A Fool for a Client (3 page)

Abrams slumped back in his seat, defeated.
The merest flicker of a smile appeared momentarily on Justine
’
s face.
But it vanished as quickly as it appeared, leaving not a single tell-tale sign for anyone in the courtroom to notice.

“This only leaves the requirement of a knowing and intelligent waiver of the right to legal counsel.
State law mandates that when a defendant insists on conducting his own defence, the trial court should conduct a
‘
searching inquiry
’
on record to insure that the waiver of the right to counsel is made voluntarily and with eyes open.
Accordingly, Miss Levy, I am going to ask you a few questions which you must answer for the record either yes or no or in your own words if you feel that clarification is needed.

“First of all are you aware of the fact that by not being represented by a lawyer you are giving up a valuable source of information and knowledge as to matters of law, possible defences, rules of evidence and procedure that may be invoked at your discretion and rights that are only advantageous if invoked in particular ways, such as the right to challenge jurors?”

“Yes Your Honour,” replied Justine calmly.

“Are you aware that as a lay person conducting your own defence there is always a danger that you might make a statement or ask a question or perform an action or omission damaging to yourself or to your case, and that a qualified lawyer would be less likely to make such errors and if he did make such an error would provide you with grounds to appeal because of counsel
’
s professional incompetence.”

“Yes Your Honour.”

Again the voice was calm and the tone respectful.
There was not a hint of off-handedness or impatience in her reply.

“Are you also aware of the seriousness of the charges and that you stand in jeopardy of a long sentence if convicted?”

“I am Your Honour.”

“And are you further aware that you are bound by the same rules of procedure as any qualified legal counsel and the same rules of evidence?”

“Yes Your Honour.”

“Do you understand Miss Levy that in the event that should you find yourself difficulty of any kind, the Court is under no obligation to render assistance to you, save by upholding the rules of evidence and procedure, nor can it take over defence chores for you or advise you on when to invoke specific rights.”

“I understand Your Honour.”

“Is your motive for wanting to conduct your own defence due to financial limitations Miss Levy?
Is it that you desire an attorney but cannot afford one?
Are you aware of the fact that if this is the problem then a lawyer can be appointed by the Court at no expense to yourself?”

“There is no financial impediment to my hiring a lawyer, Your Honour.
I have ample financial resources to pay for a lawyer and I am aware of my sixth amendment right to legal counsel, but I do not want one.”

“Finally, having said all that Miss Levy, I can only advise you in the strongest possible terms that it is in your best interests to employ the services of qualified legal counsel and I urge you to reconsider your decision to conduct your own defence in the light of all that I have said.
Will you reconsider, Miss Levy?”

“No Your Honour.”

“In that case I must rule that the defendant
’
s waiver of the right to legal counsel has been made intelligently and voluntarily and that accordingly the last of the three requirements for appearing
in proprio persona
has been satisfied.
However, because of the complexity of the case, the severity of the charge and the possibility, however remote, of the defendant wishing to change her mind, I
’
m going to appoint a qualified lawyer to act as stand-by counsel.”

Justine was on her feet, staring at the judge with open indignance, while Abrams turned away smirking.

“Your Honour I object!
My defence is to be based on
fact
, not legal technicalities.
A court-appointed standby, or any lawyer for that matter, would only distract the jury from the essence of my defence and give the jury the wrong idea of my position.”

“But he would only be on standby, Miss Levy. He wouldn
’
t even be allowed to open his mouth without your permission.”

“But his mere presence might give the impression that he
’
s defending me.”

“The Court notes, and over-rules, the defendant
’
s objection.
Although the Court is not
required
to appoint stand-by counsel, it has the right to do so even over the objections of the defendant.
In a complex and serious case such as this, bearing in mind the danger of having to declare a mistrial in the event of the defendant changing her mind or forfeiting the right to continue
pro se
, I believe it to be a desirable precaution which need not in any way step on the defendant
’
s toes.
At any rate, the federal Supreme Court has ruled that the trial court may ignore counsel
’
s objections in the matter of appointing stand
-
by counsel, in Faretta versus
California
, a case already cited by the defendant herself.

Justine sat down, the seething anger showing on her face.

The judge looked around the courtroom.

“Is there anyone here from the legal aid office?”

“I am Your Honour,” a nervous voice pierced the pregnant silence as a young African-American in a well-cut dark blue suit rose from an uncomfortable wooden seat.

“Your name?”

“Rick
–
I mean Richard Parker”.

