Refusal to Recuse

BAIL HEARING FOR AUSTIN WORTHY, A FEW DAYS LATER!

Olivia stood in front of a Judge , She and Beverly were very familliar with...A Judge they had tried at least two cases under...Judge Juanita Drinkwater...now the wife of Attorney Herbert Drinkwater , who had been second chair on one of those cases....

Attorney Austin Worthy had hired us to defend him on Murder charges...He was charged with killing Joanie Hammer, the estranged or ex wife of Assistant District Attorney Brad Hammer, with whom he had been having a torrid sexual relationship for close to a year..

 Beverly ,Nelson, Josie and I stood with him...

 ''Don't Worry Austin...We got this...We know that Judge...She's our friend.." whispered Beverly to Austin..

 "I heard she just had a second baby recently...Herbie is puttin his thing down." whispered Nelson to me..

 "Men!" said Josie ,who overheard Nelson and laughed, shaking her head...

I just smiled...

ADA Hammer was actually making the argument that he should not be granted bail because he is under indictment for murder and there for a flight risk...

"Your Honor....Mr. Worthy is one of the most well known Attorney's in this city...."said Olivia..

"Next to yourself and your niece of course." said Judge Drinkwater with a smile..

This was met by laughter from everyone...

"Yes and he is an attorney ,an officer of the court with no blemishes on his record...He is not a flight risk..."said Olivia...

"I beg to differ your honor....This man , THIS MAN....has a speed boat , has airline tickets at the ready...He travels back and forth to Las Vegas and California...He has unlimited finances at his disposal...He is indicted for a brutal murder of which there is so much evidence against him I'm surprised that Mrs. Bennett-Alexander isn't trying to make some kind of deal.." argued ADA Hammer..

''He's pretty passionate about this...I'd almost gather to say this is personal.."I whispered to Beverly..

"You noticed that too...The victim is his ex-wife...The accused is a man he personally dislikes...He shouldn't be trying this case..I 've never liked him...I remember him from when I was a public defender.."said Beverly...

 "Yeah, I remember him too...I never liked him either...And you're right...He shouldn't be trying this case....He's too close to it.." added Nelson.

"Plus he might be called as a witness." added Josie..

Nelson smiled and hugged Josie..

''Bev, we got us the makings of a great Attorney here.." he smiled..

Beverly smiled..

''Don't we now?"she said..

"EXCUSSSSSSSSE ME!  Mrs. West...Do you or Mr. East have anything you'd like to add?..I see you're whispering and talking.."snarled ADA Hammer..

Beverly didn't like being talked to like she was a child in grade school and she let him have it..

"Well since you asked...I do...You have no business trying to prosecute this case!!!...You should recuse yourself.You're too personally close to it.." she said..

ADA Hammer was incredulous.....

''WHAT?"he snarled...

You could see the love and pride Olivia had for her niece...She smiled...

"She's right!!!...The murder victim, Joanie Hammer is your recently divorced spouse....She had a restraining order, SEVEN to be exact ,against you...My client is someone you personally dislike...I have two eye witnesses...My Husband...

Mr. Donnie Ray Alexander, investigator and

Ms. Josie Boyd, our para legal who heard you having words with him about your wife at the end of the Carter Murder trial last month....

You are too personally invested in this to try this fairly...You should recuse yourself.."said Olivia..

"I-I- I WILL NOT!!" he snarled..

"They make a very very good point counselor...If the victim is your recently divorced spouse and it is a well known fact of your personal hatred for Mr. Worthy, even I knew that...before Mrs. West -East or Mrs. Bennett-Alexander brought it up...There is no way you should be prosecuting this case...I am not asking, but telling you to recuse yourself.." said Judge Drinkwater..

"Well I'll be damned...If this isn't some bullshit!!!  You're just siding with them because you're Black and you all know each other...I will be damned.!!I REFUSE TO RECUSE MYSELF!!" screamed ADA Hammer..

"I'm going to pretend I didn't hear that counselor and ask you to recuse yourself and to remove yourself from my courtroom. Another word and you'll be held in contempt.."said Judge Drinkwater...

