Like Euclid had hoped, Judge Horton was souring slightly at Caldas’s aggressive demeanor. Being an overly zealous advocate worked in mostcourtrooms, but not this one. To Caldas’s credit, she seemed to sense the change of Judge Horton’s demeanor.
“Very well, but if we cannot agree on the scope, I would ask that the court revisit this issue,” Caldas said, suddenly warm again, but the tightness of her jaw gave away her true feelings.
Judge Horton nodded. “Let’s move on. After reading your pleadings, I am inclined to deny the motion for a gag order.” He shot Caldas a somber look. “You may make an argument, Ms. Caldas, if you’d like.”
The last sentence was tinged with warning. Caldas’s non-collaborative approach had irritated him. Euclid pretended to stack papers to the side of the table, turning her body in order to see Adewale’s reaction. She could see her mouth turned up slightly at the edges in the faintest of smiles from where she watched in the back of the courtroom. If Euclid won the change-of-venue motion, she would be in the green.Betterthan in the green.
“Your Honor,” Caldas said, “as is documented in the exhibits I submitted, the press is frothing at the mouth with this case. The viral video taken of Castillo’s dismembered remains have been shared everywhere. The pretrial publicity for this case is off the charts and will greatly prejudice Margie Brooksfield if the gag order is not granted.”
Judge Horton’s brows drew together.
“But—” Caldas added hastily. “I defer to the court’s decision.”
“Thank you. I am denying the motion for the gag order. Lastly, I will be delaying the motion for dismissal for violation of due process until discovery is done.”
Caldas took a deep breath. “Very well, Your Honor. I submit to the court’s decision on those motions. However, I would like to be heard on the motion for change of venue.”
Euclid tensed. This was the key point: Theyhadto keep the case in Eagle County. She watched as Adewale leaned forward, intently watching the proceeding.
“You may proceed with your argument, Ms. Caldas.”
“Your Honor, Eagle County is not an appropriate venue for my client. For one, the local media hascompletelyrailroaded Mrs. Brooksfield. If you would take a look at exhibit A—”
Caldas pulled up a photograph of protesters outside of the BrooksfieldRanch holding up signs that saidLOCK HER UPandFRAUDSTER. Euclid’s mouth pulled down in a frown as she readBITCH JEZEBELwith a picture of Mrs. Brooksfield that looked like it had been pulled from her LinkedIn profile.
“It will be impossible to ensure an impartial jury pool if selected from Eagle County.” Caldas clicked to the next slide, which was an exhibit of the front-page story from theEagle County News. A sensationalized headline,MARGIE BROOKSFIELD: MURDERESS AND FRAUDSTER OR GOOD CATHOLIC?was splashed across the top, accompanied by an unflattering black-and-white photo of Brooksfield in handcuffs exiting a black SUV.
“The media coverage is inflammatory and widespread andcertainlywould prejudice my client. Just take a look at this photo—is the media trying to portray an innocent person here? Furthermore, there is a leak from either CBI or the sheriff’s office that released my client’s name as a suspect evenbeforeher arrest. The incompetence and mismanagement by Agent Cash and Sheriff Colcord is overwhelming.”
Caldas continued, pulling up the various news stories that had run about Margie Brooksfield on the pull-down screen to show the court. The exhibits painted a narrative that was sometimes inaccurate and sometimes provocative. Sensationalistic and shocking headlines meant to grab attention rather than report facts flashed across the screen. Caldas pulled one up that was clearly from theNational Enquirer.
At that point, Euclid realized Caldas had made a serious misstep. “Excuse me, Your Honor, but it looks like this exhibit has cropped out the name of the newspaper it comes from.”
Caldas scrolled up to reveal theNational Enquirerbanner.
“I hardly need point out,” Euclid said, “that theNational Enquireris not a local Eagle County source.”
Judge Horton’s lips thinned in disapproval. “Noted,” he said.
Nevertheless, Caldas forged ahead, showing a parade of more news stories featuring Brooksfield before ending her argument.
“Defense counsel has made its point,” said the judge. “Ms. Euclid, your counterargument?”
“Thank you.” Euclid swallowed, standing. She could feel Adewale’s eyes on her, and she needed a win after the disastrous arrest.
“Your Honor, the defense has the burden to prove three elements.One, that the publicity is widespread. I think we can all agree that the publicity is, indeed, widespread.”
Caldas raised her eyebrows in surprise from her seat at the defense table and leaned over to whisper with Brooksfield.
“The second element, that at least some of the publicity is inaccurate and inflammatory, is also met, as I’m sure you can tell from Ms. Caldas’s exhibits.”
“Counsel, no need to make defense’s argument for her.” Judge Horton gave a low chuckle.
“I appreciate the concern, Your Honor.” Euclid smiled. “However, the third element is where Ms. Caldas fails to meet her burden of proof.
Ms. Caldas must thirdly prove that the pretrial publicity has caused widespread belief of the defendant’s guilt within the potential jury pool in Eagle County. This element has certainly not been met. Quite the opposite, actually. The news stories surrounding the Brooksfield case are overwhelmingly in her favor. Furthermore, as defense counsel proved with theNational Enquirerexhibit, the news stories being read by potential jurors are so widespread that a change of venue would not resolve the alleged prejudice that Ms. Caldas claims her client will suffer. Lastly, it is believed that Javi Castillo’s murder occurred in Eagle County. The witnesses are located here, and so is the evidence.”
Judge Horton nodded. “Thank you, Counsel.” He turned to Caldas, and Euclid held her breath in anticipation. “While I appreciate your arguments, I do not feel as if a change of venue would properly address any prejudice felt by the defense—”
