Directed Verdict (Failed Justice Book 1) (25 page)
Read Directed Verdict (Failed Justice Book 1) Online
Authors: Rick Santini
“They can’t do that. I won’t allow it. You go out and bring every last one of them back to the jury room and they will stay there till I release them. I might just order them sequestered until they reach a verdict. I don’t care if it takes till Christmas.”
“I’m sorry, Judge, they have all left the building,” the bailiff meekly reported.
Damn them all. They’re out to make me look bad.
Bob Sugarman was now getting totally paranoid.
***
“Hon, your mother called. Your father’s not doing well. He’s back in hospice. They don’t expect him to last too much longer. I think we should plan on going down to Naples over the weekend.”
La’Tasha dropped her purse on the table and looked at her husband.
Not this. I can’t handle it and the doctor said to keep the stress to a bare minimum.
She had a feeling if a verdict was not reached by Friday, the day after tomorrow, the jury would be locked up in some hotel for the weekend. She now had the decision of her life—a man’s life who she hardly knew or saying goodbye to her father, who she had loved dearly for the past thirty-three years. La’Tasha knew she could never budge the other eleven. It was now a question of a guilty verdict or a hung jury. There was no question the pig-headed judge would sequester them for as long as he could, to protect his precious reputation.
Clearly this was not what Thomas Jefferson had in mind when he prepared the original Bill of Rights.
***
“Has the jury reached a verdict?”
“Yes, Your Honor.”
“How say you?”
La’Tasha was so ashamed of herself she could not look anyone in the eye. Neither the judge nor Mr. Kolkolski.
“On the single count of Murder in the First degree…guilty.”
No one said a word. The judge was so pleased they had reached a verdict, any verdict; he wanted to stand up and scream.
He barely controlled himself.
Wally looked at Billy for help.
“Don’t worry, we’ll win on appeal. Sugarman screwed up at least a dozen times,” Billy Jo whispered.
He had to say something. Anything.
Hearing that didn’t help much. Appeals take time. The appellate court was never in a hurry to overturn a trial court judge in a capital case. That alone caused Wally to sit down again. His knees were weak.
“Permission to poll the jury?”
“Of course, Mr. Gibson.”
All of a sudden Judge Sugarman was feeling good and now had all the time in the world. No one was going anywhere…until he said so.
This is my courtroom and now the whole damn world knows it.
“Juror One, is this your true and correct verdict and did you render it without force or coercion from anyone?”
“Yes sir.”
“Juror Two, is this your true and correct verdict and did you render it without force or coercion from anyone?”
“Yes sir.”
When it came to Juror Six, La’Tasha Williams, she could not look Billy Jo in the eye. She hesitated before responding. Everyone in the courtroom had their eyes on her. Sugarman was just daring her to say no.
“Juror Six, would you like me to repeat the question? Are you telling me, telling the court, telling Judge Kolkolski sitting over there, that you truly believe that he is guilty of murder?”
“I’m having stomach pains. I think I’m going to get sick. May I pleased be excused, Your Honor?”
La’Tasha did not wait for an answer. She rushed out of her seat, the last one in the first row, and ran to the ladies’ room. She could not bring herself to answer truthfully.
“Ten minute recess, everyone. You may remain in your seat until Juror Six returns.”
Twelve minutes later Juror Six sheepishly returned to her assigned seat.
“My apologies, Judge.”
“I hope you’re feeling better Juror Six. Mr. Gibson, would you please repeat the question?”
Billy Jo came as close to the jury box as was permitted. Probably a few steps too close and in a soft, patient voice repeated the question.
La’Tasha refused to raise her head. She stared at her feet and in the quietest voice possible stated, “May God forgive me, yes.”
Billy Jo could not believe what he just heard.
“Could you please repeat what you just said, Juror Six?”
“May God forgive me, yes.”
Billy Jo turned to the bench.
“Side bar, Your Honor.”
If looks could kill, Billy Jo would have just spoken his last word. Judge Sugarman mumbled two words.
“Chambers. Now.”
***
“You heard her, Judge, the court reporter heard it, everyone in the courtroom heard her. She said, ‘May God forgive me, yes.’ That is not a yes in my mind. The vote is not unanimous.”
“I disagree with you, Mr. Gibson, and last I looked, I am still wearing the robes. Juror Six is obviously a very religious woman. She took her oath seriously and was pained to find another human being guilty of taking another man’s life. Is there anything else? If not, let’s get back inside and finish this case up.”
Marta decided to say nothing. This was not her fight and she had absolutely nothing to gain.
