arguing Franklin v. Pogue at nine."
"Reynolds! Let me know when you go up to court."
"I'm not going."
"How come?"
"Justice Griffen took himself off the case, so there's no reason to sit in on the argument."
"Why'd he recuse himself?."
"His wife is arguing for the state."
"No shit." Tracy laughed.
"No shit," Laura answered bitterly.
"She is one smart cookie."
"She's a bitch. She could have asked another DA to argue the state's position."
"Then Justice Griffen would have sat on the case. Now he can't sit because the state is represented by a member of his family. So she gets rid of the most liberal justice on the court and ups her chance of winning. I call that smart lawyering."
"I think it's unethical."
"Don't take this so personally."
"I'm not," Laura said angrily. "But the judge is such a nice guy. The divorce is eating him up. Pulling a stunt like this is just pouring salt in his wounds."
"Yeah, well, if she's as big a bitch as you say, he's better off without her. And you should see Reynolds argue anyway. He's amazing. Do you know he's been defending death penalty cases all over the United States for twenty years and he's never had a client executed?"
"Reynolds is just another hired gun."
"That's where you're wrong, Laura. These cases are like a mission for him. And he's a genius. Did you read his brief in State v. Aurelio?
His Fifth Amendment argument was absolutely brilliant."
"He's smart, and he might be dedicated, but it's to the wrong cause."
"Don't be so uptight. Listen to the argument. Reynolds is really worth seeing. I'll check with you before I go up." i iiiiiiiiiiiiiii The most conspicuous feature of the Oregon Supreme Court is a stained-glass skylight in the courtroom ceiling that displays the state seal. The stained glass is protected by a second, clear skylight above it. On this sunny day, the light filtering through the two sets of glass cast a soft yellow glow over six justices of the seven-member court as they assembled to hear argument in State ex rel.
Franklin v. Pogue.
Tracy found a seat on a couch against the rear wall of the courtroom just after the justices took their places. The judges sat on an elevated dais that stretched across the courtroom in a gentle curve.
Directly in front of Chief Justice Stuart Forbes was the wooden podium on which Abbie Griffen calmly arranged her papers. When the Chief Justice told her to commence her argument, Abbie said, "If it please the court, my name is Abigail Griffen and I represent the Multnomah County district attorney's office and the interests of Denise Franin. We are asking this court to order trial judge David Pogue to withdraw an order commanding Mrs. Franklin to open her home to forensic experts employed by the defense."
"Judge Pogue was acting on a motion for discovery filed by the defendant, Jeffrey Coulter, wasn't he, Ms. Griffen?" asked Justice Mary Kelly, an attractive woman in her mid-forties who was appointed to the bench after a stellar career in corporate law.
"Yes, Your Honor."
"What was the basis for the discovery motion?"
"According to the affidavit of Mr. Reynolds, the defendant's attorney, Denise Franklin's son, Roger, pi'omised to sell Jeffrey Coulter stolen jewelry. Coulter went to Franklin's house, but Franklin had no jewelry and tried to rob Coulter. Mr. Coulter claims he shot Roger Franklin in self-defense after Franklin shot at him."
"And the defense wants to examine Mrs. Franklin's house for evidence that will corroborate the defendant's story?"
"Yes, Your Honor."
"That seems pretty reasonable to me. What's wrong with Judge Pogue's order?"
"Mrs. Franklin is in mourning, Your Honor. She doesn't want agents of the man who killed her son traipsing through her home."
"We're sympathetic to Mrs. Franklin, Counselor, but it's not unusual for witnesses to also be relatives of a murder victim.
They're inconvenienced all the time by police interviews, the press.
Your people went through the house, didn't