Assigned Counsel

By Julius Difiore

Frank Logan is a neighborhood attorney who specializes in criminal defense and is assigned to represent Joseph Porto in a case where Porto is accused of raping his ex-wife, Helen. In the course of representing his client, Frank discovers several facts about the defendant that cause Frank to doubt the sincerity of his client, namely, that his client seems to have a healthy libido, a roving eye for pretty women, and a very bad temper. Additionally, Porto appears to have an unusually close relationship with his first wife, Maria, a relationship of which both he and Maria are very defensive. As Frank investigates the case, he notices certain discrepancies in the police reports, which may simply be typographical errors or keys to mounting the defense of his client. He also discovers certain facts about Helen's past, which may explain those discrepancies, positively or negatively. To further complicate things, the case is being prosecuted by an overzealous assistant district attorney, and there is a women's rights advocate and a news reporter who have taken an interest in the case. These facts cause Frank concern about his client's ability to get a fair trial. The case ultimately goes to a trial, which is filled with tumult, and the jury returns a verdict.

• Language: English
• Publisher: Newman Springs Publishing, Inc.
• Release date: Apr 24, 2024
• ISBN: 9798890613332

Book preview

Table of Contents

Title

Copyright

Arraignments

The Felony Conference Part

The Grand Jury

The Supreme Court Arraignment

Discovery and Motions

The Pretrial Hearings

Trial Preparation

Jury Selection

The People of the State of New York against Joseph Porto

The Summations of Counsel

The Verdict

Epilogue

About the Author

cover.jpg

Assigned Counsel

Julius Difiore

Copyright © 2024 Julius Difiore

All rights reserved

First Edition

NEWMAN SPRINGS PUBLISHING

320 Broad Street

Red Bank, NJ 07701

First originally published by Newman Springs Publishing 2024

ISBN 979-8-89061-332-5 (Paperback)

ISBN 979-8-89061-333-2 (Digital)

Printed in the United States of America

To my 18B colleagues who fight the good fight.

Arraignments

The Assignment

The ride to the courthouse was not a long one; twenty minutes by car, maybe thirty with traffic. Frank Logan parked his car in the municipal parking lot and walked to the City Court Building across the street. He maneuvered his way past the line of people waiting to gain entry and passed through the revolving doors of the three-story stone building. Once inside, he entered courtroom AR1 on the second floor of the building and placed his briefcase on the desk by the door that led to the holding pens.

Are you our 18B today, Frank? a court officer asked.

Yeah, Frank replied. Who's on the bench?

Statler, the officer replied.

Frank nodded. Judge William Statler was the senior judge of the City Court and generally well liked by the members of the bar.

Part AR1 was the arraignment courtroom, where people who were arrested were brought to be formally charged and enter a plea. It was the first time they would see a judge after getting arrested. It was also the first time they would see their lawyer. If they could not afford to hire an attorney, one would be assigned by the court from one of the legal service agencies, or if there was a reason the agency could not or would not take the case, then a lawyer from the Assigned Counsel Plan, a panel of private attorneys who accepted such assignments, would be assigned to represent the defendant. These lawyers were colloquially called 18B lawyers after the section of the County Law which created the panel.

Frank looked down at the table in front of him. There were three sets of court papers, two drug sales and a shoplifting, each set stamped, 18B Counsel.

Frank went into the holding pens and was met by a police officer at the gate. He flashed his ID card, was admitted to the holding area, and headed down a short corridor which led to two barred cages. He stopped at the first cage.

Hector Contreras, he called out. A short light-skinned Hispanic man came to the gate and nodded.

A police officer sitting nearby got up and opened the large barred gate. Hector walked through, and Frank led his new client down a short corridor to a bank of interview booths. They stopped at the first booth. Frank sat on one side of the small table in the booth and Hector sat on the other.

I'm Frank Logan, an attorney. The court has assigned me to represent you, Frank said, pushing his business card across the table to his new client who examined it. Do you know why you were arrested?

No, the man replied.

Frank smiled. In all the years he had been practicing criminal defense, not one person ever knew why he had been arrested.

