Abuse of Discretion

by Pamela Samuels Young

  “Hears what?”

  I tell him the message I want delivered to Blaze.

  “Is it true?”

  “Yep,” I lie without hesitation. I know the criminal mind. When Blaze hears the same story from three or four sources, he won’t take the time to check for factual validity.

  “And that’s all you want me to do? Just have one of my boys tell him that?”

  “Yep. But it’s gotta be when somebody visits him. Not on the phone.”

  “Man, ain’t nobody going up there. Once you get out, you don’t go back for nothing.”

  “Okay, what about this? I heard he’s still down with LaRhonda Jenkins. She visits him on the regular even though he’ll never see the light of day. You know anybody who can get word to her?”

  He pauses to think. “LaRhonda got a beauty salon on Manchester. My sister goes there. I guess she could tell her.”

  I slap him on the back. “See, I knew you could help a brutha out.”

  “Man, Blaze is crazy. Once he hears that he’s gonna…” Ronny Boy’s words trail off as the realization of my ultimate intent crests like a gentle wave inside his feeble brain.

  This time, Ronny Boy smiles. “Dang, man. You one smart-ass dude.”

  “Yeah, I am, ain’t I? So how about calling your sister right now?”

  CHAPTER 32

  Dre

  My buddy Gus is close to a meltdown.

  “That girl’s parents act like Graylin killed somebody!”

  He’s sitting next to me with his head in his hands. We’re the only ones in the courtroom now besides the clerk and the bailiff. Angela and Jenny took Graylin outside to calm him down.

  “Just keep it together, man. It’s gonna be okay.”

  “Graylin’s a good kid. I don’t understand why they came at him like that.” His right knee is bouncing up and down.

  I nudge his arm. “Let’s step outside and get some air.”

  Without responding, Gus follows me out of the courtroom. We maneuver down a wide hallway packed with kids and parents.

  I’m exiting the courthouse before I realize that Gus isn’t behind me. To get back to him, I have to go through the metal detectors again. Only four people are ahead of me in line, but it takes forever for the sheriff’s deputy to wave me through.

  As I scan the lobby, alarm sets in. Gus is walking toward a corner of the building where the girl’s parents are standing. I make it over there just as Gus reaches them.

  “I’m Graylin’s father,” Gus says, directing his attention to the man. “I wonder if I could speak to you for a minute. My son is a good kid. He—”

  His wife gets in Gus’ face. “Your son is a predator and a pervert who belongs behind bars.”

  Gus recoils like he’s just been slapped. It takes a couple of seconds for him to respond.

  “Ma’am, I know what they charged him with, but he’s innocent. His life shouldn’t be ruined because someone sent him that picture.”

  “You apparently don’t know your child,” the woman spits back at him. “If I have anything to say about it, he’s going away for a long, long time. And when the criminal case is over I’m suing you for emotional distress.”

  I’ve never seen Gus speechless, but I have seen him on the verge of exploding, and he’s almost there. I step in and turn to the father. “I’m Dre, a family friend. We’re sorry about what happened to your daughter. But the police have this all wrong.”

  The man runs a hand down his face. I can tell he don’t wear the pants in his house.

  “To be honest,” he says, “I agree with you. I don’t think this situation warrants the death penalty either and I’m shocked at how it’s being handled.”

  His wife looks as if she’s about to swallow her tongue. “Percy! Have you lost your mind? You’re going to stand right here in front of me and undercut not just me, but your own daughter?”

  Her voice is so loud one of the sheriff’s deputies begins stalking toward us. “Is everything okay over here?”

  “No, it isn’t. This man threatened us. He’s trying to force us to drop the charges against his son.”

  Gus’ eyes widen. “What? I didn’t—”

  “This will have to be reported to the judge.” The deputy takes out a small notepad from his shirt pocket. “Ma’am, what’s your name?”

  “Simone Carlyle.”

  “I’ll also need the name of your judge?”

