“Dammit. Every time I trust somebody and think they’re my friend, I get screwed. Am I so stupid that my immediate world uses me as a doormat? First Gladys, now Anne. Maybe Joe will turn out to be a rat too. You can forget about coming to my wedding. No more Nice Girl Liz. I won’t trust anyone again, ever.”
Before I could ask if that included me, she hung up
“I take it you were talking to Judge Maxwell.” Carlos had come into the kitchen.
“I can’t worry about her anymore. I’ve got to get to court for Luis’s hearing. If I don’t win this petition today, Luis may end up as a Guantanamo prisoner for years.”
“My parents and I will be in court to cheer you on and support the Coronas. I know you’ve done everything that you can do to free Luis. You’re taking on the federal administration. My grandmother used to say ‘no one can make the earth spin in a new direction.’ Well, it made more sense in Spanish. Or maybe it was ‘no one can make the earth spin sideways.’ You know what I mean.”
“Why aren’t you going to work? You need to get your condo tower done.”
“I can spare some hours. My foreman is on the job. It’s moving along.”
“Usually you have two other new projects on the table. What else are you working on? I’ve been so busy I haven’t even asked you about your work.”
“Nothing else is on the table. I’ll talk to you about this when you finish Luis’s case.”
I dressed, grabbed my file, zoomed out of Coral Gables, and picked up Catherine at the office. I would have to worry about Carlos later. Right now it was going to be Luis Corona’s moment of glory.
CHAPTER FIFTY-NINE
Catherine and I were rushing down the hallway to the courtroom when I saw Harlan McFarland waiting outside the courtroom door. He had a cameraman with him.
“Ms. Katz, I’m so excited the Herald is letting me cover your hearing. Is there some reason why the feds haven’t brought Luis to court? I figured I’d get the inside of this from you.” Harlan dropped his notebook, picked it up, and dropped his pen.
The camera guy was pointing his camera at me and once again I was caught with my mouth gaping open.
“What do you mean Luis isn’t here?”
“Just what I said. I asked the bailiff if there was any chance I could speak to Luis before the hearing, and he said you were in for a surprise The feds never brought him to the courthouse.”
“Thanks, Harlan. This is definitely a surprise. The judge’s order has been ignored.”
Catherine and I hurried into the courtroom. I left Catherine unpacking our folders. I approached one of the security officers. “Would you please bring my client in? The hearing is about to start.”
“He is not present, ma’am. I don’t know anything about this.” He turned and walked away.
I looked out into the audience and saw Señor Marquez, the Coronas, J.C. and Angelina and Carlos. They all looked expectantly at me. This was one of those times where I wished I was sitting in the audience, instead of standing in federal court with egg on my face.
Judge Hammel’s law clerk entered the courtroom. Federal judges have law clerks to help them draft orders and do research. They are usually newly graduated attorneys with a lot of energy. The sign on the law clerk’s desk said “Marcia Lu.”
“Ms. Lu, I’m Mary Katz, Luis Corona’s attorney. I have just been informed that he has not been brought to court this morning as Judge Hammel ordered last week. He also ordered that Luis not be removed from this jurisdiction until after the habeas corpus hearing today. He made that in the form of a temporary restraining order. Could you please inform Judge Hammel of this before he takes the bench, and could you see what you can find out about where my client is?’
Marcia Lu leaped out of her seat. She grabbed her pad and pen. “This is very surprising. I’ll take care of this at once.” She raced from the courtroom.
I walked back to the rail that separates the spectators from the well of the court and signaled to Carlos to come to the rail.
“What’s wrong? You’re frowning like you have a horrendous pain somewhere,” Carlos said.
“I have a pain all right. The feds have pulled off a nasty surprise. They’re hiding Luis somewhere. He’s not here. I need you to prepare the Coronas.” Someone tapped me on the shoulder. Ms. Lu was standing behind me.
