Alice managed to catch Steve in the hallway before he left, “Last chance to drop the demand for prison time or I'm going to have to embarrass your office.”
The prosecutor was still angry from the testimony that closed the day, “Look, Alice, I saw where this was going when the Fed showed up and started whispering about National Security. Say those words and people's brains stop. 'You want me to piss on the Constitution?' 'National Security!'” He mimed unzipping his fly. “'Round up people at random and torture them until they confess to something?' 'National Security!' 'Hell, as long as their skin isn't the same color as mine or they don't go to my church that's okay.' If your little green client walks this is just part of that same load of crap.”
Alice sighed, “I'm sorry if it looks like that to you. I really feel like this is different. Do you really feel like Shego is going to harm anyone if she stays out of prison?”
He thought for minute, “No, I think she really has turned her life around.”
“But you still want her behind bars?”
“Two reasons, first, my boss ordered me to get prison time--”
Defense counsel laughed, “You know he just thinks that will help him look good in his race for governor.”
Steve started to smile with her, then suddenly looked nervous, “Ah, I don't think either of us just said those things we imagined.”
She smiled, “Agreed.”
“But I also think she needs time in jail. For me it boils down to this, I think its great your client was a confused young woman who finally realizes she screwed up her life and wants to do something positive now. Great. But this isn't a matter of sincerity; it's a matter of law. She stole and caused a lot of damage. I'm not convinced she isn't guilty of robbery or assault, even if I can't prove it. I can suddenly imagine a long line of felons getting religion after getting arrested and arguing they shouldn't see prison time because they've seen the light.”
“She's different, and you know it. She turned herself in and has been leading an exemplary life for the last year. You heard her advisor mention she was accepted into grad school?”
“Yes.”
“That was law school. If she stays out of prison she'll be starting Middleton Law next semester.”
“You're kidding me.”
“Nope.”
“As if we don't already have an image problem.”
“Don't laugh, she could be in your office some day.” Alice sighed, “Steve, I have to embarrass someone from your office. That's why I subpoenaed your boss. I'm sorry if he directs any anger at you but I need him to testify.”
“You're really going to put the DA on the stand in Shego's defense?”
“Yep.”
“You've got balls, Alice.”
“Thanks, Steve.”
“But if you're worried about him getting angry if I look bad, he's really going to be sore if you make him look bad.”
“I'm not concerned about him being mad at me. I'm a big girl and a judge -- they pay me to put up with stuff like that. I can take it. You have to work with him. I think your office fumbled this case six months ago. I'm going to let the jury know it.”
Putting a hostile witness on the stand as her final character reference was a gamble. Alice knew she couldn't expect any help from the DA, but she counted on his very hostility towards her client to buttress her point to the jury.
The DA looked vaguely nervous as he was sworn in. He was more accustomed to standing in front of the witness stand than sitting in it. And, if the truth be known, he didn't stand in front of it very often. Having staffed his office with a number of capable assistants the DA spent much of his time in administration and only slightly less in state politics.
“Thank you for coming in this morning,” Alice said with no sincerity, she hadn't liked him even before he took office. “Your office is seeking a prison sentence for my client?”
“Yes.”
“You feel it is in the best interest of the state to put her behind bars.”
The question might be slightly leading, Steve let it pass.
“Yes”
“You know she has a history of escaping from jails and prisons?”
“We certainly are aware of that.”
“Did that figure at all into the recommendation that she receive a prison sentence?”
“It may have been a factor. I wouldn't say it was the only consideration.”
“When Shego surrendered herself to custody almost a year ago the head of Global Justice said that she did not believe the state was prepared to hold her in prison. The assistant District Attorney admitted that was true. Were you aware of that potential problem?”
Steve saw the case slipping down the drain. If his boss said 'no' it meant the office wasn't doing the work it should have. And if he said 'yes'…
“Yes, we are aware of the problem?”
“Your office is aware that Global Justice designed a cage capable of holding Shego.”
“I'm not sure I--”
Alice held up a sheet of paper, “It's a copy of a letter your office sent to Global Justice last March asking information about the special holding facility. Your signature is on it, but I imagine your secretary has that on file for routine letters.”
“It's been several months, but I think I remember the letter. We wanted to stay on top of things.”
“Do you remember the information Global Justice sent to you?”
“I remember receiving a response. I can't recall the details of the information they sent.”
“That's okay, I have a copy of their letter also. Global Justice spent a lot of money developing a cell capable of holding Shego. They rented it to Canada, at the cost of a quarter of a million dollar a year, plus several thousands in shipping and assembly expenses. They've since decided they would like to keep it because it could be potentially valuable in holding other criminals with extraordinary powers. They offered to give the state the specifications on construction and materials for free, but advised you that the construction would probably run in the neighborhood of six million dollars. Has the state made any effort to start construction of a cell capable of holding my client?”
“No.”
“Has there been any money allocated to the project?”
“No.”
“Any effort to fund your own research to design your own cell?”
“No.”
“But you stated that her long history of breaking out of standard jail and prison cells was well known.”
“Yes.”
“I must confess I am puzzled. If the State has no cell capable of holding a woman with her proven escape record, and yet the State is making no effort to construct a suitable facility, it appears to me that the State must place a great deal of faith in my client's sincerity when she says she wants to change her life and live honestly.”
Alice sat down at the defense table. The DA looked angry, but remained silent. “Ms. Armstrong,” the Judge addressed Alice, “I don't believe your last comment was in the form of a question.”
“No, it wasn't, Your Honor. I am done with the witness.”
Judge Forest turned to the prosecutor, “Do you wish to cross?”
Steve shook his head no. He could think of no way to change the impression his boss had left with the jury. The office was going to be hell for the next month.
After the DA was dismissed from the witness stand there was brief recess before the opposing counsels presented their closing arguments.