they?"
"With Mrs. Franklin's consent and while the house was a crime scene.
It's no longer a crime scene. The state has returned the house to its owner, Mrs. Franklin, who is not a party to the criminal case between the state and Mr. Coulter. A judge doesn't have the power to order a nonparty to let the defense in her house."
"Do you have legal authority for that contention, Counselor?"
Griffen smiled with the confidence of an attorney who has anticipated a question. While she told Justice Kelly about several Oregon cases that supported her position, Tracy looked across the courtroom at Griffen's opponent. The contrast between the two attorneys was stark. Abigail Griffen in her black tailored jacket, black pleated skirt, ivory silk blouse and pearls looked like a fashion model, while Matthew Reynolds in his plain, ill-fitting black suit, white shirt and narrow tie seemed more like a country preacher or an undertaker than America's premier criminal defense attorney.
A question by Justice Arnold Pope pulled Tracy's attention back to the legal argument.
"Mrs. Griffen, when Mr. Coulter was arrested did he claim he acted in self-defense?"
"No, Your Honor."
"Did the police find the gun the defendant's counsel alleges was fired by the deceased?"
"No weapon was found at the scene."
Pope, a barrel-chested ex-DA with a Marine crew cut, furrowed his brow, giving the impression that he was deep in thought. Justice Kelly rolled her eyes. Pope was a mental lightweight who tried to compensate for his lack of intelligence by being arrogant and opinionated. He was on the court because he had defeated a well-respected incumbent in one of the dirtiest judicial races in Oregon history.
"Could this self-defense business be hokum?" Pope asked.
"Yes, Your Honor. We believe Mr. Coulter manufactured the self-defense scenario."
"Perhaps with the assistance of Mr. Reynolds?" Pope asked.
Tracy was shocked by Pope's suggestion that Matthew Reynolds had sworn falsely in his affidavit. Reynolds was rigid, his face flushed.
"There is no evidence that Mr. Reynolds has been less than honorable in this case, Justice Pope," Abbie answered firmly.
"Besides," Justice Kelly interjected to shift the discussion from this unpleasant topic, "that issue isn't before us, is it, Counselor?"
"No, Your Honor."
"As I understand it," Kelly continued, "your position is that we must set aside the order of Judge Pogue, regardless of the truthfulness of the affidavit, because he had no power to order a nonparty to a criminal case to do anything."
"Exactly."
A tiny lightbulb at the front of the podium flashed red, indicating that Griffen's time was up.
"If the court has no further questions, I have nothing more to add."
Chief Justice Forbes nodded to Griffen, then said, "Mr. Reynolds?"
Matthew Reynolds uncoiled slowly, as if it took a great effort to stand, and walked to the podium. He was determined not to let his anger at Arnold Pope interfere with his duty to his client.
Reynolds took his time arranging his papers and put the insult behind him. As soon as he looked up, Justice Frank Arriaga, a cherubic little man with an easy smile, asked, "What about Mrs. Griffen's argument, Mr.
Reynolds? I've read her cases and they seem to support the state's position."
There was a hint of the Deep South when Reynolds spoke.
His words rolled along softly and slowly, like small boats riding a gentle sea.
"Those cases should not control this court's decision, Justice Arriaga.
The facts in the case at bar are substantially different.
Mrs. Franklin is far more than a grieving mother. We believe she may be covering up her son's criminal involvement in an attempted robbery.
Every moment we are barred from the Franklin home presents another chance for Mrs. Franklin to destroy evidence.
"And that leads me to my main legal point. The Due Process Clause of the United States Constitution imposes a duty on a prosecutor to preserve evidence in her possession that is