JO01 - Guilty or Else Read Online Free

Johnson presiding.”
    Johnson strolled in, adjusting his black robes as he ascended the steps to his throne. “Clerk, call the case,” he said.
    “Docket number 72-3852, the People of the State of California versus Ernesto Rodriguez, section 187, Penal Code. Murder in the first degree,” the clerk said and took her seat.
    “James O’Brien, counsel for the defendant, Judge.” I placed my hand on Rodriguez’s shoulder.
    “Roberta Allen for the People, Your Honor,” she said, then sat and adjusted her skirt.
    The Judge glanced from Roberta to me. He paused a bit too long when he looked at me. Finally, he said, “Mr. Rodriguez, you are charged with murder in the first degree. Shall the court read the complaint?”
    “Reading waived,” I said.
    “The People move to reduce the sentence, second degree, if the defendant pleads guilty today,” Roberta said, half standing.
    Johnson nodded at her. “So ordered.” Then he turned back to Rodriguez and me. “How do you plead to the charge? Guilty or not guilty?” The arraignment: just another routine matter, all in a day’s work.
    The critical moment had arrived. I leaned into Rodriguez.
    “Last chance, still not guilty?” I whispered.
    His silence answered my question.
    I took a deep breath. “My client, Ernesto Rodriguez, pleads—not guilty.”
    Johnson leaned forward, frowning. “I’m sorry. What did you say?”
    I glanced at the prosecutor’s table and saw Roberta stuffing papers into her briefcase. I turned back to Johnson. “Not guilty, your honor.”
    The plea obviously confused Johnson. He swung his head from me to the prosecutor’s table and back again. “Approach the bench,” he ordered.
    The deputy D.A. and I walked forward. Johnson put his hand over the mike fixed to his desk. “What’s this all about, O’Brien?”
    “Deal’s off. Like I said, not guilty.”
    “You can’t change the deal.” He glanced at Roberta.
    “Didn’t we agree on a deal?” Before she answered, he faced me again. “You were supposed to bring in a plea.”
    “Rodriguez refused it.”
    “Just what are you trying to pull?”
    Roberta jumped in. “Judge, the People made an offer. Mr. O’Brien and his client refused the deal. We’re ready to go forward. We’ll take the case to trial.”
    Johnson gave her a dismissive wave and continued to stare at me. “Have you explained to Rodriguez that he’ll lose his case and die in prison? Did you tell him there’s no way he can win?”
    “Judge, he says he didn’t do it.”
    Johnson’s confusion turned to anger. “That’s bull and you know it. I don’t think you tried to get a plea, I think you saw dollar signs, six to nine months of steady work. Talk to your client again. Get the guilty plea!”
    “Won’t do any good. His mind is made up.”
    “I want to talk to him myself.”
    I felt my face getting hot. “You’re going beyond your authority. My client says he didn’t do it, and maybe he didn’t. He has a right to a trial. I signed on as his lawyer. I’m staying.”
    Roberta broke in, cool and calm. “Your Honor, Mr. O’Brien has agreed to represent the defendant. I suggest we set a date for the prelim.”
    Johnson looked at Roberta one more time, then sighed. “All right, O’Brien, it’s your case. Don’t come back later and try to get released and don’t think you’ll get any money from the county. You won’t get a lousy dime. If Rodriguez wants you, you’re stuck.”
    I turned to my client and watched him stand with his head bowed. I hoped he was praying silently for a miracle. He had to know the consequences of his decision. Going to trial, murder one, no money and the deck stacked against him. A sure trip to oblivion.
    “Trial is set for sixty days from today in Norwalk Superior Court,” Johnson said, biting his words. “Preliminary hearing in ten days, also at Norwalk. Does that suit the People, Miss Allen?”
    She nodded.
    “Okay, court’s adjourned.” Johnson picked up his