Without standing—things were quite relaxed in Youth Court—Theo said, “My friend Woody Lambert is on the docket.”
“Oh, I see. Well, let’s bring him in.” Bailiff Trench opened a side door. Woody and Tony were escorted in by a policeman who removed their handcuffs. Both boys looked at their mother and shook their heads. Daisy fought back tears. Bailiff Trench herded the boys to a spot directly in front of the bench. They looked up at His Honor, who looked down at them with a frown and said, “Okay, this is a first appearance for Mr. Tony Lambert, age seventeen, and Mr. Woodrow Lambert, age thirteen, both charged with armed robbery, along with Mr. Garth Tucker, who is eighteen and thus will be dealt with over in Circuit Court.”
He looked at Daisy and asked, “Can I assume you’re their mother?”
“Yes, sir,” Daisy said, wiping her eyes.
“These are very serious charges and I don’t see an attorney present, other than, of course, Mr. Theodore Boone, who is a pretty good lawyer but a bit too young to be admitted to the bar. Do you plan to hire a lawyer, Mrs., uh, Mrs.—”
“Lambert, Daisy Lambert,” she said. “I can’t afford a lawyer.”
“Okay. Without a lawyer, I’m not going to ask these boys any questions right now. The public defender’s office will provide lawyers for them and that will be done today, if possible. Given the seriousness of these charges, I’m not going to proceed until they have lawyers.”
Without thinking and without hesitating, Theo stood and said, “Your Honor, if I may, do you mind if I say something?”
Judge Pendergrast glared down over the top of the reading glasses perched halfway down his nose. “Why aren’t you in school, Theo?” he asked.
“I have a pass signed by Mrs. Gladwell, Judge. Can I say that I know this family very well? Woody is one of my best friends. We’re in the same grade, same class, same Boy Scout troop. We’ve been close friends for years. Just like you, I don’t know what happened last night but I can promise you that Woody and Tony Lambert had nothing to do with an armed robbery. Right now they are innocent until proven guilty. That’s the way our system works, right, Your Honor?”
“Where are you going with this, Theo?”
“They have the right to bail, to get out of jail while everything is sorted out. Frankly, at least in my opinion, they don’t need to post bail because bail just makes sure they will show up in court when they are supposed to. I can promise you that Tony and Woody will always show up in court.”
“You want me to just release them?”
“Yes, sir. Why not? They’re not criminals. They’re not guilty, I can assure you of that.”
“Do you know the facts, Theo?”
“Not really, but I know these two guys, especially Woody.”
“I’m sorry, Theo, but it’s too early for that. Let’s wait until they have lawyers and then we can discuss the issue of bail. You may sit down.”
Theo sat down slowly and mumbled, “Thanks.”
Judge Pendergrast continued. “Let’s get all the paperwork straight and let me talk to the prosecutor and police. In the meantime, the public defender’s office will get involved and we’ll meet back here as soon as possible. Bailiff, please take these two back to the jail until further orders.”
Theo and Daisy watched the officer slap the cuffs back onto the wrists of Woody and Tony. As they left, Woody turned and said over his shoulder, “Thanks, Theo.” When they were gone, Daisy began sobbing quietly.
“Nice job, Theo,” Judge Pendergrast said. “But from now on let’s wait until you pass the bar exam and get a license to practice law, okay?”
“Yes, sir. And thanks, Judge.”
“You’re excused and I suggest you find your way back to school real soon.”
“Yes, sir.”
Theo and Daisy quickly left the courtroom and found a seat on a bench in the hallway. Theo glanced around to make sure no one was listening and asked, “Do you know where the jail is?”
“Are you kidding? I just spent the night there. I wish I’d never seen the place.”
“Okay. Let’s get over there and try to meet with them.”
“Thanks, Theo.”
Along with the judges and lawyers, Theo knew most of the policemen in Strattenburg. He arrived at the station first and went straight to the desk of a captain named Rick Pruitt. Theo’s mother had handled an adoption for Captain Pruitt and Theo knew him well.
