The Victim (41 page)

“
Before we begin, may I have a moment to confer with my client?”

Judge Morales skimmed the court file. The original demand for speedy trial was paper-clipped to the front of the manila file folder bearing a red stamp showing the time and date that it had been filed. Florida law required a calendar call within five days of the demand. In reality, it was a cover-your-ass hearing, a way for the judge to properly colloquy a defendant on just how stupid they were being.

“
Yes, by all means.”

Anton slid into the seat beside Bryan. His shaved head wasn’t as bare anymore, his scalp having sprouted a quarter-inch layer of dark hair. It was passable, as long as he trimmed the beard. It hung off his face in coarse tangles, like something out of the late nineteenth century. In any other setting, he’d be fashionably ironic. Here, it wasn’t appropriate. Anton would insist that he shave it before trial.

“
She’s going to remind you about the huge mistake you’re making,” Anton whispered to Bryan. “And I’m going on record to say that this demand is against my advice. We need time to prepare this case. Daniella’s going to testify against you. This isn’t going to go away. That jury finds you guilty, prepare for a lifetime of stale bread and bologna.”

Bryan shifted his posture, his belly chain tinkling against the floor. His cuffed hands rested calmly in his lap. “I don’t care,” he whispered back. “This is my life, not yours. I suffer if found guilty, but I also benefit if acquitted. I told you, I didn’t do anything.”

“
Not remembering is not a defense. What’s more, you’re not likable, Bryan.” The honeymoon phase of representation was over and Anton no longer cared about protecting his client’s feelings. Being true was far more important than being polite. “You can’t testify. Either the jury believes Daniella or they don’t.”

Bryan smiled. “That’s why you get the big bucks. You’re the trial master. Go set me free.”

Anton stood up. “We’re ready to proceed, Judge.”

Anton walked to the podium and straightened his posture. He gripped the edge of the podium and stuck out his chest, a regal bearing that belied his lack of confidence in his client’s decision-making.

Judge Morales looked down at the court reporter to make sure that every word was being transcribed. She would protect her record with meticulous attention to detail, knowing all too well that the Third District Court of Appeal would order this case tried a second time if the judge was less than thorough in her colloquy.

She began. “We’re on the record in the matter of the
State of Florida versus Bryan Avery
, on page seven of today’s calendar. We’re here on the defendant’s demand for speedy trial. Note for the record the presence of the defendant who is in custody. Would all parties please announce your presence for the record?”

“
Sylvia Kaplan, on behalf of the state.”

“
Anton Mackey, on behalf of Mr. Avery.”

“
Thank you. Madam Clerk, please place the defendant under oath.”

Bryan stood and awkwardly raised his right hand, which brought along with it his left hand. He swore that the testimony he was about to give was the truth, the whole truth, and nothing but the truth.

“
Very well,” Judge Morales continued, “you may be seated.” She unclipped the speedy demand and held it up so that he could see it. “Mr. Avery. I am holding in my hand a demand for speedy trial filed on your behalf by your attorney, Mr. Mackey. Do you recognize the document I am holding?”

Bryan leaned forward in his chair, squinting. “Umm, yes, Judge. I recall Mr. Mackey showing me a copy of that document.”

“
Okay.” She set the paper down. “Now, listen to me very closely.” The preschool tone edged its way into her voice, thinly disguising her passive aggression. “You are facing a maximum of life in prison. If you are convicted on the most serious counts, this court can legally send you to prison for the rest of your life. In Florida, there is no such thing as early release or parole. Life is life, Mr. Avery. You come out of prison in a coffin. Do you understand?”

“
I do, Your Honor.”

“
Okay. Now I’m not telling you what sentence I would impose if you were to be found guilty at trial.” She spoke those words slowly, pausing to ensure that the court reporter had taken it all down. “I know nothing about the facts of your case and have no stake in its outcome. A jury and only a jury will decide whether you are factually guilty of the crimes for which you are charged. I only decide matters of the law.

“
However, as a person accused of a crime, you have certain rights. One of those rights is the right to due process of law. Your attorney, Mr. Mackey, may conduct discovery, may take the depositions of witnesses, may file witness lists on your behalf and may use the subpoena power of the court to compel those witnesses to come in and testify if they are not willing to do so themselves. Under most circumstances, Mr. Avery, most people charged with what you’re charged with
want
their attorneys to take their time in conducting a thorough investigation of the case. They
want
their attorneys to depose all state witnesses and adequately prepare for trial. Now I understand that you are in custody without a bond, but rest assured, that fact alone should not motivate you to demand a speedy trial. If you are found guilty, there is a possibility that you would be spending even more time in custody.” She cast her eyes on the court reporter, who was rapping away on her stenotype machine. “Mr. Avery, do you understand that you may waive your right to a speedy trial and I will give your attorney copious amounts of time to prepare your case?”

“
Yes, Your Honor.”

“
And do you further understand that by filing this demand for speedy trial, you are affirmatively telling this court that you have completed your investigation and no longer wish to conduct further discovery in this matter? That means that no depositions of witnesses will be taken. Do you understand?”

“
Yes, Your Honor.”

