Overkill. Joseph Teller

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СКАЧАТЬ it abundantly clear that it was a defense only to murder, not to manslaughter. In other words, it was a partial defense, permitting a jury to knock the crime down a notch, but not to forgive it altogether.

      Not that it wasn’t a start. A murder conviction would mean a mandatory life sentence, with the minimum to be set by the judge at anywhere from fifteen to twenty-five years. A sentence for first-degree manslaughter, on the other hand, had to be a determinate—or fixed—one, and could range from as little as five years to as many as twenty-five, again depending on the judge’s discretion.

      So in his mind, Jaywalker had already figured out a way to avoid a life sentence for Jeremy, even if a term of twenty-five years still loomed as a very real possibility. But he’d accomplished something else, too. He’d found the key with which he might just be able to unlock Katherine Darcy’s stranglehold on the case. She could talk all she wanted to about the case being an execution, and how she’d never offer a Man One on it. But Jaywalker no longer needed her to do that; a jury could do it on its own, without her blessing and even over her objection.

      Which, of course, Jaywalker would be sure to point out to her, next time they met. But he felt no particular need to rush back to see her. He might not exactly be in the driver’s seat yet, but at least he was no longer being dragged along bodily, clinging to the back bumper.

      The following Wednesday they appeared in Part 55 before the man who, for better or for worse, was to be their trial judge. Unlike Judge McGillicuddy, who worked in an “up front” part and sent cases out after a single appearance, Harold Wexler would hold on to the case forever. Forever being a relative term, but not all that relative. In Jeremy Estrada’s case, it would include all pretrial proceedings and hearings, the trial itself, if there was to be one, and the sentencing in the event the prosecution prevailed, which was about eighty percent of the time generally, though only about ten percent of the time if Jaywalker happened to be representing the defendant. Only after all that would the case finally leave Part 55 to begin its climb through appellate courts manned by other judges.

      Actually, to say, “They appeared in Part 55,” while technically true, would be pregnant with omission. A more instructive way of phrasing it would be, “Jaywalker appeared in Part 55 before Katherine Darcy did.”

      Jaywalker had been knocking around 100 Centre Street for more than twenty years. It was his home court, as he liked to call it, and he knew the players. He especially knew the judges, because it was his business to. Not that he socialized with them; Jaywalker didn’t socialize with anybody if he could help it. But he’d known a lot of the judges from back when they’d been colleagues of his at Legal Aid or adversaries in the D.A.’s office. Together they’d grown up in the system, often battling, sometimes brutally, but never personally. Jaywalker’s occasional antics might drive some of them crazy, but not one among them doubted that if the police were ever to come banging on the door after midnight, his would be the number they’d call.

      Jaywalker had known Harold Wexler as an angry young civil rights lawyer, long before he’d become an angry middle-aged judge. As bright as anyone on the bench and as well-read in the law, he too often fell victim to his own impatience and his inability to suffer fools, be they defendants, defenders, prosecutors or innocent bystanders. He appreciated good lawyering when he saw it in his courtroom, and he saw it unfailingly in Jaywalker. Those he didn’t see it in, he attacked with a biting wit, his sarcasm projecting to the farthest row of the audience. A lawyer who hadn’t done his homework could expect to be told, “I see you’ve avoided the dangers of over-preparation, Mr. Jacobs.” Another, forced to answer “No” when asked if she was ready for trial, might hear, “Well, at least that has the virtue of clarity.”

      Generally, Jaywalker had learned, you got a fair trial from Harold Wexler. But he tended to get emotionally involved in his cases. If your client was truly sympathetic, Wexler could be your best friend. But if he decided your client was a total slimebag who deserved to be locked up for the remainder of the century, you were in for a long week or two.

      It mattered.

      And because it mattered, Jaywalker had made it a point to arrive at Part 55 that morning neurotically early, so early that the doors hadn’t even been unlocked by the court officers. Jaywalker knew them, too, and the clerks and interpreters and stenographers and corrections officers. They knew him and liked him, and it made his job easier in a hundred little ways.

      So once the doors had been unlocked and the other early arrivals had begun trickling in, the clerk mentioned to Judge Wexler that Mr. Jaywalker was there on Jeremy Estrada’s case.

      “Why don’t you come up and tell me about it?” said the judge.

      Which, of course, was the whole idea.

      Katherine Darcy, meanwhile, was nowhere in sight. So a younger assistant joined Jaywalker at the bench, an assistant who had a file but knew absolutely nothing about the case. He kept glancing toward the front door, hoping Ms. Darcy would show up and rescue him.

      “What do we have here?” the judge wanted to know.

      “What we have,” said Jaywalker, “is a seventeen-year-old kid who makes the mistake of falling in love. A local gang of thugs rewards him by tormenting him for three months, placing him under virtual house arrest. Finally, he sees one of them alone. They have a fistfight, which by all accounts the defendant wins. But the other guy turns out to be a poor loser. According to my guy, he pulls a gun, they struggle over it, my guy gets it away from him and shoots him. Unfortunately, his aim happens to be very good.”

      Wexler looked to the young A.D.A., but the poor guy was busy leafing through the file, trying his best to decipher handwritten notes.

      “It’s Katherine Darcy’s case,” said Jaywalker. “She’s going to tell you it’s a no-plea case, an execution.”

      “And you? What are you going to tell me?”

      “I’m going to tell you that if it’s not justification, it’s certainly extreme emotional disturbance. To me it’s a Man One, five years.”

      “Here comes Ms. Darcy now,” said the young assistant. All eyes turned to see her hurrying up the aisle like a bride late for her own wedding.

      “Looks like I missed something,” she said.

      “Feel free to arrive in my courtroom at nine-thirty,” Judge Wexler told her, “and I assure you you’ll miss nothing.”

      “Sorry.”

      Not that the judge didn’t give Katherine Darcy a chance to explain her view of the case. He did, and she placed the gun in Jeremy’s hand, not Victor’s, and described how he’d delivered the final shot to a victim who lay helpless on the ground, begging for mercy.

      At that Wexler turned to Jaywalker and said, “There goes your justification defense.”

      “That’s why I told you Man One and five years.”

      “No way,” said Darcy.

      The judge gave her a hard look. “You really see this as a no-lesser-plea case?”

      “Absolutely,” she said, trying to trump his skepticism with complete certainty.

      Jaywalker said nothing. But he did look up at the ceiling, his not-so-subtle substitute for rolling his eyes in exasperation.

      “I see cases like this all the time,” said Wexler. “Two guys, one girl, much too much testosterone. СКАЧАТЬ