The Color of Law_ A Novel - Mark Gimenez [32]
So he read: “‘In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.’” He looked up. “What do you think that means?”
“The cops can’t lock you up and throw away the key.”
“That’s right. And your trial can’t be held in secret.”
“So if your prostitute doesn’t cop a plea, anyone can go to her trial.”
“Yes. And she won’t.”
“Won’t what?”
“Cop a plea.”
Boo leaned forward, her eyes wide. “You talked to her?”
“This morning, at the jail.”
“What’s she like?”
Scott shrugged. “Young, not very well educated, strung out, says she’s innocent.”
“Do you think she is?”
Scott shook his head. “No. Her gun was the murder weapon and her fingerprints were on the gun.”
“She had a gun?”
“Yeah.”
“Shit…I mean, wow.”
She leaned back, thinking, so he read again: “‘By an impartial jury.’ You know what ‘impartial’ means?”
She shook her head. “Uh-uh.”
“It means jurors who are fair, not prejudiced against the defendant. ‘Prejudiced’ means hating people just because they’re different.”
She nodded. “We talked about that at school last year during Kwanzaa. So if someone hates black people, they can’t be on your prostitute’s jury.”
“That’s right.”
“How do you make sure?”
“You get to ask potential jurors questions before they become jurors.”
“Like what?”
“Well, in the prostitute’s case, you’d ask whether they’re prejudiced against black people or prostitutes or drug addicts.”
“But they’ll just say no.”
“Well, you don’t ask it straight out; you ask subtle questions, like, uh, have they ever been to a black person’s home? And you watch their body language, say a white guy is sitting next to a black guy, does he lean away.”
“Have you?”
“Have I what?”
“Ever been to a black person’s home?”
“Uh, no.”
“But you’re not prejudiced, are you?”
“No, Boo, of course not. I used to have black friends, guys I played ball with at SMU.”
“Like who?”
“Well, like Rasheed…and Leroy…and Big Charlie—”
She smiled. “Who’s Big Charlie?”
Now Scott was smiling. “Charles Jackson. He was my right offensive guard. He blocked for me. He saved me many times on the field…and a few times off the field.”
“Y’all were good friends?”
Scott nodded. “Yeah. He was a great guy.”
“Is he dead?”
“No…I don’t think so.”
“Why aren’t y’all friends anymore?”
Scott shrugged. “He went off to play pro ball. I went to law school. We lost touch.”
She nodded. “So the only reason you don’t have black clients is because you don’t represent people, only corporations.”
“Exactly.”
She pointed at the book. “What’s next?”
Scott read again: “‘To be informed of the nature and cause of the accusation,’ which means to be told the crime you’re charged with.”
“Murder, that’s the crime your prostitute is charged with.”
“Yes.” Reading again: “‘To be confronted with the witnesses against him.’ That means the prosecution must put the witnesses on the stand in court to testify against the defendant. ‘To have compulsory process for obtaining witnesses in his favor.’ That means you can call witnesses to help you.”
“Your prostitute can get people to say she didn’t do it.”
“Right. If she can find anyone. And to have the assistance of counsel for his defense.’”
“What’s counsel?”
“A lawyer.”
“Your prostitute has a right to a lawyer?”
“Yes, she does.”
“Even if she can’t pay you?”
“Yes.”
“Why?”
“Why what?”
“Why does she get you for free when everyone else has to pay you three hundred and fifty dollars an hour?”
“Well, George Washington and the other Founding Fathers…you know about them?” She nodded. “Well, they didn’t think it would be fair for the government to charge someone with a crime but not give him a lawyer to defend him.”
“Because he might be innocent and if he didn’t have a lawyer to prove he’s innocent, he might still go to jail.”
“Exactly…well, the lawyer doesn’t have to prove him innocent, the government’s got to prove him guilty. And that’s the lawyer’s job, Boo, to make the government prove the defendant