“The judge is on his way into court. No one knows anything so far about your client’s whereabouts. Here come the government lawyers.”
We watched as three grim-looking attorneys marched into the courtroom pulling a cart with several files. Just then the bailiff called us to order as Judge Hammel took his seat.
“Hear ye, hear ye, all rise for the Honorable Judge Hammel. The District Court for the Southern District of Florida is now in session, God save this Honorable Court and the United States of America. Be seated. There will be no noise from the spectators or I’ll clear the courtroom,” the bailiff bellowed out his formal greeting.
I realized that Miguel and Consul Marquez were conferring in heated tones. Maria Corona was once again sobbing as J.C. tried to comfort her.
Judge Hammel looked like an approaching thunderstorm. “What have I been told? The petitioner, Luis Corona, is not present. I ordered this hearing and ordered that Mr. Corona be present. Where are the government attorneys?”
The heaviest of the three men got to his feet. “Your Honor, I am Michael Santini. I am a staff attorney in the Department of Homeland Security and at this time on loan to the Department of Justice.”
“Well, Mr. Santini, that’s a long title. Can you shed any light on why my order was ignored?”
“Yes, Judge. I can, but first I must request that we close this courtroom and clear it of any nonessential personnel.”
“You mean it’s top secret why you have disobeyed my order? All parties come sidebar with the court reporter. I want all this on the record.”
We all trotted up to the bench, including Ms. Lu.
“Your Honor,” Santini said, “Homeland Security under the Patriot Act has determined that all accused terrorists are to be held outside the United States. This takes precedent over all judicial orders. Accordingly, Mr. Corona is awaiting transport out of the country.” Santini stepped back and smiled at the judge. He looked like he had just instructed a small child about better behavior.
“Young man, are you telling a United States District Judge that his orders carry no weight? Did you miss the constitutional law classes on the balance of power? I think we will hold an immediate hearing regarding the charge of contempt of court with which you are now charged. Do you need a few minutes to hire a lawyer to defend you?”
I looked away and stifled a laugh as Mr. Santini broke out in a copious sweat.
“Judge Hammel, please, don’t kill the messenger. I don’t make these decisions,” Santini said.
“Well, who does?”
“I believe this one came from Deputy Marvin Golightly of the Justice Department.”
“Ms. Lu, get that deputy on the telephone now,” the judge said. “I’ll be waiting for the call in my chambers.” The judge left the bench his robe flying behind him like the feathers on an angry hawk.
We all turned to return to our tables. As I turned I was shocked to see Ambassador Miller entering the courtroom. Francis Miller had ignored all of my calls and those of Consul General Marquez. Now he strode down the aisle and took a seat next to J.C., who spoke to him while pointing to Miguel and Maria Corona. I watched Miller reach over and shake hands with the Coronas who looked decidedly unimpressed. I decided I better enter the fray before we were in open warfare with Argentina.
“Ambassador Miller, do you remember me? I’m Mary Magruder Katz. We met through J.C. a few months ago. I am Luis Corona’s attorney. I hope you received my many messages regarding Luis’s imprisonment.”
“Yes, of course I remember you, and I’ve been receiving updates on the situation regarding Luis. I’ve been terribly busy at my post in Buenos Aires, but I’m
here now. What seems to be the problem?”
“The problem, Ambassador, is reaching an international stalemate.” Señor Marquez joined the conversation. “Luis’s attorney was given a hearing date almost a week ago to address the specious accusations against this fine Argentine citizen who has been held over three weeks with no charges filed against him. The judge ordered him to be maintained in this county until this hearing so that he and his witnesses could testify as to his false imprisonment. Instead, your government has spirited him away to some unknown place. They have violated the order of one of their own federal judges. Is this your idea of democracy?”
J.C. placed his hand on Miller’s shoulder and fixed him with a piercing gaze. I realized that he looked exactly like Carlos just before Carlos goes into a full-out Latin rant.
