White looked unsure for a moment. He glanced at Kendricks, who shook his head ever so slightly.
“Naw, man,” White said with gusto. “I don't like to brag, but I'm packin'.”
More laughter; this time even the judge smiled.
Jesse took the moment to walk back to his table and take a drink of water. He took his time. White had crossed the line that he wanted him to.
“I can call one of your ex-girlfriends and have her testify about whether you're packing, as you say,” said Jesse.
White looked at Kendricks again. White's defense attorney nodded.
“Go on,” said White. “They'd be lying. They'll say anything because I dropped their asses.”
“Watch your mouth, Mr. White,” said the judge.
Nonchalantly Jesse asked: “So any woman you've had sex with would be biased, that's what you're saying?”
“Yeah, that's right,” said White.
“Okay, so let's get into this 'packin' , business,” said Jesse. As he stopped to take another drink of water, a black woman in a red blouse walked into the courtroom. Michael White registered shock at seeing the woman. Jesse saw this and smiled. He walked back to the witness stand.
“So, Mr. White, you're packin'?” asked Jesse.
“Your Honor,” said Kendricks, “can we get on with something relevant?”
“This is relevant,” said Jesse. “This man claims a large physical endowment; said endowment allegedly was used to rape the victim. Our medical report shows trauma, but nothing consistent with a giant penis.”
The gallery laughed again.
“Overruled,” said the judge. “But get on with it, Mr. King.”
“Thank you, Your Honor,” said Jesse. He turned back to White. “Mr. White, isn't it true you have a very small penis?”
“Objection!” yelled Kendricks.
“Overruled, Mr. Kendricks,” said the judge. “Your client made this an issue. “
Michael White was silent. He couldn't take his eyes off the woman with the red blouse.
“Well, Mr. White?” asked Jesse. “Naw, it ain't little,” said White.
“You're a big man, Mike. Six foot six, two fifty something. Big muscles, but you have a small dick, true?”
“Hell, no!” yelled White.
“Isn't that why you got mad at the victim?” asked Jesse. “It was your first date, she'd been drinking. She saw it and made a joke.”
“No, I didn't do it,” said White.
“Your Honor,” said Kendricks, “who's to say what small is? This is all too vague to be relevant.”
“He has a point, Mr. King,” said the judge.
Jesse went to his desk and grabbed a book. “Your Honor, this is Gray's Anatomy, the bible on the subject of the human body.” Jesse opened the book to a page. “Your Honor can take judicial notice of Gray's relevance and credibility in the medical community. The book says the average male penis is about six inches when erect. So let's say three or four inches would be considered small.”
“Three or four?” said the judge, a little shocked at the number. “Is that okay with you, Mr. Kendricks?”
“Your Honor--” said Kendricks.
“I think it's a good number myself.” The judge tried not to smile. “Well, I'm convinced that in this instance size does matter. Judicial notice taken, objection overruled. “
“Okay, Your Honor,” said Kendricks. “But I take exception.”
“Noted for the record, Mr. Kendricks,” said the judge.
Jesse returned to White, who was still transfixed by the lady in red seated in the gallery.
“You whipped it out,” said Jesse; “she saw how small it was and said something that made you mad, didn't she?”
“No. You don't know what you talkin' 'bout, all right!” said White.
Jesse moved right in front of the defendant, looking him in the eyes. “She said, 'Where's the rest of it?,' didn't she?”
“No!” White said. He looked around Jesse at the woman in red.
“Perjury is a serious crime,” said Jesse. “If we find out you lied, you could get even more time than you're going to.”
“What's she doin' here?” Michael White pointed at the woman in the red blouse. “She gonna testify or somethin'?”
“Sidebar, Your Honor,” said Kendricks.
“Yes, I think so,” said Judge Radford.
Jesse and Kendricks walked up to the judge's bench. She turned off her microphone.
“Your Honor,” said Kendricks, “my client has obviously been upset by the woman in the red blouse back there. I'd like to ask counsel who she is and if she intends to testify.”
