Behind the Robe

by Barbara Sattler

  Lourdes has other worries. How will Carlos act if he drinks too much? And he will drink too much. Molly’s seven months sober, but Lourdes is afraid she’ll fall off the wagon. New boyfriends have led Molly astray before.

  “Carlos, maybe you shouldn’t drink tonight.”

  “Just because your friend Molly has a drinking problem I can’t have a beer?” A beer would be fine, but he’ll probably drink a pitcher of margaritas. “Why are Molly’s problems your priority, not mine? I work hard. I deserve a chance to relax.”

  “You’re right,” she says to placate him.

  Lourdes never knows how alcohol will affect him. Sometimes he gets quiet. Sometimes he talks too loud. Most often he rages against the rest of the world:

  “The government doesn’t treat vets fairly.”

  “Anglos get job preferences.”

  “The idiot clerk at the gas station dissed me.” He’s been less angry since he got the Raytheon job, but who knows how long that’ll last.

  Lourdes and Molly skip their Saturday morning get together. Lourdes takes the opportunity to enjoy a leisurely breakfast with Carlos. On weekdays they get up at the same time, but he’s out the door in twenty minutes. He’s gotten in the habit of eating breakfast at the employee’s cafeteria with Rick Diaz, a vet he’s become friendly with. Lourdes has met Rick a few times and likes him. She’s glad Carlos has a friend she likes.

  Lourdes enjoyed being alone on weekday mornings. She can read the paper and think about her day. Eat her favorite breakfast—Eggo Waffles with real maple syrup. If Carlos were home, she’d have to cook breakfast. He’d want eggs and bacon. He’s never said anything, but she can tell he thinks eating frozen waffles is ridiculous.

  Molly and Lourdes both dress for dinner. Molly wears a slinky dress, heels and make-up. Lourdes, black slacks, a silk shirt and scarf. Both women are attractive and heads turn when the two couples enter the Firebird Grill. Lourdes likes the food, but can’t help remembering what happened here less than a year ago. A man shot and killed his ex-girlfriend and wounded a court reporter she knew. She was just in the wrong place at the wrong time. No one mentions it. Just another shooting.

  The restaurant doesn’t take reservations. Molly puts in their name. “It’s only twenty minutes. I’ve got a beeper, let’s walk around the mall. Check out what’s on sale.” Lourdes is relieved they aren’t waiting at the bar.

  Only twenty minutes? Lourdes hates waiting. As the two couples walk, Lourdes checks out Jared, who has his arm tightly around Molly’s waist—5’10,” slim with brown eyes, somewhat long dark brown hair, and stud earrings. Carlos is casually dressed, but Jared wears a tapered black shirt and black slacks that look expensive. His short boots are new or recently polished. (His hands are soft and manicured.) She looks at hers with disgust. Uneven and bitten down.

  Closer to forty minutes, the beeper buzzes. They are shown to a table in the middle of the restaurant. Lourdes knows Carlos doesn’t want to sit there. She should have thought about that and talked to the staff. But it’s too late. Everyone sits down but Carlos. He follows the hostess and has some words with her.

  “We’re moving to another table,” he says. “It may be a few more minutes.”

  The four of them walk back to the front of the restaurant and stand uneasily. Jared and Molly have moved away and are having an intense conversation. Neither Carlos nor Lourdes say a word. A waiter brings Carlos a margarita.

  Finally they are led to a booth near the back of the restaurant.

  As they peruse their menus, Jared turns to Carlos, “I heard you’re a veteran. My brother did two tours in Iraq.”

  Carlos says nothing and Lourdes’ stomach begins to churn.

  “I get it. My brother doesn’t want to talk about it either. So what are you doing now?”

  Carlos takes too long to answer, but finally says, “I work at Raytheon in Security.”

  “I hate to interrupt,” Lourdes defuses the situation “but we need to order. I’m famished. Anyone have any favorites?”

  “Everything is really good. I like the BBQ ribs, and all of the steaks,” Molly says.

  “I usually have trout,” says Jared, “I try to avoid red meat. It’s unhealthy.”

