Free Murder One by William Bernhardt Page B

want to seek a more experienced attorney. Collier used to be a defense attorney himself; this is an issue he would care about.
    But he apparently decided it was none of his business. “Very well. Mr. Kincaid, you’ve been charged with concealing evidence, aiding and abetting the commission of a felony, and obstruction of justice. Do you understand the charges?”
    Ben nodded. “I understand them, yes.”
    “Will you waive the formal reading?”
    It was tempting, given how he was being treated, to force the court to read and the prosecution to endure the painful and lengthy formal information. But his mother didn’t raise him to be spiteful. “I’ll waive.”
    “May I assume you wish to enter a plea of not guilty?”
    “Darn tootin’.”
    “Plea of not guilty will be entered. Preliminary hearing is set for two weeks from now, Thursday at nine thirty A.M. Next case.”
    “Your honor,” Christina cut in, “may I be heard?”
    He shook his head. “Learn the rules, Ms. McCall. We don’t take argument at the arraignment. I’ll entertain motions at the preliminary.”
    “This is a little different, your honor.”
    “They always are. Next case.”
    “Your honor, Mr. Kincaid is an attorney.”
    “Lawyers have to follow procedure just like everybody else.”
    “Your honor, I don’t think you quite understand.” Ben knew Christina was trying the judge’s patience, but he had to admire her for hanging in there. “Mr. Kincaid is an attorney charged with aiding and abetting his client. It’s the defendant they’re after. They botched that prosecution, so now they’re going after the lawyer. It’s all a ploy to reopen the case.”
    “Are you talking about the Dalcanton case?” Collier’s face became stony. By the time he turned to Dexter, his eyes had narrowed significantly. “Is this true?”
    Dexter was in his early thirties, handsome, with strong cheekbones that photographed well when he handled high profile cases. But none of that helped him at the moment. “That is not entirely correct, your honor.”
    Judge Collier drew himself up. “If one word of it is correct, you’ve got some serious explaining to do.”
    Dexter moved closer to the bench, an earnest expression on his face. “Your honor, we believe Mr. Kincaid aided and abetted Keri Dalcanton in the commission and cover-up of the violent murder of a police officer.”
    “So this is about the Dalcanton case?”
    “Yes. We believe Mr. Kincaid suppressed evidence—”
    “This is a crock, your honor,” Christina said, interrupting. “They lost the defendant, so they’re going after the lawyer. It’s a dog-and-pony show for the appeals court. And a revenge play.”
    “That’s not so,” Dexter insisted. “Kincaid’s a bona fide defendant in his own right.”
    “Based on his alleged assistance to his client?” the judge asked.
    “That’s right.”
    “Who you were unable to convict.”
    “That’s … right.”
    “Mr. Dexter, this does not look good.” Collier appeared to have forgotten all about the other ten thousand cases on his docket. “How can you charge a defense attorney with concealing evidence against his own client? A defense attorney has no obligation to come forward with evidence against his client. To the contrary, he has an obligation to zealously defend and protect his client.”
    Ben nodded silently. Bad break for the D.A., drawing a former defense attorney for the arraignment judge. Collier knew the score.
    “But your honor, no attorney has the right to conceal physical evidence.”
    “True. But the attorney can receive items in trust, can’t he?”
    “Well, yes, but he can’t knowingly conceal—”
    “Did the prosecution ever request that Mr. Kincaid turn over items presented to him by his client in trust?”
    “Well, no. We didn’t know—”
    “Do you have affirmative evidence demonstrating that he was aware he was in possession of relevant evidence?”
    “Well, no, but—”
    “And what’s this