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- 11/06/2011
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Note: While authors are asked to place warnings on their stories for some moderated content, everyone has different thresholds, and it is your responsibility as a reader to avoid stories or stop reading if something bothers you.
The Trial of Jordan Colmar - 7. Chapter 7: Verdict
Martin tried to focus on the mountain of work that had piled up during the trial. Same as always; trials caused a backlog. One way or the other, he'd have time to catch up soon.
Pushing aside the deliberating jury, he began assigning new cases. No matter how busy he was, he never let this part of his job go more than a couple of days; it wouldn't be fair to the assistants to get them two weeks late.
Thankfully, nothing serious came in that would need his attention. After this, he wanted to get back to helping the newer attorneys with their trials, not be in trial himself. Even though other senior attorneys always stepped up, he felt a bit guilty when he couldn't sit with his new people for their first few trials.
With a glance at the clock, he pushed back from the desk. Milton would be calling them back in less than forty minutes to tell everyone he was dismissing the jury for the night. Too bad, he'd hoped everyone could go home tonight with a decision. He knew all too well how hard it was to sleep knowing you might get a verdict tomorrow. Trials were fickle beasts.
Noise in his doorway made him look up. "Get your coat, Martin." Dan wore his usual smile, as if nothing important was happening.
This was the third summons since two o'clock. Like the other two, his heart raced. Another question? Verdict? Or was Milton sending them home early? The last was unlikely, but possible.
Slipping on his coat, he locked his computer. "Any word on why?" On his way out, he grabbed a yellow legal pad, just in case.
"Seems we have a verdict, my friend." Dan slapped him on the back, his smile broadening.
Martin stopped and nodded for a moment. "I had hoped they'd finish today. Good or bad."
With his right hand, Dan motioned for them to keep moving. "As we both know, a quick verdict rarely favors the defense, especially in this kind of case."
"Not every time." Martin knew it didn't matter what they said, the jury already reached a verdict. "If a jury is going to surprise with an acquittal, it usually happens rather quickly."
Dan laughed. "I see you were taught the same as I was; in the world of trial practice, you can't read anything into a jury's time of deliberation."
"Exactly." He winked at his colleague. "Let me get my staff to round up Peter and his family."
"Do I really need to tell you that Mary and Alan already took care of that?"
"You shouldn't need to, but for some reason I never learn." When he reached the main office door, he found his 'guards' waiting to escort him. "Bet you two will be glad when you can stop babysitting me."
Freeman shrugged. "You're an easy person to work with. It's the ones who believe in their own importance that makes us wish for another job."
Laughing despite the moment, he let the deputies lead the way. Before they reached the entrance to the courtroom, his escort turned toward the back hallway.
"You don't want to fight through the crush of people trying to get inside," Hicks said. "The press started showing up just after closing arguments ended."
Wonderful. The last thing Martin wanted was a crush of reporters trying to get a statement.
"I'd better get a message to Jerry," he said to no one in particular.
"Martin, relax." Dan remained the model of calm. "The District Attorney knows what's happening and he'll be ready for the media. Though I'm certain he's going to want you there to field most of the questions."
Raising an eyebrow, Martin said, "The voice of experience?"
"Three years as U.S. Attorney for the Middle District taught me to never speak to the press about a big case without the lead attorney at my side. Jerry hasn't remained D.A. for twenty-four years by being stupid."
They entered through the judge's door to find a packed courtroom. Sheriff Ghegahn stood just inside the door, watching and directing his deputies. Martin knew the drill, Ghegahn always stood beside the judge's bench when the media was present as a show of respect to the court. As they passed, the Sheriff reached out to grab Martin's arm.
"Good luck counselor, not that you'll need it." Ghegahn gave Martin a genuine smile. "I heard you did your usual great job."
"Thank you, sir." He shook the older man's hand. Pointing to Hicks and Freeman, he said, "Thanks for these two, they were amazing; always there, but never in my way."
"I expected no less." Despite his words, the Sheriff looked pleased by the compliment.
It took another ten minutes to get order in the courtroom. Peering back, he noted Peter and Jason seated in the row behind him, surrounded by both their families. If Peter was nervous, he didn't show it. Jason's eyes, however, kept darting toward the defense table where Jordan sat with his back to the crowd. He stopped when Peter laced their hands together, causing Jason to look at him.
Martin tried to appear more relaxed than he felt. He knew what was happening, but it didn't calm him. When he saw Sheriff Ghegahn nod, he knew it was almost time.
The back doors snapped shut, drawing more than a few eyes. Martin kept his attention forward, aware the courtroom doors would be locked in a few moments.
