43
Piper sat in court on the first day of the competency hearing and waited for everyone to file in. Courtrooms were mostly waiting rooms for her. She’d seen some trials, even cross-examined a witness once, but she wasn’t a courtroom brawler like a good prosecutor or defense attorney was. As confident as she tried to appear, she was nervous in court.
Russo came in with no notes, books, or documents. She sat straight and folded one leg over the other. Piper noticed the court staff watching her.
Journalists and camera crews crowded the courtroom, their equipment jostling for space. The crowd pressed against the walls and spilled into the aisles, creating a claustrophobic feel.
Kyle Lounger came in and sat at the prosecution table. He leaned over to Russo, but Russo held up her hand, indicating she wasn’t interested.
“All rise, Eighth District Court is now in session, the Honorable Grant Billings presiding.”
Judge Billings came in and told everyone to sit down. He looked over the crowd and grew visibly agitated.
“Counsel, approach.”
Russo and Lounger approached the judge’s bench, and Piper followed. She wasn’t a party to the case, but she felt Sophie was. Still, she stood behind the other two attorneys and let them do the arguing.
The judge said, “I don’t like this many cameras in here. I’m thinking of closing the courtroom.”
Lounger said, “I’d be fine with making this a closed court, Judge. No reason to have all these gawkers in here.”
Russo said, “I’d like them to stay.”
“Why?” Lounger said.
“Because you don’t.”
The two glared at each other, and it seemed like Lounger was at a loss as to what to say.
The judge said, “I don’t agree, Counsel. I think a closed courtroom would be for the best. Ms. Danes, as the guardian for the surviving victim in this case, you have a say as well under the Victims’ Rights Act.”
“Whatever the Court deems best will be fine by Ms. Grace, Your Honor.”
“Then I’m ordering the courtroom closed to the media. We’ll take a minute and let them clear out. Have you two talked yet?”
Russo said, “The stage is a bit too early for that, Your Honor.”
He sighed, disappointed, and said, “Head back.”
When the attorneys were away from the bench, the judge said, “Ladies and gentlemen, our courtroom is a little too crowded for the matter we have before us today. As such, I am closing the courtroom to all spectators and media—”
Grumbles went up from the crowd, particularly the cameramen and reporters trying to get a clear shot for the evening news.
The judge raised his voice over the noise and issued a few more instructions, and the bailiffs called for extra help to get everyone out. Piper had never seen so much interest in a case before, and she had a feeling it had little to do with Sophie Grace.
When the courtroom was cleared, Judge Billings said, “In my chambers, Counsel. You too, Ms. Danes.”
The three attorneys followed the judge as he led them through his office area, passing by his clerks’ cubicles. The office was adorned with numerous old photos and memorabilia, showcasing his accomplishments and media mentions. Piper couldn’t spot any family or children’s photos.
He removed his robe and settled into his desk chair; he was dressed in shirtsleeves and a simple tie. As he leaned back, the chair creaked under his weight. Russo and Lounger occupied two leather recliners facing him, while Piper chose to sit on the distant couch. This situation wasn’t uncommon for her; she often felt more like an observer than a participant.
“What is going on between you two?” the judge said to Russo.
“I don’t know what you mean, Judge,” Russo said.
“I mean you two haven’t even talked yet? What are you looking for in this?”
“I’m looking for the best outcome for my client.”
“Cut the tripe. What do you want?”
“I want him to be declared incompetent and sent to State View.”
Lounger didn’t say anything.
“Mr. Lounger?” the judge prodded.
“Dr. Brown is the recognized expert in this area in the western United States. If he says he’s competent, he’s competent.”
“I know it’s very early in the case, but have you thought about what you would be willing to offer?” the judge said to Lounger.
Piper noticed the judge was eager for a plea deal and wondered what specifically about the case didn’t appeal to him: the attention, the amount of work, or simply the length of time because he had other plans?
“Murder one without parole.”
“How the hell am I supposed to take that to him?” Russo said. “We might as well roll the dice at a trial. It couldn’t get any worse.”
“I could ask for the death penalty.”
“Oh please, Kyle, you don’t have the balls. You’re not the type that’s going to fight through crowds of anti–death penalty protestors every day.”
The judge sighed and spoke in a manner that conveyed he understood he had lost this fight. “Just work it out if you can. There’s no reason to have a circus for the next year.”
After a few minutes of discussing the order of expert testimony, they went back out to the court, and Piper took her place behind the prosecution table. Russo sat at the defense table as Owen Whittaker was brought out.
The judge made some announcements for the benefit of the record about the hearing, the date, and some of the issues.
“The floor is the State’s,” Judge Billings said.
“The State would call Dr. Augustine Brown to the stand.”
Piper had dealt with Dr. Brown before. He was the State’s top expert on mental disorders, being used by almost every county. He was a professional-looking man, someone you’d see maybe on Wall Street. He wore an expensive gray suit and had thick glasses, a plain but expensive-looking watch on his wrist. He sat in the witness stand like an aristocrat about to give a lecture. He was brilliant but gave off a snake-oil-salesman feeling that Piper guessed juries didn’t find pleasant.
“Your Honor,” Lounger said as he took to the lectern, “we would like Dr. Brown recognized as an expert in mental health and mental disorders as per our motion.”
“Ms. Bianchi, do you stipulate?”
It was a routine request, and Piper had never seen someone say no.
“No,” Russo said.
Lounger looked annoyed as he said, “Dr. Brown, please outline your qualifications.”
Dr. Brown tilted his head slightly as though surprised and said, “I’m a board-certified psychiatrist with over three decades’ experience in clinical and forensic psychiatry. I’m a proud alum of Johns Hopkins University, where I taught psychiatry for a number of years before going back into private practice.”
“How many patients would you say you’ve evaluated in your career?”
“Thousands. I really couldn’t count.”
“You’ve been qualified as an expert for the State before, correct?”
“Yes. I’ve testified in over two hundred trials.”
Lounger looked at the judge and said again, “We would qualify Dr. Brown as an expert in the field of mental health and mental disorders.”
Russo was on her feet. “We would object on foundational grounds and ask for oral arguments.”
Now it was the judge’s time to look annoyed. “You know we could have done this before today.”
Russo simply smiled and said, “I like spending time here, Your Honor. Feels like home.”
He sighed again, this time louder as though no one had heard him before. “Let’s just do it now.”
Lounger put both hands on the lectern and said, “Dr. Brown, please go into more detail about your clinical experience and qualifications.”
Piper watched, mesmerized. It was basically Dr. Brown bragging about himself for almost an hour. It was clearly his favorite topic.
When Lounger was done going through his years of experience, varied cases, and specific education and research, it was Russo’s turn.
She rose and went to the lectern without even a glance in Kyle Lounger’s direction.