"What happened after you saw the bag of powder and the mirror?"
"I asked Mr. Booth what the powder was. He said he didn't know. I accused him of snorting cocaine and he denied it. Then, I placed both men under arrest and radioed the Whitaker police for assistance. When the police arrived, I turned over the prisoners, two bags of cocaine, the mirror and the rolled bill."
"Nothing further."
Peter thought the case against both men looked open and shut. Geary asked a few perfunctory questions of the witness, but his heart was not in it. Then, it was Steve Mancini's turn.
"Officer Loudhawk, how far from Mr. Mammon's car were you when you saw Mr. Booth with the bill in his nose?"
"It's hard to say."
"Several car lengths?"
"About six. "And you saw no mirror when you observed Booth with the bill in his nose?" Mr. "No, sir."
"Out of curiosity, was a test administered to Mr. Booth to determine whether or not there was cocaine present in his blood?"
"Not that I know of."
"No further questions."
Booth leaned over to Mancini. He was upset.
"Is that all you're asking? Why didn't you make him say he didn't see me with any coke? He's lying. They planted the dope and the bill. Call him back."
"Calm down, Kevin. Let me do my job."
"But he said he saw me snorting coke."
There were beads of sweat on Booth's forehead and his eyes were dancing everywhere.
"Will you shut up? I've got to concentrate and I can't do it with you whining in my ear."
Booth chewed on his lip for a moment. Then, he said, "Okay. I'm sorry. I just don't want to go to jail for something I didn't do. I'm innocent. This is all bullshit.
I didn't even have that bill in- my hand."
"Right, Kevin, I believe you," Mancini answered sarcastically. "Now how about letting me listen to this witness."
Miles Baker, a chemist with the Oregon State Poll ice, finished testifying about his qualifications. Then he explained how he determined that the substance in the two bags was cocaine. Geary did not cross-examine.
"Mr. Baker," Mancini said, "the evidence log lists several other items that were turned over to you, including a ten-dollar bill and a mirror. Did you test the bill and the mirror for traces of cocaine?"
"No, I did not."
"Thank you. No further questions."
"The state rests," O'Shay said.
"Any witnesses for the defense?" the judge asked.
Geary shook his head.
"No witnesses, Your Honor," Mancini said, "but I have a motion for the court."
"Very well, Mr. Mancini."
Peter could not imagine what motion Mancini might I make. if he were the judge, he would have both defendants breaking rocks on Devil's Island by now. Peter guessed that Mancini was putting on a show to make Booth think he was earning his fee.
"I move for dismissal of the charges against Mr. Booth," Mancini said. "The state has accused Mr. Booth of possession of a controlled substance. Now, there was a controlled substance under Mr. Mammon's seat in a car registered to Mr. Mammon, but there has been no evidence connecting Mr. Booth with that controlled substance. Officer Loudhawk never said he saw Mr. Booth with cocaine and nothing was done to determine whether Mr. Booth had ingested cocaine, although this could have been accomplished with a simple blood test. I don't believe probable cause exists to bind over Mr. Booth."
"What was he doing with the ten-dollar bill up his nose?" the judge asked with a straight face.
"That is for the state to explain, Your Honor. He could have been cleaning his nasal passages, he may enjoy the aroma of American currency. I don't know.
But there is certainly no evidence that he was snorting ording to t cocaine with that bill. Acc he officer, you do that from a mirror. There is no evidence that the mirror and the bill tested positive for cocaine."
Judge Staley frowned. He was lost in thought for a moment. When he addressed Becky O'Shay, he sounded concerned.
"What do you have to say to Mr. Mancini's argument, Miss O'Shay?"
Peter gazed at the prosecutor. He was certain she would respond with a brilliant argument. Instead, all she managed was, "Mr. Mancini is being ridiculous, Your Honor. It's obvious that Mr. Booth was snorting cocaine."
"Why is it obvious? There is no evidence that there was cocaine on the bill or the mirror, the cocaine was under Mr. Mammon's seat, the car is registered to Mr. Mammon and Mr. Booth denied using cocaine."
"He had the bill up his nose," O'Shay repeated in obvious frustration at her inability to counter Mancini's argument.
"That's not illegal conduct in this state, no matter how disgusting it may be. No, Miss O'Shay, I'm going to have to grant Mr. Mancini's motion."
O'Shay looked as if she wanted to. say something else, but she slumped onto her seat instead. Peter thought she looked adorable. He wanted to rush across the room and console her. Instead, he studied Christopher Mammon, expecting him to go insane with rage because his co-defendant was free and he was not, but Mammon sat passively as judge Staley addressed Steve Mancini's client.
"Mr. Booth, don't think you have me fooled one bit.
I know damn well you possessed and used cocaine on the evening of your arrest, but we are a country of law and one of our most fundamental rules of criminal procedure is that the state must prove its case with evidence, not conjecture. If the state can't do that I must set you free, no matter what my personal feelings might be. So, I am going to dismiss the case against you. But that doesn't mean I'm going to forget your face. You better not come before me again, young man. You've had your break. If I ever see you again, I will make certain that you go to prison for a long, long time.
"As for you, Mr. Mammon, this court finds probable cause to bind you over for prosecution in the circuit court on the charge of possession of a controlled substance. You will be released, Mr. Booth. Guard, you can take Mr. Mammon back to jail."
Amos Geary took a long drag on a cigarette and trudged toward his office. The old lawyer was short of breath and he walked with effort. Peter hoped he would make the three blocks to the office without collapsing.
"What did you learn from this morning's outing, Mr. Hale?" Geary wheezed.
"Uh, well, I saw how a preliminary hearing works."
Geary shook his head. "You saw an aberration.
Ninety-nine times out of one hundred, the judge binds over the defendant. I don't know what got into Brett this morning."
"Steve was pretty amazing. I didn't know he was that good an attorney."
"You know Mancini?"
"We went to law school together."
"Himn," Geary said.
"What does that mean?"
"Watch yourself. Mancini's an opportunist."
"Why do you say that?"
Geary took another drag on his coffin nail. "Has he suggested that you invest in Mountain View?"
"is that the condominium deal?"
Geary nodded. "He's tried to get every lawyer in town to invest, except me.
He knows I don't have a pot to piss in."
"Steve seems to think those condos will make him rich."
"Oh, they will. If Bend is awarded the Winter Olympics. That's a big if. If Bend doesn't get the Olympics, Steve just might end up in my tax bracket. I 'just hope I he doesn't sucker Jesse Harmon into putting up some money." The name sounded vaguely familiar and Peter asked, "Who is Jesse Harmon?"
"He's one of the most successful farmers in the county. Mancini wasn't divorced more than a month when he put a move on Donna Harmon, Jesse's daughter."
Geary drew on his cigarette and they walked on together in silence. Peter was not surprised that Geary was trashing Steve, especially after the way Mancini had shown him up in court. Geary never had a nice thing to say about anyone. Peter decided that Geary was just a sour old fart who, like his father, could not stand seeing a younger man succeed.