Rough Justice

district attorney, Tom Moran, slumped in his chair at the prosecution table, his eyelids curiously at half-mast. The gallery was empty except for the trial junkies who inhaled the Steere case like hot pizza. Any reporters able to get to the Criminal Justice Center in five feet of snow were scattered in the designated area in the very back row. Siberia, where they belonged.

Judge Rudolph checked his watch with a discreet twist of the wrist. It was barely ten o'clock in the morning, but no law required him to wait for a studio audience. He banged the gavel. 'I am convening this hearing in the matter of Commonwealth v. Steere to ascertain that the defendant Elliot Steere's waiver of his right to counsel is knowing, intelligent, and voluntary. Let's begin. Mr. Steere, please rise.'

'Yes, sir.' Steere stood up in front of his seat. He had no lawyer but he hardly appeared powerless. On the contrary, with a rested, confident expression, he looked as in control as he felt.

'Mr. Steere, you sent me a letter in this matter, did you not?'

'I did, sir.'

'Is this the letter you sent me, Mr. Steere? You may approach.'

Steere walked to the bench like a seasoned litigator and examined the letter the judge handed him. 'It is, Your Honor.'

'You wrote this letter yourself?'

'Yes, Your Honor.'

'You sent it to me last night at approximately one o'clock in the morning, is that correct?'

'Yes, Your Honor. I asked one of the guards to take it to you, since I had no lawyer.'

At the back of the courtroom, two reporters scribbled notes into steno pads. A sketch artist sat next to them, drawing hastily. Steere looked even taller in her sketch.

'You may be seated, Mr. Steere.'

'Thank you.' Steere returned the letter to the judge and strode back to his chair at counsel table. He took his seat, crossed his legs, and brushed his pants leg into order.

Judge Rudolph turned to the assistant district attorney. 'Mr. Moran, my law clerk has provided you with a copy of Mr. Steere's letter. Did you receive it?'

'Huh?' The assistant district attorney started in his seat, his eyes red-rimmed and bleary. The stiffness of his three-piece suit seemed to be the only thing holding him up, like a legal El Cid. His head was full of the colicky crying of the twins. On the legal pad in front of him were a set of scribbled calculations and each number was multiplied by two.

Judge Rudolph waved the letter like a white flag. 'Did you get a copy of Mr. Steere's letter?'

'Yes, I got it, Your Honor.' Tom cleared his throat and tried to stay awake.

'Does the Commonwealth have any objection to its being admitted into the supplemental record?'

'No, Your Honor.'

'Fine,' Judge Rudolph said. 'Would the court reporter please mark this letter as the next exhibit?' The judge handed the letter across his desk to Carol the court reporter, who had to stretch to take it. Tom watched her skirt hike up her slim, muscled thighs. His wife Marie used to have great legs. Now they were puffy and red pimples dotted her calves. She smeared tubes of cortisone cream on them every night. Tom hoped the leg zits went away soon.

'Mr. Steere,' Judge Rudolph said. 'As you know, we are here because you state in your letter that you wish to represent yourself for the remainder of this trial. Is that still your wish?'

'It is, Your Honor.'

'You are not represented by counsel at this hearing, is that correct?'

'It is,' Steere answered. 'I do not wish to be represented by counsel. I know my rights.'

'You are aware that the Court has attempted to contact your lead counsel, Marta Richter, and has been unsuccessful.'

'I am aware of that, sir. I repeat, I wish to proceed as my own counsel. I do not wish any of my previous counsel contacted on my behalf.'

'You can afford counsel, can you not?'

'Of course I can afford counsel. I simply don't need counsel. My case is before the jury and I rely on their judgment.' Steere nodded toward the courtroom gallery, where a silver-haired John LeFort sat with another lawyer in the front row. 'I have the Cable and Bess firm on retainer, Your Honor, and my attorneys are present in the courtroom this morning. They will act as my legal advisers if need be.'

'And you are satisfied with their representation, Mr. Steere?'

'Completely.'

Judge Rudolph nodded. 'The expertise of the Cable and Bess firm is well-known. There is an outstanding motion in limine, however, filed by the prosecution. Your former counsel Ms. Richter mentioned she would be filing a response.'

'She was mistaken. I have discussed the matter with my attorneys and we will not be filing a response. I do not want further delay in my trial.'

'Fine.' This would go in well. All the bases were covered. Steere was holding up like a champ. Time to wrap it up. 'Mr. Steere, although you have made your wish to represent yourself more than clear, Pennsylvania law requires that I hold a formal, on-the-record colloquy to make the determination that your waiver is knowing and voluntary. Do you understand?'

'Yes, Your Honor.'