You were arrested for selling cocaine to someone who turned out to be an undercover cop.

Hector just looked at him.

What happened? Frank asked.

My girl gave me some money to pay the guy that fixed my car. The guy wasn't there so I figured I'd hang out in the park and come back later. I'm walkin' down Tayler Avenue and this cop comes out of nowhere and shouts, ‘Stop, police.' I don't think he's talking to me 'cause I didn't do nothin'. Then three cops come outta nowhere and throw me down and stick guns in my face.

Did your girlfriend see this?

Nah. She left.

Did you see anyone selling drugs out there? Frank asked.

No.

Did anyone ask you to sell drugs to them while you were going to the mechanic?

No.

Did you have any drugs on you when you were arrested? Frank asked.

Nah. I was goin' to get my car, Hector replied.

Okay. Let's see what we have here, Frank said as he looked over Hector's arrest history. Disorderly conduct…misdemeanor possession…petty larceny…another petit larceny…another misdemeanor possession. Is there any bail you could make? Frank asked.

I can't make no bail. I'm out o' work.

What about your girlfriend? She gave you some money for the car. Would she be able to bail you out on, say, fifteen or twenty-five hundred dollars?

Twenty-five hundred! Hector screamed. Shauna ain't got no twenty-five hundred.

Okay. Let's see what happens. I'll see you outside.

Frank got up and led Hector back to the cages.

His two other interviews went much the same way. Neither client knew why they had gotten arrested. The first had no idea how a blouse with the tag still on it got into her jacket. The other could not explain how prerecorded buy money got into his pocket.

Frank returned to his desk in the courtroom just as Judge Statler poked his head in—around ten o'clock.

Good morning, Judge, Frank said when he made eye contact with the judge.

Nice to see you, Mr. Logan, the judge replied.

One of the court officers then began to pull court papers out of a large wooden box and laid them on the table in front of him.

Your Honor, we have a few ready matters, the officer said.

The judge nodded, and the officer called out, Remain seated and come to order. Part AR1 of the City Court, Criminal Division, is now in session. Put away all reading material and cease all conversations while court is in session. The Honorable William Statler is presiding.

Frank got his three sets of papers together, reached into his briefcase, and pulled out his datebook.

Docket ending 469, Hector Contreras. Defendant is charged with Criminal Sale of a Controlled Substance third degree and related charges. Counselor, your appearance, called the officer.

Francis J. Logan for the defendant, Frank stated as he headed for the table in front of the judge's bench. I'll waive a reading of the rights and charges.

Jennifer Wagner for the People. The People are serving grand jury notice. If this case is presented to the grand jury, will the defendant testify? the ADA asked.

We are reserving that decision until such time as a grand jury presentation is actually commenced, Frank replied.

Identification notice, the ADA continued. There was a confirmatory ID by the undercover officer at the time and place of arrest and alibi notice. There are no other notices at this time.

I'll hear you on bail or parole, the judge stated.

"Your Honor, this is an undercover buy and bust. The undercover officer purchased three blue-topped vials of crack from the defendant in exchange for $15 prerecorded buy money. He was arrested within five minutes of the transaction at the location of the sale and identified as the perpetrator by the undercover officer.

Your Honor, the defendant comes before the bench with a long criminal history. He has two misdemeanor convictions for drugs and has a warrant in his record. His criminal history shows that he is now graduating from petty offenses to more serious crimes. He is not recommended for release by court services. The People are asking for $10,000 bail.

Mr. Logan, the judge said as he turned a page of the court papers to finish reading the defendant's court services interview.

"Your Honor, I am asking that the defendant be released on his own recognizance. My client tells me that he was on his way to pick his car up at a local mechanic's shop when he was accosted by the police. He denies selling drugs.

"The defendant has lived at the same address here in Pelham County for the last twelve years. The warrant the ADA refers to relates to a fine. If you look at the next line in his record, he paid the fine three days later, hardly the actions of a person seeking to evade the jurisdiction of the court.

Judge, there is no indication that the prerecorded buy money was recovered, nor did the defendant have any additional drugs on him.

