A Time to Stand

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A Time to Stand Page 32

by Robert Whitlow


  “Yes, next to the jury room,” the bailiff replied, pointing to a door immediately beside him.

  Adisa left the courtroom. When she returned, Grayson and Luke were sitting at the table reserved for defense lawyers and their clients. Behind them, Sharon Rogers and Jamie Standard were talking to Reggie. Rogers saw her and moved a step closer to Reggie. The move made Adisa’s skin crawl. She rubbed her hands down her arms and walked over to the defense table. Baldwin and his assistant resumed their places at the prosecution table.

  “When should I serve DA Baldwin with a copy of the motion?” Adisa asked Grayson when she sat down and placed the folder containing the motion and proposed order in front of her.

  The older lawyer checked his watch. “The judge will be back in a couple of minutes. Slip it to him then. I don’t want to answer any questions about it outside the presence of the judge.”

  Adisa tapped the folder with her index finger. Her desire to turn around and find out if the reporters were still talking to Reggie was like a bad itch she couldn’t scratch. She tried to focus on the molding that ran around the top and base of the judicial bench. The door behind the bench opened, and everyone stood. Adisa took the motion from the folder and placed it on the prosecution table in front of Jasper Baldwin. He glanced down at it without looking in her direction.

  “Your Honor, State v. Nelson is the only case remaining on the calendar,” the DA said.

  Grayson, Adisa, and Luke moved to the open area in front of the bench. Baldwin stayed at his spot behind the prosecution table. The judge read the indictment into the record. The phrases “aggravated assault,” “threat of serious bodily harm,” and “contrary to the laws of the State of Georgia” sounded particularly ominous coming from a judge’s lips.

  “How does the defendant plea?” Judge Andrews asked.

  “Not guilty!” Luke said in a loud, clear voice.

  The judge handed the indictment to Grayson, who turned it over and wrote “Not guilty” on the back. Luke signed his name beneath the words.

  “Unless there is objection by the State, defendant’s bond will remain in effect,” the judge said.

  “No objection,” Baldwin replied. “We’re in the process of turning over discoverable materials to defense counsel. We’ve not received any information from them regarding expert witnesses.”

  “Ms. Johnson will speak to that, Your Honor,” Grayson replied.

  Adisa cleared her throat. She knew the eyes of everyone in the courtroom were fixed on her back. She quickly summarized her efforts. The judge nodded.

  “Very well,” he replied when she finished.

  “There’s one other matter,” Grayson said. “We filed and served a motion this morning requesting the opportunity to examine certain items we believe were on Mr. Hamlin’s person the night of the shooting.”

  “What sort of items?” the judge asked.

  “A bag of beef jerky,” Grayson replied.

  “I received a copy of the motion a couple of minutes ago,” Baldwin said. “Absent a showing of justifiable cause, the State opposes the motion.”

  The judge raised his eyebrows. “Mr. Grayson, your response?”

  Grayson looked at Adisa, who knew she couldn’t reveal what Detective Mitchell had said to her.

  “To determine if the bag contained any illegal substances, contraband, or stolen property,” she said.

  There was an audible gasp from the people assembled in the courtroom. Adisa cringed.

  “What is the basis for this allegation?” Baldwin shot back sharply.

  Adisa licked her lips. “That will be determined by the results of what the bag contains. We recognize appropriate safeguards will need to be in place to guarantee chain of custody of the material and prevent contamination.”

  “Judge, this is nothing more than a fishing expedition!” Baldwin retorted. “Defense counsel have no idea what they’re looking for.”

  Adisa started to respond, but the judge cut her off.

  “The defendant faces a serious felony charge,” he said. “And the Court is inclined to allow his attorneys leeway to explore all reasonable avenues for his defense.”

  “The operative word is ‘reasonable,’” Baldwin quickly interjected, holding up the motion. “And that’s missing from this document. It contains nothing substantive.”

  “Your argument is noted,” the judge replied. “But I’m going to grant the request. Anything else?”

  “We’ve prepared an order for your review and signature,” Adisa said, handing it up to the judge.

