A Courtroom Massacre

by Mark Porto

  The receptionist, who wore a bun with horn rimmed glasses and was fifty pounds overweight, insists she take her stuff out the office.

  As the woman was about to exit, Muir walks toward the receptionist’s desk. She blurts out she had something to tell the district attorney. “Sir, they won’t let me.” The woman whines while walking out.

  Muir asks her to come back; he says he was a prosecutor and willing to listen. He tells the receptionist he would handle this.

  Mrs. Alvin says with her head swiveling back and forth walks down the street the day that those gang members were killed.

  Muir grins with glee talking the lady by the arm. “Ma’am, why don’t we walk upstairs to my office? My receptionist will be more than happy to give you a cup of coffee. I won’t be too long; I have to run an errand.”

  “That’s OK.” The lady is told by the receptionist where Muir’s office was located and walked upstairs without the cart.

  After Johnny came home from work, he sits down reading the afternoon paper. He came across an article which features Father Byron. The headline ran: HOSPITAL FUNRAISER SCHEDULED FOR NEXT WEEK.

  Johnny continues reading and rereading it several times in order to digest its contents. He focuses on the headline and wonders if this was about the new nursing home and hospital they want to build in the town of Westbury.

  The article stressed the cost would be $10,000,000, some of which would come from the state. Johnny notices Father Byron pictured with State Senator Croydon before picking up where he left off, reading the rest of the article.

  While Mrs. Alvin was in Mr. Muir’s office, he asks her what information she had on the Bellow case.

  When her eyeballs rolls about, she explains when Mr. Bellow corners one of the gang members, he pleaded with Bellow not to shoot him.

  Muir sits up straight. “So, if I believe what you’re saying, Lee Jackson was trying to surrender.” He says tapping his pencil on a legal pad.

  There was a bag with the nozzle of a bottle sticking out, which Mrs. Alvin quickly hid under her coat. “Yes, yes, that’s right! Mr. Bellow chased him down!”

  Muir excuses himself enters his boss’s office telling him what she said to him. Courtney remarks he wanted to interview her, before accepting any corroborative evidence.

  District Attorney Courtney immediately brings her into his office, all of them sat down at a small table near the prosecutor’s oak desk. His secretary took everything down on longhand as he began, “Mrs. Alvin, I want to know why you’re here.” He folds his arms while awaiting an answer.

  “Excuse me, sir, she’s a concerned citizen.” Muir smiles while winking at his superior.

  Courtney sits back while the secretary takes down what Mr. Alvin said, later; it was transcribes from longhand by typing it in a form of a report. “Wait a minute, how do you know his name?”

  Mrs. Alvin says she used to see Lee Jackson in church. “He looked so much like his father, especially when he sang in the choir.”

  Courtney asks her to wait in an anteroom, while he confers with his associate. He leans towards Muir to whisper in his ear, “I think we’ve got something in her, but there has to be some changes.”

  Courtney thanks Mrs. Alvin for her cooperation and they would be in touch.

  Amid all the snow and Christmas decorations, Johnny, despite all his legal troubles, successfully completed his undergraduate education at the local university. He has a Bachelor of Arts degree in Criminal Justice. The family poses in the hall with their coats as their picture is taken. During the course of celebrating the occasion, there was a man graduating with him named Norman DeGoe. He and his sister, Claudia Cossette heard about his legal trouble and wanted to discuss with him and his family.

  Anita knew Claudia from the times she would patronize the store and they decide to go to the Bellow residence. Anita treats everyone to coffee and biscuits.

  Norman’s party wasn’t going to be held under later that day, so they could stay for a while.

  Claudia discusses about her husband’s ordeal. It starts when he saw an article in the newspaper where a gang of hooligans from Knickerbocker attacking a young immigrant from Sri Lanka and his family. “They took all their money, which they needed for food, but they weren’t satisfied. When the gang wanted more, the man took a metal baseball bat and struck one of the members over the head. Then, the rest of the gang dispersed.”