The defendant is paroled. Mr. Logan, what date do you want? asked the judge.

How's June 18? Frank replied.

June 18, Felony Conference Part for grand jury action, the judge stated.

Frank's other drug defendant was not as lucky as Mr. Contreras, as he had a history of missing court dates. The judge set bail, a bail he could not make, so he remained in jail. The woman accused of shoplifting was, like Hector, released.

The remainder of the morning passed slowly. Frank received no other court papers for quite a while. Finally, Benny Weissman, the court's docket clerk, came in with a set of papers and gave them to Frank.

What's this? Frank asked.

A sex case. Ex-husband and wife, Benny replied.

Frank looked at the papers and began reading the complaint.

Why doesn't Pelham Defense Associates take this? They're the primary defender, Frank said, referring to one of the legal services agencies.

They said to give it to you. They have a conflict, Benny said.

In other words, they just don't want it. Man, I wish I could pick and choose my assigned cases, Frank said with sarcasm peppering his tone. Benny smiled and went back to his office.

As Frank looked at the papers again, he heard a court officer announce the luncheon recess.

After lunch, my friend, he said as he put the papers into his briefcase.

*****

The criminal defense bar in Pelham County was one big fraternity. The vast majority of defense lawyers were former prosecutors and former lawyers from one of the legal service providers, so everyone knew everyone else, to some degree or other. For these attorneys, lunchtime was an opportunity to get together and share stories about family, leisure, and the insanity of the criminal justice system.

Frank went to the food court in the shopping center across the street from the courthouse. It was a popular place for the 18B lawyers to assemble for lunch, and today, Frank found himself in the fortunate position of not having to search for a table. He placed his briefcase on one of the chairs and soon heard a familiar voice.

Franky, got room for two?

Frank looked up to see Tony Gianetta and his partner, Pat Steiner.

Hi, guys, have a seat, Frank said.

As Tony and Pat sat down, another person came by the table and placed his briefcase on the remaining seat. The person's name was Al Richter.

Hey, guys, Al said as he tossed his jacket around the back of his chair. The four attorneys went to get something to eat.

After everyone returned to the table, Tony began to relay a story about a payment he received on an 18B case.

I handed this voucher in back in February, Tony began. It was a trial voucher, about eleven thousand and change. In March, I get a call from finance because they have a problem with it. I'm thinking, what problem? You guys are payment clerks. If the judge approves it, you pay it. Okay, they want to meet with me. At this meeting is me, that pain in the ass payment clerk Diana Howard, and that other pain in the ass Peggy Horn, the one who thinks she's in charge of the program because she sends the vouchers in for payment. Diana tells me that I billed all these hours for trial prep, and she thinks that's too much because there were only two charges on the indictment. I tell her first, this is an attempted murder case, then, there was a DNA issue and I had to do some prep for the expert the DA was calling, plus, I had to go over the DNA report with my own expert and then prep him. No, she's still giving me a hard time and then brings in Peggy, who tells me that she is going to go through the voucher with a fine-toothed comb.

What did you do? Al asked.

I said you can go through it with whatever comb, brush, or other hair-grooming tool you want, but since I'm the only one in this room licensed to practice law and who's actually tried a case in court, I think I should know better than you what is necessary to prepare for a trial. Then I walked out, Tony replied.

What happened then? Frank asked.

I get a call from Singleton, who was the judge at the trial. He tells me that they called him and asked him about it, Tony continued. He backed me up. I got paid, but those bastards down there sent it last week.

That's bullshit, Al said. Once a judge approves the voucher, it should not take another three months to pay us. I mean, we've got bills to pay. Try paying Con Edison three months late and see what happens.

Everyone had an 18B payment story to relay, and the conversation soon turned to cases they had tried.

Like the guy I went to trial with two months ago, Pat said. Robbery one. He has a disorderly conduct and petit larceny in his record. Never did a day of jail in his whole miserable life, and the ADA offers him seven years. The minimum is only five. Why on earth would this mutt willingly walk into prison for two extra years?

Who was the ADA? asked Frank.

Whatsername, that chick from the Felony Division. The one that wears the miniskirts. Pat was searching for her name.

