Page 53 of The Right to Remain

“I see,” said the judge. It was becoming his go-to response on a subject matter that seemed outside his comfort zone.

“Fortunately, Florida law resolves this issue for us,” said Jack. “Detainees are assigned to a correctional facility that aligns with their biological sex at birth.”

“Ms. Weller, is the State of Florida in agreement?”

“Yes, we agree that the defendant should be in a women’s facility. However, now that we’ve broached the subject, we need to consider the safety of other women inmates.”

“My client has no history of violence,” said Jack.

“He’s a transman,” said Weller. “If you were a female inmate, how would you feel about sharing a cell with a man?”

“Are you arguing that Mr. Stafford should be placed in solitary confinement?” the judge asked.

“Yes, absolutely.”

Jack was taken aback. “Judge, if we were talking about a trans woman incarcerated with hundreds of men, solitary confinement for her own safety could make sense. But the prosecution’s hypothetical fear that Mr. Stafford puts female inmates at risk is, frankly, disingenuous. My client has had gender-affirming hormonal therapy but only limited surgery, at this point.”

“Speak plain English to me, Mr. Swyteck.”

Jack explained the way he might to hisabuela.“My client does not have male parts below the waist.”

“I see,” said the judge. “Uh, I mean, well, I don’t actuallysee.Frankly, I’m even having trouble imagining, but—”

“The State of Florida’s position is unchanged,” said the prosecutor,saving the judge from himself. “Mr. Stafford should be in solitary, away from the general female population.”

Julianna Weller was a pit-bull prosecutor, but Jack had not expectedthis.

“Judge, this is pretrial detention. My client is presumed innocent. We don’t automatically punish gender dysphoria with solitary confinement.”

“I’ve heard enough,” said the judge. “This sidebar is over. I’m ready to rule.”

The lawyers returned to their places, and the judge announced his decision to the entire courtroom.

“One week from today, this court will conduct an Arthur hearing to determine whether an exception to the rule of ‘no bail in a murder case’ is warranted. In the meantime, Mr. Stafford”—he caught himself, seemingly troubled by the prefix—“the prisoneris assigned to the women’s wing of Turner-Guilford-Knight Correctional Center.”

TGK housed over a thousand inmates, about three hundred of them women. It wasn’t Jack’s preference. “Your Honor, we would request Miami-Dade Women’s Detention Center.”

Weller immediately objected. “That’s minimum security. Accused murderers don’t go to MDW.”

“My decision is Turner-Guilford-Knight. The defendant will be assigned to the general population unless, upon examination by qualified staff the, uh—how should I say?—the state of affairs is not as Mr. Swyteck represented to this court in our sidebar. Next case,” the judge said, with a bang of his gavel.

A deputy arrived immediately to whisk Elliott away. The next prisoner on the docket replaced him, and the assigned public defender nudged Jack out of the way. Jack walked alongside Elliott toward the prisoner exit at the side. At least a dozen people, including deputies in uniform, were within earshot, so Jack had to be careful what he said.

“Elliott, I’ll contact the correctional center and arrange an attorney-client conference where we can speak in private. Meanwhile, don’t talkabout your case to anyone inside the facility. Not toanyone. That’s very important. Do you understand me?”

Elliott didn’t answer. The deputy opened the exit door. Elliott left the courtroom, and Jack followed him and the deputy to a waiting elevator.

“Elliott, do you understand?” asked Jack.

Elliott and the deputy entered the elevator. Elliott turned around, facing Jack, but said nothing. The double doors rattled as they closed, and the motor rumbled as the car began its descent to the prisoner exit.

Jack was alone with the MDPD officer whose job was to mind the traffic from the chute to the courtroom.

“Don’t take it personally,” the officer said. “From what I hear, he never said nothing during intake either.”

It was a casual remark, but Jack didn’t take it casually. It made him realize that his client hadn’t spoken a word to him since promising to take the Fifth.

“I’ll keep that in mind,” said Jack, and he returned to the courtroom.