Abuse of Discretion

by Pamela Samuels Young

  I’m praying that’s the case, but I don’t want to get his hopes up. “I don’t know, Graylin. We’ll have to see.”

  I feel a hand on my shoulder and turn around to an embrace from Gus. “Dre told me you would do it!”

  I eye Dre over my shoulder at the back of the courtroom. He’s smiling with such pride that it warms me up inside. Gus reaches out and hugs Jenny too.

  “Let’s not count our chickens before they’re hatched,” I say. “I wish I could take credit, but this was nothing short of divine intervention.”

  When we enter the judge’s chambers, he’s stripping off his robe. He tells Graylin to take a seat in one of the chairs in front of his desk. The attorneys remain standing.

  “Ms. Sullivan,” Judge Lipscomb says, as he rolls up the cuffs of his white shirt, “you have some decisions to make regarding the charges against this defendant.” He sits down behind his desk.

  Sullivan looks down at the floor.

  “Do you want to proceed with this prosecution,” the judge asks, “or dismiss the charges?”

  “Let me talk to my boss,” Sullivan says, as if all the life has been sucked out of her. “I’ll have a decision in the morning.”

  I can tell Graylin is about to burst with excitement. I place a hand on his shoulder as we walk back into the courtroom which is empty except for Gus, Dre and the bailiff.

  “I told you guys! Little Slice was right! If I had stayed in juvenile court, that judge would’ve locked me up and made me a sex offender! Now I’m going free!”

  “What happened in there?” Gus asks anxiously.

  “I have a strong feeling the charges are going to be dismissed,” I say. “The prosecutor has to check with her boss. We’ll know for sure in the morning.”

  Jenny smiles. “I don’t know about y’all, but I think we should do some early celebrating.”

  CHAPTER 80

  Angela

  We give Graylin the honor of picking the restaurant and he chooses El Torito in Marina Del Rey. Jenny calls Mei with the good news and invites her to join us. An hour later, we’re all seated at a long table, munching on chips and salsa, drinking margaritas and gazing at the sailboats docked along the Marina.

  I can’t explain how great it feels to see Graylin so happy.

  “The devil is a lie! The devil is a lie!” he exclaims every few minutes. “Mama Baker don’t raise no heathens! LaShay’s mama was so funny.”

  “You need to be thanking God that she’s an honest woman,” I tell him. “Not everybody would’ve done what she did.”

  “I can’t believe this nightmare is finally over,” Gus says. “If I ever catch a case again, God forbid, I’m looking up the two of you.”

  A waitress sets a bowl of guacamole and two platters of chicken quesadillas in the middle of the table.

  Graylin lifts his strawberry lemonade high in the air. “A toast to the two best attorneys in the whole wide world!”

  We all raise our glasses in cheer.

  “The person sitting next to you also deserves some applause,” Jenny says, pointing across the table at Mei. “She tracked down all of our witnesses.”

  “Thank you, Ms. Mei,” Graylin says, giving her a hug.

  Mei blushes. “Thanks, but I had no clue that LaShay took that picture or that Kennedy asked her to.”

  “So what’s going to happen to them?” Dre asks. “They’re the ones who should face child pornography charges.”

  “I don’t know,” I say. “I suspect the D.A.’s Office just wants this case to go away.”

  “That D.A. better file charges against both of ’em,” Gus bellows.

  I don’t say it out loud, but I feel sorry for Kennedy. Simone Carlyle’s partly to blame for what her daughter did. The girl probably saw her mother bully people. So it was easy for her to manipulate LaShay and have no qualms about setting up Graylin.

  “It’s possible Kennedy and LaShay will be charged,” Jenny says. “Especially if you push for it.”

  “I plan to,” Gus says. “And I also plan to sue both of those girls and their parents in civil court, just like that witch Simone said she was going to do me. Me and my son want some emotional distress money for everything they put us through.”

  “You have a good case,” I say. “But maybe you should move on. Turn the other cheek, so to speak.”