“
Do you further understand that you were just arraigned on these charges only weeks ago? Your attorney’s had very little time to prepare. Knowing that do you still want to proceed with your demand for speedy trial?”

“
Absolutely, Judge!”

Judge Morales pushed the microphone away from her lips and massaged her temples with her index fingers. Her hunched shoulders rose slowly and then dropped as she took a calming breath.

She pulled the microphone back toward her. “Mr. Avery. Have you had every possible opportunity to discuss this
very important
legal decision with Mr. Mackey, your attorney?”

“
Yes, Judge. This is my decision. I want a trial.”

“
Clearly you do, sir; but you understand that when you demand a speedy trial, you are telling the court that within five days of filing the demand, you will be ready. That speedy demand period can run up to sixty days. Five days after the demand is filed and this calendar call is held, the court can set your case for trial.”

Anton’s heart fired like a piston in his chest. He felt his stomach rile and he instantly had to use the bathroom.

He knew what she was going to do.

“
Ms. Kaplan, any word on the availability of your witnesses?”

Sylvia tried to hold her grimace but her lips curled up in a smile. “Your Honor, upon receipt of this demand I had my vic-wit check into the availability of all of our witnesses. This will likely be a two-, maybe three-day trial, including jury selection. I’m pleased to tell the court that all state witnesses are available anytime and none have indicated any plans or scheduling conflicts that would derail the defendant’s very enthusiastic demand for an immediate trial.”

“
Mr. Mackey,” she said, her tone even and controlled. “You filed this demand. You signed it and put your bar number on it. Am I correct in assuming that you are adopting your client’s position and want this court to set this case for trial as soon as possible?”

“
Not at all, Judge. I think my client is making a poor decision and he is doing this against my advice.”

Judge Morales turned to Bryan. “Do you hear that, Mr. Avery? Your attorney thinks you’re making a poor decision. Do you want to follow your attorney’s advice? If so, I’ll strike the demand and set your case for trial in the normal course.”

She was giving them one last chance to back out.

“
I’m aware that my lawyer doesn’t think it’s a good idea, Judge. With all due respect, it’s not his decision to make. It’s mine.”

“
I understand that it’s your decision, Mr. Avery. When you spend good money to hire a defense attorney, you’re paying for their advice and expertise. Mr. Mackey’s a seasoned attorney. He’s tried lots of serious cases and understands how this process works. Are you sure you don’t want to reconsider and take your attorney’s advice?”

In beautifully legally sufficient language, Judge Morales was reminding Bryan that he was a goddamn idiot.

“
No, Judge. I know the risks involved. I want my trial.”

“
Mr. Mackey, do you want to withdraw from further representation of Mr. Avery? Seeing as he is insisting on a course of conduct that you consider not to be in his best interest, I will find good cause for withdrawal. I don’t believe he qualifies for a public defender. I can give him time to find new counsel but I doubt that any reasonable attorney out there would take a case after a speedy demand has been filed just weeks after arraignment.”

Anton almost laughed out loud at the thought of some lawyer turning down Bryan’s case, even with a demand already filed. This was Miami. There were enough hack defense attorneys out there who would shoot their own mother for five hundred bucks. Bryan would have no trouble finding someone else to take the case.

What troubled Anton was the thought of the taped confession Daniella had in her possession. He thought about the video of the two of them together. He thought about everything, the secret corroding away his soul. Judge Morales was tossing him a life preserver. She was giving him the chance to get out while he still could, before the post-conviction motions and the bar complaints and the allegations of malpractice.

He had no choice but to stay on the case.

It was the only way he could control the secret.

“
No, Judge.” He nearly choked on the words. “I will remain Mr. Avery’s attorney, despite his wish to proceed with a demand for speedy trial.”

Judge Morales nodded, satisfied that her record was well guarded. For a split second, Anton could have sworn that he saw the gears of judicial vindication churning. The fire in her eyes underscored her deliberately calm courtroom demeanor. She was, after all, Maximum Morales.

All Anton could think about was the time he muttered “bitch” under his breath after she sentenced his client to life in prison for a technical probation violation.

“
Very well. Upon a thorough colloquy of the defendant and his attorney, it is this court’s ruling that the demand for speedy trial is well taken and was not spuriously filed. This court believes that Mr. Avery has the assistance of good and competent counsel, who has expressed his desire to remain Mr. Avery’s attorney, despite this court’s willingness to permit withdrawal should Mr. Mackey strenuously disagree with his client’s decision.” Morales flipped through a leather-bound day planner. “Let’s see, today is Wednesday. Next Monday and Tuesday I’m at a judicial conference but we can begin trial in one week. Wednesday the fifth we’ll pick a jury. Is that alright with both parties?”

“
Absolutely, Your Honor,” Sylvia replied.

“
That’s fine,” Anton mumbled.

“
Great. Mr. Avery, your demand for speedy trial is well taken by this court and I will see to it that you get your speedy trial. I will see you back here in one week. Everyone have a good morning.”

She stood and her bailiff instructed the court to rise. She descended from the bench and was led out to her chambers.

Anton had a week to prepare a life felony for trial.

CHAPTER 44