Read Presumption of Innocence: David Brunelle Legal Thriller #1 for Free Online

proof is evident or the presumption great. Well, we know what the presumption is. My client is presumed innocent. The presumption is great, your honor, in fact it is sacrosanct. But it is a presumption of innocence and therefore a presumption of bail."
    "What about the part about the proof being evident?" Judge Quinn asked.
    "Precisely!" Welles threw a hand in the air. "What about that evident proof? Where is it? Is it here today? Has the State brought anyone to present this evident proof? No, of course not. Because my client is innocent. Innocent, I say. And I daresay they know that, and that is why they have not brought any evidence to today's hearing. Just some flimsy pieces of paper drafted by the prosecutor this morning. There is no proof in this case, Your Honor. None. And therefore, under the constitution of this great State, you, Your Honor, with all due respect, you are absolutely prohibited from denying my client bail."
    Judge Quinn let her stare linger at Welles for a minute. Then she pursed her lips and looked at Brunelle. "State's response?"
    "The State has filed a criminal complaint," Brunelle responded evenly, "which charges the defendant with the crime of aggravated murder in the first degree. That is a capital offense. Attached to the complaint is a summary of the investigation which includes information from an eyewitness that the defendant committed the crime in her presence. The proof is evident. The court should deny bail."
    "The eyewitness," Welles laughed, "is a fifteen-year-old drug addict, with a history of lying to the police, whose fingerprints were found at the scene and who has every reason to claim someone else did it. In addition, she is currently charged in juvenile as a codefendant, and therefore cannot be called as a witness by the State at my client's trial without violating her Fifth Amendment right to remain silent. The police officers will not be permitted to testify as to what she said, because that would be hearsay and would deny my client his Sixth Amendment right to confront the witnesses against him, mainly this lying little miscreant. There is absolutely no admissible evidence against my client and the first thing I will be doing after this hearing is drafting up my motion to dismiss this case."
    The judge looked back to Brunelle. "Is the girl charged out at juvenile hall with this murder?"
    "She is, Your Honor," Brunelle admitted. "However, I have already had negotiations with her attorney and I have a good faith belief that she will be available to testify at Mr. Karpati's trial. In fact, Your Honor, the girl in question is the victim of count two, the rape of child in the third degree, so the State has already been contemplating needing to call her as a witness for that count."
    Judge Quinn nodded as she considered the arguments.
    "You Honor, if I may respond?" Welles tried, but she waved him off.
    "No. Mr. Welles, thank you. I believe I understand your argument. I also believe it has some merit. We regularly set no-bail holds on capital defendants, but I hadn't really thought about that evident proof requirement until you argued it just now."
    She tapped her lips in thought.
    "Here's what we're going to do. I am going to rule that the State must present evident proof before I can deny bail."
    Brunelle clenched his jaw, but didn’t say anything.
    "I'm also going to find that they haven't done that here today. I think an affidavit from the prosecutor can be enough, but not if the evidence comes from a witness who might be unavailable at trial."
    "Your Honor—" Brunelle tried, but Judge Quinn shushed him as well.
    "Sorry, Mr. Brunelle. You've had your chance to speak. We will schedule a hearing in one week. I will give the State a chance to present this evident proof. It can be done in affidavit form by the prosecutor. You don't need to bring live witnesses in, Mr. Brunelle. That's what the trial is for. But any witness you reference in the affidavit had better be available as of