The captain was plowing through a stack of paperwork and was surprised to see his young friend. “Well, hello, Theo. Shouldn’t you be in school?”
“I’m excused until noon. Important business. My friend got arrested last night and he’s back there in the jail. His mother has not been allowed to see him or his brother, and I need your help.”
“What’s his name?” Pruitt asked as he picked up the daily arrest sheet.
“Lambert. Woody and Tony Lambert.”
“Armed robbery?”
“Yes, sir, but it’s a big misunderstanding, at least I think so. We just need to see him, me and his mother.”
“And underage drinking?”
“Not so sure about that, but Judge Pendergrast wouldn’t set a bail this morning, so they’re still locked up. We just want to visit them and see what’s going on.”
Pruitt frowned at Theo for a few seconds, then stood and said, “Follow me.”
They went down a hallway, then down the stairs to the jail. The waiting room was filling up with relatives checking on other inmates. Pruitt pointed to some chairs and said, “Have a seat.”
Theo sat down and within minutes Daisy arrived. In a whisper, Theo explained what was going on. A few minutes later, Pruitt returned and said, “Wait here. It’ll take a few minutes.”
“Thanks, Captain,” Theo said, and Pruitt disappeared.
They waited half an hour before a jailer called Daisy’s name. She and Theo followed him to a holding room where he unlocked the door and waved them in. Woody and Tony were seated at a table, without handcuffs, and when they saw their mother both jumped to their feet. The jailer closed the door and waited outside.
After a round of hugs and tears, all four pulled chairs around a table.
Woody and Tony told their story.
When Theo had heard enough, he decided to leave the family alone and run a quick mission. On his bike, he raced back to the courthouse and went to the Office of the Public Defender on the third floor.
The head PD was a lawyer named Don Montgomery, but everybody called him Monk. To the other lawyers, judges, policemen, and courthouse clerks he was simply Monk. Theo had seen him in the courtroom on several occasions and no one used his real name. It was “Yes, Monk” and “No, Monk” and “Your turn, Monk.” Of course when juries were present and things were more formal, he became Mr. Montgomery, but that was rare. On one occasion the Boone family had bumped into him and his wife in a restaurant, and both of Theo’s parents addressed him as Monk.
He had a difficult job, one that few lawyers envied. His office represented men and women charged with serious crimes but not enough money to hire lawyers. And since the Supreme Court had ruled that every defendant is entitled to a lawyer, Stratten County had created, long before Theo was born, the Office of the Public Defender.
Monk’s operation was always swamped with too many clients and not enough staff to serve them. Every year Monk asked the county for more money, and it seemed, at least to Theo, that he was never satisfied with the support he received. According to Woods Boone, Theo’s father, most PD offices in the country were run on thin budgets. Politicians gave them a low priority because they didn’t like to spend money on criminal defendants.
Theo hesitated before going inside. He paused and sent a text to Mr. Mount. Found Woody. He’s still in jail. Charges seem silly but still serious. Be back soon.
A secretary sat behind an old desk that was covered with stacks of files. Metal cabinets lined the walls. She was typing and paused long enough to frown at him, and without a smile she said
, “Yes?”
“Hello, I’m Theodore Boone and I’m looking for Mr. Montgomery.”
“Why aren’t you in school?”
“I’m excused for a few hours. You see, my friend got arrested last night and his case will be assigned to this office. It’s a Youth Court matter and I would like to see Mr. Montgomery.”
“He’s in a big trial in the main courtroom, Judge Gantry. Youth Court matters are handled by Rodney Wall.”
Theo did not know that lawyer. “Okay, could I please see Mr. Wall?”
“He hasn’t come in yet.”
“When might he come in?”
“I don’t know. I’m not in charge of his schedule. Look, son, I’m very busy. You can check back later.” She returned to her keyboard and resumed typing. Theo backed away and left the office. He walked down to the second floor and went to the office of Judge Henry Gantry, the senior Circuit Court judge and a pal of Theo’s.
