned in, and could just barely make out Jake and Aiden sitting behind her lawyer. Aiden gave her a tiny wave, and she exhaled in a rush of relief. Her boys. She could see them. Even if they were tiny dots on the screen.

Please. Please let this be over today.

James M. Hanley Federal Building: Courtroom

“All rise, for the Honorable James M. McAvoy—”

Jake tensed, jolting to his feet, watching as an older man entered, clad in the black robes he’d never seen in real life.

He sat down behind the judge’s desk, slid on a pair of reading glasses. When he’d settled, the bailiff gave them the instruction to sit, and then called his mother’s case.

The judge opened a file. “I have reviewed the Pretrial Services report in this matter. The defendant, Ms. Webber, is a resident of Port Charles, and has been since she was fifteen years old. She owns her own home, enjoys full-time employment as the head nurse at General Hospital. She has three children, two of whom are minors residing with her retaining primary residential custody of both. She has no prior criminal convictions and no history of violence.”

Some of Jake’s tension eased as this recitation of his mother’s background. All of that sounded good.

The judge continued, “Pretrial services notes the statutory presumption of detention for the offense charged, but indicates should the Court consider release, it could be under home confinement with surveillance, GPS monitoring, and a third-party custodian.” He lifted his head now.

“The defense has proposed Mr. Jason Morgan for this custodial duty.”

Jake looked at his father, confused by that. What did it mean?

“He has a 2010 Class D felony conviction for racketeering that was later overturned, with no subsequent criminal convictions, though, uh, more than a few arrests. While Pretrial services has indicated some concern regarding his suitability, the government has indicated it does not object to his appointment in light of the restrictive conditions proposed.”

Jason slid Jake a glance, nodded slightly, and Jake elbowed his brother. That was it. The sign his dad had wanted. The government wasn’t going to object to his dad being named the custodian or something. Whatever that was. He didn’t care if meant his mom was coming home.

“With that,” the judge said, setting the file aside, “I will hear argument from the government on the question of detention or release.”

The man behind the other table got to his feet, buttoned his suit jacket.

“Thank you, Your Honor. Noah Reynolds, Assistant United States Attorney. The defendant is charged with the deliberate killing of Special Agent John Cates, an FBI agent acting in the course of his official duties. Under federal law, this charge alone triggers a statutory presumption of detention.”

Jake bumped his dad, but Jason gave him a quick shake.

“The evidence against Ms. Webber includes forensic ballistics tying the recovered weapon to the fatal round, eyewitness accounts placing her at the scene, and motive evidence based on Agent Cates’ role in keeping the father of her middle son, Jacob, from them for over two years.”

“Idiots,” Jake muttered under his breath.

“This is a crime of violence punishable by life imprisonment or death—”

Aiden made a little sound that might have been a whimper and Jake reached for his hand, looking at him quickly. His little brother was pale. “It’s okay,” he breathed.

“That fact alone gives her every incentive to flee. The government also maintains she poses a danger to the community and to the integrity of the judicial process. Release, even under the strictest conditions, cannot mitigate that danger. The defendant has every reason to obstruct justice, whether by coordinating with accomplices or intimidating witnesses — many of whom are members of law enforcement. Given the nature of the charge, the presumption of detention applies, and Ms. Webber has not met the heavy burden required to overcome it. The government requests she be held without bail pending trial.”

Reynolds took his seat, and the judge simply shifted his focus to Diane. “And the defense?”

“Diane Miller, Your Honor. My client is, as you noted in your opening, a longterm resident with deep ties to her community. Her sons are her entire world, and they have deep ties to their community. She is a beloved nurse with shining evaluations and no criminal history.

“Furthermore, the government’s case rests on circumstantial evidence, and the assumption that because she was present on the scene, she must be guilty. I’d like to remind the court and my honorable colleague across the aisle—” Diane flicked her gaze to Reynolds. “That the only reason they can put my client at the scene is because she told them. They have no direct evidence that Ms. Webber knew about the gun recovered in her trunk, let alone fired it at a federal agent with intent to kill. The so-called ‘forensics match’ is preliminary and unconfirmed. In fact, several pieces of exculpatory evidence — including eyewitnesses who contradict the government timeline — have yet to be processed.”

