cold and impersonal. The system was all about budgets and payrolls, statistics and seniority, politics and patronage. When it came right down to it, in an adversarial contest that pitted a professional prosecutor against a designated defender, a person could be protected only by another person. And for better or for worse, because of the absurd accident that Inez Kingston happened to work in the same Welfare Department office as Jaywalkerâs sister-in-law, he had become the person charged with the responsibility of protecting a young man and, with him, the rest of his family, born and unborn. It was a responsibility that Jaywalker both wanted and didnât want, one that he relished even as he loathed it, and one that was already waking him up each morning and accompanying him to bed each night.
In the short space of a monthâs time, it had become a responsibility that scared the living shit out of him.
4
HEDGING BETS
J aywalker busied himself preparing motions.
The days of the computer had not yet arrived, at least for a seat-of-the-pants solo practitioner like Jaywalker. That meant typing out a set of papers the old-fashioned way, on a trusty Remington, the kind that fit into a square black box and came without a cord, much less a battery. He moved for suppression of any statements that might be attributed to Darren as admissions or confessions, exclusion of any identifications of him that might have been tainted by suggestive police procedures, and a severance that would divide the case into four separate trials instead of one. He asked for court-ordered discovery of police reports, medical records, photographs, artistsâ sketches and the like. He demanded particulars regarding the precise date, time and place of each of the crimes charged. He made copies, served and filed them, and waited for Popeâs written response.
Next Jaywalker contacted a private investigator. He called John McCarthy, a former NYPD detective whowould go on to do work for F. Lee Bailey, among others. McCarthy was bright, capable, and would make a good appearance on the witness stand, if his testimony were needed. Jaywalker had him come to the office to meet Darren, and the three of them went over the facts of the case in as much detail as they knew them. He instructed McCarthy to use his contacts in the department to gain access to whatever police and housing authority records he could. He told him there would come a time when heâd want him to see if the victims would talk with him. Finally, Jaywalker asked him to spend some time in the Castle Hill area of the Bronx, where the attacks had taken place, on the outside chance that he might be able to locate the real rapist, assuming it wasnât Darren. At that suggestion, McCarthy looked up from his notepad and stared at Jaywalker as though he were on drugs.
Jaywalker looked away.
Â
Things slowed down. And Jaywalker had no complaint about that. A speedy trial, which is a defendantâs constitutional rightâand these days his statutory right, as wellâis in fact a defendantâs worst enemy. Time is his ally. Time for his lawyer and his investigator to do their jobs; time for the victims to grow less vindictive and more forgetful; time even for another attack to occur while the defendantâs presence elsewhere could be documented. And with Darren out on bail, time also brought the opportunity for him to get back to work, family and normalcyâif there was such a thing as normalcy for a young man facing eighty years in prison.
On a more practical note, time also allowed Jaywalker to attend to the rest of his practice, which heâd begun to neglect as he became immersed in Darrenâs case. He trieda forgery case in federal court and came away with a lucky acquittal. A robbery defendant, whose victim had leaped out of a fourth-story window in order to escape his captors, pleaded guilty and accepted a five-year prison term. The victim had somehow