“Francis, it’s time for you to act. I expect you to use all of your considerable influence to get Luis brought to this courthouse,” J.C. said.
“I appreciate your concern, J.C., but I think you are giving me more credit with our government than — ”
J.C. interrupted. He increased his grip on Miller’s shoulder. “With all of the money that you raised to put this administration in office for two terms, I would judge that you have more than enough influence. God knows, you hit me up for funds every time I answered my phone. The Coronas are highly influential in their country. Just suppose they felt that you were not the appropriate representative to be stationed in their country. Suppose they convinced their many friends that you were an impediment to future free-trade agreements. I really thought you were enjoying your appointment as an ambassador.”
“Are you threatening me, J.C.?”
“Of course not, mi amigo, I’m just pointing out that which is in your own best interest. Perhaps you should go back to the judge’s chambers and offer your help in locating Luis. I’m sure you can expedite his return to Miami from wherever he is now being held in violation of a court order.” J.C. let go of the ambassador, who walked quickly to the bailiff’s desk.
Miller talked to the bailiff for a minute, showed him some identification, and followed the bailiff out of the courtroom.
I returned to my table, and the long wait for news of Luis resumed.
Twenty minutes later, the court reporter and the security guards were playing some game on the court reporter’s computer. The court clerk was repairing her nails. The bailiff was reading the latest copy of the National Enquirer, and I was going out of my mind.
Marcia Lu came bouncing through the door to the judge’s chambers and sat down next to me. “Ms. Katz, Judge Hammel asked me to tell you that he has located your client. He’s in Key West. He was supposed to be put on a government plane and flown out of the country last night, but the plane was unavailable. Someone is trying to make arrangements to return him here. We’ll let you know when we have an exact time.”
Mr. Santini came over to the table. “I believe I should be in chambers with the judge.”
“The judge hasn’t asked for you, but I’ll convey your request,” Marcia said as she bounced out of her chair and back through the door. She was enjoying the drama of the morning. I could imagine her relating the details to her law school friends who hadn’t gotten such exciting jobs.
Ten minutes later the judge, Ms. Lu, and Francis Miller returned to the courtroom. Miller took a seat next to one of the security guards. He refused to look at anyone.
Judge Hammel looked at some notes in front of him. “Ladies and Gentlemen, Mr. Corona has been located at a holding facility in Key West. With the help of Ambassador Miller, who contacted the State Department, Mr. Corona will be flown out by helicopter within the hour. He will be returned to Miami-Dade County and then brought to the courthouse. His estimated arrival here is one thirty this afternoon.
“Now Mr. Santini, I see your displeasure, and I understand you are under certain orders here. I have spoken with Deputy Golightly, who has promised not to penalize you in any way. I am not assuming any outcome of the hearing to be held when Mr. Corona arrives. My original order stated that he was to be brought here so that I am able to rule on the petition for his release, and that he was to remain in this jurisdiction until the hearing was held. Key West is under the jurisdiction of this district of the federal court, so I suppose my order hasn’t actually been violated, but I think we all know that he would have been long gone but for the dysfunctional government services.
“It’s best that we recess this hearing until this afternoon. Mr. Santini, I want you to stay in close contact with your office to be sure that there are no more snafus.” Judge Hammel exited before the bailiff could get the words “all rise” out, but we all stood anyway.
CHAPTER SIXTY
J.C. tried to organize everyone to go to the Bankers Club for lunch. I begged off. I was too nervous to think of sitting through a multicourse meal complete with drinks while staring at Francis Miller. Catherine was disappointed when I said we would use the time to reorganize our presentation. The Coronas, Phillipe Marquez, Carlos and his family, and Ambassador Miller trooped out.
Santini and his entourage remained at their table huddled over some papers. As Catherine and I looked over my order of witnesses, I realized there were some holes I had failed to fill. I strolled over to the government’s lawyers trying to look ultraconfident.