The judge had taken on a serious tone, as if he was subconsciously trying to intimidate the young man.
This lawyer, with his adolescent good looks and below average height looked like a high school student who was too young to be there.

“Do you have any heavy commitments that might impair your ability to give this case the attention that a murder charge deserves?”

“No Your Honour.”

Justine was looking around frantically at this nervous looking kid whom the judge was about to appoint to be on stand-by to represent her.

“The Court appoints Richard Parker to act as stand-by counsel for the defence of Justine Levy in the case of the People of the State of
New York
versus Justine Levy.”

Again Justine leapt to her feet, facing the judge with a brimming anger that overflowed as she spoke.

“Your Honour this is just too ridiculous for words. He looks like he
’
s fresh out of law school!”

“May it please The Court Your Honour, I
am
practically fresh out of law school.”

It took no more than a second for the words to register all round and when they did the courtroom rocked with laughter.
Even the normally sedate Daniel Abrams was forced to smile.
Only the stoic judge and the granite-fac
ed Justine remained impassive. L
ike two pillars supporting an otherwise fragile structure during an earthquake.
When the laughter subsided, Parker continued calmly.

“I graduated first in my class at Harvard, and I served as clerk to the Chief justice of the
United States
for a year.”

He seems to be rubbing it in, thought the judge.
But why, he wondered, is he working as a two-bit hustler in the legal aid office where all they do is plea-bargain for the scum when he could be working for 75K in a private practice?

But it would have been unprofessional and inap
p
ropriate to verbalize these thoughts.
In any case, by this stage he was watching Justine, wondering how she was going to handle the embarrassing situation that she had got herself into.

“Your Honour, without prejudice to my objection to a court-appointed lawyer, I apologize to Mr. Parker for any aspersions I may have inadvertently cast on his professional abilities.”

Justine Levy
’
s voice was silky smooth as she adroitly carried out the impromptu salvage operation.

As Justine took her seat once again, Parker complemented the performance with a brief gracious acceptance speech.
Then the judge spoke again.

“In order to give standby counsel for the defence a chance to study the case and confer with the defendant, I will grant a thirty day continuance on my own motion and set the date of a further pre-trial motions hearing at the eleventh of next month.
I will set the trial at that time when I see how crowded my docket is.
Are there any motions on bail?”

“Yes Your Honour,” said Justine quietly.
“I move that I be released on my own recognizance.
It is a matter of public record that my impending arrest was known long before it occurred.
In that time I made no attempt to evade arrest or conceal my whereabouts.
I made it clear in all my pre-arrest that I welcome the opportunity to have my day in court.
For these reasons I move for a release on recognizance.

“Mr Abrams?” the judge beckoned, inviting the prosecutor
’
s predictable response.

“Your Honour, the People oppose both bail and R-o-R.
The accused has been indicted by a Grand
Jury for the most serious offenc
e in the
New York
penal code and the arraignment judge decided at that time that there were sound reasons to hold the accused in custody. I see no reason to regard those circumstances as having changed.
There is a danger that as long as she is at liberty she will be in a position to use the press to generate publicity favourable to her case.”

“That may be, Mr Abrams,” said the judge.
“But that can hardly be grounds for denying bail or R-o-R.
The only purpose of both bail and remand is to ensure that the accused shows up for trial.
As far as media publicity is concerned, that can be handled by a joint gagging order imposed equally on both parties.
But such an order cannot be linked in any way to bail or R-o-R.”

The judge tightened his facial muscles to resist the urge to smile at the discomfort and frustration on the
ADA
’
s face.

“In that case, Your Honour,” said Abrams, “I ask that bail be set at an appropriately high level, taking into consideration the defendant
’
s large inherited real-estate assets.”

“I see no need for that,” the judge responded.
“I am impressed by the accused
’
s arguments and have no doubt that she will show up for trial.
Accordingly, the accused is released on her own recognizance.”

The stampede for the exits began.
Several bailiffs held back the press and spectators from one of the exits, clearing a path for Justine and Parker.
As they left the room, Parker sidled up to Justine and started walking beside her.

“You know they say that anyone who tries to conduct his own defence has a fool for a client?”

“In my case they
’
ve doubled the handicap by sticking me with a fool for a lawyer.”

Ignoring Parker and brushing aside the more tenacious of the media people who had slipped under the arms of the bailiffs, Justine marched out of the courtroom.
Parker stood there gaping for a second, until a reluctant smile cut across his face.