Donna Mirabel? Al suggested.

Yeah, that's her, Pat replied. I'm like, hey, honey, if your skirt was any shorter, a pirate could use it as an eye patch.

Everyone began to laugh.

"My guy wants three years. She says, ‘No way. I discussed this case with a supervisor.' I'm thinking, yeah, a supervisor who hasn't seen the inside of a courtroom since the last time he saw a Perry Mason rerun on TV."

More laughter.

We go to trial before that other pain in the ass, Wheeler, who has it in for my guy because he won't take a plea. The guy's acquitted of the robbery and convicted of a misdemeanor drug charge because he had three vials of crack on him when he was arrested. He's already been in thirteen months, so I'm thinking he's getting out. No, the ADA asks that he be remanded for a sentence report, and Wheeler, that miserable bastard, does it. The max is only a year, and he's already done thirteen months. So Wheeler remands him, adjourns the case for two weeks, and then sentences the guy to the year he's already done. How's that for stupidity?

Well, guys, as captivating as the conversation is, I have to get back to arraignments. It's almost two o'clock, Frank said as he got up from his seat.

Everyone looked at their watches, and nodding in agreement, they all got up and went their separate ways.

*****

When Frank returned to the courtroom, all was quiet. He walked to his desk and put his briefcase on top of it. He picked up the papers that Benny Weissman had given to him before lunch and went back into the holding pens. He called out, Joseph Porto.

Here, a man said, pushing his way to the front of the cage. He was slightly taller than Frank, dressed in a pair of blue work pants and a T-shirt that had the logo of a trade union on it. His face sported a day's worth of facial hair. He had a broad chest and muscular arms. He looked tired, but Frank could see that through his tired face, the man had classic good looks, not the typical defendant that one met in the courthouse lockup. A police guard came over, opened the barred gate, and Mr. Porto stepped out.

Frank led Porto down the short corridor to the interview booths and motioned for him to sit down. Frank sat opposite him.

Hi, I'm Frank Logan, he began as he took a business card out of his pocket and passed it to his new client. I'm an attorney. The court has assigned me to represent you.

Porto took the card and read it.

Frank looked over the papers he was given.

Do you know why you were arrested?

Something about a fight I had with my ex-wife, Helen, Porto answered.

The complaint lists two separate incidents. The first incident is January 20 of this year. After an argument, you raped her. Do you recall this incident? Frank asked.

I raped her? Porto said in disbelief. In January? Wow! She's really done it, hasn't she?

What do you mean? Frank asked.

Look, I don't know about dates, but sometime in the winter, I guess it could have been January, we had a major argument over my relationship with my first wife, Maria, Porto began. Maria called and asked me if she could borrow some money because she was a little short of cash and had to pay the rent. I called her back and told her to come over and I could give her the money.

You were going to lend your ex-wife money? Frank asked with suspicion in his voice.

Yeah, Maria and I get along pretty well. We have two kids, so it's like, okay, ya know? Porto replied.

Frank shrugged.

So she gets there and I gave her the money, Porto continued. As she's leaving, Helen gets home and all hell breaks loose. She starts screaming about me fooling around with Maria. I got tired of hearing it, so I left. When I got back, Helen was all apologetic. We had dinner, drank some wine, and watched some TV. She told me that her daughter was spending the night at the father's so if I wanted we could…you know…do it…you know…fool around… Porto leaned forward and whispered. Have sex.

Yes, I'm familiar with the phrase, Frank replied.

What the hell? I said okay. It was all her idea. Porto leaned back in his chair.

Well, did anything happen while you were with her to indicate that she no longer wanted to have sex with you that night? Frank offered.

No, Porto replied very matter-of-factly.

What happened afterward? Frank asked.

Next morning, we were having breakfast, Porto reported. She brought up my first wife again. I told her she has nothing to worry about, but she wouldn't hear it. I'm cheating, I'm a bastard…the same old story. Like I said, I got tired of hearing it, so I went to work. When I got home later, I found all my stuff out in the hall and the locks to the apartment were changed. What could I do? I got my things and went to my brother's house. I've been there ever since. We're going through a divorce now.

