Rogue Lawyer (29 page)

Late Sunday night, Partner and I go to the city jail for the last pretrial meeting with our client. After half an hour of sniping with the jailers, I'm finally allowed to see Tadeo.

The kid frightens me. During his time in jail, he has absorbed a lot of free advice from his new pals, and he's also convinced himself that he's famous. Because of the video, he gets a lot of mail, almost all of it from admirers. He thinks he's about to walk away from the trial a free man, beloved by many and ready to continue his brilliant career. I've tried to bring him back to reality and convince him that the people writing him letters are not necessarily the same type of people who'll be sitting in the jury box. The letter writers are from the fringe; several have even proposed marriage. The jurors will be registered voters from our community, few of whom have any fondness for cage fighting.

As always, I pass along the latest plea offer of fifteen years for second-degree murder. He laughs with a cocky smirk, same as before. He doesn't ask for my advice and I don't offer it. He's turned down fifteen years so many times it's not worth discussing. Wisely, he has followed my advice and shaved and trimmed his hair. I've brought along a secondhand navy suit, with a white shirt and tie, an outfit his mother found at Goodwill. On his neck below his left ear is a tattoo of some baffling origin, and it will be partially visible above his collar. Since most of my clients have tattoos I deal with this issue all the time. It's best to keep them away from the jurors. In Tadeo's case, though, our jurors will be treated to his astonishing display of ink when they see the video.

Evidently, when a guy makes the decision to become a cage fighter, his first stop on the way to the gym is the tattoo parlor.

There's a gap between us that's been growing for some time. He thinks he'll walk. I think he'll go to prison. He sees my doubts of a successful outcome as not only a lack of confidence in him but also in my own ability in the courtroom. What's really bothersome is his insistence on testifying. He truly believes he can take the stand and con the jury into believing (1) the fight was stolen from him by Sean King, and (2) he snapped, attacked, blacked out, and went temporarily insane, and (3) now feels real bad about it. After he explains everything to the jury, he wants to make a dramatic, emotional apology to the King family. Then all will be well and the jury will rush back with the proper verdict.

I have attempted to describe the rough treatment he'll get when I turn him over to Max Mancini for a bit of cross-examination. But, as usual, he has no appreciation for what happens in the heat of a trial. Hell, I'm not always sure what's about to happen.

None of my warnings register with Tadeo. He tasted enough glory in the cage to know what's out there. Money, fame, adulation, women, a big house for his mother and family. It will all be his soon enough.

It's impossible to sleep the night before a jury trial opens. My brain is in a state of hyped-up overdrive as I struggle to remember and organize details, facts, things to do. My stomach roils with anxiety and my nerves are frayed and popping. I know it's important to rest and appear fresh and relaxed before the jury, but the truth is I'll look the same as always—tired, stressed, eyes bloodshot. I sip coffee just before dawn and, as usual, ask myself why I do this. Why do I subject myself to such unpleasantness? I have a distant cousin who's a great neurosurgeon in Boston, and I often think about him at moments like this. I suppose his world is quite tense as he cuts into the brain, with so much at stake. How does he handle it physically? The nerves, the butterflies, yes even diarrhea and nausea? We rarely speak, so I've never inquired. I remind myself that he does his job without an audience, and if he makes a mistake he simply buries it. I try not to remind myself that he makes a million bucks a year.

In many ways, a trial lawyer is like an actor onstage. His lines are not always scripted, and that makes his job harder. He has to react, to be quick on his feet and with his tongue, to know when to attack and when to shut up, when to lead and when to follow, when to flash anger and when to be cool. Through it all, he has to convince and persuade because nothing matters but the jury's final vote.

I eventually forget about sleep and go to the pool table. I rack the balls and break them gently. I run the table and drop the 8 ball into a side pocket.

I have a collection of brown suits and I carefully select one for opening day. I wear brown not because I like the color but because no one else does. Lawyers, as well as bankers and executives and politicians, all believe that dress suits should be either navy or dark gray. Shirts are either white or light blue; ties, some variety of red. I never wear those colors. Instead of black shoes, today I'll wear ostrich-skin cowboy boots. They don't really match my brown suit but who cares? With my ensemble laid out on the bed, I take a long shower. In my bathrobe, I pace around the den, delivering at low volume another version of my opening statement. I break another rack, miss the first three shots, and lay down my cue stick.

The courtroom is packed by 9:00 a.m., the appointed hour for all two hundred potential jurors to show up and get processed. And, since capacity is only two hundred, there is gridlock when a horde of spectators and a few dozen reporters also show up and jockey for position.

Max Mancini struts about in his finest navy suit and sparkling black wingtips, flashing smiles at the clerks and assistants. With all these people watching, he's even nice to me. We huddle and chat importantly as the bailiffs deal with the throng.

“Still fifteen years?” I ask.

“You got it,” he says, smiling and looking at the audience. Obviously, between Moss and Spurio, the word has not yet made its way to Max's ears. Or maybe it has. Maybe Max was told to cut a deal and get a plea, and maybe Max did what I would expect him to do: told Woody and Moss and Kemp and everybody else to go to hell. This is his show, a big moment in his career. Just look at all those folks out there admiring him. And all those reporters!

