The Color of Law_ A Novel - Mark Gimenez [106]
“I’m an old judge who needs to retire and tend to his garden. But a case like this comes along, and I know I can still contribute to justice, one human being at a time—and that’s how justice is served, Scott, one person at a time. Today we’re here to protect Shawanda Jones. That woman is my responsibility as long as she’s in the custody of the federal government. Which arrested her, took her from her home and child, and is putting her on trial for her life. Now, maybe she did it, maybe she didn’t, I don’t know. But until the jury speaks, she’s innocent in the eyes of the law—and thus in my eyes. And I will protect her. That’s my duty. And her lawyer’s duty is to defend her, to make damn sure the government proves she did it, beyond all reasonable doubt. That’s what the Constitution requires, a lawyer standing up to the government on behalf of a citizen. That’s what it means to be a lawyer, Scott.”
The judge returned to his desk and sat.
“When I was practicing, I had half a dozen cases like this, where the defendant’s guilt was truly in doubt, and in each case I made damn sure the government had to prove its case. Which the government did not do. They were innocent, and they were acquitted. Six people, Scott, six human beings whose lives I saved. I cared about those people, and I care about Ms. Jones. I’m not gonna die rich, Scott, but those few cases, they’re my contribution to justice. They’re what made my life worthwhile. Ms. Jones needs a lawyer who cares about her, someone to stand up for her, someone who understands the honor of defending an American citizen facing a death sentence. She needs her hero. You were such a football player, I thought you might be such a lawyer. I was wrong.” The judge picked up his pen. “You’re off the case. I’ll appoint Herrin and postpone the trial.”
Scott jumped up and leaned over the judge’s desk.
“Judge, you can’t postpone the trial! It’ll kill her! She’s barely hanging in now. I’ve been telling her it’ll be over soon. If you postpone the trial, she’ll die in her cell!”
The judge sat back, a curious expression on his face.
“What’s this, concern for your client?”
“You’re right, Judge, I haven’t thought about her. But I’m a damn good lawyer, and she needs me.”
Judge Buford removed his reading glasses and wiped them with his white handkerchief. He replaced them and gazed at Scott.
“She’s a heroin addict, you know that?”
“Yes, sir.”
“Why didn’t you file a motion to have her transferred to the prison hospital, for drug treatment?”
“I…I never thought about it.”
“Well, I did. She refused. She wants to be close to her daughter. You ever see a heroin addict go through withdrawal?”
“No, sir.”
“Go downstairs and look. She’s going through hell, alone in her cell, so she can see her daughter. What’s that tell you about her? Tells me there’s something good inside that woman, that maybe we need to look past the prostitution and the heroin and not just assume she’s guilty, that maybe we ought to give her the benefit of the doubt. Beyond all reasonable doubt, Scott.” He sighed. “So I’ve got Burns trying to send her to death row on his asinine legal position, which the appeals court will probably uphold, and I’ve got you. There’s no hope for him—he’s the worst kind of lawyer, a political animal, using the law to gain power over the people. And you, A. Scott Fenney…what’s the A stand for, anyway?”
“Nothing.”
The judge grunted. “You don’t want power; you just want money. So the question I’ve got to answer is, Is there hope for you? I know you bring her daughter up here to see her, the guards say three, four times a week. That’s good. And that you took her in, to live in your Highland Park home. That’s very good.”
The judge paused; a chuckle escaped.
“You’re probably not up for citizen of the year in Highland Park, are you? But that tells me there’s something good inside you, too, Scott, that perhaps there’s still hope for you, that maybe you won’t become another Dan Ford. That one day you might make your mother proud.”
The judge fell silent and stared at Scott in the