That leaves April 19, Frank said as he looked at the complaint. It says here that you went to her apartment, forced your way in, beat her up, raped her, then threatened that if she told anyone, you'd kill her. What about that? Frank asked.

That must have been the last time I was there. Around six o'clock, a couple of weeks ago, she calls my brother's house, Porto began. "Says she needs me to sign some papers, you know, about our divorce, something about life insurance or her pension or something like that. I told her to mail it to me and I would give it to my lawyer, but she said she couldn't wait that long, could I just come over to sign it. So I told her I'd be there after dinner. I mean, I didn't care. The faster I got her out of my life, the better as far as I was concerned.

I got there around eight. She opened the door. She was wearing a bathrobe. She invited me in, but I just wanted to sign the thing and leave. She said that she was thinking about us and how it used to be when we were first married, then she starts rubbing my chest and kissing me. Well, the next thing I know, she is taking her bathrobe off and, he lowered his voice as he leaned into to speak to Frank, she had nothing on underneath. Well, things got pretty hot, and we started to do it, right there in the living room.

I see, Frank said.

We were doing it on the couch and then she said that we should move into the bedroom because her daughter was home and she didn't want the kid coming out and catching us, Porto continued.

Did you see her daughter? Frank asked.

No, Porto said. Her bedroom door was closed. Anyway, we went into what was our bedroom and we continued. At about nine o'clock, I told her I had to get going. She asked me to stay the night, but I knew that would be a mistake. Look, I shouldn't have gotten involved with her that night, I know. Porto shrugged. But I didn't rape her and I didn't threaten her. I don't know what else to say.

And what about the insurance papers? Frank asked.

Well, I guess in all the excitement, we forgot about it, Porto replied.

Frank shrugged and nodded.

And she never indicated to you that she did not want you in the apartment or that she did not want to have sex with you? Frank asked.

Not once, Porto replied as he raised his right hand. Hand to God.

Mr. Porto, Frank continued, why would Helen say that you raped her when you say that your last meeting with her was a good one? Did anything happen after that incident? Frank asked.

A couple of days later, I was at some assembly at my kids' school. Helen was there. Her daughter goes to the same school, Porto said. Maria showed up, and Helen went all batshit crazy. ‘What is that bitch doing here?' People were looking at us. She wouldn't stop screaming. She called me a bastard and said I'll pay for what I put her through, Porto replied. I thought she meant through the divorce, but I guess this is what she meant.

He looked around, put his hands up, and shrugged.

Helen had a problem with your ex-wife, Maria. What about your kids? Any problems there? Frank inquired.

Helen hated my kids, Porto replied. I treated her daughter like my own, but Helen? No way. Whenever my kids would come over to visit, she would complain and nag them for hours…sit up straight, don't touch that, get your feet off the chair. She wouldn't even let them play with her daughter.

I see, said Frank. He flipped through the papers before him. I see you have no other record, thirty-five years old, working for a place called Greco Contracting for the past twelve years. What do you do?

General construction, home improvement, Porto replied.

Mr. Porto, it says here that you make about eleven hundred dollars per week, Frank said, continuing to read the papers in front of him. He then looked up at his client. You may not be eligible for a court-appointed lawyer. You may have to hire your own attorney.

Well, that's a little deceiving, Porto quickly replied. You see, construction is not nine to five every day. It's seasonal. When we don't have any jobs going on, I'm not working and I don't get paid. Plus, there's the child support I pay to my first wife.

All right, the judge will have to make that determination. Let me explain what is happening here today. The judge is going to decide whether you stay in jail or get out while the case continues. Did you tell anyone that you've been arrested? Frank asked.

I called my brother when the cops got me, said Porto.

If the judge sets bail on you, is there any bail your family can make? Frank asked. Say…ten or twenty thousand dollars bail, can you make that? inquired Frank.

Twenty grand! That's a lot of money, Porto said. I don't know. My father's retired and my brother is the manager of a supermarket. I don't know if I can hit them up for twenty big ones.

Okay, let's see what happens, Frank said as he rose from his seat.

