Shad and Judge Elder are waiting when we arrive in Shad’s conference room. As we take our seats around the table, I find myself thinking about Joe Elder being the son of Claude Devereux, and how impossible that seems. It must seem even stranger to him. Does he hate Devereux the way Lincoln hates my father? If Quentin’s assessment can be trusted, he does.
“Gentlemen,” the judge begins, “what happened today was not only a violation of the sanctity of my courtroom, but of the American judicial system. Agent Kaiser has determined that this poisoned needle contraption was triggered by someone in the courtroom using a radio detonator. I’m hopeful that the FBI and ATF will identify the killer in a very short time, and that you, Mr. Johnson, will seek the death penalty for him.” Elder nods at Kaiser. “I’m sure there will be federal charges as well, but I want whoever killed that witness to spend his last living hours in Mississippi.”
“Absolutely, Your Honor,” Shad says unctuously.
Our DA has periodically made noises about being against the death penalty, but never with much conviction, and whatever principle he may have believed he had, he throws to the wind before the judge’s anger.
“What about this trial, Your Honor?” Quentin asks.
Joe Elder gives Quentin a penetrating stare. “Are you hoping for a mistrial, Mr. Avery?”
“Never entered my mind, Your Honor.”
Shad looks at Quentin with ill-concealed shock.
“I’m surprised, Mr. Avery,” Judge Elder says in his bass voice. “And gratified. For it is my intention to continue this trial.”
“When?” Shad interjects.
“Tomorrow, if possible, Mr. Johnson.”
“What about security?” Quentin asks.
“We have ATF bomb techs searching the courthouse now, and more on the way. They’ll have the building secured well before midnight. Federal agents will search and clear City Hall as well. The jail has just been designated a secure area, so Dr. Cage can be returned there.”
“Judge,” I cut in, “I’m still concerned about my father’s safety.”
“Your father will still be held in his own private cell,” Judge Elder assures me. “I’m well aware of the danger, Mayor Cage. I’ve also made the sheriff aware that I am aware.”
“Thank you, Judge.”
“What about the death of my star witness?” Quentin asks.
Judge Elder’s lips draw tight before he speaks. “That was a regrettable tragedy, Mr. Avery. I suspect Mr. Devine’s murder dealt a serious blow to your case. However, unless you can bring Mr. Devine back from the grave, there’s nothing to be done. Not unless you want to move for a mistrial.”
“I’ve resurrected a few dead cases in my time,” Quentin says, “but never a dead man.”
The hint of a smile touches Judge Elder’s lips. “You’re being modest. I know of two men, at least, who were within hours of execution when you saved them from the gas chamber.”
“In my prime,” Quentin says wearily, but not without pride. “But I’m willing to continue in this case, in spite of Mr. Devine’s murder. As I’ve told the mayor several times during this trial: I don’t want a mistrial, I want a fair trial.”
Judge Elder sits up straight and smiles with relief. “Excellent. And I’m going to do everything within my power to ensure that your client gets that.”
A little late, isn’t it? I want to say, but I stifle myself.
“Now,” Judge Elder says, “let’s discuss the matter of these videotapes.”
Quentin settles into watchful stillness in his wheelchair.
“This opportunity to restore this type of media is unprecedented in my experience, and I want us all to be on the same page. Mr. Kaiser?”
“It’s unprecedented in my experience as well, Judge. We’re talking about highly classified technology.”
Joe Elder cocks his head to the side. “That certainly begs the question of why the FBI is willing to rush a forensic process on a tape for a state murder case.”
Kaiser clears his throat. “I think it’s because this case has connections to civil rights murders involving the Double Eagle group, both past and present. Depending on what those erased tapes contain, they could have direct bearing on major federal cases. Obviously, we were involved in the plea negotiations that allowed Will Devine to testify today—or to attempt to. After his murder, my superiors instructed me to speak to the district attorney about getting those tapes to our crime lab for special processing. When I did, Mr. Johnson made a good guess about my intentions. Then he made some calls to an old Harvard classmate, and now we find ourselves here.”
“That’s interesting,” says Judge Elder. “But we’re pretty late in these proceedings. Is it remotely possible that these tapes could be processed and restored in a reasonable time frame?”
“Your Honor, I’m told that it might be,” Shad answers.
Elder’s eyes move from Shad to Kaiser. “Agent Kaiser?”
“I’ve been informed that we can transport the tapes on a Bureau plane. My agents can maintain an airtight chain of custody.”
A sort of hiccup escapes Quentin’s throat, but to his credit he’s wise enough not to object to the proposed restoration of the tapes.
“Mr. Avery?” says Judge Elder, turning to Quentin. “What’s your feeling about this?”
“We’re open to anything that can shed more light on the events in Mrs. Turner’s house on the night of her death.”
The judge’s gaze lingers on Quentin’s face. “Well, then. Agent Kaiser, make it so.”
“Yes, Your Honor.”
Shad freezes for a second, then tries to look natural. “Judge, we may have a small problem with that arrangement.”
“What problem could that be, Mr. Johnson? Do you not trust the FBI?”
“It’s not me, Your Honor,” Shad says quickly. “I have the highest respect for the Bureau. But I suspect that Sheriff Byrd might be reluctant to simply hand over the tapes to Agent Kaiser.”
“Why would that be?”
“He feels that Agent Kaiser has been shielding Dr. Cage from the beginning. Also Mr. Garrity, to a certain extent. The sheriff raised the question of why Agent Kaiser didn’t offer to restore the tapes when we learned that the manufacturer couldn’t do it.”
“Is that so?” Judge Elder appears amused by this. “Well, I’ll sign a judicial order compelling the sheriff to turn over the tapes to Mr. Kaiser, so that he can sleep tonight without that dilemma weighing on him.”
Shad takes his medicine with humility. “Thank you, Your Honor. I’m sure that won’t be necessary.”
Elder gives him a wry smile. “Outstanding. If there’s nothing else, I’ll see you all at nine a.m. With a little luck, we can give this case to the jury tomorrow.”
“Ah, one more thing, Your Honor,” Shad says quickly, emboldened by his success with the tape restoration gambit. “During his opening remarks, Mr. Avery promised the jury that Dr. Cage would take the stand. Should we look forward to seeing that happen tomorrow?”
Joe Elder looks as curious about this prospect as Shad. He inclines his head toward Quentin and raises one eyebrow.
“Given today’s events, Your Honor,” Quentin says, “we haven’t made a final decision on that yet.”
Elder’s eyes twinkle. “A little suspense, Mr. Johnson. I guess we’ll both find out tomorrow.”
Shad nods slowly. “Your Honor, with all due respect, I have some concerns about scheduling going forward.”