Posts Tagged ‘justice system’

As we sat in a waiting room before Frank’s scheduled court appearance, we chatted with the other two occupants of the room. One was a woman who was out on bond, on charges of embezzlement, and the other was a man who was out on bond, charged with attempted murder. He was tall, dark, and relatively nice-looking, dressed in a gray suit, white shirt and tie, so his revelation that he was accused of a violent crime came as a real surprise. What surprised me even more was that my brother was locked up for stealing a stupid toolbox, while this man was sitting in the waiting room with us. I couldn’t understand how that was fair at all.

We waited and waited, but Frank’s public defender, Mr. Wagner, was nowhere to be found. There was another public defender’s office near the waiting room, a Mr. Romano, and finally I poked my head inside his open doorway to see if he was there and might be able to help.

“Hi! I’m sorry to bother you, but I was wondering if you knew where Mr. Wagner is. He’s supposed to be here today for my brother’s case.”

“I’m not sure, but I can check for you. I’m Tony Romano. And you are . . .”

“Donna Delaney. Nice to meet you, Mr. Romano.”

“You can call me Tony. C’mon in, Donna, and have a seat. I’ll call and check to see where he’s at.”

“Thank you. Oh—I have a friend here with me, Natalie. Can she come in, too?”

“Sure, no problem.”

I waved to Natalie to join me, and we both waited in Tony’s office as he made a phone call. I couldn’t help noticing that the artwork in his office was all clowns—one a painting of a single clown, another a painting of the seven dwarves dressed as clowns, and even a clown statue lamp.

Tony hung up the phone. “I left a message with his office. Hopefully, we’ll hear back soon.”

“Thank you. So, you’re a public defender, too?” I asked.

“Yes, I am.”

“I don’t mean to be nosy, but I see you’re a big clown fan. Your office is full of them.”

“Well, they were gifts from a client. You’ve heard of John Gacy?”

I was stunned. “You mean John Wayne Gacy, the serial killer?”

“Yes, I was part of the team that had to defend him.”

“Wow! That’s creepy. I heard that he liked clowns, so I guess those pictures make sense now. What was it like defending him?”

“Creepy,” he said, and Natalie and I laughed. “The law provides everyone with a defense, so . . . let’s just say I was doing my job.”

“So, you did it because you had to. I can see how that would be hard, especially defending someone as obviously guilty as him. I wouldn’t want to do it.”

“Not one of my favorite jobs, that’s for sure. So, tell me about your brother?”

Natalie and I filled him in on some of the background of how Frank had come to live with me, the signs of drug addiction, his moving out and finding a job, and then his eventual downward spiral back to drugs and his arrest for stealing a toolbox.

“So he needs help for his drug addiction, not another jail term,” I told him. “Frank is not violent, he’s a coke addict. This is the first time he has asked for help with it, and I’m afraid if he just goes back to jail and gets out again, it will start all over.”

“That’s too bad. But it’s good that he has the two of you when he goes before the judge. Judges like to know that a defendant has someone who cares and can give them support.”

“But is there any way we can get them to send him to drug treatment instead of jail?”

“There’s no guarantee, but I would recommend that you write a letter to the judge, telling him of your concerns, and your brother’s drug history, and make a strong appeal to him to send your brother for treatment.”

The phone rang then, and Tonyanswered it. It wasn’t good news.

“Well, that was Mark’s office,” he told us. “Apparently he got hung up in another courthouse on a different case and won’t be able to make it today.”

That came as a complete surprise to me. I had no idea that your lawyer could just not show up for court.

“Are you kidding? But . . . now what? You mean we came here today for nothing? We . . . it’s not that easy to just take off work. And we can’t even see my brother!” Frustrated, I started to cry.

Tony grabbed a tissue off his desk and handed it to me. “I’m sorry, Donna. These things do happen. I’m sure it wasn’t intentional on Mark’s part.”

“But what happens now?” I asked, wiping away the tears.

“It will be continued with a new court date. Mr. Wagner will contact you with the new date.”

“Well . . . I guess there’s nothing else we can do. Thank you, Mr. Romano. I mean Tony. You’ve been so helpful.”

“Not a problem. Listen—here. Here’s my card. If you have any more questions about your brother’s case, I’d be happy to answer them for you if I can.”

“Thank you. I really appreciate your kindness.”

Natalie and I left, grateful to Tony but feeling dejected and helpless at the same time. We both missed Frank terribly and wanted to see him, even if it was just in court. And I was angry about taking an entire day off of work, without pay, for nothing. Still, it was futile to think about it too much.

We were at the mercy of the court system.

 

This is an excerpt from my book, “Relatively Criminal:  A Memoir