| David's
face turned ashen as he and his client prepared to receive the
judgment. An experienced public defender, he knew what verdict
was going to be. "I
find the defendant guilty as charged!" the judge's voice
boomed throughout the tiny courtroom.
The
prosecutor asked to be recognized. “Your honor?”
Her voice and body language projected the overwhelming confidence
of someone who knows the deck is stacked in her favor. "Given
the severity of the crime, the state asks that the maximum
sentence be imposed."
"Very
well," the judge replied. His eyes focused on the defendant,
who trembled under his gaze. "For the crime of inattentive
driving resulting in a rear end collision and injuries, aggravated
by a two hour traffic backup during rush hour, the defendant
is sentenced to death by firing squad. This action will be
carried out at noon tomorrow."
The
defendant, a paunchy forty-ish bank examiner from a quiet
suburban neighborhood, fainted as the sentence was read. Just
a week before, he had been reading some financial documents
while driving his new Lexus to work in heavy traffic and failed
to notice a commuter bus abruptly slowing down in front of
him. Two people were seriously hurt in the resulting collision.
As prescribed by law, the defendant was tried in traffic court.
"Bailiffs,
take him away!" the judge bellowed.
Two
large ex-linebackers in their court uniforms moved in swiftly
and scooped up the defendant. David meekly stepped aside as
they carted him out of the room.
"Next
case!"
"People
versus Cramer!" the court reporter announced. "The
charge is carpool lane violation."
Paulette
Cramer, a very scared looking middle-aged black woman, was
led into the courtroom by another oversized bailiff. Her eyes
were as wide as rabbit caught by headlights in the middle
of the road.
"Do
we have the arresting officer's report?" asked the judge.
"Right
here, your honor." The prosecutor rose and approached
the bench. "This is people's exhibit number one."
She waved the documents in her hand. "On April 17th the
arresting officer lawfully stopped the defendant for a carpool
lane violation. A plain view search of the passenger compartment
revealed a department store mannequin seated in the back,
dressed to resemble another passenger."
The
prosecutor handed the report to the judge, who adjusted his
bifocals and began reading. When he finished he looked up.
“Does the defendant understand the charge?"
David
and Paulette rose from their chairs. “Yes your honor,
she does."
"How
does the defendant plead?"
"Your
honor, my client wishes to plead guilty."
"Very
well. Is there anything you would like to say on your own
behalf before I pass sentence?"
"Yes
your honor. My client would like to point out that this is
her first traffic violation and that her actions did not cause
any significant delay or inconvenience for her fellow commuters.
My client expresses regret for the time expended by the arresting
officer and by this court in adjudicating this matter. Given
the mitigating factors, my client is throwing herself upon
the mercy of the court."
"Does
the state have any objection to the request for leniency?"
"No,
your honor," the prosecutor replied with a yawn. A guilty
plea counted the same as a conviction on her record.
The
judge removed his glasses. "For the crime of attempting
to circumvent the High Occupancy Vehicle law, this court sentences
the defendant to serve six months hard labor on a Department
of Transportation road crew."
Paulette
Cramer shrieked in horror. Her hands clutched desperately
at David.
"Bailiffs,
take her away."
"You!"
Paulette shouted accusingly at David as the two large men
pulled her away from him. "This is your idea of leniency?
I plead guilty in order to spend the summer on a road crew?
Might as well have them kill me right now!" The bailiffs
dragged her kicking from the courtroom.
The
doors closed and the judge picked up his gavel. "That
the last case?" he asked the court reporter.
"Yes,
your honor."
"Very
well. This court is adjourned." The gavel fell. The sound
echoed like a thunderclap.
There was a metallic click before the steel bars slid open.
David walked down a corridor past a row of haunted faces as
the main gate to the cellblock then slammed shut behind him.
The prisoners watched silently as he passed. They were all
waiting for their day in traffic court. Most had never in
jail before.
David
stopped at the last cell. He peered through the bars at his
most important client. Unlike nearly all of the other people
he had ever defended, Martin Luna was not worthy of sympathy.
A career criminal, Luna had a rap sheet thick as a detective
novel. Years in prison had left him with a hard look and a
weightlifter's body. Luna had plenty of experience with the
judicial system, but he had never before appeared in traffic
court.
Two
weeks before, a state trooper clocked Luna driving his Corvette
at 135 miles per hour. A chase ensued. He was arrested a half
an hour later after he tried to ram a police roadblock. The
trooper who had tried to stop him was killed during the pursuit.
If convicted in traffic court, Luna faced the infamous roadkill
penalty. He would be tied to a post erected in the middle
of a government owned track and run over by a specially designed
police vehicle traveling at a high rate of speed. It was the
severest punishment that the court could mete out.
David’s
client looked up as if annoyed by the interruption. "You
win any cases today?" he asked sarcastically.
David
ignored the remark. "I came to ask if you would consider
changing your not guilty plea."
The
inmate laughed. He wrapped his powerful hands around the bars
and brought his face to one of the openings. "Why? So
they can shoot me or hang me instead?"
"As
your lawyer, I have to ask."
Luna
regarded him with suspicion. "Does this mean you were
bullshitting me when you said you were sick of the system?"
