motion requesting him to set bail for my client. The second reason for doing this was to see how the prosecution responded. Every now and then I got lucky and the prosecutor revealed evidence or strategy while arguing for a high bail amount.
But Freeman was too cagey to make such a slip. She argued that Lisa Trammel was a danger to the community and should continue to be held without bail until further into the proceedings of the case. She noted that the victim of the crime was not the only individual involved in foreclosing on Lisa’s place of residence, but only one link in a chain. Other people and institutions in that chain could be endangered if Trammel was set free.
There was no big reveal there. It seemed obvious from the start that the prosecution would use the foreclosure as the motive for the murder of Mitchell Bondurant. Freeman had said just enough to make a convincing argument against bail, but had mentioned little about the murder case she was building. She was good and we had faced each other on cases before. As far as I remembered, I had lost them all.
When it was my turn, I argued that there was no indication, let alone evidence, that Trammel was either a danger to the community or a flight risk. Barring such evidence, the judge could not deny the defendant bail.
Fluharty split his decision right down the middle, giving the defense a victory by ruling that bail should be set, and giving the prosecution a win by setting it at two million dollars. The upshot was that Lisa wasn’t going anywhere. She would need two million in collateral or a bail bondsman. A ten percent bond would cost her $200,000 in cash and that was out of the question. She was staying in jail.
The judge finally called for the recess and that gave me a few more minutes with Lisa before she was removed by the courtroom deputies. As the media filed out I quickly admonished her one more time to keep her mouth shut.
“It’s even more important now, Lisa, with all of the media on this case. They may try to get to you in the jail—either directly or through other inmates or visitors you think you can trust. So, remember—”
“Talk to no one. I get it.”
“Good. Now, I also want you to know that my entire staff is meeting this afternoon to review the case and set some strategies. Can you think of anything you want brought up or discussed? Anything that can help us?”
“I just have a question and it’s for you.”
“What is it?”
“How come you haven’t asked me if I did it?”
I saw one of the courtroom deputies enter the pen and come up behind Lisa, ready to take her back.
“I don’t need to ask you, Lisa,” I said. “I don’t need to know the answer to do my job.”
“Then ours is a pitiful system. I am not sure I can have a lawyer defending me who doesn’t believe in me.”
“Well, it’s certainly your choice and I’m sure there would be a line of lawyers out the door of the courthouse who would love to have this case. But nobody knows the circumstances of this case or the foreclosure like I do, and just because somebody says they believe you, it doesn’t mean they really do. With me, you don’t get that bullshit, Lisa. With me, it’s don’t ask, don’t tell. And that goes both ways. Don’t ask me if I believe you, and I won’t tell you.”
I paused to see if she wanted to respond. She didn’t.
“So are we good? I don’t want to be spinning my wheels on this if you’re going to be looking for a believer to take my place.”
“We’re good, I guess.”
“All right, then I’ll be by to see you tomorrow to discuss the case and what direction we are going to be moving in. I am hoping that my investigator will have a preliminary take on what the evidence is showing by then. He’s—”
“Can I ask you a question, Mickey?”
“Of course you can.”
“Could you lend me the money for the bail?”
I was not taken aback. I long ago lost track of how many clients hit me up for bail money.