“All rise,” the courtroom deputy said as Judge Martin had a seat on the bench.
“Please be seated. Let’s get back to business, shall we? It appears that a 5.8 magnitude earthquake rocked a town in Virginia and apparently sent waves through the eastern seaboard. We are not under terrorist attack, at least not here in the federal courthouse, so...” The judge clasped his hands together and smiled. “Where were we? he asked rhetorically. “Ah, the Government had indicated that their first witness had a problem?”
“Yes, Your Honor. It appears that...” Barnswell was cut off.
“Stop right there. Let’s take this into chambers as I do not want any evidentiary material to be exposed on the record and in front of everyone.”
“Yes, Your Honor.”
All parties involved took seats in the judge’s well-appointed chambers. It was not covered with the ordinary oak and wood grains. These chambers were modern and a tad futuristic.
“Ok, let’s start with you Barnswell,” Judge Martin said.
“Apparently, one of our witnesses had not checked in today. Her name is Margaret Summers and she was employed by Telecheck Systems. She would have testified to the numerous counterfeit checks that the defendant Kareem Bezel had written and explained how they affected interstate commerce. Her testimony would have bolstered how Andre Bezel acquired the cash to fund his illicit drug business. Well, one of them. She was supposed to fly here from Florida this morning and did not, so my assistant contacted her cell phone and received no answer.” Barnwell’s cell phone buzzed and he paused. He did not check it, but it threw him off. “Afterward, my assistant contacted Ms. Summers home and a police officer answered the phone and indicated that she had been murdered. Gunshot wound to the head. Close proximity.”
“Ok, so your office will be investigating this?”
“Yes, Your Honor. For starters, we would like Kareem Bezel to account for his whereabouts the last two days, as no one knows when she was killed.”
“Objection,” Lemelle said and smiled. “No way that my client went to Florida and murdered anyone, and we will not be harassed by such foolish conjecture.”
“Be careful with the wording, but I am not going to decide that matter, as it’s not for me.”
“But Your Honor. This murder is very coincidental.”
“Right, but it is an investigative matter. Now if you charge someone and you’re looking for discovery material, then that’s my territory. I won’t touch this, if no one has even been charged.”
“Note my objection.”
“Noted, but the Third Circuit would take my side. It’s a judgement call. You will have time to present your case and relitigate all of this, as I am declaring a mistrial here.”
“A what? Objection,” Barnswell yelled out.
Lemmelle smiled. He thought the tantrum was cute.
“Ok, Barnswell, your second objection is noted. However, my concern is that the defendant would have been prejudiced by the fact that he was handcuffed and swarmed by the marshals. It’s presumed that the defendant would be prejudiced by such unless you have evidence to introduce that I would allow into the record that would indicate that he was incarcerated and that fact would have come to the light anyway, I am declaring a mistrial.”
“If you mean a phone record or a mail record there aren’t any. The defendant has not made one call or sent out one letter. He is very clever and indeed being coached by the sagacious Kareem Bezel.”
“Objection, Your Honor. It’s absurd that the government consistently approaches this case under the notion that Kareem Bezel controls Andre Bezel. Kareem was not at any crime scene with Andre, at least according to the discovery material that I have read. So can you please admonish the government with the caveat that he is not to continue to speak badly of my client? That in and of itself is prejudicial.”
“This is getting out of control. Know that I don’t think sagacious has a definition that can be determined as bad. However, let’s end today and reconvene tomorrow. I want briefs on what we should do with respect to Andre Bezel being handcuffed in front of the jury.”
“Your Honor, if I may,” Greenburg said. The judge nodded and Greenburg said, “Sir, there is no doubt that my client was prejudiced by the actions of the marshals. Not only was he handcuffed, he was dragged to his feet and slammed against a wall. It was as if he committed a crime in the courtroom.”
“That’s precisely what I was thinking Greenburg. You say what Barnswell?”
“I’d like to submit a brief or be given an opportunity to consult my department chief. We have laid out our case in an opening statement and I will need to check for case law that supports the jury being admonished or instructed in the end regarding this matter. It took a lot to prepare for this trial and to gather all witnesses.”
“And we have had to prepare as well,” Greenburg added.
“Then it’s settled. I’ll see you all tomorrow at 9 a.m. I will have the jury here at 11. That’s the best that I can do.”
“Your Honor, I’d like to ask for bail for my client, Andre Bezel.”
“Really,” Barnswell said. “This is laughable, but I object.”
“And what is your objection?” the judge asked.
“You can’t be considering this? He is on trial for murdering three people. Murderers are not afforded bail.”
“Not true, Your Honor,” Greenburg said. “Many defendants have a bail that they cannot secure.”
“Wow. We cannot grant this man bail,” Barnswell said.
“Considering the fact that it is very likely that I will be declaring a mistrial, I am going to grant the defendant bail of one-million dollars and he is to surrender any passports. It is so ordered. Anything else?”
“Objection, Judge Martin. You cannot give him bail. He murdered three people and a witness in this matter was murdered, which I am sure will be linked to the defendants.” Barnswell was out of his chair and fuming
“Conjecture!” Greenburg said. “There is no evidence that my client had anything to do with a murder in Florida. It was established a moment ago by the government that the defendant has not made a call or sent a letter out of the prison; ergo there’s no way that he ordered a hit on a witness. This is absurd. Bail has been ordered and the defendant will fight to keep his freedom. Thank you, Your Honor,” he continued and grabbed his briefcase to leave. “May I be excused, Your Honor?”