A Naked Singularity: A Novel
Page 5
Bail is set in the amount of fifty thousand dollars . . . fifty thousand U.S. dollars! Full order of protection issued. The defendant is to have no contact whatsoever with the complainant in this case. The case is adjourned to the 180.80 date in Part F . . . Part F.
P.D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Next case is docket ending 646—People versus Robert Coomer. Defendant is charged with Robbery in the First Degree on the sworn complaint of Officer Molloy. Counsel waive the reading of the rights and charges but not the rights thereunder?
Yes.
People notices?
People are therving 190.50 felony grand jury notice. We are also serving statement notice: the defendant stated in sum and substance to the arresting officer at St. Luke’s Hospital at the time of arrest: I took my money but there was no knife. He’s mad because he don’t like my rook opening.
What was that?
Repeat that for the court reporter please Madame DA.
R-O-O-K opening. I don’t know what that means.
It’s chess.
Fine.
The people are requesting that bail be set in the amount of fifteen thousand dollars your honor.
What?
Quiet Robert, let me handle it.
Although the defendant is not a predicate this is a very serious case. The defendant and the complainant are former roommates. Apparently, the defendant pulled a knife on the complainant and stole two hundred dollars from him. The defendant has several misdemeanor convictions and a warrant history your honor.
Counsel?
Judge I’m serving cross grand jury notice on the people and requesting that you release my client on his own recognizance. In this case we have a two-month delay between the date of this alleged incident and the arrest of my client. The people have offered no explanation for that delay. It’s true there was a dispute in this case over money but it was money that belonged to my client and which the complainant wanted him to use to pay rent. The dispute became slightly physical but there was never any knife involved. If you look at his raps you’ll see that my client really doesn’t have much of a record: a few minor misdemeanors and certainly nothing that would suggest he is the kind of person who would pull a knife on a friend and commit a robbery. As you can see my client is on crutches and is not well physically. He was bought here directly from the hospital where he was being treated for two broken legs he sustained after falling off the roof of a building. Significantly, while he was in the hospital he was visited by the complainant in this case who offered to let my client move back in with him once he got out of the hospital. So, given that, I think it’s certainly unlikely that the complainant will be pursuing these charges any further from this point. For those reasons your honor I’m requesting that you release my client.
People do you have any information about whether the complainant visited the defendant in the hospital and tried to resume their friendship?
No your honor.
Bail is set in the amount of fifteen thousand dollars . . . fifteen thousand, United States currency only, and the case is adjourned to the 180.80 date in Part F.
P.D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Next case is docket ending 651—People versus Terrens Lake. Defendant is charged with Criminal Sale of a Controlled Substance in the Third Degree on the sworn complaint of Officer O’Dell. Counsel waive the reading of the rights and charges but not the rights thereunder?
Yes.
People any notices?
People are serving 190.50 felony grand jury notice. People are also therving identification notice. There was a confirmatory identification done by undercover officer 6475 at 23:12 hours at the corner of 147th and Amsterdam. The people are requesting bail in the amount of five thousand dollars. This is an undercover buy and bust and the defendant has another open sale on which he pled guilty and has yet to be sentenced. That case is on for sentencing in two weeks in Part 29.
Counsel?
Any buy money or stash recovered?
People?
Your honor there was no prerecorded buy money or drugs recovered from this defendant.
So it’s a weak case against my client who denies that he made a sale. I’m serving cross grand jury notice on the people and I’m asking that you release him to the custody of his mother who is in the courtroom. He hasn’t been sentenced on his other case so he’s not a predicate. He’s sixteen years old and therefore still eligible for YO and probation not withstanding this new case. You’ll note judge that on his other case he made all his court dates so he’s shown that he will return to court if released. As I mentioned his mother is in the courtroom and she’s verified that he lives with his grandmother at 2218 Amsterdam Avenue. She doesn’t have any money for bail but given the weakness of the people’s case, his verified ties, and his age, I’m asking that you release him on his own recognizance.
Why did he tell CJA he lives with his girlfriend; which CJA was unable to verify?
He stays in both places but his primary residence is with his grandmother.
Bail is set in the amount of twenty-five hundred dollars, cash only . . . cash. Case is adjourned to 180.80 date in Part N.
P. D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Next case is docket ending 649—People versus Glenda Deeble. Co-defendant’s case will be done at a later time. Defendant is charged with Criminal Sale of a Controlled Substance in the Fourth Degree on the sworn complaint of Officer Gooly. Counsel waive the reading of the rights and charges but not the rights thereunder?
Yes.
People any notices?
