tospend the weekend in the clink. They think it’ll soften you up.”
He looks incredulous.
“Soften me up for what? They think I’m gonna confess to something?”
“I assume you have nothing to confess to.”
“You got that right.”
“Good. First things first. How did you make it through the night?”
“Like any other night at a fine hotel.”
“I’m serious, Joel. Did they give you your own cell?”
“For a couple of hours. Then they ran out of space so they put a guyin with me who was arrested for beating a prostitute. The cops said hewasn’t dangerous.
He scared the hell out of me.”
Swell. Thanks a lot, Sergeant Ramos.
“So, what happens next?” he asks in a dejected tone.
“First, you have to tell me everything. Then you have to tell me whatyou told the police. You can leave out the part where you got arrestedlast night. I was there for that. Then I’ll find a judge who’swilling to set bail. And I’ll have a little talk with InspectorJohnson. And with Skipper.”
“I don’t trust either of them.”
“You shouldn’t. The only person you should trust is me.”
He gives me a weak smile.
“I know. Do I get to talk to the judge anytime soon?”
Corporate attorneys haven’t the slightest idea how the criminal justicesystem works. It’s probably better that way.
“For one thing, Joel, you don’t talk to the judge. I do. For anotherthing, on Monday, we’ll go to court for an arraignment. They’ll chargeyou. You’ll plead not guilty. Don’t get cute. Just say it clear andfast. The judge will schedule a preliminary hearing. That’s it. It’sas exciting as watching grass grow.”
“Can you get me out of here on Monday?”
“Maybe. If we can’t get a judge over the weekend, we’ll ask the judgeat the arraignment.”
“What are the chances of bail?”
“Depends on the charge. You’re booked on suspicion of murder. If theygo murder one, bail may be tough.” I don’t add that if they ask forthe death penalty, there’s no way.
He’s crushed. It’s a shock when somebody first says aloud you’re beingcharged with murder.
“I need to know all the details from you so I can do my job. I needthe story straight. Don’t embellish it. Don’t sugarcoat it. Justtell me everything that happened.” This is standard defense attorneyjargon. I don’t want to ask him flat out if he did it. If he did, andhe lies to me, I’ve got perjury problems.
I’m not supposed to let him lie. It happens all the time, of course,but I try to avoid it. If he didn’t do it, which I assume, and,coincidentally, I believe, I need his story to put together hisdefense.
He figures out where this is heading.
“I want to get this right out on the table,” he says.
“I didn’t do it. And it is absolutely imperative not only that I befound not guilty, but also that I am fully exonerated. Are we clear onthat?”
I pause to collect my thoughts. This part of a defense lawyer’s speechis always the most difficult.
“Joel, I need you to understand a few things.
First, I believe you. I don’t think you’re capable of killing twopeople. I’ve known you for a long time and I’m a very good judge ofpeople.”
I get the hint of a smile.
“But,” I continue, “my job is to give you the best defense I can. I’llgive you all the support I can, twenty-four hours a day. But I don’tdo absolutions anymore. My job is to try to get you off. I’ll doeverything I can to do just that. If you need more than that, you’llprobably need to go to your rabbi, or at least to another lawyer.” Iknow it sounds harsh. But, it’s the truth. My job is to be JohnnieCochran. I’ll play all the cards I have within the scope of the StateBar Rules of Professional Conduct to get him off.
He looks away.
“You can still find another lawyer, you know,” I say.
His eyes turn to brown steel.
“No. I want you to be my lawyer.” He glances at the top of thetable.
“One more thing,” he says.
“How much do you think this is going to cost?”
I
He looks incredulous.
“Soften me up for what? They think I’m gonna confess to something?”
“I assume you have nothing to confess to.”
“You got that right.”
“Good. First things first. How did you make it through the night?”
“Like any other night at a fine hotel.”
“I’m serious, Joel. Did they give you your own cell?”
“For a couple of hours. Then they ran out of space so they put a guyin with me who was arrested for beating a prostitute. The cops said hewasn’t dangerous.
He scared the hell out of me.”
Swell. Thanks a lot, Sergeant Ramos.
“So, what happens next?” he asks in a dejected tone.
“First, you have to tell me everything. Then you have to tell me whatyou told the police. You can leave out the part where you got arrestedlast night. I was there for that. Then I’ll find a judge who’swilling to set bail. And I’ll have a little talk with InspectorJohnson. And with Skipper.”
“I don’t trust either of them.”
“You shouldn’t. The only person you should trust is me.”
He gives me a weak smile.
“I know. Do I get to talk to the judge anytime soon?”
Corporate attorneys haven’t the slightest idea how the criminal justicesystem works. It’s probably better that way.
“For one thing, Joel, you don’t talk to the judge. I do. For anotherthing, on Monday, we’ll go to court for an arraignment. They’ll chargeyou. You’ll plead not guilty. Don’t get cute. Just say it clear andfast. The judge will schedule a preliminary hearing. That’s it. It’sas exciting as watching grass grow.”
“Can you get me out of here on Monday?”
“Maybe. If we can’t get a judge over the weekend, we’ll ask the judgeat the arraignment.”
“What are the chances of bail?”
“Depends on the charge. You’re booked on suspicion of murder. If theygo murder one, bail may be tough.” I don’t add that if they ask forthe death penalty, there’s no way.
He’s crushed. It’s a shock when somebody first says aloud you’re beingcharged with murder.
“I need to know all the details from you so I can do my job. I needthe story straight. Don’t embellish it. Don’t sugarcoat it. Justtell me everything that happened.” This is standard defense attorneyjargon. I don’t want to ask him flat out if he did it. If he did, andhe lies to me, I’ve got perjury problems.
I’m not supposed to let him lie. It happens all the time, of course,but I try to avoid it. If he didn’t do it, which I assume, and,coincidentally, I believe, I need his story to put together hisdefense.
He figures out where this is heading.
“I want to get this right out on the table,” he says.
“I didn’t do it. And it is absolutely imperative not only that I befound not guilty, but also that I am fully exonerated. Are we clear onthat?”
I pause to collect my thoughts. This part of a defense lawyer’s speechis always the most difficult.
“Joel, I need you to understand a few things.
First, I believe you. I don’t think you’re capable of killing twopeople. I’ve known you for a long time and I’m a very good judge ofpeople.”
I get the hint of a smile.
“But,” I continue, “my job is to give you the best defense I can. I’llgive you all the support I can, twenty-four hours a day. But I don’tdo absolutions anymore. My job is to try to get you off. I’ll doeverything I can to do just that. If you need more than that, you’llprobably need to go to your rabbi, or at least to another lawyer.” Iknow it sounds harsh. But, it’s the truth. My job is to be JohnnieCochran. I’ll play all the cards I have within the scope of the StateBar Rules of Professional Conduct to get him off.
He looks away.
“You can still find another lawyer, you know,” I say.
His eyes turn to brown steel.
“No. I want you to be my lawyer.” He glances at the top of thetable.
“One more thing,” he says.
“How much do you think this is going to cost?”
I
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