Kareem pulled out his faux Prada wallet and opened it up. He peaked at his name on the ID and his face and frowned. What the hell am I doing? This ain’t about money. I am looking for something else. How am I going to pull off being Daymon Monroe? At that point he was looking at his bona fides and assuring that they were all in order. Everything matched and was on point as he didn’t have an escape plan to get away from that crime, and he certainly was not going to hijack a person at the airport.
What he felt was weird and interesting at the same time. It was easy to hijack Kareem, as he was black and not likely to matter. On the flip side, there was no way that he was hijacking a white man at an international airport and they turned out to be a dignitary from a foreign city. Hell to the no. Many thugs would sell a kilo of cocaine to an undercover DEA agent and risk life in jail for that act, but they wouldn’t throw on an expensive suit, go into a bank with a stolen check, and steal $25,000 from banks worth millions. That was an interesting fact that mind boggled Antoine, as he inched his way in the security line.
The TSA officers milled about and made Antoine uncomfortable, but not enough to turn around. He was going through with his mission, whatever it was and that was that, he thought, as he opened his wallet and flashed his ID to the TSA agent.
“Take your ID out of the wallet,” the agent said and then added, “Also take your laptop out of the bag and place it in a bin and send it through the scanner.”
“My ID is stuck in my wallet,” Antoine said, in the hopes that the agent just glanced at his ID.
The agent went behind the counter and found a box that had been labeled: CONTRABAND. He pulled out a razor, and said, “We can cut it out, or you can step out of line and head back into the city to Penn DOT for a new one. But what you’re not doing is boarding a flight with me physically holding the ID.”
Antoine thought a moment and as he brood he irritated the agent.
“Step out of the line,” the agent said and handed Antoine his things off the conveyor belt. “Take it to the back and have the ID out, or don’t bother. Next!”
Man, if I pull this shit out and I get booked, I’mma be pissed. What am I doing this for? Antoine did step to the end of the line and called Kareem.
CHAPTER 35
Richard Greenburg wasted no time in letting the defense, who were gathered at the defense table, know who was in charge. It was a mystifying swagger that Greenburg had and the scar on his face screamed that he was a thug. A prosecutorial thug. He was with an assistant, John Johnson, a first-year assistant United States attorney who needed to be prepped by the best, and who better than Richard Greenburg?
John sat in the second chair and unbuttoned his suit. He spread the contents of a file on the table, and then looked around the courtroom. Both defense attorneys were on their side of the battle field, but the gallery was empty. That was strange. He looked forward to coming face to face with the magnificent Kareem Bezel. He was equally eager to put him behind bars.
“Where is the Bezel clan? They’re usually at every hearing,” Johnson said to Greenburg.
“Good question. I just sent a text to my investigator to look into where everyone is. They’re all under constant watch.”
CHAPTER 36
It was not Kareem’s first time in Las Vegas, Nevada but he was excited about staying at the MGM Grand. He made his way through the lobby with his one garment bag from the Gucci store in hand and Marquis in tow. They made their way through the hordes of shoppers in the Bellagio Hotel and Kareem’s cell phone chimed. He glanced at the caller ID and immediately answered.
“I am assuming that you’re at the airport,” he said and tapped Marquis. He pointed at the phone and indicated to Marquis that Antoine, his new crash dummy was on the line. “Don’t try to back out now, mister.”
“I ain’t a quitter, but I ain’t gonna front. A dude is shook right now. I had my ID ready for the cop and he wanted me to take it out of my wallet. This shit is fake,” he whispered. “I just can’t pass this to them, man.”
“Man! Fuck that. You better get ya ass on that flight, I know that. You stuffed a gun all in my face and now you’re not trying to give fake ID to some airport security mutha fuckas. That’s bullshit.”
“Don’t talk to me like that. I don’t have to take this shit. I am a little scared and all I need from you is a little assurance that this ID is good money. I am not trying to go to jail for this. All the shit that I have gotten away with, including robbing you, I don’t think I wanna be locked down for doing this white collar shit.”
“Man you robbed some dude and put a gun all in my face for nothing. Just handle business. I want this to be done real smooth, so I need you and I want to make you rich, so let’s go. Give the people the ID. You’re not going to get locked up.”