When he was dreaming, which seemed like several hours each day, Theo wanted to be a respected courtroom judge like Henry Gantry, a man of great fairness and wisdom.
Judge Gantry’s secretary was Mrs. Hardy, a sweet lady who was always happy to see him, unlike that woman upstairs in Monk’s office.
“Well, hello, Theo,” Mrs. Hardy said as he interrupted her work. “To what do we owe this honor?”
“I need to see the judge.”
“Of course. And shouldn’t you be in school?”
“Everyone seems to think so. I’m excused by the principal. You see, one of my friends got arrested last night and I’m trying to help him.”
“How old is he?”
“Only thirteen. I know, it’s a Youth Court matter, but I still need to see the judge.”
“Well, he’s tied up right now. We’re in the middle of a big trial and he’s meeting with the lawyers.”
“What kind of trial?”
Mrs. Hardy glanced around as if someone else might be listening, as if the trial were a big secret. “It’s a drug case. Some men from out in the county were caught manufacturing drugs.”
“Is Mr. Monk defending the guys?”
“How’d you know?”
“I just left his office. I don’t suppose I could watch the trial, could I? I’m excused from school until noon.”
“That’s up to you, Theo. The courtroom is open to the public, but if Judge Gantry sees you he might not like it.”
“Good point. Thanks, Mrs. Hardy.” Theo walked to the door but stopped when he thought of something else. “Say, Mrs. Hardy, when does Judge Gantry set bail for new defendants, for guys who’ve just been arrested?”
“Usually, it’s the first thing he does in the morning. Doesn’t take long.”
“A guy got arrested last night for armed robbery, name’s Garth Tucker, eighteen years old. Have you seen his paperwork?”
Without looking for a file, she said, “Sure. Judge Gantry set his bail at fifty thousand dollars.”
“Fifty thousand dollars?”
“Yes. It’s a serious crime.”
“Of course it is, but bail wouldn’t be that high for a juvenile, would it?”
“Oh, I don’t know, Theo. Bail is usually lower for juveniles, but that’s another court.”
“Yes, ma’am. Thanks. See you later.”
“Get to school.”
Mr. Tucker had arrived at the jail at eight a.m., after a sleepless night, and his lawyer was not far behind. When the jailer received the confirmation that bail had been set, a bail bondsman was quickly called and hustled over from his shabby office across the street. The arrangement was typical. For a 10 percent fee, the bondsman produced a written guarantee that Garth would remain in the county and show up for court when required. Mr. Tucker wrote a check for $5,000 and left the jail with his son. They went to the city pound, paid another fee of $250, and Garth drove his Mustang home. An hour later, after a shower and change of clothes, he was at school bragging about his big adventure.
By then, Woody and Tony were back in their cell playing checkers, the only game available, and killing time. Daisy was at work, cutting hair in a salon. Theo was watching the clock and trying to keep out of sight. If one more adult mentioned school he might explode.
At 11:30, he swallowed hard and reentered the PD’s office, certain that the grouchy secretary would yell at him. She did not. She quietly informed him that attorney Rodney Wall had called and was investigating a case over in Masseyville, a small town half an hour away. He wasn’t sure when he would make it to the courthouse, if at all.
The office had only three lawyers. Monk, Rodney Wall, and a guy named Udall, who was assisting Monk in the drug trial. So there were no lawyers left behind in the office, and no one for Theo to plead with. Defeated, he said thanks to the secretary and rode back to school.
During lunch, he met with Mr. Mount and Mrs. Gladwell and explained the situation. The charges against Woody and Tony would probably be reduced or dismissed, at least the armed robbery, but they would stay in jail until their lawyer could convince Judge Pendergrast to set a reasonable bail.
“It’s pretty outrageous,” Theo said.
“But it’s not that unusual,” Mr. Mount said. “Our juvenile system is overloaded and there are never enough lawyers and counselors. It’s not unusual for kids to get chewed up by the system. Woody will be lucky if he doesn’t spend time in a detention center, which are not good places.”
“But he didn’t do anything,” Theo said.
