Directed Verdict (Failed Justice Book 1)

by Rick Santini

  When Roger Rabbitt and Susan Watts both voted for acquittal, they were accused of spending all their time passing notes back and forth to each other and not giving a damn what happened.

  At times, the truth hurts.

  “What can you possibly see in a skinny fag, unemployed actor?”

  Susan was about to scratch the eyes out of Phyllis Fisher.

  “Can we at least be civil to each other? If not, we’re going to be here a very long time.”

  No one was about to make the first step. There were no apologies given. It was far too early for that.

  For the next twenty minutes the insults flew. Then it became quiet. No one was willing to talk. To anyone, about anything. This went on till it was time to go home.

  “Time to call it a day. I suggest we all think about the oath we swore to. A man’s life is at stake.”

  La’Tasha knew it had not been a very productive day.

  Not by a long shot.

  CHAPTER 47

  Billy Jo didn’t know what to think. The jury had been at it going on three days straight. He was now hoping for a hung jury.

  Marta Clarke was gaining hope every hour. She had been sure a “Not Guilty” verdict would be rendered by noon the first day of deliberation. She was feeling twinges of remorse that she had been so wrong. Never a good sign by a prosecutor.

  Judge Sugarman kept sending notes to the jury room asking what was taking so long. If they had questions to ask, they would be answered. If they wanted part of the transcript read back to them, just let the court know what section. If they needed exhibits, let the bailiff know.

  The response. Silence. The jury wasn’t talking to anyone. The fact was, they were hardly talking to each other.

  By the end of the third day another straw vote was cast. This time it was also seven to five. Seven for conviction, now only five for acquittal. Some would call it progress. Others would later say the swing votes were too tired to care.

  At the beginning of Day Four, Sugarman lost his cool. He called the jury back in.

  “Madam Foreperson, what seems to be the problem?

  “We’re deadlocked, Your Honor. We have a hung jury.”

  “Not in my courtroom, you don’t. Now you go back in there and concentrate on what you swore to do. Listen to each other. Recognize the other person may have a valid point. This is my first big trial. I don’t want to start off my career with a hung jury.”

  Billy Jo listened to the judge in astonishment. He may have just gone a little too far. If his client was convicted, still a long shot in his mind, there were definitely grounds for an appeal.

  ***

  José Morales, Juror Two was becoming less cocky. He was far less arrogant and aggressive. The judge made it clear, listen to the other jurors. Initially he was sure he was right. It had been a set up. Now he wondered if Kolkolski made up the whole scenario to make it look like he was the victim. He decided he was going to change his vote from not guilty to guilty.

  Now the vote was eight to four, for conviction.

  Roger and Susan were among the four. They were still holding out. They were also getting antsy. They had made other plans—with each other. Why couldn’t the other jurors see the obvious?

  The other two holdouts were La’Tasha and Neil O’Brien. Everyone pretty much understood La’Tasha, she took no shit from anyone, and besides, Ms. Clarke had not proven her case. There were substantial questions that had not been answered. It could well have been the father of the rape victim. He had motive and one would guess opportunity. There had been some talk of his being connected with the Russian mafia. No one had any proof.

  Neil O’Brien was the surprise. His attitude and demeanor had changed after the initial exchange with Phyllis Fisher, Juror Six. He had gone from an arrogant, non-caring prick to a questioning and insightful adult. Maybe he had been off his meds the first day. It was the only logical explanation.

  “We have decided to change our votes. We now believe the defendant is guilty.”

  The room stared at Roger and Susan. It was obvious they wanted to split and get this all over with.

  “Why?” La’Tasha asked. She felt Roger and Susan needed to explain themselves to the others. What did they see that she was missing?

  “We just changed our minds. We have that right and we don’t have to explain it to anyone. That now makes it ten to two. Are we all just going to sit here forever?”

  It was less than a half hour later the court sent a message asking for a status report. How close were they to a verdict?