“I will be making some motions after the jury is polled.”
“I’m sure you will, Mr. Gibson, I’m sure you will.”
Make all the damn motions you want; and I’ll deny every last one of them.
Billy Jo polled the remaining six jurors, who became very quiet. He then asked if the judge would hear his motions.
“In the morning, Mr. Gibson, it’s been a long day.
“Bail is revoked. The defendant is remanded to the city jail. Motions will be heard at 10:00 a.m. The jury may report at 2:00 p.m. Adjourned.”
Sugarman could not wait to get home and have a stiff drink—or two.
Billy Jo stayed with Wally as long as he could. Finally the deputy leaned over to him.
“Sorry, Mr. Gibson, I’m just doing my job.”
Wally was led out the special side door in handcuffs and leg irons. As if he was going somewhere.
Marta Clarke could not look anyone in the face. If ever there was a miscarriage of justice, this was it.
“All rise.”
Billy Jo thought carefully how he would present his motion. He had a sick feeling he already knew the answer. He rose and walked to the lectern.
“Your Honor, if ever there was a case for a directed verdict, this is it. This one cries for justice. You saw Juror Six waiver. Ms. Clarke’s case was built on a deck of cards. There was not one scintilla of proof my client was even in the same room at the time the murder took place. There are no fingerprints or gun residue on my client. Nothing. The police made no effort to secure the crime scene or question Alexey Cummings or whatever his real name is. This was a setup and everyone who sat here for the past week and a half knows it.”
“Apparently the jury did not know it, Mr. Gibson.”
Billy Jo just glared at the judge. The response was totally unjudicial. He knew all further arguments would be a waste of time. The judge made his call on this one a long time ago.
“Mr. Gibson, I will give you my ruling in the morning. Now if there is nothing further…”
“May I make one last point, Your Honor?
Billy Jo was now pulling out all the stops. At this point he had nothing to lose.
“Go ahead, Counselor.”
“There is precedent for my motion. In this very courtroom, as a matter of fact. The two most important individuals in that case are right here in this courtroom today.”
“I would strongly suggest you not go there, Mr. Gibson.”
Billy Jo ignored the warning.
“I’m going to build a record in the event there is need for an appeal. The case I am referring to was People vs. Anthony Ricardo. The defendant was found guilty of rape by a jury of his peers. The attorney for the defendant moved for a directed verdict and the court granted said motion. If I am not mistaken, you, Your Honor, was defense counsel at the time and the judge was the Honorable Walter A. Kolkolski. If that is not sufficient precedent, I don’t know what is.”
The two of them just stared at each other. If Sugarman could have held Billy Jo in contempt of court, he would have done so in a New York minute. Of course there was contempt, but the judge could legally do nothing about it.
“Are you now finished, Mr. Gibson?”
“For the moment, Judge. Just for the moment.”
Sugarman was about to bang his gavel signaling for a break in the action when Ms. Clarke stood up and quickly approached the bench.
Sugarman had just about reached the end of his rope.
“Yes, Ms. Clarke.”
“Judge, may I please be heard?”
“I suppose so, Ms. Clarke. I just don’t see why? You’re way ahead in the game. What can you possibly add?”
“Judge, I’m not ahead. And this is hardly a game. I am an Assistant District Attorney. I am also an officer of the court. I am not interested in who wins or loses, only that justice prevails. For the record, the People do not oppose the motion.”
“Ms. Clarke, do you have any idea what you are saying? Mr. Gibson here just asked I vacate the finding of the jury. The same jury you have spent the better part of two weeks trying to convince that Mr. Kolkolski was guilty as hell. Now you are suggesting the jury was wrong. That you were wrong. Is that what you are now telling me?”
“Again, Your Honor. It’s not about winning or losing, it’s all about right or wrong. I was doing the job I was paid to do. I am suggesting to the court the jury may be trying to punish Judge Kolkolski for past misbehavior. Behavior that is not relevant to this case.”
“I have heard enough. I will give you my ruling in the morning and I suggest you have a long talk with your boss, Ms. Clarke. I certainly intend to. We are adjourned.”
That bitch. That no good, deceitful, black bitch. I will have her job for that insult.
Billy Jo immediately had newfound respect for Marta. He had an idea that was beginning to form in the very small recesses of his brain.
Judge Sugarman picked up the phone in his office. He needed to talk to the District Attorney himself. Now.
“I’m sorry, Judge, but it would be improper if not highly unethical to discuss the case with you while one of my top assistants is presently handling it. I have complete confidence that whatever Ms. Clarke said or did, she gave it a great deal of consideration. Thank you for calling me.”