Diane took a deep breath, spread her hands out at her side. “Your Honor, this case is not what it appears on paper. It is a pretext prosecution being rushed forward without full forensic analysis of the gun, of the so-called tip that led them to the recovery of the gun, and my client is the collateral damage of an investigation targeting others.” She paused for effect, letting her words linger.

“We propose the strictest conditions imaginable: home confinement at her longtime residence under the supervision of a third-party custodian approved by Pretrial Services, GPS ankle monitoring, daily check-ins, surrender of all passports, a prohibition on possessing firearms, and a no-contact order with all law enforcement witnesses. My client will post a secured bond backed by real property from her family and friends.

Ms. Webber has no history of violence, no history of flight, and she is willing to comply with any restriction this Court imposes. We respectfully submit that she has rebutted the presumption of detention and that these conditions will assure her appearance and the safety of the community. She is innocent in every sense of the word and looks forward to proving that to the court.”

Diane took her seat, took a moment to offer Elizabeth a smile. Her client smiled back nervously, barely a lift of the corners of her mouth.

The judge slid his reading glasses back on. “I have a few questions for the government based on the available evidence. Mr. Reynolds?”

“Yes, Your Honor?” Reynolds got to his feet. “The government is ready and willing to answer whatever the court asks.”

“Suckup,” Aiden muttered, and Jake elbowed him.

“I read the file. Is it true that the 911 report came from Ms. Webber’s alibi?”

“Yes, Your Honor.” Reynolds hesitated. “Mr. Michael Corinthos called 911 to report the shooting.”

“And his statement says that they were in the gardens and heard the gunshots. Are we suggesting this statement is false?”

Reynolds hesitated, and Diane frowned at him. Had he not prepared for that question? “We are still investigating the holes in his statement, yes. We have only his and Ms. Webber’s word. Mr. Corinthos has a reason to lie. His cousin is Ms. Webber’s son, and she’s been a close family friend his entire life.”

“And we’re suggesting the murderer shot him and then sat by while her son’s cousin called 911 while she pretended to save her victim’s life?” Judge McAvoy asked, skeptically.

“Again, there are only five witnesses that claim to have heard the gunshots. We have no way to confirm—”

“Only five? Five isn’t a small number, Mr. Reynolds.”

“Perhaps not, but every member is related to Ms. Webber in some way, with a reason to protect her. Jacob Webber and Daniel Morgan, her son and his half-brother. Jason Morgan, a former lover—”

Jake wrinkled his nose despite himself. Ew.

“Jason Morgan—” The judge paused. “The third-party custodian you have no objection to? We’re saying he’s lying about his statement?”

Reynolds paused, then cleared his throat. “Your Honor, these are questions better suited to a preliminary hearing with testimony—”

“Or a hearing on a motion to dismiss,” the judge said wryly. “Of course. This is just a bail hearing when I should determine if Ms. Webber stays in federal custody or goes home today to her sons and, uh, all the liars she’s surrounded herself with. She lives with one of the primary witnesses, Miss Miller? And the third-party custodian?”

Diane got to her feet. “Your Honor, the five witnesses gave their statements to the responding officers the night of the crime. Their stories have not, and will not change. Simply because they are the truth. I can assure you, allowing Ms. Webber her freedom will not affect the facts of this case. And I should think if their stories did change—” She fluttered her lashes at Reynolds who pressed his lips together. “Mr. Reynolds and Agent Caldwell would just jump for joy, wouldn’t they?”

Judge McAcoy’s smile was a bit then. “I suppose we’ll find out. Mr. Reynolds, I’m not impressed by the evidence in this case. It’s thin at best, and at worst, looks like prosecutorial overreach designed to put Ms. Webber in federal custody. I look forward to your reply to Ms. Miller’s motion to dismiss. As for bail—” He shifted, looked down at his laptop. “Ms. Webber, it is extremely rare for a defendant charged with murdering a federal agent to gain her conditional release. If you step one foot out of line, I will revoke bail—”

He lifted his eyes to Diane. “Let’s discuss the conditions for Ms. Webber’s release.”

On the television screen, Jake watched his mother press hands to her mouth, tears in her eyes. He looked at his father — and knew he saw his own relief reflected back in Jason’s expression.

“She’s coming home?” he asked, because he just needed to hear it again, keeping his voice.

“We won?” Aiden hissed.

“Yes.” Jason exhaled slowly. “We won. She’s coming home.”

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