Читать книгу A Real Goon's Bible - Derrick MD Johnson - Страница 7

“All rise! This court is now in session. The Honorable Ronald J. Davis presiding,” the Federal Court Deputy yelled at the top of his lungs so that the spectators in the adjacent courtroom could hear.

“Thank you. You may all be seated,” said Judge Davis.

“Your Honor, we call Docket Number 008CF256-1, United States vs. Eddie Lee Smith. This matter is on the calendar for sentencing,” stated the Court Clerk.

“Thank you, Debbie. State the appearances for the record please,” Judge Davis said.

“Your Honor, Attorney Michael Steinley appearing on behalf of the defendant Mr. Eddie Lee Smith, who appears in person. Assistant United States Attorney Richard James Newberry, appearing on behalf of the Government.”

“Thank you. Are we ready to proceed with sentencing?” asked Judge Davis. Both parties agreed.

Fast Eddie did a once over of the courtroom. The most important people in his life was present. His newly married wife Fatima, his six year old daughter Jasmine and his eighteen month old son Eddie Jr. His mom and his mistress occupied the other side of the courtroom along with the Channel 4 News correspondent who’s been following his case since the day of his arrest, thirteen months earlier. Today was judgment day; the icing on the cake as some would say and Fast Eddie prayed to the heavens above that his mom and wife would get along. Momma Smith, as the hood knew her, never approved of Fatima. She always felt that Fatima was a gold digger who trapped her son with two unwanted kids. But out of the love for her son, she kept her distance and her thoughts to herself. But Fatima knew how she felt.

Two U.S. Marshals were at the exit doors of the courtroom, “Fags,” Fast Eddie thought to himself. They toted .45 caliber, semi-automatics which was standard Government Issue now-a-days. Neither probably ever discharged their weapons in the line of duty, but wouldn’t think twice if the opportunity ever arose.

A tap on Fast Eddie’s leg from his attorney brought him back to reality and the matter at hand. “Your Honor”, the AUSA started, “I would like to address an issue I have regarding an email I received from Mr. Steinley late yesterday afternoon in respect to Defendant Smith.”

“Okay, go ahead,” Judge Davis said as he bent his head down and looked over the top of his glasses as your third grade teacher would have done. Throughout the course of this case there has been constant back and forth bickering between the Assistant United States Attorney and the Defendant’s Attorney. Judge Davis wasn’t about to allow this hearing to turn into one of the previous ones.

“Mr. Steinley went into great detail, which I would like to share with you,” Mr. Newberry said as he proceeded to the Judge’s bench to give him copies of the email that the Defendant’s Attorney sent him. “As you can see, Mr. Steinley pointed out how Count One of the Four-Count Indictment, 21 U.S.C. 846 Conspiracy should be dismissed based solely on the fact that the defendant has no co-defendants.”

“Well I’m unsure if now is the right time to address this issue,” interrupted Judge Davis. “This is a matter that should have been addressed prior to sentencing. This court doesn’t have the authority to dismiss a jury’s finding. Today is solely for sentencing purposes, not the finding of guilt or innocence which was determined at trial. Therefore, I will not allow the discussion of whether or not conspiracy is appropriate. However, I will add for the purpose of the record under U.S. Title 21, Subdivision 846, it states in part, conspiracy involves an agreement by two or more people to commit an unlawful act. It goes on further to state that the co-conspirators can be a person or persons known to the Court, indicted and unindicted,” finished Judge Davis.

Fast Eddie turned around and looked at his mother who looked as if she had no clue as to what was going on. All she knew was that the white man was trying to send her son to prison for a long time. Momma Smith grew up in the “Jim Crow Days.”, a time when there was Black Unity and Black Power; also where a time when blacks rebelled against the white man and the system instead of each other. And even to this very day the whitey is still a suspect to her.

Fatima had just come back in the courtroom from changing Eddie Jr.’s diaper and caught the tail end of the Judge’s statement. She blew Fast Eddie a kiss and moved her lips as to say, “I love you.” That kinda eased his mood a bit. It is amazing how something so simple from a woman could change a man’s mood from bad to good.

