by Mark Porto
The judge turns to the jury to instruct them in their deliberations. Johnny inquires how long it could take the jury to render a decision.
Georgia couldn’t say. “It’s hard to tell, because this case is far from simple.”
On January 14, the jury renders a verdict; in the courtroom all the parties were present.
The judge looks to the foreman, “Have you reached a verdict?”
The foreman stands; he is a tall and erect individual wearing a suit, he notifies the judge a verdict has been reached. “We find the defendant, Johnny Bellow, liable for his actions...” Mrs. Valentine and Johnny both wore a scowl. As the foreman continues, “In substantive damages, we award the amount of one dollar to the Dennison family.” Johnny and his attorney don’t react. The foreman concludes with, “However, even though the deceased wasn’t working, he was denied many years of life. As far as Mr. Bellow’s conviction is concerned, while he was convicted unjustly, we didn’t see any maliciousness on the part of the prosecution. In punitive damages, we the jury, award the amount of $100,000.” The judge thanks the jury for its work and releases them from their duty.
Padgett wears a perpetual smirk, “I’ll be expecting a check.” He says as he and his clients walk out the door.
Johnny asks Ms. Valentine wondering why the judge didn’t take the information given to him into consideration. When she couldn’t give him a definitive answer, Johnny says it was rhetorical; he noticed when the judge was delivering the instructions to the jury, he never once mentioned the information given him. “I think Judge Bzuda was given his marching orders plus I recognize one of the jurors.”
When Ms. Valentine wonders if it could be true, Johnny insists on an appeal, just on that basis alone. “What made you think they’re involved?”
“I recognize one of the jurors from my criminal trial, I never forget a face.”
While Ms. Valentine prepares an appeal, Johnny talks with his parents about the decision to appeal the judgment against him; they were concerned for his future.
Anita says, “You can’t get a job! How are you going to take care of Doreen and your child? At some point, she’s going to have to stay home with the baby.”
Johnny sat next to her with his arm extending toward her with a warm facial expression, “I’ve got an idea, but you may not approve.”
They listened to what he had to say, he was seriously considered not paying it.
Sal says if he does that they could seize his assets, “They’ll haul you into court.”
Johnny counters, “Before the trial, I contacted my broker. I arranged it where the stocks and other assets are put in both your names.”
Sal remotely remembers signing something, but now recalls it. “Both the assets still have your name on it; they’ll still come after you.”
“Pa, the idea is to make it tough for them.” Johnny adds he found out about one of the jurors in his civil trial which has his parents’ curiosity. He explains he had proof of the foreman of the jury was the younger brother of Mr. Taney, who owns the bar downtown. “He was victimized by the gang about three or four months before the gang struck the store. Mr. Taney was approached before my criminal trial and was told if he cooperated with the prosecutors, his alcohol license would be spared. When his younger brother was selected, Mr. Taney was told if they did not hold him liable, the license would be revoked.
Sal asks him how he knows this; Johnny replies people have big mouths.
Johnny continues, “I’ve filed a formal complaint with the Committee on Judicial Conduct against Judge Rex Lexington. What I found so odd is they believe Mrs. Alvin, the bag lady who was unusually drunk or high at my criminal trial; I wonder why she was called.”
Sal says he remembers her, “I used to hear her mutter a lot of incoherent statements, I felt sorry for her until she testified against you at trial.”
“I believe she was rehearsed and fixed up for the event, but I need proof.”
Later, Johnny receives a call from Ms. Valentine, she had a long chat with Judge Bzuda, while she had discussed the information in the file with him, while he refuses to lower the judgment, “I managed to get him down to $65,000, he says to nullify it, an appeal would be necessary.”
Johnny flinches being adamant about wanting an appeal. “I don’t understand what the rationale for not nullifying the judgment was.”
Ms. Valentine tells him he justifies upholding it, because the decedent was so young. “I know it sounds stupid, but no matter what argument I set, he wouldn’t budge.”
