AfterNet 01 - Good Cop Dead Cop

hearing now is not your real voice.”
    “No, it’s not.”
    “Can you read lips?”
    “No.”
    “So without ears to hear or the ability to read lips, how do you know my client knowingly accepted any money from Mr. Andriewski?” Munroe saw Feldman pull his tablet out of his suit pocket, tap the screen and then look up at the witness stand.
    “Officer?”
    “I’m sorry, could you repeat the question?” The defense attorney did so and Munroe said, “Because I saw him give the money to the defendant.”
    “But you were unable to hear anything?”
    “Yes.”
    “That’s not quite accurate, is it, officer. You were able to hear just like you’re able to hear me now.”
    “Yes, that’s correct.”
    “Because a portable terminal, probably the one your partner is wearing on her sleeve right now, was taped to the underside of the bench where my client was sitting.” The defense attorney looked at the judge. “Your honor, I’d like to submit that using Officer Munroe in this fashion wasn’t any different from bugging my client. The park bench that he was sitting on was in a secluded area, shielded from casual eyes and yet difficult to approach without being seen. He had a reasonable expectation of privacy under these conditions.”
    Feldman rose to object.
    “Mr. Feldman’s going to say the park is a public place, but the courts have allowed the concept of private areas, even in public places.”
    “Your honor, I do object for exactly the reasons Mr. Slavin has stated. And the expectation does not extend to a park bench.” Yamaguchi was impressed with the amount of loathing with which Feldman could say the defense attorney’s name. “The park is a public area. The concept of a private place in public has been upheld to include a phone booth where a warrant was not obtained, but when that phone is not in a booth, it’s not illegal to overhear a conversation. Surveillance cameras are a common sight in airports, banks and store and even on the streets and evidence from those sources have been allowed.”
    By now the two lawyers had everyone’s attention.
    Slavin responded, “Yes, but surveillance cameras are a physical presence. We know they are there. We can see them and we can adjust our behavior accordingly. When we go into a department store, we’re warned that we are being observed. But Officer Munroe does not exist, at least not in the sense that we can see, touch or hear him. If we allow his testimony, aren’t we saying that we’re not safe anywhere. That we can never know when someone is watching.”
    The judge banged her gavel and told the two attorneys to stop talking and approach the bench. They argued in stage whispers before the judge. After a few minutes of this, the judge told the attorneys that she would meet with them in her chambers and ordered another recess.
    Back outside in the hallway again, Yamaguchi said, “I’m starting to feel like a yo-yo.”
    Munroe was about to reply when Feldman appeared. “Come on, Yamaguchi. The judge wants you and Munroe, too.”
    He escorted them to the judge’s office, which now held three lawyers from the district attorney’s office, two defense lawyers, Yamaguchi and the judge, who eyed them all with distaste.
    “Bobbie, do you really need both your underlings?” she asked the ADA. Feldman dismissed the male assistant.
    “OK,” the judge said. “Mr. Slavin …”
    “Please, call me Edward, your honor,” the defense attorney said, wanting to be on an equal footing with the ADA.
    The judge gave a quick grimace. “Yes, very well, Eddie. Your tactic has been tried before and it didn’t work then and it’s not going to work now. Testimony from the disembodied has been admitted in court and upheld and I don’t want any more crap about doubting Officer Munroe’s … you are here aren’t you Munroe?” Yamaguchi said yes for Munroe. “Doubting Officer Munroe’s identity.”
    “Yes, your honor.”
    “And how many more iterations of this same defense are you going to try.”
    “Surely, your honor, you’re not suggesting that I have to have my defense strategy pre-approved, here, in front of the prosecution.”
    “Cut the crap. Are you going to keep pulling this stuff?”
    “I will defend my client to the best …”
    “OK, we’re going to adjourn for lunch and try this again in the afternoon and I want to warn you, Mr. Slavin, that this court will not be your ticket to the Supreme Court.”
    The judge dismissed them all and