  “Ten to two.”

  The note did not specify who the ten were for, who the two were for.

  “Please keep trying. Deliberations will continue through Saturday, if necessary,” the reply came back.

  “He can’t do that. I have already made plans for Saturday,” commented Steven Block, the high school math teacher. “I’m going out of town for the entire weekend.”

  “Saturday is the only day I have to shop and clean.”

  “I planned on going boating with some friends,” piped in Juror Four, Phil Marlow, who had not spoken a dozen words since Day One.

  All eyes in the room were now on La’Tasha and Neil.

  “I change my vote to guilty.” Neil had just succumbed to the pressure. The count was now eleven to one.

  “This is not how the jury system is supposed to work. I still vote not guilty.”

  La’Tasha’s eyes challenged anyone in the room to argue with her.

  “It’s four thirty and I’m tired. Nothing else will be gained today. Let’s go home and I suggest everyone think long and hard about their vote.”

  With that, La’Tasha put her glasses in her purse, a sure sign she was about to get up and leave.

  CHAPTER 48

  “They can’t do that. I won’t allow it. You go out and bring every last one of them back to the jury room and they will stay there till I release them. I might just order them sequestered until they reach a verdict. I don’t care if it takes till Christmas.”

  “I’m sorry, Judge, they have all left the building,” the bailiff meekly reported.

  Damn them all. They’re out to make me look bad.

  Bob Sugarman was now getting totally paranoid.

  ***

  “Hon, your mother called. Your father’s not doing well. He’s back in hospice. They don’t expect him to last too much longer. I think we should plan on going down to Naples over the weekend.”

  La’Tasha dropped her purse on the table and looked at her husband.

  Not this. I can’t handle it and the doctor said to keep the stress to a bare minimum.

  She had a feeling if a verdict was not reached by Friday, the day after tomorrow, the jury would be locked up in some hotel for the weekend. She now had the decision of her life—a man’s life who she hardly knew or saying goodbye to her father, who she had loved dearly for the past thirty-three years. La’Tasha knew she could never budge the other eleven. It was now a question of a guilty verdict or a hung jury. There was no question the pig-headed judge would sequester them for as long as he could, to protect his precious reputation.

  Clearly this was not what Thomas Jefferson had in mind when he prepared the original Bill of Rights.

  ***

  “Has the jury reached a verdict?”

  “Yes, Your Honor.”

  “How say you?”

  La’Tasha was so ashamed of herself she could not look anyone in the eye. Neither the judge nor Mr. Kolkolski.

  “On the single count of Murder in the First degree…guilty.”

  No one said a word. The judge was so pleased they had reached a verdict, any verdict; he wanted to stand up and scream.

  He barely controlled himself.

  Wally looked at Billy for help.

  “Don’t worry, we’ll win on appeal. Sugarman screwed up at least a dozen times,” Billy Jo whispered.

  He had to say something. Anything.

  Hearing that didn’t help much. Ap
peals take time. The appellate court was never in a hurry to overturn a trial court judge in a capital case. That alone caused Wally to sit down again. His knees were weak.

  “Permission to poll the jury?”

  “Of course, Mr. Gibson.”

  All of a sudden Judge Sugarman was feeling good and now had all the time in the world. No one was going anywhere…until he said so.

  This is my courtroom and now the whole damn world knows it.

  “Juror One, is this your true and correct verdict and did you render it without force or coercion from anyone?”

  “Yes sir.”

  “Juror Two, is this your true and correct verdict and did you render it without force or coercion from anyone?”

  “Yes sir.”

  When it came to Juror Six, La’Tasha Williams, she could not look Billy Jo in the eye. She hesitated before responding. Everyone in the courtroom had their eyes on her. Sugarman was just daring her to say no.

  “Juror Six, would you like me to repeat the question? Are you telling me, telling the court, telling Judge Kolkolski sitting over there, that you truly believe that he is guilty of murder?”

