Chapter 36

After Elena sat down, Judge Garner pored over the motion, and his notes. He took his reading glasses off, and twirled them in his hand, and then addressed Frank and me.

“You have a very good attorney, Mr. Peoples.” He smiled at us. “But, the State is right, even though there’s DNA to suggest a third person could have committed the murder of Hannah King, I don’t believe that the standard addressed in this case applies. I’m denying the motion.” He leaned forward, and gathered the motion to put in the file. “We’ll have to let the jury decide.”

I stood up and took the next step Frank and I talked about. “Judge, would the court consider releasing my client on his own recognizance considering there’s been change of circumstances in the State’s prosecution?”

Without hesitation, Elena objected. “Judge there’s been no rehearing set on his bond, or status scheduled before the court.”