who was scheduled to be executed in two days...
We had argued before six appellate court judges and then some and had come up with goose eggs for the past two weeks..
If we failed today...Our last recourse would be the Governor...We'd be arguing for a stay of execution and nobody wanted to be in that position...
We had a client who was guilty of one murder for which he was serving a 99 year sentence...He hadn't exactly been a model prisoner...Then he and two other men escape from prison and hold up a sporting goods store..
One of the men, not him, shoots and kills a rookie policeman on only his second week on the job!
All three men are arrested and charged with the cops murder and sentenced to death by lethal injection...One of the men commits suicide....For him , the rat race was over...The other man, the actual shooter is executed two years ago...and now Vincent , a childhood acquaintence of Sofia and Bee Bee,
who didn't kill the cop is set to be executed in 48 hours, unless we can convince the State Supreme Court to vacate his death sentence and take another look at that law of parties , which makes Vincent guilty just because he was part of the hold up, even though the state knows he didn't actually kill the policeman..
Today on this brisk windswept morning..Bee Bee and I stood in front of our Apartment complex kissing passionately.
"Awww Bae...I wish I could go with you to Harrisburg to that Supreme Court Hearing.." said Bee Bee in between smolderingly hot kisses...
"I wish you could go to.." I said..
We were kissing so passionately, we didn't notice that Ms. Yvette had walked up on us...
"Come up for air you two.." she said and smiled..
"Oh Hi Ms. Yvette...I-I didn't hear you.." I said..
"I knowwwww you two were too busy sucking face.."laughed Ms. Yvette..
Bee Bee smiled..
''Whatever else happens...You guys have done an excellent job...I read the copy of your appeal..It was brilliant...The only reason you haven't had success is because you don't have the most sympathetic of clients.."sighed Yvette..
"Olivia and Beverly told us as much..."said Sofia...
"Well as my dad used to say...You gotta play with the hand that's dealt to you...Remember...You have nothing to do but Today! That's all you can do..." said Yvette...
"You couldn't sleep either huh Ms. Yvette?" said Kahlil ,who had just come outside..
Ms. Jade came outside and joined us across the street...
"No I couldn't...The Jury has been out for three days and they've asked some very good questions...I'm hoping they come back with a verdict today....I feel they're close...It's been nearly a month...I know they want to go home.."said Yvette..
"You think we'll get an acquittal Ms. Yvette...I was watching the news....They've had a poll about this...Polls say..Miles Ellis is about to have his 30th courtroom victory.." said Bee Bee..
"I saw that too.."said Kahlil..
"Polls aren't jurors...Don't listen to that...We gave one of the most thorough defenses we could have..All you can do is your best....It's out of our hands.."said Yvette..
"High Stakes this morning huh?" said Jade...
"Yeah....Let's grab some breakfast..."said Ms. Yvette ,who looked at me and Sofia one last time..
"I've never been more proud of you two as I am right now...My babies arguing before the State Supreme Court..No matter what happens...This is major...Just do your best, keep your wits about you...You've got nothing to do but today.."she said and smiled..
"We'll Remember that..Thank You."I said.
"Thank You Ms. Yvette.."said Sofia..
Just then a bright sports car drove up....I knew who it was...It was my dad...Judge Keith Marshall...
"Good Morning...Good Morning..Good Morning Everybody....I had to come and see my boy as he goes off to argue before the State Supreme Court....THAT IS MAJOR!" he said smiling and slyly checking out...Ms. Yvette, Jade, Sofia...even Bee Bee..
and smiling slyly...
"I've been following that Willie Childs Murder trial...Hell, the entire region has...I was in the back of the courtroom the day you closed Ms. Jones...Excellent summary...Excellent job...I think you hit the ball out the park..I think you guys got this wrapped up.."said my dad..
"I sure hope so Your Honor.."said Yvette...
"Relax...You've done all you needed to do..You got nothin to do but today.." he said..
Interesting perspective..That was the third time this morning I had heard that quote...
"You goin by yourself son?" he asked me..
"No...Sofia is going with me.."I said,pointing to her.."It's her case...I'm her second.."I said.
"It's a team effort sir...I couldn't do this without him..."said Sofia..
"Good You two work good together...Knock em dead Kids...Good Luck." he said..then he looked at Yvette and crew..
"And good luck to you guys too." he said as he got back in his car and drove off..
