“I am asking that my name be removed from the amicus brief,” Bines said.
“Hacer la vista gorda.”
“You know I don’t speak Spanish.”
“Then I will translate. The literal translation is ‘do the fat view,’ but what the saying really means is that you should pretend not to notice what is being thrown your way.”
“You’ve seen to the forging of my name, and the counterfeiting of my words, and that’s all you have to say?”
“Consider it good advice. If your brief generates any attention, ignore whatever is said.”
“You would have me go about pretending I agree with positions totally antithetical to what I believe?”
“You are paid to believe what I want you to believe.”
“That’s not how it works.”
“So, you dictate to me now? When your partners learn of this noble stand of yours, will they admire your taking the moral high ground, especially after I take my business to another firm?”
Bines didn’t answer.
“I thought as much. And do acquaint yourself with your amicus brief. As its author, you need to know its particulars.”
Salazar clicked off, and Bines found himself staring at his phone. Among his peers, Bines had the reputation of being calm and collected. Nothing was supposed to be able to shake him, but at the moment his hands were trembling uncontrollably.
Bines was reminded of a story he’d once heard that was supposedly attributed to George Bernard Shaw. During the course of Shaw’s conversation with a beautiful actress, the playwright asked if she would consider going to bed with him for a million pounds.
The actress said, “For a million pounds? Why, yes.”
Then Shaw asked, “Would you go to bed with me for a sixpence?”
The actress indignantly replied, “What do you take me for?”
Shaw said to her, “We’ve already established that. Now we’re just quibbling over price.”
That’s what he and Salazar had been establishing, thought Bines. His price. Along with the price of his soul.
XXXII
Deke and Gina bypassed a markedly smaller media contingent compared to the last time they’d been at the Richard B. Russell Federal Building. Storm’s revelation about being sexually trafficked on the truck circuit was now yesterday’s news. Most of the media was following something newer and shinier.
Only eight individuals were being allowed into the closed courtroom of Judge Allen Irwin. Deke and Gina entered ten minutes early. Bines and his team, which consisted of another lawyer as well as a paralegal, were already seated. Deke was used to the defendant’s legal team making a show of force in their numbers, but today the wolf pack—what the plaintiff’s lawyers called the opposition—had decided that three representatives were more than sufficient for a proceeding that they likely believed wouldn’t even require their participation.
Judge Irwin was ten minutes late. Deke suspected his tardiness was all about making an entrance. Irwin wanted a show of power, because he believed such empowered him.
Gina was busy studying her notes, and Deke knew better than to interrupt her. Normally he felt at home in the courtroom, but today he was a passenger, not the driver. Gina’s directive to him was to let her do all the talking. Deke knew it made sense, but relinquishing control still didn’t come easy for him.
Deke looked at his watch. Again. This was the only case on Irwin’s docket for the day. Without anything else to do, Deke studied the rest of the captive audience. Nathan Bines was supporting his chin with his hand and looked preoccupied. Usually Bines went around with a self-satisfied little smile; today he was frowning. Something was bothering him, Deke thought. That brightened his outlook a little.
The bailiff and court reporter were positioned at the ready. Both appeared to be daydreaming. In their jobs there was a lot of hurry up and wait.
Deke turned his eyes to the trappings of the court, including the flags and displays. It was ironic, thought Deke, that the Northern District Court of Georgia was located in the Richard B. Russell Federal Building. Atlanta was home to arguably the most vibrant African American community in the country, which was at odds with the name on the building. During his long tenure as a United States senator, Russell had done all he could to block civil rights. As a strong supporter of racial segregation, Russell had defended white supremacy. Having his name on the building was almost akin to its flying the Dixie flag. It was a shame, Deke thought, that Russell hadn’t lived long enough to see Atlanta’s renaissance of African Americans.
“Quit fidgeting,” Gina whispered.
Deke realized he was shaking his foot. “Sorry,” he said.
Thankfully, the judge chose that moment to grace them with his presence. The bailiff called for all to rise, waited for Judge Irwin to sit, then told everyone to be seated.
After the court came to order, Judge Irwin said, “I don’t expect this proceeding to take very long. Last week Mr. Deketomis offered his thoughts to the media in regards to a case that was proceeding under a gag order.
“Transcripts of what Mr. Deketomis said have been provided to all plaintiffs and defendants in this action. There is no refuting that Mr. Deketomis’s comments violated this court’s order. Some might try and excuse his behavior as the theatrics of a lawyer merely venting. Were that the case, we would not be here.”
Judge Irwin stared at Deke, shook his head and offered up a regretful sigh, then continued.
“You suggested, Mr. Deketomis, that my restrictive order when it came to making public any comments on the case was somehow unfair, despite its having been equally applied to both parties in this action. One of your major points of contention was that everyone should have the right to a fair trial. In that, I couldn’t agree with you more.
“How can the defendant have a fair trial with you making your case to the media? What you did, and the comments you made, was akin to jury tampering. Your failure to follow the rules could yet result in all sorts of negative repercussions. When we try and seat a jury, how many potential jurors will be disqualified because they were witness to your televised rant?”
