Page 59 of The Right to Remain
Still nothing from Elliott.
“Is that what this is about, Elliott? I came down hard on you after your grand jury testimony. Defense lawyers do that. Sometimes we make it feel less likethe rightto remain silent and more like arequirement.I can see where that would make a person angry. It’s only natural that you want to tell your side of the story. So, now you’re giving me the silent treatment. Just like Righley.”
Silence.
Jack leaned forward, folding his hands atop the table, trying to get Elliott to look at him.
“There are two things I want to do for you, Elliott,” said Jack. “First, I want to make sure you’re safe for whatever length of time Judge Garrison makes you stay in a detention center. That might mean getting you moved to a different facility. Second, I want to win the Arthur hearing and convince Judge Garrison to release you on bail as soon as possible. I can’t accomplish either of those things if you won’t talk to me.”
It was frustrating, but Jack could see that he was not breaking through.
“Let me be more specific,” said Jack. “The law requires the state attorney to share with us the evidence that Julianna Weller presented to the grand jury. I received the first production this morning. What caught my eye were the phone records from the landline at the Pollard residence. There were two phone calls from the Pollards’ landline to your cell phone on the date of Owen Pollard’s death. One in the morning, and one right around the time Owen was shot. You want to tell me what that was about, Elliott?”
Nothing.
“Of course you don’t,” said Jack. “You’ve taken the Fifth, and you’ve taken it to the highest power. Silence to the police and prosecutor. To the judge at arraignment. To your fellow inmates at TGK. Silence evento your own lawyer and, apparently, to the rest of the world. For what? What does this accomplish?”
Jack waited a little longer for a response, but he got nothing.
“One last thing,” said Jack. “I don’t mean to get too philosophical on you, but you’re a smart guy, so stay with me on this. When clients assert their right to remain silent, defense lawyers like me think of it as empowering—our client is flexing his constitutional muscle. But we’re not oblivious to the fact that there’s a very different kind of silence built into this system. The silence that occurs when the accused speaks but is not heard. When his speech is devalued or misunderstood.”
Jack took a breath, then continued. “If I’ve pushed you into that kind of silence—if you’ve retreated into a dark place because I’ve made you feel like whatever you say doesn’t matter—I apologize for that.”
Jack gave his client a moment, but there was no acknowledgment of Jack’s presence in the room, much less of the apology.
Jack rose and walked to the door. He was about to call for the guard, then stopped.
“I guess there’s another possibility,” said Jack, and then he turned and looked back at Elliott. “A much simpler explanation is that someone threatened you into silence. Someone like Mona, who’s trying to stay out of trouble at TGK. Or maybe someone outside these walls who has a much bigger secret to hide.”
Jack watched his client closely from across the room, trying to detect any reaction. There wasn’t much of one, but Elliott did seem to raise his chin a millimeter, as if, finally, he was about to shift his gaze toward something other than the floor. Jack took that as progress. Maybe even an answer.
“Nice talking with you, Elliott.”
Jack called for the guard, the door opened, and he left the room without another word.
Chapter 20
Thursday began with a surprise. Jack found himself in Judge Garrison’s courtroom on short notice. The hearing was at the prosecution’s request. Jack wasn’t just defending Elliott. He was also defending himself.
“Counsel, I have fifteen minutes before the start of my next jury trial,” the judge said from the bench. “Make this quick.”
Jack rose. He was at the defense table, but the chair beside him was empty. “Judge, I’m still waiting for my client. The morning bus has not yet arrived from TGK.”
“Then take good notes, Mr. Swyteck, becausethisbus is leaving the station right now. Ms. Weller, it’s your motion. Please, proceed.”
Weller rose and went to the podium. “Thank you, Your Honor. This is an unusual motion, but it is made necessary by the very unusual conduct the defendant has engaged in since his arrest.”
“Unusual in what way?” the judge asked.
“For lack of a better term, Mr. Stafford appears to have gone on a speech strike. He won’t talk to anyone.”
“Well, that’s a new one,” the judge said. “But why is that any concern of yours? If the defendant wishes to remain silent, in or out of the courtroom, that’s his constitutional right.”
“I understand,” said Weller. “But Mr. Swyteck informed the staff physician at TGK that Mr. Stafford also refuses to speak to him—his lawyer in this case.”
The judge turned his gaze toward Jack. “Is that true, Mr. Swyteck? Your client refuses to speak to you?”
“Judge, again, I fail to see how this is the prosecution’s concern.”