by Dave Daren
The warden spun the laptop toward himself as he accessed the feed with a grimace. He tapped away at the keys for a few seconds and then paused.
“I’ll let you know what I find,” he said after a moment.
“No way,” I argued and shook my head. “You already tried to get Mr. Adams to file false charges on my client once with your own version of events. I want to see the video for myself.”
“You can’t just demand to see the videos without a subpoena, Mr. Morgan,” Marlowe insisted. “Your presence in my office during the lockdown was simply a consequence of the circumstances. You have no right to view the video yet.”
“Warden, I have every right to see it, and I’m also officially requesting that my client be transferred into protective custody,” I thundered. “He has been viciously attacked twice in the small amount of time he’s been under your supervision, and I’m in fear for his life.”
“Don’t be ridiculous!” the warden shrieked. “He’s a mobster! Of course, he’s going to be attacked sometimes!”
“You have no proof of your claims, and I’ll add prejudiced treatment to my request,” I shot back. “Do you want to keep going?”
“Gentlemen.” Adams stepped between us with his hands raised. “Let me just skip all the issues at hand. I want to see the video as well, so we can all watch it together. Is there a problem with that?”
“No.” I clenched my fists at my sides and waited for the warden.
I knew I was banking on my client not being involved in the murder, but he’d done everything right so far. I had to trust him now.
“Fine,” Marlowe spat out.
“Good,” Adams said with a nod. “Then we’ll join you.”
Adams and I walked around either side of the warden’s desk. The video was paused with Officer Bradford standing just outside what appeared to be an entrance to the bathroom. He had his back to the wall and his arms crossed over his chest as he watched his surroundings.
I had the sudden sinking feeling that something wasn’t about to go well, and instinct told me I only had one weapon at my disposal.
I carefully slipped my phone from my jacket and turned on the camera to record as Marlowe hit the button to play the video.
We all watched in silence as Bradford eyed one inmate who exited the bathroom and said something to him. The inmate turned around and flipped him the bird before he stalked off screen. Bradford took a step toward the inmate when another one slipped out of the bathroom and wrapped a large, tattooed arm around his neck. Bradford grasped at the inmate’s arm, but a second inmate scurried out of the bathroom and drove a shiv into the officer’s chest.
The blood immediately pooled on his uniform, and the inmates let him fall to the floor. Then Rossi was shoved out of the bathroom into the waiting clutches of the two inmates who had attacked the officer, and they immediately began to punch him. He ducked several blows and nearly tripped over Bradford’s body as they barreled toward him.
“I think I’ve seen enough,” Adams muttered. “What kind of dog-and-pony show are you running here, Rich?”
“My guys are trained better than that,” Marlowe insisted. “Bradford knows not to focus on taunts. I don’t understand.”
“All this has done is wasted my time!” the DA boomed. “Your guys don’t even know what they saw, apparently!”
“They saw him there,” the warden whined. “That’s what they all said!”
I tucked my phone back into my pocket while the camera continued to record. Marlowe closed his laptop and leaned back in his chair with a sigh.
“So, I assume my protective custody request will be approved, then,” I said with my eyes on the warden.
“It takes time for such requests to be processed,” he hedged.
“Okay, then I’ll file for his immediate release with a judge,” I huffed. “Mr. Rossi is clearly not safe here!”
“He didn’t get hurt, did he?” Marlowe scoffed. “It was one of my guys who got killed, Counselor. You don’t even seem concerned.”
“Officer Bradford’s death is a sad event,” I replied earnestly. “It also goes to prove that someone in this facility is willing to take a life to get to my client. I will not continue to have his safety jeopardized.”
“I think the best option here is to keep all three inmates involved in solitary,” Adams cut in with a frown. “They’re required to spend at least twenty-four hours there after an altercation resulting in death, correct?”
“Yes,” Marlowe mumbled.
“Then that’s what they’ll do,” the DA continued. “As for charges, I will not be adding any at this time. I need the files of all three men sent to my office to determine the best way to handle the murder of Officer Bradford.”
