Wednesday, December 22
The front-page headline of this morning’s Cape Cod Times proclaimed: “Defense Attorney Puts On Magic Show.” The article accused me of trying to pull an acquittal from thin air. Seeing myself identified in print as a defense attorney caused a momentary jolt. For the past six weeks I’ve thought of myself as Buck Hammond’s lawyer, but never as a garden-variety defense attorney. I’d better get used to it, I guess.
The Boston Herald wasn’t so jocular. “Justice Undermined” screamed its page-one banner. The article that followed condemned my “thinly veiled” call for jury nullification and criticized any juror who might “buy into” it. The reporter lambasted Judge Leon Long for his tolerance of my “subversive tactics.” Generous quotes from District Attorney-Elect Geraldine Schilling, along with a few sarcastic remarks from Stanley, were sprinkled throughout.
It occurred to me as I finished the piece that I must be a defense attorney after all. No one called me for a comment.
The good news is that the news doesn’t matter. Thanks to the street smarts of Judge Leon Long, our jury is sequestered for both the trial and the deliberations. From now until the verdict is returned, the members of the panel will hear none of the media hype. The press will try its case in the court of public opinion for the foreseeable future, of course. And, to some extent, the prosecution will too. But I will try mine only in this courtroom, before the men and women who will decide Buck’s fate.
We’re delayed this morning. Yarmouth police officers picked up Dominic “Nicky” Patterson late last night, and he’s scheduled to face the music here before our trial resumes. Nicky is one of the Cape’s better-known deadbeat dads. He gets hauled in every year or two, signs off on a payment schedule, makes a few installments, then disappears again. This time the Kydd has been appointed to defend him.
According to the courtroom clerk, Wanda Morgan, it was close to midnight when the Kydd got the assignment. He was still in the office when the night clerk called, intending to leave a message on the answering machine. Wanda shakes her head sympathetically when she delivers this news. She’s at least as old as I am, but I think she’s taken a shine to our young associate. I wonder how the Kydd feels about forty-something women.
The Kydd hustles into the courtroom and hurries down its crowded center aisle, scanning the front of the room for his new client. He doesn’t seem to notice Wanda, though she clearly notices him. His eyes find only Harry and me. His grin is halfhearted.
“Where’s dear old dad?” he asks, joining us at the counsel table. His eyes are bloodshot.
“Not here yet,” I tell him.
“You’re going down, Kydd,” Harry threatens, leaning toward him and laughing.
The Kydd frowns at him. “Why the hell are we here?”
It’s a valid question, but we all know the answer. Deadbeat dads are usually handled across the parking lot, in Family Court. There’s only one way this particular deadbeat ended up in Superior Court. Judge Leon Long requested him.
“You’re going down, Kydd,” Harry says again, laughing harder.
“Stop it,” I tell him, fighting back my own laughter. The Kydd’s been dealt a lousy hand. And he hasn’t been practicing law long enough yet to separate himself from it. There’s nothing he can do. One of the county’s chronic deadbeat dads is about to face a judge who views supporting one’s children not only as a legal obligation but as a sacred moral mandate as well.
The errant father comes through the side door, cuffed, shackled, and flanked by armed guards. His clothes are disheveled and his hair sticks up at odd angles. He looks like he had a rough night. He doesn’t know it yet, but his morning will be worse.
The reporters ask questions of anyone who’ll give them the time of day, and the TV cameras are rolling. This won’t be tonight’s top story-Buck has that slot sewn up for the week-but it’s a strong candidate for second place. With Judge Leon Long presiding, even a routine child support hearing is newsworthy.
Harry and I move back to the row of seats at the bar. The guards deposit Nicky at the defense table and the Kydd starts talking to him at once. Nicky isn’t listening. He’ll regret that in a few minutes.
