No Way Out

court administration’s rationale. This was one of the busiest courts in the country, essentially a meat-factory for arraignments, scheduling motions and defendants’ pleas. It had to be designed with utility in mind, rather than comfort. And utility, in this context, meant the convenience of the court, not convenience of the lawyers. With 200 cases a day to process, user-comfort was a luxury that they couldn’t afford.

“Mr. Claymore has strong roots in the community,” Alex continued. “And for the last ten years has been a model citizen.”

In truth Alex was rather less confident than he sounded. The warrant for the second arrest had been a “no bail” warrant, because of Claymore’s past. Of course it had been issued before the judge had heard Alex’s carefully rehearsed arguments. But the fact that the warrant for Claymore’s second arrest had denied bail was a powerful indicator of which way the judge’s thinking was heading. Alex would have liked to file for an interim appeal. But he knew that his grounds were weak to non-existent. Denying bail to a man who had previously escaped from prison and stayed at liberty for several years was hardly unreasonable.

But his training and experience as a trial lawyer, permitted him to conceal the doubt — indeed required him to conceal it.

So it was with this turbulent mixture of emotions, that Alex was addressing the judge. Except that he was all too aware that he wasn’t addressing only the judge. The courtroom was packed with reporters and he knew how important it was to get the message out there into the stream of news as quickly as possible, to counteract the negative effect of Claymore’s well-known past.

It was inevitable that the media would dredge up Claymore’s history, and unlike Britain there would be no restrictions on public discussion of the facts of the case. Gag orders could be imposed at the judge’s discretion, but there was no automatic sub-judice rule in the United States as there was in Britain.

This was Claymore’s arraignment appearance — in effect his first appearance in court since his arrest, and predictably enough it had attracted a lot of public attention. As Alex sat down, a woman of about forty of average height with neat, jet black hair, rose from her chair to dispute the point. She was Sarah Jensen, the Assistant District Attorney who headed the Domestic Violence Division of the DA’s office. Alex had never crossed swords with her before but he was well-aware of her reputation. Some prosecutor’s are tough in their attitude and demeanor, but not really good at their jobs. Others were good but not tough. Sarah Jensen was both.

“Your Honor.” There was an angry, almost contemptuous edge to the voice. “Elias Claymore’s record is well- known and one part of it — which defense counsel conveniently failed to mention — is the fact that he not only raped six women in the past, but he also escaped from prison last time he was convicted and remained at liberty for several years. For this reason alone, he is a very serious flight risk.”

Alex was back on his feet.

“Your Honor, the Assistant District Attorney seems to have conveniently forgotten that my client returned to America voluntarily to serve out his sentence.”

It was Alex who, as a young law graduate who had only just passed his bar exams, negotiated the plea- bargain.

“And why should that outweigh the fact that he fled in the first place?” asked the judge, raising a skeptical eyebrow.

The judge was an old man, close to retirement from the bench. He had seen and heard just about every piece of bullshit that lawyers were capable of throwing at him, and if there were any new tricks to be learned — even from an experienced veteran like Alex — he would have been most surprised.

“Because it’s a more recent event, Your Honor. And in judging a man’s character, the court should give more weight to his recent past than his distant past.

He placed the emphasis on his key words, in the hope of neuro-linguistically “programming” the judge to respond as he wanted.

“You mean the fact that he returned to the United States to serve out his sentence after he escaped?”

“Precisely, Your Honor.”

The judge squirmed with mock-embarrassment and scratched his head.

“Forgive me for pointing out the obvious, Mr. Sedaka, but he could hardly have done it before he escaped.”

The entire courtroom erupted with mirth at the judge’s wisecrack and Alex felt the frustration that goes with knowing that one faces an uphill struggle against a hostile judge — especially when the hostile judge has the law on his side.

The gallery was packed with journalists who had got wind of Claymore’s arrest. They sensed that this was the beginning of another media event, like the O J Simpson trial.

The ADA shook her head.

“Your Honor, if I might just add something at this juncture, there is nothing particularly confidence-inspiring in Mr. Claymore’s return to the United States, after he’d spent several years on the run as a fugitive from justice. He stayed away as long as he could hold out, until he decided that he preferred the comforts of an American prison to the hardships of a Third World dictatorship.”

Alex bristled with anger.

“Your Honor, anyone who thinks a prison is a comfortable place to be, should spend a couple of nights there.”

“I believe,” the judge replied solemnly, “that prison is supposed to be an unpleasant place… so that the inmates won’t want to go back there.”

Again, laughter erupted from the spectators.

“My point, Your Honor,” Alex replied, with growing irritation, “is that the Court should be guided in its judgment by considering the new Elias Claymore, not the old Elias Claymore. His absconding, like his criminal record, belongs to his past.”

“That’s something that the prosecution will no doubt dispute, and something that the jury will have to decide,” said the judge in his world-wary tone. “However, I’m inclined to accept that the defense has a valid point regarding the flight risk. The fact that Mr. Claymore returned to the United States to serve his sentence is a strong point in his favor. Also he does now have roots in the community. On the other hand I must also bear in mind the severity of the alleged crime and the fact that Mr. Claymore has a record for this sort of crime and the fact that he did once escape lawful custody.”

For almost half a minute Alex and the ADA waited in silence while the judge appeared to be considering his options.

“I feel that in this case, the accused’s record of escape outweighs any other factors. Bail is denied.”

Alex was angry.

“In that case my client stands by his right to a speedy trial.”

“That is your right, Mr. Sedaka. I’ll set the prelim fourteen days hence in Court 12.

In general lawyers are more amenable to a delay when their client is out on bail. Alex’s motive for refusing to waive the right was twofold. Firstly to put pressure on the DA — and thus indirectly on the judge — to reconsider the bail question. Secondly, if bail was to be denied, then he didn’t want his client sitting in jail for long. Jail is an unsafe environment at the best of times, and for a black man who was thought of as an “Uncle Tom” it was particularly dangerous. Black prisoners would hate him because of the perception that he had “joined the establishment” while on the other hand he could hardly expect any sympathy from cliques like the “Aryan Nation.”

Whether either of them would go as far as to try and kill him was another matter, but prison beatings were almost impossible to prevent. The only way Claymore would be safe is if he asked for isolation from the general prison population. But that would involve being put in a special section with all the sex offenders, including child molesters. Alex wasn’t sure if Claymore would be ready to seek this. Knowing Claymore, he’d probably try to tough it out — until it was too late. And this wasn’t an area in which Alex could advise his client. It was something Claymore would have to decide for himself.

After a brief whispered exchange, Claymore was led away to be taken back to the county jail that was also located in the building.