Copyright © 2022 James Russell Stoakes
All rights reserved.
http://JamesStoakes.com
The bailiff spoke loud and clear to be heard above the din of the room. “All rise for the honorable judge Mckay.” Before he was done speaking, a tiny black-robed woman rushed past him and up onto the chair behind the bench. She banged the gavel twice as she seated herself. Then, scowling at Kevin, she said, “Be seated. It seems this has turned into a plea hearing.” Shuffling some papers around in front of her, she continued, “This is a mess! Counselors, approach the bench, please.”
The prosecutor and Kevin’s lawyer approached the bench. As they did, the judge’s scowl deepened.
“I do not like this,” the judge said to the prosecutor, indicating the plea deal. She pushed it towards them. “Unacceptable,” she said, “but I’ll take it on advice.”
“You can’t do that!” Kevin’s lawyer protested.
Judge Mckay’s eyebrows shot up. “Can’t I?” she mocked him and chuckled. “I am still in charge here. Go sit down.”
Kevin’s lawyer was about to argue but thought better of it and returned to his seat. He whispered into Kevin’s ear.
“What the hell?” Kevin burst out and glared at the judge.
“Let us get started,” Judge Mckay said, looking over the plea deal in front of her. “According to this, you admit to stealing from your mother.” She turned the page. “And it seems you have some assets. Hmm. The payment schedule that you have worked out is the problem here. Repayment over twenty years? I don’t think so, but I see Mrs. White agreed with this; is Mrs. White here today?”
In the gallery, Alice stood, “I am here,” she said, but, despite standing, she still clutched her daughter’s hand.
“Oh, good,” Judge Mckay said. “That makes this much easier. Please join us in my chambers. I’m not going to accept this deal as is.”
The defense lawyer stood. “I object! This is highly irregular, your honor.”
“Overruled,” Judge Mckay said without even looking at him. “While I agree it is irregular, it is within my purview to do so. Therefore, there will be a one-hour recess while we sort things out.” Judge Mckay stood and began walking towards the chambers. “Bailiff, escort Mrs. White, the prosecutor, and the defense to my office.”
The bailiff nodded and moved to retrieve Alice.
Everyone was already seated when Alice entered the room. The Bailiff closed the door behind her, where everyone sat at an oval table. The judge sat opposite the lawyers and Kevin at the far end.
“Take a seat, Mrs. White,” Judge Mckay said.
Alice took the proffered chair at the opposite end of the table from Kevin. Kevin remained silent, but his scowl gave away his state of mind.
“As I said,” Judge Mckay started, “I don’t like the plea deal as presented. The repayment must be more immediate.”
Kevin was about to say something, but his lawyer held his hand up to warn him not to speak. “What did you have in mind?” the lawyer asked.
Judge Mckay indicated the sheet in front of her. “Kevin has some assets that could be liquidated to pay his debt. Previous interviews revealed that some of those assets, for instance, his restaurant, were supported by the funds he stole. That building, or the business, could be sold for repayment.”
Kevin, unable to control himself any longer, burst out, “If I sell the business, how will I get by?”
The Judge cast a dark glare at Kevin. “That is not my concern,” she said. “However, I am concerned that there was no mention of rehabilitation for Kevin’s drug addiction in the plea deal.” As she spoke, her glare turned to the prosecutor, which caused him to squirm a little.
“Drug addiction?” Alice asked, confused.
Judge Mckay looked towards Alice. “You didn’t know?” she asked. “One of the things revealed during the investigation was Kevin’s dependence on stimulants and opioids. This is one of the reasons that I do not believe a twenty-year repayment schedule will work.”
“So you want Mr. White to sell his assets, attend rehabilitation, and pay his mother back in one lump sum?” Kevin’s lawyer asked while jotting some notes on a pad of paper. “Is that everything?”
“I’d like to add a one-year sentence as well,” Judge Mckay stated. Alice and Kevin gasped. “What do you think, Alice?” she asked.
“It’s too much. I’m disappointed in my son, but I’m not angry enough to want him locked up,” Alice stated.
Judge Mckay watched Kevin as Alice spoke. He lowered his head as his mother said her piece. “How about a suspended sentence with one year of probation and monthly drug testing to begin after completing substance abuse rehabilitation.”
Alice nodded her assent.
Kevin looked to his lawyer for permission to speak. “What are your thoughts,” his lawyer asked him.
“I am ashamed of what I have done,” Kevin said softly. “I had hoped to get off with a lesser punishment, but that was selfish. I deserve this and probably more. Is there a timeline associated with getting everything accomplished?”
“There is,” Judge Mckay said. “I’ll work that out with your attorney. Unfortunately, your case is not unique. There are printed guidelines for applying for rehabilitation and the procedures you have to follow for reporting. I’ll make sure they are provided to you as well.”
Judge Mckay wrote a few things down on a sheet of paper. “Mr. Brandon,” she said as she wrote, “Fix your plea deal and have it on my desk by 3pm. Are you clear on the details?”
“I am,” Kevin’s lawyer said, surprised. “I’ll get it done.”
Standing, Judge Mckay said, “I have to get back to the courtroom for the next case. You may exit the door to the hallway when you are ready.”
She turned and walked to the courtroom door and knocked twice.
Moments later, “All rise for the honorable judge Mckay” could be heard from the other side of the door. Judge Mckay opened the door and strolled out with the door closing gently behind her.
Alice stood to leave. The awkwardness of the situation was not lost on her. “Have a good day, gentlemen,” she said as she strode to the door as quickly as her legs would carry her. Kevin never looked to her. His head was hung down in shame. With her hand on the doorknob, Alice said, “If you genuinely regret what you have done, Kevin, ask for the restraining order to be removed. I’ll agree to it. You are still my son after all is said and done.” Alice did not wait for a response; she turned the knob and left.
Upon exiting the room, Alice was swarmed by Sarah and Karen. Both of them rushed over to give her a hug. “Are you okay?” they asked.
Alice was fighting a roller coaster of emotions as she responded. “I’m fine. Just a little sad and greatly relieved that this is done.”
“Let’s get some food. You look like you could use a pick-me-up,” Karen said.
“I could use a coffee. That’s what I need,” Alice said with a laugh. “Let’s go!”