Elisabetta knew how Judge Cummins was going to rule long before Detective Bryan Nill was done testifying. She had been before him enough times to distinguish his scowls from his pouts, and interpret the meaning of a raised eyebrow or a shake of the head. Once she saw it coming, she’d tried to head him off at the pass, even questioning Nill about the murders of Foss, Kruger, and Jane Doe, but Hartwick started to flip out because Poole hadn’t been charged with those yet and Judge Cummins wasn’t having it.
She bit the inside of her lip as her stomach churned the four cups of coffee she’d had that morning since getting up at five. Unlike some other judges in the courthouse who loved to see their cases and faces make the news, Delmore Cummins obviously did not. The cameras had really set him off. He was a retired judge who could no longer be voted off the bench, and he was too old in general to care what the masses thought, or have his rulings be influenced by public opinion. He was also cranky and passive-aggressive enough to do the precise opposite of what the people wanted or expected, just so he could show who was in control of his courtroom. When he began to lay a record, explaining the meaning of ‘proof evident and presumption great’, she knew it was over. Her reaction was being carefully watched, and it was important that she maintain her composure, no matter what he said. She wasn’t used to not getting what she wanted, and she wasn’t expecting it on this case. Especially on this case.
‘The burden of proof that the state is required to show here today to hold the defendant without bond is a high one – higher even than reasonable doubt,’ the judge began. ‘Proof of the defendant’s guilt must be evident and the presumption of his guilt must be great because the state is seeking to incarcerate him before he has been convicted of any crime. Incarceration before trial flies in the face of the most basic legal principle there is – that a man is presumed innocent until his guilt is proven beyond, and to the exclusion of, every reasonable doubt.
‘Now, on to the evidence.’ The judge slid his fingers up underneath his thick glasses and rubbed his eyes before continuing. ‘The evidence, including the identification of Mr Poole by both Faith and Maggie Saunders, as testified to by Detective Nill, is compelling. However, the court is troubled by the two-week long delay that occurred in the reporting of the incident to the police, and the reasons for that delay. The court recognizes that one witness is a child, and that neither witness is here today, so a jury might very well access their credibility and their reasons for waiting so long to contact the police differently than this court. But looking at the evidence in the light most favorable to the defendant, this court cannot avoid considering that what was actually witnessed was not as sinister as the state wants to paint it today.
‘The hair and fiber evidence found in the defendant’s car is also compelling. But, unfortunately, that is the only physical evidence the state has to link their victim directly to Mr Poole. The Yankee hat, which can be linked to the crime scene by a witness, was found in the defendant’s possession, but does not have his DNA on it. The individual whose DNA is on that hat has yet to be located. As far as this court is concerned, Mr Poole could well have found that hat on the side of the road and brought it back home to add to his memorabilia collection. And, finally, while the state would very much like this court to consider …’ He paused for a few seconds, looking around at the cameras with a challenging stare. ‘… that the defendant is a suspect in other murders that might have taken place in that shack, the defendant has not yet been charged with those murders and the court can not consider them as evidence in this case. In fact, as the defendant has not been charged, the court has no other choice but to consider the obvious: that another person may be responsible for those homicides. Especially troubling is the disappearance of murder victim, Noelle Langtry, which occurred, as the detective admitted, while Mr Poole was under surveillance. That, in and of itself, lends credence to the defense’s argument that another killer is responsible.
‘Now the state may very well have enough to meet its burden at trial, but it did not meet its burden here today. The court, in recognizing the seriousness of these charges and the risk of flight that accompanies them, especially seeing as the state has indicated that this might well be a death penalty case, is setting bond at two hundred and fifty thousand dollars. The defendant is to forfeit his passport and is to have no contact with the witnesses.’
‘Your Honor,’ Elisabetta tried. This was beyond bad. She’d had Cummins grant bonds after an Arthur before, but not on a case like this. Not on a case where she’d invited the world in to watch.
Judge Cummins waved her off. ‘The time for argument is over, Ms Romolo. And a cautionary word to both counsel for the state and the defense, since I don’t know who exactly is responsible for this,’ he said, gesturing around the courtroom. But his eyes remained locked on her. ‘This court won’t be a conduit for someone’s fifteen minutes. This is not some reality show, people. No matter how many cameras are dragged into this courtroom, I won’t be influenced by them, so don’t try my patience again. Understood?’
Before Elisabetta could answer, he had the clerk call up the next case while she was still standing there at the state’s podium, her case file in hand, holding back angry tears as the cameras continued to roll and the next prosecutor came up to replace her.