But they finally formed this new unit-City-Wide Special Victims Bureau. It's supposed to cover all crimes against children, in all courts. I heard the D.A. in this case was really going to go for it, and I wanted to see for myself.
I walked in all dressed up: dark-blue pinstripe, white shirt, dark-red tie, polished black shoes-even an attaché case. I wasn't carrying a piece-in the Supreme Court, they use metal detectors at the entrance because some politically wired judge complained about the dangerous radicals who might invade his courtroom and shoot it out with the guards. This happens in the Supreme Court about every other century, but you can't be too careful. On the other hand, right across the street in the Family Court, the average litigant carries some kind of weapon and violence is an everyday thing, but there's no metal detectors. That's New York-even the names of the courts are total bullshit-the lowest trial court is the "Supreme" Court, and the place where we turn abused kids into monsters is the "Family" Court. In this city, the name means more than the game.
The Assistant District Attorney was one I hadn't seen before-a tall brunette with a white streak in her thick mane of swept-back hair, wearing a gray silk dress and a string of pearls. She had a sweet face, but her eyes were cold. She wasn't from the Manhattan office-I guess they sent her over because she was handling another case against the same guy over in Queens or something. The court officers all seemed to know her, though, so I guess she was a trial veteran-those are the only ones they remember.
I sat in the front row-the one reserved for attorneys only. Nobody asked any questions-they never do.
The defense attorney was a real piece of work. His haircut cost more than my suit, and diamonds flashed from everywhere. It looked like it was only going to be a hearing on bail, and the lawyer had a long list of reasons why his man should be let back out on the street-the defendant was employed, sole support of his family, active in Little League… and that stuff. He looked like a weasel. His eyes darted around the courtroom-caught mine, and dropped. His wife wasn't even there.
The only person I recognized was the court reporter-the guy who takes down everything they say on one of those machines that don't make any noise. He was a tall guy with big hands, slumped over his machine. He'd gone to Vietnam about the same time I last went to prison, and it burned him out. I'd watched him a lot of times and he never changed expression, no matter what went down. I asked him about that once and he told me the courtroom was the same as ' Nam -only here they did it with words instead of with bullets.
The argument went on and on, and then the defense attorney made a mistake. He put his client on the stand, figuring the guy's long list of social contacts would get over on the judge. And it might have too, until the D.A. took her shot.
She stood up at her table and began questioning the creep in a soft voice, just background questions about his job, and where he'd be staying while waiting for trial-crap like that. She shuffled through some papers at the table as if she couldn't think of the next question to ask; then she took a step closer to him.
"Sir, on April twenty-fifth, did you enter your wife's home?"
"It's my home," the creep smirked, "I paid for it…I'm still paying the mortgage on it."
"Objection, Your Honor," said the defense attorney. "What does this have to do with a bail application?"
"It has to do with credibility," shot back the D.A. Then she gave a little bow of her head to the defense attorney, and told the court, "I promise to connect it up to the issue before this court, Your Honor, and I will not oppose a defense motion to strike the testimony if I fail to do so."
The judge tried to look like he was thinking it over, glanced over at his assistant (they call them "law secretaries" in New York-they're all political appointees and they make more money than the judges in the "lower" courts), caught the sign, and said, "Proceed, counsel," just like they do on television.
"Will you answer my question, sir?" the D.A. asked.
Then he went into his rap. "Yes, I entered my home, with my key. Of course I did."
"And did you have a conversation with your child Marcy at that time, sir?"
"It wasn't a conversation. I just said she had caused a lot of trouble with all these lies. You see, if it hadn't been for that stupid movie they showed at her school…"
"No further questions," snapped out the D.A., leaving everyone in the courtroom puzzled.
"You may step down," said the judge to the creep. Then he turned to the D.A.
"Young lady, I don't understand your line of questioning. If you can't connect this up"
"My name is Ms. Wolfe, Judge, or you may refer to me as the Assistant District Attorney," she said in a gentle voice.
The judge smiled, humoring her, and the defense attorney rubbed his hands together. They weren't good listeners-the lady was being quiet, not soft. You could see she was a pro. There was steel inside, but she wasn't going to waste her time showing it when there was no jury around.
"Very well, Ms. Wolfe," said the judge, hitting the accent so the low-lifes hanging around the bench wouldn't miss his sharp wit, "the court is still waiting for you to connect it up.
"Yes, Your Honor," she said, her voice hardening, "I have here a certified copy of an Order of Protection, signed by Judge Berkowitz of the Family Court. Among its terms and conditions are that this defendant remain away from the home and person of the victim."
"Bring that up to me," the judge said to one of the court officers.
He scanned the two sheets of paper, looking even more puzzled than ever. He couldn't see where the D.A. was going, and neither could the defense. The creep's lawyer barked out, "Relevance, Your Honor?" The judge looked down at the D.A., no longer smiling, waiting for her to respond.
"Your Honor, the defendant has just admitted, under oath, that he violated an Order of the Family Court. He has further acknowledged that said violation was willful, that he intended to act as he did, and that he was without just cause. Thus, pursuant to the Family Court Act, section 1072, subsection B, he may be ordered to jail for a term not to exceed six months."
The defense attorney finally woke up-and it wasn't the coffee he smelled. "Your Honor, this has nothing whatever to do with the question of bail in a criminal proceeding. Counsel is referring to a Family Court matter-that court has nothing to do with bail over here."
The lady D.A. went on speaking as if she hadn't heard the interruption. "The court has already heard evidence that this defendant fled when initially charged in the Family Court. In fact, he was located living under an assumed name in a hotel here in the city. The purpose of bail is to ensure the defendant's presence at trial. In this case, given the defendant's past actions, and the indisputable fact that he is facing a jail sentence in another court, the People respectfully request that any bail application be denied and the defendant summarily remanded until trial."
The creep looked like he'd been body-punched-a remand meant he'd sit in jail for a few months no matter how the criminal trial turned out. But his lawyer wasn't finished.
"Your Honor, the District Attorney is asking for a remand! That would be a travesty of justice for an individual with no criminal record, significant roots in the community, and, I might add, every anticipation of prevailing on the merits when we come to trial. It's not as though he were being charged with murder
The D.A.'s head snapped back-an old trial-lawyer's trick-pulling every eye in the courtroom toward her.
"He is charged with rape, sodomy, incest, and sexual abuse, Your Honor. He did flee the jurisdiction of the court. And he did confess before this very court that he violated an existing Order of Protection."