lawyers who would abuse it. He was fearless in his rulings and always fair. In short, he was the perfect judge for this case.
“Good afternoon, gentlemen,” the judge said. “Please identify yourselves for the record.”
Swann stood and identified himself. I followed suit, and the judge said, “I take it, Mr. Royal, that this retirement isn’t working out too well for you.”
“I just help out a friend now and then, Your Honor.”
The judge chuckled. “Are we ready to proceed?”
“Yes, sir,” Swann and I said in unison.
“If the defendant will stand, I’ll read the charges,” the judge said.
I stood. “Your Honor, we’ll waive the reading of the charges. My client pleads not guilty. I filed a motion for bail that I’d like heard this afternoon.”
“Okay, Mr. Royal. Mr. Prosecutor, did you get a copy of defendant’s motion for bail?”
“I did, Your Honor. Of course, we object.”
“What’s the basis of your objection?”
“The defendant is charged with second-degree murder, and I think that will be increased to first degree as soon as we get to a grand jury. Because a gun was used in the murder, the defendant would be subject to a sentence of life in prison even if she were only convicted of second degree. The rules provide that there’s no bail under those circumstances.”
“I’m familiar with the rules, Counselor. And there’s an exception. There’s always an exception. What is your evidence of a high probability of conviction?”
“The Florida Department of Law Enforcement agent who is leading the investigation is here to testify, Your Honor. Agent Lucas.”
“Okay. Agent Lucas, we don’t have a witness stand in this room, so you can stay where you are. Please stand so that I can swear you in.”
When Lucas was duly sworn, the judge said, “Your witness, Mr. Swann.”
Swann stood and looked at Lucas. “State your name for the record.”
“Wesley Lucas.”
“Your occupation?”
“I’m an agent with the Florida Department of Law Enforcement.”
“What is your job in relation to the case we’re here on?”
“I’m the lead investigator.”
“Have you reviewed the evidence that led to the arrest of the defendant, Abigail Lester?”
“Yes, sir.”
“Did you order her arrest?”
“Yes, sir.”
“Based on what?”
“The evidence at the scene points to her guilt.”
“What evidence did you find?”
“Her fingerprints were in the victim’s condo.”
“Where did you find the fingerprints?”
“On a wine glass on a bedside table in Mr. Bannister’s bedroom.”
“Anything else?”
“There were emails from the defendant to the victim on the victim’s computer.”
“How many?”
“About ten.”
“Over what period of time?”
“The week leading up to the murder.”
“Have you read those emails?”
“Yes, sir.”
“Was there anything in them that led you to believe the defendant was more than just an acquaintance of the victim?”
“Yes, sir.”
“Please tell the court what that was.”
“The emails were a bit salacious.”
“What do you mean?”
“You know, sexy. Like sex talk between lovers.”
“Anything else?”
“In the last email, the defendant threatened to kill the victim.”
“What was the date of that email?”
“March thirty-first.”
“The day Mr. Bannister was killed,” Swann said.
“Yes.”
“Anything else?”
“There was semen and vaginal secretions on the bed sheets in the victim’s room.”
“Have you checked for DNA?”
“Yes, sir. The semen was the victim’s. We weren’t able to compare the DNA in the vaginal secretions to the defendant.”
“Why not?”
“We have no exemplars of her DNA. We’ll be getting a court order for that.”
“Anything else?”
“The bullet that killed Mr. Bannister was from a thirty-eight caliber revolver. We found the casing in the bedroom and the bullet in his brain.”
“What significance is that?” asked Swann.
“The defendant is the
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