  Carlos has steak, the largest one on the menu. Lourdes ribs. Both Molly and Jared order trout. Carlos orders another margarita.

  Lourdes can tell that Carlos is sizing up Jared. His earrings, longish hair, and clothing will be mentioned later, not in a positive way. Carlos doesn’t like when non-veterans act like they know what it’s like to be a soldier. He doesn’t like non-veterans to mention the service.

  She knows Molly wonders what’s with the change of tables. Since Carlos came home from Afghanistan, he insists on sitting in the back of restaurants, classes, meetings----anywhere there’s a gathering of people. Lourdes has learned that’s a symptom of PTSD. Sitting in the back, you can see everyone, watch who comes in, what they’re doing. No one can sneak up on you. Lourdes wonders if Carlos is particularly anxious because of last year’s shooting?

  Lourdes isn’t thrilled with Jared either. She doesn’t care about his appearance, but he’s too full of himself, and a know-it-all. He asks the waitress several questions about how the food is cooked and seasoned. Complains about his iced-tea. Sends it back. Who sends back iced-tea? Lourdes is surprised when Molly orders trout. Fish is not her thing. She’s a carnivore. But Molly always tries to please her man. Lourdes raises her eyes and Carlos gives her a little smile.

  By the time they get their food, Jared has been talking non-stop about his plans for a documentary film about a murder trial involving two doctors, partners, who were seeing the same woman. One doctor was charged with killing the other. Lourdes knows a great deal about the case as one of her close friends represented the doctor at trial. Jared seems to have gotten his limited information from the newspaper, has no funding and no real job.

  “Just in the preliminary stages now, shopping the idea around to Netflix, Amazon and some individuals in the business.”

  As the meal progresses Molly seems tense and goes out of her way to please and praise Jared.

  “He’s so considerate,”

  “He’s so smart,” and

  “His project is going to be a great success.”

  Lourdes is reminded of how Molly used to act with men before she got sober.

  Jared monopolizes the dinner conversation. He makes no effort to get to know Lourdes or Carlos. Doesn’t seem interested in any opinion Molly has other than about himself. Carlos is probably just as happy to concentrate on his food and drink.

  Both Lourdes and Molly enjoy food and usually eat heartily. They’re lucky to each have good metabolism. Rarely, “I’ll just have a salad.” Almost always eat dessert. Tonight Molly leaves at least half her fish. Neither Carlos or Lourdes want to stay longer than necessary so both decline dessert. Jared and Molly follow suit.

  Molly suggests they get gelato at a shop a couple minutes’ walk, but Jared nixes it. “I think you’ve had enough, Molly.”

  SEVENTEEN

  Lourdes arrives early Monday. She puts on coffee, grabs a copy of her calendar. Drug Court days are always long. This one is no exception. The phone rings. It’s only 7:15 a.m. There’s rarely anyone in her office this early. She wonders who’s calling. It’s a County number, but not one she recognizes.

  “Judge Velasquez, Jack Clarke. You’re in early. I expected Mary to answer.”

  “I could say the same for you.” Jack’s one of her ex-colleagues at the PD’s office. She still isn’t used to friends calling her ‘Judge,’ but in the courthouse people follow protocol.

  “Listen, can I come talk to you? I just need a couple minutes.”

  Lourdes looks at her calendar again. “My morning docket should be finished around 10:30, barring disaster. You’re scheduled in here for a motion at 10. If it works for yo
u, come over around 10:15. I’ll take you last and then we can get together.”

  “Sounds good.”

  What does Jack want? Not legal advice. He’s been a public defender over twenty years. She hopes his visit has nothing to do with Molly. They’d dated when Molly started at the PD. Jack ended their relationship when he found out Molly was dating another lawyer in the office behind his back. In spite of her behavior, Jack was instrumental in getting Molly into AA. Without Jack’s help, Molly might never have gotten sober. Be on the streets.

  Lourdes had come in early to catch up with the ever increasing pile of letters, motions, and requests from defendants to get their right to vote or their firearms returned, to get fees waived, or to get a sentence changed. Really a pain to read illegible letters from defendants who can’t spell, don’t understand the law and don’t have much else to do than write to the judge.