Click.
Sugarman was now beyond livid. He wanted to talk to the Chief Justice but knew it was a waste of time. He wanted to kill Billy Jo and Marta. But most of all he wanted to make Wally suffer.
It’s all his damn fault. Why did I ever get involved with him in the first place?
***
“Court is now in session. The Honorable Robert Sugarman presiding.”
“Mr. Gibson, I have spent considerable time and thought on your motion for a directed verdict. What you are really asking for is jury nullification, the acquittal of the defendant by this court in complete disregard to the jury’s findings of fact, is that correct?”
“Yes, Judge.”
“Mr. Gibson, I simply cannot do that. The role of the jury is to determine the facts; the role of the judge is to apply the proper law. The jury has found the defendant guilty. I will not, I cannot disturb that ruling. Motion denied.”
Billy Jo was disappointed but definitely not surprised. Wally had predicted this all along.
Wally sunk his head down, his shoulders sagging. Suddenly he was an old man. A convicted felon. He had no idea how this happened to him—and why.
The gentleman in the rear, with no neck, quietly stood up and left the room. He had a single phone call to make.
“If there are no other matters, sentencing will take place next Monday morning at ten sharp. Have a nice weekend, everybody.”
Let those bastards realize this is my courthouse and I run it as I please.
No Neck Two had his usual seat in the back of the courtroom. This time he was joined by his employer. Alexey had waited too long, planned too hard, risked too much, not to enjoy his moment of victory.
His presence did not go unnoticed. Technically he had done nothing wrong and there was no way of preventing him from attending an open court hearing.
The judge banged the gavel.
“Court is now in session.”
“Mr. Gibson, before I pronounce sentence, do you or the defendant wish to make a statement?”
Billy Jo had thought long and hard about what he was now about to say.
“Yes, Judge. It is clear to me this case has been a travesty from Day One. There is no way you should have been allowed to try this case. You are or at least at one time were, a close personal friend of Judge Kolkolski here. The two of you were ADAs and drank beers together. You used your friendship to convince Judge Kolkolski to grant a directed verdict in the case where you were defense counsel and your buddy Wally was the judge. If you had not called in a favor, a big favor, Anthony would still be alive today. That is blood on your hands that will never be washed off.”
Sugarman banged the gavel. Hard.
“Damn you, Counselor, stick to the facts. One more comment like that and I will hold you in contempt of court. Do you hear me, wise guy?”
“I am sure you would love to do that, but I have said nothing but the truth. For the record, on a very personal note, I already think the court is contemptuous. I could talk for hours on how the court has handled itself but I know it will fall on deaf ears. Your decision was made long ago. One last comment and then I will sit down. You were set up, Judge. You were set up by the Chief Judge to fail. Why? Because you are weak, because you can be manipulated, and because you are a Jew. The Chief Justice hates Jews and everyone knows it. So Judge Kolkolski is not the only loser here. I have nothing left to add.”
Sugarman banged the gavel so hard it broke in two. He stormed out of the courtroom. The place was now a zoo. The bailiffs could not control the noise factor.
***
Judge Sugarman did not bother to apologize.
“I am now ready to pronounce sentence.”
“Excuse me, Judge, before you called the impromptu adjournment, Judge Kolkolski was about to make a statement to the court. Are you now revoking that right?”
“Go ahead, Mr. Kolkolski.”
“What did I do to incur your wrath? After all these years, why are you turning against me? If it was not for me and the favors I granted you, you would still be handling speeding and drunk driving cases in traffic court. You have brought total disgrace to this courtroom. You have disgraced yourself in front of the world. Was it worth it? Was it really worth it?”
Before Sugarman could respond, Wally sat down.
“It is the judgment of this court that the defendant, Walter A. Kolkolski be sentenced to no less than ten and no more than fifteen years in a state prison. This case is now adjourned.”
Billy Jo whispered in Wally’s ear, “Thank you for saying what had to be said. We have grounds for an appeal and I will begin on it as soon as I have the transcript. Good luck, my good friend.”
ADA Marta Clarke did something that had never been seen in the courtroom before. She walked over to Wally, put her arm around his shoulder and wished him good luck. Then she added, “I’m not sure I’m cut out for this type of work anymore. The good guys go to jail and the bad guys work.”
It was at that moment she saw Alexey Cummings stand up, smile, and nod to her.
Bastard. Someday you will get yours.
Alexey read her lips and again smiled.
The one thought that ran through Marta’s mind was,
It’s not over till it’s over.
