Motion to Dismiss Read Online Free PDF Page A

remember."
    I drove Grady home, dropping him off at the door without going in myself. I figured Nina and Grady had a lot of ground to cover in private.
    "I'll come by this evening," I told him. "Fill you in on anything new I learn."
    Then I headed back downtown to see Madelaine Rivera, the prosecutor assigned our case. Muni court, where we'd been earlier that afternoon, is housed in a boxlike building that also holds the city jail. The offices of the district attorney, along with superior court, are located in a historic and charming, if less well-appointed, building that actually looks like a courthouse.
    I took the elevator to the ninth floor, passed through the D.A.'s reception area, and knocked on Madelaine's door. Our paths had crossed professionally in the past, and although I didn't know her well, we were on good terms.
    "Hi, Maddy," I said leaning into the office. "You got a minute?"
    She looked up and smiled briefly. "Three of them. But no more. I've got a hearing I need to prepare for."
    Madelaine Rivera is shorter than I am, probably about five three, and thickly built. Her hair is dark, as are her eyes. She's not unattractive, but there's a harshness about her that, in my opinion, detracts from her appearance.
    "Is this about the Barrett hearing?" she asked in her customary clipped tone.
    I nodded, slipping in to take the seat across from her. "You really think you have a strong enough case to take this to trial?"
    "I wouldn't have pushed for an arrest if I thought otherwise."
    "It's my client's word against the woman's."
    "It usually is."
    I crossed my arms and leaned back. "Grady Barrett is going to be a strong witness." It was the same argument I'd discounted last evening with Marc. And I wasn't any more convinced now than I had been then. But Madelaine Rivera didn't have to know that.
    She bunched a handful of wiry hair with her fist and pushed it off her face. "I know who he is. I saw that big writeup about him in the paper last week. One of the Bay Area's entrepreneurial hotshots. But that doesn't mean he's not human. Even priests and presidents screw up." She smiled. "Frequently by screwing around."
    "I'm serious, Maddy. It's not just his reputation. Grady's a believable guy. He's got that charming, sincere demeanor that wins people over."
    "Are you saying that good-looking guys shouldn't be held accountable?"
    "He didn't rape her. The woman's story is going to unravel before your eyes."
    "Now, where have I heard that before?" Her voice was thick with sarcasm.
    There was a shuffling sound in the hallway. Madelaine turned and smiled at the lanky blond cop outside her door. "You waiting to see me?"
    He gave her a look, something between a grin and a wink. "I'll catch you later."
    She turned back to me and for just a moment I caught an unexpected softness in her eyes. Then it was gone.
    "Guys like your client think they're above the law," she said, sounding as though she were winding up to address a political rally. "The way they see it, they don't have to answer to anyone. And if you ask me, they get away with it far too often. It's an opinion shared by a lot of folks out there, I might add."
    "Is that why you're pushing this forward? To get even with guys who've managed to make it to the top?"
    Madelaine rolled her pen between her palms. "What I'm doing is upholding the law."
    "What about this complaining witness, Deirdre Nichols?" I heard the sneer in my voice, and I didn't like it. "How's she going to stack up against a guy like Grady?"
    The corners of Madelaine's mouth twitched. "Better than you think."
    "She let herself get picked up at a bar. How smart is that?"
    "It was a private party, not that it matters. And Ms. Nichols isn't some simpleminded airhead. She's got a steady job and a young daughter. She does the mom thing for the kid's birthdays and holidays. Goes to church regularly, plus she's taking classes at night to get her degree."
    Great. A regular Ms. Wholesome.
    "Anyway, we've got more than