  “No way. They shouldn’t be allowed to get away with this. Just because they’re girls, people are probably going to be more sympathetic toward them. But what they did could’ve ruined my son’s life.”

  Jenny nods. “I only wish prosecutors would exercise a little more discretion when they’re filing these cases.”

  My phone rings and Blocked shows up on the caller ID display. My pulse speeds up. Calls from the prosecutor’s office usually show up as blocked.

  “Hey, everybody, this might be the prosecutor.” I wave my hand in the air so they all quiet down. “Let’s pray the charges are being dismissed.”

  I place the phone to my ear, but I’m having a hard time hearing over the restaurant noise.

  “Hold on a minute,” I say into the phone. “Let me put my earphones in so I can hear you better.”

  I listen intently for only about a minute, then hang up the phone. Everyone is smiling in anticipation of what I have to say. But Dre knows me and immediately senses that something is wrong.

  He squeezes my shoulder. “Babe, what did she say?”

  “They’re dropping the charges.” I pause, not wanting to relay the rest of the conversation. “All of them except for the possession of child pornography charge.”

  “What the fuck!” Gus slams his fist so hard on the table that water splashes out of his glass. Everybody in our corner of the restaurant is staring at us.

  “Sullivan said Graylin’s saving the picture to his phone was a criminal act. She’s offering him a deferred entry of judgment deal.”

  “What’s that?” Dre asks.

  “Graylin has to plead guilty to the possession charge,” I explain. “If he stays out of trouble for a year, the charge will be dismissed. But if he gets in any kind of trouble during that time, the deal is revoked and he’ll be placed on probation.” I pause. “Until he’s twenty-one.”

  “Twenty-one!” Gus screeches. “So if he gets a friggin’ traffic ticket, he’ll be locked up for violating his probation? That’s nuts!”

  “Hold on,” Jenny says. “The court has the option to retain jurisdiction until he’s twenty-one, but it’s rare for probation to last that long if a kid doesn’t get into trouble again. This is just the worst-case scenario.”

  Dre’s face shows nothing but incredulity. “And what does he have to do to avoid violating probation?”

  “He’ll have to go to school, maintain a C average, and avoid any additional charges,” Jenny says. “None of that would be a problem for Graylin.”

  “And if he does violate probation,” Dre presses, “then what happens?”

  Jenny inhales long and hard. “He’ll have to provide a sample of his DNA to police so that if he commits a crime in the future, it’s in the system. The police will have the right to search his person and his home at any time without a warrant and without probable cause. He’ll also have a felony on his record, have to serve time—probably in a juvenile camp—and have to register as a sex offender.”

  As I listened to Sullivan minutes ago, I sensed that she disagreed with the decision not to drop all of the charges. I suspect that her marching orders came from the top. Instead of walking away in defeat, the D.A.’s Office is trying to save face.

  “We have to consider the offer,” I say. “If Graylin’s convicted, he could—”

  “No!” Graylin yells. Tears dampen his cheeks. “I’m not pleading guilty to nothing because I’m not a child pornographer!”

  I turn to Jenny and know ins
tantly that we are on the same page. There’s no disputing that Graylin was in possession of child pornography. The law doesn’t care how he got it. The only way we can win on the remaining charge is via jury nullification, which always was and still is a gamble.

  “Graylin,” Jenny says gently, “this is a good thing.”

  “No it isn’t!” he shouts, his tears streaming now. “That jury isn’t going to convict me. Not after you showed them how everybody lied on me. You said I’m the client, so it’s my decision. I want to take my chances with the jury.”

  CHAPTER 81

  Angela

  When Judge Lipscomb calls the attorneys into his chambers the next morning, it feels like we’re marching in a funeral procession.

  “So where do we stand?” he asks. He’s sitting forward in his chair, his elbows propped on his desk.

