Strategic Moves (Stone Barrington 19) - Page 78

“So do I.”

The following morning they took a walk along the snowy shore.

“This place is more fun when we can take out a boat,” Stone said.

“Last night made up for the absence of boats,” Willa replied.

“That’s your fault,” Stone said. “You were irresistible.”

“A girl likes to be irresistible,” she replied.

“Tell me, what brought Herbie Fisher to the attention of someone as lofty as you in the DA’s office?”

“As part of my ADA’s supervision, I read a memo describing her—how shall I put it?—negotiation with you.”

“And?”

“It read more like a capitulation,” Willa replied. “I had a few words with her about that, and next time she encounters a defense lawyer she’ll be a lot tougher.”

“The young woman saved your office the expense of a prosecution that you’d have lost and the resulting embarrassment,” Stone said. “Speaking as an ex-cop who enjoyed putting criminals away, I think she made the right call. So does Dino, you’ll remember.”

“I can’t judge my people by what the cops think of them,” Willa said.

“I should have thought that the cops’ opinion of a prosecution would be a very important factor in judging new ADAs,” Stone said. “It doesn’t take any guts to bring a case to prosecution, if there’s any kind of case at all, but it takes some guts and smarts to look at the evidence and see that it’s not enough for a conviction.”

“Maybe, but a different, more experienced prosecutor might have come to a different conclusion about the evidence.”

“No,” Stone said, “if I had been talking to you instead, you would have come to the same conclusion.”

“And why do you think that?”

“Because in a case like Herbie’s, I’m a better defense attorney than I was a lover last night.”

“You think you’re that good, huh?”

“As an attorney, yes.”

“And if I’d tried the case, you think you could have got an acquittal?”

“I’m sure of it, but the greater skill lies in seeing that a case never comes to trial. Look at it this way: I did your office a favor.”

“You have a high opinion of yourself, don’t you?”

“I’m a good, pragmatic judge of what I can and can’t do,” Stone said. “If you’d had evidence that was conclusive, I’d have been looking to make a plea deal. As it was, I wouldn’t have allowed Herbie to accept any offer you made short of a withdrawal of charges.”

“I’ve probably been involved in a lot more such cases than you have,” she said, “during fifteen years of prosecution, and I’m a good, pragmatic judge of what’s possible in a courtroom.”

“What’s your conviction rate in the cases you’ve brought to trial?” Stone asked.

“Personally?”

“No, of the cases you’ve approved for trial, both yours and your subordinates’?”

“About eighty-five percent,” she replied.

“That’s very good,” Stone said, “but in those of my cases that were tried and I felt should neve

r have gone to trial, my acquittal rate is one hundred percent. Overall, it’s about the same as your conviction rate.”

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