Peter Ragland was the son of Jasper Ragland, the legendary United States Attorney for Oregon. No detective who had worked on a case with Peter had anything nice to say about him. He was a mental midget who thought he knew everything and would not listen to advice. The general consensus was that Ragland was trying to prove that he was just as good as his brilliant father. If that was his goal, he was failing miserably. Ragland lost cases he should have won and had victories reversed on appeal by committing stupid errors of law.
Regina loved going up against Ragland. He was obnoxious, but he was also incompetent and so ego centered that he made terrible errors of judgment, like the one he had made when he had treated Regina with disdain a month earlier when she had come to his office in an attempt to get him to drop a DUI case against the majority leader in the state senate.
“What can I do for you, Regina?” asked Peter, who had begged for the case because of the publicity it was going to get.
“I’m representing Bridget O’Leary.”
“She must really be desperate if she’s willing to pay your fees.”
“She’s also innocent.”
Ragland had laughed. “Everybody I charge is innocent. Unfortunately for Senator O’Leary, my case is open and shut. Good stop, alcohol on the senator’s breath, a point-eight breathalyzer, and a cop who is a great witness.”
Regina had placed a sealed manila envelope on Ragland’s desk. “You might want to read my expert’s report before you make a firm decision.”
Ragland had made no move toward the envelope.
“You can’t win this case, Peter, and I want to save you the embarrassment you will experience if Bridget is acquitted.”
“Which she won’t be.” Peter smirked. “I know all about your nickname. You may be a Sorceress, but even your magic wand won’t make the evidence go away.”
“Aren’t you even going to look at the report?”
“Maybe later. Thanks for dropping by.”
For a moment, Regina had thought about trying to reason with Ragland, but she knew her efforts would be wasted. Regina had hoped to save her client the stress and expense of a trial, but, barring a miracle, they were headed to court, where she looked forward to humiliating Peter Ragland.
* * *
Judge Richard Ogilvie’s courtroom was packed because of the news coverage it had received. As soon as the case was called, Regina waived a jury and elected to try it to the judge. Ragland didn’t expect this and he protested, but a defendant could waive his constitutional right to a jury trial and there was nothing Ragland could do about that, except wonder what Regina was up to.
Ragland’s only witness was Harriet Moreland, the arresting officer, who testified that she had stopped Senator O’Leary because one of her taillights was broken. When the senator lowered her window, the officer smelled alcohol on her breath. Moreland had asked the senator if she had been drinking. O’Leary said that she’d had one beer at a dinner meeting that had finished shortly before the stop.
“Did you have the defendant take a breathalyzer test?” Ragland asked.
“I did.”
“What was the result?”
“Mrs. O’Leary blew a point-eight.”
“Was that significant?”
“According to our statutes. A person with point-eight blood alcohol is under the influence.”
“When you got that reading, what did you do?”
“I arrested the defendant for Driving Under the Influence.”
“No further questions.”
“Miss Barrister?” Judge Ogilvie asked.
“Thank you, Your Honor.”
Regina’s investigator had interviewed Officer Moreland, so Regina knew that Ragland had left some important pieces out of her narrative.
“Officer Moreland, you didn’t stop Mrs. O’Leary because she was driving erratically, did you?”
“No.”
“In fact, you noticed nothing improper with the way she drove.”
“I did not.”
“Isn’t it true that the odor of alcohol alone is not proof that a driver is under the influence?”
“Yes.”
“Did you ask Mrs. O’Leary to perform a series of field sobriety tests in order to see if she was affected by alcohol?”
“Yes.”
“Did she agree to take the tests?”
“Yes.”
“Did these tests include walking a straight line, repeating the words Methodist and Episcopal, and touching her nose with her head back and her eyes closed.”
“Yes.”
“Did Mrs. O’Leary pass the field sobriety tests?”
“Yes.”
“Am I correct in saying that Mrs. O’Leary was not driving erratically, she performed the field sobriety tests perfectly, and the point-eight breathalyzer reading was the sole basis for the arrest?”
“Yes.”
Regina was certain that Ragland was oblivious to the way the case was going and her suspicions were confirmed by the smug look on the prosecutor’s face when he rested.
“Do you have any witnesses, Miss Barrister?”
“Just one, Your Honor. Mrs. O’Leary calls Oscar Benitez.”
A slender man with a coffee-colored complexion and a leading man’s good looks walked to the stand, dressed impeccably in a dark suit, a yellow and navy-blue striped tie, and a white silk shirt.
“How are you employed, Mr. Benitez?”
“I am the owner of Pacific Northwest Forensic Services.”
“What does your company do?”
“We provide help to attorneys and others who have questions about forensic evidence.”
“Before opening your own business, where were you employed?”
“I worked at the Oregon State Crime Lab for fifteen years.”
“Do you have any experience with the breathalyzer machines that are used to determine the amount of alcohol in a person’s blood?”
“My experience with breathalyzers is extensive. I’ve used breathalyzers hundreds of times; I’ve tested them to make sure they are accurate, and I’ve read countless pieces of literature that discusses them.”
“Mr. Benitez,” Regina asked, “Is there an error factor in these machines?”
“Yes.”
“My client took a breath test and the result was a reading of point-eight. Can you please tell Judge Ogilvie what that means?”
Benitez turned to the judge. “The reading the machine prints out is never exact and a point-eight, maybe a point-nine, and a one.”
“Those would both be proof that a person is driving under the influence, wouldn’t it?” Regina asked.
“Yes.”
“Is there another percentage that a point-eight could be?”
“Yes. A point-eight reading could be a point-seven.”
“And that would mean a person was not breaking the law, wouldn’t it?”
“Yes.”
“The State has to convince Judge Ogilvie beyond a reasonable doubt that Mrs. O’Leary was driving under the influence. If the only evidence against her was the point-eight reading on the breathalyzer, would the reading constitute proof beyond a reasonable doubt of intoxication?”