"Ladies and gentlemen." Ghegahn's deep voice filled the entire courtroom. "Those of you in the gallery are put on notice that once we start the proceedings, you not will be allowed to leave before the jury is dismissed. If that isn't to your liking, please leave now. Once we bring in the jury, no one will be allowed to leave until Judge Milton grants leave to open the doors. Anyone trying to leave will be asked to return to their seats. Refusal is not an option."
Martin watched him appear to scan the courtroom, knowing what he was really doing was making sure his deputies were in place.
"Anyone who doesn't think they can follow those rules should leave now. Otherwise, remember, no one leaves until after the jury is dismissed and escorted out of the courtroom."
Much as Martin expected, no one got up.
"Very well." Ghegahn moved toward the Judge's door. "The courtroom is now closed."
Martin heard the back doors lock, and an instant later, he watched the sheriff rap twice on the door behind him.
"All rise," Ghegahn ordered.
Milton entered quickly, took his seat and nodded to the bailiff. "You may bring in the jury. Everyone may be seated.
Despite the judge's suggestion, the parties before the court followed proper etiquette and remained standing while the jury entered. Martin watched the jurors, recalling all the different theories the 'experts' taught in trial practice classes. Experience taught him that nothing could really be gleaned from such observations, but he indulged in the practice all the same.
Watching the jurors enter, he wondered how they felt with all eyes focused on them. They had to know everyone was looking for some sign of what they'd decided. Still, most of them ignored him and the defense, focusing their attention on either their seats or the judge.
Once the last juror took her seat, Martin and the others sat down.
"Ladies and gentlemen of the jury," Judge Milton said, breaking the silence. "Would the foreperson please stand?"
Another 'game' all trial lawyers engaged in was could they guess who the foreperson would be? Martin's choice had been juror number five, a middle aged woman, dressed in a blue blazer who seemed to pay particularly close attention to the evidence. When she stood, he tried to sneak a glance at Dan who picked the man sitting next to her.
"Madam foreperson, has the jury reached a unanimous decision?"
"We have, Your Honor," she said, holding up a folded sheet of paper. The bailiff collected the jury verdict form and handed it to the judge. Once he read the verdict, he handed it to the clerk. "Mr. Colmar, please stand."
Rankin stood with his client, hand on Jordan's shoulder.
Standing, the clerk, who until now had said almost nothing, opened the verdict sheet. "Members of the jury, on the count of attempted murder in the second degree while armed, how do you find the defendant Jordan Colmar, guilty or not guilty?"
Martin realized he, like most of the courtroom, was holding his breath, waiting to hear the answer.
"We find the defendant, guilty."
A gasp and a choked off sob came from where the Colmars sat. Resisting the urge to turn and look, Martin kept his eyes on the judge. The deputies would deal with any disruption. He was sure if he looked to his left, Jordan would be deathly white.
Ignoring everything else in the courtroom, the clerk continued, "On the enhancement count, that this crime was motivated by the victim's sexual orientation, how do you find the defendant, Jordan Colmar, guilty or not guilty?"
"We find the defendant, guilty." The woman's voice was firm, her words spoken with conviction.
"On the count of conspiracy to commit murder in the second degree while armed, how do you find the defendant, guilty or not guilty?"
"We find the defendant, guilty."
Marking down the results, Martin half listened as the clerk read the remaining counts and the foreperson confirmed Colmar's guilt to each. When the last charge was read and answered, Judge Milton nodded.
"Thank you." He took the paper back and placed it in front of him. "Mr. Rankin, do you wish to poll the jury?"
Martin, along with most of the courtroom, turned toward the defense table. Jordan appeared in shock, his eyes seemingly staring at nothing. Rankin and his assistant stared at their verdict sheet, barely looking up when the court addressed them.
"Yes, your honor, we do," Rankin finally answered
It took an effort not to shake his head. In twenty years, he'd never seen or heard of a jury changing its verdict when polled; especially not one that convicted this quickly. If there had been any wavering jurors, it would have taken much longer to reach a verdict and it was highly unlikely they'd have found Colmar guilty on all counts.
"Ladies and gentlemen of the jury." Milton's voice snapped Martin out of his musings. "When the clerk calls your number, please stand and indicate if you agree with the verdict as read by your foreperson."
One by one, the jurors stood and stated their agreement. Juror twelve sat down and Martin finally began to relax. It was over; they'd won. The jury saw through the bullshit defense case and found Colmar guilty of everything he'd done. Moreover, the victim, Peter Gregory, received justice. That, he reminded himself, was the real purpose of the trial.
"Very well, thank you." Milton sounded as relieved as Martin felt. "Ladies and gentlemen, on behalf of the Commonwealth of Pennsylvania, this county and myself, I'd like to thank you for your service. Jury duty can be difficult, especially with the hectic lives we all lead, but it is a necessary part of our civic duty. Without people like you, our system of justice wouldn't work. So again, you have my thanks.