We all hugged each other and
Sofia and I took her car and headed towards the State's capital
I tried to think of what we'd be doing this time next week when all of this was behind us...
II-
The Courthouse was packed with the press and all sorts of people...
Josie met us at the courtroom....
Olivia,Donnie Ray, Beverly and Nelson were there to wish us well..They waved at us through the crowd...They were used to this....
Ms. Yvette,Bee Bee,Kahlil,Josie and Ms. Jade walked Willie Childs and his pregnant fiance, his sister and his mother
into the courtroom.....
Lieutenant Tragg was in his element addressing the press..
"Has the jury come back with a verdict yet?" asked a reporter...
"Yes...I've heard they have..." he said, smiling... "I'm certain Willie Childs is going to get the justice he deserves...A needle." said Lt. Tragg...
"You were among the detectives who brought him in.."said a reporter..
"Yes...I led the task force." said Lt. Tragg..
"Then that means he'll be acquitted." said another wise cracking reporter..Which was met with howls of laughter..
"WHYYYYYYYYYYY YOOOUUUU!" said Lt. Tragg going after the reporter...Several Uniform policemen and bailiffs had to restrain him...
ADA's Miles Ellis , who prosecuted the case and Rockland Cambridge watched the entire spectacle.
"My god, That guy is something else...Isn't he?" said Miles..
"Why do you think I have an Investigator?..I couldn't depend on Lt. Tragg...I don't know how he remains on the police force.."laughed Rockland..
"You're in a good mood today..." said Miles..
''Why shouldn't I be?" asked Rockland as he walked away and joined his investigator, Gary Lockwood.
,who passed him a tumbler of coffee....
"Hmmm." said Miles Ellis..
Inside the courtroom, you could hear a pin drop as the Judge asked the Jury foreman to stand..
"Have you come to a verdict?" asked the Judge..
"Yes Your honor.."said the foreman as he passed the sealed verdict to the Judge...who looked at it and jumped..He was startled..
He then frowned and read the verdict..
"Everyone stand please...Count One, First Degree Murder...NOT GUILTY!! Count Two, Using an Instrument of Crime in the commission of a felony, NOT GUILTY!!! , Count Three, Intimidation of a witness..NOT GUILTY!!! I would like to thank the jury for a job well done..You are free to go ...As are you Mr. Childs.."said the Judge..
Miles Ellis was stunned....He was so sure of the outcome , he had even planned to hug and "console" a distraught Yvette and perhaps lead her to the bar and his bedroom...THAT was not going to happen...
He could already see Yvette and her crew high fiving and jumping up and down in the corner...
"Your Honor!!! Your Honor!! I would like the jury polled said a surprised and exasperated ADA Miles Ellis...
Juror One said- "Not Guilty All charges" , So Did Jurors Two,Three, Four, Five, Six,Seven ,Eight,Nine ,Ten,Eleven and Twelve...
The Judge gave him a side eye and shook his head...
Yvette ,Bee Bee, Kahlil, Josie and Ms Jade were jumping up and down and high fiving each other...Willie Childs was in tears...Hugging and laughing with his pregnant fiance....His Mother and Sister taking turns hugging Yvette,Bee Bee, Kahlil, Josie and Jade...
ADA Miles Ellis had lost his first case..he kicked the table...He kicked his chair over...He pounded his fists angrilly on the table...
"I DON'T BELIEVE IT!! I CAN'T BELIEVE IT!!!!" he yelled..
Beverly West Observed all of this and laughed...
"Looks like we've got another Rockland Cambridge...And what a shame...He's kind of cute too.."she mused..
"He is attractive..I can't believe he's taking this so badly...."said Olivia to her niece...."Heyyy Vettie,Congratulations Girl.."said Olivia to Yvette...
"Congratulations..Now can we have our Josie back?"said Beverly jokingly.....
They both walked over and hugged Josie and congratulated Yvette and her team..
"Thank you guys for your help and for giving us Josie...She was great..Yesss I suppose you can have her back..."gushed Yvette,hugging Josie..
"This was the longest trial I've ever been a part of."laughed a relieved Josie.
"But a great education...You remember that case Liv ,Bev and I worked on where the jury held out for two days..We got an acquittal too!"said Nelson..
"I remember that case...Quite well.."said Donnie Ray...
