2019-12-18 - No Deal
Cassidy offers a deal to Foster. He does not take it.
IC Date: 2019-12-18
OOC Date: 2019-08-27
Location: We never really figured that out
Related Scenes: None
Plot: None
Scene Number: 3304
Where does something like this happen? Foster's attorney's office? The DA's office? Regardless, there's almost definitely a table in the room, and Foster sits on one side of it, wearing a nicely-tailored suit. He's brought his lawyer - who needs a name, so let's call him Wally Corbin, that's an appropriately dumb name - who brought an assistant, all of them smartly dressed and quietly talking among themselves while they wait for whoever the DA is sending to this shindig.
"Gentlemen. Hello."
It's Cassidy through the entrance into this mystery room. She is smartly dressed but, perhaps intentionally, not in anything impressive or anything that screams 'driver's seat'. It's a very simple black women's suit. But its fit is impeccable and it's been pressed to present crisp, sharp lines. The blazer buttons just below her bust and the crisp white blouse beneath that reveals nothing.
After closing the door she invites herself to the table and sets down her coffee and her bag opposite the defendant and his legal advisors. "I'm Cassidy Bennet, Assistant State's Attorney. I'm here to explain the charges and their minimum sentencing requirements in the State of Washington; facts about the additional investigations we have open against you; and what The State is prepared to present in terms of leniency in exchange for your admission of guilt before the court."
She looks up from her notepad to the men and pushes some of her golden hair from her face and tucks it behind her ear.
Who says chivalry is dead? Foster and Corbin both stand, and the little assistant guy takes a cue a moment later, pushing out his chair and getting his feet under him. It's Corbin that greets, "Miss Bennet," and offers a handshake across the table. Foster looks understandably wary - and also weary, like the man's aged a decade in the few weeks since his voluntary surrender. Everyone sits back down once she does, scraping chairs and shuffling bits of paper.
Corbin pushes his glasses up the bridge of his nose, folding his hands on the table, and listens with a nod. "We're all ears, Miss Bennet."
Cassidy accepted the handshake and shared nods and all that.
"Mr. Foster, so far, is being indicted on charges of Conspiracy to Commit First Degree Murder and Aggravated First Degree Murder."
"...as well as Witness Tampering..."
Cassidy took a swallow on that last one. Who writes this stuff?
"We are also aware that there is a Federal investigation into illegal narcotics distribution related to another Casino location. Depending on the outcome of that investigation, the DA may additionally charge Mr. Foster on related Criminal Intent and Intent to Lead Organized Crime charges."
Cassidy is ostensibly speaking to the lawyers (she knows the drill) but she does look at Foster as well from time to time as she explains.
There's a shuffle of paperwork by the assistant, but Wally seems to take the read of the charges against his client in stride. "We're well aware of the charges, Miss Bennett, thank you," it's polite but with a hint of icy. "How about we move straight on to what the DA is going to offer as a plea deal?" He knows how these things go. "And then we can get into the substantial lack of evidence that links my client to anything."
For his part, Foster shifts in his seat but defers to his lawyer. He is not, at the moment, giving away any tells of how he's feeling, though there may be a hint of a smirk at the end there.
"I'm sorry, Mr. Corbin, but a plea bargain meeting isn't the venue to discuss the merits of the evidence. I'm going to finish laying out the matter at hand, for the benefit of your client."
Cassidy smiles patiently, then continues, now favoring Foster with her gaze. "The Aggravated Murder charge alone has a mandatory sentencing requirement of life in a State penitentiary without possibility of parole. The Conspiracy charge is at least twenty years mandatory. Any intent to distribute narcotics charge will be at least 5 years per substance."
As Cassidy goes on with an impressive list of charges - a veritable kitchen sink of charges (and 'Witness Tampering' still requires her to suppress a smirk) it's pretty clear how the math works out. Even without the aggravated upgrade on Murder, Foster has the remainder of his life in prison as Cassidy explains how the sentences would not be served concurrently.
"You're right. We'll save our comments about the lack of meritorious evidence for the trial, Miss Bennet. Thank you for the reminder." Corbin quiets to listen while Cassidy says her piece, and Foster takes a cue from his lawyer's insistence that the evidence is flimsy. Or, at least, that's the face they're collectively wearing for this meeting.
