But he couldn’t let him walk all over his client’s rights, either. “I must insist that we have a formal in-court probable cause hearing. So I can cross-examine Mr. Swain’s witnesses.”
“He’ll give you the names of all his witnesses. You can talk to them whenever you want.”
Ben tried to remain composed. “Sir, I want a court reporter in here. So we can make a record for the appellate court to review.”
The judge leaned across his desk. “Mr. Kincaid, I’m afraid you are beginning to get on my nerves. Are you suggesting that you’re already planning to take me up on appeal?”
“I have to consider the possibility, Judge. This case just isn’t being handled according to the proper procedures.”
“Goddamn you big-city lawyers!” Tyler pounded his fist on his desk. “You’ve been in my chambers for less than ten minutes and you’re already telling me how I should handle my cases!”
“I have to do my job—”
“Fine. Do your job. But stay the hell away from mine.”
“My client has an absolute right to a probable cause hearing—”
“Not anymore.”
Ben blinked. “What?”
“Mr. Payne has already waived the hearing and agreed to proceed to trial.”
Ben spun around and faced Payne. “Is that true?”
Payne grinned sheepishly. “Did I do bad?”
Ben slapped his palm against his forehead. “I don’t believe this. …”
“I thought it would help move matters along. …”
“Judge,” Ben said, “I was retained to advise Mr. Payne on criminal procedure. If you aren’t going to follow the procedures, then I’m of no use to him. I’ll have to withdraw from the case.”
“That motion will be overruled.”
“I beg your pardon?”
“You heard me. You asked to be admitted and I allowed it. I’ll not permit you to turn around a few minutes later and withdraw. What is this, some kind of game to you? In, out, in, out. I don’t allow lawyers to do the hokey-pokey in my courtroom.”
“You can’t force me to stay on this case!”
“Mr. Kincaid, I suggest that you refrain from telling me what I can and cannot do. If you do not proceed with this case to the full extent of your abilities, I will hold you in contempt of court. And let me inform you that our sheriff takes my contempt orders very seriously. Got it?”
Ben bit down on his lower lip. “Got it.”
“Now let’s not have any more of these improprieties.”
“Improprieties? From me?” Ben knew he should remain silent, but he just couldn’t. “I came here expecting an impartial hearing, and instead I got a judge who won’t follow procedure and a DA who’s baby-sitting!”
Tyler’s jaw clenched tightly shut, but he still managed to speak. “Let me put a bug in your ear, Mr. Kincaid. You may think we’re just a bunch of hicks out here. You may think I’m some redneck judge who doesn’t know what he’s doing. Well, I went to law school just like you, mister. I run a clean courtroom, and your boy’s going to get a fair trial, whether I particularly care for him or not.”
“I never meant to suggest—”
“Let me tell you something else. This town wasn’t always the happy hamlet I’ve lived in the past thirty years. Back in the Fifties and Sixties, we had the KKK crawling all over us—protests, race riots, lynchings. It was a hellhole. Town barely survived.”
Judge Tyler swiveled his chair around and gazed out the window. “Maybe I wasn’t as strong back then as I should’ve been. Maybe I didn’t do all I could’ve done. Well, I’m not making that mistake twice. I’m not letting this … ASP gang tear apart my town. I’m—”
“ASP is not on trial, Judge—”
Tyler rose to his feet. “Mr. Kincaid, do not interrupt me again!” He allowed an uncomfortable silence to pass before he returned to his seat. “Since your client’s friends came to town, they’ve been terrorizing folks and frightening everyone half to death. If this continues, pretty soon Silver Springs won’t be a