Gary peered at Yvette, smiled and took her in his arms and kissed her..
"Congratulations baby!"he said..
"Aww thank you.." she said..Tears running down her face...
Rockland smiled..
"Congratulations Yvette.." he said..
"Awww ,Thank you Rockland..."said Yvette, who hugged him and kissed him softly too..
"Thank you for being a good friend...Always.." she whispered softly...
''Always Yvette...We'll always be friends."whispered Rockland softly, smiling...
Bee Bee smiled..
''Wow..I never expected to see that...Rockland knows and he seems alright with it.."she said.
"I know..Wowww!"said Kahlil..
''Wow..I never expected to see that...Rockland knows and he seems alright with it.."said Olivia.
"That's a weight lifted off of everybody's shoulders"said Beverly...
''That must feel good.."said Donnie Ray...
"Keith and Sofia are in Harrisburg arguing before the State Supreme Court as we speak.."said Nelson..
"I hope they will be as successful as we were today."said Josie..
"Hey Everybody...Let's Go to Red Booth for drinks.."said Rockland..
"You sure Boss man?" said Gary..
"Never been surer...Come on you two..It's on me" he said to Yvette and Gary..
Yvette smiled..
Gary shrugged his shoulders...
"Liv, Bev, Donnie Ray,Nelson, Josie...You too,Join us... Bee Bee, Kahlil, Jade..come on.."said an exuberent Rockland..
"Wow! Okay...Thank You Rockland!"said Olivia..
"The Power Of The Pantays...My Mommy has turned him into a completely different person."said Beverly...
"I think this may go beyond that....The Power of Therapy!"said Donnie Ray..
"How Bout Both?" Mused Nelson..
Josie and Bee Bee just laughed..
"I could certainly use a stiff drink after this damn case.."said Kahlil..
"Me too!"laughed Jade.
The eleven of them slipped out of the back of the courtroom....as Miles Ellis watched..
"I'LL BE DAMNED! I'LL BE DAMNED!!!!I DON'T BELIEVE IT!! I CAN'T BELIEVE IT!!!!" he yelled and kicked the table again and kicked another chair over...He didn't know if he was angry he lost a big case or angry that Yvette and Gary were together and out in the open and he had made it so....
The Press hounded Lt. Tragg with questions...Questions he didn't want to answer..
"I can't believe it...I bring in the biggest case of my life and those damn lawyers...Those Damn Lawyers...They get the guy off...I just can't get a break...Oh My god! Geeeez!" he exclaimed as he hurried away...
This had been the big case...The Big Murder Case that would redeem him...Make him a name on the force again...and unfortunately...Defense Attorneys , while not solving the case had found so many holes in his investigation that the jury had no choice but to acquit Willie Childs..
III-
HARRISBURG ,PA-
The Supreme Court of Pennsylvania is the highest court in the Unified Judicial System of Pennsylvania, and as such, the highest court in the Commonwealth of Pennsylvania. It also claims to be the oldest appellate court in the United States, which claim is disputed by the Massachusetts Supreme Judicial Court.[2] The Supreme Court of Pennsylvania began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the royal governor.
Today, the Supreme Court of Pennsylvania maintains a discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court. This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law.
"Look at that Sof...The Highest Court in the state and we are about to argue a death penalty case before it.."I said..
"I know right...I never imagined myself here...Not now...Not ever.."said Sofia..
"Me neither.."I said..
The State Supreme Court was made up of four men and three women.. They didn't crack a smile as we began to argue our case...
One Justice in particular tore into Sofia..
"Your Client Mr.Vincent Olipio was serving a 99 year sentence for First Degree Murder..He plotted and along with another man shot and killed a rival drug dealer is that not correct Ms.Garcia?' he asked..
"Yes, but I am not here to try his original case I am here trying to save his life from an entirely different perspective.."said Sofia..
"The murder he was currently serving time for was not his first conviction either was it? This was in fact his third Felony Conviction..He then escapes from prison with two other gentlemen, robs a sporting good store wherein a rookie officer is shot and killed..You want us to spare his life?" asked a stern looking female Justice..
"Mam...Is our client a good guy? No...But he did not kill that police officer....Look...Three men robbed that sporting goods store..One committed suicide before he could be brought to trial...The second man, the actual shooter was put to death two years ago....Where is the justice in putting my client to death for this? Justice has been served... My client is behind bars for probably the rest of his life...Two of the robbers are already dead..Isn't that enough? What is it with this blood lust the state seems to have as far as this case is concerned?"I asked...
