“We’re talking about whether the two crimes are part of a common scheme or plan, and I don’t see that they are.
“But what about using the Gentry evidence to prove the identity of the person who murdered Mrs. Randall?” Judge Beathard asked Regina.
“The cases I’ve cited in my memo hold that the mere fact that the two crimes are parallel as to the methods and means employed in their execution doesn’t serve to identify the defendant as the poisoner of Mrs. Randall unless his guilt may be inferred from its similarity to the Gentry poisoning.
“Mr. Ragland has no evidence that proves that Mr. Chesterfield sent the candy to Mr. Moser. In the Gentry case, there is only circumstantial evidence that the cause of death is cyanide, and the only evidence that the poison, if it existed, was in candy is also circumstantial and derives from an inadmissible hearsay statement made by Mr. Gentry. No box of chocolates was found in Gentry’s house.
“Furthermore, this is not a case where a killer leaves a distinctive mark on each victim, like a Z cut in the victim’s cheek or a rose left at each murder scene. Using poison to kill someone is not so unique that Your Honor could conclude that the use of poison in Gentry proves the identity of the poisoner in this case.
“I’d like to make one other point, Your Honor. As soon as I understood how little evidence Mr. Ragland can present to implicate my client in this case, it became obvious to me that Mr. Ragland can’t prove his case without evidence from the Gentry case, because there isn’t enough evidence in either case to convince a jury beyond a reasonable doubt that Mr. Chesterfield committed any of the crimes charged.
“Mr. Ragland is hoping to bootstrap a conviction in the case that is before you by presenting the unrelated evidence in Gentry, precisely the type of behavior the rule of evidence prohibiting the use of unconnected evidence of other crimes was written to forbid.”
Ragland responded to Regina’s arguments, but it was clear that the judge was only listening to be courteous. When Ragland sat down, the judge made his ruling.
“I spent quite a bit of time researching the issues raised by your motion, Miss Barrister. The cases and law review articles cited in your excellent memorandum of law in support of the motion were very helpful. After giving the issue a lot of thought, I find that I agree with Miss Barrister. Her motion to prohibit the introduction in our case of evidence about Arthur Gentry’s case is granted.
“I’m also going to grant Mr. Chesterfield bail.”
Lily Dowd leaned forward and laid a hand on Regina’s shoulder. “Thank you.”
“You were fantastic,” Chesterfield said. “Worth every penny.”
“I’d like to see Counsel in chambers so we can work out the conditions of release,” the judge said before standing up and heading to his chambers.
As soon as Judge Beathard left the courtroom, the spectators and reporters started talking. Because of the noise and commotion, no one noticed that Gary Randall had walked into the bar of the court until he smashed his fist into Robert Chesterfield’s face.
“I’ll kill you!” he screamed as he pulled his fist back again. Before he could land another blow, the jail guards grabbed him and wrestled him to the ground.
“Let me go!” Randall screamed as he thrashed about on the floor.
“You’ve got the wrong man, Mr. Randall,” Chesterfield said. “I didn’t try to poison anyone.”
Morris Quinlan watched the chaos caused by Gary Randall’s attack. Then he shook his head in disgust and left the courtroom. “I knew Peter would fuck up this case,” he told his partner.
“What can we do now?”
“We can try to find evidence that proves Chesterfield sent the candy to Moser. If we don’t, he’s going to walk.”
“There’s something I don’t understand,” Dillon said.
“What’s that?”
“Ragland is obviously incompetent, so why is he handling major cases?”
“Politics, my boy. You saw the pictures on Ragland’s wall. Daddy was one of the most respected prosecutors this state ever produced and one of its most influential politicians. He’s retired now, but he still pulls a lot of strings, and people, like the district attorney, owe him big-time. As long as Jasper Ragland wants Peter in the DA’s office, he’ll remain in the DA’s office.”
* * *
Lily Dowd waited in the courtroom with one of Regina’s associates until Regina came out of the judge’s chambers and told her what she would have to do to obtain her husband’s release. As soon as Lily left with the associate, Regina spoke with the reporters. Then she crossed the street to the Justice Center, where Robert Chesterfield had been taken while the lawyers and the judge decided on his release conditions.
“Your wife is posting bail, so you should be out by this afternoon,” Regina said as soon as she and Chesterfield were alone in the contact visiting room.
“That’s great. I can’t thank you enough. Can you make a guess on how the judge’s ruling will impact my case?”
“It might kill it. If Ragland were smart, he would have held off on the indictments. After I read the discovery, it was obvious that he didn’t have enough evidence to prove your guilt beyond a reasonable doubt. I’m guessing that he’ll dismiss both cases and hold off on new indictments until he has stronger evidence implicating you.”
“Which he will never have, since I am completely innocent.”
“I’m thinking of making a motion for a speedy trial to force Ragland’s hand. Of course, he can stall by appealing Judge Beathard’s ruling to the Court of Appeals. That could keep the case on hold for a year or more.”
“The law is not something I’m schooled in, so I’ll leave the legal decisions in your capable hands. You’ve been spot-on so far. But I would like to discuss the case with you when I’m back in civilization.” Chesterfield looked into Regina’s eyes and smiled. “Perhaps we could have dinner together sometime next week.”
“I’d love to have dinner with you and Lily,” Regina answered.
“I don’t want to trouble Lily. My arrest and incarceration have been a big strain for her. She should rest in our house at the coast.”
Regina was certain she knew what her client was up to. “If you really want to discuss legal matters, it would be better if we met at my office, Mr. Chesterfield.”
“Robert, please. I feel we’ve gotten to the point in our relationship where we can be on a first-name basis.”
Regina looked directly at her client. “If you’re talking about the attorney-client relationship, I’d be glad to call you Robert. If you’re thinking of any other type of relationship, you should stop.”
Again, Chesterfield smiled. “I think you might enjoy an extralegal relationship with me, Regina. You’re a beautiful woman, and I’m guessing that you have … appetites.”
Regina stared at Chesterfield for a few seconds more. Then she burst out laughing.
“Knock it off, will you. I’ll make this as plain as I can: There is no chance whatsoever that I’m going to jump in the sack with you. Is that clear?”
Chesterfield smiled once more. “You can’t blame a chap for trying.”