“You told me before it would cost $15,000 for an appeal warning me it could be years before it’s settled. That’s not a problem, I have a lot of money in stock, yes, and I invest my money.” Johnny tells Ms. Valentine, who is stunned. He asks her further about the lawsuit against the company for defaming him, she says she’s been very busy with this lawsuit and advises him to spend more time with Doreen.
Johnny agrees, but, as far as his affairs were concerned, they were paramount, at this time. He not only sought to appeal the judgment, but this quest for justice regarding those responsible for his trials and tribulations in reality would not be easy to say, but not so easy in practice. Eventually, the actions would prove costly, not only to the perpetrators, but to the innocent as well.
CHAPTER EIGHT
After Johnny filed a written complaint against Judge Lexington with the Committee on Judicial Committee, he also filed a complaint against Odell Muir, the district attorney, with the appellate division of the New York State Supreme Court in Queenstown, about a year before.
While the committee was conducting an investigation, Johnny talked to Jack, who recommends Ralph Lambert as the best private investigator in the area. Johnny hires him after filing the complaint.
Johnny travels to his office, because Ralph has some information to share with him. The investigator takes a file from a pile of paper that stand in the bright sunshine from the window. Johnny reads one file after the other until his eyes burn with passion, “I don’t believe what I just read.”
Ralph is laughing that there was more, when Johnny asks how people could be so cruel, he put away his cigar in the glass ashtray, it smolders while he speaks, “It’s politics, my boy.” He picks up another file to show him.
Johnny reads it and ends up slamming it down on the desk rubbing his temples, when Ralph asks what was wrong. “Now, I have an idea why those four convicts testified against me at the civil trial.” He concludes since Gilroy Parker has been appointed chairman of the Parole Board. “He most likely put pressure on other members telling the convicts in order to get released they would have to testify against me.”
Ralph knew a lot about Parker, but all he would say he was a shyster. “I know of a woman who he rooked out of a lot of money, she tried to get him kicked out of the legal profession and have him prosecuted, but the system failed her.
Johnny, in the meanwhile, proposes marriage to Doreen which she accepted, they talked with Father Bryan for a special dispensation to the six month long marriage classes in order to move up the date of the wedding. However, Doreen wasn’t an active Catholic and had to be reintroduced into the faith.
Although her mother was opposed to the marriage, she didn’t make any attempt to give her daughter an ultimatum not to marry him. The ceremony was set for when everything was straightened out on Saturday, May 2.
After leaving the church, he takes her to the doctor, after Johnny waiting in an anteroom adjacent to the doctor’s office, when Doreen came out; he asks her what the doctor said.
Doreen says her uterus looks like it’s starting to grow, but the delivery should be normal.”
Johnny asks her when they were expecting. She says it would be around late August or early September, while rubbing her stomach. The couple walks out holding hands as he helps her into the car.
She asks him if he’s found a job, while combing her hair and looking through the rear view mirror. He says he hasn’t because he’s been busy wi
th the lawsuits as well as other business.
After there was a thorough review, investigation, witnesses were given subpoenas and a hearing by the Committee of the Judicial Conduct is conducted by the appointment of a referee.
Both sides submit briefs; the committee appoints Noah Horowitz as the referee; Johnny is represented pro se while Judge Lexington is presented by Cecil Padgett.
Johnny feels a sharp chill in the wainscoted hearing room as he and Padgett briefly stare at each other.
Horowitz reminds everyone this was a formal hearing to determine the suitability of Judge Lexington to retain his judgeship.
Mr. Bellow in his brief submits evidence that Judge Lexington was promised a seat on the state supreme court if he was successful in getting him convicted of a crime, also he permitted a witnesses, Mrs. Alvin and Mr. Schuyler who have been known for their alcoholism, which was known to the judge and the prosecutor and submits proof of his allegations.