"I'm
still willing to defend you to the best of my ability."
Luna
smiled. "That's good. Because I don't have any intention
of going down without a fight."
"I'll
see you tomorrow."
As
David turned to leave, Luna stuck a meaty finger between the
bars and pointed at him. "Don't weasel out on me, counselor.
Or I swear my last act on this Earth will be to break your
fucking neck!"
It
was after sunset by the time David drove home on the expressway.
He clutched the steering wheel tightly. Bulletin boards placed
by the Department of Transportation loomed ominously along
the side of the highway. They used to just be part of the
scenery, but now they taunted him.
'WEAR
YOUR SEATBELT. IT’ S THE LAW'. Or you'll receive ten
lashes.
'DON'T
EXCEED 55'. Or you'll end up in The Chamber, a fiendish device
designed to increase g-force until you scream in agony.
'DON'T
DRINK AND DRIVE'. Or you’ll be force fed a specially
designed acid solution guaranteed to burn your throat and
stomach lining, causing intense pain. Presumably this cures
you from ever wanting a drink again.
David’
s palms began sweating as he tried to stay focused on the
road. Suddenly, the flashing lights of a police car appeared
in his rear view mirror. His stomach wrenched with dread as
he pulled over to the shoulder.
The
trooper exited his vehicle and began walking toward him, his
heavy jackbooted footsteps echoing across the blacktop. His
dark sunglasses made him look like the prison guard in Cool
Hand Luke. He switched on a large flashlight and aimed the
beam directly into David's eyes. "License and registration
please."
"Yes
sir," David said meekly. His hands quaked as he fumbled
to remove his license from his wallet and the registration
card from the glove compartment. The harsh flashlight beam
followed his hands wherever they moved. Sweat beads gathered
on the back of his neck underneath his collar.
"Did
you know you have a taillight out?" the trooper asked
while he reviewed David's documents.
"No
sir," David replied, trying to sound as respectful as
he could. "I just had my car serviced last week. They
would have replaced it had it not been functioning."
"It's
very dangerous to be driving this way."
"I
agree sir," David lied. He didn't think driving on a
well-lit expressway minus one taillight was very dangerous
at all.
The
trooper suddenly smiled. “Wait a minute, I recognize
you. You're one of the defense attorneys in traffic court."
David
sat in embarrassed silence.
"I've
testified against some of your clients. Every single one of
them was found guilty." The trooper began to laugh. "The
guys are never going to believe this. Wouldn't it be hysterical
if I ran you in? Who would you get to defend you?"
David
knew there was nothing he could do but accept the humiliation.
"Can I go?" he asked politely, sensing that the
trooper's amusement had saved him.
The
officer handed back his documents, still chortling. "I’ll
let you off with a warning this time. But get that taillight
fixed immediately. The next guy who pulls you over isn't likely
to be as soft a touch as I am." He shut his flashlight
off and began walking back toward his cruiser. "Have
a good night, counselor."
David
waited until the police car sped away before pulling back
onto the highway. He no longer had any remaining doubts. Tomorrow
he was going to defend Martin Luna to the best of his ability.
***
Two
remote controlled cameras watched silently as Martin Luna
was led into the courtroom. The courtroom was off limits to
the public, but since the Luna case had gained nationwide
notoriety it would be seen by the whole country. The defendant
looked around as the court reporter read the charges against
him. He eyeballed the judge, the prosecutor and a bookish
old lady who sat at the stenographer's desk. David sat down
next to his client, busily scribbling notes on a legal pad.
There
were no opening arguments in traffic court. The prosecutor
rose. "Your honor? The state would like to call its first
witness."
"Proceed."
The
first person to take the witness stand was the partner of
the dead officer, who recalled the whole incident in graphic
detail. When asked to identify the driver of the suspect vehicle,
he pointed a sharply accusing finger at Luna. David did not
cross-examine him.
"If
I'd been packing a rod, I would have popped him too,"
Luna whispered to David, who remained stone-faced as the prosecutor
called her next witness.
The
dead officer's wife took the stand and described with great
detail the difficulties she was going to face raising her
children without their father. The prosecutor played it up
for the camera, practically crying herself as she led the
witness through an account of how her little ones kept asking
when daddy coming home. The testimony held no evidentiary
value, of course, but anything was admissible in traffic court
as long as it helped the prosecution.
"Your
witness," the prosecutor said to David.
"No
questions, your honor."
"I
have a question," Luna spoke up. He stared at the teary
eyed woman on the witness chair. "Since you need a man
so bad, how about if stop by your house tonight after my lawyer
gets me out of here?"
"Order!
Order!" the judge bellowed, banging his gavel wildly.
The bailiffs reached for their batons. "One more outburst
and I'll hold you in contempt and have you shackled to your
chair with your mouth taped shut!"
Luna
fell silent, though he smirked at the witness as she was led
from the courtroom. Once off the stand, her tears dried up
and she returned his gaze with cold contempt.
The
prosecution called five more witnesses before resting its
case. David called only one, a criminal psychologist who testified
that Martin Luna's anti-social acts resulted from a broken
home and the drug related death of his mother.
