Page 52 of The Right to Remain

Elliott didn’t answer.

“He does,” said Jack, answering on his behalf.

“You have the right to remain silent,” the judge said, and as the recitation continued, Jack couldn’t help but think that if Elliott had listened to his lawyer and invoked that right at the grand jury proceeding, he might not be in court for arraignment.

“We’ll waive the reading of the charges,” said Jack.

“That’s fine,” said the judge. “Mr. Stafford, how do you plead?”

Again, no answer from Elliott.

Jack filled in the blank. “Not guilty, Your Honor.”

“So noted.” The judge’s gaze shifted to the other side of the courtroom. “Ms. Weller, what is the state’s position on bail?”

“Judge, second-degree murder with the use of a firearm is a first-degree felony, punishable by life in prison with a mandatory twenty-five-year minimum sentence. There is no bail for a life felony.”

“Ah, yes, of course,” said the judge. “No bail.”

“Your Honor, we believe bail is appropriate in this case,” said Jack.

“Are you requesting an Arthur hearing, Mr. Swyteck?”

An Arthur hearing—so named because it was established by the Florida Supreme Court in the case ofState v. Arthur—was the only way to get bail in a murder case. It was like a mini-trial before a judge, no jury, and if the prosecution failed to show a “great presumption” of guilt, the accused could be released on bail.

“We do request an Arthurhearing as soon as one can be scheduled,” said Jack. “But there is another matter that requires the court’s immediate attention.”

“Relating to what?”

“The terms of my client’s detention prior to the Arthur hearing.”

“Terms?” the judge said, raising an eyebrow. “This is pretrial detention, not a vacation.”

Anyone who’d seen the media coverage of the indictment already knew that Elliott was a transgender man, but that was far from the entire world. Jack felt obliged to protect what was left of his client’s privacy.

“Judge, may I approach the bench?”

It was an unusual request outside a jury trial, and the judge grumbled. “Mr. Swyteck, my stack of case files this morning is as long as my arm. I’ve ruled. The prisoner is remanded to the Miami-Dade County Pretrial Detention Center.”

The pretrial detention center housed about 1,800 prisoners—all men. Jack needed to press his point.

“Your Honor, my sidebar request is for a confidential matter relating to my client’s personal safety.”

“Oh, all right,” said the judge, waving the lawyers forward.

Jack spoke first. “Judge, remanding my client to an all-male facility is a problem.”

“Why?”

“He’s a transgender man.”

Judge Garrison wasn’t as old as Jack’sabuela, but he wasn’t far behind. “He’swhat?”

The prosecutor interjected. “His biological sex at birth was female.”

“I see,” said the judge. “I’ve had a few of those before, I think. Probably more than I’m aware of. It’s never been an issue at arraignment.”

“Probably because they came before you on bondable offenses. There’s no bail here.”