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48

When the briefs were both filed, along with one reply from each side, Piper read them all. Both sides were excellent, and had the same tone and structure. The prosecutor’s and public defender’s offices pulled from the same group of fresh law students fighting for legal writing work to put on their résumés, and so the briefs looked similar.

Lounger had been caught off guard in court, but now with the briefs, his arguments were more concise and cognizant.

Piper tried not to come to any conclusions and keep an open mind as she read, but the fact was that if anybody was qualified to speak about forensic psychiatry, it was Dr. Brown. Lounger was right: this was an agitation tactic. Her trial advocacy professor in law school had called them “chameleon ruses,” the idea being to subtly shift the focus of the proceedings, causing enough confusion to cloud the real issue. This was a way to show the prosecution they had a real fight on their hands. Then when Russo finally agreed to a negotiation, she would be in a position to get a better offer.

It was early morning when Piper got to court and sat down in a new black suit with tan shoes. She wore a bracelet and her necklace and had put some makeup on today, but not much.

“All rise, Eighth District Court is now in session. The Honorable Grant Billings presiding.”

Judge Billings waved everyone down. He looked grumpy and had an almost comical frown on his face.

The courtroom was eerily quiet, with no cameras, media, or spectators. Owen Whittaker was led in and seated next to his attorney, the only sound the clinking of his shackles.

Judge Billings said, “We’re here today for case number CR-2371897, and Mr. Whittaker is represented by Ms. Bianchi of the Public Defender’s Office and the State is represented by Mr. Lounger. Under the Victims’ Rights Act section II, the guardian ad litem, Ms. Danes, is here representing Ms. Sophie Grace, the alleged surviving victim in this matter. So, Counsels, I have read both your briefs and replies and am ready to make my ruling.”

“Your Honor,” Russo said, on her feet, “we are scheduled today for oral arguments. I would like to make those arguments.”

“Do those arguments differ from the two-hundred-page brief and eighty-four-page reply you filed?”

There was a quick glance between the judge and the attorney. Piper guessed two hundred pages was too much.

“Very well,” Russo said, “then I would like my objection noted on the record for appeal.”

“So noted. Sit down, Ms. Bianchi.” The judge looked at Owen and said, “Mr. Whittaker, do you have any questions for me before we proceed?”

Owen said nothing.

“Then I’m ready to make my ruling. I find that Dr. Brown is exceptionally qualified to speak about forensic psychiatry, psychology, neurology, or—”

“We would object, Your Honor,” Russo said, on her feet again. “Psychology was not his specialty, and in fact, as the Court knows since you certainly read all of our two-hundred-page brief, his medical school records show that he only took one course in psychiatry. One. To say that—”

“Ms. Bianchi, stop,” the judge said.

“I was promised arguments, Judge.”

“And after reading the briefs, I no longer feel that’s warranted. I’m ready to make my ruling.”

“I don’t appreciate having my arguments interrupted, Your Honor.”

“And I don’t appreciate you wasting this court’s time,” he said angrily. “I find that Dr. Brown can testify about psychiatry, psychology, and anything else he damn well pleases. Ruling made. Do you wish to continue with this hearing or not?”

“Yes, Judge,” Russo said.

She sat down with a little grin that Piper was certain the judge didn’t catch.

“Okay,” the judge said, leaning back as though he could finally relax, “then Dr. Brown, please take the stand and remember that you are under oath.”

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