"Where
did you dig up that guy?" Luna whispered contemptuously
to David as the psychologist left the stand.
"He
owes me one. I helped him avoid jail time on a parking ticket."
The
prosecutor's closing arguments were brief. She stared right
into the camera as she argued Luna’s guilt, playing
to the silent audience beyond. After she finished, David stood
up and ignored the camera completely as he made his final
remarks.
"Your
honor, I am not going to insult this court's intelligence
by insisting that my client is an innocent man." David
spoke with more confidence than he had in court for a long
time. "There is no question that my client’ s actions
contributed to the death of a highway patrolman.
"But
where does the real responsibility lie for the officer’s
death? Martin Luna was driving our highways at a dangerous
rate of speed. For that, he should be punished. But I submit
to the court that the officer is also at fault. Rather than
call ahead and have this reckless driver stopped at a roadblock,
he instead chose pursuit. Doing so not only put his own life
in danger, but also the lives of innocent commuters who now
faced the very real threat two vehicles driving out of control
at a high rate of speed.
"Your
honor, I submit that the officer was a victim of his own actions
and that my client should be found innocent on the charge
of vehicular manslaughter. Thank you."
The
judge glowered at David as he sat down. Blaming the victim
was a tactic normally given little weight in traffic court.
After a pause, the judge raised his gaze to the camera. "I'll
be back to deliver my verdict after these commercial messages."
Luna
looked questioningly at David as they waited for the signal
that the commercial break was over. David nodded. Luna smiled
and focused his eyes on the judge.
"Will
the defendant please rise?" the judge asked when the
camera was live again.
"Do
you have anything to say on your own behalf before I pass
sentence?"
"Yeah,"
Luna replied. "Fuck you!"
David
reached into a shoulder holster under his suit coat and pulled
out a semiautomatic pistol. Before either bailiff could react,
he turned toward them and fired, striking one square in the
chest. The second bailiff managed to his get his gun free
of his holster and was starting to raise it as David fired
again. Gut shot, the revolver tumbled to the floor as he collapsed.
David rushed to the courtroom door to ensure that it was locked.
He then stood over each bailiff in turn, firing one headshot
apiece.
"I've
been saving something special for you, honey," Luna said
menacingly as he rushed to the prosecutor's table. David’s
counterpart tried to resist as he grabbed her with one huge
arm and pulled her to him. He stared theatrically into the
camera. "For conspiring to hurt innocent people, and
being a total bitch about it, the sentence is death by Luna!"
He
locked her head under his arm and twisted her neck. A loud
cracking sound reverberated in the courtroom as the vertebrae
snapped. Her body went limp and he allowed it to drop to the
floor. David watched as Luna then walked up to the court reporter's
desk and picked up her machine.
"Did
you go to school for this job?" he asked her.
"Yes
sir," the lady's voice trembled.
"Then
you obviously have stenography on the brain," he replied.
Luna swung the machine down on her head. The force of the
blow knocked her backwards over her chair, shattering her
skull.
Luna
turned to face the bench. The judge sat slackjawed and paralyzed
as the big man walked up behind his chair. Luna knelt down
and put his massive forearm around the judge's neck. "Come
over here, David," Luna said in a calm voice. "This
is your chance for revenge. Kill this piece of shit."
David
balked. "I thought we were going to use him as a hostage
to make our escape."
"Where
the hell are we going to go?" Luna asked incredulously.
"They have an army. They'll comb every inch of countryside
until they track us down and shoot us like dogs."
David’
s mouth opened in disbelief.
"Did
you really think I wanted to make an escape?" Luna laughed.
"Man, you’re dumber than you look. I've accepted
the fact that I’m going to die. All I really wanted
was a chance to take as many of these sons-of-bitches with
me as possible."
David’s
cheeks reddened. Helping his client escape was supposed to
be his grand statement against the system. And now Luna had
betrayed him.
"Man,
you’ve got to be the stupidest fucking lawyer I've ever
met," Luna howled, loosening his grip on the judge's
neck. “You of all people should know there's no fighting
the powers that be. Where did you get your law degree, off
the back of a cereal box?"
White
hot with rage, David raised the pistol and fired one shot.
The bullet struck Luna below the chin. He slumped backwards,
one hand clutching at the wound as blood spewed between his
fingers. He gurgled as his lungs tried desperately to draw
air through his ruined throat. He soon lost consciousness
and fell to the floor behind the judge’s chair.
The
judge looked up at David. "Well,” he demanded sternly.
What are you going to do now?"
David
answered by emptying the clip into the old man's chest.
***
The
engine revved menacingly. The ropes dug into David's wrists,
cutting off his circulation. The car was about a mile away
down the empty track. David was standing on the asphalt in
the blazing sun, hands tied securely to a post behind him.
He squinted through the glare at the instrument of his impending
death.
A
green light signaled and the car accelerated toward him. As
it roared closer, David noted that aerodynamic front end would
probably cut him in half. He stared stoically straight ahead.
As the car closed the last few feet between them, the camera
focused on his face. “Bastards!" he screamed, though
his voice was drowned out by the engine's roar.
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