Presiding this week is the Honorable Janet Fabineau, quietly known among the lawyers as Go Slow Fabineau. She's a young judge, still a bit on the green side, but maturing nicely on the bench. She's afraid to make mistakes, so she's very deliberate. And slow. She talks slow, thinks slow, rules slow, and she insists that the lawyers and witnesses speak clearly at all times. She pretends this is for the benefit of the court reporter who must take down every word, but we suspect it's really because Her Honor also absorbs things…real slow.

Her clerk appears and says the judge wants to see the lawyers in chambers. We file in and take seats around an old worktable, me on one side, Mancini and his flunky on the other. Janet sits at one end, eating slices of apple from a plastic bowl. They say she's always fussing over her latest diet and her latest trainer, but I've noticed no progress on the reduction front. Mercifully, she does not offer us any of her food.

“Any more pretrial motions?” she asks as she looks at me. Chomp, chomp.

Mancini shakes his head no. I do the same and add, for reasons that are solely antagonistic, “Wouldn't do any good.” I've filed dozens and they've all been overruled.

She absorbs this cheap shot, swallows hard, takes a sip of what looks like early morning urine, and says, “Any chance of a plea bargain?”

Mancini says, “We're still offering fifteen years on a second degree.”

I say, “And my client still says no. Sorry.”

“Not a bad offer,” she says, slinging a cheap shot back at me. “What would the defendant take?”

“I don't know, Your Honor. At this point, I'm not sure he's willing to plead guilty to anything. Things might change after a day or two of trial, but right now he's looking forward to his day in court.”

“Very well. We can certainly accommodate him.”

We talk about this and that and kill time while the bailiffs process the jurors and get things organized. Finally, at 10:30, the clerk says the courtroom is ready. The lawyers leave and take their places. I sit next to Tadeo, who looks a bit awkward all dressed up. We whisper and I assure him things are going swell, just as I expected, so far anyway. Behind us, the prospective jurors stare at the back of his head and wonder what awful crime he has committed.

When instructed, we all rise in deference to the court, as Judge Fabineau enters, her bulky figure nicely camouflaged by the long black robe. Because so much of their dreary work is done without an audience, judges love crowded courtrooms. They are the supreme rulers over everything in sight and they like to be appreciated. Some tend to grandstand, and I'm curious to see how Janet conducts herself with so many watching. She welcomes everyone to the proceedings, explains why we're all here, rambles on a bit too long, and finally asks Tadeo to stand and face the crowd. He does so, smiles as I instructed him to do, then sits down. Janet introduces Mancini and me. I simply stand and nod. He stands and grins and sort of opens his arms as if welcoming the people into his domain. His phoniness is hard to stomach.

The jurors have now been numbered and Fabineau asks those holding 101 through 198 to leave the courtroom and take a break. Call the clerk at 1:00 p.m. and see if you're needed. Half of them file out, some in a hurry, some actually smiling at their luck. On one side of the courtroom, the bailiffs place the remaining prospects in rows of ten, and we get our first look at the likely jurors. This drags on for an hour and Tadeo whispers that he's bored. I ask him if he prefers staying in jail. No, he does not.

The pool is purged of those over the age of sixty-five and those with doctors' excuses. The ninety-two we are now staring at are ready to be examined. Fabineau breaks for lunch and we're told to be back at 2:00 p.m. Tadeo asks if there's any chance of a proper lunch in a nice restaurant. I smile and say no. He's headed back to the jail.

As I huddle with Cliff, the jury consultant, a uniformed bailiff approaches and asks, “Are you Mr. Rudd?”

I nod and he hands me some papers. Domestic Relations Court. A summons for an emergency hearing to terminate all parental rights. I curse under my breath, walk to the jury box, and take a seat. That bitch Judith has waited until this moment to further complicate matters. I read on and my shoulders begin to sag. Yesterday, Sunday, was my day to spend with Starcher; twelve hours, from 8:00 a.m. to 8:00 p.m., a modified, verbal agreement between Judith and me. Being preoccupied with the trial, I of course forgot about this and stiffed my kid. In Judith's twisted way of thinking, this is clear proof that I'm an unfit father and should be completely banished from my son's life. She demands an emergency hearing as if Starcher is in imminent danger, and if one is granted it will be the fourth in the past three years. She's 0 for 3! And she's perfectly willing to go 0 for 4 to prove something. What, I don't know.

I buy a once-frozen Fresh! Sandwich out of a machine and stroll down to Domestic Relations. Machine food is often underrated. Carla, a deputy clerk I once hit on, pulls the file and we look it over, our heads just inches apart. When I hit on her about two years ago she was “in a relationship,” whatever the hell that means. What it really meant was that she had no interest in me. I took it in stride. I've had my balls busted so many times I'm surprised when a woman says, “Maybe.” Anyway, Carla must be out of her relationship because she's all smiles and come-ons, which is not that unusual among the army of deputy clerks and secretaries and receptionists who clog these offices and hallways. A single straight male lawyer with a little cash and a nice suit gets plenty of looks from the unmarried ladies, and from some of the married ones as well. If I played the game, had the time and interest, I could run these gals into the ground. Carla, though, has chubbed up considerably in recent months and is not looking nearly as good as before.

