Going On Record

I shared my account of my arrest, the same one I had sent to McMurphree, with Mr. Phycks. Just as he had asked for the day he took over my case before Judge Judgeson, Mr. Fix had been granted a “Probable Cause” hearing. It was the greatest thing I could have hoped for. In effect, this event was one of two which won my case. On this day, the Sheriff’s Deputies went on record before a Judge and lied their asses off.

I arrived at court in my Court Suit. Went through security. Took my place in the empty Court Room. This was just gonna be us, not the public. After a few minutes, Mr. Phycks came in and sat next to me.

“You and me against the world, today. We’re gonna fight City Hall. They say it can’t be done, but we’re gonna do it. We are doing it. Same as before; just sit there and look innocent. Here’s a note pad. If the Deputies say anything you think is not quite right, or wrong, or a blatant lie, just jot it down. I may not react, but know that I will have read it. I’m not ignoring you, but I’m saving things up until I think I need them. Do not talk. Don’t say a word. Got it?”

“Got it.”

“All Rise” called out the bailiff.

We rose.

The Judge took his his seat.

“Order in the court!” barked the bailiff.

(‘I’ll have a Ham on Rye!’ I couldn’t help but think.)

“Lucretia Anesthesia for The People, your honor.”

“James Joseph Phycks for the defense, your honor.”

“Will The People call the first witness, please.”

“I call Deputy Underbred to the stand.” said Lucretia. Underbred had been the first Deputy I saw that day. He walked into the kitchen and asked me ‘What’s going on here? Why is there blood all over the place?’ I shrugged my shoulders and held up my palms. I had no idea what was going on. A little voice inside my head said: ‘don’t say a thing.’

“Deputy Underbred, can you tell the court, in your own words, what happened that day?”

“I responded to a call for an injured child. When I arrived, the front door was opened, so I called in to announce my presence. A child came to the door. I asked him if his mother or father were home, and he pointed down a hall. As I walked down the hall, I noticed several drops of blood on the floor. I continued walking in, and saw Mr. Marlin, in the kitchen. I asked him to explain himself and he said nothing, just looked at me. I then placed him in handcuffs, and lead him out to the patrol car. I placed him in the back seat and left him there while I continued my investigation.”

“Thank you, Deputy Underbred. And when you came upon Mr. Marlin, did he act toward you in a threatening manner?”

Yes, he did. He approached my rapidly, but was not saying anything. I ordered him to stop. He did stop, but for my safety and to allow me to continue my investigation, I cuffed him and placed him in the patrol car.”

“And did you have any further interactions with Mr. Marlin after placing him in the car?”

“Not directly, but later I called for backup when he became combative.”

“Thank you, Deputy Underbred. Your witness, Mr. Phycks.”

“Good morning, Deputy Underbred. I’m James Phycks. I represent Mr. Marlin and will be defending him here in court. Did you speak to anyone today about this case?”

“No. Not really. We talked a little about when in happened. It was way back in July, wasn’t it? And here we are in October.”

“Yes, in July. And who do you mean by ‘we’?”

“The other arresting Deputies and me.”

“OK, thank you for that. How long have you been a Sheriff’s Deputy?”

“About six months, sir.”

“Six months? As of now? So only about three months at the time of the arrest. Was that your first arrest, by any chance?”

“Yes and no. I was not actually the arresting Deputy.”

“You did not arrest Mr. Marlin? You handcuffed him, and placed him in the patrol car. Wasn’t that your testimony not five minutes ago?”

“I merely detained Mr. Marlin. I did not arrest him.”

Phycks turned back to the table and picked up a few pages. Under his breath he muttered “This is too easy.” I wondered what he meant.

“Deputy Underbred, I have here the ‘Subject Management Report’ which details the use of force used against Mr. Marlin. Did you fill out this report? I notice it has no name on it.”

“No, that wouldn’t have been me. I haven’t seen that report, and I was not involved in his actual arrest.”

“Of course not. Not involved at all. You were an innocent bystander. Can you tell me what gives you the authority to arrest a man in his kitchen? A man who was not, in fact, threatening you in any way, and was utilizing his right to remain silent?”

“I was investigating a crime.”

“Really? What was the report you responded to?”

“It was an injured child report. The call was for an ambulance, and we came as well to secure the scene and investigate.”

“Fair enough. And you slapped the cuffs on the first person you saw, without any converstation at all.”

“He refused to answer my questions.”

“I see. You arrested Mr. Marlin in the kitchen of his own home because you saw a few drops of blood on the floor, and he wouldn’t incriminate himself as you wanted.”

“I did not arrest…”

“But you did, Deputy Underbred. You. Arrested. My. Client. I’m the attorney. You’re the witness. You just admitted under oath that you arrested Justin Marlin. Your semantics won’t help you in any case that I’m trying. You, Deputy Underbred, were the arresting officer.”

Underbred kept quiet.

“Later, when you say Mr. Marlin ‘became combative’ and you called for backup, what did you see? This Subject Management Report says the other Deputies used batons to re-cuff Mr. Marlin. Did you witness that?”

“Yes, sir, I did.”

Baton Strikes and Prying with Baton. Did you see that?”

“Yes, sir, I did.”

“Were any other weapons, legal or legal, county issued or not county issued, used against Mr. Marlin, to the best of your knowledge?”

“Not that I witnessed or am aware of, no, sir.”

“Thank you, no further questions.”