  “Why was your husband arrested?”

  “Well, he read in the paper how the judge put the immigrant in jail, despite the fact he was defending himself.” Her voice unwittingly rose in anger.

  “I don’t understand why was he arrested?”

  Claudia explains her husband, Jacob, wrote a letter in the local newspaper denouncing the judge’s decision. “One day, he received a notice stating he didn’t pay a traffic ticket.”

  Anita didn’t quite understand, so Claudia continues saying they claimed the previous ticket he paid involved another parking ticket.

  Johnny said he suspects there was more to the story.

  “After going to court to straighten this out, I was stopped by a policeman who said he was ‘just checking’. When I told him that was illegal, he threatened to run me in. I threatened to go to a lawyer, so he arrested me.”

  “What did you do?”

  Claudia leans forward to recommend Johnny and his family, dump Menden. They should retain Georgia Valentine from New York City.

  Anita asked her why and said Mr. Menden sounded like he knew what he was doing.

  Claudia retorts Mr. Menden was trying to earn a living and had issues. “Believe me,

  Ms. Valentine knows how to work the system.” Her furious discussion turns joyous taking a sip of her coffee and nibbling on a cookie. “These are delicious, where did you get them?”

  “I got them at our store. Before I forget, do you still live in Black Meadows?”

  Claudia puts down her coffee stating she wasn’t going to allow that bunch to scare her family out of this community, “Although this town leaves a lot to be desired. Oh, I’ve got to tell you about Father Byron.” After she finishes chewing, Johnny sits back and wonders if it concerned the hospital and the nursing home.

  She then turns around mentioning there was a nursing home with a hospital being constructed about sevenmiles south of the city. “Do you remember the man who was the director of Human Resources for the Archdiocese of Knickerbocker?”

  When Anita couldn’t recall, Claudia continues. “Well, Blaine Young absconded with over $100,000 in parish and agency money, as he had access to both.”

  Johnny remarked about the recent article in the newspaper and he didn’t recall hearing about Mr. Young’s maladroit actions.

  Claudia said, “You won’t either, that’s because Virgil Carras, the publisher of the Tappan County Solicitorwas promised a seat on the new hospital’s board of directors and would give the paper exclusivityon any stories regarding the project.”

  “What about James Young?”

  Claudia said Blaine Young was James Young’s brother. James is an investigator for the Tappan County District Attorney’s office. “Since he had this position, Father Byron didn’t want to press charges against him.” She pauses to take a sip of coffee. “When Father Byron was made a partner in the venture, along with the Rev. Dale Natwick, state Senator Ron Croydon’s first cousin.”

  “Where did you get this information?” Johnny asks scrapping cookie crumbs off his trousers.

  Claudia says she did a lot of research and knew a lot of people. She looks at her watch and tells Norman their party was going to start in another ninety minutes. They left a few minutes later.

  Suddenly, the phone rang; it was Mr. Menden, he wants to see them tomorrow.

  The next day, there were dark clouds as Johnny drove to Mr. Menden’s office in Georgia, New York. When the Bellow family arrives, the lawyer is sitting behind a metal desk with a ton of papers on the right side looking over a deposition.

  Mr. M
enden sits back with a wrinkled suit and shirt announcing the prosecution called to say it was offering Johnny a chance to plead guilty to a lesser charge along with a lighter sentence.

  Johnny is reticent sitting with his arms folded. His parents listen to the lawyer, but didn’t know what to say.

  Mr. Menden explains the prosecutor wants him to plead guilty to involuntary manslaughter. “But in this plea bargain, instead of prison, he’ll recommend to the judge, Johnny is placed in a psychiatric clinic for treatment for three years.”

  Johnny, again, didn’t say anything, but Anita wonders, holding a valise. “What I want to know is why you want him to take this deal?”

