A Class Action

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Authors: Gene Grossman
attorney only has to show that the defendant ‘probably’ was involved in some way.
    Defense attorneys rarely put on a case at a prelim. They just sit back and see what the prosecution’s case looks like. You’re allowed to cross-examine the prosecution’s witnesses, but you don’t want to ask too many questions, for fear of giving away whatever kind of defense you might be using when the case goes to trial.
     
    Myra sends in one of her best deputies for Joe’s prelim, and he does it right by the numbers. First, the coroner establishes that there were deaths involved and talks about the autopsy results and causes of death, due to the explosion. Next are the detectives who arrested Joe on an anonymous tip that was called in to them. They’re also the ones who searched his house and found what they considered to be explosive devices – the stuff that Joe told me were for a fireworks display he was working on. I don’t want to try to tear their testimony apart at this time, because it would probably be an effort in futility. I know that the next witness will be the first exploding Suburban’s owner, and he’ll be testifying about the bribes paid to Joe for unwarranted repairs made to his vehicles over the years.
    This is a slam-dunk for the prosecution, but that’s to be expected because most prelims are – and there are no surprises today because Joe gets bound over for trial in the Superior Court. As planned, we refuse to waive time and the trial is scheduled for next month. Myra’s deputy tries to talk me into waiving time, but the only way I’ll do it is if they’ll agree to a reasonable bail amount for Joe. They won’t, so no deal is made. Joe will be staying in custody until trial, and the prosecution only has another couple of weeks to finish putting together what I think is a pretty weak case.
    When we get to trial I intend to call an explosive expert in who will testify that there’s no way the device they found at Joe’s house could ever have been configured to set off a bomb in any car.
    I’ll also be working over the two Suburban owners about their bribes to Joe, to find out what kind of deal was offered them for their testimony – like no filing of charges for conspiracy to commit larceny. I’ll also be grilling them about their thoughts that Joe was angry that their little repair scheme was closed down.
    I don’t see any way they can get a conviction in this case. If Myra has the brain I think she has, she’ll be offering me a deal before the trial. Joe and I discussed a plea bargain and he agrees to seriously consider one if they’ll drop the murder charges and let him plead to the briberies.
     
    Back at the boat I see that there’s a crew of guys applying some tinted material to the wheelhouse windows. From the outside that tint looks too dark, but when stepping inside I see that the special tint only prevents light from entering – you can still see outside very easily. It’s that special kind of tint that only affects the side that the light is on. In the daytime, you can see outside, but nobody can see in. At night, when the interior is lit up, people outside can see in, but you can’t see out.
    There’s no sense in asking who hired them, or what this whole procedure is for, because I know that forces beyond my control are at work around here.
    The phone rings and my caller ID display shows a number that looks familiar. The caller is a female.
    “ Hello, Mister Peter Sharp?”
    There’s a lot of telemarketing going on, so whenever a strange voice asks for me by my first and last name, I assume it’s a stranger who wants to give me some sales pitch for something I’m definitely not interested in. Past experience has shown that if you start out by asking some questions, you can usually get the telemarketer to back off. They never want to give you their name, and will never give you a location they’re calling from, or a telephone number to call them back at.
    I start out with

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