“Oyez, Oyez,” the bailiff intones. Joey Kelsey is new at his job and he reads his morning litany from a cheat sheet cupped in the palm of his hand. “The Superior Court for Barnstable County in the Commonwealth of Massachusetts is now in session. All citizens having business before this honorable court should now draw near. May God save the Commonwealth and this great nation.”
This announcement always makes me wonder who wrote the rules. Across the parking lot, in District Court, the bailiff just shouts “Court!” It’s as if someone decided that the type of offenses heard in each courtroom should determine the length of its morning announcement. Commit a minor crime and you get one word. Do it up big and we’ll write you a patriotic essay.
Judge Long strides to the bench, his radiant smile noticeably absent. His expression is stern and he bangs his gavel three times, each thud louder than the last. The room falls instantly silent. The judge glares at Nicky Patterson over the tops of his half glasses. Without a word, he turns toward the prosecutors’ table.
Geraldine and Stanley are both here. Stanley is leafing through his notes, preparing for today’s trial witnesses, paying no attention at all to the deadbeat dad. If Geraldine doesn’t replace the Kydd soon, she may never get out of the courtroom. This morning, though, she doesn’t seem to mind. She’s on her feet, smiling at Judge Long. This is one case she’s happy to have before him.
“Mr. Dominic Patterson.” Geraldine holds both hands out toward the defendant, as if she’s a game show hostess and he is the grand prize. “Need I say more?”
The Kydd gets to his feet. “Your Honor…”
Judge Long silences him with one hand, his eyes once again boring into Nicky. “The charges, Attorney Schilling. Read the charges.”
She does. Nicky has two daughters, now ten and eight. He’s been estranged from his wife and the girls for five years. He met his support obligations during the first two, but his contributions since then have been spotty, at best. His last partial payment was made more than eight months ago. All totaled, he’s in arrears more than twenty-two thousand dollars, exclusive of interest.
The Kydd does what he can. There are only so many responses one can make to this sort of charge. Out of work…hard times…looking for a job…The Kydd asks the judge to approve a new payment plan, and he has one prepared. No wonder his eyes are bloodshot.
The Kydd hands his proposal to Wanda. Her eyes linger on him for an extra beat before she passes the paperwork up to the judge. I can’t be sure, but I think the Kydd notices. The tips of his ears turn pink.
Judge Long doesn’t respond to the Kydd’s request, doesn’t even look at his proposed plan. “Thank you, Mr. Kydd,” he says softly, his eyes still focused on Nicky. “You may be seated now.”
The Kydd crosses the room, drops into his chair, and rests his head in his hands. He knows this isn’t good.
“Stand up, Mr. Patterson.” The judge’s voice is uncharacteristically quiet.
Nicky gets to his feet, looking like he’s about to make excuses. That would be a mistake. Lucky for him the judge speaks first. It’s almost a whisper. “What did you have for dinner last night, Mr. Patterson?”
“Huh?” Nicky is thrown by the question. He stares at the judge, then looks down at the Kydd for help. The Kydd shrugs at him.
Judge Long leans forward on the bench, his half glasses perched on the end of his nose. “What did you have for dinner last night, sir? What did you eat?”
“What did I eat?”
“That’s right. What did you eat?”
Nicky stares at the Kydd, desperate for advice now.
“Mr. Patterson, did you have dinner with Mr. Kydd last night?”
Harry laughs out loud beside me, then covers his mouth and fires an apologetic glance toward the judge. I don’t dare look at either one of them.
Nicky bites his lower lip and shakes his head. “Naw, I didn’t have dinner with him. I don’t even know him.”
“Well, then, he can’t help you with my question, can he?”
Nicky stares at the judge, blank.
“Dinner, Mr. Patterson. What was it?”
Nicky gives up on the Kydd. His eyes dart around the room for a few moments, as if he might find someone else to come to his aid. Finally, he faces front and looks up at Judge Long. “You want me to, like, name the foods?”
The judge sits back in his chair, smiling at Nicky. But anyone who knows Judge Leon Long can see it’s an ominous smile. His voice is still barely more than a whisper. “That’s right, sir. Name the foods.”
