It was 11.30 am. I was standing behind defense table, arguing to have my client’s case dismissed.
I was also really pissed off. You see, I’d been waiting in court for the DA to be ready to put on their preliminary hearing.
Around 8.30 that morning, while the Court staff statused the cases for the day, the District Attorney said “Your Honor, I have good contact with my witness, and they are on their way in”.
“Ok”, said the judge. “Witness hold”. She turned to me “Counsel, please come back at 10 for a status of witness”.
“Of Course, Your Honor” I said. The witness already hadn’t shown twice, and the case was marked “Must-be-Tried Commonwealth”—e.g., if the witness didn’t show up, the case would be dismissed. My client had been arrested five months prior and had been sitting in custody ever since on $100,000.00 bail. He was anxious to get out. I was anxious to get him out. I wanted to get this case over with. “I’ll be back around 10.00 Your Honor, thank you”, I said before I left the courtroom, off to the number of other courtrooms that commanded my attention that morning.
That was three hours ago. I’d taken care of my other cases in my other rooms, and I had been waiting since 10 for the District Attorney to come back. He’d walked in the room at 11.29.
The first words out of his mouth: “Your Honor, my witness can’t make it in today”.
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