  “No, you won’t.” The words from the girl’s father surprise everyone. “This man didn’t threaten anybody. My wife’s overreacting. He’s just concerned about his son and wanted us to know that he’s a good kid.”

  The woman’s hands fly to her hips and she sneers at her husband with such disgust that the sheriff’s deputy takes a step back.

  “I understand that you’re trying to protect your kid,” the husband says to Gus, “but you need to make your case to the judge or the prosecutor, not us. This is out of our hands.”

  He takes his wife by the forearm, but she jerks away and struts off down the hallway. After a couple of seconds, he follows.

  Angela and Jenny rush over. “What happened?” Angela asks.

  “I just wanted to talk to them,” Gus says, rubbing his chin. “To tell them Graylin was a good kid. That he didn’t deserve any of this. But that bitch lied and told the sheriff I was threatening them.”

  Jenny presses three fingers to her temples. “You shouldn’t have approached them. If they report this to the judge, the only person who’s going to suffer is Graylin.”

  “But she’s lying. Her husband even backed me up.”

  “Doesn’t matter,” Jenny says. “We don’t need any distractions. So please don’t say another word to them.” She turns to Angela. “Call Graylin’s minister and teacher and find out how fast they can get here. We’re going to need their testimony.”

  Angela pulls out her phone, then freezes as she stares down the hallway. We all follow her gaze.

  Simone Carlyle is standing at the end of the hallway, arms flailing, as she speaks to Deputy D.A. Martinez. Her husband is holding out his hands, palms down as if he’s bouncing two invisible basketballs. We’re too far away to hear what’s being said, but there is no doubt that Mrs. Carlyle is speaking in anger.

  “This isn’t good,” Jenny says glumly. “If they tell the judge you threatened them, there’s a good chance Graylin won’t be going home today.”

  CHAPTER 33

  Angela

  We’re collectively holding our breath as we head back into the courtroom. We expect Martinez to report the hallway confrontation, but the judge beats him to the punch.

  “I understand from one of the deputies that there was some kind of commotion between the parents during the break,” Judge Miller says. “Is there anything we need to discuss?”

  Martinez stands and to my surprise says, “No, Your Honor.”

  There’s a gasp from Mrs. Carlyle, who springs up from her seat, shoots a dirty look at Martinez, then sashays her way out of the courtroom. Her husband shakes his head.

  I’m relieved, but not for long. Martinez calls one of the Eastlake staff to testify. The detention services officer tells the judge that he managed to separate the fighting boys, but Graylin was so enraged that he charged at the other kid a second time, pounding him in the face while he lay on the ground. It took two adults, the man testified, to pull Graylin off of him. The other boy ended up with a broken jaw.

  On cross, Jenny establishes that the kid has bullied other boys at Eastlake and that Graylin didn’t start the fight.

  Martinez has no other witnesses and hands the floor to Jenny, who expertly rolls through a short examination of Graylin’s science teacher, then his minister. They credibly testify that Graylin is a smart, responsible young man who is always respectful. They tell the judge that he’s neve
r been in any trouble and that Gus is a great father who’s always on hand for parent-teacher meetings and who attends church regularly with his son.

  On cross, Martinez makes a half-hearted attempt to elicit negative information from the teacher but fails. He passes on even trying to cross the minister.

  It’s close to noon by the time Gus takes the stand. His hands are trembling and he continuously cracks his knuckles.

  “What do you do for a living, Mr. Alexander?” Jenny begins.

  “I rehab houses?”

  “How long have you done that?”

  “Two years?”

  “And what did you do before that?”

  Gus pauses.

  We thoroughly prepped him for this question. It’s always best to get negative information out on direct—so you can control how it’s presented—rather than allowing your opponent to use it to score points on cross.

  “I was in prison for three years. For possession of cocaine.”

  “Were you dealing cocaine?”

  “No. Just a user. Had a bad habit, but I kicked it. Been clean for five years.”

  “Are you close to your son?”

