The Bench Position

 TWO DAYS LATER-

Yvette sat on the side of her bed...Today was the beginning of our preliminary hearing...

"You worried?  You've been handed the strongest easiest case of your career...What is my sexy legal eagle concerned about?" asked Gary.

"Everything....When a case is too easy..There is always a chance for a monkey wrench to be through in the mix somewhere." said Yvette..

"Look....you and the youngins were up all night working that case....You've covered everything..

"Olivia and Beverly allowed you guys to finish up your research at their place.

All day while they were in court on a case of their own..

You and the youngins loved using their facilities to research and set up your trial strategy and Beverly's mom, Ms. Alfreda kept you guys in stitches and kept Lt. Tragg from coming in and disturbing you guys.

I gotta say...he's been more miserable than normal this time around..I think he's worried about this case..

I think he knows he has a loser."said Gary.

"Oh More than usual huh?" laughed Yvette..

"Everybody was just wonderful...

We went back to Wrongful Conviction Unit Headquarters and 

And Both Jazzy, who used to be an Assistant District Attorney

and Karen Page, who still is an Assistant District Attorney role played for us.. going at us hard the way Amanda Cole is going to do...

Olivia told me that this kind of role play always gets her team ready for a major battle."said Yvette.

"And this aint no major battle..I'm no lawyer...but I think even I could get Billie off....Now uh speaking of getting off..."laughed Gary..

He pulled Yvette to him and kissed her passionately and 

slipped her panties down...

"Oh My God...Gary, seriously?" asked Yvette..

"Just a quickie." he said and they rolled over and began to make love for the next HOUR or so!

''You are impossible!" she sighed and smiled.

II-

Preliminary Hearing-District Court- Hours Later.

Ms. Yvette was correct not to come to court too cocky...The first thing we wanted to do was supress all of the lurid photos and all of the blackmail evidence against Billie Lawrence and Douglas Hellerman collected from the camera, from Louis Gant's phone and from the crime scene.. 

Despite our very strong and valid arguments which we had worked on for days. Assistant District Attorney Amanda Cole was not about to let us get away with that..She came with a very pertinent counter argument...She basically claimed that all of this stuff was the meat of her case..It provided motive.. She agreed that the Blackmail evidence against Jacquin Bailey, now deceased and Merlin Mims could be suppressed because neither man had anything to do with the present case.. This was killing our attempt to paint a broad picture of what type of guy Louis Gant was and how many people he was blackmailing.. That was a brilliant counter move..

Judge King ruled in ADA  Cole's favor....Although let me just say...That another Judge might have just as well of ruled in our favor..It was the luck of the draw..

Lt. Tragg looked relieved...He even managed a smile..

''Way to go baby!" he whispered to her and ran his hands softly across her legs...She quickly removed them and sternly said to him..

"KNOCK IT OFF! We are not going to play feelsies during this trial."she said."Touch my legs again or my waist and I'll slap your face off.." she added.

Lt. Tragg didn't like  being talked to like that...

"Another uptight Bitch" he muttered under his breath.

Billie looked defeated...She asked Yvette if she could have a Bench trial...A trial with no jury, Just the Judge.

"Are you sure you can live with that? He doesn't seem to be in our corner so far. A jury might be better."said Ms. Yvette.

"If all of my dirty laundry has to come out...I'd rather it be just before a Judge, Not a jury and no spectators..."said Billie.

We waved a defense and asked for a Bench Trial..

ADA Coles didn't look surprised..

Judge Mike King agreed to a Bench Trial..

"Alright...Court will be in session in three business days...Monday, 9:00 am sharp...Be ready for trial."he said.

"I've never tried a case in a Bench trial before."said Bee Bee.

"Neither have I." I said.

"I have once...An Immigration case...It was just between me, my client, the prosecutor and the judge..

I won.."said Sofia..

"You had on a tight mini skirt that day and sheer panty hose and pumps.. and the judge was Latino. I remember."said Kahlil.

