Tuesday, July 5, 2011

Forfeit - Part Two

Mark sat on the bench in the courtroom where the officers had placed him.  He wore an orange jumpsuit from the jail.  His hands rested in his lap and he stared straight ahead.
“All rise!  This honorable branch of the Circuit Court is now in session, the Honorable Judge Howard presiding.”
The judge entered the courtroom and stepped up to take the bench.  He stared at Mark, who remained unmoving on the front row.
“You may be seated.  Counsel,” Judge Howard addressed the prosecutor.  “Could you be so kind as to inform me the name of the defendant that didn’t need to be so prompted?”
The prosecutor looked at Mark, then began thumbing through his arrest reports.  He pulled out Mark’s.
“Your honor, that would be defendant Mark Simmons.  Defendant is being charged with negligent driving, obstruction of traffic, failure to obey a police officer, and resisting arrest.”
“Seems to be a trend for you Mr. Simmons.  Step to the podium to counsel’s left.”
Mark didn’t move.
“Mr. Simmons, when the court gives you a directive, it is in your best interest to comply.  I have instructed you to step before this bench and answer for the charges against you.  Now, do you have some form of disability that prevents you from complying?”
Mark didn’t move.
“Counsel, does this man’s file indicate any form of disability?”
“No your honor, nor does his license list any health related restrictions.”
“Mr. Simmons, I am going to instruct you one final time to step to the podium and answer the charges against you.  Failure to do so will cause me to hold you in contempt of this court.  Now, step to the podium.”
Mark didn’t move.  The judge stood up from his chair and leaned forward, putting his hands on the bench.
“Mark Simmons, you are hereby held in contempt of this court.  Prior to having you taken into custody I am going to read the charges against you and ask how you plea, though I anticipate it to be an exercise in futility.”
Judge Howard straightened.
“You have been charged with negligent driving, obstruction of traffic, failure to obey a police officer, and resisting arrest.  Do you have an attorney?”
Mark said nothing.  Judge Howard sat back down and pulled over an order form.
“I didn’t think so.  To the charge of negligent driving, how do you plea?”
Mark said nothing.
“Defendant’s lack of response will be taken as a plea of not guilty.  To the charge of obstruction of traffic, how do you plea?”
Mark said nothing.
“Defendant’s lack of response will be taken as a plea of not guilty.  To the charge of failure to obey a police officer, how do you plea?”
Mark said nothing.
“Defendant’s lack of response will be taken as a plea of not guilty.  To the charge of resisting arrest, how do you plea?”
Mark said nothing.
“Four for four.  Well done Mr. Simmons.  Defendant’s lack of response will be taken as a plea of not guilty.  This matter will be set over for trial in one month.  This case will be referred to the public defender’s office to ascertain status of counsel.  Bail is set at ten thousand dollars.  Bailiff, take this man into custody.”
The bailiff pulled out his handcuffs as he walked towards Mark.
“Sir, stand up or I will have to forcibly remove you from the court.”
Mark didn’t move.  The bailiff took hold of Mark’s arm, pulling up and towards him.  Mark slumped sideways off the bench and fell to the floor.  Jeers erupted from the gallery.  The judge banged his gavel and called for order.  A second bailiff entered.  The first bailiff cuffed Mark’s hands behind his back, and he and the second bailiff hooked under each of Mark’s arms to lift him.  Mark’s head hung, his eyes stared at the ground and his feet dragged as he was carried from the court.

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