  PDs have no obligation to represent clients after sentencing. Some do. Private lawyers sometimes have that obligation depending on the agreement with the client. (Lourdes is too new to have post-conviction stuff on her cases, but has inherited requests from the previous judge.)

  The morning goes swiftly. She finishes everything but Jack’s case by 10:15 a.m. Marcia Kline, the County Attorney covering court, is one of the few reasonable ones. Lourdes hates CAs who always ask for the maximum sentence, oppose every defense motion and make everything an issue. It isn’t only CAs. Some of the PDs are just as difficult. She wouldn’t have admitted that when she worked there.

  She calls Jack’s case.

  “State v. Walters CR201742228. Mr. Walters has filed a motion requesting a new lawyer.”

  “Mr. Clarke, what do you know about this?”

  “Last time I visited Mr. Walters. . .”

  “He never visits me,” Walters interrupts.

  “You’ll get your chance, Mr. Walters. Please don’t interrupt.”

  “Last time I saw him, everything seemed fine. I have no idea why he wants a new lawyer.”

  “Judge, I don’t want Mr. Clarke. He never comes to see me. I want a trial. He wants me to plead guilty even though I haven’t done nothing.”

  “Your Honor,” Jack says, “Mr. Walters is looking at 7 to 21 years if he’s found guilty of all the charges. The state offered 90 days with credit for time served. If he takes the plea, by the time of his sentencing, he’ll be released.”

  “What does he have to plead to?” Lourdes asks.

  “Attempted possession of cocaine.”

  “I didn’t possess no cocaine,” Walters says.

  “Your Honor, may I approach?” Lourdes nods. Jack and Marcia Kline walk to the bench.

  “This is off the record,” she advises the court reporter who takes her hands off the recording machine. “Go ahead, Jack,” Lourdes says.

  “Two police officers walked up to Mr. Walters’ car and saw him smoking a joint. Before the cops could say a word he blurted out, ‘I wasn’t smoking pot and the cocaine in the trunk isn’t mine.’ It’s a great plea.”

  Lourdes looks at Ms. Kline who shakes her head in disbelief. ”This isn’t my case. My notes just re-offer the plea. It sounds like we gave away the store.”

  Lourdes sends them back to their seats. “Mr. Walters, have you read the police reports?”

  “Yes.”

  “Have you talked to Mr. Clarke about the evidence against you and how he could defend you?”

  “He don’t want to defend me. He believes the cops.”

  “Okay, Mr. Walters, I’m going to appoint you a new attorney.” She shuffles through some papers. “Your new counsel is Ava Bland. Mr. Clarke, I’m ordering that the PD be relieved from this case. Please hand over your file to Ms. Bland within forty-eight hours. Mr. Walters, your new counsel will be out to the jail to see you soon.”

  Jack smiles to himself. Ms. Bland, aka, Boobs Bland is as lazy as you get. She got a court contract because she’s good-looking with big tits. The Chief Judge is known to like them, although as far as Jack knows, he’s never gone further than looking. Walters will be lucky if Bland comes to see him in the next month.

  Lourdes adjourns court and heads back to her chambers followed by Jack Clarke.

  “How do you like being a judge?” Jack asks once they are seated in her chambers.

  “Not sure yet. It’s kind of lonely. I miss seeing everyone. I only talk to Mary and Becca, my law clerk. Have you met her?” Jack shakes his head. “But I doubt you came to talk about my job.”

  “That’s true. I hope I’m wrong, but I’m worried about Molly. I think she might be drinking. I can’t talk to her. I know she’s seeing a new guy. She won’t take it well if I interfere.”

  “I worry about her all the time. My husband and I had dinner with her and Jared recently and between us,” she looks at him intently, “I think her boyfriend is a bad influence. Arrogant, narcissistic. Doesn’t she have a sponsor?”

  “She did, but the woman moved out of state. Alaska, I think. I tried to convince her to get a new one, but she said she could handle being sober without that kind of help.” Jack shakes his head. “She’s wrong. You always need a sponsor.”

  “What do you think I should do?” Lourdes asks.

  “I’m not sure. If you think she’s drinking, confront her. Maybe she’ll listen to you.”