  Sullivan shuffles from one foot to the other. “We’re dropping the invasion of privacy and witness intimidation charges,” she says, then swallows. “But we’re proceeding with the possession charge.”

  The judge squints up at her. “You’re kidding me, right?”

  Sullivan blows out a breath. “Your Honor, there’s no disputing that the defendant saved the picture to his phone.”

  The judge isn’t happy. “And there’s also no disputing that Penal Code Section 311 was intended to go after pedophiles and this kid is no pedophile. If you’re dropping the witness intimidation charge, that means I no longer have jurisdiction. I can send this thing back to juvenile court where it belongs.”

  “We did offer the defendant a deferred entry of judgment deal,” Sullivan says. “One year, but he turned it down.”

  Now the judge is giving me the same chiding look he’d just given Sullivan.

  “Ms. Evans, please tell me you didn’t advise your client not to take the deal.”

  “Your Honor, we’ve tried everything, but Graylin won’t agree to it. His father couldn’t convince him either.”

  The judge grunts. “Get him in here. His father too.”

  I walk back into the courtroom and tell Graylin and Gus that the judge wants to speak to them in chambers.

  “Why, Ms. Angela? Why does the judge want to speak to me?”

  “Because he’s not happy that you turned down the prosecutor’s offer.”

  “I sure hope the judge can talk some sense into this stubborn fool,” Gus mutters.

  Graylin takes a seat in front of the judge’s desk. Gus is standing behind him, gripping the back of his chair.

  “Good morning, young man.” Judge Lipscomb rounds his desk and sits on the edge, facing Graylin. “I understand you turned down Ms. Sullivan’s offer of a deferred entry of judgment. Do you understand what she’s offering you?”

  Graylin squeezes the arms of his chair. “Yes, sir.”

  “I want to be sure you understand what you’re doing. Explain to me what Ms. Sullivan offered you? I’d like to hear it in your own words.”

  “If I plead guilty and stay out of trouble for a year, then the possessing child pornography charge will be dismissed. But if I get in any trouble, I’ll be on probation for a long time and have to give the police my DNA. And If I do something wrong while I’m on probation, then I’ll be locked up and be a sex offender.”

  “I’m sure a good kid like you can stay out of trouble for a year. Don’t you think the prosecutor is offering you a good deal?”

  Graylin exhales. “No, sir.”

  “Why not?”

  “Because I’m not a child pornographer and I shouldn’t have to plead guilty to something I didn’t do. And how do I know somebody won’t set me up again? Then I’ll get convicted on the child pornography charge because of that.”

  Judge Lipscomb’s chest rises and falls. “Young man, you admit saving a naked picture of another minor on your phone, correct?”

  “Yes, sir.”

  “Then under the law, you’re guilty. Do you understand what it means to have to register as a sex offender?”

  “Yes, sir.”

  “That’s what could happen if you get convicted. You don’t want to risk that. Everybody says you’re a smart kid. You’re not thinking too smart right now.”

  Graylin says nothing.

  “I want you to give some serious thought to what you’re doing. Would you like some time to think about it?”

  “It’s not right to put me in jail just for having that picture,” Graylin says. “And I’m going to prove it to the jury.”

  “How are you going to do that?”

  “I’m going to convince them that I’m innocent when I testify.”

  The judge glares up at me, then back down at Graylin. “Your attorneys are putting you on the witness stand?”

  “I have the right to testify in my own defense,” Graylin says. “It’s the law.”

  “Jesus Christ!” the judge exclaims. He points a lean finger inches from Graylin’s nose. “This is what you’re going to do, young man. You’re going to take the next thirty minutes to think about what you’re doing. You’re going to listen to your father and your attorneys and—”

  Graylin politely interrupts the judge. “I’m sorry, Your Honor, but I don’t need any time. I’m not going to change my mind.”

  He reaches into the inside pocket of his jacket and pulls out some papers. I can see that it’s a wrinkled copy of the pamphlet Jenny gave him the day after his arrest. It looks so worn he must’ve read it a dozen times.