"The bailiff will take you out in a moment, but let me say one more thing. You are now free to discuss this case with whomever you like. The government, the defense, and the press may all wish to speak to you. Whether you do so is up to you. If you do not want to speak to anyone, ask a deputy to escort you out of the courthouse. Leave your badges and pads on the seat and you are free to go. Thank you again."
Several of the jurors looked into the audience to the side where Peter sat. Most smiled, with one giving a thumbs up sign. The gesture gave him goose bumps. Peter's suffering was not lost on anyone and that gave him the most satisfaction.
He waited for the door to shut before looking to the judge. For all that Milton was a hard ass and a tough sentencer, Martin knew locking up a young man for what could likely be the rest of his life was not something the judge enjoyed.
"Mr. Colmar." Jordan barely lifted his head when the judge addressed him. "As the jury has found you guilty on all counts, your bond is revoked and you are remanded to the custody of the sheriff pending sentencing. Mr. Rankin, we need to set a date."
"Would the court please hear me on the issue of release pending sentencing?" Rankin asked without much conviction.
"No, sir. I will not." He paused, scanning the gallery as if waiting for an outburst. "Mr. Colmar was found guilty of several offenses which carry mandatory jail time; a decade and more to be exact. Since I have to impose a jail sentence, even were I not so inclined, he is now, in my mind, a flight risk and he'll remain incarcerated pending sentencing."
"Your honor." Respectful and cautious, Rankin pressed his request. "Would the court consider giving Jordan until Friday at 5:00 p.m. to turn himself in? That way he can get his affairs in order."
"No, Mr. Rankin, I will not." Milton shook his head slowly. "I'm certain you were smart enough to have advised him to do that before today. Let me be clear, I heard the evidence too, and there is no doubt in my mind the verdict was correct. More to the point, I believe without a shadow of a doubt, your client lied on the stand. I also believe he manipulated Warren Berimen into testifying. In my mind, he is one of the worst flight risks I've ever met. Not only does he present as the type to try to flee, he has the means to do so. He can begin serving his sentence today."
Turning to the sheriff he motioned toward the prisoner's entrance. "Sheriff, you can escort the defendant out now."
Appearing surprised, Rankin glanced at his associate. "Your Honor, I'd ask my client be allowed to stay while we select a date for sentencing."
Rolling his eyes, Milton's face took on more of its familar stoney demeanor. "Mr. Rankin, your client won't have any conflicts with the date I have in mind. We both know he'll be available. I want to clear the courtroom and your client's presence will hold up the unlocking of the courtroom doors."
The expected outburst from the Colmars never materialized. Whether Rankin schooled them well or they were in too much shock, they remained quiet. Jordan, too, remained silent as the deputies cuffed his hands behind his back and led him away.
A date was suggested by the court that Martin barely heard. He agreed without checking, knowing he'd make it work. When the judge left, he sank into his chair, exhausted, yet pleased.
Hands began patting him on the back and he knew he needed to get up. He wanted to speak to the Peter's family before he joined the D.A. at the press conference quickly being arranged. It was his big day and knowing his boss, Martin would be given all the credit and much of the spotlight.
Before he let the deputies take him out, he made his way to where Peter stood, locked in his boyfriend's arms. His arrival caught Peter's attention and he disengaged himself from Jason to extend his hand to Martin.
"Thank you, Mr. Pratner. I can't tell you how much I appreciate how you've treated me and my case." There were tears at the edges of his eyes. "You always made me and Jason feel like you cared about us. It's helped us both move on with our lives."
"Young man, although it's my job to prosecute the people who did this to you, I want to say this case meant a lot to me too. I admire your strength and courage. It couldn't have been easy to meet with the detectives, myself, the grand jury and then come to court, each time having to relive again and again what happened. I want you to know how proud I am of you and how happy I am to have represented you in this case."
He could count on one hand the number of victims he'd taken a particular interest in; Peter was one of them. He pulled the young man closer and gave him a hug.
"Now," he said, smiling at Peter. "You two go home and get on with the rest of your lives. I expect great things from you both."
He barely had time to shake hands with both families before Mary was waving to him. No doubt Jerry was about to address the media and his presence was required.
Adjusting his cufflinks one more time, he couldn't wait for the press confrence to end. He'd been working long hours and tonight he was going to forget about the office. This was a time to celebrate and that meant being home in time for dinner with the family. No better way for the trial and his day to end.
Thanks for all the comments, let me know if you were happy or not with the outcome.
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Note: While authors are asked to place warnings on their stories for some moderated content, everyone has different thresholds, and it is your responsibility as a reader to avoid stories or stop reading if something bothers you.
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