The Color of Justice

 The Color of Justice

     “Look Mr. Walker I’ve already offered your client a reasonable plea agreement of three months court supervision and a small fine. If your client behaves himself after three months the case is dismissed like it never happened. You know how these things work. What’s wrong with that?”

     Jamal Walker veteran defense attorney looked down at the young assistant state's attorney sitting at the prosecutor’s table. “What’s wrong with it is that the state still makes money on it at my client’s expense. That’s what’s wrong with it. Look Barron this whole case is silly. I know you're just starting out. I too started out in the state’s attorney’s office years ago and I know you’re looking to get a high conviction rate, that’s what you people do, but for God’s sake this is only a misdemeanor, littering. There’s no harm in dismissing it. It won’t reflect badly on you.” 

     “I’m sorry but my instructions are take a plea or go to trial.”

     Attorney Walker let out a deep breath and closed his eyes.

     “You gentlemen ready?” queried Judge Hauptman from the bench on high. “We’ve got a courtroom full of people here waiting for their turn counselors. Let’s get on with it. We don't have all day now do we. Do you have a plea agreement or not?”

     “No your honor,” both attorneys answered simultaneously.

    “All right call your first witness Mr. Von Heintz.”

    “The state calls Game Warden Wilhelm A. Frassa.”

    “Please swear in Officer Frassa bailiff,” instructed Judge Hauptman. 

   The bailiff did so.  Game Warden Frassa was a young man thirtyish, stocky and all muscle, clean shaven with light colored closely cropped hair.  His heavily starched uniform crinkled as he sat himself upright, stiff backed in the witness chair, his name tag and shiny badge prominently, proudly, displayed on his pleated ironed shirt.  “You may proceed Mr. Von Heintz.”

    “State your name and occupation please.”

    “Bill Frassa state game warden.”

     “Now game warden Frassa would you please tell the court what happened on December 24th at 10 a.m. of last year concerning you and the defendant Willie Jackson.”

     “Well I was working along the river in the vicinity of the area commonly known as ‘Swamp Town’ checking the backwaters there for people fishing without a license when I observed the defendant ice fishing by himself in one of the inlets there next to where all the houses are. I approached him and noticed that he had fish scattered around him and told him to pick them up.”

     “And what was his response.”

     “He asked me why. Why he had to pick up the fish?”

     “And what did you say?”

     “I said because you’re littering. That’s why.”

     “And what was his response?”

     “He said no he wasn’t littering and told me that beer cans, pop bottles, candy wrappers, cigarette butts were litter, not fish and wanted to know if I saw any beer cans, pop bottles, candy wrappers, or cigarette butts here. I  told him that I was the judge of what’s litter not him and that he better watch his mouth as I didn’t appreciate his attitude.”

     “Then what did he say?”

     “He got lippy and smart mouth with me. Said, ‘Oh is it against the law to have an attitude that you don’t like?’ Said it kind of all smirky and snarky like. Again I told him to clean up this mess and after numerous repeated requests he still refused to pick the fish and put them in his bucket. I was very patient with him and finally I gave him one last chance and when he gave me another one of his jive answers, I wrote him up.”

     “No further questions Your Honor.”

     “Your witness Mr. Walker.”

     “Thank you Judge. Officer Frassa did Mr. Jackson have a fishing license?”

     “I don’t know.”

     “Well you were checking for licenses that day weren’t you? That’s why you approached him in the first place, wasn't it?”

    “Yes but,” 

     Attorney Walker cut him off mid sentence. “But you didn’t check Mr. Jackson for a license did you?” 

    “No I didn’t.”

    “You were more concerned about all these fish laying around on the ice weren’t you? These ten or so bluegills no bigger than your hand all clogging up this backwater slough creating an eyesore weren’t you?”

    “I wasn’t more concerned but yes they were creating a mess.”

    “You didn’t gather up all these fish and bag them as evidence did you?”

    “Well I couldn’t because.”

    Again attorney Walker cut him off. “I didn’t ask you why you couldn’t Game Warden Frassa did I?  I asked you if you did. It calls for a yes or no answer. Did you collect any evidence of litter or not? Yes or no?”

    “No.”

    “So the evidence was left on the ice? Yes or no?”

    “Yes but.

     “No buts Mr. Game Warden Frassa. Yes or no. You didn’t collect the evidence did you?”

     “Objection. Counsel is badgering the witness Your Honor. Question’s been asked and answered,” interjected Baron Von Heintz.

     “Your Honor if I could explain for a second,” responded defense counsel Walker as he started to rise from his chair.

     “Sit down Mr. Walker. Gentlemen, let's not waste this court’s time with you two acting all lawyer like. This is a misdemeanor not a murder trial.”

      Then turning to  game warden Frassa the judge said, “Mr. Von Heintz can ask you for an explanation if he wishes Officer Frassa, otherwise just answer yes or no if asked to. You got that?”

     “Yes Judge.”

     Then to Mr. Walker,  “Are you finished Mr.Walker?”

     “Yes Your Honor.” 

     “Anything further Mr. Von Heintz?”

     “Yes Your Honor only one question.”

     “Proceed.”

     “Game Warden Frassa did Mr. Jackson ever pick up the fish?”

     “No he refused to do so and never did.”

     “Thank you. The state rests your Honor.”

