Justice in June

by Barbara Levenson

  Francisco Alito was on his feet objecting. “Judge Hammel, this is a high-security matter. It shouldn’t be discussed in open court. May we come sidebar?”

  “Not right now, counsel. I want to hear the rest of Ms. Katz’s argument. Please, don’t interrupt.” Judge Hammel turned back to me. I had piqued his curiosity.

  “Thank you, Your Honor. Luis’s parents, Consul General Philippe Marquez of the Argentine consulate in Miami, and I have all been trying to locate Luis for the past weeks. I saw him for only minutes at the Dade County Jail before he was spirited away by the Secret Service or Homeland Security. I now have reason to believe that he is being held in isolation at the Federal Detention Center in South Dade. I also believe that he is about to be transferred to the Middle East or to Guantanamo for interrogation while still not being charged with any crime. I am asking the court to issue a temporary restraining order to stop this transfer so that I may interview him and argue my habeas corpus petition.”

  I turned to return to my seat when I saw Mr. Marquez. He was seated in the front row. Just behind him were Luis’s parents. I returned to the lectern.

  “Judge, I would like to point out that Mr. and Mrs. Corona and Consul Marquez are in the courtroom.”

  “All right, Ms. Katz. Thank you. Now Mr. Alito, what does the government have to say about this?”

  “Well, Judge, as I said, this is a high-security matter,” Alito said. “I must ask again for a sidebar.”

  Judge Hammel motioned us forward. “Mr. Alito, what is this about?”

  “Judge, I’m in a peculiar position. Our local office is not privy to matters where there may be terrorist activity. Only Washington can make these decisions. I was told by my boss to appear here. He was directed by Homeland Security to have this hearing covered and to ask the court not to interfere in this matter.”

  “Interfere?” Judge Hammel’s voice shook with anger. “Sir, I am not interfering. I am doing my job. If the day has come when the judicial branch has been supplanted by an agency of the White House, then we all better realize that our constitution is meaningless. But I don’t believe that day has come, so listen carefully. I am not letting Mr. Corona walk out of jail. I am just placing a judicial hold on his being moved from this county. This order will be in place until we have a full hearing on Ms. Katz’s petition. If Washington thought this man was such a threat, why didn’t they ask for a continuance of this emergency motion? It’s obvious they knew of the hearing since they asked your office to cover it. Now everyone step back.”

  We returned to our places at the lectern. Judge Hammel poured a glass of water from the carafe on the bench. I could see that he was perspiring. I wondered if his health was questionable. It was rumored that he had suffered a slight stroke a year ago. What if he wasn’t around to hear my petition?

  “Your Honor, will you be setting a date for the next hearing? May I request a date as soon as possible? My client is in isolation and has been under interrogation for many days,” I said.

  “Madam Clerk, I believe I was keeping next Wednesday open. Is that correct?”

  The clerk turned to the judge. “Yes, Judge, but that’s the day you have doctors appointments.”

  “Well, cancel those appointments. The hearing on petition for habeas corpus will convene at nine thirty on Wednesday morning. That gives the government plenty of time to book a flight and be prepared for this hearing. My order restraining the government from moving Mr. Corona from Dade County remains in effect until the end of that hearing. Is this clear to both parties? And Mr. Alito, I don’t mean to kill the messenger, but if the government tries to spirit the defendant — well, he’s not a defendant — he hasn’t ever been charged. If you try to spirit Mr. Corona out of this country, I will personally see that appropriate sanctions will be enacted. It won’t be pretty.”

  “Your Honor, I don’t mean to press my luck, but may I also have an order allowing me access to my client immediately? I intend to see him at once for a full interview, which I have been unable to have, and I will need an order to transport him to court for the hearing on Wednesday,” I said.

  “I will make all that a part of my order.” The judge motioned to his law clerk. Please, prepare the order for my signature before Ms. Katz leaves the building.”

  I rushed back to the Coronas and Mr. Marquez. We all shook hands and Maria hugged me.