Kareem hung up the phone and Marquis said, “Is that still a go?”
“I hope so, ‘cause we need that.”
“Yeah, we do. But for now we have a wedding to get to.”
CHAPTER 37
The Honorable District Judge for the Eastern District of Pennsylvania, George Emmanuel Kane Martin was born in Chicago, Illinois and was a former nominee to the United States Court of Appeals for the Third Circuit. He was appointed to the district court by President George W. Bush and he subsequently withdrew his nomination after the liberal group Leadership Conference on Civil Rights sent a letter to Senator Patrick Leahy, chair of the Senate Judiciary Committee. The letter claimed that Judge Martin exhibited a willingness to prematurely dismiss the claims of civil rights plaintiffs and to inhibit advocacy by their counsel, thus denying these plaintiffs access to a full and fair legal process. Ravonne Lemmelle kept that fact in mind as he strolled into Judge Martin’s courtroom Tuesday morning.
He had researched all about the judge and the prosecutor assigned to the case. That was what all good attorneys did—sized up the competition like a scouting report. Ravonne was not sure if the judge had the same sort of swift dismissal regarding criminal matters, but he was prepared to take care of business. He noted that the judge had a bachelor’s degree from Stanford University and received his juris doctor from University of Pennsylvania Law School. In Ravonne’s mind the judge was beneath him, he just had more experience. After all, Ravonne received his law degree at Yale Law School, the number one law school in the country, and although U of Penn was tied for seventh, it wasn’t number one.
Ravonne chatted with Greenburg to map out how the hearing was to take place. They were there for a defense motion to suppress and a motion for a change of plea. Both issues rested in Greenburg’s hand, and Ravonne was just there to be fully abreast of what was transpiring with the co-defendant on his case. It was difficult to fight for one cousin and make decisions that saved one and not the other but that was his job. He had sideline orchestrated some of the things that would be revealed during the trail because he was directly involved with covering certain facts and also he had a private detective who was responsible for gathering video surveillance of a lot of facts that would blow the court room up during trial. Most of it pointed to the United States Attorney’s star witness: Special DEA Agent Lucas McKenzey. Ravonne could not wait to see the outcome of the trial.
The courtroom deputy’s telephone rang and after she hung up the phone she asked everyone if they were ready to proceed. “The judge is ready,” she said and stood. The prosecution and the defense indicated that they were ready and the courtroom deputy picked up his phone and made a call. Ravonne heard him say, “Judge, everyone is ready.” The courtroom deputy then went back into the judge’s chambers. He went to get the man of the hour.
CHAPTER 38
Honorable George Martin was on the bench.
That was the moment everyone had been waiting for, and it could not have happened sooner. All of the actors on the stage introduced themselves to the judge and were officially recorded as being responsible for the results in the matter of Andre Bezel, Kareem Bezel and unknown persons vs. United States of America. Th
at was an ivy-league affair and they were ready to battle it out.
“Good morning everyone,” Judge Martin said and shuffled some papers on his desk. He moved a legal tome, and said, “We’re here for an emergency pre-trial hearing because two days before trial, the defense docketed two motions: A motion to suppress, and a motion to change plea. Right so far?”
In accordance with Judge Martin’s rules, all attorneys stood prior to addressing the court. In unison they all said, “Yes, Your Honor.”
“Ok, let’s start with you Greenburg,” the Judge said, and smiled. He needed to get an understanding of why he was suddenly forced to make such a critical decision a day before trial. This was the sort of decision that could blemish his Appeal’s Court affirmation record.
“Yes,” Greenburg said and stood. He donned a navy pin stripe suit with a pink shirt and paisley tie.
“Aren’t you at your sartorial best this morning?”
“Thank you, Your Honor. Before we get started, I’d like to avoid a Federal Rules of Criminal Procedure Rule 43 violation and ask that we bring Mr. Bezel to the courtroom.”
“Objection, Your Honor,” Barnswell said. “Foremost, I oppose both motions for timeliness and with that, there’s no need to bring the defendant into the courtroom.”
