Outside of the courtroom , the day of the trial , a rather loud argument is brewing between Lt. Tragg and Assistant District Attorney Gerri Williams..
"I don't Care what you think or what you don't like...I'm the Prosecutor and I decide how to apply the law...I'm telling you..I'm throwing out that bogus "Unlawful Flight" charge..." she said.
''How can you? We got her dead to rights?" screamed Lt. Tragg..
"Oh Please...If you were half as good a Detective as you are a media pundit you would have checked the radius on her ankle bracelet....She was out of range for approximately one hour and a half..She was about six blocks away visiting with a friend... The rest of the night...She was at her home asleep..So there is no flight and I have that friends testimony to the fact.....It's what you call an Alibi.."said ADA Gerri Williams..
''Who is this friend?" asked Lt. Tragg..
"None of your business...but he alibied her out and I've dropped the charges...Now if you don't mind...I've got a trial." said Gerri Williams who walked into court..
A friend of mine at Police headquarters allowed me to check the radius on the Ankle Bracelet...I saw that she was out of pocket for an hour and a half, but back at her house the rest of the night and the morning..
Olivia, Beverly, Nelson and Josie got a statement from ADA Chris Garcetti, who Elise had been visiting with...
We took it to ADA Gerri Williams...
who immediately dropped the charge and released
Judge Elise Clemmons from custody....
She was furious..being held in the Cooler for another EIGHT HOURS the next day!
Against our wishes she addressed the press for the first time since these charges accusing Lt. Tragg of having a vicious vendetta against her and of slandering her good name...
Attorney Dabnis Coley, who had sued the city and Lt. Tragg before on behalf of another Judge...Percy Reynolds said he was considering suing again after her trial was over, regardless of the outcome..
This through Lt. Tragg into a rage...
He saw Dabnis having breakfast with us all on the morning of the trial in Sam Mother's Diner...
''You sure know how to attract the wrong kid of trouble Dabnis."said Olivia.
"We are taking a chance eating in here ourselves. Old Columbo is on a rampage, especially since we have now gotten two charges dropped...Here he comes now! "said Beverly..
"Two Charges?" asked Dabnis..
"Yes..Accessory to Murder and Unlawful Flight..We got both of those charges dropped."said Nelson..
"Sounds to me like she's right !He's got a Vendetta against her...Even this Aiding and Abetting a Felon charge is a bit much ,especially since Molly Chambers has had Unlawful flight charges dropped and has testified in the Cornbluth case , which was why she was there in the first place..It's all B.S."said Dabnis.
"It is....but unfortunately...That last charge has stuck...We were going to move to get the whole thing tossed out, but we couldn't."said Josie.
"Here comes our food.." I said.
All of us had Omelettes, Hash Browns, Sausages and Coffee....
As we ate...Sam Mother looked wary...
"Damn...Why does he have to come in now?" he sighed..
Lt. Tragg was furious...
''Artie I got your regular all ready for you..."said Sam Mother..attempting to calm him down.
"Eggs Fried Hard just like you like em...Yolks busted...
Hash Browns..
Breakfast sausage
and hot coffee...
but he was hearing none of it...He stormed over to our table..
"LIV....You guys are magicians....You're better lawyers than I thought you were...Got the Accessory to Murder Charges dropped and now you've got the Unlawful flight charges dropped...but that's okay...She's guilty as hell of Aiding and Abetting a Felon and I can prove it...I saw her with my own eyes...You won't get me to shake my testimony..." he said..
Olivia sighed...
"That's what I'm Hoping Lieutenant." she said.
She pulled the company credit card out of her purse...she passed it to Beverly..
"Neicey Poo ,would you pay Sam...All of our meals are on me.." she said.
"Mine too?" joked Dabnis...
"Yours too Dabnis!" said Olivia with a smile, totally ignoring Lt. Tragg..
"Got it Auntay."said Beverly..
"Thanks Liv...I'll start the car.."said Nelson...
Josie got up and followed Nelson Out...
At least we were allowed to eat and finish our meal before his tirade began...
After the bill was paid..
Beverly and I followed Olivia Out....We never responded to Lt. Tragg's tirade..
Dabnis remained behind...He ordered another cup of coffee..
He looked at Lt. Tragg and busted out laughing...
"Keep it up laughing boy, Keeeep it up!" Lt. Tragg Snarled.
