The Wrong Man Read Online Free PDF Page B

scheduled for trial six weeks from now.”
    “Judge, my answer depends—”
    “That’s more than one word, Counsel. I said one word. And I gave you your choice of yes or no. These are basic words of the English language.”
    The judge looked over our heads at the gallery. We were first up, which you never wanted to be in front of Judge Nash. He was playing to the crowd.
    “Maybe,” I answered.
    “Maybe?”
The judge rotated his head. The courtroom went silent, waiting for the volcano to erupt.
    “Maybe,” I said.
    The judge’s eyes narrowed. “Well, how about this, Counsel: This case has received several continuances, and I don’t want another. Mr. Childress has undoubtedly prepared this case for trial, and the parties are prepared to try this matter on the scheduled date. If your entry into this matter requires a continuance, keeping in mind that Mr. Childress is perfectly capable of staying on as lead counsel, I will have to think very hard about your motion. Now,” he said, leaning forward, “does that change your answer?”
    “No,” I said.
    The judge blinked. He didn’t like my response. A defendant’s right to counsel of his choice is sacred in the law. It transcends virtually all other rights. It is not without limits, but a judge runs very close to that word he dreads the most—
reversal
, an appeals court overturning his ruling—when he tells a criminal defendant he can’t have his chosen lawyer.
    The judge had been trying to box me in, and I’d called his bluff.
    After a moment, a twinkle appeared in his eye and one side of his mouth moved. Judge Nash loved the artistry of the courtroom. He respected someone who was willing to play the chess game.
    “I’d like to hear from the defendant,” said the judge.
    Tom Stoller was seated in the holding pen to our right, staring at the corner of the courtroom, seemingly oblivious to all of us. A guard had to walk over and get him to stand up. He was wearing a canary-yellow jumpsuit befitting an inmate in solitary lockup pending trial.
    “Mr. Stoller, do you understand that the purpose of the proceeding today is that Mr. Kolarich is seeking to become your lawyer instead of Mr. Childress?”
    Tom wouldn’t look at the judge and kept up with the same tics, the tongue popping in and out of his mouth and the wiggly fingers, even though his hands were cuffed in front of him. “Okay,” he said.
    “You understand that, sir?” The judge’s tone had softened. He liked beating up on us lawyers, but an individual defendant got kinder, gentler treatment. Plus the courts of appeals in this state were big fans of the Sixth Amendment, and no judge wanted to be viewed as denying someone the counsel of their choice.
    “Yeah.”
    “And this is something you agree with, Mr. Stoller? You want Mr. Kolarich to be your lawyer?”
    Tom’s eyes bored into the floor. “Okay.”
    “Well, I want it to be more than ‘okay,’ Mr. Stoller. This isn’t my request. This is
your
request. You want to change lawyers? Because Mr. Childress here is a fine, experienced attorney who has handled your case for some time. And the law firm that’s going to hire him can wait for him, if you’d prefer to keep him.”
    “Okay,” Tom said.
    The judge sat back in his chair, exasperated. “Mr. Kolarich also is an excellent attorney. He’s appeared before me many times, and I have no qualms about his abilities. But he’s coming into this trial very late. I’m not sure your case is that complicated, but he’s still late. And I want you to understand, I am going to be very reluctant to move your trial date. So before you choose, you need to understand that. Now,” he said, “do you understand what I’m saying?”
    “Yeah.”
    I was pretty sure Tom was having a different conversation inside his head right now.
    “Who do you want as your lawyer, Mr. Stoller?”
    Tom looked at both of us. Then he pointed at me. “Him,” he said.
    “You are indicating Mr.