"Heyyy, I won though!" said Sofia.

Bee Bee laughed..."She is sooo bad!" she said.

"Hey, whatever works." I said, smiling..

"Come on guys, let's get some breakfast."said Yvette..she knew all the optimism was too good to be true..This indeed was going to be a battle and Mandy Cole was going to try and win this case..She'd won the opening salvos so far...

Billie understood that Bee Bee, myself, Sofia and Kahlil were too young to understand the total gravity of a bench trial..and she knew that Yvette and her with their years more experience did in fact understand...

"Come on you guys...Breakfast is on me..At Sam Mothers." she said.

III-

Lt. Tragg 

was already at Sam Mother's when we arrived.

Having his regular, Fried eggs, Hash Browns, Sausage ,Orange Juice and Coffee..

He smiled upon seeing us come in and grab a large booth together..

"Ho Ho..Look who it is." he said.

"Artie...can't you let people come in here and eat in peace without you harrassing them?" asked Sam Mother.

The six of us took a booth...

"I'll have a Cheddar Omelette with tomatoes Ruby."said Ms. Yvette..

"I'll have the same...What do you guys want.?" asked Billie.

"Pancakes, Hash Browns ,sausage and coffee for me." said Bee Bee..

"I'll take the same."I said.

"Me too!"said Sofia.

"Yeah me too!" said Kahlil.

"And a karif of Orange Juice for the table."said Billie.

Our meals arrived and we chowed down..We were hungry...We didn't discuss the case or the new set of events either...We just ate...

Halfway through the meal, Lt. Tragg walked over to our table..

"Things didn't go so well for you guys in court today did it? Tried to supress the evidence , failed..and got your charactor evidence supressed...Wow!  Double loss." he said.

"Get Away from this table."said Billie politely at first... "Are you deaf? GET AWAY FROM THIS TABLE!!" she said out loud, which caused other customers to turn around and look.. Since the rest of us were eating..and not saying anything it looked bad on his part.

''Enjoy the meal...I've heard the cuisine at Women's Correctional isn't half as good." laughed Lt. Tragg.

Then out of the corner of his eye he saw Lt. Danny Ho of Robbery-Homicide and Ms. Jade.

Standing in the doorway, kissing passionately..

She waved to him after they finished as he got in his car and pulled off..

She saw us and was about to walk over to us , when Lt. Tragg blocked her way..

"Annnnnd what have you been up to?  I stopped by your house last night...No one answered the door." he said.

"I hear that happens to you a lot lately." she said and laughed..

"It won't be so funny when I run you in for obstruction of justice and get that license of yours pulled." he snarled..

"You've got as much chance of doing that as you have pulling in the right suspect."said Jade, who stepped aside and walked past him..

The four of us were finished our meals...We had heard the entire exchange and we howled with laughter..

She whispered...

"Merlin Mims was out of town the entire week and Casey Bailey was in the Law Library studying to take the bar the entire time...Doug Hellerman was downtown at a Utility Commission Meeting...but he did make two phone calls out of town and he did extract $10,000.00 out of his bank account the day before Gant was murdered...but that was it...None of the other guys were anywhere near Gant's apartment complex.."said Jade.

"Wow...We don't have a suspect." said Yvette.

"It's not your job to find the killer..This isn't Television...That's dumb ass over there at the counter's job!...The day of the murder...I taught class at Middleton Law School in Bayside, and I taught it the day after that and the day after that, I was in your office asking for your services...I didn't even know Gant was dead.

I was wondering why he hadn't released those photos...I never knew where he lived. That's the truth...That's all you need...." said Billie.

Yvette smiled.

"That's right...and they can't prove otherwise.." she said.

IV-

Trial Began....It was a bench trial, with no jury and no spectators..

