Free Capitol Offense by William Bernhardt Page B

face. Surprisingly?
    “But this is a loser for you. A dead cop. A family man. And so much evidence of planning and deliberation. Clarence Darrow couldn’t win this one.”
    And you’re no Clarence Darrow. The message was so clear Guillerman didn’t have to say it. “I’ll take any offers to my client. But I don’t think it’s going to happen.”
    Guillerman shook his head. “That’s a shame. We’re both coming up for reelection soon. We really don’t need a messy case like this one. No one wins.”
    “Since you feel so certain you’re going to win, why don’t you let my bail request go unopposed?”
    “Can’t do that.”
    “He’s an English teacher, David. What can he do?”
    “Look what he’s already done.” Guillerman smiled. “Can’t do it, Ben. The press would crucify me. And I’ve got a major fund-raiser tonight.”
    “So long before the election?”
    Guillerman shrugged. “It takes a lot of money to mount a campaign these days.”
    Ben would be appalled at his reducing a criminal trial to politics—if everything he said weren’t so true. “I’ll wait for your call on that plea.”
    He returned to his own table. He could see Christina was looking at him eagerly, wondering what they’d talked about. He shook his head. No news.
    Judge Leland McPartland was one of the senior members of the Tulsa County judiciary, said to be about three years away from retirement. He was generally considered a competent if uninspired jurist. He was known to be old-school in his approach to the law and conservative in his approach to politics. Ben could just imagine what he thought of this purported cop killer. Or what he would think of the idea of temporary insanity.
    The bailiff brought the room to their feet and introduced the judge, who sailed in behind him while he was speaking.
    “You may be seated.”
    The room obliged.
    “Is the defendant present?”
    Ben rose to his feet. “Benjamin Kincaid for the defense, your honor.”
    “A pleasure to see our distinguished senator back in the courtroom,” McPartland said straight-faced. Ben wasn’t sure how to take it. “Are you prepared to proceed?”
    “We are. Waive reading. Enter a plea of not guilty.”
    The judge hesitated for only the tiniest moment. “Not guilty?”
    “Yes, your honor. And we will assert the affirmative defense of temporary insanity.”
    There was an audible reaction from the gallery. The two prosecutors looked at one another with weary eyes.
    “Temporary insanity.” Judge McPartland made tiny notes on a legal pad, despite the fact that the court reporter was taking down every word anyone said. “Will there be anything else?”
    “Yes, your honor. Although it will be tried in another court, you should be aware that there is a parallel civil suit accusing the police department of gross misconduct and seeking damages.”
    “I am already aware of that, counsel.” His voice lowered a notch. “I do read the papers.”
    “Your honor,” Guillerman said, rising, “we all know the police have legal immunity for actions performed in the course of duty.”
    “That doesn’t excuse gross negligence or misconduct,” Ben responded. “Or the intentional infliction of emotional distress.”
    “It’s not misconduct to follow the rules. Detective Sentz—”
    Judge McPartland held up his hands. “All right, gentlemen. We don’t need to have this debate here. Save it for the civil courts. Will there be anything else?”
    “Yes, your honor. We request that bail be set.”
    Guillerman rose again. “Out of the question, your honor. This man killed a police officer. In cold blood.”
    “I’m sorry,” Ben said. “Has a verdict already been rendered? I thought we were just getting started.”
    “I do not believe it is ever the practice of this court to grant bail in capital cases,” Guillerman continued, “and I certainly don’t think this is the time to make a change. There can be no leniency when it comes to the execution of