She says, “Judge Stanley Leef.”

“Same one as last time,” I reply. “I'm surprised he's still alive.”

“Looks like your ex is a tough one.”

“That's a huge understatement.”

“She's in here from time to time. Not very friendly.”

I thank her, and as I'm leaving she says, “Call me sometime.”

I want to say, “Well, if you'll hit the gym for about six months, then I'll take a look and consider it.” Instead, and because I'm such a gentleman, I say, “Sure.”

Judge Stanley Leef stiff-armed Judith in her last effort to strip me of parental rights. He had no patience with her and ruled on the spot in my favor. The fact that she rolled the dice with this latest filing and got stuck with Leef again says a lot about her integrity, and her naïveté. In my world, if the case is critical—and what could be more drastic than cutting off a respectable father's right to see his child—all measures must be taken to insure a fair hearing before the proper judge. This might require the filing of a motion to ask an unwanted judge to step aside. It might require a complaint with the State Board of Judicial Ethics. My preferred method, though, is simply a cash bribe to the right clerk.

Judith would never consider any of these tactics. Thus, she's stuck with Leef again. I remind myself that this is not about winning or losing, not about this judge or that one. It's nothing but abuse of the court system to harass a former spouse. She has no worries about legal fees. She has no fears of retribution. She roams this section of the Old Courthouse every day, so this is her turf.

I find a bench and read her petition as I finish my sandwich.

For the afternoon session, we move our chairs to the other side of our tables and stare directly at the jurors. And they stare at us as if we're aliens. Under Fabineau's selection scheme—and every trial judge is given great leeway in devising methods to pick juries—those with numbers one through forty are seated in the first four rows, and from there we'll likely find our final twelve. So, we zero in on them as Her Honor rambles on about the civic importance of jury service.

Of the first forty, there are twenty-five whites, eight blacks, five Hispanics, one young lady from Vietnam, and another one from India. Twenty-two females, eighteen males. Thanks to Cliff and his team, I know their names, addresses, vocations, marital situations, church memberships, and histories of litigation, unpaid debts, and criminal convictions, if any. For most of them, I have photographs of their homes or apartments.

Picking the right ones will be tricky. Carved in stone is the belief that you want all the black jurors you can get in a criminal trial, because blacks have more sympathy for the accused and a greater distrust of the police and prosecutors. Not so today. The victim, Sean King, was a nice young black man with a good job, a wife, and three clean-cut kids. For a few bucks on the side, he refereed boxing matches and cage fights.

When Fabineau finally gets around to the matters at hand, she asks how many in the pool are familiar with the facts surrounding the death of Sean King. Out of the ninety-two, about a quarter of the hands go up, an enormous percentage. She asks them all to stand so we can jot down their names. I glance at Mancini and shake my head. Such a response is unheard of and, in my opinion, clear proof that the trial should be moved. But Mancini just keeps smiling. I write down twenty-two names.

To prevent further contamination, Judge Fabineau decides to take each of the twenty-two and quiz them individually. We return to her chambers and gather around the same table. Juror number three is brought in. Her name is Liza Parnell and she sells tickets for a regional airline. Married, two kids, age thirty-four, husband sells cement. Mancini and I are all charm as we attempt to curry favor with this potential juror. Her Honor takes charge and starts questioning. Neither Liza nor her husband is an MMA fan, in fact she calls the sport disgusting, but she remembers the riot. It was all over the news and she saw the video of Tadeo pounding away. She and her husband discussed the incident. They even prayed at church for the recovery of Sean King, and were saddened by his death. She would have a difficult time keeping an open mind. The more she is quizzed, the more she realizes how firmly she believes Tadeo is guilty. “He killed him,” she says.

Mancini asks a few of the same questions. I take my turn but do not waste time. Liza will get the boot soon enough. For now, though, she is instructed to return to her seat on row one and not say a word.

Juror number eleven is the mother of two teenage boys, both of whom love cage fighting and have spent hours discussing Tadeo and Sean King. She hasn't watched the video, though her boys begged her to. She does, however, know all about the case and admits to having plenty of preconceived notions. Mancini and I politely poke and prod but get nothing. She, too, will be excused.

The afternoon grinds on as we work through the twenty-two jurors, all of whom, it turns out, know far more than they should. A couple claim they can set aside their initial opinions and decide the case with open minds. I doubt this, but then I am the defense lawyer. Late in the day, after we have finished with the twenty-two, I renew my motion for a change of venue. Armed with fresh and irrefutable evidence, I argue that we've just seen clear proof that too many people in this city know far too much about the case.

Go Slow listens and acts as though she believes me, which I think she does. “I'll overrule your motion for now, Mr. Rudd. Let's proceed and see what tomorrow brings.”