People are serving 190.50 felony grand jury notice. People are also serving statement notice. The defendant stated in sum and substance to the arresting officer at the 23rd precinct at 23:20 hours: I’ve been arrested for this before, nobody saw what we were doing. People are serving identification notice at this time. There was a confirmatory identification done by undercover officer 2516 at 22:55 hours at the corner of Canal and Hudson. People are requesting that bail be set in the amount of ten thousand dollars. The defendant is a predicate felon with an extensive criminal history for prostitution cathes including one just two weeks ago. She also has a warrant history and has used several different names in the past. This is a strong case where prerecorded buy money was recovered from the co-defendant and stash was recovered from this defendant. For those reasons we are requesting that bail be set in the amount of ten thousand dollars.
Counsel?
I’m serving cross grand jury notice on the people and I’m requesting that you release my client. Frankly, the amount of the people’s bail request is absurd in its excess. First, this is an extremely weak case against my client. Even if the allegations contained in the complaint are taken to be true, it is the codefendant who exchanges methadone with the undercover and it is the codefendant who takes money from the undercover and, in fact, that’s where the prerecorded money is recovered at the time of the arrests. The people’s allegation that my client had stash on her at the time of the arrest is borderline disingenuous or at least not fully ingenuous let’s say. We know that the way these buy and busts work is that an undercover posing as an addict will approach people as they leave their methadone clinic on a day when they will be receiving an extra bottle. Therefore the fact that when my client is arrested she is in possession of methadone is not evidence of guilt but rather of innocence. If she had intended to sell her methadone then one would expect that she would have done so since she was obviously in the immediate vicinity of a willing buyer. So the characterization of the methadone that she possessed as stash is plainly incorrect. In the absence of any concrete evidence, what the people are left to allege is that my client looked up and down the street while the codefendant made the sale. That is clearly insufficient to constitute acting in concert judge. So I believe that this wil
l ultimately prove to be a legally insufficient case and I would be shocked if the DA actually presented this case to the grand jury with respect to my client. As far as her personal circumstances are concerned you can see that she’s obviously pregnant with her first child. She’s in very poor health having only recently been released from the hospital following transfusions necessitated by hepatitis. Additionally, she also has a terminal illness that she’s on medication for. As far as her community ties, although CJA failed to confirm them, she has shown me identification from the hotel she lives in with her husband and which is provided by D.A.S. Given these factors, she’s obviously not going to be able to make any bail so I ask you to release her judge.
Are you requesting medical attention?
I’m requesting that you release her which is the obvious—
I’m not doing that. Bail is set in the amount of five thousand dollars. Case is adjourned to the 180.80 date in Part N, that’s N as in narcotics . . . narcotics.
Your honor why are you setting bail on such a weak case; where’s she going to go?
Counsel, bail is set and I’m not going to listen to any further argument.
Well why not make five thousand the bond amount and set a far lower cash alternative.
I would characterize what you just said as further argument.
More like incredulity at your ruling.
Well keep expressing it and you’re going to see the bail double.
In that case, being that my pregnant, terminally ill client is going to be incarcerated on this airtight, earth-shatteringly serious case I am requesting medical attention.
Medical attention ordered.
P. D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Next case is docket ending 653—People versus Ben Glenn. Defendant is charged with Criminal Mischief in the Fourth Degree on the sworn complaint of Officer Jackson. Counsel do you waive the reading of the rights and charges but not the rights thereunder?
Yes.
People notices?
People are serving statement notice. The defendant stated, in thum and substance to the arresting officer at the time and place of arrest:
I kicked in the window for sure.
But look in me and see that my motives were pure.
Your honor the people are requesting that the defendant be 730’d. Apparently, the officers in this case indicate that the defendant was speaking very strangely and I see that his previous case was dismissed following a 730 examination.
Counsel?
Well I don’t think it’s the people’s role to come in and request that a defendant be 730’d. The relevant question, it seems to me, is whether I can communicate with him and whether I feel that he understands the nature of the proceedings against him.
So what do you want to do with the case?
I want you to give him time served on a plea.
People?
We’re recommending six months on a plea your honor. The defendant has a previous record and the window will cost four hundred dollars to replace.
Six months then.
No disposition. I’m requesting that you release my client on his own recognizance.
Bail will be set; do you have a further application?
I’m requesting a 730 examination.
The defendant is remanded and a 730 examination is ordered. Case is adjourned for two weeks to Part C for results of 730 exam.
P.D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Counsel do you need an interpreter on the Chinese case?
Can you get one?
Not anytime soon, we’ll put it over to the lobster.
No, I can do without.
Okay. Next case is docket ending 654—People versus Ah Chut. Defendant is charged with Unlicensed General Vending on the sworn complaint of Officer Faddis. Counsel waive the reading of the rights and charges but not the rights thereunder?
Yes.