"NOOOO!  I'VE GOT ANOTHER WORD TO SAY....I HOLD YOU IN CONTEMPT, YOUR HONOR...I HAVE NEVER LIKED YOU...SITTING UP THERE ALL HIGH AND MIGHTY MAKING A PROSECUTOR'S LIFE MISERABLE ,ALWAYS SIDING WITH THE DEFENSE..AND NOW YOU COME UP WITH THIS HORSE SHIT!!!-NO!...NO!...NO!...I REFUSE TO RECUSE MYSELF!" he screamed.. He was throwing a temper tantrum like a child... Everyone in the courtroom did a double take..

"You don't have a choice!!!...Okay bailiff ,lock him up!!!...YOU ARE IN CONTEMPT OF COURT!...Maybe four days in the cooler will teach you some respect and decorum counselor...Bailiff take ADA Hammer into custody... Oh and bail for Mr. Worthy is set at  $150K.  That will be all for today..." she said and banged her gavel...

A represenative of Austin's law firm quickly paid the bail and he walked out of court with us...

"Livy, you are an angel, you are the best!"said a happy Austin Worthy, glad to be free for the first time in four days...

"Thank my brilliant niecey poo over there for bringing up a point that had even slipped my mind momentarily.." said Olivia, hugging Beverly..

"He's a real piece of work." said Beverly..

"Heads up...Here he comes with the bailiffs..."I said..

Bailiffs were leading ADA Hammer out...

Austin, who ironically was now free couldn't help but get a dig in said..

''Well Brad...I hope the accomodations in federal lock up are to your liking...I hear the noon meal ,which you'll just be arriving just in time for is exquisive..The Feds give you much better food than the city jail does."he said, laughing..

He lunged at Austin as Bailiffs and Marshalls restrained him..

"YOU GO TO HELL AUSTIN, YOU GO TO HELL,YOU GO STRAIGHT TO HELL!!! YOU WON'T BE FREE LONG ASSHOLE,YOU'RE GOING TO GET A NEEDLE! GOTDAMNIT!!!" he screamed and stomped his foot as they put him in a police car and drove him to the federal holding cell..

"That guy could use some anger management.." said Nelson...

"I'll say.." said Josie...

Lt. Tragg was there....He walked up to us...

"You guys jump on any case...Any case that looks controversial....You like seeing yourself of Television,Don't you Liv?" he said..

 "I doooo."said Olivia, laughing...

"Funny, people say the same thing about you Lt. Tragg.."said Beverly..

I had to say, that got a laugh out of me...

Nelson laughed too!

As did Josie...

Lt. Tragg smiled..

"I'll make you a bet Liv...You get him off and I'll buy you dinner, all five of you guys.....Joint of your choice! He gets convicted,like I know he will and you'll buy me dinner.You five can chip in with the cost" he said, laughing..

"You're on!I like my steak like I like my men..Well Done.." said Olivia..

"Considering you were the arresting officer Artie...Olivia is gonna enjoy that meal..Hope your cops salary will allow for it."said Austin...

"I'm going to be there when they give you a needle.buddy...I'm going to make it my business..."said Lt. Tragg..

"You might as well take that day off to do something else...Like studying how to be a real detective you keystone copper." said Austin...

"Why youuuu!" said Lt. Tragg who went to slug Austin before Nelson and I stepped in..

"Come on now...There is no need for this..." said Nelson...

"Play nice guys..." I said..

"Definitely too much testosterone floating in the air.."said Josie..

"Josie girl, you aint never lied." said Beverly...

"Come on...I'll bet you're hungry, let's get out of here and get you some breakfast.."said Olivia.

"Great Idea."said Austin.




II-

We went to a stylish Bistro of Austin's choosing...

Nelson and I had French Toast

It was very good....

Olivia, Beverly, Josie and Austin had

Cheddar Omelets and we all had

Mimosas with our meal...

As we chowed down Olivia broke down the facts to Austin....

''Austin dear...I know you're no killer and I know you're not capable of the violence done to that woman.."she said..

''We saw the body in the morgue...Not my favorite thing and her face was beaten so badly it was hardly recognizable...Someone with a great deal of rage did that...I'm going to have nightmares about what we saw yesterday for a long time.."said Beverly...

