AllFreeNovel
Share Us
“The circuit court of Baldwin County is now in session, the Honorable Reade W. James presiding,” the man in the brown uniform intoned.
“Good morning,” Judge James said. “Please be seated.”
Everybody sat down.
“The court recognizes the presence of the attorney general of Alabama,” Judge James said. “And why are we so honored?”
The man sitting beside Steve Cohen stood up.
“Good morning, Your Honor. If it pleases the court, may I introduce Mr. Steven Cohen, who is an assistant district attorney of Philadelphia, Commonwealth of Pennsylvania?”
“Good morning, Mr. Cohen. Welcome to Alabama. You have business to bring before this court?”
“Good morning, Your Honor. May it please the court, a warrant has been issued in Philadelphia for the arrest of Mr. Homer C. Daniels alleging violation of Paragraph 2502(b) of the Criminal Code of Pennsylvania, which is Murder of the Second Degree. It is my understanding, Your Honor, that Mr. Daniels, who is present with counsel in this court, is willing to waive his rights to an extradition hearing and prepared to return to Philadelphia to answer this and other related charges.”
“Which are?” Judge James asked.
“In brief, Your Honor, Murder of the Third Degree; Rape; Involuntary Deviate Sexual Intercourse; Robbery; Theft; Receiving Stolen Property; Aggravated Assault; Simple Assault; Recklessly Endangering Another Person; Burglary; Criminal Trespass; Possession of Instrument of a Crime; and Abuse of a Corpse.”
“Mr. Bernhardt,” Judge James said, “may the court presume that the man beside you is Mr. Homer C. Daniels, and that you are serving as his counsel?”
Bernhardt stood up.
“Yes, Your Honor.”
“Mr. Daniels-” Judge James said, and interrupted himself to say, “would you please rise, sir?”
Homer C. Daniels stood up.
"Have you any problems with Mr. Bernhardt serving as your counsel?”
“No, sir.”
“Are you aware of the nature and specifics of all the charges being brought against you in Pennsylvania?”
“Yes, sir.”
“And has Mr. Bernhardt explained that, should you desire, you have the right in the law to ask for an extradition hearing, at which you may offer evidence as to why you should not be returned to Philadelphia to face any and all charges laid against you there?”
“Yes, sir.”
“And having been made aware of your rights in the law in this matter, you wi
sh to waive same, which means that sometime within the next ten days, your person will be turned over to appropriate Pennsylvania law enforcement officers, who will then return you to Pennsylvania, there to face whatever charges have been laid against you.”
“Yes, sir.”
“This court is satisfied that Mr. Daniels is aware of his rights in this matter, and is voluntarily waiving same,” Judge James said, and made a gesture which Steve Cohen correctly interpreted to mean that he could now place the appropriate documents before Mr. Daniels.
He walked to Daniels’s table, laid a bound legal folder before Daniels, and handed him his pen. Daniels quickly scrawled his signature on them.
“May I approach the bench, Your Honor?” Cohen asked.
Judge James waved him to the bench. Cohen handed him the legal folder. James looked at it for a moment, then signed it.
“You understand, Mr. Cohen, that the Commonwealth of Pennsylvania must take Mr. Daniels into custody within ten days?”
“Your Honor, Sergeant Matthew Payne, of the Homicide Unit of the Philadelphia police department-and other Philadelphia police officers-are present in this court, and prepared to take custody of Mr. Daniels within the time prescribed. ”