Mr. Padgett, in the meanwhile, asserts Judge Lexington has been a member of the judiciary for many years, and has never received a complaint against him. He has rendered numerous responsible decisions. Mr. Padgett asserts an ex-convict, should not be able to mar the reputation of a pillar of the community.
Both sides questioned several witnesses in an effort to impeach each other on their allegations. Johnny brought out several incidents of questionable behavior by Judge Lexington.
After the hearing concludes, Mr. Horowitz tells both parties a decision would be made by the committee, with further review by the Court of Appeals. He reminds them that until a decision is rendered, the comments in this hearing room were confidential.
When the hearing was over, Johnny didn’t acknowledge the other party walking into the elevator. As they enter the parking garage, Johnny drives home, while Padgett and Lexington talk walking towards their cars. Judge Lexington held Johnny with the highest indignation. “Do you believe the nerve of that guy?” His voice gravels opening the door to his car.
Padgett was smiling, “I wouldn’t worry about him, I’m sure the committee won’t sanction you.” He remarks reaching for his keys.
Judge Lexington opens the car door, “Oh, really, what makes you think so, for a hot shot lawyer, you didn’t do so hot, all that evidence he was bringing up is pretty damn serious!”
Padgett suggests he contact the senator if he’s so worried.
“You’ve got to be kidding!” When Governor Marin appointed George Ramano as chairman, Croydon stupidly tried to filibuster the nomination.
About thirty days later, the chairman of the Committee on Judicial Conduct sent out a certified letter to Judge Lexington. He was sitting on a recliner in his chambers, when he received the letter. However, when he finished it, he rocked violently back and forth. He contacts Padgett shouting at the top of his lungs, “What the hell is going on, the committee is recommending I’d be censured!” He then throws a law book across the room.
Padgett speaks in a lower voice, urging him not to panic, “This is a recommendation, as soon as I get the paperwork together, I’m taking this case to the Court of Appeals.”
Judge Lexington reminded him that the state’s highest court, with rare exceptions almost always upholds the recommendations of the committee.
Padgett says he will do his best.
Later that day, Johnny is meeting with Ralph at his office; his voice is garbled from smoking a cigar. Johnny removes his coat noticing a small black box; the top was lightened by the sunlight from the window within the Venetian blinds. He responds with his eyes that were close together, wanting to know what was in the box.
Ralph tells him to open it; he does after breaking the seal viewing a small piece of paper; picks it up and reads it; it was an affidavit from an attorney, whose name is only known to Ralph and Johnny.
The lawyer states Judge Lexington has been dialoguing with Judge Garvey, then the chief judge of the Appellate Division of the Supreme Court. Lexington tells Garvey, Fred Menden no longer wants to play ball and was going to file a formal complaint against him for what the judges felt was later deemed to be frivolous.”
Judge Garvey owes Lexington a favor for being a referee for a hearing requested by the member of the Committee of Judicial Conduct. When Menden filed the complaint against Lexington, it was dismissed by Garvey by admonishing him and the matter was done. Judge Garvey also helped Lexington by talking to a member of the state bar to have his license suspended.
Johnny wanted to know if he found anything else. Ralph has a grave look and shows an audio cassette with a recorder. He suggests Johnny listen to it, puts the cassette in the recorder and presses the ‘play’ button. The cassette depicts a phone conversation discussing Doreen. Johnny’s face had an array of colors upon completion of the conversation.
Ralph shuts it off while standing. “You better keep an eye on your fiancée.” He says in a grim voice, “These people; believe me, mean business.”
Johnny stares at the cassette, ‘Do you know who these two men are? I think I know, because they sound familiar.”
Ralph rubs his chin mentioning he had been trying to find out who they were, “I’ve been in this business for many years and I’ve never heard such hatred for someone.”
Johnny corrects him, saying, “You mean me, don’t you?” Ralph nods as Johnny collects the items.
