Bailey
“Your Honor, as you can see from the affidavits and motion I’ve prepared for the court’s inspection, this was a serious violation of the defendant’s Fourth Amendment rights, and for that reason, we are asking you to reopen the case of Lucas Charles.”
The trial judge, whom I’d never appeared before, peered at me over his reading glasses. “You were not the original attorney on the case, were you, Mr. Marks?”
“No, Your Honor. I’ve been retained by the defendant within the past month.”
“Couldn’t the police officers have had a reasonable suspicion that Mr. Charles had drugs in his apartment based on his activity?”
“Yes, that would have been true, had the arresting officers actually seen any criminal activity. Instead, they relied on a CI, a known drug addict, and without any surveillance on Mr. Charles or his apartment or corroborating evidence at all, took it upon themselves to arrest Mr. Charles, only finding the drugs afterward.”
“Hmm. Mr. Velasquez, what do the People have to say about that?”
Looking uncomfortable, the ADA sitting across from me shuffled some papers on the desk in front of him. “Your Honor, we believe that the information from the CI, with whom the officers had a good relationship, was enough to raise reasonable suspicion.”
Perhaps I needed to check my poker face, because the judge’s lips twitched. “I see you believe the ADA’s excuse as much as I do. But tell me, please, Mr. Marks. Why wouldn’t the attorney have brought up this glaring fact at trial? It seems like first-year criminal procedure.”
“Ah, well, this is delicate because I don’t like speaking ill of my fellow attorneys, but I happen to know that the Legal Aid attorney was brand-new with a caseload the size of a Katz’s pastrami sandwich. At the time, I’m afraid he wasn’t equipped to handle this. But I’m here now.”
We both waited while the judge read and reread our papers. He pushed the wire-rimmed glasses atop his head and folded his hands. “The scourge of drugs in our society has been the downfall of many. I doubt there’s a family in this city that hasn’t been brushed by its poison. And getting those who act as a pipeline into our men, women, and children is and should be a top priority.”
My heart sank.Fuck. He was going to rule against me. I wasn’t mad that Lucas would remain in jail. I did, however, dislike overreaching law enforcement.
“Nevertheless, the Fourth Amendment is there for a reason. It acts as a protection for citizens from overzealous police officers. However bad a defendant may be, he has the same rights as any other citizen—the right to proper search and seizure. It is apparent from the papers in evidence that the officers didn’t have reasonable expectation that drugs would be found in Mr. Charles’s apartment—the lone statement of one confidentialinformant is not enough to establish aprima faciecase. The proper thing for them to have done was set up surveillance, talk to more people in the neighborhood to establish connection, even send in someone undercover to make a buy. They did none of these things. Instead, they went on assumptions, and though they were proved correct, it is all the fruit of the poisonous tree. Inadmissible.” He huffed out a disgruntled sigh. “Therefore, I have no choice but to reopen the case.”
“Thank you, Your Honor. And when that occurs”—I pulled out my motion papers—“I move to dismiss the case for lack of evidence and prosecutorial misconduct. The DA’s office obviously knew they had no case except for the drugs found in the apartment by their illegal entry, and yet they pushed to have him convicted to save face because they had to hide their police officers’ incompetence.”
Behind me in the gallery, I heard Ambrose’s hiss of approval. This wasn’t a case I wanted or was proud of, but I said I’d do my best and I would.
“I’ll take it under advisement and make my ruling in the morning. Mr. Velasquez”—he fixed my opponent with a pointed stare—“I hope you have a good enough reason for why I shouldn’t vacate this?”
The ADA ducked his head. “I-I’ll have to see.”
“Which most likely means no. Am I going to be wasting my night, then, reading Mr. Marks’s motion, when I could be enjoying my wife’s delicious roast beef and mashed potatoes? And I really love her mashed potatoes.” At the ADA’s silence, he pounded the gavel. “Motion granted. Mr. Charles’ case is dismissed without prejudice.”
“Thank you, Your Honor.” I stuffed my files into my bag and turned to see Ambrose waiting.
“Dude, that was awesome. You’re amazing.”
My smile was thin. “So now you like lawyers?” I couldn’t care less about Ambrose’s answer. I did what I said, and I was done. “It’ll take a few days for the paper work to get sorted out. I’ll let you know.”
“Thanks.” Tears streaked down Ambrose’s face. “Bailey…I don’t know what to say. You gave me back my brother.”
We walked out to the courthouse hallway, where I turned and pointed my finger in his face. “This was a one and done. If he fucks up and gets himself in trouble again, lose my number. I did this for Keston and no one else.” Maybe I was too hard, but Ambrose was about to get a harsh reality check if his brother returned to his old form, and he should be prepared.
“He won’t. You’ll see.”
He took off, and I waited a few minutes so as not to have to ride in the elevator with him. My phone buzzed with a text from Keston.
How’d it go?
I sat on a bench to answer. I didn’t have another client until later that day.
I won, but I’m not thrilled about it.
Tell me tonight at dinner.
Yours or mine?