  “Yes. Very close. His mother,” he pauses again. “His mother’s a crack addict. We don’t know where she is. I’m raising Graylin with my mother’s and sister’s help. He’s a good kid. An A student. Never gives me any trouble. Very mannerable. Always says yes, sir and no, sir. His grandmother, my moms, makes sure of that.”

  Gus is relaxed and almost smiling.

  “If Graylin is released who would supervise him?”

  “I would be there in the mornings and after work. And during the day my mother or my sister Macie would be at the house with him. He’ll be homeschooled for now.”

  “So there would be no time during the day when he would be left unsupervised?”

  “That’s correct.”

  “What about his schoolwork? How would he get that done?”

  “Graylin’s very self-motivated. I’ve never had to push him to do his homework. He likes school.”

  The second Jenny turns Gus over to Martinez, he stiffens like a slab of granite.

  “Mr. Alexander, were you ever in any fights when you were in Corcoran State Prison?”

  Jenny is on her feet before I can even process the question.

  “Objection, Your Honor. That’s irrelevant to this proceeding.”

  “Your Honor, the custodial parent’s propensity for violence is quite relevant to whether his home is a fit place for the defendant.”

  “Mr. Alexander hasn’t been in any trouble since his release three years ago,” Jenny counters.

  Judge Miller seems to wobble. “I’d like to hear it. Go ahead, Mr. Alexander.”

  Anger edges Gus’ face. “I was in one fight.”

  “You broke another inmate’s nose, correct?”

  “I was defending myself from an attack. Prison isn’t a great place. Neither is juvenile hall.”

  I inhale. Gus needs to answer the questions without the added commentary. If Martinez sees that he can get him angry, he’ll keep pushing his buttons until he does. I’ve done that enough times with a witness myself.

  “When you were out doing drugs, who was home with your then nine or ten-year-old son?”

  “My mother or my sister.”

  “Were there times when Graylin was left home alone while you were off someplace smoking crack?”

  “Objection,” Jenny says. “What happened three years ago, isn’t relevant to Graylin’s current home life.”

  “I’ll hear it,” Judge Miller says.

  Gus’ lips press together as if he’s trying to prevent something from escaping. “I was a different person back then. I don’t understand why you’re doing this. Why are you trying to make my son out to be a criminal? He’s just a kid. A damn near perfect kid. He should be at home with me.”

  The judge peers over at Gus. “Just answer the question, Mr. Alexander. And please watch your language.”

  Gus’ knuckles protrude as he grips the arms of the chair. “Yes, ma’am, sorry. Yeah, there were probably a couple of times when he was home alone, but nothing happened. That’s all in the past. I’ve been a model citizen since I got out of prison.”

  “Is it true that your best friend,” Martinez looks down at his notes, “Andre Thomas is a convicted drug dealer?”

  “Yes,” Gus says tightly. “And he’s turned his life around too. He’s the guy I work for.”

  “And Mr. Thomas—a convicted drug dealer—spends time with Graylin too, correct? He’s even here in court today.” Martinez gazes toward Dre at the back of the courtroom. So does the judge.

  Martinez’s questions are pissing me off. So I know Gus is having an even harder time.

  He bites his lower lip. “Yeah. He’s a good dude.”

  “Do you drink alcohol, Mr. Alexander?”

  Gus squints. “I’m a social drinker. Nothing excessive.”

  “What about weed? Do you smoke weed, Mr. Alexander?”

  “Um…” Gus looks at Jenny as if he needs some signal telling him whether he should answer honestly. “Not really.”

  “Not really? Your son told his intake officer that you do indeed smoke weed.”

  Graylin lowers his head and starts wringing his hands.

  “Weed is legal now,” Gus says. “Yeah, I smoke occasionally, but never in front of my son.”

  “Then how would your son know you smoked weed if you didn’t do it in front of him.”

  “I don’t know. Maybe he smelled it on me.”

  Martinez seems to be waiting for an explosion that doesn’t come. I’m proud of Gus for keeping his cool.