Deke could taste the blood in his mouth from biting down on the inside of his cheek. What the court record wouldn’t show, but that was clearly in evidence, was Irwin’s visible pleasure at twisting the knife in him.
The judge continued his sermon. “There are consequences to such actions, Mr. Deketomis. As an officer of the court, you cannot engage in such egregious disregard of the rules of law and make a mockery of the system. I am not rebuking you for any personal slights you made that were directed at me, but I am sanctioning you for challenging the standing of this court. It seems you think you are above the law, Mr. Deketomis. That is not the case. You are supposed to be acting in accordance with the law, and abiding by the jurisdiction of this court, but instead you have done the opposite by challenging this court’s rulings, and violating its pronouncements.”
Deke could feel the veins on his forehead pulsating. Gina must have sensed his rage. Although no one could see, she reached out and lightly patted his clenched hand. Her human touch allowed Deke to begin breathing again.
“As you know, Mr. Deketomis, I am within my rights to have you removed from this case. I have no doubt that many judges would do just that, but I am hoping by allowing you some forbearance in this matter that you will not ultimately force me into having to take that step. This court chooses to give you the benefit of the doubt, whether merited or not. I will allow you the opportunity to learn from your mistakes, Mr. Deketomis. I don’t know if that will be possible for you to achieve, but let us hope for both of our sakes that it does. Let me reiterate that a gag order is in place, and that you are prohibited from commenting in regards to the Welcome Mat Hospitality case. Should you violate that order again, the consequences will be most severe. Is that understood?”
Grinding his teeth, Deke managed to say, “Yes, Your Honor.”
Although Deke tried not to sh
ow it, the process was about as painless as chewing down on sharp shards of glass.
“The court has already received your written apology, Mr. Deketomis, and it has been entered into the record. While I appreciate your admission of being at fault, the seriousness of your offense cannot be mitigated by a mere apology.”
Deke made a point of not reacting. He wasn’t surprised that Irwin was opting to be punitive, but didn’t want to give the judge any additional satisfaction from displaying his anger. Deke’s poker face was at odds with Irwin’s self-satisfied, even smug expression.
Irwin said, “At this point of time, should you like to address the court, I would like to hear from either you or your counsel before passing judgment.”
Gina stood up. “If it pleases the court, Your Honor, I am Gina Romano representing Mr. Deketomis in this motion to show cause.”
“Proceed, Ms. Romano,” the judge said.
“Yes, Your Honor.”
Gina turned to Deke, nodded, then looked back at Irwin. “Your Honor, I would like to introduce you to Mr. Nick Deketomis.”
Irwin’s eyebrows wrinkled, his puzzlement evident. “I am well acquainted with Mr. Deketomis, counselor.”
“My mistake, Your Honor,” Gina said, pretending contriteness. “I assumed you didn’t know Mr. Deketomis based on some of your statements today. I would like to speak to the character of Mr. Deketomis, since it was somehow suggested that he does not fully understand his obligation to this court, or to society.”
Gina was counting on Irwin giving her latitude, especially after already having had his say. Both Deke and Gina knew the judge had carefully chosen his words throughout the proceeding so as to appear evenhanded in the court record and not offer any obvious grounds for an appeal. Because he was constrained by trying to appear above reproach, it required him to let Gina speak.
“Go on,” he said, the words begrudgingly offered.
“Thank you, Your Honor. For the record, I believe no one has more respect for the law than Mr. Deketomis. As a lawyer, he has few rivals. In fact, he was one of the youngest lawyers ever inducted into the Trial Lawyer Hall of Fame. As for his understanding of the law, Mr. Deketomis has prevailed in some of the biggest court cases in history, winning billions of dollars for the plaintiffs he has represented.
“More than the money, though, Mr. Deketomis can take justifiable pride in the causes he has championed, and the lives he has saved. By my conservative estimate, Mr. Deketomis has saved upward of fifty thousand lives. That might sound unlikely, if not impossible, but through his efforts Mr. Deketomis has had dangerous drugs pulled from the market and toxic chemicals banned from these shores, and has won landmark decisions against hazardous products that maimed and killed. The work that Mr. Deketomis has done has been remarkably beneficial to our entire American culture and to our way of thinking. When I state that Mr. Deketomis directly and indirectly saved fifty thousand lives, I haven’t even taken into account the tobacco or opioids wars where my partner, of whom I am incredibly proud, served on the front lines on behalf of injured victims. If we were to include those figures, I don’t doubt that Mr. Deketomis has saved well over one hundred thousand lives. Is that not a tangible benefit to our entire society? In going up against the corporations who caused the tobacco and opioid disasters, Mr. Deketomis was there for the mothers, fathers, sisters, and brothers whose lives were turned upside down by nothing less than corporate manslaughter.”
The longer Gina spoke, the more florid was Judge Irwin’s face. He didn’t like what he was hearing and finally interrupted.
“I think you’ve made your point, Ms. Romano,” he said, trying to cut her off.
“That was background information, Your Honor. If you let me continue, I will get to my point.”
“Let’s hope so,” he said, gesturing with his hand for her to speak.