  “Is your expert identified in the order?” Baldwin asked.

  “No,” Adisa replied. “That doesn’t go to the legal basis for allowing—”

  “But it goes to the type of order I’m willing to sign,” the judge interrupted, handing the sheet of paper to her. “Come back when you can be specific.”

  “And may the State respond and object to the designation of the expert?” Baldwin asked.

  “Yes,” the judge said.

  “That’s all from the defense,” Grayson said.

  “There’s one other thing,” the judge said, looking past the lawyers at the crowd assembled in the courtroom. “The attorneys are aware that I’m not going to allow video cameras in the courtroom. That includes cell phone videos or still photos of the parties or any aspect of the proceeding. If you choose to attend further court sessions in this case, leave all cell phones at home or in your car. Violation of this instruction will subject the individual to contempt of court. You have a right to observe. You don’t have a right to disrupt. To avoid the necessity of contacting the courthouse about further proceedings in this case, I’ve instructed the clerk of court to post on our website the date and time State v. Nelson will appear on the Court’s calendar.”

  The judge rose and left the bench. Luke immediately turned to Grayson and Adisa.

  “What’s going on with the beef jerky?” he demanded.

  “We’ll talk about it at the office,” Grayson replied, putting his finger to his lips.

  “I should have been told!” Luke replied, his eyes flashing. “I have a right to know what you’re doing in my case!”

  Hearing the exchange, Baldwin looked at them. “I should have called your client as a witness to explain the reason for the motion,” the DA said to Grayson and Adisa.

  “The judge wouldn’t have allowed it,” Adisa replied, moving into position so that she blocked the DA’s eye contact with Luke.

  “Let’s go,” Grayson said to Adisa.

  The three of them headed to the railing opening. Waiting for them on the other side were the two reporters and the people who’d come to observe the proceedings.

  “How do you know there was a package of beef jerky in the victim’s pocket on the night of the shooting?” Rogers asked.

  Grayson didn’t respond.

  “Please, no questions,” Adisa said to Rogers.

  The reporter ignored her and pushed closer to Luke. Grayson led the way up the aisle. The reporters kept pace.

  “Isn’t it enough that you shot Deshaun?” a male voice called out. “Now you’re trying to drag him through the mud!”

  “That’s crooked lawyering!” a female voice chimed in. “You’ll burn for it, and Nelson is going to prison.”

  “Officer Nelson, what did you say to your lawyers at the end of the hearing?” Rogers asked. “Did you know in advance about the motion?”

  “No,” Luke replied. “I have no idea what they’re doing.”

  Grayson stopped and spun around. “No comment. No more questions.”

  “It looks like your client is interested in clearing his name even if you’re not,” Rogers shot back. “Why did you keep him in the dark about your trial strategy? Is that your usual practice?”

  “No comment,” Adisa repeated.

  “Was Officer Nelson at home when the gunshots were fired at his residence on Saturday morning?” Rogers continued. “What does he know about the bloody uniform foun
d in his front yard?”

  Grayson continued walking. The two deputies at the rear of the courtroom stepped forward to escort them out. Adisa felt a hand on her left arm. She couldn’t believe the reporter would try to physically stop her and jerked away. Glancing over her shoulder, she realized it wasn’t Sharon Rogers who’d touched her but Thelma Armistead. Adisa stopped. Luke and Grayson continued with the deputies. Sister Armistead, her eyes moist, resumed her hold on Adisa’s arm.

  “Deshaun is a good boy,” the older woman said, her voice intense. “He’s never given me any trouble.”

  While Sister Armistead spoke, a crowd surrounded them. Adisa wanted to pull away, but the older woman showed no interest in voluntarily releasing her.

  “I understand,” Adisa said. “We don’t know anything yet.”

  “Your aunt raised you right,” Sister Armistead continued. “If nothing else, be true to that.”

  “Yes, ma’am.”

  Sister Armistead released her grip on Adisa’s arm. Reggie elbowed his way up to them.

  “Hey, I have a question for her, too!” a man called out.

  “Please, move out of the way,” Reggie said, stepping in front of Adisa.