“Mr. King?”
“Never seen her before, Your Honor.”
“Bullsh-- excuse me, Your Honor,” said Kendricks.
“Mr. King, do you intend to call that woman as a witness?” asked the judge.
“Your Honor,” said Jesse, “I've never met that woman, and I swear that I am not going to call her as a witness in this case. The state's case is ending right after this cross-examination.”
“Happy, Mr. Kendricks?” asked the judge.
“No,” said Kendricks. “I want an adjournment until I can find out who she is.”
Jesse expected this and knew he had to stop any adjournment. For the first time he grew upset.
“This is silly, Your Honor! Whoever this woman is, I'm not calling her to testify, so it's irrelevant. Why not run a check on everyone in the gallery while we're at it? I object.”
“So do I,” said Judge Radford.
“But, Your Honor, my client--” said Kendricks.
“Your client is in the busiest criminal court in America. And in case you didn't know, Recorder's Court is also the most efficient. And there's a reason for that. We don't adjourn trials on the day scheduled for conclusion because some woman walked into the room.”
“Exception,” said Kendricks.
“I'll add it to the rest of them,” said the judge. “Now get back.”
Jesse and Kendricks both thanked the judge, a requirement even if she reamed you.
Jesse returned to White, who was starting to look irritated. He moved closer to the big man.
“Mr. White, when the victim made fun of your penis, you got mad, didn't you?”
“I told you. No,” said White.
“She made a joke and laughed and couldn't stop laughing. She kept asking, 'Where's the rest of it? So you hit her and kept hitting her.”
“No.”
“And you decided to teach her a lesson, so you raped her. That would teach her never to say it was small, right?”
“No!” White started to rise from his seat, then sat back down.
“Then you bragged to your friends, didn't you? You said, quote, I jacked her pussy. Like carjacking. Jackin' the box. That's what the fellas call it on the street, right?”
“I'm not answerin' any more damn questions,” said White.
“Oh, yes, you are, Mr. White,” said Judge Radford. “Or you will be put in jail. And if you swear in my court again, I'll throw you in myself.”
Jesse glanced at opposing counsel. Kendricks looked angry and frustrated. Jesse then turned to the jury. They were staring at Michael White. One woman was very slowly shaking her head. It was almost over.
Jesse resumed: “Mr. White, don't waste our time here. You're already in a lot of trouble. Don't make me prove you a liar in front of all these good people. Now, for the last time. Do you have a small penis, three or four inches when erect?”
Michael White was silent. He looked at the woman in red, then back at Jesse. Hatred and violence were in his eyes.
“I don't know how big it is,” he said.
“You just said you were packing, but now you aren't sure?” Jesse asked, looking at the jury. “Are you sure you didn't date-rape Ms. Reese?”
White hesitated, then: “She wanted it.”
“Yeah,” said Jesse. “All three inches.”
“I'll kick you
r ass, you muthafucka,” said White.
Kendricks jumped up, but it was too late.
“Mr. White, you're in contempt!” said Judge Radford.
“Your Honor,” said Kendricks, “counsel's question was improper. So, under the circumstances--”
“Too late, Mr. Kendricks,” said Judge Radford. “He was warned about his language. However, the jury will disregard Mr. King's last statement. Mr. King, you're on the line here too.”
“Sorry, Your Honor,” said Jesse. “I have no further questions for Mr. White. The state rests.”
Jesse went back to his table. Kendricks tried to redirect examination, going through White's story, but the damage was done. White was nervous and appeared to be lying about everything he said.
White got down from the witness stand and returned to his seat next to Kendricks. He stared at the woman in red all the way to his chair.
“Closings,” said Judge Radford. “Mr. Kendricks?”
Kendricks got up and tried to save his case. He reminded the jury that Gilda Reese was the only witness and she admitted being drunk on the night of the incident. He told the jury that the victim was promiscuous. And lastly Kendricks alluded, ever so carefully, to the fact that White had not hidden behind the Fifth Amendment.
