found Stall running before they found her.”
Mary could imagine the horror of that night, for Allegra. “So what was the defense?”
“Brandt argued in his opening that there was no evidence of motive, and reasonable doubt that Stall was the doer, and Stall testified himself.”
“That’s practically malpractice. What’s his side of the story?”
“He said he ran up to the conference room because he heard a shout. He saw Fiona on the floor, got blood on his hands when he covered the wound to try and stop her bleeding, and got his saliva in her mouth when he tried to resuscitate her.”
“That’s not CPR procedure anymore, is it?”
“No. And he says the cut on his hand happened in the kitchen that night when he cut limes.”
“Did the chef testify?”
“Yes, but for the Commonwealth. He said that he didn’t ask Stall to cut any limes.”
Mary mulled it over as she drove. “So when Stall hears a shout, he goes to see what it is himself? He doesn’t tell anyone? He doesn’t call security? It does sound fishy. Why doesn’t Allegra think that’s fishy?” She hit the gas, heading west toward Valley Forge. “How did they prove motive?”
“Mel’s opening argued Stall must have tried to push himself on her, and when she resisted, he killed her. If you have blood, skin, hair, saliva, and positive IDs, that’s enough evidence of motive.” Judy closed her legal pad. “Plus maybe they made something of it on cross. We’ll have to see the transcript or talk to him, and in any event, remember, it didn’t go to the jury. Stall pled guilty after he testified.”
Mary nodded. It was hard to believe Stall was innocent if he had pled guilty, but she knew that it happened, having had a false confession case before, in which a man pled guilty to protect someone else. “So the day he testified he was innocent, he pled guilty?”
“Yes, and we can both guess it didn’t go well for him on the stand. That’s probably why.”
“I wonder how often that happens, that someone takes a plea deal after trial has commenced?”
“It happens.”
“But why does the Commonwealth offer it, after they’d been put to the trouble of a trial, and especially after his testimony went south?”
“A deal is still better than the risk of an acquittal. They get a guarantee, and no appeals.”
Mary thought of another angle, too. “It probably looks better for the D.A. if Stall pleads out, instead of being convicted, in a case with racial overtones, and class, too. Then there’s less question of his guilt in the press.”
“Excellent point, and the case did get a lot of press.” Judy looked over, nodding. “How did you figure that out?”
“I’m an expert on guilt. I have enough for every felon in the Commonwealth.” Mary managed a smile. “Who was his other witness?”
“His mom.” Judy paused.
“So what was his deal, in the end?”
“Let me take you through it. He was charged with first degree murder, which carries only two possible penalties, death or life without parole. LWOP, as they say.”
Mary snorted, never having liked the acronym. “Italians don’t like the WOP part.”
Judy smiled. “It’s not a death case, he has no record and no aggravators.”
“Right, and second degree murder doesn’t apply, since that’s murder in the course of a felony.”
“Yep, so the Commonwealth reduced the killing to third degree, which has a statutory maximum of twenty to forty. He pled guilty to twenty-five to fifty.”
“So they increased it during trial.”
“Because he didn’t take it the first time. At twenty-four, he’s in Graterford until he’s fifty, at least.”
Mary felt a twinge. “Did he appeal the guilty plea for any reason?”
“No.”
“Did he file for post-conviction relief, based on ineffective assistance of counsel, in connection with the plea?”
“No.”
Mary steered the car past the City Line exit, at speed. “So if he’s innocent, all he has is us.”
“No, he
Mary could imagine the horror of that night, for Allegra. “So what was the defense?”
“Brandt argued in his opening that there was no evidence of motive, and reasonable doubt that Stall was the doer, and Stall testified himself.”
“That’s practically malpractice. What’s his side of the story?”
“He said he ran up to the conference room because he heard a shout. He saw Fiona on the floor, got blood on his hands when he covered the wound to try and stop her bleeding, and got his saliva in her mouth when he tried to resuscitate her.”
“That’s not CPR procedure anymore, is it?”
“No. And he says the cut on his hand happened in the kitchen that night when he cut limes.”
“Did the chef testify?”
“Yes, but for the Commonwealth. He said that he didn’t ask Stall to cut any limes.”
Mary mulled it over as she drove. “So when Stall hears a shout, he goes to see what it is himself? He doesn’t tell anyone? He doesn’t call security? It does sound fishy. Why doesn’t Allegra think that’s fishy?” She hit the gas, heading west toward Valley Forge. “How did they prove motive?”
“Mel’s opening argued Stall must have tried to push himself on her, and when she resisted, he killed her. If you have blood, skin, hair, saliva, and positive IDs, that’s enough evidence of motive.” Judy closed her legal pad. “Plus maybe they made something of it on cross. We’ll have to see the transcript or talk to him, and in any event, remember, it didn’t go to the jury. Stall pled guilty after he testified.”
Mary nodded. It was hard to believe Stall was innocent if he had pled guilty, but she knew that it happened, having had a false confession case before, in which a man pled guilty to protect someone else. “So the day he testified he was innocent, he pled guilty?”
“Yes, and we can both guess it didn’t go well for him on the stand. That’s probably why.”
“I wonder how often that happens, that someone takes a plea deal after trial has commenced?”
“It happens.”
“But why does the Commonwealth offer it, after they’d been put to the trouble of a trial, and especially after his testimony went south?”
“A deal is still better than the risk of an acquittal. They get a guarantee, and no appeals.”
Mary thought of another angle, too. “It probably looks better for the D.A. if Stall pleads out, instead of being convicted, in a case with racial overtones, and class, too. Then there’s less question of his guilt in the press.”
“Excellent point, and the case did get a lot of press.” Judy looked over, nodding. “How did you figure that out?”
“I’m an expert on guilt. I have enough for every felon in the Commonwealth.” Mary managed a smile. “Who was his other witness?”
“His mom.” Judy paused.
“So what was his deal, in the end?”
“Let me take you through it. He was charged with first degree murder, which carries only two possible penalties, death or life without parole. LWOP, as they say.”
Mary snorted, never having liked the acronym. “Italians don’t like the WOP part.”
Judy smiled. “It’s not a death case, he has no record and no aggravators.”
“Right, and second degree murder doesn’t apply, since that’s murder in the course of a felony.”
“Yep, so the Commonwealth reduced the killing to third degree, which has a statutory maximum of twenty to forty. He pled guilty to twenty-five to fifty.”
“So they increased it during trial.”
“Because he didn’t take it the first time. At twenty-four, he’s in Graterford until he’s fifty, at least.”
Mary felt a twinge. “Did he appeal the guilty plea for any reason?”
“No.”
“Did he file for post-conviction relief, based on ineffective assistance of counsel, in connection with the plea?”
“No.”
Mary steered the car past the City Line exit, at speed. “So if he’s innocent, all he has is us.”
“No, he
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