Read Online Flat Lake in Winter by Joseph T. Klempner - Free Book Online Page B

could save the court a bit of time by speaking with my client before you took the bench.”
    “Mr.-”
    “Fielder.”
    “-Fielder, I don’t know where you’re from, or how they do things there. But the way things work around here, you’re not this man’s lawyer until I assign you. Right?”
    “Right.”
    “And until you’re his lawyer, you’re not authorized to speak with him. Right?”
    “Right.”
    “Now, you want me to assign you?”
    “Yes, Your Honor.”
    “Okay,” the judge said. “You’re assigned.”
    “Thank you.”
    “And don’t roll your eyes like that!”
    “Sorry, sir.”
    “Now, what can I do for you, Counselor?”
    “I’d like the handcuffs removed from my client,” Fielder said.
    “Denied.”
    The tone of the proceedings pretty much followed that pattern. Gil Cavanaugh announced that he was prepared to convene a grand jury and present his evidence to it without delay. Fielder handed Cavanaugh a letter announcing his desire to have Jonathan testify at the grand jury. Then he asked for an adjournment to consider whether he really wanted to do that, and, if so, to prepare for it. Judge Summerhouse reminded Fielder that the defendant had a right to be released if a grand jury hadn’t voted an indictment against him within six days of his arrest. Fielder offered to waive that provision of the law and consent to extending it to thirty days. The judge said he didn’t know if he had the power to do that. Fielder pointed out that, under the statute, the period could be extended for “good cause,” which certainly included the defendant’s consenting. Cavanaugh announced that he didn’t care whether the defendant consented or not, or whether the period was extended thirty years ; he was going to get an indictment the following day.
    “So, now, does your client want to testify at the grand jury?” Judge Summerhouse asked.
    “I’ve served written notice that he does,” Fielder replied. “But the statute requires that we be given a reasonable time to prepare.”
    “So take your time,” the judge said. “Take all day, if you like.”
    “All day? ” Fielder tried to keep his eyes from rolling again. “I met my client a half an hour ago,” he said. “I don’t even know if he’s competent to testify at this point.”
    The judge was ready for that one, too. “Are you asking for a fitness examination, under Article Seven-thirty of the Mental Hygiene Law?” he asked.
    “Not at this point,” Fielder replied. There was no way he was going to give some court-appointed psychiatrist or psychologist access to Jonathan at this early stage.
    “What does that mean, ‘Not at this point’?” the judge wanted to know.
    “It simply means that I am not now asking for a Seven-thirty examination.”
    By this time, the judge appeared to be approaching his boiling point. “Mr.-”
    “Fielder.”
    “-Fielder, are you familiar with the expression, ‘It’s now or never’?”
    Fielder muttered something under his breath about being familiar with a song of that name, but the only word the judge was able to pick up was “Elvis.” “What did you say?” the judge demanded.
    “Nothing, Your Honor.”
    The judge turned to the court reporter. “What did he say?” he asked her.
    “I’m afraid I missed it,” she said.
    Another friend, thought Fielder. Back up to .750.
    The judge turned back to Fielder. “Are you requesting an immediate fitness examination? Yes or no?”
    “No.”
    “Do you understand that by saying no, you forever waive such an examination.”
    “I understand,” Fielder said measuredly, “that that is your ruling.”
    “And one more thing, Counselor.”
    “Yes, Your Honor?”
    “Don’t ever wear those boots in my courtroom again.”
    Since the sixth day following the arrest would fall on a Saturday, Judge Summerhouse put the case over until Friday, September 5, in order to give Cavanaugh an opportunity to convene his grand jury and get his indictment. Jonathan