When the complaint was dismissed, Judge Upton announced from the bench that he harbored no ill will toward the prosecuting attorney or his staff and pledged that he would continue to be impartial in his handling of criminal cases. No one in the prosecutor’s office believed him. Every defense lawyer in town hoped they were right.
Dwayne Reed was one of a dozen shackled defendants seated in the jury box, the only time they were likely to see a courtroom from that vantage point. They would remain there until all of their cases were heard, rising when it was their turn. Alex nodded at him as she took her place in the row of chairs behind the defense counsel table, waiting for Dwayne’s case to be called.
Kalena Greene stood at the prosecutor’s table, sorting and stacking the files for the cases on the morning docket. Alex hadn’t seen her since Dwayne’s murder trial. Tommy Bradshaw had kept her on the sidelines, letting her learn by watching before he let her learn by doing.
Handling an initial appearance docket was the next step up from escorting witnesses into the courtroom. The rote nature of the proceedings made it almost impossible to screw up. All she had to do was state her appearance and wait for the judge to do the rest.
The first two cases went as planned. Judge Upton called the case name and number. Kalena Greene stated her appearance on behalf of the state. The judge read the charges. One of the defendants had counsel, the judge appointing the public defender’s office to represent the other. Dates were set for arraignments. The defendants sat down and their lawyers headed for Starbucks.
Alex moved to the defense counsel table as Judge Upton called the next case.
“State versus Dwayne Reed, case number 7325-12. Counsel, please state your appearances.”
“Kalena Greene for the state, Your Honor.”
“And Thomas Bradshaw.”
Bradshaw made his way from the back of the courtroom to the prosecutor’s table. Remembering his pledge of impartiality, Judge Upton smiled, but there was no mirth in his eyes.
“Welcome, Mr. Bradshaw,” the judge said. “It’s not often the prosecuting attorney favors us with an appearance on these matters.”
“Thank you, Your Honor. Happy to be here.”
Bradshaw was lying and they both knew it.
“Perhaps you were expecting Judge Malone to be handling this docket instead of me.”
“It was my understanding that this was Judge Malone’s docket.”
“Well, Judge Malone is ill, so I’m filling in for her. I assume you have no objection.”
“Of course not, Your Honor. None at all.”
They held each other’s gaze, Judge Upton gracious and nonchalant, Bradshaw relaxed and respectful. They were two professionals doing the people’s business, their show of cordiality a required facade for the knife fight in a dark alley they would have preferred.
Alex cleared her throat, interrupting their face-off.
“Alex Stone from the public defender’s office for Dwayne Reed.”
Judge Upton scanned the thin court file, frowning. “Ms. Stone, I don’t have a record of you being appointed to represent Mr. Reed.”
“Mr. Reed was arrested over the weekend, Your Honor. I was made aware of his arrest but haven’t had a chance to prepare the necessary motion for my appointment. I recently represented him in another matter and my office is satisfied that he remains indigent. I ask that you appoint me to represent him.”
“Any objection, Mr. Bradshaw?”
“None.”
“Very efficient of you, Counsel. So ordered.”
“Thank you, Your Honor.”
“The defendant is charged with possession of a controlled substance with intent to distribute, to wit, crack cocaine, a Class A felony.”
“We’ll waive arraignment,” Alex said, “and enter a plea of not guilty and request that the defendant be released on his own recognizance.”
Bradshaw shot to his feet. “The state objects!”
“On what grounds?” Judge Upton asked.
“The defendant is charged with possession of crack cocaine with intent to distribute. That’s a Class A felony.”
“I’m aware of that, Mr. Bradshaw. I just read the charges into the record. Were you listening?”
Bradshaw bit his lip, a rising red tide creeping above his collar. “Of course I was, Your Honor.”
“And, were you a regular visitor to my courtroom, you would know that I’m not opposed to releasing indigent defendants on their own recognizance if I’m satisfied that they will appear for trial since their indigent status makes it impossible for them to post a cash bail. Now, do you have something to tell me that I don’t already know that bears on that question?”
“I do. For starters, Mr. Reed was charged with murder in another case.”
“What was the outcome of that case?”
“He was acquitted.”
“Since when is an acquittal in one case grounds for imposing bail in another unrelated case?”
Alex watched them, swiveling her head back and forth like they were exchanging overhead slams at center court.
“It’s not, but it’s relevant to the reasons not only why the defendant shouldn’t be released on his own recognizance but why he shouldn’t be granted bail in the first place. The defendant is a person of interest in the murder over the weekend of Jameer Henderson and his family. I’m sure you saw the reports on the news. Mr. Henderson testified against the defendant in his murder trial. The defendant is also a person of interest in the murder of Kyrie Chapman. Mr. Henderson testified that Mr. Chapman had coerced him into testifying against the defendant. When Henry Rossi, a senior homicide detective, sought to question the defendant regarding these slayings, the defendant ran away. Fortunately, Detective Rossi was able to apprehend him. The defendant was injured while evading arrest. Paramedics had to cut away his jeans and turned them over to the police, who found the drugs in one of the pockets.”
Judge Upton turned to Alex. “Ms. Stone?”
“Mr. Reed had a very good reason to run away from Detective Rossi. The day he was acquitted, Detective Rossi arrested him on a bogus murder charge involving a cold case with which Mr. Reed had no connection. Detective Rossi was angry about the acquittal. The arrest was harassment, plain and simple. When I intervened, Detective Rossi released my client. Mr. Reed was at his mother’s house when Detective Rossi forced his way inside without a warrant and without disclosing the reason for his visit. If I had been in Mr. Reed’s shoes, I would have run as well. Mr. Reed has no felony criminal record. The only prior offense for which he was convicted was a misdemeanor for being drunk and disorderly. His family is here. His roots are here. He is not a flight risk. Neither the police nor the prosecutor has come forward with any evidence linking Mr. Reed to these murders or they would have arrested him for that instead of for finding crack in his jeans. Ordering him held without bail or setting bail at a level he cannot possibly make based on a claim that he is a person of interest in these other crimes is tantamount to imposing bail based on those offenses and not the one for which he is charged.”
“Your Honor,” Bradshaw interjected. “Ms. Stone has offered no evidence regarding her unfounded allegations about Detective Rossi, and-”
“Neither have you offered any evidence regarding the defendant’s possible involvement in these recent murders. First you said that Detective Rossi wanted to question Mr. Reed about the murders and then you said he wanted to arrest him. Make up your mind. If you have sufficient evidence to arrest the defendant for murder, I’ll consider it.”
“As I said, Jameer Henderson testified against-”
“Evidence, Counsel. You know, like fingerprints, DNA, eyewitnesses. That sort of thing.”
“It’s still early in the investigation, Your Honor. The police are-”