  Menden’s eyes turns away, remarking the prosecution said they had a witness who could say one of the gang members surrendered to Johnny and he killed him anyway.

  The shock and tension becomes so intense, Johnny speaks up. “Mr. Menden,” He was calm. “How do we know if this person is even telling the truth? Aren’t you going to investigate this person?”

  Sal is curious. “Why is she coming forward now?”

  Menden leans forward, scratches his head and shrugs his shoulders without saying anything.

  Johnny is examining the lawyer’s reaction to his father’s question. He asks him what would happen if he insisted on a trial. “What is the worst scenario?”

  Menden sweats as his eyes swayed from his client’s, if he didn’t take the deal; he could wind up in prison. “You realize you may not have another chance with the prosecutors?”

  Anita asks what would happen next.

  The lawyer rests against the back of the chair and tapped his pen on a file. He says they would go to trial. “If you feel this way, I’ll let them know.”

  “Does this mean if we go to trial, Johnny could go to prison?”

  Leaning forward, the lawyer folds his hands signaling to Anita, her son should take the plea bargain. “The prosecutor seems to believe he has a strong case.” Menden looks at his watch and left the office to run a personal errand. “I’ll be back shortly.”

  After he shut the door, Johnny stands up thinking they should consult another attorney. He looks to his parents. “It doesn’t make any sense, why is so willing to plea bargain when it first was declared self-defense.”

  “Look, Johnny, while we’re willing to spend every penny we have to defend you, you must understand, we don’t have a lot of money.”

  Johnny continues to face his parents. “Don’t you find it strange he doesn’t believe I’m innocent? I believe someone is putting pressure on him.”

  Sal’s arms were extended outward trying to comprehend everything. “I’m saying he’s trying to do what’s best for you.”

  When Mr. Menden returns, he smiles inquiring if they decided on the plea bargain.

  “How long will the trial last?”

  “It’s anywhere between a few days to two weeks. First, they’ll be a preliminary hearing to determine a trial date.” Anita asked why that was necessary. “There must be an investigation by the judge concerning the facts surrounding the charges as well as the evidence.”

  Although there was blowing and drifting snow on the day of the hearing, which was approximately a week before Christmas, the event went on. Judge Rex Lexington decides to hold it in his chambers while both attorneys sat in front of the oak desk.

  Muir is erect as his long sideburns reflected the overhead light in the room; he wanted immediate trial while Menden fought for a postponement until the fall, in order to adequately prepare for the case. Menden also states he needs time to question any potential witnesses, which was part of discovery.

  Judge Lexington sat forward in his overstuffed chair, folding his hands on the desk amusingly watching the attorneys expostulating. When they were finished, he sat up. “Gentlemen, I have decided to set a date for April 3rd, this is the earliest one available and Mr. Menden, it should be noted that you have enough time for you to prepare the case.

  Muir walks back to his office, but before he could reach his desk, his boss stood sentinel over his small, but adequate law library. After approaching him with a half-hearted smirk, Courtney remarking, “I take it by the look on your face; Menden wants to go to trial.”

  Muir jumps a few inches while agreeing with the district attorney and wonders what to do.

  “I’ve got something in mind.” Courtney says with a grin and discussing the plan over dinner at a posh restaurant.

  What was in store for the Bellow family was far more than they bargained, when Johnny thought the truth was going to come out, he was in for a rude awakening that would change his life for a long time?

  CHAPTER THREE

  The winter months were spent going to the lawyer’s office, looking for witnesses, evidence and character references; anything that could be helpful.

  As the trial date approaches, Sal and Anita Bellow are having a difficult time coping with it; they decide to visit Father Byron for advice and consolation.

  Father sits behind the desk, surrounded by various antiques and collections, which enhanced his fair skin complexion, dark hair and blue eyes.

  His face glows when the Bellows enter the office. He usually spoke to them in a soft voice.

