Page 27 of The Devil's Advocate

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There was that smile again – like a wound on the face of a corpse.

‘Mr. Flynn, you can’t even getyourselfacquitted.’

I was thinking of a pithy reply, when I looked down and saw my shirt was undone and stained with my own blood, I didn’t have a tie on, I’d sweated through every inch of clothing, I hadn’t shaved, and my head was ringing like a church bell. Maybe I wasn’t in the best position to make threats. Korn was a good six inches taller than me – he looked like a point guard for a Halloween basketball team.

‘Silence in court, all rise. The Honorable Judge Frederick Chandler presiding,’ said the court bailiff.

Judge Chandler swept into court, in black robes over a gray suit. He sat down fast. He was at least in his seventies, with wispy grey hair, a dark red line for a mouth, a thin nose and eyeballs that looked like they didn’t want to stay in his skull.

While the bailiff started to call the name of the case, my name, the judge interrupted him. He stared at me like I’d just wiped my ass with his robe.

‘I have in front of me papers which confirm your guest status as an advocate in this state. Never in my life have I seen a lawyer, practicing as a guest of the state bar, behave in such a manner as you have, Flynn.’

His complexion darkened as he spoke, like each word was pumping up his blood pressure.

‘You are a disgrace to the New York bar, to the Alabama bar, to yourself and to this great profession. You stand here on charges of assaulting a sheriff’s deputy, and trespassing on sheriff’s property. Just what on earth do you think you’re doing? Well? What have you to say for yourself, Flynn?’

As he said my name a fleck of foamy spittle left his lips, and arced over the bench to land on the parquet flooring.

I had remained standing since the judge came in, as had Korn. He was loving every minute of this.

‘Your Honor, there are three things I should make clear. One, it’sMr. Flynn, to you. Second, I didn’t assault anybody. I am entitled to the presumption of innocence. You seem to have already found me guilty. I haven’t even been asked to plead. By the way, my plea will benot guilty. Third, unless I’m released immediately I’ll be filing a lawsuit against the Sheriff’s Department, you, Frankenstein’s monster over here and anyone else in this town I can think of.’

Judge Chandler’s red cheeks began to tremble. He looked like a bowl of old Jell-O.

‘Never have I been so insulted from the defense table—’ he said.

‘You should get out more,’ I said.

‘Your Honor,’ said Korn, ‘this is an egregious insult from the defendant. I would ask the court to consider holding Mr. Flynn in contempt. Not only for his insult to this court, but his discourtesy to the office of the district attorney, which I hold.’

‘Granted. Mr. Flynn, I take it you are applying for bail. I hope you have some rich friends, otherwise you’ll be cooling that hot-head in the state penitentiary for a long time.’

I looked at the floor, swore under my breath. I’d let this town, this DA, and this judge get to me. I wasn’t playing smart. This was a bad idea and Andy Dubois would suffer if I was going to be stuck in a cell until his trial was over.

I should’ve called Harry. The man who represents himself has a fool for a client.

Just then I heard the doors behind me swing open. A voice I recognized hollered from the back of the court, and footsteps grew louder as they approached. Half-inch heels. And behind them, boots.

I didn’t need to turn around to know the cavalry had arrived.

‘Your Honor, Kate Brooks for the defendant,’ said the voice, in a north New Jersey accent that I’d missed more than I cared to admit.

‘Are you a member of the Alabama Bar Association?’ asked the judge.

‘My papers were filed this morning. I understand that I can appear as a guest of the bar until my application is granted.’

Kate came across and whispered something to the DA. He let her look at the charge sheet and the statement from the deputy who had to ice his balls. Kate took it all in. Absorbing the details in seconds. Speed reading. And her mind worked just as fast. Kate had the innate skill of being able to assimilate and use new information almost instantly. Bloch was there beside her, in her leather boots, skinny jeans and blue sportscoat.

Neither Kate nor Bloch said a word to me.

‘Your Honor, the assault of the officer is minor in nature, and disputed. It’s my client who has been assaulted. You can see a cut high on his forehead. We will immediately file suit for assault and battery against the Sunville County Sheriff’s Department, seeking one million dollars in damages. Trespass is a misdemeanor and a fairly hopeless charge in these circumstances. Police precincts are public property and unless there are signs clearly delineating the areas of restricted access, a trespassing charge cannot be sustained. In relation to the contempt charge – a judge who is supposedly offended by a possible contempt should have an alternative judge review the facts before proceeding. No one can be a judge in their own cause. It would be unlawful for this court to decide its own case against a defendant. We would ask for the trespassing charge and the contempt charge to be formally withdrawn at this time. In relation to the assault charge, if Mr. Korn wishes to proceed, he will require an alternative prosecutor to present that case in a different jurisdiction because we will be adding the Sunville County District Attorney’s Office to our lawsuit for malicious and wrongful prosecution.’

Judge Chandler looked to Korn. For a time, both men stared at one another, sizing up their options. Kate had left them none. There was no sign on the swing doors to the precinct office to say it was private. And if there was security video of the assault, it would show the moustache being aggressive, slamming into me, and then me being beaten to the ground with a nightstick.

Damn, Kate was good.

Finally, Korn nodded and said, ‘In the circumstances, we will withdraw the trespass, and the assault charge. It is up to the court to deal with the contempt matter.’