“The best way to handle it is to charge the two who did it,” I retorted. “My client should be in protective custody until his hearing.”
“Protective custody is not my call, Mr. Morgan,” Adams replied. “If Warden Marlowe approves your request, you’ll be notified. Until then, I’ll see you at Mr. Rossi’s next appearance. If there are additional charges, I’ll notify you at that point.”
“Absolutely not,” I argued. “I want to take a copy of the video with me now. I’ll be filing habeas corpus for Mr. Rossi. Your office has filed blatantly exorbitant charges with no evidence and put my client’s life in danger with this imprisonment.”
“Good luck, Counselor,” Adams chuckled. “Your client is charged with multiple violent offenses. There’s no chance a judge is going to sign off on releasing him over a couple of fights.”
“With all due respect, this isn’t a simple fight,” I said firmly. “This was an officer’s murder that someone tried to make him look responsible for and then assaulted him. Considering the increase in violence between the two attacks, I’d say the next attempt would likely be even more volatile. Do you really want to take that risk?”
“That’s not my problem,” the DA sneered. “Like I said, good luck, kid.”
“I’ll take that video now, since apparently, I’ll need all the luck I can get,” I said to Marlowe.
“The warden was correct about your need for a subpoena since the video is now evidence in an active investigation,” Adams cut off Marlowe’s reply. “Once you have that, I’m sure Mr. Marlowe will be happy to provide you with a copy of the video.”
“Oh, you mean once it’s somehow been accidentally erased or lost among the computer files?” I snorted. “Yeah, I’m sure that subpoena will be really helpful then.”
“Technology is fickle, you know,” Marlowe chortled, and Adams silenced him with a glare.
“I assume I’m not allowed to visit my client while he’s in solitary.” I decided to change tactics and try to focus on Rossi. “When will he be seen by the medical staff?”
“Once he is deemed no longer combative,” the warden replied with a shrug. “Some of the inmates take a few days to calm down after a fight. We don’t put our medical staff at risk. No more lives need to be lost today.”
“So, you’re telling me that despite video evidence of Mr. Rossi’s assault, he may or may not receive medical treatment for possible injuries today?” I pressed.
“Don’t get all worked up, Counselor,” the DA chuckled. “Mr. Rossi will be treated for any injuries he sustained today, provided he does not attack the nurses.”
“He won’t,” I said before I pressed my mouth into a thin line.
“Then I see no issue with ensuring he receives his treatment now, while you’re here to observe.” Adams turned and nodded to Marlowe.
The warden frowned but picked up the phone on his desk and muttered to someone on the other end.
I turned to the wall of screens and watched one of the nurses grab a bag of medical supplies from the infirmary before she walked across a few more screens to the same area where Rossi and the other two inmates had been taken.
Marlowe picked up a remote and turned on an additional row of screens behind his desk. Rossi and his
attackers sat in separate individual cells, and my client was clearly bleeding from a wound to his head. I watched as he stepped all the way to the back of his cell while the nurse entered and began to treat his injuries.
“Satisfied?” Marlowe sneered.
“With his medical treatment, yes,” I replied. “With his overall treatment at your facility, absolutely not. He will be in solitary until tomorrow evening?”
“Yes,” the warden confirmed and narrowed his eyes on me.
“Then I’ll be back tomorrow evening,” I said and met his gaze. “I assume he’ll still be in decent physical health at that time.”
“Can’t get in a fight in solitary,” Marlowe huffed.
“I would hope not,” I muttered.
I grabbed my briefcase from the chair and strode toward the door without a glance behind me. I had a feeling the two were about to begin some serious damage control, but I had what I needed. I waited until I was back in the hallway to turn off my camera and then returned to the security area to retrieve my gun. The correctional officers watched me with wary eyes but didn’t say anything as I strode out the door to my car.