"Enjoy your Fried Eggs and Crow....Olivia and Beverly are going to deep six your little jive ass charge" he said and tossed some dollars on the counter and walked out..
"One of these days...I'm gonna take that arrogant cocky smile off his face!" said Lt. Tragg as he began to eat his breakfast...
II-
The trial began.....
Gerri Wilson called The ADA who was presiding over the Cornbluth trial that day started off by showing a video of exactly what happened that day..
Today in Judge Elise Clemmons courtroom..
A witness...Molly Chambers was on the witness stand...
She was being questioned by ADA Peg Standish...
''So you admit that you indeed helped Dr. Victor Cornbluth assist Mabel Hankins in her suicide?"she asked..
"Yes Mam, but it is what she wanted...It is all in her last will and testament...she had terminal cancer, she was in a lot of agony...She wanted to die..Dr. Cornbluth set up the machine in his motel room and I just helped hook her up.."said Molly Chambers..
"You did so knowing Assisted Suicide is against the law in Pennsylvania, did you not.?"asked the ADA.
Just then Lt. Tragg walked in with a Tactical squad..
"Cuff her boys , read her her rights."said Lt. Tragg..
The squad of armed policemen intimidated jurors and spectators alike..
"What are you doing in my courtroom? Lt. Tragg?" asked the Judge..
"I'm making an arrest..She just confessed to Accessory to Murder." said Lt. Tragg..
"You know you can't do this.."said Judge Clemmons..
"Ohhh yes I can..and I am gonna." said Lt. Tragg..
"Oh No you're not.... ADA, Defense Attorneys and Ms.Chambers….IN MY CHAMBERS NOW!"snarled Judge Clemmons.
All three women walked into her chambers... she snarled at the ADA..
"Did you make this woman a deal of immunity to come forth and testify?" she asked ADA Standish...
"Well No...She is not actually under indictment...Dr. Cornbluth is...She's a hostile witness."said ADA Standish..
"I was under the assumption that a deal was on the table...I was told that she was not going to be prosecuted.."said her Attorney..
"But you didn't broker an official deal and YOU didn't make sure she had one before allowing your client to testify...This is shoddy legal work on both of your parts..."said Judge Clemmons..
"Okay both of you go back into the courtroom...I want a word with Ms.Chambers."said the Judge..
Both women returned to the courtroom..
Judge Clemmons looked at Molly...
"Molly...you need to get yourself another Attorney...A smarter one...I'm going back in my courtroom, it's up to you...Think about it."said Judge Clemmons...
Upon returning...Lt. Tragg was livid..
"WHERE IS SHE YOUR HONOR?" he snarled..
"Get out of my courtroom...GET OUT, GET OUT, GET OUTTT!!! I'm not going to ask you again!!"said Judge Clemmons... ""Court is adjourned for the day.." she said..
"I'VE GOT A WARRANT AND I'M GOING TO SERVE IT!! Let's go boys!"commanded Lt. Tragg.
Lt. Tragg and his men stormed the Judges chambers and found them empty....
"YOU CAN'T DO THAT! I WANT YOU AND YOUR STORM TROOPERS OUT OF HERE..OR I'LL HAVE YOU LOCKED UP FOR CONTEMPT!" screamed Judge Clemmons..
"Boys, hook her up...Judge Clemmons...You're under arrest for Aiding and Abetting a felon, and Accessory to Murder ...It gives me great pleasure to tell you...You have the right to remain silent...Anything you say and I mean anything you say can and will be used against you...You have a right to an attorney...If you can't afford one and I'm pretty sure YOU can..one will be obtained for you..Do you understand these rights as I am presenting them to you?" asked Lt. Tragg..
"You must be kidding...I'm a Judge damn it.I know the law better than you do!" she said as she was escorted out in handcuffs..
The press was all over the scene..photographing the Judge in handcuffs and Lt. Tragg at the scene, making her do the perp walk.
Olivia ,Beverly and Nelson argued successfully that nowhere on the video tape does it show Judge Clemmons telling Ms. Chambers to run, to allude the law..
Gerri Williams called ADA Veronica Standish..
''What happened in that backroom, the Judges Chambers..?"she asked.
"The Judge gave me a real tongue lashing for not getting Ms. Chambers an Immunity deal on paper before allowing her to testify...She was just a witness, she wasn't under indictment...." she said.