Jesse waited patiently as Kendricks finished. Defense lawyers always hit the same points, trying to convince someone on the jury to go against the evidence. All they needed was one person to hang a jury. Kendricks finished, and Jesse got up. He started speaking, as he always did in closing, from behind his table.
“Ladies and gentlemen, you might not believe this, but my job is not to convict the defendant in this case. I represent the people of this state. And the defendant is one of those people. He is innocent until proven guilty. My job is to find the truth, whatever it is and no matter how terrible it might be.”
Jesse moved slowly toward the jury. He kept his eyes on the elderly black woman who had shaken her head at White's outburst.
“We've had some laughs here about the size of men's sex organs. But it was nervous laughter, wasn't it? And we are all nervous because we know in this day and age that violence is closer to us than it has ever been. It's one door, one car, one angry word away from us. Close. Too close. The victim, Gilda Reese, got too close to Michael White. She got drunk, said one word too many, and violence claimed her. You've seen the defendant and heard what he has had to say. Is he telling the truth that I am trying to find? No. None of us here believe that. He's a liar, a rapist, and he wants us to ignore all that because he had the arrogance to face you. His attorney's truth is only an echo of Mr. White's lies. We've all seen my truth here today. It was in Gilda Reese's tragic story and in the callous and evil attitude of the defendant. Michael White beat and raped a woman whose only transgression was having a few too many drinks. So, now that we've found my truth, help me do justice with it. Send Michael White to prison.”
Jesse sat down. The judge charged the jury and sent them to deliberate. They were back in a half hour with a guilty verdict.
“Sentencing in two weeks,” said Judge Radford. “Bailiff, take Mr. White to our lovely accommodations. Court's adjourned.”
Michael White was taken away in handcuffs. He stared at the woman in the red blouse as they dragged him out of the courtroom. The woman in red smiled at Jesse and walked out without a word.
Jesse was congratulated by the victim and her family. The women kissed him, and the men clapped him on the back. Jesse smiled broadly. This was his favorite part. The long hours, low pay, and an unappreciative public disappeared in these moments. The victim and her family lingered for a while, then left. Jesse packed his things.
“Okay, Jesse,” said Kendricks. “My client says that woman was a paramedic. “
“Who?” asked Jesse.
“Don't fuck with me,” said Kendricks.
“Oh, that woman,” said Jesse. “Yes, she is. She treated Mr.
White when he got hurt in a basketball game not long ago. She did a thorough examination, if you know what I mean.”
“You bastard,” said Kendricks. “You said you'd never seen her before.”
“I hadn't. We only talked on the phone. She said she might come but wasn't sure. She also said she couldn't remember your client at all. So I never intended to call her.”
“God's gonna get you, Jesse.” Kendricks laughed a little.
“Hey, he can take a number.”
Kendricks shook Jesse's hand and left. It was a tough loss, but defense attorneys never took these things personally. Behind all the confrontation they were all in the brotherhood of lawyers.
Jesse finished packing his briefcase and left the courtroom.
In the hallway attorneys, court watchers, and courthouse staff workers were leaving. The people all filled the elevator cars going down. Jesse walked over to a bank of elevators and pushed the up button. The hallway became mostly empty as Jesse waited for a car to come up.
“You ain't shit, you know that?”
Jesse turned and saw Michael White's brother, standing behind him. Ricky White was about twenty years old and big. He was six-two and at least two hundred pounds. He had a bald head with a nasty-looking scar running across his scalp. The whole family was scary, Jesse thought.
Ricky stared at Jesse as he moved closer. Ricky had sat through the whole trial and even testified as a character witness for his brother.
“I'm perfectly glad not to be shit, Mr. White,” said Jesse.
“You know what I mean,” said Ricky. His voice was tinged with anger. “You make money putting brothers in jail.”
Jesse quickly checked the hallway. There was only a thin black woman in a yellow dress talking to another older woman in the hall. No bailiffs.
“I don't have time for this,” said Jesse. He impatiently pushed the button again.
