JUSTICE: My client who was jailed & charged on Wednesday night with armed robbery bravely testified last night before the grand jury and the grand jury *dismissed* the case against him. He’s free from Rikers & now trying to win back the job that he lost when $10k bail was set.
I met this 56 year old man 24 hours after arrest. On paper it looked bad. A man allegedly held up with a sharp object to his stomach while my client demanded his money, took $20, & fled. He had over 20 convictions on his record, and has just been released from prison in April.
By the time I went back to meet him in the cells behind court, the prosecution had already made their decision. 1st degree robbery. With his record, 10 year mandatory minimum sentence. 25 max. They’d be requesting $25k bail. He was in big trouble. Rikers was all but certain.
Like always, when we met, he was so different than the papers alone suggested. Soft-spoken, kind. I liked him right off the bat. I banged on the cell that separated us & told him it was nice to meet him but hated that we were on opposite sides of these bars. Then we got to work.
He told me a far more complicated story. 4 days after his release in April he started his first on the books job. He showed me his pay stubs. He was proud. He was terrified of losing his job. He said he’d never do anything like what he was accused of to jeopardize it. Innocent.
He lived in a homeless shelter w/ his accuser. They were both addicted to crack & smoked together. Last week, the man had loaned him $20 worth of crack. He asked for repayment, which client didn’t have. Man got furious. He wanted to smoke. Client walked away. Went to bathroom.
When he exited ~10 minutes later, he was confronted by 6 officers. The man pointed at him: “That’s him! He robbed me for $20!” They searched him & found only $2. They also found a “scraper”-a thin, 2 inch scrapmetal used to clear out a pipe. Man couldn’t say if it was the weapon.
The prosecution acknowledged to judge: they were sheltermates; only $2 & a thin piece of metal was recovered just 10 mins after the alleged “robbery”; that the man was also a drug user; no injuries. They asked for $25k bail based on his record & the seriousness of the charges.
I asked for his release. I acknowledged both that 1st degree robbery was a serious allegation & that he had a lengthy record. But begged the judge to look deeper. I told clients story & pointed out the oddities in the man’s story combined w/ lack of consistent physical evidence.
Brief aside: One of worst things about bail is that because it’s so outcome determinative, defense is often forced to try our case at arraignments & show our hand. So few cases make it to trial bc of bail, & pretrial detention is so destructive, that we’re forced to go all out.
In addition to clients version, I told judge about a man that was far more than his record. I showed his pay stubs. I recounted the convo I had his employer: “We were worried when he didn’t show. It’s not like him. He’s always on time. Hard worker. Dependable. Lucky to have him.”
I told that judge that he started the job just 4 days after release from prison and that his supervisors told me that he was likely lose that job if he didn’t make it to work the next day. It wasn’t up to them. The back to work program had waiting list. They were praying for him.
I turned to bail: I told judge that no money was necessary to ensure return to court. He had everything to lose. If bail was set, he had no one. Wallet was confiscated. I asked for an alternative called an “unsecured appearance bond.” He’d make a promise to pay if he didn’t show.
I repeated: Any amount of bail will ensure he only returns to court in shackles and that he will lose his job. Please. “Thank you counselor. I’m setting bail in the amount of $10k. Officers take charge.” His head went down as he was lead back to cell area. I went back to see him.
“Mr. Scott. I’ve always pled guilty & taken responsibility for things I’ve done. But I’m innocent.” We spoke about grand jury. The risks & rewards. “I think they need to hear my story.” I agreed. “Please call my supervisors again & say you hope I’ll be released by Friday.” I did.
He got lucky with timing. In NY, ordinarily you’re held for 6 days from your arrest on felonies for grand jury. But his 6th day would have been Memorial Day, so it kicked back to Friday. He testified at 5:30pm last night. It was inspired. He was so open, humble, plainly truthful.
When you testify in your defense before the grand jury, you’re entitled to an uninterrupted statement. He filled the room. He said what happened, but also talked about his addiction, job, past mistakes, his fear, his nervousness speaking in public. He thanked them for listening.
The prosecutor’s cross was incredulous and focused heavily on his drug habit. Plainly a losing strategy. You could tell the jury was fed up. They just believed him. They knew, like I did, regardless of his personal failings, he was innocent. He didn’t commit the crime charged.
Afterwards he was HAPPY. He knew the odds were against him. They had been his whole life. But you could tell he felt a sense of agency, self worth in speaking up for himself, maybe for the first time ever, regardless of what was to come. *He felt empowered.* I wished him luck.
This story is about a lot of intertwined things: overcharging, bail, individualized justice, the shortfalls of judging people by their past. It’s also about the importance of grand juries as a protection for defendants against the powerful force of a serious allegation.
The right to a Grand Jury (set forth in the 5th amendment to US Constitution) is one of few that has not been explicitly extended to the States by the Supreme Court. Only 23 states require that serious charges first be reviewed by peers to ensure the evidence is sufficient.
As this thread and my clients story show, however, a Grand Jury can literally save a person’s life. He’d be incarcerated for at least another year & face a quarter century behind bars. 23 states should be 50. Thanks for reading.
