Page 117 of The Right to Remain

Jack had expected CJ to be less forthcoming in court than he had been in their conversation in his home. But Jack needed his testimony, and this game-playing would only destroy his credibility. Jack had to shut it down.

“Your Honor, I believe what Mr. Vandermeer is trying to say is that he is invoking his Fifth Amendment right.”

The judge was not amused. “Is that true, Mr. Vandermeer? Are yourefusing to testify based on your Fifth Amendment right against self-incrimination?”

CJ scoffed. “I refuse to participate in a kangaroo court proceeding that makes a mockery of the wordjustice.”

Judge Garrison’s face reddened. “Mr. Vandermeer, you are edging dangerously close to contempt of court.”

“How could any reasonable human being feel anything less than contempt toward this court?”

The judge seemed ready to explode, then checked his anger. “Mr. Vandermeer, are you represented by counsel today? I’m giving you fair warning: If this keeps up, you are going to need a lawyer.”

“Alawyer,” he said, scoffing. “The rich man’s privilege. If I was like most people who get chewed up every day by this system, I’d get ten minutes in the hallway with a public defender who has hundreds of other cases, who barely has time to explain the deal the prosecutor is offering me, much less defend me. If I was like most people in this system, I’d barely understand what my lawyer was saying because of my substance abuse, mental health problems, or functional illiteracy. If I was like most people, my lawyer would have no idea what I want, feel, or think. Which is all fine with you pricks in the black robes. My constitutional right to counsel doesn’t even guarantee that the shit my lawyer tells me is accurate.”

“That’s quite enough!” said the judge angrily.

CJ’s gaze suddenly landed on Jack.

“Hell, the Constitution doesn’t even require my lawyer and me to have an actual conversation, does it, Swyteck?”

The judge raised his gavel. “One more word, and this court will hold you in contempt.”

“I stand with you, Elliott!” he shouted. “I invoke silence to fight a system that serves the rich and silences the poor! I support your speech strike. I take the Fifth!”

CJ’s followers applauded from the gallery, hooting and hollering their support.

“Order!” the judge shouted.

CJ leapt to his feet, pumping his fist in the air, leading a chant: “Fifth Strike! Fifth Strike! Fifth Strike!”

The crack of the gavel was like a jackhammer. “Mr. Vandermeer, you are in contempt! Deputies, take the witness downstairs for booking. The prisoner is hereby remanded to the Turner-Guilford-Knight Correctional Center until further order of this court.”

“Fifth Strike! Fifth Strike!” the crowd continued.

A pair of uniformed officers came forward. CJ was handcuffed and escorted to the side exit, where the prisoners-only elevator would take him down to the intake center.

“Fifth Strike!”

“Order!” the judge shouted, adding a final and deafening crack of the gavel. “If any of you minions in the gallery would like to join Mr. Vandermeer, all it takes is one more peep.”

Silence fell over the courtroom. Jack returned to his chair beside his client and whispered, “Did you have anything to do with this?”

Elliott, as usual, had nothing to say to him.

The judge cleared his throat loudly. “Mr. Swyteck, unless you have another witness, I am prepared to deny your motion for reconsideration and return Mr. Stafford to custody pending trial.”

Jack glanced at the prosecutor, who was beyond smug. She appeared to be on the verge of a belly laugh. As Jack rose to address the court, he wanted nothing more than to turn the tables.

“Your Honor, the defense requests a recess until tomorrow morning. I wish to re-call Helena Pollard to the witness stand.”

The prosecutor rose. “Judge, Ms. Pollard has already testified in this matter. This is becoming repetitive to the point of abuse.”

“Yes, Mr. Swyteck. Why are we replowing old ground?”

“Your Honor, the last time Mrs. Pollard was in this courtroom, she failed to mention that C. J. Vandermeer gave her a gun. She never mentioned that her gun curiously went missing on the day of her husband’s death. She never explained how this gun came to be buried in her yard. The law requires this court to release my client on bail unless the evidence establishes a ‘strong presumption of guilt.’ The court should hear Ms. Pollard’s answers to these questions and then make that determination.”

“Judge, the defense has already wasted enough of this court’s time with C. J. Vandermeer.”