Those were the magic words.
I said, “Defendant’s motion is sustained. The State’s evidence was insufficient to support a conviction. We will dispense with closing arguments. I’m not submitting the case to the jury. I hereby find the defendant not guilty.”
I swiveled the chair to face the jury. “Ladies and gentlemen, I want to thank you for your time and attention today. It will not be necessary for you to retire to the jury room for deliberation.”
I’d hoped to get the jury free before the DA came out swinging. Wasn’t going to happen.
Reeves barely made it back to the counsel table before he got mouthy. “I object! What’s going on here? I have the right to a jury verdict!”
He most certainly did not. Furthermore, Reeves knew better. Under the Rules of Criminal Procedure, I had the power to throw the case out with a judgment of acquittal before it reached the jury. “Mr. Reeves, don’t be ridiculous.”
“I made a submissible case.” He actually pounded on the wooden counsel table with his fist. “I provided evidence from an independent third party licensed in Alabama. The engineer’s testimony proved up the allegations of the criminal complaint.”
I frowned down on him from my seat at the bench. “Where was the proof of criminal intent? You should be thanking me, Mr. DA. The State of Alabama got their butt kicked by the DOJ for doing exactly what you’re trying to do. And you think you have the power to defy the United States Justice Department, with an action down here at the county level? You’re familiar with the Supremacy Clause, right? I just saved you from some excruciating embarrassment.”
“Yeah, here we go. Because it’s always about you, isn’t it, Judge Stone?” Reeves was pale as death. I recognized his expression; it was one he’d displayed from time to time over the years. I anticipated that he would launch an attack on me without weighing the consequences.
He went on. “Every case has to be decided on the basis of your life, your personal history, the way it makes you feel. And you just take over the courtroom. You’re the defense attorney, the judge, and the jury, right? Well, I’m still the prosecutor in this district, and I’m sick of this game.”
I was shaking with anger. I had to tuck my hands inside the sleeves of my robe so that he wouldn’t see it. “One more word, Mr. Reeves. Just one more word. And I’ll hold you in contempt.”
I settled back in my seat, waiting to see which way it would go. He wanted to back-talk me, that was obvious. Reeves struggled to swallow it. Looked like he was going to lose the battle.
I gave him some incentive. Said to the bailiff, “Ross, when I say the word, you’ll escort Mr. Reeves to the county jail.”
That extinguished the DA’s fire. Reeves dropped back into his chair. He kept his mouth shut while I dismissed the jury. But I could feel the heat of his fury as I left the bench and went into chambers.
CHAPTER
14
That raw sewage misdemeanor flat wore me out. My mind was troubled. Though I had saved Fergus Pitt from criminal consequences, the inequity of this situation hadn’t changed. That trench of raw sewage still sat in his pasture. It was a weighty problem—one I couldn’t solve.
I trudged into chambers, wrestling with the zipper on my robe. Needed to get the heavy garment off my shoulders.
My clerk followed me into chambers. Luna said, “Judge, something’s happened. You need to know about it.”
The zipper had caught in the fabric of the seam. I tugged at it but couldn’t work it free. “Damn! I’m stuck.”
Luna stepped up, nimbly fixed the zipper without ripping a hole in the robe—which I was likely to do. I’d torn it before, in a fit of impatience.
“Luna, thank you—you saved me again. Is there anything you can’t do?” I shrugged off the robe and hung it on the coatrack that stood in the corner.
When I turned back around, I was shocked to see that her mouth was trembling. She looked like she was about to cry.
“Luna, what’s the matter? Is it your daddy?”
Her father was battling lymphoma, and his condition was grave.
She shook her head. “Something terrible has happened to our doctor.”
Luna croaked the words out in a whisper. I didn’t follow her meaning, didn’t know who she was referring to, until she added, “She’s been arrested.”
Well. That cleared it up. Union Springs had only one female doctor. Bria Gaines, who ran a family clinic.
“What on earth?” I asked. I didn’t know the woman well. She was new to town, much younger than I was. And I wasn’t her patient. But it was a shock, nonetheless. I would’ve bet cash money on Bria Gaines being an upstanding, law-abiding citizen. “What did she do? Run a stop sign?”
“Abortion,” Luna whispered. “She performed an abortion.”