  “I’m having stomach pains. I think I’m going to get sick. May I pleased be excused, Your Honor?”

  La’Tasha did not wait for an answer. She rushed out of her seat, the last one in the first row, and ran to the ladies’ room. She could not bring herself to answer truthfully.

  “Ten minute recess, everyone. You may remain in your seat until Juror Six returns.”

  Twelve minutes later Juror Six sheepishly returned to her assigned seat.

  “My apologies, Judge.”

  “I hope you’re feeling better Juror Six. Mr. Gibson, would you please repeat the question?”

  Billy Jo came as close to the jury box as was permitted. Probably a few steps too close and in a soft, patient voice repeated the question.

  La’Tasha refused to raise her head. She stared at her feet and in the quietest voice possible stated, “May God forgive me, yes.”

  Billy Jo could not believe what he just heard.

  “Could you please repeat what you just said, Juror Six?”

  “May God forgive me, yes.”

  Billy Jo turned to the bench.

  “Side bar, Your Honor.”

  If looks could kill, Billy Jo would have just spoken his last word. Judge Sugarman mumbled two words.

  “Chambers. Now.”

  ***

  “You heard her, Judge, the court reporter heard it, everyone in the courtroom heard her. She said, ‘May God forgive me, yes.’ That is not a yes in my mind. The vote is not unanimous.”

  “I disagree with you, Mr. Gibson, and last I looked, I am still wearing the robes. Juror Six is obviously a very religious woman. She took her oath seriously and was pained to find another human being guilty of taking another man’s life. Is there anything else? If not, let’s get back inside and finish this case up.”

  Marta decided to say nothing. This was not her fight and she had absolutely nothing to gain.

  “I will be making some motions after the jury is polled.”

  “I’m sure you will, Mr. Gibson, I’m sure you will.”

  Make all the damn motions you want; and I’ll deny every last one of them.

  Billy Jo polled the remaining six jurors, who became very quiet. He then asked if the judge would hear his motions.

  “In the morning, Mr. Gibson, it’s been a long day.

  “Bail is revoked. The defendant is remanded to the city jail. Motions will be heard at 10:00 a.m. The jury may report at 2:00 p.m. Adjourned.”

  Sugarman could not wait to get home and have a stiff drink—or two.

  Billy Jo stayed with Wally as long as he could. Finally the deputy leaned over to him.

  “Sorry, Mr. Gibson, I’m just doing my job.”

  Wally was led out the special side door in handcuffs and leg irons. As if he was going somewhere.

  Marta Clarke could not look anyone in the face. If ever there was a miscarriage of justice, this was it.

  CHAPTER 49

  “All rise.”

  Billy Jo thought carefully how he would present his motion. He had a sick feeling he already knew the answer. He rose and walked to the lectern.

  “Your Honor, if ever there was a case for a directed verdict, this is it. This one cries for justice. You saw Juror Six waiver. Ms. Clarke’s case was built on a deck of cards. There was not one scintilla of proof my client was even in the same room at the time the murder took place. There are no fingerprints or gun residue on my client. Nothing. The police made no effort to secure the crime scene or question Alexey Cummings or whatever his real name is. This was a setup and everyone who sat here for the past week and a half knows it.”

  “Apparently the jury did not know it, Mr. Gibson.”

  Billy Jo just glared at the judge. The response was totally unjudicial. He knew all further arguments would be a waste of time. The judge made his call on this one a long time ago.

  “Mr. Gibson, I will give you my ruling in the morning. Now if there is nothing further…”

  “May I make one last point, Your Honor?

  Billy Jo was now pulling out all the stops. At this point he had nothing to lose.

  “Go ahead, Counselor.”

  “There is precedent for my motion. In this very courtroom, as a matter of fact. The two most important individuals in that case are right here in this courtroom today.”

  “I would strongly suggest you not go there, Mr. Gibson.”