ADA Amanda Cole delivered an impassioned if not over dramatic opening argument on why Billie Lawrence, a former Assistant District Attorney and colleauge of hers, who had recently taken a job teaching law in nearby Bayside, PA. at Middleton Law School had gone over to the dark side.. She had slept with Douglass Hellerman, the estranged husband of the woman, Susan Hellerman , who she was prosecuting.. She was being blackmailed by the victim, Louis Gant to the tune of 150K...

This information if released could have potentially of gotten her censured or disbarred and would have embarrassed her greatly if made public...Which she understood would not be made public today.

She showed the Judge the lurid photos of the two of them having sex.

and additional photos of the two of them out drinking and eating socially at a number of Philadelphia establishments... "All while She was prosecuting this man's wife for a crime that has sent her to Women's County Correctional Center for one to three years.." she argued..

For the next three days she brought Crime Scene Investigators,Police who were at the scene and witnesses from the apartment complex to testify...

Ms. Yvette, Myself and Sofia had been waiting for this..Not one Crime Scene Investigator, Not one Forensic Investigator or Policeman on the scene testified to finding any piece of DNA, Fingerprint or Forensic Evidence leading to Billie Lawrence or anybody for that matter..

It was the same with witnesses...

Kahlil and Bee Bee took apart witness after witness...comparing their statements at the time of the murder to police, to statements made to Ms. Jade

to what they were saying now..

Not one of them saw or heard anything..Including the three shots that killed Louis Gant..

No one saw him come in that night or go...

We had recovered footage from an ATM camera of a strange, unknown man going in behind him on the night he was last seen alive...This was around 11:05 pm..but no footage of the man leaving..meaning he left from a backdoor and vanished into the night down a driveway...

Not one witness remembered the man!

Mandy Cole knew that we have butchered her case...She didn't have a shred of proof that Billie Lawrence or anyone for that matter had killed Louis Gant..All she had was a motive..A Motive that three other men, Douglas Hellerman, Merlin Mims and Casey Bailey all had.  

All had the same motive  and all had alibi's...They were not mentioned...Although Judge King knew all about them being blackmailed 

.

Mandy Cole closed her case with a rather unconvincing argument for conviction, stating that Billie Lawrence had the most to lose..Casey Bailey and Douglass Hellerman had actually nothing to lose and while Merlin Mims had the same amount to lose...He wasn't in town that week..

Yvette began her argument simply...

"My client was not there...Ever...She didn't pay Mr. Gant ...She was approached by him by phone..I have the record right here..She took 250K out of her savings, but never paid him because he asked for sexual favors in addition to showing favoritism to the son of a lady friend of his, which my client refused to do. She came to me to represent her at the Ethics Board, which we did successfully with Mr. Hellerman testifying and confessing that he led her on...Changed his name and never told her he was the husband of the woman, Susan Hellerman, who my client was prosecuting at the time."

Ms. Yvette gave the Judge the transcripts of the Ethics Board Hearing.

Bee Bee was up next and she argued..

"Proof? Is there any proof my client was at the scene...She says she never knew where Louis Gant lived or anything about him...ADA Cole never proved otherwise.." said Bee Bee.

"You heard Cops on the scene of the crime...Crime Scene Investigators, Forensics experts...Not one of them found a single fingerprint, No DNA, Nothing that pointed to Billie Lawrence..She's not on any Street Cam video or ATM Video. So as my colleauge asked...Where is the Proof?" said Sofia.

I called Lt. Tragg to the stand..

He smirked as he strutted to the stand..

"When you came upon the crime scene and in the days after , you did a thorough investigation did you not?" I asked softly..

"I certainly did" he said and smiled.

"You went through his camera, his phone, his cancelled checks and what have you...You discovered Merlin Mims, Douglas Hellerman and the late Jacquin Bailey correct?" asked Kahlil..

"That's right.and I ruled them all out as suspects."said Lt. Tragg..

"So you knew Merlin Mims was out of town all week and had just paid him...You knew Jacquin Bailey had recently committed suicide, It couldn't be him and that left Douglas Hellerman..You and we know he was at Utility  Commission meeting all week long right?" I asked.