  Anita starts with tears in her eyes, explaining while she and her husband thought Johnny did the right thing in killing those hooligans, but the trial could cost them everything they own. “I’ve told Johnny to consider the plea bargain, but Johnny seems to think there’s a conspiracy to put him behind bars, I don’t know what to do.” Father hands her some tissues when she continued crying.

  Sal explained to Johnny. “The police and the prosecutors are only doing their jobs.” His eyes were peaked, accompanied with bags under them as his jaw fell.

  Anita continues. “He found out Cain Lipshutz was related to Senator Croydon.” She asks for a glass of water, because her mouth was dry and parched. She drinks more water before speaking.

  Father folds his hands. “Well, he’s just upset, I’m sure he’ll get a fair trial.” His smile is compelled in light of the situation. “Besides, what would Senator Croydon have to do with his situation?”

  Anita believes Johnny doesn’t trust anyone. “He said the police and the prosecutors were particularly aggressive toward him and doesn’t understand why they were sympathetic toward these gang members.”

  Father didn’t look them in the eye, claiming much on his mind. He recommends allowing Johnny to talk, “After all, you have to let it out of your system.”

  The Bellows left after an hour.

  On April 3rd, Johnny, his family and attorney along with a few friends arrive early at the Tappan County Courthouse. Johnny looks to the skies noticing the dark skies and brisk wind as an indication on how well things would be.

  As Muir walks in with an assistant, a swarm of photographers and reporters descend on both parties, asking numerous questions. The press is ignored as they sit at their assigned seats at the table in front.

  In the interim, the spectators and members of the press mumble in unison awaiting the judge’s appearance.

  Suddenly, the bailiff announces in a projected voice. “All rise!” The magistrate approaches the bench telling all present to be seated. He calls for the prosecutor to begin opening statements.

  Odell Muir stands smirking as his look is replaced by an authoritarian manifestation upon approaching the jury box. The palms of his hands are on the rail, “Ladies and Gentlemen of the jury, have you ever heard the expression, ‘Taking the law into your own hands?’” The jurors nod in unison. “That’s good, because so have I.” He points to Johnny. “As you well know, five young men’s lives were cut short, because this young man took the law into his own hands! He took it upon himself to handle the situation. We are a nation of laws, not men! I will prove beyond a reasonable doubt Johnny Below not only committed murder, but maliciously risked the lives of innocent people!” He walks to his seat as Menden approaches to the jury box.

  The defense attorney smiles;
clears his throat while stepping forward to make his arguments. “Ladies and gentlemen, here’s what it boils down: a young man saw his parents in danger. He told the assailants to leave after they got the money. When they continued to pose a threat, my client did what anyone would have done in the event that their family was violently threatened, he defended his family. The prosecution states my client took the law into his own hands well, everybody, we have a right to defend ourselves against such thugs in society.

  Muir objects to Menden’s reference to the decedents as thugs.

  Menden retorts. “Your honor, these decedents had records of violence, if that’s not a thug, I don’t know what is. Sir, Mr. Muir knows the facts!”

  Judge Lexington sits there majestically while facing the jury. “They’ll be no name calling in my courtroom! It would seem to me, Mr. Menden; you know a better adjective and will rephrase your opening statement!”

  His face winces, “Yes, your honor.” He adjusts his tie, wiping the sweat from his forehead and thought briefly about what he was going to say next. When it came to his head, he began referring to them as criminals.

  Muir objects, a second time, to Menden’s description of the decedents as criminals, “Your honor, they’re not on trial!”

  Menden’s face flushes. “Your honor, these men had criminal records and they never contested the charges to which they were convicted. It should also be noted these are five gang members! This isn’t name-calling; it’s a statement of fact!”

  Muir stands up pointing his finger at the defense attorney and demands he show some respect for the dead.

  Menden accuses Muir of attempting to disrupt his opening statement by nitpicking. “How am I supposed to defend my client if this is to continue?” Menden demands to know.