  “This is the pamphlet that my attorney, Ms. Jenny, gave me about my rights,” Graylin says. His hands are shaking so badly we can hear the paper rattle. “And it says right here on page six that I get to make the decisions about my case.”

  In a shaky voice, he starts reading from the pamphlet.

  You are not required to accept a settlement offer. Your attorney must present the offer and tell you what he or she thinks of the offer. Your attorney should explain the pros and cons of the offer. It is important to remember that the decision to accept or reject the offer is only your decision. The defense attorney cannot make the decision for you, your parent or guardian cannot make the decision for you, and the court cannot force you to take a settlement.

  Graylin refolds the pamphlet and looks back up at the judge. His hands are no longer shaking.

  The judge huffs loud enough to blow the curtains down. “Young man, I have the power to dismiss this case and send you back to juvenile court since I no longer have jurisdiction. Are you saying you don’t want me to do that?”

  “That’s right, sir. I want my day in court.”

  Gus curses under his breath.

  Graylin meets the judge’s stern glare with more defiance than ever. “My granny always tells me to have faith,” he says, putting the pamphlet back inside his jacket pocket. “So that’s what I’m going to do. I’m not pleading guilty because I’m not a child pornographer. And when I testify, I know the jury’s going to believe me.”

  CHAPTER 82

  Angela

  Once Graylin’s little speech is said and done, one thing is clear, Judge Lipscomb is pissed. Pissed at the prosecution for not dropping the case, pissed at the defense attorneys for not being able to talk some sense into our client and pissed at Graylin for being too young and too naïve to understand the incredible risk he’s taking with his life. But to our surprise, he doesn’t send the case back to juvenile court.

  The judge denies my request for a three-day continuance but gives us the rest of the day off. He sends the jury home with instructions to return the following morning.

  Jenny and I agree that we have to roll the dice and let Graylin testify. The jurors now know Kennedy set him up. If they’re going to let him walk on the possession charge, they need to see for themselves, not through the testimony of others, what a great kid he is.

  I take Graylin to Jenny’s office w
here we spend the rest of the day going through mock questioning. Although only one charge remains, the stakes are still high. Except for a murder trial, I’ve never had a case with more serious consequences. Nor have I ever had a case where I wanted to win for my client more than this one.

  After Gus drops by to pick up Graylin, Jenny and I sit in silence for a while.

  “This is positively my last juvenile case,” I say. “It’s way too heart-wrenching.”

  Jenny smiles. “It is tough sometimes, but when I fight for these kids and win, there’s no better feeling in the world.” She stands up and pulls a large album from the top of a file cabinet. “This,” she says, “makes it all worthwhile.”

  I open the album and find dozens of cards and letters, some handwritten, some typed. There are also a few pictures.

  I look up at her. “Are these letters and cards from your former clients?”

  “Yep.”

  I read a couple of them.

  Dear Ms. J.,

  Thank you for beleeving in me. Nobody ever beleeved in me like you did.

  Dear Miss Jenny,

  Thanks for fighting for me. I promise I’m going to get my GED and stay out of trouble.

  There’s a picture of Jenny posing with a gangly black kid in a cap and gown. “Who’s he?”

  “My star client,” Jenny beams. “He graduated from El Camino Junior College last year. He’ll be a junior at Long Beach State in the fall.”

  Reading the letters makes me feel hopeful and scared at the same time. I pray we’ll see Graylin graduate from college one day.

  “It’ll be a good thing for the jury to hear from Graylin,” Jenny says. “He’s smart, kind and articulate. They’ll see their own kids in him. They won’t want to ruin his life.”

  I don’t know how long I’ve been staring out of the window.

  “Hey, are you even listening to me?” Jenny says.

  I spin around. “I have an idea. Where’s our witness list?” I frantically search for our trial binder.

  “Why?”

  “Please tell me we kept Dr. Mandell on the list.”