“Thank you, Your Honor,” Mr. Newberry said and Judge Davis instructed him to proceed. “Your Honor, this case is one that has bothered me since it was first assigned to me for a number of reasons. One was the amount of the drug that was involved, two was the type of drug that Mr. Smith possessed, and three there were guns involved in this case. In addition, the defendant’s lack of responsibility is a concern. He has shown absolutely no remorse throughout any of his court proceedings. Your Honor, Mr. Smith has been convicted of possessing over seven kilograms of cocaine with at least five hundred grams of it being crack cocaine and various firearms violations. Unfortunately we all know the harm drugs and guns can do to a community and its families. Needless to say, any penalty that calls for 262-327 months in prison is serious, serious stuff. Mr. Smith’s Pre-Sentence Investigation Report shows that he has been involved in not only the criminal life, but also the criminal justice system since the age of twelve. That’s more than half of his life! I recall during one of the hearings his attorney said, “My client is not a bad person.” While I believe that Mr. Steinley was sincere in his belief that his client was not a bad person, nevertheless words are relative. What may be not so bad to him, may be horrible to me, and vice versa. Mr. Smith has ties to the 2-4 Organization.”

“I object, Your Honor. There is no evidence to substantiate that,” said Attorney Steinley as he rose from his seat. “My client hasn’t been convicted of being a part of any organization.”

“Sustained,” Judge David said. “Strike it from the record. Let’s stick with the facts here Mr. Newberry.”

“Okay, Your Honor. If we’ll be honest here for a minute, Mr. Smith has become the exceptional criminal and I believe that the Criminal Justice System has allowed him to get to this point. As I looked over his PSI I noticed how Mr. Smith has been arrested time and time again for various crimes, only to be released and rearrested and released again. Mr. Smith has been incarcerated for a total of sixteen months throughout his life of crime, and my belief is had the message gotten to him sooner, that his behavior is highly unacceptable and will not be tolerated in our society, we may not be here today. We also have to look at the disparity in the communities. What’s going on here in Milwaukee I’m sure will not have any affect on the drug trade in Chicago, Los Angeles, St. Louis or any other place for that matter. But we have to take a stand and send a message to Mr. Smith that we don’t want his kind here. Your Honor we need to keep his kind out so that we don’t become like the other cities, for lack of a better phrase. Therefore, I strongly believe that Mr. Smith is a prime candidate for every last one of the 327 months he is facing. Thank you, Your Honor.”

As the Assistant U.S. Attorney headed back to his seat he nodded at Fast Eddie as if to say, “I got you.” Fast Eddie showed no facial expression. His motto is and has always been, “Never let them see you sweat.” He knew there was an art to playing the cards you were dealt, and he did it well.

“Mr. Steinley, does the Defendant have anything to say?” the Judge asked.

“Yes, Your Honor. Mr. Smith would like to address the court,” he said as he patted his client on the back.

Proceeding to stand, Fast Eddie with both hands behind his back, looked Judge Davis directly in his eyes and said, “Your Honor, I am a man of morals and principles. I am a husband and a father to my children. All of these things Mr. Newberry failed to mention in his description of me and who I am. I have been called many things in my life, but never a spineless coward. He spoke of how I haven’t accepted responsibility for my actions, and how I have no empathy for my victims. As I said before, I am a man and part of being a man is holding your own and taking your own rap. That I never had a problem with, then or now. It’s the responsibility of the other people that I have a problem with taking. Six of the nine people that testified for the government I don’t even know. I never saw them prior to my trial. Never had any dealings with them. So yeah, I have a problem with showing empathy to people who are not victims and are nothing more than liars and rats trying to desperately wiggle themselves out of trouble. I’m sorry, but I’d rather die like a man than live like a coward.”

Fast Eddie sat down without looking back at his family. He knew that regardless of what he said at this point, it had no bearing on the Judge’s decision. The Feds had what was called mandatory minimum sentencing, by law the Judge had to sentence you within the federal sentencing guideline range. Therefore, there was no need to kiss ass and say a bunch of sorries. He knew in life a man chooses his own journey, where he ends up was purely a reflection of the decisions he made along the way.

After seating himself, Fast Eddie’s Attorney stood up to address the court. He had a plan. “Your Honor, I have a lot of issues with what Mr. Newberry says in terms of it being dishonest. Not illegal, just dishonest. Mr. Newberry went into great detail about my client’s criminal history. He said that my client has been arrested, released and rearrested only to be released again since the age of twelve – only having done a total of sixteen months throughout his life. Basically what he was implying is that the system has failed, and because it has failed he wants you to make up for it and give Mr. Smith double time for only having done sixteen months in jail. I think that’s inappropriate.