"What if anything did you hear her say to Ms. Chambers?" asked Josie..
"Just that she needed to get herself proper counsel and that she shouldn't have agreed to testify in a case such as this without an immunity deal...but we don't always ask a witness to get one.."said ADA
Standish...
"The point is...You never heard or saw Judge Clemmons instruct Ms. Chambers to flee correct?" asked Beverly..
"That's correct.."she said.
Gerri Williams next called the Public Defender
Victoria Winslow to the stand...
"What happened in that backroom?" she asked.
"More or less what the ADA said...We both got a tongue lashing for putting Ms.Chambers in this position...I was told that I should have held out for an immunity agreement or not let my client testify...Look, I just graduated from law school last year...This was one of six cases I was working on..She wasn't under an indictment for anything...I-I wasn't aware..." said The Public Defender..
On Cross, Olivia , who understood and had been where she was ..Talked to her gently...soothingly..
"You made a mistake...It happens...but did you hear my client, Judge Elise Clemmons at anytime instruct Ms. Chambers to flee?" asked Olivia..
"No I did not..The ADA and I were sent back into the courtroom...We don't know what they discussed." she said.
Nelson said..
"Right now the jury is 11 to acquit and one undecided.." he said..
It looked good..
III-
The next day...Ten Policemem were called to the stand...
They all told the exact same story...Lt. Tragg gathered them up to make an arrest....
Nelson asked them if Lt. Tragg had a warrant..
They all testified that he had called a Judge and the Judge had emailed him a warrant just an hour before they headed into the courtroom.
On Cross ,Beverly asked them why the press was called and who called them?
They testified that Lt. Tragg called the press shortly after he got the warrant...
"So he had been following this case and saw a chance to make a controversial arrest and make a name for himself..:asked Nelson..
"I object, calls for speculation...Relevance.."said ADA Gerri Williams..
"Sustained." said Judge Keith Morrison...
"I withdraw the question."said Nelson..
Olivia and Beverly smiled, they knew what he had just done..
Elise smiled too...She also knew...She had been a defense attorney herself for many years..
Josie asked them the jackpot question...
"You all rushed the room and found Ms. Chambers gone....but did any of you hear or see Judge Clemmons instruct her to flee?"
Sadly all of them said that they did not....They testified that the Judge and Lt. Tragg were in a yelling screaming match in the courtroom at the time they stormed into her chambers..
"Yelling and screaming match....No way she could have instructed her to leave if she was yelling at Lt. Tragg...She's not a ventriloquist." said Beverly.
This was met by raucous laughter from the jury!
This case was dead in the water...
Gerri Williams who really did not want to prosecute this case and really really liked Judge Elise Clemmons looked at Olivia and us and winked..
We all smiled sheepishly at her..
Lt. Tragg was up next....He had been waiting to testify....
"Lieutenant, why did you come into Judge Clemmons court that day?" asked ADA Gerri Williams.
"To make an arrest...Cornbluth was guilty as sin...We knew it and we knew he had an accomplice, Ms. Chambers...As soon as she testified we knew we had her.." he said.
"You could have waited until the proceedings were over and you still could have arrested her could you not? I'm just asking."said Gerri Williams..
"Time was of the essence." he said.
''Why was that? Had you have waited outside...When the proceeding was over she would have had to have come out the courtroom door, She wouldn't have been in the Judges Chambers had you not made a dramatic entrance and I must say an intimidating one with guns being brandished."said Olivia.
"I'm a cop...You're a lawyer...I make that call.." he said..
"You and your men rushed into the Judges chambers defying her order for you and your men to leave her courtroom, which is supposed to be a safe space...What did you find?" asked Beverly.
"The side door that leads to the street was open and Ms. Chambers was gone, nowhere to be found!" he said..
"At no time did you hear or see Judge Clemmons instruct her to flee, is that right?" asked Nelson..
"I made a reasonable assumption.." said Lt. Tragg..
"I could reasonably assume a lot of things...I could reasonably assume that next week I'll be picked for the Supreme Court but that doesn't make it so.."said Josie..
This brought raucous laughter from the Jury and ADA Gerri Williams, Elise , Olivia, Beverly, Nelson and myself.
"She's a card."laughed ADA Gerri Williams..
