Rogue Lawyer

My job is layered and complicated, and at the same time it’s quite simple. I’m being paid by the State to provide a first-class defense to a defendant charged with capital murder, and this requires me to fight and claw and raise hell in a courtroom where no one is listening. Gardy was essentially convicted the day he was arrested, and his trial is only a formality. The dumb and desperate cops trumped up the charges and fabricated the evidence. The prosecutor knows this but has no spine and is up for reelection next year. The judge is asleep. The jurors are basically nice, simple people, wide-eyed at the process and ever so anxious to believe the lies their proud authorities are producing on the witness stand.

Milo has its share of cheap motels but I can’t stay there. I would be lynched or flayed or burned at the stake, or if I’m lucky a sniper would hit me between the eyes and it would be over in a flash. The state police are providing protection during the trial, but I get the clear impression these guys are just not into it. They view me the same way most people do. I’m a long-haired roguish zealot sick enough to fight for the rights of child killers and the like.

My current motel is a Hampton Inn located twenty-five minutes from Milo. It costs $60 a night and the State will reimburse me. Next door is Partner, a hulking, heavily armed guy who wears black suits and takes me everywhere. Partner is my driver, bodyguard, confidant, paralegal, caddie, and only friend. I earned his loyalty when a jury found him not guilty of killing an undercover narcotics officer. We walked out of the courtroom arm in arm and have been inseparable ever since. On at least two occasions, off-duty cops have tried to kill him. On one occasion, they came after me.

We’re still standing. Or perhaps I should say we’re still ducking.

2.

At 8:00 a.m. Partner knocks on my door. It’s time to go. We say our good mornings and climb into my vehicle, which is a large black Ford cargo van, heavily customized for my needs. Since it doubles as an office, the rear seats have been rearranged around a small table that folds into a wall. There is a sofa where I often spend the night. All windows are shaded and bulletproof. It has a television, stereo system, Internet, refrigerator, bar, a couple of guns, and a change of clothes. I sit in the front with Partner and we unwrap fast-food sausage biscuits as we leave the parking lot. An unmarked state police car moves in front of us for the escort to Milo. There is another one behind us. The last death threat was two days ago and came by e-mail.

Partner does not speak unless spoken to. I didn’t make this rule but I adore it. He is not the least bit bothered by long gaps in the conversation, nor am I. After years of saying next to nothing, we have learned to communicate with nods and winks and silence. Halfway to Milo I open a file and start taking notes.

The double murder was so gruesome no local lawyer would touch it. Then Gardy was arrested, and one look at Gardy and you know he’s guilty. Long hair dyed jet-black, an astonishing collection of piercings above the neck and tattoos below, matching steel earrings, cold pale eyes, and a smirk that says, “Okay, I did it, now what?” In its very first story, the Milo newspaper described him as “a member of a satanic cult who has a record of molesting children.”

How’s that for honest and unbiased reporting? He was never a member of a satanic cult and the child molestation thing is not what it seems. But from that moment Gardy was guilty, and I still marvel at the fact that we’ve made it this far. They wanted to string him up months ago.

Needless to say, every lawyer in Milo locked his door and unplugged her phone. There is no public defender system in the town—it’s too small—and the indigent cases are doled out by the judge. There is an unwritten rule that the younger lawyers in town take these low-paying cases because (1) someone has to and (2) the older lawyers did so when they were younger. But no one would agree to defend Gardy, and, to be honest, I can’t really blame them. It’s their town and their lives, and to rub shoulders with such a twisted murderer could do real damage to a career.

As a society, we adhere to the belief in a fair trial for a person accused of a serious crime, but some of us struggle when it comes to the business of providing a competent lawyer to guarantee said fair trial. Lawyers like me live with the question “But how do you represent such scum?”

I offer a quick “Someone has to” as I walk away.

Do we really want fair trials? No, we do not. We want justice, and quickly. And justice is whatever we deem it to be on a case-by-case basis.