People?
People offer a 240.20 and one day of community service.
Where did this community service come from? You said 240.20 and time served.
If I said that, it was a mistake. The standard offer is a discon and one day community service.
The guy’s been in jail twenty-nine hours.
What are we doing here counselors?
I’m trying to get the people to offer time served on a sixty-one-year old first arrest who’s been in twenty-nine hours.
As you know counselor it’s their offer and there’s nothing I can do about it. I’ll give him time served on a plea to the charge.
No because then he gets a record.
The offer is a discon with one day of community service.
You can go home now but you’ll have to do one day of community service.
Yeh.
My client is authorizing me to enter a plea of guilty to penal law 240.20, disorderly conduct, which is a violation not a crime, in exchange for the promised sentence of a conditional discharge with the condition that he perform one day of community service. He waives prosecution by information, waives formal allocution, and is ready for sentence.
Mr. Chut do you understand what your attorney just said?
He waives allocution judge.
No he doesn’t. I’m going to electrocute, I mean allocute him. Mr. Chut do you understand that your legal representative has offered to enter a plea of guilty on your behalf in exchange for the prosecution’s offer to reduce the charges in your case to the violation of disorderly conduct with the understanding that you will be sentenced to a conditional discharge the primary but not sole condition of which will be that you perform one day of community service?
Uh?
Do you speak and understand English Mr. Chut?
Can we approach?
Come up.
. . .
Judge he speaks very little English that’s why I waived allocution.
Well let’s get an interpreter.
In my experience that will take at least several hours at one in the morning and he’s already been in over twenty-four hours.
Well he clearly didn’t understand what I just said so I’m going to second call the case for an interpreter and let the next judge deal with it.
Can’t we just do the right thing here. Let him take the plea without allocuting, the case is over and all is well.
I’m not interested in doing the right thing as you call it; I’m going to do things correctly and that means not doing a case where the defendant doesn’t understand what’s happening.
Well then you don’t have to second call it, just release him with a date to return.
I’m not doing anything further on the case without an interpreter. How do I know he’ll even understand to return?
Then he’s entitled to be released if you’re not going to arraign him since he’s been in more than twenty-four hours.
You know the correct procedure for such an application is a writ.
Yeah and I know it takes longer than getting an interpreter.
A couple more hours in jail isn’t going to kill him . . . it’s not going to kill him.
Of course none of this would matter if she would just give him an ACD which is what the case is worth anyway; even he will understand dismissed.
I gave him the standard offer and I’m not changing it.
You seem to have an unhealthy fascination with all things standard.
Okay. That’s enough. Step back. Second call for Chinese interpreter . . . Chinese!
Second call, case is put over to AR-5! Step in. Final case is docket ending 652—People versus Rory Ludd. Defendant is charged with a violation of Parks and Recreation Regulation T-108 on the sworn complaint of Officer Milton. Counsel waive the reading of the rights and charges but not the rights thereunder?
Yes.
People?
On a plea to the charge people recommend time served.
I’ve d
iscussed it with him and my client is authorizing me to enter a plea of guilty to a violation of this park regulation.
Mr. Ludd did you hear what your attorney has just said?
Yeah!
Yes?
Yes.
And is it true that you wish him to plead you guilty to violating this parks regulation?
I don’t have any choice.
You most certainly do have a choice, you can tell him you wish to fight this case. Is that what you want to do? Fight the case?
No.
So you wish to plead guilty?
Yes!
And is it true that you were in the park after it had closed?
I didn’t even know they closed the park! I wasn’t doing anything; I don’t understand what’s going on!
Well they do close the park and you’re no stranger to the system having been arrested . . . fourteen other times . . . so do you want to take this plea or not?
Yes. I was in the park after it closed and I’m pleading guilty but why did I have to be put through the system for something so stupid why couldn’t they have given me a summons or a D.A.T.—a disappearance ticket?
I’m not concerned with that Mr. Ludd. The fact is that whether it’s usual or not the police did nothing improper here and whether they put someone through the system or give them a summons is left to their discretion. That said, do you still wish to take this plea?
Yeah.
Yes?
Yes.
Very well. The sentence is time already served and there is no surcharge on these cases . . . time served.
Step out of the well your case is over. That being the final case of the evening, AR-3 is adjourned until 5:00 p.m. AR-5 will commence in approximately fifteen—
TOTAL BULLSHIT!
Hold it! Hold it! Get him back in here! Counselor I’m going to hold your client in contempt of court and sentence him to fifteen days. Do you wish to be heard?
Judge, I don’t think he meant to direct that to the court. I think he was just frustrated by the fact that—
Speak with your client because unless I get some kind of explanation the summary conviction and sentence will be imposed.