“He’s an accomplice to a crime,” Mr. Mount said. He had once been a lawyer and gave up that profession to teach.
“Can you explain that?” Mrs. Gladwell asked.
“It’s the law everywhere,” Mr. Mount said. “Pretty basic stuff, really. Three guys are together. One has a gun. He goes in, pulls the gun, grabs the loot or whatever, and all three make their getaway. The two who waited in the car will always be charged with being accomplices to the robbery and will face the same punishment.”
“That’s not right,” Theo said.
“Well, not in this case. But Woody is in serious trouble. I doubt if he’ll get off free on this one. It’s pretty heavy stuff, Theo.”
“With a water pistol?”
“I’m assuming the guy who got robbed didn’t know it was just a water pistol. I’ll bet his story is that he thought it was a real gun. That’s all that matters. What a stupid move.”
“Do you know this guy, Garth Tucker?” Mrs. Gladwell asked Theo.
“I don’t know him but I’ve heard of him. He’s one of Tony’s friends, though Tony claims they didn’t hang out that much. Woody told me and his mother that he has never liked Garth, said he always thought the guy was trouble. Woody thinks Garth was probably drunker than they realized.”
“He must not be very smart,” Mr. Mount said.
“And Woody was drinking, too?” Mrs. Gladwell asked.
“He had a couple of beers.”
“Does he do this a lot?”
Theo didn’t know how much beer Woody was drinking, and that didn’t matter at the moment. He wasn’t about to squeal on his buddy. “I don’t think so,” he said. “I’ve never seen him do it. But he and Tony are alone a good bit. Their stepfather works out of town and their mother has two or three jobs. Things are not going too well around their house.”
“That poor kid,” she said. “Sitting in jail with no one to help him.”
Theo suffered through the afternoon, watching the clocks in his classrooms and thinking of nothing but Woody in jail. When the final bell rang, he sprinted to the small auditorium where the Debate Team was gathering for a practice session. Mr. Mount coached them. Theo was the captain, but he was in no mood to practice. He whispered to Mr. Mount that he had an idea to help Woody and needed to skip the session.
“I’m going straight to my mom and insist that she go to court to see the judge,” he said.
“But she doesn’t work in Youth Court,” Mr. Mount said quietly.
“I know, but I can beg
her for a favor. And it’s getting late in the day. If we don’t do something fast, Woody will spend another night in jail.”
“Take off,” Mr. Mount said, and Theo disappeared. Ten minutes later he slid to a stop in the gravel lot behind Boone & Boone. He burst through the rear door and into the small room he called his office. Judge was nowhere in sight. Vince, the paralegal, and Dorothy, the real estate secretary, were not in their offices. The door to his mother’s office was closed, which of course meant she was meeting with a client. Theo walked to Elsa’s desk and braced himself for the daily ritual of hugs and questions. But she was on the phone and couldn’t grab him. She smiled, indicated that the call might take some time, and sort of waved him off. Judge aroused from his slumbers and stumbled forth for a good head-scratching. But Theo was too busy. He bounded up the stairs to confront his father, but Woods Boone was gone, too.
At times the place was packed, with meetings everywhere and clients waiting in chairs. At other times, it was deserted. Theo, with Judge close behind, went downstairs where Elsa was hanging up. “I need to see my mother right now,” he demanded.
Elsa could tell he was in no mood for small talk. “She’s with a client. What’s going on?”
Theo gave her the quick version of Woody’s troubles and ended with, “I want my mom to go to Youth Court right now and help Woody.”
“Well, your mother is with a client who’s having a bad day.”
All of her clients had bad days. Almost all were women struggling through divorces. Most of them arrived stressed and left in tears. Theo had learned to avoid the front section of the firm when his mother was with a client. He had actually heard them in her office crying.
“I’m not going to interrupt them,” Elsa said, somewhat sternly. She was the sweetest person Theo knew, but he also knew that when she dug in, she was not going to budge.
“Then I’m going in there.”
“No you’re not. I suggest you wait until four o’clock when the meeting is over.”
Theodore Boone - The Accomplice Page 4
