Ten
Thursday, March 17
The first ad I ever put in the yellow pages said “Any Case, Anytime, Anywhere” but I changed it after a few years. Not because the bar objected to it, but becauseIobjected to it. I got more particular. Los Angeles County is a wrinkled blanket that covers four thousand square miles from the desert to the Pacific. There are more than ten million people fighting for space on the blanket and a considerable number of them engage in criminal activity as a lifestyle choice. The latest crime stats show almost a hundred thousand violent crimes are reported each year in the county. Last year there were 140,000 felony arrests and then another 50,000 high-end misdemeanor arrests for drug and sex offenses. Add in the DUIs and every year you could fill the Rose Bowl twice over with potential clients. The thing to remember is that you don’t want clients from the cheap seats. You want the ones sitting on the fifty-yard line. The ones with money in their pockets.
When the criminals get caught they get funneled into a justice system that has more than forty courthouses spread across the county like Burger Kings ready to serve them—as in serve them up on a plate. These stone fortresses are the watering holes where the legal lions come to hunt and to feed. And the smart hunter learns quickly where the most bountiful locations are, where the paying clients graze. The hunt can be deceptive. The client base of eachcourthouse does not necessarily reflect the socioeconomic structure of the surrounding environs. Courthouses in Compton, Downey and East Los Angeles have produced a steady line of paying clients for me. These clients are usually accused of being drug dealers but their money is just as green as a Beverly Hills stock swindler’s.
On the morning of the seventeenth I was in the Compton courthouse representing Darius McGinley at his sentencing. Repeat offenders mean repeat customers and McGinley was both, as many of my clients tend to be. For the sixth time since I had known him, he had been arrested and charged with dealing crack cocaine. This time it was in Nickerson Gardens, a housing project known by most of its residents as Nixon Gardens. No one I ever asked knew whether this was an abbreviation of the true name of the place or a name bestowed in honor of the president who held office when the vast apartment complex and drug market was built. McGinley was arrested after making a direct hand-to-hand sale of a balloon containing a dozen rocks to an undercover narcotics officer. At the time, he had been out on bail after being arrested for the exact same offense two months earlier. He also had four prior convictions for drug sales on his record.
Things didn’t look good for McGinley, who was only twenty-three years old. After he’d taken so many previous swings at the system, the system had now run out of patience with him. The hammer was coming down. Though McGinley had been coddled previously with sentences of probation and county jail time, the prosecutor set the bar at the prison level this time. Any negotiation of a plea agreement would begin and end with a prison sentence. Otherwise, no deal. The prosecutor was happy to take the two outstanding cases to trial and go for a conviction and a double-digit prison sentence.
The choice was hard but simple. The state held all of the cards. They had him cold on two hand-to-hand sales with quantity. The reality was that a trial would be an exercise in futility. McGinley knew this. The reality was that his selling of three hundred dollars in rock cocaine to a cop was going to cost him at least three years of his life.
As with many of my young male clients from the south side of the city, prison was an anticipated part of life for McGinley. He grewup knowing he was going. The only questions were when and for how long and whether he would live long enough to make it there. In my many jailhouse meetings with him over the years, I had learned that McGinley carried a personal philosophy inspired by the life and death and rap music of Tupac Shakur, the thug poet whose rhymes carried the hope and hopelessness of the desolate streets McGinley called home. Tupac correctly prophesied his own violent death. South L.A. teemed with young men who carried the exact same vision.
McGinley was one of them. He would recite to me long riffs from Tupac’s CDs. He would translate the meanings of the ghetto lyrics for me. It was an education I valued because McGinley was only one of many clients with a shared belief in a final destiny that was “Thug Mansion,” the place between heaven and earth where all gangsters ended up. To McGinley, prison was only a rite of passage on the road to that place and he was ready to make the journey.
“I’ll lay up, get stronger and smarter, then I’ll be back,” he said to me.
He told me to go ahead and make a deal. He had five thousand dollars delivered to me in a money order—I didn’t ask where it came from—and I went back to the prosecutor, got both pending cases folded into one, and McGinley agreed to plead guilty. The only thing he ever asked me to try to get for him was an assignment to a prison close by so his mother and his three young children wouldn’t have to be driven too far or too long to visit him.
When court was called into session, Judge Daniel Flynn came through the door of his chambers in an emerald green robe, which brought false smiles from many of the lawyers and court workers in the room. He was known to wear the green on two occasions each year—St. Patrick’s Day and the Friday before the Notre Dame Fighting Irish took on the Southern Cal Trojans on the football field. He was also known among the lawyers who worked the Compton courthouse as “Danny Boy,” as in, “Danny Boy sure is an insensitive Irish prick, isn’t he?”
The clerk called the case and I stepped up and announced. McGinley was brought in through a side door and stood next to mein an orange jumpsuit with his wrists locked to a waist chain. He had no one out in the gallery to watch him go down. He was alone except for me.
“Top o’ the morning to you, Mr. McGinley,” Flynn said in an Irish brogue. “You know what today is?”
I lowered my eyes to the floor. McGinley mumbled his response.
“The day I get my sentence.”
“That, too. But I am talking about St. Patrick’s Day, Mr. McGinley. A day to revel in Irish heritage.”
McGinley turned slightly and looked at me. He was street smart but not life smart. He didn’t understand what was happening, whether this was part of the sentencing or just some form of white man disrespect. I wanted to tell him that the judge was being insensitive and probably racist. Instead I leaned over and whispered in his ear, “Just be cool. He’s an asshole.”
“Do you know the origin of your name, Mr. McGinley?” the judge asked.
“No, sir.”
“Do you care?”
“Not really, sir. It’s a name from a slaveholder, I ’spect. Why would I care who that motherfucka be?”
“Excuse me, Your Honor,” I said quickly.
I leaned over to McGinley again.
“Darius, cool it,” I whispered. “And watch your language.”
“He’s dissing me,” he said back, a little louder than a whisper.
“And he hasn’t sentenced you yet. You want to blow the deal?”
McGinley stepped back from me and looked up at the judge.
“Sorry about my language, Y’Honor. I come from the street.”
“I can tell that,” Flynn said. “Well, it is a shame you feel that way about your history. But if you don’t care about your name, then I don’t either. Let’s get on with the sentencing and get you off to prison, shall we?”