As soon as I was safely inside, I grabbed my phone to call Anthony and nearly leaped out of my seat when there was a knock on my window. I whirled to see Hank with a furrowed brow and clenched jaw. I rolled down the window, and he sighed with relief.
“You’re alright,” he muttered. “Thank God. What the hell happened in there?”
“A CO got killed, then there was a fight, and they put the whole place on lockdown,” I replied. “I was just about to call Anthony.”
“Good.” Hank nodded. “I told him I didn’t know much, but they wouldn’t let me in when I saw the lights and heard the alarm. I told him when you came out, but you know he’ll want all the details.”
“Oh, trust me, he’ll want to know everything I just found out,” I said with a grimace. “I’m headed to the house for the night, but we’ll have to be at the Manhattan courthouse bright and early. I have some lawyering to do.”
“I’ll be ready,” the giant bodyguard chuckled.
I rolled up the window just as droplets of rain began to fall from the darkening sky. I dialed Anthony’s number and waited for him to pick up while I pulled out of the prison parking lot and headed for my apartment. My first instinct had been to find a judge and visit him at home to file for my client’s immediate release, but I didn’t want to risk losing the argument.
Rossi was safe for the night in solitary, and I could always find a judge in chambers before court started in the morning. Then I’d have my client out of Rikers before the twenty-four hours was even done.
“Holy shit, you got caught in a lockdown?” Anthony asked as soon as he answered.
“Well, yeah, someone killed a guard and tried to blame Rossi for it,” I answered in a heated tone. “I watched the whole damn video.”
I laid out the situation at hand and made sure to include the DA and warden’s obvious attempt to keep the incident under wraps. I chuckled to myself when two news vans drove past me toward the prison, and I knew it wouldn’t be long before all of New York heard about the event.
“So, Adams is a sleazeball, too?” Anthony groaned. “Can’t we get a single good politician here?”
“Alessia,” I pointed out.
“Ah, right, just the one,” he scoffed. “Guess that’s enough for the average citizen.”
“Well, it won’t be enough for Rossi if I don’t get him out of there,” I muttered. “I can’t do much tonight, but I’ll be making an appearance at Judge Goldberg’s chambers first thing in the morning.”
“Tell me about this Marlowe guy,” Anthony grunted.
“I don’t know much about him,” I admitted. “Today was my first time to meet him. He’s never come out to greet me at the gate before, but he and Adams sure seemed friendly.”
“You think Adams is dirty or Marlowe?” he mused. “Or both?”
“I didn’t see anything that screamed ‘Serbian,’ but Marlowe sure as hell didn’t care what happened to the inmates on his watch,” I replied. “He’s not a politician, either, so I imagine it was more covering his ass than anything else. He can easily be fired by the commissioner. Based on what I’ve read about her, I doubt she’d tolerate a cover-up. She seems to be by the book.”
“All the more reason to make sure this doesn’t get swept under the rug now,” he said. “If she hears about it, she can make sure it stops.”
“Or let him go,” I added.
“If she doesn’t, I can think of a few other ways to handle this Marlowe guy,” Anthony murmured darkly.
“Like filing a report with the state,” I supplied. “Great idea, boss.”
“Something like that,” he huffed. “We’ll see what the commissioner does once this all comes out.”
“Yeah, media is already on it,” I said. “I saw a couple crews headed out there on my way back. It won’t be long before she has to address it somehow.”
“Then we’ll play it by ear,” Anthony decided.
I worried about what he would do if it turned out the commissioner backed Marlowe, but I couldn’t play the “what if” game. I had to play it by ear, too. I’d keep my client safe and talk him out of any illegal options, just like I’d done so far.
“I’ll let you know how it goes in the morning,” I said as I arrived in Brooklyn. “For now, I need some sleep.”
“Yeah, sounds good,” Anthony agreed.
We hung up, and I pulled into my apartment’s parking garage just as the rain began to fall even faster. I groaned as I gathered my briefcase, locked my car, and trotted to the front door. Even in just a few seconds, I was dripping wet, and I shivered the whole elevator ride to the fifth floor.
