men.
“Approach.”
At the sidebar, Fiske said,
“Judge, I’m only trying to do the commonwealth a favor.”
“The commonwealth doesn’t need favors from Mr. Fiske,”
Williams said with disgust.
“Come on, Paulie, a thousand bucks, and you can get a beer before you go back and explain to your boss how you messed up. I’ll even buy you the beer.”
“Not in ten thousand years will you get a dime from us,”
Williams said disdainfully.
“Well, Mr. Williams, this motion is a little unusual,”
Judge Walters said. In the Richmond criminal courts, motions were heard before or during trial. And there weren’t lengthy briefs attached to them. The sad truth was, most issues of criminal law were well settled. Only in the unusual case in which the judge was unsure of a ruling after he had heard the lawyers’oral arguments would he ask for written briefs to review before making his decision. Thus, Judge Walters was a little bewildered by the unsolicited and lengthy brief filed by the commonwealth.
“I know, Your Honor,”
said Williams.
“However, as I stated, this is an unusual situation.”
“Unusual?”
Fiske said.
“Try nuts, Paulie.”
Judge Walters impatiently broke in.
“Mr. Fiske, I have admonished you before regarding your unorthodox behavior in my courtroom, and I will not hesitate to find you in contempt if your future actions warrant it. Get on with your response.”
Williams returned to his seat and Fiske stepped to the lectern.
“Your Honor, in spite of the fact that the commonwealth’s ‘emergency’motion was faxed to my office in the middle of the night and I haven’t had time to prepare a truly proper response, I believe that if you would refer to each of the second paragraphs on pages four, six and nine of the commonwealth’s memorandum, you will conclude that the facts relied upon therein, particularly with regard to the defendant’s prior criminal record, the statements of the arresting officers and the two eyewitness accounts at the location of the crime allegedly committed by my client, are unsustainable with the established record in this case. Further, the principal precedent cited by the commonwealth on page ten was very recently overturned by a decision of the Virginia Supreme Court. I’ve attached the pertinent materials to my response and highlighted the discrepancies for your ease of review.”
As Judge Walters examined the file in front of him, Fiske leaned over to Williams and said,
“See what happens when you draft this shit in the middle of the night?”
Fiske dropped his reply brief in front of Williams.
“Since I only had about five minutes to read your brief, I thought I’d return the favor. You can read along with the judge.”
Walters finished reviewing the file and gave Williams a stare that chilled even the most casual observer in the courtroom.
“I hope the commonwealth has an appropriate response to this, Mr. Williams, although I’m at a loss as to what it could possibly be.”
Williams rose from his chair. As he tried to speak, he suddenly discovered that his voice, along with his hubris, had deserted him.
“Well?”
Judge Walters said expectantly.
“Please say something or I’ve a mind to grant Mr. Fiske’s motion for sanctions before I’ve even heard it.”
When Fiske glanced over at Williams, his expression softened somewhat. You never knew when you might need a favor.
“Your Honor, I’m certain the factual and legal errors in the commonwealth’s motion are due to the overworked lawyers there rather than anything intentional. I’ll even cut my settlement offer to five hundred dollars, but I’d like a personal apology from the commonwealth on the record. I really could’ve used some sleep last night.”
That last comment brought laughter from around the courtroom.
Suddenly a voice boomed out from the back of the courtroom.
“Judge Walters, if I may intercede, the commonwealth will accept that offer.”
Everyone looked at the source of