"Blood Lust? Blood Lust Mr. Jones? That cop was fresh out of the Academy....He had only been on the streets for two weeks...He had just gotten married ,just put a down payment on a house and his wife had just found out she was pregnant..."said another woman justice..
They had researched the case well before we got here..
Sofia argued the merit of the entire law.....That it wasn't fair to prosecute one man for what another had clearly done...Especially when you knew that the man hadn't personally committed the crime..
"You're putting someone to death for a murder you KNOW he didn't personally committ."she argued...
While I pleaded for the life of a man, not a good man, but a man who did not physically take the life of this officer...
It was an impassioned set of arguments....I couldn't remember when I'd talked so much in my life...but it was all for naught...
Three Justices voted to Stay Vincent's execution...At least until they could look at the very law that he was convicted under...But four voted to go on with the execution...
We Lost...Victor was to be executed in 24 hours....
IV-
Sofia and I sat quietly and ate Banana Splits..
Sofia checked her phone...
"Bee Bee and Kahlil texted me..They got an acquital on all charges.." said Sofia..
''At least somebody had a successful day.."I said..
"Get This.Bee Bee told me that Rockland took Gary and Yvette and all of them out to drinks at Red Booth to celebrate...Put it on his tab...Took Liv and Bev ,Donnie Ray, Josie and Nelson too. So he knows about Ms. Yvette and Gary and it's all good.."laughed Sofia..
"Wow that must be a weight off of Gary and Ms. Yvette's shoulders..."I said.. I was happy for my friends..Happy that they won in court..Happy that Ms. Yvette and Gary were free to be a couple and not have to hide it anymore..Happy that everybody had a Happy ending..Except me and Sofia..
"Hey Buddy...What do we do now? We are all out of options..."said Sofia..
"The Governor...I'm going to request an audience with the Governor and plead with him to stay this execution...It's the only card we've got left to play...You go home tonight....I'm stayin...I'm getting a room..."I said.
''What? Noooooo."said Sofia.
"YES! It's the only play we've got left....I have to do it...Vincent will want you at the prison if I uh should fail...He'd want someone he knows by his side.." I said.
"Go On Sof...I'll be alright...I'll take the train or a bus to where ever you are.."I said..
"You sure?"asked Sofia..
I took her in my arms and hugged her...Her body was so soft ,so round...I see why Kahlil was so enthralled with her..I held her for a long while...Maybe longer than I should have..Sofia thought so too....She smiled and eased out of our embrace...
"Yeah...Now go on home before it gets too late...Maybe I can convince the Governor to stay his execution.."I said...a little embarrassed..
"Bee Bee is so lucky..." said Sofia..Who sensed my embarrassment, but being the good friend that she is...She put me at ease....
"So is Kahlil.."I said softly...We looked at each other and smiled..
Sofia kissed me on the cheek
and got in her car and headed for Philadelphia...I headed for a Hotel.....Tomorrow was our last shot...
Today had been,well today...
(CONCLUSION NEXT)
12 comments:
Excellent Episode...Great Writing..Can't wait to see how this ends up!
Very well told story...You've got two dramas playing out here!
Yvette and her team got an acquittal...I don't think Keith and Sofia are going to be so lucky..
That death row inmate is toast...No way I can see them getting a stay of execution..
For a minute there...I thought Keith and Sofia were going to wind up in bed...I'm glad they didn't...They have a little bit of an attraction to each other..
I thought that too about Keith and Sofia...They had a little moment there...but I'm glad they didn't do anything...
I feel Keith and Sofia's client is as good as doomed...No Governor is going to go against the State Supreme Court..Not in this political climate...It's political suicide!
Yeah, Vinnie is toast!
This is Escapades at it's best...This story is tearing me apart emotionally...Keith and Sofia trying to save this guy from death...Even Olivia, Beverly, Donnie Ray and Nelson don't think they have a shot...even though they didn't say that, but they might as well have.
Yvette gets an acquittal, Attorney Bae is upset...Keith and Sofia are thwarted and then almost have a little moment..Wowww!You're trying to give me a heart attack!
All this and we still have one more episode to go...
Keith, you're over here doin the damn thing!
Post a Comment