2020-01-02 - Pretrial Motions
After a day in court that sees the gun thrown out of evidence, Cassidy and Ruiz field questions from the press.
IC Date: 2020-01-02
OOC Date: 2019-09-06
Location: City Hall
Related Scenes: None
Plot: None
Scene Number: 3457
Judge Benjamin Watkins oversees a pretrial hearing to discuss evidence in the Foster case. Specifically, Foster's attorney - the lovely Wally Corbin - has filed a motion to exclude the gun from evidence.
For understandable reasons. Wally makes a strident case for Judge Watkins, pinning his logic on the method it was obtained. He calls the GHPD corrupt, saying they pretty much hired people off the street to break into the casino illegally.
And Judge Watkins is inclined to agree.
At the end of the day, all arguments considered, Watkins rules in favor of Foster, excluding the gun from evidence. Which naturally prompts Wally to move to dismiss the charges, since that's such a crucial piece of evidence. But Watkins doesn't even need to deliberate on that issue; he still feels that, even without the gun, the District Attorney's office has enough evidence to allow the case to proceed to trial.
Wally presses for a speedy trial, in that case, and Judge Watkins is inclined to agree. He'll hear opening arguments on January 27th at nine in the morning.
Outside, the press (both local to Gray Harbor and, surprisingly, press from Ocean City and Elma - even a reporter or two from Seattle are down here) are eager to ask questions, stopping the District Attorney on the steps out of the court house, but he defers questions to his assistant, Cassidy Bennet, and makes for his car.
One reporter calls out, "Miss Bennet, it sounds like the D.A.'s office suffered a pretty big defeat today regarding the gun. Can you give us a little background on that?"
(TXT to Ruiz) Cassidy : I told this stupid mother fucker not to put the gun on the evidence list. God I can't wait until he's up for re-election.
Cassidy is following the procession out of the court house with her head down as she texts. She is following the DA (her boss) and one other person. She slows when the reporters swarm and then she hears the words "Miss Bennet" and she looks up.
The blonde's eyes widen a touch. Where the fuck did the DA go?!?! She takes a deep breath as she stuffs her phone in her purse. She composes herself while fixing her posture and clasps her hands in front of her.
"Mr. Foster is charged with paying someone else to shoot the victims. The gun is ultimately a superfluous piece of evidence, and the defense knows that. Mr. Corbin thought he could pull a fast one on the Judge and get the case dismissed today and that didn't happen."
"So actually a win for the prosecution."
The ADA smiles a faint smile that screams her need for a cigarette right now and prays to the heavens there are no more questions. (But she is still standing there and totally willing to answer more)
(TXT to Cassidy) Ruiz : What the fuck. he did what?
"Follow-up question," the same reporter presses on. "Can you shed some light on exactly how the police obtained the gun? Mister Corbin said," he checks a notepad, "that the G.H.P.D. paid people to break into the Casino?"
"It was one of his more flamboyant moments," Cassidy says with a charming laugh. So charismatic. So photogenic.
"The claim is baseless. The judge ruled on the chain of custody and relevance of the murder weapon to this particular case. Ultimately our case relies on eye witness testimony, confessions of the hired hit men, and a money trail. Mr. Foster didn't himself use a gun to commit this crime."
She smiles and looks over the sea of reporters. "Anyone else?"
Call it journalistic solidarity, but the next reporter to ask a question reiterates, "So can you shed some light on how the gun was obtained?"
While someone else tosses in, "What's going to happen to the Casino? Is it true that it was seized and the P.D. is going to use it for fundraisers?" Rumors, man. They're a thing.
"The Casino was acquired by civil forfeiture for its suspected role in drug trafficking. This is an on going investigation with the DEA," Cassidy explains. "The Chief of Police has custody of the casino property so I cannot say for sure. It will likely be surrendered to the Department of Justice for their on going investigation."
"Miss Bennett. Is it only the casino that has been seized from Mr. Foster or all of his assets? He is known to manage another casino nearby, is that also allegedly being used for drug trafficking? There are also rumors of a consortium of buyers that were preparing to buy the casino at a fire sale price before the casino was seized. Like members of the G.H.P.D. were free with their intentions in this case to anyone with money. Any comments?" Jessica knows how quick Cassidy shuts down questions so she needs to get them all in!
