No Way Out. David Kessler
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handed Claymore a copy of the statements. Claymore picked it up and started reading through it as Alex spoke.
‘She said she now thought that he was in his fifties. But she explained that the reason for the change of heart was because she had actually seen him again.’
‘What do you mean seen him again?’
‘I mean saw you. Not in the flesh, but on the TV. She said she was passing an electronics store and she saw you on a TV screen in the display window. It was your show. And that was when she realized – so she said – that it was you.’
‘But didn’t they notice the age difference? Didn’t they ask her to explain the discrepancy?’
‘They did, but she just said she was mistaken. She claimed that she was under stress. Which is reasonable.’
‘But how can stress make her mistake fifties for twenties?’
‘That’s the question they don’t seem to have asked. Or if they did, they didn’t receive any answer, as far as I can determine. And that’s the question that we’re going to ask if this case goes to trial.’
Wednesday 15 July 2009 – 12.40
‘The defendant, Elias Claymore is charged with Rape under section 261, Part a, Paragraph 2 of the California Penal Code. How do you plead, Elias Claymore: guilty or not guilty?’
‘Not guilty.’
Claymore sat down, looking around the courtroom nervously. They were in Court 11 of the Rene C. Davidson Courthouse on Fallon Street in Oakland, before Justice Roberts.
Alex remained standing. ‘Your Honor, at this stage I would like to renew my request for bail in accordance with my written submissions.’
Sarah Jensen, who had hung on to the case for the time being, rose to reply. But the judge stayed her with a raised hand.
‘I’ve considered your submissions carefully, Mr Sedaka, but I see no reason to reopen the original decision to deny bail. This is truly an exceptional case, but I am bound to consider the defendant’s past as an escapee and for this reason I cannot grant bail.’
Alex gritted his teeth. It was particularly hard on Claymore, because he was still being held at the pre-trial detention facility in Ventura. To get to this ten-minute hearing, he had been driven for 6 hours across 375 miles.
‘In that case, Your Honor, I move that the defendant be transferred to the Santa Ritter jail in Alameda County.’
‘So ordered. Now, regarding the trial date. I see that the Information was filed in Ventura County on June twenty-sixth. That means the trial must commence by August twenty-fifth. I also see that there’s a vacant slot on Justice Ellen Wagner’s docket in Court Seven between August seventeenth and September fourth. Does that allow enough time for the trial?’
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