"That's rightttttttttttttttttt!" he said, laughing...

"So Why Did you just center on Billie Lawrence?  We have witnesses here...about 150...her students, who will testify that she taught classes at Middleton Law School on the day of the murder and the day after the murder . The day before the body was found, she was at my office, as my associates can testify asking us to represent her at the Legal Ethics Board ..She didn't even know Gant was dead until you arrested her the next day...We have proof she wasn't at the murder scene...You had to know...Why did you arrest her?  Did she rebuff your handsy advances? Did she hurt your feelings?" asked Yvette.

We cracked up laughing...

So Did Judge Mike King..

Lt. Tragg did  not like being laughed at...He was as red as a beet....

"You don't have a fingerprint, not one...No DNA, Not one witness who can place Billie Lawrence at the scene....You don't have a murder weapon....All you have is motive and considering what Louis Gant did for a living there are probably more people who have the same motive than the ones named..Admit it Lieutenant this was personal...a Vendetta, wasn't it?" asked Yvette..

Lt. Tragg was so angry , he was literally shaking..

''I withdraw my question...The Defense rests your honor."said Yvette.

ADA Mandy Cole glared at Lt. Tragg...

She was livid...She had won 25 straight cases and now was about to lose this one...She was furious....

And yet she wasn't mad at any of us...

As far as she was concerned, we did what any good attorneys should do..Plead our client's case...and plead it well. She was impressed with how well versed in the law we were and how well prepared...

She felt as though Yvette was an excellent attorney and was teaching us well.

Judge King didn't make us wait while he ruled...He said.

"I simply do not see much compelling evidence presented by the prosecution  to lead me to the position that our former colleauge, Billie Lawrence committed a murder.... I am ruling her NOT GUILTY! Court adjourned! "he said.

"Mikey, what the hell?" said Lt. Tragg...

"Oh you've got to be kidding...This case had more holes in it than Swiss Cheese..What did you expect the Judge to say? If by some miracle I had gotten a conviction...I was going to ask the judge to throw it out!" said ADA Mandy Cole.

ADA Mandy Cole looked at Lt. Tragg and just shook her head in disgust and walked out of the courtroom and out the side door..

"Well Billie, looks like you were on the money...A Bench trial was perfect for this case and none of your dirty laundry got aired publicly..."said Yvette, hugging her..

"I owe you Yvette, you and your fantastic staff....Thank You! Thank You! Thank You so Much...." said Billie..

"You're free and clear now! What are your plans?" I asked.

"I'm taking the rest of this week off and Monday...I'll be back in school , teaching my class...I want all of you to speak to my class at some point this semester.." said Billie.

"I'd Love to." said Bee Bee.

"Me too!" said Sofia..

"Same here." said Kahlil..

"Ditto" said Jade..

Judge King spoke to the Press..

"There really was no real evidence that Ms. Lawrence committed a crime...No Physical evidence ,no eyewitnesses, nothing and uh in fact she had ample proof that she was nowhere near the area when the murder was committed. In the interest of justice..I had to find her not guilty..."said Judge King.

''Well Considering the Detective on the case there is no wonder you didn't find any evidence."said one reporter..

This was met with many howls of laughter.

"Come on now Lou, be nice." said Judge King.

"I am...Do you know who might have killed this guy? " asked Lou..

"I have no idea..." said Judge King.

"Neither Does Lt. Tragg"said a reporter ,which was met by raucous laughter..

Lt. Tragg stood there steaming...Livid...but for once, he said nothing and did nothing.

Nightfall came..

A clandestine meeting is taking place at Penns Landing..

A man passes a gun to another man..

"It's been wiped clean of prints and everything with bleach and placed in this plastic bag... This being your town Doug, I'll leave it to you to dispose of this." said the man..

"I'll dispose of it...don't worry...And this is for you.."said Doug Hellerman..He passed the man two envelopes...