Judge Martin sat there and pondered. He ran his fingers through his gold locks and then put his glasses on. The judge grabbed the Federal Rules of Criminal Procedure and turned to rule 43, which read in part: (a) when required, the defendant must be present at (1) the initial appearance, the initial arraignment, and the plea, (2) every trial stage, including jury impanelment and the return of the verdict; and (3) sentencing. The Judge had a basic understanding of the rule and carte blanche to look at the statute liberally, but he wanted more. He removed his glasses and said, “Well, let’s address the issue of timeliness. Greenburg?”
“Your Honor, I was informed of some things from my client, which came just three days before trial. I had an emergency psyche evaluation ordered and found some disturbing things in the report. Furthermore, I received a psychological file,” Greenburg dug in his bag and pulled out a file and laid a copy on the prosecutor’s desk and gestured for the courtroom deputy to pass one along to the judge. “Let the record reflect that I have supplied the Court and the AUSA a copy of the file which was sent to me from Child and Adolescent Psychiatry and Behavorial Science located at the Children’s Hospital of Philadelphia. Apparently, Mr. Bezel experienced psychiatric behaviors that were brought on by some emotional difficulties. It goes to Mr. Bezel’s legal issue that he was forced to commit crimes by a decorated federal agent.”
That was the report that Greenburg could not wait to pass along to everyone in attendance. On the line was the defense’s entire case, and that meant Kareem, Andre, LaToya and Natasha. They were all dialed into the case one way or another, and if Andre could be absolved on a mental defect theory, it would make life easier for all of them.
Report in, Greenburg had the prosecution squirming in their seats. Not only was Barnswell at the table, so was Darlene Axelrod, a Secret Service forensic analyst from the United States Secret Service, and Oscar Buck, who was with the Drug Enforcement Agency. After the initial shock, they gathered their composure. The ball had been volleyed into their side of the court, and they were minimally prepared to respond.
“Your Honor, the core of the report reflects that Mr. Andre Bezel was not in his right state of mind when he allegedly committed the crimes in question, because DEA Agent Lucas McKenzey had forced him to commit them.”
“Your Honor, we are prepared to make one thing perfectly clear. We are not prepared to allow the defense to cloud this court proceeding with any novel psychological defenses.”
“It’s not your position to allow it.” Greenburg snapped and then smiled.
“Mr. Greenburg?” Judge Martin said and admonished the defense counsel with a stern glare for being an asshole. “Please explain the timing on this matter. I am not convinced by your motion that I should allow a change of plea at this point. The prosecution offered your client a plea which was turned down, and I am sure you know that they sent a letter thereafter indicating that there would be no plea agreement if they had to prepare for trial. Undoubtedly, they’re prepared.”
“We are Your Honor,” Barnswell said.
“So tell me, why am I entertaining this material being handed to me the day before trial, Mr. Greenburg?”
Barnswell stood and said, “Your Honor, I’d like a moment’s recess. I have to address something with my assistant counsel. I need some quick research done, because it appears that this hearing may proceed and I need to be prepared. I have something very specific that I need looked up and just need a moment to convey that, if the Court will allow it.”
“Objection.” That was Greenburg.
“Overruled. Let’s adjourn for 10 minutes, and when we return, Greenburg please be prepared to address the timeliness of your motions.”
The courtroom stood and Judge Martin did a disappearing act.
Barnswell walked right over to Greenburg.
“What the hell are you doing? You hand me a 100 page psyche report the day before trial and expect me to do what with it?”
“Try responding.”
“I am going too. Make no mistake about that, but you’re causing a problem.”
“For whom?”
“Yourself!”
“Listen, if I may interject. This is absurd. Defense counsel submitted a motion and you have the resources to reply to anything that was submitted,” Lemmelle said to Barnswell. He wanted in on the fight for no other reason than to frustrate Barnswell. Barnswell was the lead counsel that put away Andre and Kareem’s father, and Ravonne had a strong feeling that Barnswell was fully aware that McKenzey had in fact railroaded him and was now going after his kids. Only that didn’t work and now the agent was in jail like a common criminal.
“Let me explain something to you. There’s no way that I am going to allow you to sabotage my case, as I am sure you’re in on this attack.”
“Perhaps,” Ravonne said and stared blandly at the prosecutor.