"Don't you just love her?" laughed Elise..
"I swear..Next to my Niecey Poo, I love her to death.."laughed Olivia.
''We've created a monster."laughed Beverly.
"I swear...She sounds like you Honey Bunny."laughed Nelson..
"You go Josie girl."I said.
We were winning this case and we hadn't even presented our defense..
"So you never actually heard the Judge tell Ms. Chambers to flee did you Lieutenant?" asked Olivia calmly...
"Welll I-I-I reasonably assumed..." he said.
''Again, this entire trial...all of the anguish this woman has went through is because you reasonably assumed...yet you didn't really hear her ever say that? Correct?" asked Beverly..
"Well...Well..Well...NO! I did not! " he said..
Dabnis Coley was sitting in the visitors section laughing loudly...slapping his thighs......
Lt. Tragg looked sick to his stomach...
IV-
Olivia ,my wife is one the best storytellers I know...She began our passionate defense by discussing Judge Elise Clemmons work outside the bench...Championing Womens and LGBTQ rights..Even working with Black Lives Matter and The Civil Rights Movement..
Beverly talked about how just a month ago ,she volunteered ,while under indictment to be an arbitrator for the Wrongful Conviction Unit and helped us and several other attorneys right wrongs by overturning 12 wrongful convictions..
I whispered to Elise..
"You're almost home baby." I said.
"You guys have done a masterful job...I am impressed.." said Elise..
Nelson argued about how on the day of the incident...Judge Clemmons was protecting the integrity of the court...She wanted it to be a safe place....Free from intimidation..
Josie reminded the jury that at the time of the incident...Molly Chambers was not under indictment at all for anything...She was simply a witness and that had she not testified as she was called to do...There would have been no grounds for arrest...Warrant or no warrant.
We called the witness, whose testimony everybody was waiting on.....Molly Chambers...
"Molly what happened in the Judges Chambers that morning..?" asked Olivia.
"Lieutenant Tragg and the tactical squad officers charged into the courtroom right after I testified...I was terrified...I had no idea I was going to be arrested..She ordered them out of her courtroom, but they would not leave...She then asked the ADA and My attorney and me to come into her chambers..She really lit into both of them about not giving me an immunity from prosecution deal..She said the ADA ,who subpeoned me should have given me the option and she said my attorney should have demanded that at the least."said Molly..
"So what happened next?" asked Beverly..
"She told them to go back inside and she told me to get a more competent Attorney....Then she went back into the courtroom and adjourned the jury and I heard her and Lt. Tragg screaming at each other..I was beyond terrified...I tried the door, it was open, so I left."she said.
"But she never told you to leave...She just left you in there....I'm assuming so she could clear the courtroom and you could leave out the front door.."said Nelson..
"Yes...but I knew if I left out the front door, Lt. Tragg and his guys would still be waiting ,so I just left.."she said.
On Cross Gerri asked.."You ran all the way to California...Ummph...and you had no help whatsoever from Judge Clemmons?" she asked.
"No mam, I never saw or heard from her again until today.....When I got to San-Francisco, I went to my sister's house and I saw on the news that she had been arrested and charged with aiding and abetting a felon....First off...I wasn't a felon, not at the time and she was the only one looking out for me.." she said.
"No Further Questions.."saod ADA Williams...
FOUR DAYS LATER-
"Bailiff , Read the verdict.."said Judge Keith Morrison..
"On the charge of Aiding and Abetting a Felon...We the Jury find the Defendant NOT GUILTY!"
He read...
"ADA Williams , Do you want the jury polled?" asked Judge Keith Morrison...
"Oh No...I respect the verdict of the Jury." said Gerri Williams.
"I'd like to thank to the jurors for your time and attention to this matter, you are all free to go.." said Judge Williamson..
"Thank you guys so much....Oh My God...My long nightmare is over!" said Judge Elise Clemmons.
"What's in your future Elise?" asked Olivia..
"I'm going back to the bench and try to be the best Judge I can possibly be...A little less politics, a lot more law.."she said smiling..
"Good For You...Maybe we'll get to practice in your courtroom someday."said Beverly..
"Yeah, that would be a gas.." said Nelson..
"I'm Happy for you."said Josie..
"Look someone is here to see you.." I said.
"Well Congratulations are in order...I told you Olivia and Beverly would get you off...I had no doubt." said ADA Chris Garcetti.
