Attorney Terry Tallach watched with
disbelief as Hampshire County Superior Court Officer Gloria Blainey
squeezed the handcuffs around his wrists and then took hold of his left
elbow. “Let’s go,” she said.
If this had been Terry’s fantasy
world, Gloria would have been an adventurous twenty-three year old,
wearing stiletto heels and stockings, and leading him to her bedroom.
In the painfully real world, however,
Gloria was a sixty-something grandmother of four, wearing dark blue
Reeboks and thick socks, and leading him to the courthouse lockup
because the worst judge in Massachusetts had decided to break Terry’s
balls.
It was the perfect ending to the
perfect case — a thirty-nine dollar per hour court-appointed criminal
assignment with an idiot for a client.
Terry was representing James O’Toole,
a squeaky-voiced kid with a limp, already a veteran of several guilty
pleas to a variety of misdemeanors, who had been charged with the night
time armed and masked robbery of a grocery store. The prosecution’s
case rested on the testimony of three eye witnesses who emphatically
identified O’Toole — despite the mask — because of his limp and his
distinctive voice. And in case anybody cared, there were fingerprints,
too. Conviction was inevitable. After which Judge Richard Cottonwood
would impose a life-destroying sentence.
O’Toole had told Terry that he had
spent the night with his girlfriend, and with the unwavering certainty
only available to the profoundly stupid, declared that he was sure to
be acquitted on the basis of her testimony. A significant flaw in that
plan was that despite looking for this dream witness for weeks, Terry
couldn’t find her.
So in the days leading up to the
trial, Terry engaged in many hours of hard negotiating, during which he
cobbled together a plea bargain which would result in O’Toole getting a
reasonable sentence.
Of course, O’Toole, being an idiot,
refused the deal. Bringing them to the last day of trial with nothing
to their case except the testimony of the defendant — a man who walked
and talked funny, standing accused of a serious crime committed by a
man who, well, walked and talked funny.
But then, that morning, just as Terry
was entering the courthouse for the final act of the farce, a young
woman identifying herself as the girlfriend’s sister came up to him and
said that she would testify that O’Toole had been with her sister on
the night of the robbery.
So Terry called her as a witness.
Which is when things kind of went
south with the Big Dick.
Richard Cottonwood never let a
defendant call a witness who was not on the witness list — reason
number 324 why he was a turd. The official rules of criminal procedure
required that before the trial, the defense lawyer and the prosecutor
exchange lists of witnesses that they expected to testify. But every
once in a while, somebody needed to call a witness that wasn’t on the
list. Judges hated it, but usually allowed it, if you could show them a
good reason. Not Dick Cottonwood, though. The word across the state was
that in over thirty years on the bench, he had never let a defendant
call a witness that wasn’t on the list.
Never. What an ass.
But Terry called the girlfriend’s
sister anyway, even though he knew that Cottonwood wouldn’t let her
testify. He figured that he’d have the opportunity to explain why the
witness was important, so that on appeal, O’Toole had at least a chance
at getting a new trial.
But instead of letting Terry make a
statement as to why he needed to call the witness, Judge Cottonwood
just said, “This witness was not on the list. Call another one.”
“Your honor,” Terry had responded,
“I’d like to come to sidebar to give an offer of proof as to the
purpose —”
“That’s not necessary,” interrupted
the judge. “Are you going to call another witness, or is the defense
resting?”
“I’m sorry, Your Honor,” Terry said,
“but I need to insist on coming to sidebar in order to make a record —”
“You’ll insist on nothing in my
courtroom, Mr. Tallach,” said the judge. “And I order you to call your
next witness.”
“But Your Honor —” Terry said, only
to be interrupted again.
“Mr. Tallach,” the judge said,
“listen carefully to me. You will either call another witness or tell
me that the defense rests. If you do anything — and I mean anything —
else, I will hold you in contempt of court.”
Terry laughed. “You’re going to throw
me in the can for trying to defend my client?” he said.
“Apparently I am,” the judge replied.
“The court finds you in contempt, and instructs the court officers to
take you into custody immediately. Court is in recess.”
And now Gloria and her partner, Big
Tony Z, were escorting Terry down the back stairs to the holding cell
in the courthouse basement. They stopped at the entrance, Gloria undid
the cuffs, Terry walked inside, and the heavy door clanged shut behind
him.
The bare, concrete floor was painted
gray. An ancient sink with a rust stain beneath the single, cold water
spigot was the only thing hanging on the puke yellow cinder block
walls. The place smelled like stale sweat and urine. Terry stared
through the bars at Big Tony. Incarceration wasn’t all it was cracked
up to be.
“I already called Zack,” Big Tony
said. “He’ll be here in a few minutes.”
Zack Wilson was Terry’s closest
friend, and the best lawyer he knew. They’d met in high school, and
were now law partners. Although there were times, like these, when
Terry wondered if Zack doubted the wisdom of that arrangement.
It wasn’t that Terry was a bad
lawyer. Far from it. He worked hard for his clients -- even the worst
of the deadbeats.
It was just that his style was
different from Zack’s. Terry was kind of dark, and bulky, and in your
face. If you needed a brawler on your side of a criminal trial, Terry
was your guy.
Zack, on the other hand, was more
like a golden boy — lean, athletic-looking, fair-skinned, blond. He
walked into a room, and you’d swear that somebody had actually turned
up the lights. It was weird. He didn’t dress very well, and he wasn’t
even that good-looking, but somehow, people were drawn to him.
Especially women. And children.
And juries.
And Zack was smart, too. But in a way
that people appreciated, not in a way that pissed them off. The
combination made him a terrific attorney. Whether he was terrific
enough to get Terry out of this jackpot was an open question, though. A
very important open question. Being locked in a shithole sucked.
After what seemed like hours, but was
probably more like forty five minutes, Tony took a phone call, thirty
seconds later the elevator bell rang, and then Zack’s voice was saying
hello to Gloria and Tony. Another minute passed, it sounded like Zack
said, “Let me tell him,” and then Zack came around the corner.
As usual, he somehow managed to carry
himself like he owned the place, even if the place happened to be a
dungeon prison cell. He was wearing his default expression — a warm,
genuine smile that managed not only to be all inclusive, but to radiate
a message which everyone around him read loud and clear: things were
already pretty darn good, and they were just about to get better.
Gloria was shuffling along behind him, probably to ask him to marry one
of her daughters.
Before Zack even reached the cell, he
began to speak. “The good news is that we just got assigned the biggest
and most important criminal case Northampton has ever seen.”
If he was waiting for a response, he
was going to wait for a while. That wasn’t the good news Terry was
looking for.
“The better news is that Gloria tells
me it’s meatloaf night.”
Aw fuck. Zack couldn’t get him out.
He was screwed.
And then Gloria moved past Zack, and
started putting her key into the lock. Zack continued. “But the best
news of all is that you won’t be around here for dinner.”