  Billy Jo ignored the warning.

  “I’m going to build a record in the event there is need for an appeal. The case I am referring to was People vs. Anthony Ricardo. The defendant was found guilty of rape by a jury of his peers. The attorney for the defendant moved for a directed verdict and the court granted said motion. If I am not mistaken, you, Your Honor, was defense counsel at the time and the judge was the Honorable Walter A. Kolkolski. If that is not sufficient precedent, I don’t know what is.”

  The two of them just stared at each other. If Sugarman could have held Billy Jo in contempt of court, he would have done so in a New York minute. Of course there was contempt, but the judge could legally do nothing about it.

  “Are you now finished, Mr. Gibson?”

  “For the moment, Judge. Just for the moment.”

  Sugarman was about to bang his gavel signaling for a break in the action when Ms. Clarke stood up and quickly approached the bench.

  Sugarman had just about reached the end of his rope.

  “Yes, Ms. Clarke.”

  “Judge, may I please be heard?”

  “I suppose so, Ms. Clarke. I just don’t see why? You’re way ahead in the game. What can you possibly add?”

  “Judge, I’m not ahead. And this is hardly a game. I am an Assistant District Attorney. I am also an officer of the court. I am not interested in who wins or loses, only that justice prevails. For the record, the People do not oppose the motion.”

  “Ms. Clarke, do you have any idea what you are saying? Mr. Gibson here just asked I vacate the finding of the jury. The same jury you have spent the better part of two weeks trying to convince that Mr. Kolkolski was guilty as hell. Now you are suggesting the jury was wrong. That you were wrong. Is that what you are now telling me?”

  “Again, Your Honor. It’s not about winning or losing, it’s all about right or wrong. I was doing the job I was paid to do. I am suggesting to the court the jury may be trying to punish Judge Kolkolski for past misbehavior. Behavior that is not relevant to this case.”

  “I have heard enough. I will give you my ruling in the morning and I suggest you have a long talk with your boss, Ms. Clarke. I certainly intend to. We are adjourned.”

  That bitch. That no good, deceitful, black bitch. I will have her job for that insult.

  Billy Jo immediately had newfound respect for Marta. He had an idea that was beginning to form in the very small recesses of his brain.

  Judge Su
garman picked up the phone in his office. He needed to talk to the District Attorney himself. Now.

  “I’m sorry, Judge, but it would be improper if not highly unethical to discuss the case with you while one of my top assistants is presently handling it. I have complete confidence that whatever Ms. Clarke said or did, she gave it a great deal of consideration. Thank you for calling me.”

  Click.

  Sugarman was now beyond livid. He wanted to talk to the Chief Justice but knew it was a waste of time. He wanted to kill Billy Jo and Marta. But most of all he wanted to make Wally suffer.

  It’s all his damn fault. Why did I ever get involved with him in the first place?

  ***

  “Court is now in session. The Honorable Robert Sugarman presiding.”

  “Mr. Gibson, I have spent considerable time and thought on your motion for a directed verdict. What you are really asking for is jury nullification, the acquittal of the defendant by this court in complete disregard to the jury’s findings of fact, is that correct?”

  “Yes, Judge.”

  “Mr. Gibson, I simply cannot do that. The role of the jury is to determine the facts; the role of the judge is to apply the proper law. The jury has found the defendant guilty. I will not, I cannot disturb that ruling. Motion denied.”

  Billy Jo was disappointed but definitely not surprised. Wally had predicted this all along.

  Wally sunk his head down, his shoulders sagging. Suddenly he was an old man. A convicted felon. He had no idea how this happened to him—and why.

  The gentleman in the rear, with no neck, quietly stood up and left the room. He had a single phone call to make.

  “If there are no other matters, sentencing will take place next Monday morning at ten sharp. Have a nice weekend, everybody.”

  Let those bastards realize this is my courthouse and I run it as I please.

  CHAPTER 50