  “I’ll try. We still meet every Saturday. I hope we’re wrong. I adore Molly and would hate to see her screw up.”

  “I can’t say I adore her, but I think she’s a decent person and I hate to see anyone relapse.”

  Mary buzzes. “Jury commissioner, Line One.”

  Jack stands up, “I better go.”

  “You don’t have to. This will only take a minute.”

  “That’s okay. I have a hearing in front of Jacobs.”

  “Thanks for the info, Jack. Let’s keep in touch.”

  Lourdes presses Line 1. “Hello, this is Judge Velasquez.”

  “Can you take a DUI trial tomorrow? Scheduled for two days.”

  “Sure. Is it a 10:30 a.m. or 1:30 p.m. start?”

  “1:30 p.m. Thanks. It’s an old case and needs to go. It was assigned to Judge Nichols, but he started an assault case last Thursday that is still going on. The lawyers totally underestimated how many trial days they needed.” Lourdes wishes it wasn’t a DUI, wonders if they are asking her or telling her. But a trial is a trial and any one can turn out to be exciting.

  Lourdes wonders why Jack’s so concerned about Molly. His reason doesn’t ring true. Perhaps he still cares for her? Molly says they have only a casual relationship. For a while Jack wouldn’t speak to her. Lourdes knows Molly regrets their break-up, but Jack was clear she’d ruined any chance of a relationship in the future. Jack has dated a few women since Molly. He’s always dating someone, but he hasn’t been in a relationship since Molly. At least as far as she knows.

  She’d love to see them back together.

  EIGHTEEN

  Tuesday morning. Lourdes has morning court, and the DUI trial at 1:30 p.m. She gives Becca the trial file, and a copy of the instructions she had prepared for the DUI trial that the State dismissed. “See if you can fix up these instructions to fit today’s case. The facts are fairly similar so it shouldn’t be too hard. I don’t need them till tomorrow.”

  Lourdes enjoys morning court. It’s her favorite part of being a judge. Every day is different. She never knows which lawyers will appear or what problem she’ll have to solve. She likes the hectic pace. Today she has a couple changes of plea, a probation revocation hearing, a motion to continue a trial, and two urgent add-on matters involving drug court clients. ‘Urgent’ often means more convenient for the lawyer, but unless her calendar is extremely crowded, Lourdes doesn’t mind.

  Court goes smoothly. The smartest way to run a calendar is to forget the calendar and jump to any case where both sides are ready
. Most criminal hearings are scheduled at 9 a.m. In-custody defendants are brought up in small groups or even one at a time if jail personnel deem the individual dangerous. Public defenders have cases in several divisions and aren’t always there when you want them. Private lawyers can go either way. Always on time and ready, or late because they think their time is more important than the judge’s.

  The changes of plea are completed. No one denies guilt at the last minute or admits to being high. The probation revocation hearing becomes a change of plea. The defendant admits missing meetings with his PO in exchange for the dismissal of three other more serious violations.

  “CR 20177734 State v. Morton. Motion to Continue.”

  “Judge I need more time to prepare. I haven’t interviewed all the witnesses. The State disclosed twenty-four.”

  “State doesn’t object, but we chopped our list down to six.”

  “How much time do you need?”

  “Two months would be enough.”

  “This isn’t a murder or a complex matter. Case reset March 24.”

  “Judge, two weeks is not enough. I have other cases. Have you forgotten already?” The courtroom quiets down hoping Lourdes will reply angrily.

  Lourdes doesn’t take the bait. “Motion denied. See you in two weeks.”

  The first add-on, Anthony Lewis, is one of Lourdes’ favorite drug court clients. She hopes he hasn’t dropped dirty, but that wouldn’t be enough to bring him to court on a non-Drug Court day. He’s homeless, around 50, looks 70, and has been an addict for as long as he can recall. The last fifteen years he’d mostly used crack cocaine. Most of his teeth are gone. He has few clothes, but is always clean. Lourdes admires his sense of humor especially about himself, “I’d have made a mint from the tooth fairy.” And that he never lies about his drug use. He’s been clean the last few weeks.