“This court has chosen to punish Mr. Deketomis for violating a gag order. I wish to go on record now and state that we are more than ready to challenge the propriety of that gag order in appellate court.”
The court became preternaturally silent. What Gina had just done was throw down the judicial gauntlet and proclaim her willingness to challenge the court on appeal.
Gina continued speaking. “Mr. Deketomis had no choice but to speak out on the patently unfair order limiting his effectiveness to represent the plaintiffs. Your order clearly favored corporate interests at the expense of the public’s interest. The public needs to know the risks associated with criminally forced prostitution. In our action we represent girls who were as young as thirteen when they were first lured into their terrible bondage.”
Deke was suddenly enjoying his time in court. The redder Irwin’s face, the better he felt. As a spectator, Deke was able to take the measure of the court. What surprised him most was the reaction of Nathan Bines. Gina’s words seemed to be hitting him like body blows.
“When there is a clear and present danger as profound as human slavery, Your Honor, we believe it our moral responsibility as officers of the court to make that danger known to the public. It is our contention that public safety should never be put at risk by judicial overreach. And frankly, we believe it is time that appellate courts begin to better analyze that issue.”
Irwin had heard enough. “You are getting dangerously close to being cited for contempt of court, counselor.”
“I apologize, Your Honor, if any of my remarks were construed as being disrespectful to this court, but I thought it necessary to explain why my client had acted as he did. I know your specialty was corporate law, Your Honor, and not trial law.”
Deke allowed himself a small smile. Gina’s “apology” was actually a way of pointing out Judge Irwin’s complete lack of experience as a trial lawyer. If only, Deke wished, that wasn’t now so commonplace in America’s courtrooms.
Gina kept talking, not even pausing to take a breath for fear of giving Irwin an opportunity to shut her down.
“You said your gag order was equally applied to both sides, Your Honor, but how is that possible? That statement is, at best, a false equivalency. Your ruling did not impact Mr. Bines and his team in the least. In fact, I am sure Mr. Bines was completely delighted when a gag order was applied to this case, especially after the singer Storm’s comments about being sexually trafficked in truck stops resulted in media attention. Silence is Mr. Bines’s complicit ally; silence serves the corporate interests he represents. If your corporation was killing American consumers with defective drugs or toxic chemicals, would you not be thrilled by the prospect that those murderous misdeeds couldn’t be disclosed to the public?”
Deke was surprised Bines didn’t object. Judging by Irwin’s expression, he also found it strange. The judge glanced over to Bines, as if willing him to say something, but the lawyer remained mute.
Forging ahead, Gina said, “As stated earlier, we contend that our duty to warn the public of imminent danger takes precedence over any gag order. Mr. Deketomis was particularly concerned that parents needed to be aware of the threats that face their minor children. While Mr. Bines contends that this case is about protecting individual freedoms and reining in governmental overreach as applied to restricting business, he was uncharacteristically silent in discussing the merits of his case even before you applied your restrictive order. In fact, your gag order actually spared him from having to provide fashion statements as to the emperor’s new clothes, and what is there and, more importantly, not there.”
Judge Irwin turned his attention from Gina to Bines, but his obvious hint was still not acted upon. Without any stop sign placed in her way, Gina floored it.
“While preparing for this motion to show cause, I came upon an amicus brief that Mr. Bines submitted only last week. In this brief Mr. Bines contended that H2B workers should be allowed to work in this country starting at the age of fifteen. In fact, Mr. Bines went so far as to imply that when it comes to the age of consent, American exceptionalism shouldn’t preclude our taking into account the mor
es of much of the world. In other words, when it comes to consent, he believes fifteen is the new eighteen.”
Deke actually saw Bines wince.
The runaway train that was Gina kept speaking: “As you know, our undercover investigation into trucking and hospitality revealed an epidemic of minors being forced into sex slavery. If fifteen-year-old H2B workers are allowed into this country, there is no doubt in my mind that sex traffickers would try and target them. So why is it that Mr. Bines is advocating for that to happen? What shadowy interests is he representing?”
Deke saw Irwin look over to the defendant’s table. “Mr. Bines,” he said, his whisper a plea.
The prompt finally got through to the lawyer. “I object,” Bines said.
Deke didn’t think he’d ever heard a judge respond faster: “Sustained.”
Gina said, “Your Honor, I—”
“I have allowed you more than ample time to make your record,” Irwin said. “You will have the opportunity to add whatever you determine is relevant to the pleadings in your appeal.”
“But Your Honor—”
“Not another word, Miss Romano, unless you want to spend the night in jail.”
Deke knew the “damn the torpedoes, full speed ahead” look in Gina’s eyes. As she opened her mouth to reply, Deke surreptitiously banged the side of her chair. Gina turned his way, took a read of his eyes, and swallowed her commentary.
Irwin’s heavy, angry breathing could be heard throughout the courtroom. He turned his eyes to Deke, as if daring him to say or do anything to provoke him.
“Mr. Deketomis, you are sanctioned by this court, and are being fined fifty thousand dollars.”
Deke refrained from saying that it was money well spent, though the expression on his face might have suggested that.
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