David Baldacci - Memory Man

Abernathy sat and so did they.

The door to the right opened. The holding cell was kept there, Decker knew.

Out stepped Sebastian Leopold in his bright orange jumpsuit, his hands and feet chained, with two burly uniforms on either side of him. He performed the shackle shuffle as he walked. He looked around the large high-ceilinged courtroom as though he was not fully cognizant of where he was or what he was doing here.

He was escorted to the counsel table, although there was no counsel there.

Decker leaned in to Miller. “PD?”

Miller shook his head and mouthed, “Apparently not.” He did not look happy about this. Not happy at all.

The uniforms removed the shackles and stepped back.

The bailiff rose, picked up a docket sheet, and called the case and read out the charges that Leopold was facing. Then, his duty completed, he stepped back with the mechanical movement of a cuckoo clock figure returning to its hiding place.

Abernathy adjusted his glasses and peered down at the prosecuting attorney.

“Ms. Lynch?”

Lynch rose, adjusted her shirt cuffs, and said, “Mr. Leopold has been charged with three counts of murder in the first, Your Honor. He has no known address and his ties to the community are apparently nonexistent. In light of the serious charges, we request no bail be set and that he be remanded to the county jail until trial.”

Well, thought Decker, that was all to be expected. They weren’t about to cut the man loose.

Abernathy turned to Leopold and peered down at him from his high perch. Then he shot a glance back at Lynch.

“Where is Mr. Leopold’s counsel, Ms. Lynch?”

Lynch cleared her throat and said, “He was not able to afford counsel and a public defender was appointed to represent him. However, Mr. Leopold refused those services. Numerous times, I might add.”

Abernathy’s gaze swiveled back to the accused. “Mr. Leopold, do you understand the charges that have been read to you?”

Leopold looked around as though he was wondering to whom Abernathy was speaking.

“Mr. Leopold, do you not want counsel?” asked Abernathy sharply.

Leopold turned to face him, shook his head, and said, “I got no money.”

“That’s why we have public defenders, Mr. Leopold,” Abernathy said testily. “They’re free . You can thank the Supreme Court’s interpretation of our Constitution for that. I will set this arraignment aside for now until one is provided for—”

“I did it, sir,” said Leopold, interrupting.

Abernathy gazed down at him as though the defendant were a mildly interesting bug lying on the sidewalk. “Excuse me?”

“I done it, so I don’t need a lawyer.”

“Are you telling me that you’re pleading guilty to three homicides in the first degree?”

“I killed them, so yes sir, I guess I am.”

Abernathy took a moment to clean his glasses, as though that would make what was happening a bit clearer. After settling them on his long, crooked nose, he said, “This is hardly the time for guessing , Mr. Leopold. These are serious charges, indeed the most serious of all. Are you aware that not only your freedom is at risk here, but also your life? This is a capital case.”

“You mean the death penalty?”

Abernathy looked like he might stroke. “Yes. Of course that’s what I mean, Mr. Leopold!”

“Well, I’m pleading guilty ’cause I done it. So I guess we don’t need no trial.”

Abernathy looked back at Lynch and said in an admonishing tone, “Ms. Lynch, I find this reprehensible.”

“Judge Abernathy, we tried our best. Mr. Leopold refused all entreaties to—”

Abernathy looked over Lynch’s shoulder and spotted Miller. With a slow wave of his hand he beckoned the police chief forward.

“Shit,” muttered Miller.

He stood, passed in front of Decker and Lancaster, and hurried up to the bench along with Lynch.

Decker watched as the police captain, prosecutor, and judge engaged in a heated discussion. Well, actually Abernathy was doing most of the talking. It seemed the judge was quite animated, and gesticulated twice at Leopold.

Miller nodded and said something. Lynch did the same and they hastily returned to their seats, each looking upset.

When Decker looked at him questioningly, Miller shook his head and said, “Later.”

Abernathy said to Leopold, “I’m ordering you to be returned to your cell for now. A public defender will be appointed to represent you. You will then be returned to this court for your arraignment tomorrow morning.” He glanced at Lynch. “And get the psych eval done promptly, Ms. Lynch. Understood?” She nodded, her gaze refusing to meet his. Abernathy said, “Officers, please remove the defendant.”

He rapped his gavel down. The two uniforms immediately came forward, shackled a confused looking Leopold, and led him back out.

Abernathy said to the bailiff, “Call the next case, please. And I trust he will have counsel.” As he said this he shot first Lynch and then Miller a withering look.

Decker, Lancaster, and Miller rose and headed out as the second prisoner was led in for his hearing.

The reporter had already left.

Out in the hall a scowling Lynch came over to Miller.

She said, “I don’t like getting my ass handed to me in court, Mac.”

“We couldn’t force him to accept a lawyer, Sheila. You were in the middle of it. You know.”

“Well, he’s getting one whether he likes it or not, if only to enter a guilty plea.” She shot Lancaster and then Decker a glance. “Hello, Amos, I guess I’m not surprised to see you here.”

“I guess not,” replied Decker.

Lynch turned back to Miller. “Since Abernathy’s ordered a psych eval, I’m not sure he’ll be able to plead to anything if the eval comes back like I think it might.”

“You mean mentally unfit,” said Lancaster.

“You’ve seen the guy. You think he’s all there?”

“Maybe he was sixteen months ago,” said Decker.

“Doesn’t matter if he’s not legally competent to stand trial now.”

She turned and hurried off, her briefcase banging against her thigh.

Decker turned to Miller. “So?”

“So we got read the riot act by Abernathy. He was pissed that Leopold had no PD, and he’s right. Death penalty case with no lawyer? Whatever happened at this level would get overturned on appeal automatically. And Abernathy does not like to get overturned by the appellate court. That’s why he was ticked off. I think he thought we were setting him up. As if.”

“So why wasn’t a PD appointed?” asked Decker.

“Like Lynch said, Leopold didn’t want one. He was totally uncooperative. Kept saying he did it so why did he need a lawyer. We had our hands full with Mansfield or else we would have handled it differently. We basically dropped the ball there.”

Decker stuffed his hands into his pockets and let his chin fall to his chest. “So you lawyer him up, he comes back in, pleads guilty, and then what?”

“Well, hopefully his lawyer will convince him to plead not guilty just so it looks better. We can talk about a deal and see what comes of it. But we also have to see what the psych eval says. If he’s unfit it throws a monkey wrench into things.”

“And if he isn’t guilty?” asked Decker.

“Do you think he is ?” asked Miller.

“I met with the guy once. I can’t say definitely what I think.”

“Well, none of this is going to happen today. So we’ve got time.” Miller glanced at Lancaster. “You better get back to Mansfield. I hear the FBI is working hard to take over the case.”

“And if they want to can we really stop them?” asked Lancaster.