“My brother ain't no rapist,” said Ricky. “He ain't perfect, but he didn't do it.”
“Your brother beat and raped a woman because he's sensitive about his little dick,” said Jesse. “He's a long way from perfect.”
“You niggas all the same,” said Ricky. “The white man wave some money and you sit up and beg. What they pay you a week? Or do you get paid for each brother you take down?”
Now Jesse was angry. He took a step closer to the bigger man.
“I'm black, your brother's lawyer was black, the judge was black, and nine members of the jury were black. Where did the white man come in today?”
“Fuck you. You muthafuckas always twistin' everything,” said Ricky. “You know what I'm talking about. You just another Uncle Tom like that nigga out in L.A. who tried to put O.J. in jail.”
“O.J. was guilty,” Jesse said flatly.
“Just like I thought,” said Ricky. “Fuckin' sellout.”
That was enough. Jesse put his heavy briefcase down. Ricky White was angry, big, and looked dangerous. Thank God the court screened for weapons, Jesse thought. After years of dealing with lowlifes, he was unafraid of men like this.
“You know,” said Jesse, “before there were blacks in the prosecutor's office, almost every brother who walked into a courtroom in Detroit was convicted. Guilty or not. You should be happy we're here, because we can make sure none of that injustice happens again. Black people run this court and this city. There is no racism here. Your brother was guilty, and I did my job putting his ass in jail. And you know what? If you ever screw up, I'll put yours away too.”
“I don't care what you say,” said Ricky. “The white man is still holding your nuts. That's the truth about this world.”
“No. That's your world,” said Jesse. “My world is not black and white. It's guilty and innocent.”
“You full of shit,” said Ricky. “You ain't nothing but--”
The elevator door opened. Jesse grabbed his briefcase and turned to walk away.
Ricky White's arm shot out and grabbed Jesse by the shoulder.
“Don't be turnin' yo' back on me--” said Ricky.
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In one fluid move Jesse grabbed Ricky's thick arm and twisted it. Ricky doubled over, bending forward. He tried to jerk away, but Jesse kept the pressure on him.
A woman screamed.
Jesse stuck out a foot, pushed Ricky forward, and tripped him. The big man fell flat on his face.
“I'm gonna kill you!” Ricky screamed on the floor.
“You'll be doing it with a broken arm,” Jesse said. He twisted Ricky's arm again.
From behind him Jesse heard, “I got him, Mr. King.”
Jesse looked over his shoulder and saw a court bailiff and the woman in the yellow dress. Jesse let Ricky go. The bailiff grabbed the fallen man, pulled him to his feet, and started to take him away.
“Let him go,” said Jesse.
“Excuse me,” said the bailiff, “didn't he attack you?”
“Just a misunderstanding, right?” Jesse posed the question to Ricky. Jesse looked at the angry man. If Ricky was as dumb as his brother, he would say no and be put in the lockup.
“Yeah,” said Ricky weakly.
The bailiff let Ricky go. “I'll escort you outside, sir,” he said sternly.
Another elevator came, and Jesse got on. He watched the doors close on Ricky's angry face.
As Jesse put his briefcase down, he felt the fabric of his jacket move. He took it off and checked it. The sleeve was ripped a little at the shoulder from the scuffle.
“Damn,” he said. “I should have had his ass locked up.”
The car stopped. Jesse put his jacket back on and walked out of the elevator and into the Wayne County Prosecutor's Office on the eleventh floor.
The office was quiet. It was not the frenzy it usually was. There were no people running around, carrying the mountains of paper that were the blood of the office. The phones rang, but no one rushed to pick up. People just stood around, talking.
A secretary ran up to Jesse. He thought for a moment that she had business on her mind, but as she came closer, he saw she was teary-eyed.
“Jesse, someone killed the mayor,” she said.
3
The Nasty Girls
The roller quickly transferred the drugs to the man, who shoved some cash at him. The roller counted it and waved the young man off. The man quickly sped off in his car on the dark street, burning rubber as he did.
Double Dead Page 2