“Well…I…uh…I ate at Zeke’s.”
Laughter erupts in the gallery. Harry leans forward and lowers his head to his knees, his shoulders shaking. I turn away from him and cover my mouth with both hands; I might have to leave the room.
The Kydd buries his face in his arms on the defense table. He’s digesting one of the many cruel realities of practicing law: No matter how bleak a case may look, it can always get worse.
Zeke’s is a strip joint in Hyannis.
Judge Long sits perfectly straight in his leather chair and bangs his gavel again. The laughter stops. But Harry’s shoulders keep shaking.
“The food, Mr. Patterson. I don’t want to hear about anything but the food.”
The hissing steam radiators have barely begun to heat this room, but Nicky is sweating. “I…uh…I got the special.”
Judge Long leans forward again. “And what was the special, Mr. Patterson? Remember, just the food.”
“Meat loaf,” Nicky says, “with mashed potatoes.”
The judge nods. “Vegetable?”
Nicky swallows. “Green beans.”
“Beverage?”
Nicky swallows again. “I had a beer.”
The judge glares at him.
“Two.”
Judge Long stands and paces behind the bench, his arms folded across his pleated robe, his eyes on the floor. Minutes pass. The room is silent. Nicky, it seems, isn’t breathing. Finally, the judge stops pacing, removes his glasses, and glares at Nicky again. “What did your children have for dinner last night, Mr. Patterson?”
Nicky freezes. “I dunno.”
“You dunno?” The judge isn’t whispering anymore. “You dunno?”
“No.”
“You ate your meat loaf and your mashed potatoes and your green beans-all the while not knowing what your little girls had to eat, Mr. Patterson?”
Nicky opens his mouth, but nothing comes out.
“You drank your beer and then ordered another-not knowing what they had to drink?”
Nicky stares at his shoes.
“Do they have milk in the house, Mr. Patterson? Do they have orange juice?”
“Prob’ly.”
“Prob’ly? Prob’ly’s not good enough, Mr. Patterson. Not good enough for those two little girls.”
The judge sits down again and picks up the Kydd’s proposed payment plan. He puts his glasses back on, skims the proposal for less than a minute, then sets it on the bench and leans toward Nicky.
“I’ll tell you what we’re going to do, Mr. Patterson.” Judge Long’s voice is low again-and threatening. “We’re going to send you home.”
Nicky is stunned.
“We’re going to send you home with a new payment plan.”
Nicky wears the smile of a man who can’t quite believe his good fortune.
“Here’s the plan.”
Nicky leans forward, eager to please.
“You’re going to be back here tomorrow morning at nine o’clock, Mr. Patterson, with a bank check for twenty-two thousand dollars.”
Nicky swallows his smile. “I ain’t got it, Judge. I ain’t got that kind of money. Honest.”
“Then get it, Mr. Patterson. After you deliver the bank check, I’ll enter an order that allows you to pay off the interest over time.” The judge takes his glasses off again and points them at Nicky. “Provided, of course, that you make your future payments on schedule.”
The Kydd is on his feet, trying to bring an end to this session. They’ve got twenty-four hours. They may as well take it. But Nicky won’t budge. He’s shaking his head at Judge Long. “Get it where?”
“You drive, Mr. Patterson?”
“Yeah, I drive. Course I drive.”
“What do you drive?”
“Chevy pickup. Two-fifty diesel.”
“Old?”
Nicky hesitates. “Not really. A year.”
“Sell it.”
The Kydd elbows Nicky Patterson out from behind the table and shepherds him toward the center aisle.
“Nine o’clock sharp,” the judge says to Nicky’s back. “Oh, and one more thing, Mr. Patterson.”
The Kydd and Nicky are almost at the back doors, but they turn and face Judge Long.
“You show up without that check,” the judge says, “you’d better bring your toothbrush.”