The Anonymous Client

Kemper out is to get the two of you out. So I’m hoppin’ on board. Fitzpatrick isn’t too happy about it, but he realizes he has little choice.
    “You don’t have much choice either, but it’s still your decision. You have any objections to me working on your behalf?”
    Marilyn looked at him a few moments. “No,” she said.
    Steve nodded and stood up. “Fine,” he said. “See you in court.”

35.
    J UDGE G RAVES WAS ATTEMPTING TO maintain his air of judicial impartiality. Even so, he couldn’t help betraying his skepticism as he peered down from his bench at the defense table.
    “I’m sorry, Mr. Fitzpatrick,” he said. “Would you mind repeating that again?”
    “Yes, Your Honor,” Fitzpatrick said. “I merely wanted to inform the court that Miss Harding has secured additional representation. Mr. Winslow here has joined the defense as associate counsel.”
    Judge Graves frowned. He looked again at the defense table, where Steve Winslow, in a white shirt, blue tie, corduroy jacket and jeans, made such an incongruous picture standing next to Fitzpatrick in his three-piece suit. “That is Mr. Steve Winslow?” he said.
    “That’s right.”
    “The same Steve Winslow who came forward yesterday as counsel for Douglas Kemper?”
    “Yes, Your Honor.”
    “The same Steve Winslow who has been referred to in these court proceedings as the gentleman discovered by the police in the apartment of the deceased?”
    “That’s right.”
    Judge Graves picked up a document from his bench. “The same Steve Winslow who filed a motion with me this morning, charging Harry Dirkson with prosecutorial misconduct, to wit, violating the rights of one Douglas Kemper by calling him as a prosecution witness, and tricking him into waiving his constitutional rights by forcing him to testify against himself, when in point of fact Dirkson had every intention of proceeding against him as a codefendant?”
    Dirkson was on his feet. “With regard to that, Your Honor, I—”
    “Mr. Dirkson, sit down,” Judge Graves snapped. “You’ll get your chance.” Graves turned back to Fitzpatrick. “Is that right?”
    “Yes, Your Honor.”
    “The same Steve Winslow who has filed a motion for a mistrial in this case, demanding that the defendant be retried, and that she and Douglas Kemper be tried jointly?”
    “Actually,” Fitzpatrick said, “Mr. Winslow and I filed that motion jointly, Your Honor.”
    “I see that you did,” Graves said. “I must ask you, Mr. Fitzpatrick, if you are also appearing as attorney for Douglas Kemper?”
    “Not at this time, Your Honor. Circumstances, however, may dictate the necessity.”
    “I see,” Judge Graves said. “Now then, Mr. Winslow. You are now here appearing for Marilyn Harding in concert with Mr. Fitzpatrick?”
    “That’s right.”
    “You see no conceivable conflict of interest between that and your duties to your client, Douglas Kemper?”
    “I do not, Your Honor. If you will read my motion, you will find that my contention is that the opposite is true.”
    Judge Graves held up his hand. “I have read your motion. I understand your contentions. I am asking these questions because I want the answers in the record. Now, do you see no possible conflict of interest?”
    “None, Your Honor.”
    “Mr. Fitzpatrick, you see no conflict of interest?”
    “None, Your Honor.”
    “Miss Harding?”
    “Yes, Your Honor.”
    “You have heard what Mr. Fitzpatrick has said?”
    “Yes, Your Honor.”
    “And what Mr. Winslow has said?”
    “Yes, Your Honor.”
    “You have no objection to Mr. Winslow representing you as associate counsel?”
    “No, Your Honor.”
    “You understand that he is also representing Douglas Kemper?”
    “Yes, Your Honor.”
    “You have no problem with that arrangement?”
    “No, Your Honor.”
    judge Graves frowned. “Very well. Now then, Mr. Dirkson.”
    Dirkson was on his feet before Judge Graves even got the words out of his mouth. “Yes, Your Honor,” he said. “With regard to the charge of prosecutorial misconduct in the case of Douglas Kemper, I must say that the charge is completely unfounded and absolutely without merit. Your Honor need look no further than the transcript of yesterday’s testimony to see that this is true. Mr. Winslow contends that we violated Mr. Kemper’s rights by calling him as a witness when he himself was a possible codefendant. That is utter nonsense. Mr. Kemper’s own testimony clearly shows that we had not