"I'm telling you...I wouldn't have hurt Joanie...Why? she was my friend...We had just slept together 48 hours before she was found dead...What reason would I have to hurt her?'asked Austin...

"My friend at Auto Theft confirmed that you did report your car stolen a day before just like you said...

said Nelson...

"But that was your car man on the traffic cam racing from the scene of where we found the body..." I said...

"I talked to Hazel...The sandal found in your trash is a DNA match for Joanie Hammer and worse..

The gun they found under your mattress is a ballistics match for the murder weapon..."said Olivia..

"Okay,Okay..Now think about this guys...Does any of this make sense? I kill somebody.....I'm going to leave one of her sandals off and at my house?  In the trash ,where anybody, not just a cop, but anybody can plainly see it's a woman's sandle??  And the gun!!!  I'm going to keep that on me...I'm not going to toss it down the sewer or get rid of it...?? Come on...I'm not hot shot defense attorneys like you guys, but even I know about evidence...I'm not stupid...Come on..This whole thing smells Frame..."

''I agree!...It's too neat, too well wrapped up...But I do have a bit of good news for you...No fingerprints or DNA was found on the gun..No blood ,nor DNA belonging to Joanie Hammer was found in your condo at all...And surprisingly enough...No blood was found there either...Which means she was killed somewhere else...Just where...I don't know..Also your car...They found it...and no blood or DNA was found in your car either..Which means her body was brought there through other means..." I said..

"I talked to the M.E.  Dr. Hazel Baylor..

"She says the murder occurred between 3:30 and 4:30 that afternoon..."said Olivia..

"I couldn't have done it then because I was at home..

"Anybody see you?" asked Beverly...

"Yes...I was with a young lady...A young lady named Wanda Payton...I met her at a rooftop party for the Rapper, Time Bomb that I attended...He's one of my clients.."said Austin...

"Timebomb!!! For real??" said Josie.....

"I repped him too...In a criminal case a few months back."said Nelson...

"I know...I renegotiated his record deal..He had a rooftop party...I was there...I met this young lady...We really hit it off and we left and went back to my place shortly thereafter and was there for the next seven hours.."said Austin...

"Then Timebomb is your alibi....Did he know this girl?" asked Beverly.

''We left before Timebomb arrived.."said Austin...

"You mentioned this girl to me when we came to see you a few days ago....I can't find her....I interviewed everybody that you told me was at the party....Nobody seems to remember her...And she never lived where you said she told you she lived...It's almost as if she's a ghost.." I said.

"So all we have is your word that you were where you said you were during the murder."said Olivia.

"Consider this....Tragg and the police found the body around six thirty...He had a signed warrant and he busted in my condo around 7:45 pm....That's pretty damn fast....Especially for him...It's almost as if somebody pointed him in my direction...Wouldn't you think, Wouldn't you think the estranged husband would be the first suspect in something like this?" asked Austin...

"Austin you ought to be a lawyer..." joked Beverly, smiling at him...

"You make a good point...All arguments I plan to make.." said Olivia..

"Where do we start?" asked Nelson...

''At the most obvious place...ADA Brad Hammer.....The rage, the way he took this uber personally all makes me wonder about him.." I said..

"I told you he came to visit me in the jail...He stopped short of saying that he framed me...but he seemed to know a lot about the case...Stuff that hadn't been leaked to the press...Unless Lt. Tragg told him...They are friends you know.."said Austin..

"Nobody in the County Lock Up remembers ADA Hammer being there! His name isn't on the sign in  or sign out logs..."said Josie..

"Oh My God...The fix is in..."said Austin....

"It is...Plain as day...I've got to dig a little deeper I see..."I said.. I had my work cut out for me...It was good that Hammer was in jail for a few days...I could ask questions and dig a little deeper without interference...

''We've got to put you somewhere ,where you'll be safe..And you've got to stay out of sight for awhile.."said Olivia.

"Got anyplace in mind?" he asked..

"He could stay at my place...Kind of like an Air R&B situation...I could pack some things and stay with Nelson and Bev if they don't mind.."said Josie..

"You have to ask? You know you are always welcome Jo!."said Beverly ,who loved company and loved to entertain..

