~Mulrooney's defense is claiming that Gabrielle Roth does exist
~They have 24hrs to produce evidence.
Connie Rubirosa: *Connie arrives in court for the pre-trial motion - some sort of motion to suppress some part of the evidence*
Ted Fairwell: *Ted also arrives fully prepared for the motion hearing*
Judge: Counselors. I have before me a motion to suppress evidence related to the trial of Kevin Mulrooney. *looks through papers* Clothes found at the defendant's residence, belonging to a 'Gabrielle Roth.' Mr. Fairwell?
Ted Fairwell: That is correct your honor.
Judge: And your reasons are?
Ted Fairwell: Ms. Roth's clothes were located in Mr. Mulrooney's closet and when the police seized her clothing they violated her privavcy.
Judge: Ms. Rubirosa?
Connie Rubirosa: *trying not to laugh* Gabrielle Roth doesn't exist, Your Honor, and the defense well knows it. "She" is Kevin Mulrooney's...for lack of better phrase, alter ego. He's a cross-dresser. He admitted to being "Gabrielle" to police detectives.
Ted Fairwell: Mr. Mulrooney was coerced into that confession by the detectives who failed to allow him to obtain council during the interrrogation. I've filed another motion adressing that.
Connie Rubirosa: Mr. Mulrooney confessed to being Gabrielle Roth before he was arrested. He's an attorney himself, who knows his rights, although the Major Case detectives did advise him of them. Since he is Gabrielle Roth, there is no expectation of privacy, as a search of his things were covered in the warrant.
Judge: Mr. Fairwell?
Ted Fairwell: The prosecution is mistaken in that my client is not Ms. Roth and claimed to be only to keep the police from away from questioning her.
Connie Rubirosa: In that case, if the defendant prevented the police from capturing Ms. Roth, he's also guilty of aiding and abetting. *glares at Ted* However, there's absolutely no record of a Gabrielle Roth before [insert # of yrs] when Mr. Mulrooney invented her. If she's alive, then the defense should be compelled, by all means, to produce her.
Judge: Ms. Rubirosa raises a point, Mr. Fairwell.
Ted Fairwell: The defense is working on tracking her down.
Connie Rubirosa: If Mr. Fairwell truly believes that Gabrielle Roth is more than a figment of his client's imagination, he should be preparing his own competency defense in front of the State Bar.
Ted Fairwell: Your honor. *attepting to get the judge to say Connie is out of line*
Judge: That's enough, Ms. Rubirosa. *and then, to Ted* Mr. Fairwell, you and your client have until tomorrow at noon to produce evidence that Ms. Roth does in fact exist.
Connie Rubirosa: Your Honor!
Judge: Mr Mulrooney will continue to be held on the same terms until then.
Connie Rubirosa: Your Honor, this is ludicrous. You're legitimizing the absurd claims of a cold-blooded killer.
Ted Fairwell: My client has the right to prove that he is not guilty.
Judge: Ms. Rubirosa, I'll advise you to keep your commentary to yourself. If the People's prosecution hinges on Ms. Roth being non-existent, I'd suggest your detectives provide proof at trial.
Connie Rubirosa: *clamps her mouth shut*
Judge: We will reconvene tomorrow at nine am.
Connie Rubirosa: *is pissed*
Ted Fairwell: *is worried and nervous*
Connie Rubirosa: *grabs her briefcase and turns to go, pauses before she passes Ted* Nice, Fairwell. You'd better serve your client by convincing him to get a 730 exam*
Ted Fairwell: *gathering up his things* And you think I didn't try?
Connie Rubirosa: You know as well as I do that Roth is a sham. *glarey* But please, continue to waste time and taxpayers' money. *leaves*