Directed Verdict (Failed Justice Book 1) (24 page)

CHAPTER 45

Billy Jo and Wally wasted no time in a huddle. It was necessary to make a final decision.

There was no question the State had not proved their case. Billy Jo mentioned he would renew his motion for a dismissal on the grounds the State had failed to prove a
prima facie
case, the motion that Judge Sugarman still had not ruled on.

“He won’t grant it. He’s too afraid. He’s afraid of everything. Including himself.”

Billy Jo looked at his client, who had just made the prediction. He had to agree.

“You know, Judge, you can’t prove a negative. I’m not sure we can gain anything by putting on any more witnesses. Either the jury believes you, or they don’t.”

“What are you telling me?” as if the judge didn’t already know.

“I think we should rest and take our chances.”

“You’re the boss and I have to agree with you,” responded Judge K.

“See you in the morning. Try and relax and get some sleep.”

“You too.”

***

Judge Sugarman glared at Juror Six.

“I hope everything went well yesterday.”

“Thank you, Judge. And my uterus thanks you.”

La’Tasha was not lying, only it wasn’t her uterus that was thankful.

The judge did not respond. He didn’t have too. Everyone else did.

“Mr. Gibson, call your next witness.”

Billy Jo approached the lectern and announced, “The defense rests.”

Billy had a smile on his face. No one knew the previous year he had purchased a new toy, a 32 foot twin engine fishing boat. He used it as much as he could when he was not trying cases. The name of the boat—
THE DEFENSE RESTS.

“Your Honor. I have several motions to make and one to renew. The one made at the end of the State’s case where you stated you would reserve decision.”

“Yes, I have given it due consideration. Denied. Next motion.”

Billy was not surprised by the decision, only by the totally unprofessional attitude the judge used. He did not bother to explain why, though he had no legal obligation to do so. It was the offhand manner which he was now using. Billy knew all the other motions he would make would probably be denied, but at this point he was thinking of an appeal and needed to build the record. Maybe he could goad the judge to say something really stupid; something that could be grounds for an appeal.

Billy now had a new mindset.

***

Two and a half agonizing hours later all motions had been made and all were either denied or taken under advisement. That meant the judge did not have the balls to deny every single motion in open court. He would send a written memo refusing to confirm. It was the coward’s way out, and no doubt, Judge Robert Sugarman was the classic coward. He put his own pride, ego, and lack of self-confidence far above the sacred rights of the accused.

He was not the first judge to act that way, and definitely would not be the last.

The cowardly lion was now dressed in black robes,
Billy Jo thought.

“If there is nothing else, I suggest the two of you sum up beginning at nine thirty. You may submit recommendations as to my charge to the jury in the afternoon, and the jury can begin deliberating the following morning. Any questions?”

In effect, what the judge was saying is that both of them have an hour and a half each for closing statements in a Murder One case. Neither side was particularly pleased but it was Sugarman’s show and he would run it any damn way he wanted.

“No, Your Honor.”

***

By tradition, the State sums up first. That gives the defense the last word. It also gives the defense the ability to rebut any allegations or false impressions the People may have suggested, whether on purpose or not.

Marta knew her entire case was circumstantial. No one actually saw the smoking gun. No one saw Wally pull the trigger. As to motive, killing someone who slept with an ex-wife thirteen years after the divorce was hardly believable. Fortunately the tapes made by Alexey were never sent to Marta. The farther he could distance himself from the defendant, the better. The fact Wally was a rogue judge did not help Marta’s case. Quite the contrary. He was a man of compassion, not one to destroy.

Her closing arguments were short, if not so sweet. She was finished in less than ninety-five minutes. As she thanked the jury for their patience and public duty, she knew in her heart she had not proven her case. Not beyond a reasonable doubt. Not beyond any doubt.

Win some; lose some. It’s the nature of the game.

***

“Mr. Gibson.”

Billy Jo had made detailed notes of what every witness stated; on direct and on cross. He had cross checked his notes and made colored lines in the margin. When he quoted directly from sworn testimony, he used a yellow or pink highlighter
.

“Thank you, Judge.”

The reference to Judge instead of Your Honor sailed over the head of all, except Marta and of course, Judge Sugarman. It was shading; a subtle but obvious means of communicating disrespect. The practice had originated in the Deep South with slaves more than a hundred fifty years ago. It was a way of being polite to their masters who owned them; yet letting everyone else know the deep disdain that was conveyed by a single word or gesture.