"They did...You were right.Thank you....Thank you for your support Chris." she said..
They shared a passionate kiss....
ADA Gerri Williams walked over to us..
"Nicely done counselors...That's one I didn't mind losing.." she said.
"I'm just glad it's over.."said Olivia.
"Me too...Maybe we won't have to hear anymore crap from Lt. Tragg for awhile.."said Beverly..
"Wellllll I think it would be best to order our meals from Sam Mothers through UBER EATS and have them sent to our home for awhile." I said.
"That's a damn good idea."said Nelson..
"Yeah, I agree."said Josie.
"No! I'm not going to be intimidated by him...We won in court..A court of law...That's the end of the matter..Case Closed...I don't intend to discuss it anymore..and I'll come in here and eat when I feel like it."said Olivia.
"I'm with Auntay….Why should we be intimidated by him? We won our case and he as usual lost..He's just going to have to deal with it.."said Beverly..
''Wait until he finds out that 10 of his old cases were overturned by Wrongful Conviction Unit."laughed Nelson.
"Yeah...We'll be real popular then..."I laughed...
************************************************************************************
The photogenic and charismatic Judge Elise Clemmons dominated the Press Conferences
Basking in her vindication in court and in the press...CNN, MSNBC and even FOX carried glowing interviews of her...
Nobody...
Not even the local press wanted to talk to Lt. Tragg about anything...He was once again the laughing stock of the Philadelphia Police Department..The local press had nothing but jeers for him....They nicknamed him "Lieutenant Wrong Arrest."
Gracious in victory, Elise declined to sue The Philadelphia Police Department or Lt. Tragg..
"There are lots of fine individuals on our city's Police Force...I won't sue the city or an entire Police Department because of one idiot." she said..
Although she didn't say his name...EVERYBODY knew she was talking about Lt. Tragg...
Dabnis smiled and said- "Okay, but if you ever change your mind..You have my card.." he said..
We all cleared out...Glad to be free and clear of any trial or court appearences for awhile.
Lt. Tragg stood across the street and watched as everyone filed out of the courtroom... He was lucky neither he nor the department was being sued...Who knows what they would have done to him if that had happened....
He walked in the opposite direction, alone, exhausted and defeated...
EPILOUGE-
ONE WEEK LATER- SAM MOTHER'S DINER
It was an overcast, foggy Saturday Morning...We had all slept a little late..We all walked over to Sam Mother's diner..
"Sam I'll have the French Toast and Bacon ….That sounds good.." I said.."Oh and some coffee." I added.
"Same for me Sam."said Olivia..
"Same Here.." said Beverly..
"Yeah, same for me.."said Nelson..
"French Toast and Bacon sounds real good."said Josie
"Yeah...same here.."said Paris.
"Six Orders of French Toast, Bacon and Coffee comin up." said Sam Mother..
Just then, our former client,Vanessa Harris , who we had cleared of murder walked in....
''Hi Ms. Olivia, Mr. Donnie Ray, Ms. Beverly, Mr. Nelson and Ms. Josie." she said.
"Vanessa, how are you? What are you doing with yourself?" asked Olivia.
"I put myself in rehab like you said....I did thirty days and I'm out...I'm clean and sober and I have a job..."she said..
"That's Great...."I said.
"Where are you working?" asked Beverly...
"At the Public Defenders office...I'm an Administrative Assistant and I'm in Community College getting my Para-Legal certification..." she said..
"Ohhh wow! Good for you."said Nelson..
"I'm happy for you."said Josie..
"You gonna be a lawyer?" asked Paris.
"I don't know..Maybe.." she said..
"Well keep your nose clean and keep up the good work.."said Olivia, hugging her..
Lt. Tragg walked in...He was still a bit salty from seeing Judge Elise Clemmons walk free and now here was another person he had busted , who was also free and having breakfast with Olivia and Beverly...Life just wasn't fair he thought...
He didn't say anything to us....
"Want your regular Artie?" asked Sam Mother..
"Yeah." he grumbled. "No Potatoes...Just sausage and coffee with that Sam." he said.
"Comin Up Artie." said Sam Mother.
FOR SLC -
3 comments:
Great Story on both Escapades and Ventures.
Yes...Both Great stories!
I am thoroughly enjoying Escapades and Ventures now of days!
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