PART 3 — The Clock Was Running
The emergency hearing began by video conference at 2:40 p.m.
Elena presented an affidavit from the forensic technician confirming that the recorder appeared genuine and had not been altered.
The state prosecutor objected.
“This evidence has not been fully authenticated,” he argued. “We cannot determine who possessed this device or whether the voices are accurately identified.”
Elena leaned toward the camera.
“A child found it this morning. It contains statements by the prosecution’s central witness proving that he lied under oath. It also contains a direct instruction to place evidence in my client’s hand.”
The judge’s expression remained unreadable.
“The defense is requesting what remedy?”
“An immediate stay of execution and an evidentiary hearing.”
The prosecutor insisted that the voice identification was preliminary.
Elena’s voice rose.
“Then give us time to confirm it. That is the entire purpose of a stay. Mr. Cole cannot be restored to life if the state proceeds and later learns it was wrong.”
Back at the prison, Gavin had been returned to his cell.
Warden Mitchell stood nearby, receiving updates by telephone.
At 3:11 p.m., the judge denied the first emergency motion, saying the proper court needed additional documentation.