“Mr. Santini, I suppose you have a copy of the lab report regarding the white powder taken from Luis’s carry-on bag.”
The two briefcase carriers looked at Santini, who stared back at them. Then they began to look through their files. They handed a paper to Santini.
“Actually, we only have the name of the lab technician here,” he said.
“Oh, then you plan to call the lab tech this afternoon.”
“Well, no, I just flew in from Washington this morning. I wasn’t sure that would be necessary,” Santini said.
“So you thought there wouldn’t be a hearing because you knew Luis was on his way to Guantanamo. Isn’t that correct?”
“I’m not on trial here. You can’t cross-examine me.” Santini began to sweat again.
“I think you’d better turn over the name of the tech to me now. I don’t trust you to insure that you’ll obtain the witness.”
“It’s really unimportant, but her name is Natalie Byron, Miami-Dade Crime Lab.”
“What about the rest of the evidence taken from his bag?”
“It’s being sent for. It should be here before the start of the hearing.”
I stepped outside and began making calls. We had a few hours to pull together everything else we needed. I left Catherine in the courtroom eyeballing the Washington attorneys.
CHAPTER SIXTY-ONE
Promptly at 1:30, Judge Hammel returned to the bench. I still didn’t know whether I had a client ready to testify.
“We are back on the record for the hearing on the habeas corpus petition filed in the case of Luis Corona vs. the United States Government. Lawyers for the government led by Michael Santini are present as well as counsel for the petitioner, Mary Magruder Katz. Ladies and Gentlemen, I have been informed that Mr. Corona is present. He has just arrived at the courthouse and the deputies are bringing him to the courtroom. He should be here in a matter of minutes.”
I heard a sigh from the audience and knew it must be Maria. The door to the lockup opened and two men in suits escorted a man wearing a red prison jumpsuit, leg chains, and handcuffs into the room. Escorted is not the word. They dragged him in. His feet were hobbled together, and he looked too weak to walk even if he wasn’t wearing leg irons.
I barely recognized Luis. He looked ten pounds lighter than when I saw him at the detention facility less than a week ago. His face had turned from merely pale to gray. The men stood at attention, holding Luis before the bench.
“Your Honor,” I was on my feet in an instant, “my client looks ill. I need him to be a witness this afternoon. I need a few minutes to converse with him and he needs to be placed at the defense table. He also ne
eds to have these chains removed.”
One of the “escorts” shook his head. “Judge, we are responsible for maintaining custody of this prisoner. I cannot agree to removal of any of these restraints.”
“Listen, this is my courtroom,” Judge Hammel said. “I make the rules here. Mr. Corona is to be seated next to his attorney. The leg irons are to be removed. You can handcuff him to his chair. You may be seated behind him and Ms. Katz. A court interpreter will be seated on the other side of Mr. Corona. Is all of this clear?”
The two guys shook their heads, but they followed instructions and brought Luis to the table and went about unchaining and recuffing him. Then they pulled two chairs up behind us. They were so close that I felt one of them breathing on my neck.
“Your Honor, I need just a couple of minutes to explain to my client what we will be doing this afternoon. I can’t interview my client with these federal officers blowing on my neck and listening in to privileged conversations. Can’t they move back a little bit? They are treating this young man as if he were number one on the foreign enemies list. When you hear the testimony today, I’m sure you’ll see how ridiculous this is. Right now I need to ask Mr. Corona if he’s been given any lunch today.” I turned to Luis who shook his head.
“When was the last time you ate?” I asked.
“I’m not sure,” Luis mumbled. “Maybe yesterday or the day before. They’ve been moving me around a lot.”
“Ms. Katz, I’m very sorry. I wish we could take the time to get your client fed, but I need to conclude this hearing this afternoon. We need to get started,” Judge Hammel said.
Marcia Lu jumped out of her seat. “Judge, I’ll be glad to go get Mr. Corona some coffee right now if that will help.”
Justice in June Page 20