"The only property seized was property within our jurisdiction. So yes, only the Grand Casino."
Cassidy tilts her head and furrows her brow, offering a shrug. "I am unaware of any potential buyers for the building. As far as I know, Mr. Foster intended (and intends) to open and operate the casino himself."
She does expand, however. "Mr. Foster's other casino is the subject of Federal investigation and questions on that would need to be directed to the DEA. I don't have any details."
"The men that attacked the Casino. They are under arrest? Does the Attorney's Office not consider it odd that Mr. Fosters activities were under both legal and physical assault that evaporated once he was placed under arrest?" Jessica asks politely. "Is it possible that all these incidents are part of a drug war? Or even an attempt to discredit Mr. Foster to remove possible competition to existing criminal elements in Gray Harbor?"
Mid way through Jessica's stream of thought, Cassidy just shrugs while lifting her hand and turning her palm skyward.
"I have no idea what you are talking about. This is a press conference about the People v Joshua Foster. An aggravated first degree murder charge.
"The Districts Attorney's office considers many things odd: such as why two members of our community had to be executed in cold blood for a gambling house.
"Contemplating the cause behind vandalism against the defendant's property is not something that keeps me up at night.
"As for the 'legal assault' - which is not how I would describe things - The key witnesses were murdered and the civil action, lacking foundational testimony, was dismissed. That's exactly how we came to be here in the first place.
"There is no evidence the length and breadth of this case file that suggests 'other criminal elements' were involved. Joshua Foster ordered and paid to have two expert witnesses murdered so he could expedite his ribbon cutting. That's the case we have and it's what we will prove in court."
Though the police Chief hasn't - and seems unlikely to - make an appearance here today, there's certainly precedent for his lackey to be inflicted on the proceedings. Captain de la Vega shows up in full uniform, boots spit shone, GRAY HARBOR POLICE jacket pulled on over top, in keeping with the stupid fucking cold. He's immediately swarmed by reporters, and dispenses of a fair few with a grumbled 'no comment'. A couple of questions are actually answered, though he makes it clear he's not going to address any hearsay, and mostly repeats the ADA's talking points.
"So, you're not concerned about any criminal activity beyond what you're focused on at the moment, Miss Cassidy?" Jessica asks the Assistant District Attorney. "And the legal action wasn't dismissed due to the death of the witnesses, it was dismissed once the instigator had an old rival arrested. You may be right in your assumptions, Miss Cassidy, since I haven't had access to any evidence I could not say. But I, and my readers, are concerned that the focus given to one desired result of the case may lead to ignoring equally important facts."
A smile as she spots the (alleged) police bully known as Captain de la Vega. "Captain de la Vega, no comment on the case beyond what you've been told to repeat? Any comment on the other murders that have graced our town recently?"
"The investigation was done, evidence gathered and a case built based on the evidence." Cassidy explains. Slowly.
She looks over the reporters. "That's all the time I have. If you have any questions about on going investigations, I direct you to Captain Ruiz."
And then she's cutting through the crowd like so much soft butter.
A few reporters trail after Cassidy a handful of steps, until it becomes obvious that she's not answering any more questions. Then they wheel back around and trot toward Ruiz's general vicinity. Notepads are written on, recording devices are thrust forward, and everyone's all ears for Captain - "What was his name? Captain...?" Ah, there. 'De La Vega' gets written down on a notepad hastily.
Cassidy might be sweet, blonde and smooth as butter, but the police captain is.. pretty much anything but. He's annoyed at being here, annoyed at the reporter who clearly didn't shower before deciding to get all up in his personal space, and really annoyed at the ADA painting a target on his back and then flouncing off. "No comment," he repeats to Jessica, leaning in to the microphone briefly, and practically pinning her with those dark, dark eyes. "Any and all other criminal activity connected to this case has been duly considered, Miss Flores." Oh yes. He knows who she is.
Jessica is flattered that she is known to the captain - though perhaps she should be more worried. With Cassidy deferring to Ruiz and Ruiz being all...Ruiz-like, Jessica knows when it's time to go. "Thank you, Captain" she smiles sweetly. Now to wade through all these journalists to get her report up first. Where have they all come from?
And where has Foster's lawyer gone? He may have some interesting tidbits to add.
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