Rogue Lawyer Read online
My name is Sebastian Rudd, and though I am a well-known street lawyer, you will not see my name on billboards, on bus benches, or screaming at you from the yellow pages. I don’t pay to be seen on television, though I am often there. My name is not listed in any phone book. I do not maintain a traditional office. I carry a gun, legally, because my name and face tend to attract attention from the type of people who also carry guns and don’t mind using them. I live alone, usually sleep alone, and do not possess the patience and understanding necessary to maintain friendships. The law is my life, always consuming and occasionally fulfilling. I wouldn’t call it a “jealous mistress” as some forgotten person once so famously did. It’s more like an overbearing wife who controls the checkbook. There’s no way out.
These nights I find myself sleeping in cheap motel rooms that change each week. I’m not trying to save money; rather, I’m just trying to stay alive. There are plenty of people who’d like to kill me right now, and a few of them have been quite vocal. They don’t tell you in law school that one day you may find yourself defending a person charged with a crime so heinous that otherwise peaceful citizens feel driven to take up arms and threaten to kill the accused, his lawyer, and even the judge.
But I’ve been threatened before. It’s part of being a rogue lawyer, a subspecialty of the profession that I more or less fell into ten years ago. When I finished law school, jobs were scarce. I reluctantly took a part-time position in the City’s public defender’s office. From there I landed in a small, unprofitable firm that handled only criminal defense. After a few years, that firm blew up and I was on my own, out on the street with plenty of others, scrambling to make a buck.
One case put me on the map. I can’t say it made me famous because, seriously, how can you say a lawyer is famous in a city of a million people? Plenty of local hacks think they’re famous. They smile from billboards as they beg for your bankruptcy and swagger in television ads as they seem deeply concerned about your personal injuries, but they’re forced to pay for their own publicity. Not me.
The cheap motels change each week. I’m in the middle of a trial in a dismal, backwater, redneck town called Milo, two hours from where I live in the City. I am defending a brain-damaged eighteen-year-old dropout who’s charged with killing two little girls in one of the most evil crimes I’ve ever seen, and I’ve seen plenty. My clients are almost always guilty, so I don’t waste a lot of time wringing my hands about whether they get what they deserve. In this case, though, Gardy is not guilty, not that it matters. It does not. What’s important in Milo these days is that Gardy gets convicted and sentenced to death and executed as soon as possible so that the town can feel better about itself and move on. Move on to where, exactly? Hell if I know, nor do I care. This place has been moving backward for fifty years, and one lousy verdict will not change its course. I’ve read and heard it said that Milo needs “closure,” whatever that means. You’d have to be an idiot to believe this town will somehow grow and prosper and become more tolerant as soon as Gardy gets the needle.
My job is layered and complicated, and at the same time it’s quite simple. I’m being paid by the State to provide a first-class defense to a defendant charged with capital murder, and this requires me to fight and claw and raise hell in a courtroom where no one is listening. Gardy was essentially convicted the day he was arrested, and his trial is only a formality. The dumb and desperate cops trumped up the charges and fabricated the evidence. The prosecutor knows this but has no spine and is up for reelection next year. The judge is asleep. The jurors are basically nice, simple people, wide-eyed at the process and ever so anxious to believe the lies their proud authorities are producing on the witness stand.
Milo has its share of cheap motels but I can’t stay there. I would be lynched or flayed or burned at the stake, or if I’m lucky a sniper would hit me between the eyes and it would be over in a flash. The state police are providing protection during the trial, but I get the clear impression these guys are just not into it. They view me the same way most people do. I’m a long-haired roguish zealot sick enough to fight for the rights of child killers and the like.
My current motel is a Hampton Inn located twenty-five minutes from Milo. It costs $60 a night and the State will reimburse me. Next door is Partner, a hulking, heavily armed guy who wears black suits and takes me everywhere. Partner is my driver, bodyguard, confidant, paralegal, caddie, and only friend. I earned his loyalty when a jury found him not guilty of killing an undercover narcotics officer. We walked out of the courtroom arm in arm and have been inseparable ever since. On at least two occasions, off-duty cops have tried to kill him. On one occasion, they came after me.
We’re still standing. Or perhaps I should say we’re still ducking.
At 8:00 a.m. Partner knocks on my door. It’s time to go. We say our good mornings and climb into my vehicle, which is a large black Ford cargo van, heavily customized for my needs. Since it doubles as an office, the rear seats have been rearranged around a small table that folds into a wall. There is a sofa where I often spend the night. All windows are shaded and bulletproof. It has a television, stereo system, Internet, refrigerator, bar, a couple of guns, and a change of clothes. I sit in the front with Partner and we unwrap fast-food sausage biscuits as we leave the parking lot. An unmarked state police car moves in front of us for the escort to Milo. There is another one behind us. The last death threat was two days ago and came by e-mail.
Partner does not speak unless spoken to. I didn’t make this rule but I adore it. He is not the least bit bothered by long gaps in the conversation, nor am I. After years of saying next to nothing, we have learned to communicate with nods and winks and silence. Halfway to Milo I open a file and start taking notes.
The double murder was so gruesome no local lawyer would touch it. Then Gardy was arrested, and one look at Gardy and you know he’s guilty. Long hair dyed jet-black, an astonishing collection of piercings above the neck and tattoos below, matching steel earrings, cold pale eyes, and a smirk that says, “Okay, I did it, now what?” In its very first story, the Milo newspaper described him as “a member of a satanic cult who has a record of molesting children.”
How’s that for honest and unbiased reporting? He was never a member of a satanic cult and the child molestation thing is not what it seems. But from that moment Gardy was guilty, and I still marvel at the fact that we’ve made it this far. They wanted to string him up months ago.
Needless to say, every lawyer in Milo locked his door and unplugged her phone. There is no public defender system in the town—it’s too small—and the indigent cases are doled out by the judge. There is an unwritten rule that the younger lawyers in town take these low-paying cases because (1) someone has to and (2) the older lawyers did so when they were younger. But no one would agree to defend Gardy, and, to be honest, I can’t really blame them. It’s their town and their lives, and to rub shoulders with such a twisted murderer could do real damage to a career.
As a society, we adhere to the belief in a fair trial for a person accused of a serious crime, but some of us struggle when it comes to the business of providing a competent lawyer to guarantee said fair trial. Lawyers like me live with the question “But how do you represent such scum?”
I offer a quick “Someone has to” as I walk away.
Do we really want fair trials? No, we do not. We want justice, and quickly. And justice is whatever we deem it to be on a case-by-case basis.
It’s just as well that we don’t believe in fair trials because we damned sure don’t have them. The presumption of innocence is now the presumption of guilt. The burden of proof is a travesty because the proof is often lies. Gui