Billy started with the fact there was an obvious intent on the part of Judge Kolkolski to “help” the deceased by giving him a second chance. He then went on to discuss the fact he had virtually no contact with his ex since the divorce. She was certainly free to date and “entertain in her own home” whomever she pleased, regardless of age.

Several of the jurors appeared to be buying it. Juror One, Madeline Wallace, had made up her mind days ago. Sworn testimony was a mere waste of time. Roger Rabbitt and Susan Watts were too busy exchanging glances to listen very closely. La’Tasha was pissed off at the whole damn system. She felt no one gave a crap; it was all one big game.

“As to any record of a cell phone call to Judge Kolkolski, there was no record on Mr. Ricardo’s cell or house phone. The number recorded on the Judge’s cell phone was blocked. Someone made the call and didn’t want it traced back to them. What does that tell you about an obvious set up?”

Billy went back to his notes.

“Let’s talk about proof. Actual hard evidence. There is none. It’s that simple and everyone who has listened to the testimony the past week and a half knows it. Someone tricked Judge Kolkolski into entering the victim’s home, and we can all assume who, and cold-cocked the Judge, killed Anthony out of revenge for the rape we all know he committed, called 911 with a phony story of domestic abuse, and walked out the back door. The same back door that was never dusted for prints or properly secured by the shaken and inexperienced, rookie cop.”

“Beyond a reasonable doubt? It simply is not there. Ladies and gentlemen of the jury, as the judge will instruct you later today, if there is one percent of doubt, you must, you must find Judge Kolkolski not guilty. Thank you and God bless.”

Billy Jo felt good as he sat down. He had done his job and done it as good as any man. Now he had to wait for the court’s charge to the jury. Billy, along with Ms. Clarke, had already submitted their requests.

Wally began to breathe easier again.

CHAPTER 46

“Who do you believe?”

The jurors were forbidden to discuss the case with one another, with anyone for that matter, outside the jury room, and only after the judge instructed them on what to do and how to do it.

Susan and Roger had conveniently disregarded the rules.

“Who cares? He must have done something or they wouldn’t have arrested him in the first place. Besides, he admitted he set a guilty man free. That right there makes him guilty of something, doesn’t it?”

Madeline Wallace was talking to no one. That two-faced monster flirted with her during jury selection and since then, had not smiled at her once. She had purchased two new dresses and of course, the hair-do and coloring. She no longer trusted Mr. Billy Jo Gibson.

***

Judge Sugarman had worked long and hard on his instructions to the jury. He too, had his own agenda.

“Ladies and gentlemen. My role is very simple. I explain what the law is and how you are to apply it. If there is anything, anything at all you do not understand, a written message from you will be answered immediately. You have listened to Mr. Gibson and Ms. Clarke. They are the lawyers for the State and the accused. It is their job to submit theories; they are not the law itself. Their comments mean nothing. I am the law; I am the judge.”

Judge Sugarman then totally ignored the requests made by counsel. He gave what is commonly referred to as the “Hang Man’s Charge.” Billy knew he could appeal. He also knew appeals take time and money, a commodity Wally had very little of.

***

La’Tasha Williams had been selected as jury foreperson. Probably because no one else wanted it.

They would begin deliberation at nine the next morning. She was sure a verdict would be rendered by noon. This was an open and shut case as far as she was concerned.

“Let’s start off with a straw vote, just to see where we are. The charge we must consider is Murder One, Deliberate and predetermined murder of another human being. Everyone write down Guilty or Not Guilty on a piece of paper. Do not sign it, fold it twice, and lay it in the middle of the table here.”

La’Tasha carefully unfolded the papers over and marked down the results on a small piece of paper.

“Looks like we might be here for a while. Our vote must be unanimous.”

***

Five minutes later accusations were flying around the room. The initial vote was seven to five—for acquittal. The seven could not imagine what the other five were thinking.

“You weren’t even awake half the time. When you were, you were leering at whatever women had her legs uncrossed or had a shirt button missing.”

Brian Andersen took offense to the insults.

“Go screw yourself. You’re pissed because no one gave you a second look.”

When Roger Rabbitt and Susan Watts both voted for acquittal, they were accused of spending all their time passing notes back and forth to each other and not giving a damn what happened.

At times, the truth hurts.

“What can you possibly see in a skinny fag, unemployed actor?”

Susan was about to scratch the eyes out of Phyllis Fisher.

