Honorable George Martin was on the bench.
That was the moment everyone had been waiting for, and it could not have happened sooner. All of the actors on the stage introduced themselves to the judge and were officially recorded as being responsible for the results in the matter of Andre Bezel, Kareem Bezel and unknown persons vs. United States of America. That was an ivy-league affair and they were ready to battle it out.
“Good morning everyone,” Judge Martin said and shuffled some papers on his desk. He moved a legal tome, and said, “We’re here for an emergency pre-trial hearing because two days before trial, the defense docketed two motions: A motion to suppress, and a motion to change plea. Right so far?”
In accordance with Judge Martin’s rules, all attorneys stood prior to addressing the court. In unison they all said, “Yes, Your Honor.”
“Ok, let’s start with you Greenburg,” the Judge said, and smiled. He needed to get an understanding of why he was suddenly forced to make such a critical decision a day before trial. This was the sort of decision that could blemish his Appeal’s Court affirmation record.
“Yes,” Greenburg said and stood. He donned a navy pin stripe suit with a pink shirt and paisley tie.
“Aren’t you at your sartorial best this morning?”
“Thank you, Your Honor. Before we get started, I’d like to avoid a Federal Rules of Criminal Procedure Rule 43 violation and ask that we bring Mr. Bezel to the courtroom.”
“Objection, Your Honor,” Barnswell said. “Foremost, I oppose both motions for timeliness and with that, there’s no need to bring the defendant into the courtroom.”
Judge Martin sat there and pondered. He ran his fingers through his gold locks and then put his glasses on. The judge grabbed the Federal Rules of Criminal Procedure and turned to rule 43, which read in part: (a) when required, the defendant must be present at (1) the initial appearance, the initial arraignment, and the plea, (2) every trial stage, including jury impanelment and the return of the verdict; and (3) sentencing. The Judge had a basic understanding of the rule and carte blanche to look at the statute liberally, but he wanted more. He removed his glasses and said, “Well, let’s address the issue of timeliness. Greenburg?”
“Your Honor, I was informed of some things from my client, which came just three days before trial. I had an emergency psyche evaluation ordered and found some disturbing things in the report. Furthermore, I received a psychological file,” Greenburg dug in his bag and pulled out a file and laid a copy on the prosecutor’s desk and gestured for the courtroom deputy to pass one along to the judge. “Let the record reflect that I have supplied the Court and the AUSA a copy of the file which was sent to me from Child and Adolescent Psychiatry and Behavorial Science located at the Children’s Hospital of Philadelphia. Apparently, Mr. Bezel experienced psychiatric behaviors that were brought on by some emotional difficulties. It goes to Mr. Bezel’s legal issue that he was forced to commit crimes by a decorated federal agent.”
That was the report that Greenburg could not wait to pass along to everyone in attendance. On the line was the defense’s entire case, and that meant Kareem, Andre, LaToya and Natasha. They were all dialed into the case one way or another, and if Andre could be absolved on a mental defect theory, it would make life easier for all of them.
Report in, Greenburg had the prosecution squirming in their seats. Not only was Barnswell at the table, so was Darlene Axelrod, a Secret Service forensic analyst from the United States Secret Service, and Oscar Buck, who was with the Drug Enforcement Agency. After the initial shock, they gathered their composure. The ball had been volleyed into their side of the court, and they were minimally prepared to respond.
“Your Honor, the core of the report reflects that Mr. Andre Bezel was not in his right state of mind when he allegedly committed the crimes in question, because DEA Agent Lucas McKenzey had forced him to commit them.”
“Your Honor, we are prepared to make one thing perfectly clear. We are not prepared to allow the defense to cloud this court proceeding with any novel psychological defenses.”
“It’s not your position to allow it.” Greenburg snapped and then smiled.
“Mr. Greenburg?” Judge Martin said and admonished the defense counsel with a stern glare for being an asshole. “Please explain the timing on this matter. I am not convinced by your motion that I should allow a change of plea at this point. The prosecution offered your client a plea which was turned down, and I am sure you know that they sent a letter thereafter indicating that there would be no plea agreement if they had to prepare for trial. Undoubtedly, they’re prepared.”
“We are Your Honor,” Barnswell said.
“So tell me, why am I entertaining this material being handed to me the day before trial, Mr. Greenburg?”
Barnswell stood and said, “Your Honor, I’d like a moment’s recess. I have to address something with my assistant counsel. I need some quick research done, because it appears that this hearing may proceed and I need to be prepared. I have something very specific that I need looked up and just need a moment to convey that, if the Court will allow it.”
“Objection.” That was Greenburg.
“Overruled. Let’s adjourn for 10 minutes, and when we return, Greenburg please be prepared to address the timeliness of your motions.”
The courtroom stood and Judge Martin did a disappearing act.
Barnswell walked right over to Greenburg.
“What the hell are you doing? You hand me a 100 page psyche report the day before trial and expect me to do what with it?”
“Try responding.”
“I am going too. Make no mistake about that, but you’re causing a problem.”
“For whom?”
“Yourself!”
“Listen, if I may interject. This is absurd. Defense counsel submitted a motion and you have the resources to reply to anything that was submitted,” Lemmelle said to Barnswell. He wanted in on the fight for no other reason than to frustrate Barnswell. Barnswell was the lead counsel that put away Andre and Kareem’s father, and Ravonne had a strong feeling that Barnswell was fully aware that McKenzey had in fact railroaded him and was now going after his kids. Only that didn’t work and now the agent was in jail like a common criminal.
“Let me explain something to you. There’s no way that I am going to allow you to sabotage my case, as I am sure you’re in on this attack.”
“Perhaps,” Ravonne said and stared blandly at the prosecutor.
“I’ll have the last word here today. I’ll promise you that,” Barnswell said with great confidence.
“Great. Threats on federal property have to be a federal offense. So please keep your promise.” Ravonne spun around and had a seat.