  CHAPTER FORTY-FIVE

  I left the happy Argentines outside the courthouse after promising that I would see Luis that afternoon. I realized that Liz was coming to the office at noon, so I needed to get back immediately, explain everything about the concocted case that would lead to her bailiff, and still take the long ride to the detention center to see Luis. I promised Carlos that we would spend the weekend together at his house, but with Friday evening traffic, I’d be lucky to make it back there for a late dinner. Catherine was right. I sure couldn’t take any new cases unless I was prepared to give up eating, sleeping, and sex.

  I pulled into the office parking lot at eleven thirty and saw that Liz’s car was already there. I came through the back door and buzzed Catherine to come into my office.

  “All good news about Luis,” I said as I showed her the order.

  “That’s great, Mary. Guess who called while you were in court? Well, you’ll never guess. Ambassador Miller, himself, not his assistant. He apologized for being so busy, and then he said that he was unable to find out anything about Luis’s whereabouts.”

  “You didn’t tell him anything, did you?” I asked.

  “No, of course not. I just thanked him and said you’d return his call when you had time.”

  “It’s clear that he’s in the pocket of the administration. He must like his job a lot. I guess fear of losing it is more important than standing up for the constitution. I just wish he wasn’t so buddy-buddy with Carlos’s dad. How long has Liz been here? She’s way early for our appointment.”

  “She got here about ten minutes ago. I explained that you were in court, but would be here by noon.”

  “How’s she holding up?”

  “That’s the strange thing. She’s sitting out there smiling like the Mona Lisa. She was even humming to herself a while ago. Maybe she’s cracking up. Should I bring her in?”

  “Yeah, let’s get this over with, so I can get out of here and go see Luis. Let the interpreter know to meet me here at one. I anticipate a fight with the prison, even with Judge Hammel’s order allowing me access.”

  Liz came bouncing into the office. She looked incredible. Color had returned to her face. She was dressed impeccably in a bright red suit. She looked ten years younger.

  She took the chair across from me, smoothed down her skirt and leaned forward.

  “Mary, I have something wonderful to tell you.”

  CHAPTER FORTY-SIX

  Liz’s Story Revisited

  Liz had an uneasy feeling when Catherine called her to set another appointment with Mary for the next day at noon.

  “What’s this about?” she asked Catherine.

  “I really don’t know. Just that Mary’s been working on your case and needs you to be here tomorrow.” Catherine was elusive and evasive.

  The courthouses were gossiping about the murder of Jack Carillo. Everyone seemed to know that his case had been in her criminal division. Liz dodged the questions from curious colleagues about her knowledge of Jack and possible suspects.

  She jumped when her cell phone rang. Her heart did a flip when she heard Joe’s voice. The craving to be with him grew as he spoke.

  “Hey, honey, what are you doing in family court? When were you going to let me know that you moved? I came by your chambers early this morning and found grumpy old Judge Parsons. I felt pretty foolish,” Joe said.

  “Oh, Joe, everything is falling apart. I can’t even discuss this with you.”

  “So it’s not my imagination. You’ve been avoiding me. Have I done something wrong?”

  “It’s not about you at all. It’s my
own problem,” Liz said. She felt tears welling up again. Her life seemed like one long crying jag.

  “Liz, you have to tell me what’s wrong. I have to see you. Lunch today. I’m not taking no for an answer. Meet me at your apartment. I’ll bring lunch. We need to talk.”

  He clicked off.

  The UDC calendar (uncontested divorce calendar) dragged on through the morning. Uncontested divorces often turned out to have unforeseen problems. They were supposed to be routine and quick: make sure the opposing spouse had been properly served, establish the residency of over six months through a witness furnished by the petitioner, take some simple testimony, and sign the order. This morning’s calendar was extensive. Most of the litigants were unrepresented by counsel. More than usual needed the services of an interpreter. One woman had to redo her paperwork because she had forgotten that this was her fourth divorce, not her third. One woman was clearly pregnant, but had failed to have the father present to either establish or deny paternity.

