Judge Martin took his seat on the bench and a wave of confusion consumed him. Neither defense attorney was at the table, nor was one of the defendants.
“Let’s start with the defense. What’s going on?”
Ravonne and Greenburg looked at the judge perplexed.
“Either one of you,” the judge added.
Ravonne took his seat at the table and immediately began whispering to Kareem.
Greenburg approached the podium in the middle of the courtroom and smiled at the judge. “Your Honor, good morning.”
“I don’t know about good, but hello.”
“Your Honor, my client Mr. Andre Bezel had an outburst a moment ago and had to be removed from the courtroom.” He paused as he had to tread lightly and not violate attorney-client privilege.
“Do you have a motion?” the Judge asked and grabbed the Federal Rules of Criminal Procedure. He was attempting to bail the defense attorney out by asking that question. He often did that. It forced attorneys to formulate an oral motion to rectify the problem and preserve their appeals right to the issue, if it’s overruled.
“No motion Your Honor. I am going to request five minutes to chat with my client and ask that the Court remind Mr. Bezel that he cannot make outbursts in the courtroom.”
“Very well. Any opposition from the government?”
“No, Your Honor.”
“Let’s take a five-minute break and remind the defendant that courtroom outbursts will not be tolerated.” He smiled.
Greenburg walked back to the table and leaned to whisper to Ravonne. He said, “Come with me too chat with Andre. He may be persuaded by you to behave.”
“Sure, I can do that. That’ll cost you three hundred dollars.” Ravonne said and smiled. He stood and followed Greenburg to the prisoner holding tank.
* * *
The Marshals were thick in the courtroom when Andre was ushered back to his chair. The judge had ordered that he remain handcuffed. His blazer was placed over his hands so that the jury could not see the handcuffs. The Judge had also admonished the defense as a whole for Andre’s outburst. It was made clear that Andre would be tried in absentia and defense counsel would be fined if there was another Andre courtroom outburst.
“Now that that business is over, we have the issue of change of plea, a defense motion that was submitted and objected to by the government. I am going to deny that motion to present evidence proving that the defendant Andre Bezel is insane and was under duress while committing these alleged crimes. The defense trial brief submitted to the Court one week prior to the commencement of trial thoroughly outlined that the primary defense was to counter the government’s case by presenting evidence that alleges that the defendant’s actions were coerced by a chief government witness. The defense is not and simply cannot now seek to prolong trial and violate speedy trial laws in an effort to unearth facts that may or may not add to the evidence already in possession of the defense. I am going to deny this motion and primarily because of the timing. Defense counsel had over a year to find a trial defense and the one propose here should have been up at the top of the menu.
So we have a trial to begin. I’d like to remind everyone that this is a court of law, and it shall be treated as such. We all know the rules and I just want all officers of the court to assure that this train runs smoothly down the track.”
“Yes, Your Honor,” all of the attorneys said in unison.
“Very well. I’ll have my deputy bring in the jury and the government can deliver their opening statement.”
“Your Honor, I’d just like to ask that the defense change of plea motion be marked as sealed as far as the trial goes. It, in a way, admits guilt and I am motioning that this motion not come up during trial.”
“Barnswell?”
“No objection, Your Honor with the exception of the defendants taking the stand.”
“The Court will grant that motion with the caveat that if the defendant Andre Bezel only takes the stand and testifies to any facts contrary to what was admitted to in the motion only, the motion may be introduced to impeach the defendant, but not solely because he takes the stand.” The judge looked at the prosecutor and asked, “Clear?”
“Yes sir.”
“Perfect. Let’s get the jury in here and you can present your opening statement.”