A Handy Death

“I guess — I mean, I want Mr. Ross to speak for me.”

Ross came to his feet. He said, “Your Honor is now familiar with all the facts arising out of these two cases. The defendant has served approximately three years and ten months under the present sentence imposed upon him. The maximum sentence for the crime for which the defendant was found guilty, as a first-offender, would be five years in State’s Prison. By law a first-offender must be released upon completion of two-thirds of his sentence. It would serve no useful purpose to have him sentenced to five years and then have to go through all the technical red tape of State’s Prison in order to obtain his release.”

Gorman was glowering. Ross smiled at him, but his expression sobered as he turned back to the bench.

“I therefore ask that Your Honor impose a sentence of time served — that is, impose an unconditional discharge in view of the fact that he has actually served two months more than the two-thirds of sentence required by law.”

There was complete silence in the courtroom. A few of the spectators were beginning to see, beneath the complicated legal jargon, the high drama being unfolded. Judge Waxler turned to the prosecution table.

“What say you, Mr. District Attorney?”

“Your Honor,” Varick said, “the People oppose the application. Under the circumstances, the prosecution cannot oppose resentencing, but we request that the maximum sentence of five years be imposed, but that it be allowed to take its normal procedure.”

Judge Waxler frowned.

“I fail to understand the prosecution’s position. I see no purpose in imposing further burdens on State’s Prison authorities, who are already overloaded, especially since the defendant is not required by law to serve more time in prison than he has already served.” He turned, looking at Ross. “I will follow your recommendation, Mr. Ross. The defendant is sentenced to an unconditional discharge in view of time served by the defendant. Judgment accordingly.”

The gavel pounded once. Varick came to his feet.

“Your Honor,” he said, his voice attempting to sound exceedingly sincere, “I hope the defendant has not been led by his counsel to believe that these motions in any way change his status as a prisoner. I hope he has not falsely been allowed to believe that since his last sentence has been terminated that he will walk from this court a free man. There is still the impending indictment for murder, Your Honor.”

“I’m deeply touched for the prosecution’s concern,” Ross said. “In regard to that very matter, Your Honor, we have one further application—”

At the prosecution table Gorman threw up his hands.

“Oh, for God’s sake! What now?”

Ross paid him no attention. “Your Honor, we have an application for fixed bail...”

Gorman had had all he could take. He shot to his feet. “No, God damn it!”

The gavel came down, loud and clear. Judge Waxler leaned over the bench.

“Mr. Gorman, one more outbreak like that and I shall be forced to ask you to leave the courtroom. Do you understand? Good. All right, Mr. Ross.”

“Your Honor,” Ross said, “the accused now moves that Your Honor make an order admitting the defendant to bail upon reasonable conditions. It clearly appears upon the record that there is grave doubt that the crime of murder was even committed. The defendant, under the eighth Amendment of the Constitution, is entitled to reasonable bail and we respectfully ask that this bail be fixed.”

Judge Waxler turned to the prosecution table.

“What say you, Mr. District Attorney?”

This time Varick was not at all hesitant. He came to his feet prepared to argue this one right down the line.

“The People, Your Honor, vigorously oppose the fixing of bail in this case! This is an indictment for murder in the first degree, and while the Defense may not feel that the crime of murder was committed, the prosecution is prepared to prove it. And bail, as Your Honor knows, is normally not set in a murder case.”

His voice strengthened.

“Furthermore, this defendant was involved in a riot at Attica State’s Prison where three people, including a prison guard, lost their lives. We wish we had the evidence to prosecute him for the murder of that guard. We may, in fact, very well have that evidence to hand before this trial is ended. However, at present the only evidence we have supports the present indictment for murder. The People firmly believe, in view of this man’s terrible record, and under the circumstances, that bail should definitely be denied!”

Judge Waxler looked at Varick coldly.

“When the prosecution has evidence of other crimes, I suggest they bring in proper indictments. In the meantime we shall strike any mention of the prison riots from the record.” He swung about to Ross, leaving Varick red-faced. “What bail did you have in mind, Mr. Ross? And what other reasons do you have to convince me why I should set bail at all?”