He talked a great about disparity and I agree. He stated there was a difference in communities, I agree. But if we talk about the disparity in communities, we also have to talk about the disparity in the background of my client. Mr. Smith is a thirty-one year old black male who was raised on the dangerous streets of Milwaukee – Northside to be exact. His world is far different from the world we know. Mr. Smith lived in a world where it was do or die. Since the ripe age of ten he had to fend for himself. No father figure, no proper guidance, just trial and error. Excuse me, Your Honor, if you will – he comes from a different world. Does he accept responsibility for his actions? Absolutely. He told you that. Is he remorseful? Absolutely. He told you that also.”

“Look, Your Honor, seven kilos of cocaine is seven kilos of cocaine whether its here in Milwaukee or Chicago, LA or any place else. And should a person be sent to prison for possessing seven kilos of cocaine? Absolutely. Should a message be sent to him about his conduct? Absolutely. But should you sentence him to death by sending him to prison for twenty-five to thirty years? Absolutely not!”

Mr. Steinley reminded Judge Davis about the recent U.S. Sentencing Commission ruling that changed the sentencing guidelines regarding the disparity between crack and powder. He hoped that Judge Davis would exercise his authority and sentence his client below the guideline range. It was a long shot, but still worth the try. “Thank you, Your Honor,” Mr. Steinley said after he was done with his testimony.

Fast Eddie was satisfied with his Attorney’s rebuttal. He knew Michael Steinley was good at what he did. That’s why he retained him at a hefty fee. Money was no object when it was a matter of life and death.

“Mr. Smith,” Judge Davis started, “as I sat and listened to all of the testimony that was presented in this courtroom today, I thought more about what would be an appropriate sentence for Eddie Lee Smith. I learned of a man who held some promise and when I use that in past tense, it doesn’t mean that it’s over. There will be life after you serve the sentence you are going to be required to serve. Obviously that promise faded away when you succumbed to the lifestyle that dealing drugs would bring you.”

“Last night Channel 4 News ran a segment about a former UWM Professor of Science and his plight to overcome his drug addiction. A sad, sad story to say the least. Mr. Newberry hit the nail on the head when he pointed out how drugs devastate communities and individuals as well. There is absolutely nothing positive about the sale and use of illegal drugs. And whatever you thought you gained along the way really is nothing when you think about now many lives you’ve helped ruin and how many dreams you’ve helped shatter. Mr. Newberry was correct in saying that had someone reached you sooner, your kids, who I suspect love you dearly, wouldn’t be here witnessing their dad being taken away from them. The sad reality of all this is that the kids of every one of us in the courtroom today will probably meet someone like you in their lifetime. Someone who has the ability to turn that innocence, that promise and that dream, into a living hell. I hope that during your prison stay, your family doesn’t suffer with you. Because they’re clearly affected by the choices you made or may not have made.”

“So in sentencing you, Mr. Smith, I took everything into consideration and I sentence you to three hundred months in prison. The Bureau of Prisons will determine where you will serve your sentence. You are remanded to the custody of the U.S. Marshals. I wish you well Mr. Smith. This court stands adjourned,” Judge Davis said as he slammed down his gavel.

Fatima’s cries could be heard throughout the courtroom, she had just witnessed the only man who she had ever loved and cared for taken away from her. “This can’t be happening,” she thought to herself. She hadn’t done her calculations so she was unsure how much time three hundred months were, but she knew it was a long time. She gathered up her things and the kids and made her way out the door. She noticed that her kids’ grandmother had already made her exit. No hellos, goodbyes, no fuck you’s, nothing. Shit wasn’t right. It wasn’t supposed to be that way.

Fast Eddie’s face showed no expression as always. A lot of shit was heavy on his mind – his freedom, kids, his wife, his crew and also what lies ahead. He had heard so much about the Federal System from his people who had lived and died there, now he was about to experience it firsthand for himself. As the U.S. Marshals led him out the courtroom, he held his head high and one couldn’t tell he was a man doomed to twenty-five years.