  “She has a lot of explaining to do!” a woman added.

  Reggie glanced at Adisa, who followed him through the swirl of bodies. Twenty feet farther up the aisle the crowd thinned and they made it to the courtroom door. Immediately on the other side was Sharon Rogers, who’d gone ahead of them.

  “You can’t suppress the truth,” the reporter said to Adisa.

  “And it’s your job to accurately report it,” Adisa replied.

  Reggie stepped in between them. He took Adisa’s arm and they walked down the hallway to where other people, who hadn’t entered the courtroom, had gathered.

  “Jail time! Jail time!” several voices chanted.

  “Nelson and Mr. Grayson must be downstairs,” Reggie said.

  Adisa and Reggie reached the top of the stairs. A photographer on the steps snapped their picture. Adisa involuntarily raised her hand to shield her face.

  “Don’t do that!” Reggie said. “You’re not ashamed of what you’re doing.”

  Adisa moved closer to Reggie as they descended the stairs. Luke and Grayson had apparently left the courthouse because the crowd was beginning to disperse. Adisa and Reggie stepped outside into what remained of a sunny morning. They stayed close together until they reached the sidewalk.

  “Whew,” Adisa said, finally releasing her hold on Reggie’s arm. “Thanks. That was scary.”

  “Not nearly as bad as what young black men feel when being hassled by the police,” Reggie replied.

  “I know,” Adisa sighed. “I understand why people are furious with Luke and upset with me.”

  “And that talk about Deshaun and the beef jerky made it ten times worse. The judge couldn’t hear the murmuring going on around me, but people were really getting upset.”

  “Including Thelma Armistead. I can’t blame her, either.”

  “Why was the reporter asking Officer Nelson about gunshots and a bloody uniform?”

  “I’m sorry,” Adisa replied, “but I can’t discuss it. Things are bad all around. The only good news is that Deshaun is better.”

  “I’m heading over to the hospital to check on him as soon as I finish here.”

  They walked a block and stopped for a traffic light to change to green so Adisa could cross the street.

  “I’m okay now,” she said to Reggie. “Go to the hospital. You don’t have to walk me back to the office.”

  “But I want to.”

  Adisa didn’t argue. She wanted to face Reggie, look directly in his eyes, and thank him for caring about her. The light changed, and he stepped off the curb.

  “When will you be able to talk about what’s going on?” he asked.

  “As long as the charges are unresolved, I have to be careful not to comment about information, even if it becomes public.”

  “Was that the reporter who wrote the article about you in the AJC?” Reggie asked. “I saw the press badge around her neck.”

  “Yes. How did I treat her?”

  “Given the chaos, you did fine.”

  “Good. I lost my temper the other day when she came by Aunt Josie’s house, and I didn’t want a repeat performance.”

  They reached the law office and stopped in front of the building.

  “Thanks again for rescuing me,” Adisa said. “I’m sorry for the backlash you’re going to get.”

  “Oh, I can spiritualize it,” Reggie said with a smile. “Jesus commands us to love sinners.”

  “That certainly applies to me,” Adisa said with a slight shake of her head.

  Adisa reached out and squeezed Reggie’s hand before turning toward the law office.

  “Send Adisa to the conference room as soon as she returns from the courthouse,” Grayson said to the receptionist when he and Luke entered.

  “Why do we have to wait for her?” Luke asked the back of Grayson’s head as they walked down the hallway. “What does she know that you don’t?”

  “In here, please,” Grayson replied, holding the door for Luke.

  Instead of following Luke into the room, the lawyer closed the door. Luke spun around when he realized he was alone. He was standing in the far corner of the room beneath the portrait of Augustus Frampton when Grayson returned five minutes later with Adisa behind him. The lawyers sat at one end of the table. Luke remained on his feet.

  “The woman asking the questions at the courthouse was right,” Luke began. “I don’t like being kept in the dark.”

