There is no jury.The prosecutor generally calls only two or three witnesses and the defense is permitted only to call witnesses who can directly rebut what was said by the prosecution. For that reason, the defense rarely even cross-examines the witnesses. It lets the prosecutor know the defense strategy and it is a monumental waste of time. If the grand jury indicts a ham sandwich, it is a foregone conclusion that it will most likely stand trial.The judge must only find the state has a reasonable chance to convict the accused and then schedule a trial. For this reason (and a multitude of others, mostly involving the difference between what attorneys bill for in-court and out-of-court appearances), about 60 percent of defendants simply waive the preliminary hearing, admit there is enough evidence for the court to bind them over for trial and move on.But not this time. This time, I was going make Tony Baker give me a preview of his case-in-chief and I'd do my best to shred his. “Did we overdo a tad last night? Hmmmmm?”“Sorry, Meredith, I was still sleeping is all ... What can I do for you now that I’m awake?” I said, while still wiping the sleep from my eyes. The bedside clock read 8:00.“Sorry to bother you so late in the morning,” I swear I could actually hear her smiling at her own wit, “but this is important. I just got off the phone with Melinda. It turns out that they just got off the phone with the Metropolitan Ballet’s dance master. He needs some dancers to fill in for a rash of injuries, so Melinda, Amanda, and Tori are all heading to New York ASAP! So, it looks as if we will be short a few riders on our team for STP. They are truly sorry and all but, hell, let’s be frank! In their position, which would you do? Ride a bike two-hundred miles or dance at the Met?”“You know, to be honest, if I was in their position I wouldn’t hesitate. I would be so gone you wouldn’t even hear the shock wave ... Have they left yet? I’ll call and wish them good luck, or.
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