Witness for the Defense Read Online Free Page B

just that I thought I smelled something like cough medicine on your breath. And I noticed during the preliminary hearing that you were having a difficult time staying awake. Maybe you’re taking some kind of cold medication, and it’s making you a little sleepy?”
    Kellogg looked at his bailiff, who was standing in front of the closed door. Both were speechless.
    “I totally understand how that could affect your ability to pay attention,” I continued.
    Lipton sneered. “That’s chicken shit.” he mouthed, out of the judge’s view. But Kellogg wouldn’t have noticed, anyway. You could almost see the wheels turning in that pickled brain of his. I felt bad, but I was tired of letting him get away with his drunken rulings day after day.
    “I wouldn’t go any further,” the judge finally said.
    “You’re right,” I said confidently. I saw an opening and I wasn’t going to back down. “I believe we should all go back, and I will state my position in open court.”
    “About what?”
    “Just that I feel you’re in no position to rule. I believe, considering your current condition, it would be best if you disqualified yourself and sent us next door.” I wasn’t really very good at bluffing, but I knew that if he disqualified himself, he would have to do it in front of the several members of the press, who were hopefully still seated in the front row.
    Kellogg took a deep breath and leaned back in his chair. He then slowly turned and stared blankly out the window. He was either too upset or too embarrassed to look either of us in the eye. “Let me ask you, Mr. Lipton,” he finally said as he massaged his forehead with his hand. “Do you have any indication that this Cappell woman has ever done anything out of line to one of her pupils?”
    “Well, n-no,” Lipton stuttered.
    Kellogg nodded, considering it.
    “I believe what Dobbs is doing here amounts to blackmail,” Lipton interjected.
    “I resent that,” I said. “If I feel a judge is suffering from some physical malady, such as the ingestion of too much medication and it interferes with his ability to make a sound judgment, then I have a duty to bring that to his attention.”
    For a moment everyone was silent. I stared at Lipton, who was shaking his head in disbelief. He knew I wouldn’t have a problem establishing Kellogg’s sobriety, or the lack thereof, at a formal hearing.
    “Come on, Richard,” I continued. “We’re talking about a young woman who may have had consensual sex with a seventeen-year-old boy, who is probably bragging to his friends about it this very second.”
    Kellogg was still staring out the window.
    “How about ten thousand bail and no restraining orders?” I asked Lipton.
    Suddenly, Kellogg was completely out of the loop. The D.A. Lipton and I would work this out between the two of us. Thinking about it, $10,000 was a good deal. I didn’t want to press for the OR. Reduced bail would be a victory. My client’s mother was already at the bondsman prepared to bail her out at $50,000.
    “I guess that will work,” Lipton said grudgingly. “But I won’t forget this, Dobbs.”
    “Your Honor,” I said, “we have both agreed that ten thousand would be fair.”
    Kellogg had the look of someone who had just been defeated.
    “Fine,” he said, buttoning his robe, “let’s go take care of it.”
    I stood to leave when it occurred to me.
    “Before we do,” I said, “there is one other matter I would like to bring to the court’s attention.”
    I was pushing it now.
    “What is it?” Kellogg sighed.
    “There is a young man in custody. He is seated next to my client at the end of the jury box.”
    “What about him?” Kellogg asked.
    “His name is Bobby Miles.”
    “He’s Shelby’s client,” Lipton said, referring to another public defender.
    “He probably is,” I said. “And I expect Mr. Shelby to be out there any minute, but in the meantime I would like for the court to consider an OR for him.”
    “What