"Josie is just five blocks away from us...We'll stop by your place and pack a few things..and move you in...Do not call anybody unless necessary and tell nobody, where you are staying..I'll give you a burner phone..It's untraceable...You call us on that for whatever you need..Disabale your GPS on all of your devices."said Nelson..

''And don't be sniffing my panties."joked Josie..

Austin smiled raffishly..

"Ouuuuuuuuuuuuuuuuu,You read my mind girlfriend.." he said, smiling..

"So it's set, You'll stay at Josie's house and Josie will stay with Beverly and Nelson....Let's pay the bill and get out of here.." said Olivia..

III-

Nightfall came...We got Austin situated at Josie's house....

Josie packed a bag or two and stayed with us...

We relaxed and played several games of cards

until close to midnight...

Olivia and I walked up to our floor and prepared to turn in...

Olivia was wearing a purple neglige' so sheer ,I could see through it in the dark...

''Wowww!" I said..

"You like it, I see..." she said..

We kissed passionately in the dark....as I took my clothes off...Here we had this seemingly dead end case, that seemed like a slam dunk for the prosecution and me without a clue as to where to start....

"Ummmmmm someone is happy to see me tonight.." said Olivia...rubbing her hand up and down the crotch area of my trousers...

"I'm happy to see you any night."I responded..

"My goodness...it doesn't make any sense, you being this hard, this fast.." she remarked...

I lifted her up and pulled her towards me..

"Ouuuuuuuu!" she gasped...

I needed sex...I needed some relaxation to take my mind off of the circumstances of this damn case...Perhaps in the morning..I'd have a fresh perspective...

"Ouuuuuuuu....Ohhhh Donnie Ray,I love you soo much..." she said...as she continued to kiss me with wet,sloppy kisses and rub my now engorged penis..with her soft hands...

"I love you too babes..." I said...sucking gingerly on her sweet breasts...


"Ouuuuuuuuuuuuuuuuuuuuuu...ummmmmmmmmmmmmmmmm.." she cooed softly..

 I stretched her across the edge of the bed...

 I stared down into those gorgeous brown eyes of hers and I entered her slowly and gently..I wanted to savor this experience,  I entered her softly and gently and began to stroke her softly and slowly....She moaned and put her arms around my neck and drew me closer to her..She wrapped her legs around my waste and we began to move in a slow, yet deliberate rhythm for quite some time...She matched me thrust for thrust and began blowing softly into my ear....then she began kissing me, soft,short kisses...She was so soft...so moist and smelled so good...I was losing my mind slowly....while continuing to stroke her masterfully....This is what I had first loved about her...What I still loved about her...

We made sweet passionate and intense love for the next SIX TO SEVEN HOURS...I couldn't seem to get enough... She felt as though she was climaxing several times....then in a huge wave....I climaxed furiously and hard....not yelling , but shaking mightily.....then taking a deep breath and collapsing on top of Olivia....drenched in sweat....She looked up at me and gave me a juicy and wet kiss....I began kissing her again...After a few minutes I surprisingly felt myself getting hard again...and began to move slowly inside and out of her....I was amazed at how excited and engaged Olivia always seemed to keep me...
''OHH MY GODD..I CAN'T BELIEVE YOU...OUUUUUU. DON'T YOU EVER GET TIRED?"she moaned....

"Of Making love to you?  No...Never.." I said.

''Oh My goodness..I see....whoooooo." she said as I mounted her again and slowly began to enter her and stroke her gently...

Olivia began to shake and gyrate and tears began to stream down her face....

  ''Ohhhhh my Godddddddddddddddd, MISTAH ALEXANDARRRR...OUUUUUUUUUUU....oooHHHHHHHHHHHHH......Ouuuuuuuuuuuuuuuuuuuuuuu..." she moaned ..."Don't Stop...Don't Stoppppppppppp...please...don't stopppp." she moaned, which turned me on more...

Another TWO HOURS of sweet lovemaking followed...

It's sooooooooooooooo goooddd...Oh my godddddddddddddd it's soooooo gooood! "she moaned... 

She was so moist, so soft...I exploded like a gusher!!!! Olivia began to shake mightily....and then she sighed..