  Liz looked out at the sea of faces waiting expectantly to untie their marriages. Most were young and all of them looked unhappy. What a view of American so-called family values. She wanted to run out of the courtroom and into her own problems, but she knew better. She continued to grind out one divorce after another, barely hearing her own words spoken by rote as her mind wandered to Joe. Could he be using her in some way to help his clients? Maybe that’s why Mary wanted to meet with her and why Joe was insistent on lunch today.

  •

  By the time Liz drove into the garage of her condo building, it was twelve thirty. She was thirty minutes late. Maybe Joe hadn’t even bothered to wait.

  As she slipped her key into her door, Joe opened it and pulled her inside. He held her close and kissed her. Then he pulled her into the dining room. She buried her head in his shoulder and held onto him as if she were drowning.

  “Look, your lunch is served, Your Sexy Honor,” he said laughing. “I stopped at Scotty’s Market and picked up a feast.”

  Liz looked at her dining room table laden with food and wine. It looked like a celebration or a picture out of Better Homes and Gardens. She turned away from the food. She felt nauseous thinking about how she could tell Joe about the investigation. She had to confront this, even if Mary had warned her not to discuss it with anyone.

  “I need to talk to you, but I don’t know how to begin,” Liz said.

  “What’s wrong, baby? Is Judge Marconi after you? He’s such a putz. Well, I need to talk to you too. That’s why I was looking for you this morning. Shall I go first?” He looked eager and excited.

  “You can go first as long as it isn’t bad news of any kind,” she said.

  “I’m hoping you’ll think it’s good news.” He took her hand. “Janey and I have officially split. She and her mother left for the Dominican this morning, where she is going to obtain our divorce. I’ll be able to ask you to marry me, and if you say yes, we can be married by the end of the month. Oh, please, say yes.”

  Liz looked into Joe’s eyes. He looked like a young boy.

  “Oh my God, you want us to get married?”

  “What? This is a surprise? What do you think we’ve been doing for months? I love you. Liz. Just tell me you feel the same.”

  Liz began to laugh. She had listened to one disgusting divorce after another all morning. Now she was hearing about one that had her heart soaring. “Of course I love you,” she said.

  “Okay, then. Let’s plan a wedding. Oh, I forgot, what did you want to tell me?”

  “Later,” Liz said. She led Joe past the laden table and into her bedroom. Screw the state’s investigation. She was never going to be alone again.

  I couldn’t imagine what Liz was about to tell me. Whatever it was, she was a different person.

  “This is still confidential. Janey and Joe have split and he’s asked me to marry him. I still can’t believe it.”

  I tried to look pleased, but an unpleasant thought was forming in my lawyer’s brain. What if Joe had been using Liz to fix cases and now he was marrying her to keep her from testifying against him. Spousal immunity jumped out at me like a line in a law school exam. But everything that happened in her case had occurred before any marriage occurred so it couldn’t be protected testimony.

  I realized that I hadn’t responded to Liz’s news. She was staring at me while I played legal theory in my head. “This is great news. Congratulations. You are positively glowing. I hate to spoil your mood, but we do need to talk about the investigation.”

  “Yes, of course, I didn’t mean to take up your time. It’s just that I am so happy that I hate to start thinking about the investigation again.”

  “Oh, Liz, you’re not taking up my time. I’m happy that you have good news to share.”

  “Have you uncovered some new evidence? Will it make this thing go away?” Liz looked at me expectantly.

  “Not exactly yet. I’m in the process of smoking out the people responsible for your problem. I have asked Mark Epstein for some help.”

  “Mark Epstein? The clerk of our courts? You mean he knows the state thinks I’m a drug dealer?”

  “Liz, just listen, please. Mark is an old friend. Actually, he’s an old boyfriend. His assistance will prove to be invaluable. He and I have manufactured a drug case, a file that will look like a new case filed by the state. It has references to the murdered informant and Jack Carillo. It looks completely authentic.”

