We stood as the jury came back into the courtroom. Their shoulders were slumped. Some were tired. Some were annoyed. Some were curious. Others were all three. If I had been trapped in a small jury room all morning with no explanation, I think I’d have been in the annoyed category, bordering on anger.
As the jury got to their seats, Judge Polansky instructed us all to sit down. “Thank you.” He looked down at his docket. “We are back on the record in the file 23-MD-15-2258, State of Missouri versus Cecil Bates. May I have the attorneys note their appearances for the record?”
The prosecutor stood. “Cynthia Curtis on behalf of the State.” Then she sat down. Her thunder and confidence were gone.
Then I stood. “Your honor, I am Justin Glass on behalf of my client, Cecil Bates, who is present and seated to my left.”
As I sat down, Judge Polansky turned to the jury. “You are probably wondering what is going on.” He smiled, hoping to soften them a little before they got the news. “We’ve had an evidentiary issue come up this morning, and that was the reason for the delay. I truly apologize for the inconvenience.” He paused, weighing his words. “While you were all waiting patiently, the attorneys and I were hard at work. The attorneys also had time to discuss this matter in greater detail among themselves, and they have reached a resolution. Therefore, your service on this jury is no longer necessary, and you are excused.”
The jurors looked confused. Although many may not have wanted to serve on a jury, once they were sworn and the trial began, they had become invested in the process. Their sudden dismissal didn’t feel right.
“Again,” Judge Polansky said, “I do appreciate your time and consideration, but your service is no longer necessary. I ask that we rise for the jury as they exit the courtroom. You may all gather your things from the jury deliberation room and go back home or to work, however you wish to spend the rest of the day.”
Judge Polansky then stood, and we followed his lead.
The jurors also stood and exited the courtroom. Once they’d gone and his law clerk indicated that it was appropriate for the court to proceed, Judge Polansky sat back down. “Ms. Curtis, you have something to put on the record.”
“Yes, Your Honor.” Cynthia Curtis looked at Cecil Bates for a moment, then back at the judge. “In light of the disclosure this morning, the State is withdrawing its criminal complaint against Mr. Bates.”
“And you understand that”—Judge Polansky leaned in—“since we have picked a jury and started trial, that double jeopardy has attached and that the State may no longer pursue any charges against Mr. Bates for the alleged crimes on this date?”
“Yes, Your Honor, although I don’t expect that we’ve seen the last of Mr. Bates.”
The judge let the comment slide. He turned to me. “And, Mr. Glass, any other thoughts?”
“No, Your Honor. I’m glad to see that Ms. Curtis changed her mind, and I appreciate the court’s guidance as we worked through the various issues prior to court this morning.”
“Justice is done.” Judge Polansky smiled.
Sometimes, I thought. Sometimes.
CHAPTER FORTY-SIX
The Children’s Defense League fund-raiser started at five thirty with a silent auction, followed by dinner at six thirty and the speech at seven o’clock. I ran late, as usual. My mother, Sammy, and the Judge had been thoroughly enjoying my recap of all that had transpired with Cecil Bates after our visit to Carl’s Drive-In, and I didn’t want the good times to end. Sammy had particularly enjoyed my impression of the prosecutor’s refusal to even look at the evidence.
I was following it up with my rendition of the prosecutor’s final tortured decision to pull the plug on her dying case when I glanced at my watch. I realized that the fund-raiser had already started, and, to make matters worse, it wasn’t until I was halfway to the downtown Crowne Plaza that I figured out the ticket was still in my office.
I signaled and looped back on Thirteenth to North Florissant, then I found a spot to park and hustled inside my office. Emma had left the ticket in an envelope right in the middle of my desk. I swept it up and left in a matter of seconds, but as I was locking the front door, I noticed that lights in the Northside Roastery were still on. Usually they didn’t stay open past five. There wasn’t the business to justify staying open late.
My curiosity piqued, I walked down the block to make sure everything was OK.
Looking in the window, I saw Hermes on his knees. He had a wrench in one hand and a sheet of instructions in the other. Around him was a collection of metal parts, screws, and pieces of some type of equipment.
I tapped on the window to get his attention.
Hermes turned, saw me, and smiled. He got up, came to the door, and welcomed me inside.
“What are you working on?”
“Oh . . .” He looked at the instructions in his hand and then at the pile of parts on the floor. “New refrigeration unit, hopefully.”
“Gonna stay late?”
Hermes nodded. “Need to get this done. Nikolas also here, too, so I not want to leave him alone.”
“In the back?” I looked past Hermes to the opening leading to the storage area and the little office where Nikolas had a desk and multiple computer screens surrounded by a mess of wires and hard drives. “Mind if I go back there and say hello?”
Hermes shrugged. “No problems to me. Emma say you had a big day in court.”
“Absolutely.” I wished Hermes luck in assembling his refrigerator and then walked through the curtain to the back of the shop. At this point, I knew I was going to be late to the fund-raising dinner, regardless. A few more minutes wasn’t going to change that, and something had been nagging at me since I first heard about the security video footage and Emma’s insistence that it was fine.
I knew the video wasn’t fake. It was time-stamped and everything. The letter that had accompanied the disc and the envelope that held them were real, too, but something about the process was off. Maybe Nikolas would tell me, now that the trial was over.
He had his back to me, whacking away on a keyboard. I knocked on the door frame. “I know I’ve already asked, but now do you want to tell me how you did it?”
He turned around. “Excuse me?”
I stepped farther into his little office. “How you did it?” I asked again. “I’m not going to be mad. It’s done. I’m just curious about how you made it happen.”
Nikolas grunted and shook his head. “Emma warned me about you.” He waved me away. “She says you’re smarter than you let on. Pretending to be a regular guy, but not regular guy.”
There wasn’t an empty chair, so I crouched down to put us at the same level. “I know you did something, but I want to know how. Why not tell me?”
“Don’t know what you are talking about.” Nikolas held his hands out wide, feigning innocence. “I’m but a humble computer salesman. Give you good deal on eBay.”
“I don’t believe that for a second, and I’m not leaving until you tell me.” I stood, leaned against the wall, and crossed my arms.
Nikolas tried to go back to work but couldn’t concentrate. “You gonna be there all night?”