A Fool for a Client (2 page)

“Cards on the table?”

“Like the
Cincinnati
kid.”

“Quite frankly I don
’
t think it
’
s going to make a shit bit of difference one way or the other.
I
’
ve got a solid case and I
’
m going for murder all the way.
But when it
’
s all over I don
’
t want some smart-ass reporter re-opening the case on a crusading ego-trip and making it look like she was railroaded to jail without a fair trial.”

He was cut down by the
sceptical
look on the judge
’
s face.

“So it
’
s just your reputation you
’
re worried about.”

“Not
my
reputation Hal.
The reputation of the DA
’
s office.”

“Good answer!” replied the judge slapping the desk with mock enthusiasm.
“You missed your vocation Dan.
You should have been a politician.”

“No I mean it!
If people stop respecting the law enforcement authorities
–
”

“Can it Dan!
Save the speeches for the jury.”

Justice Wise turned to Justine who was now looking at him with newfound respect.

“And what about you young lady?
Do you really think you
’
re competent to conduct you
’
re own defence?”

“I do Your Honour,” she answered calmly.

“I suppose you
’
ve seen a few episodes of L.A. Law and some Perry
 
Mason reruns and you think you know it all.
An objection here and there, a calm opening statement and an impassioned, fiery speech at the end.”

There wasn
’
t a hint of sarcasm in his voice.
It was more as if he was trying to sound chummy, as if he was reluctantly trying to convince an old friend to abandon a futile course of action.

“No Your Honour.
I
’
m a little more sophisticated than that.
Although I think you
’
re doing Perry Mason an injustice.”

The judge rested his elbows on the desk and interlocked his fingers.
He noticed that she never wavered in her politeness even though the element of defiance intruded into her words as well as her tone.

“Well let
’
s see then.
Do you know about peremptory challenges, motions for change of venue owing to pre-trial publicity, the exclusionary rule and Miranda rights?”

He looked at her smugly as if to say: “you
’
re out of your depth.”

“Anyone who watches TV knows about the Miranda rule.
It
’
s so well-known its practically obsolete.
But all this is irrelevant.”

A coughing fit broke in Abrams
’
throat, punctuating Justine
’
s reply like a string of exclamation marks drawn violently at the end of an unexpected sentence.
The judge looked at Justine with an expressionless, stony stare while he waited for Abrams to bring the thunderous outburst under control.
For a few seconds after the crimson-faced
ADA
had stifled his agony, there was a stunned silence as Justine
’
s words sunk in all round.

“Why is it irrelevant Miss Levy?” asked the judge slowly.

“Because I don
’
t intend to argue over technicalities.”

She leaned forward, resting her elbows on the desk.
It was an innocent, subconscious gesture, but it drew back the sleeves of her white silk blouse, offering a tantalizing glimpse of her ivory forearms.
There was no doubt in the judge
’
s mind that she was completely self-assured.
But from where, he wondered,
did her self-confidence come?
From the moral rectitude of innocence?
Or from a misplaced faith in the capacity of a beautiful woman to manipulate the men around her?

“You see Your Honour,” her voice rolled on with relentless smoothness, “I
know
that I can quibble over whether chain of custody over physical evidence was broken, or whether an exhibit not explicitly named in the search warrant can be introduced, but I
’
m damned if I will.
The last thing I want is to give the jury the impression that I
’
ve got no case and no answer to the charges and that my only hope of saving my skin is to gag the prosecution.”

“Let
’
s not exaggerate Miss Levy,” said the
ADA
sharply, almost spitting out his righteous indignation.
“It
’
s only your freedom that
’
s at stake, not your life.
Unlike your victim.”

“There
’
s no call for that Dan,” the judge chided.

Justine half-turned and leaned back, meeting Abrams eyes briefly.

“Oh it
’
s all right Your Honour.
If he thinks it, he
’
s got the right to say it.
I just hope that when he
’
s through presenting his case, he
’
ll close his mouth and open his ears.”
Then, looking Abrams straight in the eyes with that uncompromising, piercing stare, she added quietly: “I see you have a strong sense of justice.
I like that.
I have a strong sense of justice too.”

It was just a few simple words, spoken in a calm and measured tone.
But to the others in the room it rang out with all the rage and thunder of a threat.
The judge wondered if Sean Murphy had heard that threat before, or perhaps
failed
to hear it.

“Miss Levy,” the judge
’
s voice came out of the drawn-out silence, “when you say that you
’
re not going to quibble over technicalities, does that mean you
’
re going to argue your case in terms of the
facts
?”

Justine smiled and nodded.