  “Mary, have you taken leave of your senses? Are you trying to get us both disbarred? How can this help? I can’t be a party to this.”

  “Why can’t you listen to me? I thought judges always listened and then made up their minds. I’m putting myself on the line to help you. If you don’t want my help, that’s okay. I’ll give you your file and you can find another lawyer.” I stood up and began shoving papers into the file. “Take this out to Catherine. She’ll make copies for my own file, which, by law, I need to keep.”

  I pushed the file across the desk. Liz looked at the file and then at me.

  “Are you firing me as a client?” Liz asked

  “I guess so. I can’t help a client who refuses to listen.”

  Liz pushed the file back across the desk. “I’m sorry. I will listen to your whole presentation before I say another word.”

  “It’s not a presentation. This isn’t moot court in law school. This is an attempt to save your judgeship and your career. Now here’s what’s going to happen in the next few days, and by the way, Mark Epstein is putting his job on the line, too, all for you.

  “On Monday, the clerk’s messenger will come to your chambers with the file. He will hand it to Gladys and tell her it’s been assigned specially to you because it relates back to the Carillo case. This shouldn’t arouse any suspicion because normally cases are filed before the judge who has other related cases instead of being blind-filed.

  “I feel certain that as soon as Gladys has a chance to show this to her husband, she will use your signature stamp to sign an order of dismissal. The messenger that delivers the file will tell her that only the judge and her staff should be allowed to handle the file, and if it needs to be returned to the clerk for any reason it should be delivered by hand, so no one else has access to it. I expect Gladys to return the file herself with the order of dismissal.”

  “What about Jason, the state attorney? Is he going along with this?” Liz asked.

  “He will when I inform him of what I’ve put into operation.”

  “And when is that going to be?”

  “Sometime on Monday. That’s time enough to alert him so that Gladys can be arrested on the spot.”

  “What makes you so sure that she is the link to this whole mess?”

  “Well, a lot of strange things have been happening to me since I started to work on your case. My brothers purchased a BlackBerry for me, and before I could even give the phone number to anyone, I got a threatening call. I found out that my brother purchased it from Billy Martinez’s
store. Billy waited on him and took down all the information on me, including my office and home address. My home was broken into and a threatening message left on my bathroom mirror. Billy Martinez left a fingerprint in my bathroom. Billy is also under investigation by the Miami P.D. narcotics unit. I learned that in strict confidence. I was attacked in the parking lot of my office a few weeks ago. I haven’t any proof of who did that, but it probably was Billy or one of his guys. Didn’t Gladys know that you were coming to see me?”

  “Yes, I guess she did. She placed a call to you for me. She might have overheard my conversation. I’m so sorry you’ve been going through such scary things all because of me.”

  “I’m reasonably sure that Gladys knows that things are closing in on her and Billy. That’s probably why Jack Carillo was killed. He was about to name names to the state in order to get a deal for himself. If I hadn’t done something quickly, Billy might have split for Colombia, and maybe even taken Gladys with him. Once Gladys sees this fake file with more links to the Carillo case, I think she’ll act quickly to keep anyone else from making a deal with the state, like the fake defendant in the case.”

  “What if this doesn’t work?”

  “Then there’ll be an extra file sitting around in your chambers and Gladys will inform you that you have a new criminal case.”

  “I’m sorry I jumped all over you before. Just one more thing. I’d like to be present when and if Gladys is arrested. I want to confront her myself.”

  “I’ll see what I can do. I need you to report to me if you see the file come in or if Gladys does anything suspicious. Keep your eyes open on Monday. Now you better get out of here and start planning a wedding.”

  CHAPTER FORTY-SEVEN

  I watched Liz drive out of the parking lot. I put my head down on my desk. The next thing I knew Catherine was shaking me.

  “Mary, wake up. Are you okay? The interpreter is here ready to go with you to interview Luis. I brought you a sandwich. You need to take the time to eat something.”