He opened a file folder. Pulled out two stapled documents. “Your Honor, to substantiate our claims, I submit witness statements from two individuals who have been endorsed as witnesses by the State. The first is the statement of Nova Jones, whose name appears in the charge against my client. And the second statement was taken from her mother, Starla Jones.”
Lindquist took a step toward the bench. “Those statements are not sworn, Judge. Not taken under oath. And Mr. Meyers didn’t ask our permission to speak with the clients. He didn’t even let us know he’d contacted them. We should have had the opportunity to be present.”
She was speaking out of turn. I ignored her. “Mr. Meyers, what did the witnesses tell you regarding compensation?”
“They said they were receiving donations. Food deliveries on a regular basis. Clothing donations. Even cash. To cover rent and sundry expenses.”
That was a serious allegation. The DA’s office couldn’t provide its witnesses with cash support. If the claim was true, the prosecution had to answer for it.
I turned directly to the DA. “Mr. Reeves?”
Before the DA could reply, Benjamin Meyers stepped right up to the bench. “Judge, one more thing. The DA failed to disclose this. Neither Reeves nor Lindquist revealed this crucial information to the defense. That’s a Brady violation, Judge!”
Damn.
It was getting deeper and deeper. The Brady rule requires the prosecution to disclose evidence favorable to the defendant’s case. If the State suppresses exculpatory information, it’s a violation of due process. Could be a basis for throwing out the whole damn case.
Reeves was on his feet. “We didn’t know!”
Eleanor Lindquist echoed the words as she joined Benjamin Meyers in front of the bench. “We didn’t know, Judge! Neither the DA’s office nor mine had any idea that this was going on. After we received the defendant’s motion, we looked into it. And apparently the Victory Baptist Church has been providing some assistance to Starla and her children. As part of the mission of the church. We had no part in it, Judge.”
Reeves stepped up. “Judge, we asked Reverend Erskine to be present today, in case we need his testimony. He’ll back us up, I assure you.”
Lindquist said, “He’s waiting just outside the courtroom, Judge.”
Well, shit.Erskine.I was in no mood for that. Lindquist marched down the aisle to the courtroom entrance. Prepared to prove it, I expect.
The DA said, “And Starla and Nova Jones are waiting in my office. We can put them on the stand. They’ll testify under oath that we have not provided any compensation whatsoever.”
The AAG opened the courtroom door, and Erskine entered. Wearing his full pastoral regalia: the black suit, white clerical collar.
“He’s prepared to testify, Judge,” Lindquist said.
I looked to Benjamin Meyers. “Well? It’s your motion.”
Meyers walked back to the counsel table. Bent down to confer with Dr. Gaines.
That’s when Pastor began to volunteer information. “Judge Stone, I apologize if my parishioners have caused any trouble in this court case. I assure you, that was not our intent. We were just trying to do the Lord’s work. Looking out for the fatherless children.”
I took a breath. Because I intended to cut the man off, shut him up.
He was too quick for me.
“Your Honor! We’re humble Christians at Victory Baptist, we don’t know all the twists and turns of the laws of the government. My parishioners just had one aim. They were trying to provide charity to a single mother. ‘For now abideth faith, hope and charity, these three. But the greatest of these is charity.’ That’s the King James Version.”
Jesus.I frowned down at Benjamin Meyers. Was he gonna make me do his job?
Apparently not. Meyers shot a look at Erskine, said, “Your Honor, defense objects and asks that this man’s statements be removed from the record. This witness hasn’t been sworn.”
The sound of Erskine’s laughter bounded off the courtroomwalls. “This man doesn’t know me, Judge. I don’t need to take an oath in order to speak the truth.”
I did not intend to lose control of the courtroom. I’d be damned if I’d let Erskine drag his pulpit up to my bench. “Sustained. Reverend Erskine, if you wish to remain in court, you’ll need to be seated. And you’ll hush your mouth. Unless—does the prosecution intend to put the pastor on the stand in this hearing?”
The pastor did not sit his ass down. Erskine’s voice boomed, drowning mine out. “Judge! I can fix this problem. My church made it, it’s my responsibility to correct it.” He gazed around the courtroom, staring at Dr. Gaines before turning back to me. “If Victory Baptist has offended the law by providing food and clothing and rent money to the Jones family, we’ll cut it off. Immediately.”
Well, shit.
It made me sick. I was forcibly reminded of the passel of small children eating breakfast on my farm. Starla Jones had so many, I couldn’t keep all the names straight.