She goes on for a bit, and - at what seems to be the end of it - there's a substantial pause from the other side of the table. Then, with a blink and a smile, Corbin asks, "Oh, I'm sorry. Is this where you'd like us to weigh in? Or are we waiting for you to get to the point, still?"
This is going swimmingly!
"This is indeed where I would like to know that, Mr. Foster, your representation has fully informed and discussed with you these charges and the sentencing requirements for each." Cassidy says, speaking directly to Joshua. "As well, have they consulted with you on the results of discovery and walked you through the abundant, yet to be refuted, evidence?"
In contrast to the challenging Wally, Cassidy is businesslike and serene and she remains unrattled by the heckling.
"Have they, Mr. Foster?"
Foster is well-trained. He doesn't answer anything without throwing a look to his lawyer first and getting a nod back. "They have," is where he leaves it.
"So, tell us what you're offering, Miss Bennet." Corbin waits, but the body language alone should tell Cassidy a good bit about how this offer is going to be received: dismissively.
Cassidy nods and goes on. It's clear that while she addresses the lawyers professionally, the point is for Foster to hear it and understand.
"Then you know, Mr. Foster, there is quite little leeway in what I can offer. And you know, as well, the evidence is solid. Certainly solid enough that a jury of 12 blue collar locals isn't likely to hear past it to claims that a millionaire was framed for murder by an elderly couple who simply wanted to protect their view of the water."
"The DA's office is prepared to drop the aggravation charge if you plead guilty to the rest. This will open the door for parole in 30 years.
"We would then turn you over to the DEA and Attorney General's Office - and if you cooperate with them you can serve concurrent sentences. Which means most - if not all - of your murder sentence can be served in a mostly white collar Federal prison instead of the State Prison."
At her first point, Corbin interjects amusedly, "Is this where we're meant to discuss the merits of the evidence? And how you intend to put an admitted murderer that's getting a cherry of a deal from the District Attorney on the stand to point the finger at my client?" He smiles rapaciously, as though delighted by this notion.
Foster does a fine job of staying quiet throughout, letting his eyes meander between Cassidy and his lawyer when each is speaking. But he was given a strict directive to keep his mouth shut, and men with as much money on the line as he has can't afford to buck their lawyers' orders.
"We're not interested in dealing with you, Miss Bennet. We might have some interesting things to tell the D.E.A., but not the Gray Harbor District Attorney's office." He says that italicized bit especially snidely.
"Yes. This is the same deal we offered to Mr. Larry - and he had the good sense to take it." Cassidy explains, mainly for Foster's benefit and intentionally mishearing Corbin's comment. "And Mr. Larry was given no incentive to implicate your client. He gave up Mr. Foster right away, before even being charged, as hired men so often do. And we didn't take his word for it, either... You should really walk Mr. Foster through /all/ the discovery."
She takes a breath. "Mr. Corbin, I also need to remind you to take the deal to your client." She motions to Joshua, who she did not see or hear any response to the deal from.
"And I do suggest you give it more consideration than your attorney, Mr. Foster. This option is here today only, and the alternative is the rest of your life in State prison with no parole. Ever."
Cassidy's calm is unshaken and perhaps even calculated: a smooth sort of serenity to juxtapose itself with Corbin's open snark and condescending. Which would a jury prefer?
"I appreciate the reminder," Corbin answers pleasantly, leaning back in his chair to clasp his hands loosely across his midsection.
It allows Foster to have an easier eyeline to Cassidy, at whom he looks calmly. The man is well-composed, not ignorant, has clearly been listening and following along the whole time. "Which is it? Would you like me to give it more consideration, or are you expecting an answer today, right now?" He shakes his head moderately after the question, signaling no particular need to answer it. "The odds that one in twelve people will find your story reasonably doubtful? Are very high, Miss Bennet. So high, that I'd be stupid to bet against them. I'll take my chances in court." He's a gamblin' man, after all.
"Very well, Mr. Foster." Cassidy says. She smiles to her professional adversary and stands, "Mr. Corbin. Thank you for the time. My obligation here is discharged."
The ADA lifts the strap of her bag and slings it over her shoulder. She grabs her coffee and goes to head out.
As her hand wraps around the doorknob she turns to face the men. "I am fully aware of the fumbling poor reputation of the GHPD and local prosecutors. But you should know, gentlemen, I am not from around here."
A polite finger wave is offered and then the angel of justice slips through the door and leaves.
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