  “What’s your monthly income, Mr. Alexander?”

  “It depends on how many houses we flip. And sometimes I do tile work for a couple of real estate agents. But on average, not including flipping a house, I make about six hundred a week.”

  “Do you pay taxes on that money or are you paid under the table?”

  “What does that have to do with anything?” Gus’ jawline hardens.

  “Can you answer my question, please?”

  “Yeah, I pay my taxes.”

  “How are you able to send Graylin to an expensive private school like Marcus Preparatory Academy if you only make six hundred dollars a week?”

  Gus looks up at Martinez with furious hooded eyes. “Because I make extra money when we flip a house. He also has a scholarship and my sister helps out when I’m running short.”

  “Are you certain that extra money came from flipping houses and not from selling drugs?”

  “Objection!” Jenny yells, her cheeks are flaming red. “There’s no foundation for that question!”

  Before the judge can rule on the objection, Gus loses it.

  “This is some bullshit!”

  The judge taps her gavel. “Mr. Alexander, I’ve warned you once. You will not use that kind of disrespectful language in my courtroom. Your inability to control your temper is clearly a reflection of the kind of home Graylin would be released to. And I’ll tell you right now, I’m having my reservations.”

  I see tears begin to puddle in Gus’ eyes.

  “This ain’t right. Y’all trying to railroad my son. He didn’t do nothing to deserve this. God knows this ain’t right!”

  The judge bangs her gavel so hard, I think it might crack. “One more outburst from you, Mr. Alexander, and you’ll be back behind bars for contempt of court.”

  A tear falls from Gus’ right eye. Graylin places his head on the table and cries.

  Martinez moves back toward the prosecution table. Instead of gloating, he almost looks as if he feels sorry for Gus.

  “I have no further questions, Your Honor.”

  CHAPTER 34

  Angel
a

  Judge Miller dismisses us for lunch following Gus’ testimony. It’s after one o’clock when we reconvene to hear her decision. It’s anybody’s guess how she’s going to rule.

  With Graylin sandwiched between us, everyone stands as the judge mounts the bench. She wastes no time getting to her decision.

  “The purpose of a detention hearing is to determine whether it’s in the best interest of the minor to remain in custody or return home. To keep a minor detained, there must be evidence that being in the parent’s custody is contrary to the child’s welfare.”

  I glance over at Graylin. He’s squinting and leaning forward as if he can’t quite hear. I’m trying to steel myself. The care with which the judge is explaining things makes me think she’s not going our way.

  “In most cases, I find it’s best to have a child in a familiar, stable home environment pending adjudication. I’m impressed with this young man on many fronts. He’s an excellent student, and based on the testimony of his teacher and minister, he’s responsible, motivated and very mannerable. That’s quite commendable, especially in these times. So Mr. Alexander, I applaud you for the job you’ve done raising your son as a single parent.”

  I begin to relax. I catch Jenny’s eye and there’s a contained smile on her face. The judge is going to do the right thing and send Graylin home.

  “However, there are three issues that concern me. First, this isn’t the typical sexting case. The picture of the victim—which has now gone viral—was taken through the bedroom window of her home, an incredible invasion of privacy. As you know, I must consider the allegations before me to be true. As such, the manner in which this victim was violated evidences predatory conduct. Because the minor is so young, I fear this could be a precursor to other, more serious and violent behavior.”

  Graylin turns to look at me, his face a kaleidoscope of confusion. “But I didn’t take that picture, Ms. Angela,” he whispers. “I swear I didn’t.”

  I squeeze his forearm and continue focusing on the judge.

  “Another issue of concern for me is the protection of the victim. I’m obligated to consider the victim’s wishes in making my decision. This has been a very traumatic experience for her, as indicated by her mother’s testimony. Mrs. Carlyle honestly fears the impact on her daughter if the minor is released. In addition, the victim’s physical safety was also threatened, as set forth in the note.