It was a little strange to see most of my room packed up, but I didn’t think about it long as I peeled off my clothes and hopped into a steaming hot shower. In less than an hour, I was showered, shaved, and ready for bed.
Tomorrow, I’d be back to my real job. Poor Nate would have to find someone else to watch his terrible videos.
When my alarm went off, I didn’t even remember falling asleep. I crawled out of bed and picked out a navy Brooks Brothers suit. Then I made sure my phone was charged.
Show time.
I waved to Hank as I strutted out the front door into the early morning hours. The sky was still a bit overcast, but no rain so far. I drove through the spotty traffic to the Manhattan courthouse and was parked by 8:15. Judge Goldberg would likely still be in his chambers since scheduled court hearings didn’t start for another forty-five minutes, so I checked the building directory and took the elevator to the third floor.
A petite blonde sat at a round desk in front of the judge’s chambers, and she looked at me curiously as I stepped off the elevator.
“Court is on the second floor,” she said as she glanced down at my briefcase.
“I know,” I replied with a smile. “I need to see Judge Goldberg before that.”
“Ah, I don’t think that’s wise,” she countered. “He’s preparing for--”
“Yeah, I’m going in,” I cut her off with a wave. “You can follow me if you want to be a witness, but the situation is an emergency.”
“Shit,” she cursed as I brushed past her and rapped on the judge’s door.
“Shelby, I told you I don’t need a second coffee today!” Goldberg yelled from his chambers.
“I apologize, Your Honor,” I said as I pushed through the door with Shelby hot on my heels. “I don’t even have a first coffee for you.”
“Counselor, what is the meaning of this?” the judge demanded as he jumped from his chair. “I’m due in court at nine, and your second chair said you were out sick yesterday!”
“She did,” I agreed. “I wasn’t feeling well, and I’ll show you why.”
“Ex-parte is beneath you, Mr. Morgan,” a familiar voice hissed from the doorway behind me.
I spun around to see DA Adams stood behin
d Shelby, and he was seething.
“It’s not ex-parte if it’s an emergency,” I pointed out before I turned back to face Judge Goldberg. “And this is an emergency, Your Honor. My client is in grave danger.”
“Slow down, Counselors,” the judge huffed as he sat behind his desk with a frown on his wrinkled face. “What grave danger is your client facing?”
“He’s not--” Adams started.
“My client has twice been violently and brutally attacked by two or more inmates since his arrival at Rikers two days ago,” I cut him off. “The second time, his attackers tried to frame him for the murder of a correctional officer.”
“Officer Bradford?” Goldberg’s eyes widened. “He was murdered?”
“Yes, we watched the entire event on the security video, Your Honor,” I continued. “A video which proved my client’s innocence, yet Mr. Adams insisted on preventing me from obtaining a copy to bring as evidence when I file for my client’s release.”
“A habeas corpus request?” the judge exhaled and shook his head. “Counselor, I’ve been told you’re like a dog with a bone, but this is quite a request. Why was he denied the videos?”
Goldberg turned his attention to Adams, whose face flushed a dark crimson as he pointedly stepped next to me without meeting my stare.
“Your Honor, the murder investigation is ongoing, and all the inmates in the vicinity have been put into solitary pending the results,” he assured him.
“That’s odd,” I said with a smirk. “Yesterday, you and Warden Marlowe merely guaranteed my client would be kept in solitary for twenty-four hours, despite my request for him to be moved into protective custody.”
“The investigation is ongoing,” Adams replied through gritted teeth. “Once we have the correct evidence, we can proceed--”
“See, I thought you might say that,” I retorted as I pulled out my phone. “So, I figured Judge Goldberg might want to determine the need for my client’s safety for himself.”
Before Adams could argue, I hit play on the video and turned it toward the judge. I watched Goldberg’s eyes widen while he watched in stunned silence as the murder, the setup, and the fight played out. Then his eyes narrowed into slits during my discussion with the DA and Marlowe.