  “And you deserve to know,” Adisa began. “An anonymous but reputable source suggested there was something questionable about the beef jerky in Deshaun’s pocket on the night of the shooting. Mr. Grayson and I thought we should check out the tip. Since we doubted the DA would voluntarily let us run any tests, we decided at the last minute to file a motion to compel the prosecution to cooperate. We won the motion, or at least got our foot in the door, so long as our expert is accepted by the judge.”

  “So you really don’t know anything?” Luke sat down at the opposite end of the table from the lawyers.

  “No, but the law is on our side,” Grayson said. “If the bag contained something stolen from the convenience store or illegal drugs or something else that incriminates Deshaun, we have a right to know about it.”

  “I don’t remember anything odd about it,” Luke said and then paused for a moment. “It was Mitch Maxwell who talked to you, wasn’t it? That’s why he asked you to stay behind outside my house on Saturday.”

  “We’d rather not confirm or deny anything, even though you’re our client,” Grayson answered. “We want to honor our commitment of anonymity to our source in case he or she has something valuable to pass along later.”

  Luke nodded. “I get it now. But when it came up in the courtroom, my mind went crazy thinking there was a bunch of stuff you weren’t telling me. It didn’t help having that lynch mob breathing down my neck. The judge should have stuck around after he left the bench. And who was that lady who knew what happened at my house over the weekend? I didn’t mention it to anyone.”

  “The reporter from the Atlanta Journal-Constitution I mentioned earlier,” Adisa answered. “She came by my aunt’s house one morning and tried to interview me, but I refused to talk to her.”

  “Okay,” Luke relented. “But promise you won’t hold out on me in the future.”

  Adisa and Grayson glanced at each other. “Agreed,” Grayson replied.

  After Luke left, Adisa turned to Grayson.

  “Why do you think he overreacted to the motion about the beef jerky?” she asked.

  “He’s grasping at every straw trying to control his future when the reality is that it’s out of his hands already.”

  Adisa thought about her own experiences at the courthouse. “I realized this morning how little control I have, too.”

  “There�
�s one thing you can control—moving forward with identification of our experts,” Grayson offered.

  “Don’t you want to wait for Luke to talk to his mother-in-law?”

  “Based on what Jane said the other day, I believe she’ll help out. We’re in deep, and I’m not going to do anything halfway, regardless of Luke’s monetary contribution.”

  “Okay,” Adisa replied, her eyes wide at the implication behind Grayson’s words. “You’re the boss.”

  Adisa returned to her office. Within an hour she sent an internal e-mail to Grayson letting him know she’d located a chemist from Atlanta who was willing to evaluate the beef jerky. Dr. Samuel Massey had worked for the Georgia Bureau of Investigation for eight years followed by six years in private practice. A couple of minutes after she sent the e-mail, Grayson appeared in her doorway.

  “Does he know that we don’t know exactly what we’re looking for?” he asked.

  “Yes, and he seemed intrigued by the challenge.”

  “Then notify Baldwin and the judge. I’m sure there won’t be a problem getting someone with Massey’s qualifications approved. If what made the beef jerky ‘bad’ is something other than a chemical substance, I just hope it can be discovered easily.”

  Adisa worked through lunch. Toward the end of the day, Grayson returned to her office.

  “You’re a machine,” the older lawyer said.

  “Sometimes I’d rather work than eat,” Adisa said, stretching her arms out in front of her. “I’m much closer to spending more money in Luke’s case. Have you heard from him?”

  “Yes, we just got off the phone. He spoke to his mother-in-law.”

  “And?” Adisa asked.

  “She’s cashing in part of her retirement to come up with the money and says she’ll borrow more if needed. My guess is she’s desperate to avoid her granddaughter growing up with a daddy who’s in prison.”

  “I’m sure you’re right.”

  “That’s not all.” Grayson pulled a folded-up newspaper out from behind his back. “The afternoon paper arrived a few minutes ago. We made the front page and the third page.”

  The older lawyer handed the paper to Adisa. There were two photos from the morning session at the courthouse. The first was of Luke and Grayson exiting the courtroom surrounded by people. The other picture captured Adisa and Reggie descending the stairs at the exact moment she tried to cover her face with her right hand.

 

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