Olivia looked up at me...

"WOW!" she said.

"Yessssss." I moaned..."YESSSSSSSSSSSSSSSSSSSSSS" I yelled out as I exploded again.........

Olivia's laid her head on my chest and allowed her arms to hang alongside the bed...

''Ohhhh husband of mine,you are , you are incredible.." she moaned...

"That's what they tell me.." I laughed..

"Ohh hush up...Shame on you, making me cum so hard and soo much..." she laughed..

She sat up...Trying to catch her breath...

I lie on my back and smiled.....

"Stop looking so content.." laughed Olivia.....

I wasn't going to let her and shortcake down...Somehow,Some way I was going to find a hole in this story.

IV-

 THE NEXT MORNING!

Lt. Tragg was enjoying a steaming tumbler of coffee...

He looked up and saw the three of us...

Olivia, Beverly and myself and he sighed...

"You three, can't I enjoy a cup of coffee here?" he asked..

Beverly looked around...

"This is a nice place...You have good tastes Lieutenant...At least in coffee houses." she said..

He looked at her and laughed a phony laugh...

''Mind if we join you?" asked Olivia.

"I do, but it's a free country.." he said.

I ordered a coffee for me and two additional coffees.....

You know Lieutenant Tragg ,it looks like you have a nice neat case all wrapped up and sealed with a bow doesn't it?" I asked..

''What are you gettin at? I brought in a good case." said Lt. Tragg.

"When I worked Homicide...The cases that seemed too easy to crack , where all of the evidence just magically seemed to fall in place, were usually the suspect cases..."I said..

"AGAIN!! WHAT ARE YOU GETTING AT?" asked Lt. Tragg.

"Like don't you find it , welllll kind of odd that a seasoned Attorney like Austin Worthy, would kill a woman and then leave her missing sandle in the trash can of his condo ,where you could find it..and he wouldn't get rid of the murder weapon?? Hide it under his bed...also where you could find it?"asked Olivia..

"He doesn't strike me as the brightest guy..."said Lt. Tragg..

"Come on Lieutenant Tragg, He's An Attorney ,A very successful Attorney, He knows about evidence...We try hundreds of cases....That's the kind of thing we deal with.Who better other than another cop would know how to discard evidence and would know what a cop would look for?"asked Beverly....

A good question...From the beginning...the way the evidence was found looked weak to me...A street punk would have gotten rid of incriminating evidence like that better.

"Look if you disregard that...Did you interview her estranged husband...Brad Hammer? The Estranged Husband is usually the first suspect..."I said.

"I sure did...He has an alibi...He was at the Policemen's Beef and Beer fundraiser from 2:00-500pm...I have several witness who saw him there..." said Lt. Tragg..

"But doesn't his anger and histrionics strike you as just a little off center?" asked Olivia..

"You're trying to say he did this? Nice try Liv, but it doesn't play....The man and his wife broke up...He was trying desperately to get her to take him back for a year and then he discovers your slime ball client is bangin her...Any man would be angry...Donnie Ray....Imagine another man with Liv,if you two ever broke up? You'd feel the same way.." said Lt. Tragg...

"Maybe...but I'd never hurt Liv...Under any circumstance....I-I couldn't.."I said..

 Olivia laid her head on my shoulders and softly rubbed my knuckles upon hearing me say that..

"And Brad didn't hurt Joanie..He couldn't either..He was crazy about her!!!...Bark up another tree guys...Your client is guilty as all hell..." he said and finished his coffee..

He got up...

''Enjoy....They make great French Roast in here."he said as he left...

Beverly shook her head...

"Natural Police , he aint.." she said..

"We got nowhere...Didn't even light a fire up under him...Brad Hammer is his friend you know."said Olivia, rubbing my hand softly..

"But he's not mine!!!...and while he's in jail...I've got to do the  best I can do to poke a hole into his alibi.I'm going through his life with a fine tooth cone..."I said as the three of us enjoyed another coffee..

"Lieutenant Tragg was right about one thing.."said Beverly sipping her second cup of coffee..

"What is that baby?" asked Olivia..

"They do make a great cup of French Roast here." she said...

(TO BE CONTINUED)