“That
’
s right,
Your Honour...
all
the facts.”

The tone of her reply was almost sprightly, and the judge heard a touch of juvenile defiance about it.

So the woman is playing the girl with me.

“All right, I
’
ve heard enough,” he said as he rose.
“Let
’
s go back inside.”

Abrams leapt to his feet.
Justine leaned forward and rose from her chair.
As she did so, the judge looked at her expectantly, as if anticipating an inquiry.
But it was Abrams whose impatience got the better of him.

“What have you decided?”

The judge raised a hand, pointing to the door.

“Wait and see,” he said, taking a sadistic pleasure in the prosecutor
’
s discomfort.

Whatever the judge
’
s misgivings about the case, Justine Levy had stirred something within him, something that he couldn
’
t define.
He had long ago become blasé about his job, and he wouldn
’
t have believed that a defendant could move him in the way that Justine had.
He had seen sympathetic defendants who had pulled on his heartstrings before, like the mothers and lovers who were guilty of the “crime” of euthanasia.
But they were still just routine cases, and with plea-bargaining and a certain amount of judicial discretion he had been able to handle them as humanely as the system allowed.
But Justine
’
s case was different.
He didn
’
t know the truth or the reasons for anything that might have happened, he just knew that he was glad to have met her and sorry for her, even though there was nothing in her manner that cried out for sympathy.

Be careful
he told himself.
Don
’
t get involved
.
But he knew that there was no way a judge could avoid getting involved.
The danger was Justine.
She was not a cry
-
baby, nor a gum-chewing slut, nor an aggressive old hen.
She wasn
’
t any sort of stereotype... she wasn
’
t anyone or anything that he recognized.
But he knew that if he had to choose the company of another person now, whether for a few hours or for the rest of his life, he would have chosen Justine.
It was a dangerous feeling, and he didn
’
t feel any safer for recognizing it.

*     *

Tension still hung in the air when they returned to the courtroom.

In the press benches, the artists were busily at work, most of them sketching Justine.
Although the judge
’
s decision was to be a watershed, it was Justine who was the centre of attention.
It was Justine whose vigorous oratory had stood out and whose quiet defiance had marked her out and set her apart from those other rare cases of attractive women accused of murder.
She was no demure defendant.
She was the red-headed spitfire who knew not the meaning of the word fear and didn
’
t trouble to hide the fact.

So the press artists drew Justine in what was to become a classic pose and her symbol throughout this trial: standing proudly, almost like a warrior on a voyage of conquest, or a business tycoon who had just taken over a rival corporation.
T
he image conveyed a sense or arrogance.
Since she had first been arrested, arrogance had seemed to be her hallmark.

The door behind the bench opened to admit Justine and Abrams, sending a murmur of anticipation through the court as they took up their places.
The courtroom was no longer as full as it had been when they left it.
But it soon filled out as the reporters returned from the pay phones and the spectators with weak bladders heard the word that wafted through the building to the effect that the hearing was about to resume.
All eyes were on Justine, except those of the press artists which periodically darted back to their sketches to get the details right.

After about half a minute, the door opened again and the bailiff intoned his admonition to all those present to stand.
When the judge took his place and everyone was seated he held the attention of every man and woman in the courtroom.
He coughed to clear his throat, and peered around reprimandingly to quell the murmuring that still lingered after his entrance.
The murmuring was stifled within seconds and replaced by a silence that seemed to warn of an impending storm.

“The law on this subject is very clear,” he said slowly.
“In the case of People versus McIntyre it was ruled by the New York Court of Appeals that the option to proceed
pro se
could be invoked as a matter of right as long as three criteria were met.
The first was that the exercise of the right be unequivocal and timely.
The second was that the defendant make a knowing and informed waiver of the right to counsel.
And the third was that the defendant has not engaged in,
and continues for the duration of the trial to refrain from engaging in, conduct which disrupts the proceedings.

“Regarding the first requirement, it was ruled in McIntyre itself that the request is timely if it is made before the jury has been
empanelled
.
Moreover I think that not even the prosecutor would deny that the defendant
’
s efforts to invoke the right have been unequivocal.”

A smattering of nervous laughter trickled down from the spectators.

“Putting the second requirement aside for the moment and moving on to the third, it cannot be said that the defendant has done anything to obstruct or impede the proceedings.
Nor can it be said that she has engaged in disruptive or obstreperous conduct.
She has certainly been forceful and vigorous in her assertion of her right to proceed
pro se
.
But her arguments have at all times been couched in polite terms and she has shown unwavering respect for the dignity of the court.
Therefore she has passed this test of the right to conduct her own defence.”