“Can we at least be civil to each other? If not, we’re going to be here a very long time.”

No one was about to make the first step. There were no apologies given. It was far too early for that.

For the next twenty minutes the insults flew. Then it became quiet. No one was willing to talk. To anyone, about anything. This went on till it was time to go home.

“Time to call it a day. I suggest we all think about the oath we swore to. A man’s life is at stake.”

La’Tasha knew it had not been a very productive day.

Not by a long shot.

CHAPTER 47

Billy Jo didn’t know what to think. The jury had been at it going on three days straight. He was now hoping for a hung jury.

Marta Clarke was gaining hope every hour. She had been sure a “Not Guilty” verdict would be rendered by noon the first day of deliberation. She was feeling twinges of remorse that she had been so wrong. Never a good sign by a prosecutor.

Judge Sugarman kept sending notes to the jury room asking what was taking so long. If they had questions to ask, they would be answered. If they wanted part of the transcript read back to them, just let the court know what section. If they needed exhibits, let the bailiff know.

The response. Silence. The jury wasn’t talking to anyone. The fact was, they were hardly talking to each other.

By the end of the third day another straw vote was cast. This time it was also seven to five. Seven for conviction, now only five for acquittal. Some would call it progress. Others would later say the swing votes were too tired to care.

At the beginning of Day Four, Sugarman lost his cool. He called the jury back in.

“Madam Foreperson, what seems to be the problem?

“We’re deadlocked, Your Honor. We have a hung jury.”

“Not in my courtroom, you don’t. Now you go back in there and concentrate on what you swore to do. Listen to each other. Recognize the other person may have a valid point. This is my first big trial. I don’t want to start off my career with a hung jury.”

Billy Jo listened to the judge in astonishment. He may have just gone a little too far. If his client was convicted, still a long shot in his mind, there were definitely grounds for an appeal.

***

José Morales, Juror Two was becoming less cocky. He was far less arrogant and aggressive. The judge made it clear, listen to the other jurors. Initially he was sure he was right. It had been a set up. Now he wondered if Kolkolski made up the whole scenario to make it look like he was the victim. He decided he was going to change his vote from not guilty to guilty.

Now the vote was eight to four, for conviction.

Roger and Susan were among the four. They were still holding out. They were also getting antsy. They had made other plans—with each other. Why couldn’t the other jurors see the obvious?

The other two holdouts were La’Tasha and Neil O’Brien. Everyone pretty much understood La’Tasha, she took no shit from anyone, and besides, Ms. Clarke had not proven her case. There were substantial questions that had not been answered. It could well have been the father of the rape victim. He had motive and one would guess opportunity. There had been some talk of his being connected with the Russian mafia. No one had any proof.

Neil O’Brien was the surprise. His attitude and demeanor had changed after the initial exchange with Phyllis Fisher, Juror Six. He had gone from an arrogant, non-caring prick to a questioning and insightful adult. Maybe he had been off his meds the first day. It was the only logical explanation.

“We have decided to change our votes. We now believe the defendant is guilty.”

The room stared at Roger and Susan. It was obvious they wanted to split and get this all over with.

“Why?” La’Tasha asked. She felt Roger and Susan needed to explain themselves to the others. What did they see that she was missing?

“We just changed our minds. We have that right and we don’t have to explain it to anyone. That now makes it ten to two. Are we all just going to sit here forever?”

It was less than a half hour later the court sent a message asking for a status report. How close were they to a verdict?

“Ten to two.”

The note did not specify who the ten were for, who the two were for.

“Please keep trying. Deliberations will continue through Saturday, if necessary,” the reply came back.

“He can’t do that. I have already made plans for Saturday,” commented Steven Block, the high school math teacher. “I’m going out of town for the entire weekend.”

“Saturday is the only day I have to shop and clean.”

“I planned on going boating with some friends,” piped in Juror Four, Phil Marlow, who had not spoken a dozen words since Day One.

All eyes in the room were now on La’Tasha and Neil.

“I change my vote to guilty.” Neil had just succumbed to the pressure. The count was now eleven to one.

“This is not how the jury system is supposed to work. I still vote not guilty.”

La’Tasha’s eyes challenged anyone in the room to argue with her.

“It’s four thirty and I’m tired. Nothing else will be gained today. Let’s go home and I suggest everyone think long and hard about their vote.”

With that, La’Tasha put her glasses in her purse, a sure sign she was about to get up and leave.