In this one is a train ticket to Boston and in this one is  10 Large...Payment for taking care of a problem for me. That prick ,Louis Gant..He was going to implicate me in far more..I needed him gone."said Doug Hellerman..

"I heard that Lawyer babe you was bangin was found Not Guilty earlier today." said the man..

"Yeah..I was glad to hear that..She was totally innocent..I never expected her to be charged with that, but that idiot Lt. Tragg just picked her out of a hat because he couldn't find anybody else..I'm so glad her lawyers got her off...The State really didn't have anything on her.."said Doug Hellerman...

The man laughed...He put his train tickets and his money in his suit jacket pocket..

"I'm gonna have a beer, then I'm headed back to Boston...You have any more problems...Just give me a call brother."said the man..

''Sure thing brother."said Doug Hellerman who dropped the gun in the water..

Both men walked in opposite directions..

A drunken Lt. Tragg walked up just minutes later..he finished off his bottle of Jameson's whiskey and deposited it in the trash can...

He never littered.

FOR  SLC

EPILOUGE-

Casey Bailey took up our offer to help him study for the Bar..

He met with us after work at the Law Library 

for a few nights until he was ready..With the man responsible for his father's suicide now dead himself , He was more relaxed and could study...

We were cheering him on when he went to take the Bar Exam...and ecstatic when he passed with flying colors...

"Thank you guys....I love you guys he said...

We celebrated the newly minted Attorney at the Brewery...

with Beers

Cheese Steaks 

and a lot of Pizza..

"I can't thank you guys enough for helping me...I am forever in your debt!" said Casey Bailey.

"Awwww Anytime...We are so happy for you."said Bee Bee.

"Yessssssss and somewhere in the great beyond, Your father is smiling down on you.."said Sofia.

"So man, what are your future plans?" asked Kahlil..

"Going to Disney World?" I asked.

"HAH!  No, I'm going to get me a job at some law firm willing to have me and do like you guys...Get Married!" he said..

We all clapped and cheered...

Jade, working closely with the FBI, found three photos of this man,

Jimmy Hellerman, the step brother of Douglas Hellerman, who lived in Boston...on the ATM camera and on Street Cameras near Louis Gant's apartment building on the day of the murder.

And the gun, the murder weapon that was dropped in the river was found floating by a fisherman just weeks later. He turned it into the police..

It was checked and found to be a ballistics match for the Louis Gant Murder.

The FBI arrested Jimmy Hellerman in Boston a month later and he was extradited to Pennsylvania...He testified against his older brother Douglas,

who was also arrested and charged with conspiracy to commit murder.

Jimmy Hellerman was convicted and sentenced to Life , while his brother , Douglass Hellerman was sentenced to 10-25 years...

In sheer irony...His estranged wife , Susan Hellerman was released from Women's County Correctional after serving one year of her three year sentence and put on two year probation...She quickly filed for divorce..

FBI/ATF  Deputy Special Agent in Charge ,Sharon Hopkins told the Press Conference..

"We might have never of solved this case if it wasn't for the diligent help we got from Private Investigator, Jade Lee

,who works as an investigator for the McCluskey/Cozen/Connor and Pratt Law Firm!" she said.

Upon seeing this on the news, Lt. Tragg went ballistic...He was livid...

At Night, Yvette finally exhaled.

"Ouuu Gary it's soooo nice to have all of that behind me..." she said..

"Ummmmm you do have a lot behind you..LAWDDDD!."said Gary,smiling wryly...

"You are soooo nasty...Shut upppppp!"laughed Yvette, who was sitting on Gary's lap... "I mean the case, it's over and we won just like you said we would.."she said.

"I know." said Gary as he kissed Yvette passionately...

He had already slipped her panties and bra off...

"Let's celebrate." said Yvette..

"I'm getting ready to." said Gary..

"Oh My God Gary....Seriously? You never get enough...I meant let's go out somewhere..." said Yvette..

"We Will if we are finished in time" he said as he crawled on top of her and mounted her.