Johnny contacts Doreen, but she wasn’t there, prompting him to call Ms. Valentine’s office, her receptionist answers. He wants to know if Doreen was there, but she wasn’t. He asks immediately to speak to Ms. Valentine. The receptionist reluctantly gets her out of a staff meeting to answer him. When she asks what was so important. He informs her about what he heard on an audio cassette, “Ms. Valentine, Doreen is in danger, do you know where she is?”
Ms. Valentine gasps telling him as soon as he can; she wanted a copy of the cassette.
Amid the sounds of taxis, buses and large amounts of people, walking down the streets was the ambience of where Johnny and Doreen ate their lunch in a café in Midtown Manhattan. He begins by telling her about the content of the cassette. Her face is flush, suddenly not able to touch her food. Touching her hands, he looked into her eyes, brought out his tape recorder, put in the cassette and plays it for her.
After listening, he holds her tight, “Doreen, whatever you do from now on, be careful whom you trust. Those men on this cassette were either the people who testified against me in the civil trial or maybe it could be someone I’ve been pursuing.”
Doreen shivers thinking about what was said on the cassette, “Johnny, maybe it’s time you stop pursuing this, because now it’s getting dangerous.”
Johnny sighed, moving closer to her, “I understand, believe me, I’m concerned with your welfare as well as our baby.”
Doreen’s face mellows along with her sad eyes as she grips his hand, “I know you love and care about me, but I can take care of myself and appreciate your help.”
He holds her in his arms, “Look, love, you’re my responsibility! One question, though, does any of this have to do with Troy Grayson?”
Doreen looks up. “What are you getting at?”
Johnny explains turning to face her; he wanted to know if Troy Grayson, at any time, ever threatens her when she decided to leave him. She says he did make threats if she left him. “Did you tell anyone?” She says everyone knew and when she worked for Menden, he advised her to stay away from him. “You’re girlfriend, Madeline, she, I assume knew about Grayson, what did she say to do?”
Doreen says Madeline have been friends since they were in fourth grade and when she told her about his behavior, “She thought she should dump right away. Maddy is not one to make any bones about it.”
“That’s good.” He warns her, “Whatever you do, if anyone asks what’s going on, you don’t know anything; I feel Grayson and several of the others may be after you.”
She clings to him, “Why, I haven’t done anything to Grayson or anyone else.”
Johnny tells
her he couldn’t explain it fully right now, but just to be aware of those around you. “You might want to change your routes when you arrive and leave work, just as a precaution.”
Later on in the day, after Johnny gave Georgia a copy of the cassette, stops at Ralph’s office. Ralph asks him what brings him there. He explains, after running an errand, his father had called saying Ralph wanted to see him.
Ralph sat down in his chair behind the desk, as he gets up, a woman came out of the lavatory, she was dark skinned, but not black. Her name was Coretta San Jose; she came from a family who immigrated to the United States from El Salvador.
After the introduction, Johnny wants to know why she’s an American citizen after only being in this country for three years.
Coretta hesitates to speak; however, she takes a deep breath speaking in a Spanish accent, “After living here for a year, I marry an American citizen named Clem Linton.”
Johnny wants to know why she wasn’t addressed as Mrs. Linton.
She tells him she and her husband are separated, “Do you want to know why he and I are not together?” Johnny nods while she continues, “My husband is an ex con, who went to jail for impersonating a Black Meadows police officer on several occasions.” She says he wanted to be a police officer, but his overly aggressive fanaticism about it prevented him from being hired, “So, he would go to a shop in Knickerbocker with a phony identification and purchased a uniform. After his first offense, an administrative assistant to Senator Croydon was told to visit him saying they would get the record erased if he would agree to transport campaign money to the bank and was permitted to go with a ‘partner.’”
Johnny asks how much money were they talking, she said it was $2,540,000. She has to stop to sit down to consume a glass of scotch by drinking it straight, before resuming her story.