“I’ll have the last word here today. I’ll promise you that,” Barnswell said with great confidence.
“Great. Threats on federal property have to be a federal offense. So please keep your promise.” Ravonne spun around and had a seat.
CHAPTER 39
At his desk, Justin’s gaze stayed glued to the computer monitor. He was proud of his work. He read the last line of his manuscript and smiled. It was a masterpiece and he couldn’t wait to make some very nasty things happen to shake up the lives of Andre and Kareem Bezel. He was equally going to stop Agent McKenzey’s heart when he receive the book and read his beautifully written escape plan.
Justin uploaded the final version and his generic cover to the lulu.com website. With everything successfully loaded, he was prompted to order drafts of his new novel to assure that everything was correct. The draft was correct and Justin did not need to verify that. He ordered one copy and had it delivered to Lucas McKenzey, Federal Register Number 00987-977, P.O. Box 562, Philadelphia, Pennsylvania 19105. He paid additional postage for next day shipping and submitted his order. He received his confirmation number and frowned. He wanted McKenzey out now, and the wait was painful. I’m here to get you buddy, and we’re going to shake things up.
CHAPTER 40
The prosecutor was going to get what he wanted and Ravonne Lemmelle knew that. No judge was going to risk an appeals court reversal because of the defense’s questionable sudden change of plea request. Ravonne was well aware of that, but that was a fight best fought in appeals court or even the Supreme Court. The judge’s denial, which Ravonne knew was coming, was the perfect set up for an appeals court feature. Ravonne needed a break and a drink, as well, so he decided to step outside the courtroom.
Ravonne walked into the hallway and was greeted by a newscaster’s microphone. He was in the spotlight, once agai
n, and that time he didn’t set it up. Either way, he welcomed the stardom.
“So, Mr. Lemmelle. What’s going on inside the courtroom?”
“Why don’t you come inside and check it out for yourself? Oh, I forgot, no cameras allowed.”
“Right. Have you all motioned for a gag order?”
“No,” Ravonne said.
“But we will unless you promise not to bring your cameras here again,” said Barnswell, and continued dialing his cell phone. He was irked and had to deal with the matter at hand. What he was not in any mood to deal with was Ravonne idling in front of cameras shooting the defense’s proposition to the potential jurors. That was not what Barnswell needed.
“Oh, thanks Barnswell. Can you run my trial for me too?” Ravonne snapped back.
“Hold on a sec,” Barnswell said into his phone. He then told Ravonne, “I am running your trial.”
“Well there you have it,” Ravonne said. “On a serious note, I am not at liberty to expose any defensive strategies for obvious reasons, but I do welcome you and your sketch artists into the court room. I always wanted to see myself drawn in chalk on wax.”
CHAPTER 41
Everyone reconvened in the courtroom and the courtroom deputy informed the Judge that all parties were present and prepared to battle.
“All rise.”
“Let’s start with you Greenburg,” the Judge said after he glided into his chair.
Greenburg walked slowly and methodically to the center of the courtroom. As he walked, he stared down the prosecutor to let him know that he meant business. Out for blood. Vampire style!
“Although a defense known as ’diminished capacity‘ bears some resemblance to the ’reason of insanity‘ defense (in that both examine the mental competence of the defendant), there are important differences. The most fundamental of these is that, while ’reason of insanity‘ is a full defense to a crime—that is, pleading ’reason of insanity‘ is the equivalent of pleading ’not guilty‘—’diminished capacity‘ is merely pleading to a lesser crime. Here, there is not a lesser crime, and we are not seeking to prompt the court or the government to suggest one. In 1972, the American Law Institute, a panel of legal experts, developed a new rule for insanity as part of the Model Penal Code. This rule says that a defendant is not responsible for criminal conduct where he, as a result of mental disease or defect, did not possess ’substantial capacity’ either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. This new rule was based on the District of Columbia Circuit's decision in the federal appellate case, United States v. Brawner, 471 F.2d 969 (1972). Here, Mr. Andre Bezel was all but forced by a decorated Drug Enforcement agent to commit the crimes listed in the idictment. More importantly, there was a murder involved in this case that was committed by this same agent and Mr. Andre Bezel was framed for this crime.”
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