     “Mr. Walker your turn.”

     “The defense calls the Defendant Willie LeRoy Jackson.”

     Willie LeRoy Jackson, fiftyish, a scrawny runt of an unshaven black man in his ill fitted, rumpled up, second hand suit, and stained tie, was sworn in and took the stand.

     “Mr. Jackson tell us please just exactly what transpired between yourself and Officer Frassa on Christmas Eve at 10 a.m. of last year.”

     “Well I was ice fishing by myself there in my neighborhood minding my own business when Officer Frassa comes over to me and gets in my face. Tells me I’m littering and to pick up the fish I caught. I tell him I ain’t littering and I’ll take my fish with me when I leave if you don’t mind. He minded he said and said that he didn’t trust me to do so. That that wasn’t good enough for him he said. So he orders me to pick them up right now and put them in my bucket. Again I tell him not worry about it and promise to do it when I leave. He starts ranting like a mad dog yelling that I’m being disrespectful of the law, that I’m a wisenheimer, whatever that is, and that he doesn’t like my attitude. So I told him I don’t care if he likes my attitude or not. That it ain’t against the law to have an attitude that you don’t like and I told him that I didn’t particularly care for his attitude.”

     Laughter and chortling erupted from the small packed courtroom. “No more outbursts or I’ll clear this courtroom,” warned Judge Hauptman. The crowd quickly regained its composure.

     “Then what happened Mr. Jackson?” asked attorney Walker.

     “The he gets right in my face, nose to nose, spitting and blathering what he’s gonna do to me. I back off and starts shouting it right back at him. We gets into this big old shouting match when he suddenly stops and he looks over my shoulder. I turn around and look behind me and I see a group of fishermen farther down the ice start running toward us. Then people start coming out of their houses to see what all the ruckus is about. Pretty soon we’re surrounded by about twenty people. Officer Frassa here gets all nervous like, goes over to his car and calls the real police. Tells them there’s a riot breaking out down in Swamp Town and to send a couple of squad cars asap with riot gear.  Well more people start showing up and coming out on the ice. There's about thirty of us out there now. The ice ain’t that thick yet and pretty soon the ice broke and we’re all flopping around like a fish out of water trying to get our balance in this freezing mucky gooey swamp water when the police arrive. It ain’t deep there only about four feet of water.”

     “Then what happened?”

     “Well the police helped get everybody out, they didn’t get wet though, including Officer Frassa who by the way who had locked himself in his car the whole time this was going on, and then they wrote up everyone for disorderly conduct, obstructing justice, rioting, mayhem, whatever they could think of. All this time all of us are standing out there in the freezing cold, in wet clothing, freezing our you know what’s off. Then after everyone got a ticket the police left. That’s about it?”

    “Did Game Warden Frassa say anything further to you?” Attorney Walker and his client had rehearsed what was about to come.

    “Oh yeah I almost forgot to say this. Thanks for reminding me. He saunters up to me, gets about six inches from my face and says real cutesy like, ‘I hope everybody enjoys their Christmas presents they got, compliments of you.’

    “Nothing further. Your witness Herr Von Heintz.” 

    Jamal Walker sat down in his seat. 

    Baron Von Heintz was about to rise from his seat when Judge Hauptman said, “You can sit back down Mr. Von Heintz. I’ve heard enough. I’m dismissing  this case.” 

     The crowd of awaiting defendants suddenly and uncontrollably burst into applause, rose in  unison clapping, giving the judge a standing ovation. 

     “Order. Order. Please sit down everyone. Let me remind you that this court is still in session.” shouted the judge over all the uproar.

     The crowd hushed up and sat down.

     “Now,” continued Judge Hauptman. “How many of you people out there have cases relating to this incident? Raise your hands please.”

      The judge scanned the crowd of those awaiting their fate. “It appears that this includes everyone. Raise your hand then if you’re here on a case stemming from something else.”

     No one raised their hands.

     “Well then,” said Judge Hauptman smiling. “Now hold your applause everyone until I say the magic words ‘court’s adjourned.’ Everyone’s case is dismissed. You’re all free to go.” The judge stopped, withholding the magic words, holding them all in suspense to the point of bursting, then finally said,  “Court’s adjourned.”

     The courtroom assembly of former defendants went wild and gave the judge a second standing ovation. Judge Hauptman acknowledged their approval, bowed, and left the courtroom.

     “Thank you Jamal. Thank you for putting those racist nazi pigs in their place. Frassa would have never messed with me if I was white, same thing for Von Heintz.  He would have dismissed the case if I was white I bet. The whole goddamn system’s geared to getting the black man. Fine him for being black. Fine the poor people who can’t afford it and are barely getting by as it is.”

    “Willie you’re getting yourself all worked up again. Just calm down now. It’s over.”

    “Don’t you be telling me to calm down Jamal. You know damn well how it is.The system don’t treat us fairly. A black man can’t get justice from the white man.”

    “For God’s sake Willie don’t be so angry will you. You ought to be happy and take pleasure in the fact that Judge Hauptman here just gave you and all the others justice.”

    “Oh I do take pleasure in it.  Believe you me I do ever take pleasure in it. And you know why I take pleasure in it Jamal?”

    “No why do you take pleasure in it Willie?”

    “Because she’s black.  That’s why I take pleasure in it.”