Joe Porto rose and grabbed his attorney's arm.

Mr. Logan, you gotta get me out of here. I didn't do nothin'.

Frank looked down at Porto's hand on his arm, then looked at his new client. Midthirties, working, married twice with kids that he actually supports. No, he wasn't the typical criminal defendant. Maybe this Helen was making the whole thing up to get back at Porto for what she perceived to be his infidelities. What was that saying about a woman scorned being worse than hell's fury? But Frank could not tell Porto that he would be found not guilty or that the case would be dismissed. No lawyer could, that is, no lawyer who knew what he was talking about.

Mr. Porto, I'll be honest with you. This is a tough case. These charges are very serious. They could land you in jail for up to twenty-five years. I wish I could tell you that truth always wins in the end, but the criminal justice system is just as much about being politically correct as it is about the truth. It seems that everyone is trying to out-law and order the other guy these days. I'll fight as hard as I can for you, but that's all I can promise. I know you're innocent until proven guilty, but in reality, you're going to be viewed as the guy who cheated on his wife and then raped her when she caught him. The rest is up to the jury. I know it's a bad deal, but that's what we're stuck with.

Porto just stood there and looked at his attorney.

I'll see you outside, Frank said as he led Porto back to the holding cell.

Frank reentered the courtroom and turned to the courtroom gallery.

Is anyone here for Joseph Porto? he called out.

A woman raised her hand. Frank walked over to her.

May I speak with you for a minute? Frank said.

The woman followed Frank out of the courtroom. She was a slim, good-looking woman with shoulder-length blond hair and blue eyes. She was neatly dressed in a floral-print skirt with a blue sleeveless blouse.

Once outside the courtroom, Frank motioned for her to sit down on one of the benches.

I'm Frank Logan, an attorney. The court has assigned me to Mr. Porto's case. You are…?

Maria Porto, Joe's ex-wife, the woman answered anxiously. I came as soon as Joe's brother called. Joe's been living at his brother's since he and Helen split up. She was speaking very quickly and looked worried. Have you seen him? How is he? They wouldn't tell me anything at the police station, she continued.

I've spoken to him, and he's as fine as can be under the circumstances. Are you aware of the charges against him? Frank asked.

Something about an assault on Helen, replied Maria. Joe is not a violent person. He'd never beat anyone up. Especially a woman.

He tells me that he maintains a good relationship with you which is strictly platonic. Is that true? Frank asked.

Yes, Maria said curtly. Does that surprise you? We do have two children. Maria sounded indignant. Frank got the feeling that this was not the first time she had to explain her relationship with her ex-husband.

I'm sorry, he said. I didn't mean to imply anything. Maria Porto looked away. If you don't mind my asking, why did you split up? It's obvious that you two still care about one another.

Look, Joe is a good man, but he's not meant to be tied down, Maria explained. "He doesn't cheat or anything, but in our relationship, I was second to his other interests: working out, sports, nights out with his drinking buddies. He was never home. I wanted a husband, not an overgrown teenager. I think we actually get along so much better now."

Were you aware of any issues that Helen had with his relationship with you? Frank asked.

You mean other than her hating me for being Joe's ex-wife? Maria said sarcastically. And she never once made my children feel welcome when they went over there. I mean, if she has a problem with me, don't take it out on the kids, Maria continued.

Just then, the door to the courtroom opened. One of the court officers poked his head out. Mr. Logan, we're ready for that rape case.

Frank nodded.

Rape case! Maria shouted. Is she saying that Joe raped her? That's insane. Joe is not a…rapist. Oh my god! Does this mean he's going to jail? she asked in a teary voice.

Ms. Porto, please calm down, Frank said. Yes, the charge is rape. Today, the judge is going to decide whether or not to set bail on him. Is there any bail that you or his family could raise for him? Frank inquired.

I don't know. I don't have much savings. I can ask his family, but they're not rich people. His father is retired, Maria said with worry in her voice. How much bail is it?

I can't really say, but it could be ten or twenty thousand dollars…or higher, Frank said. Tears formed in Maria's eyes. Let's go inside. I'll see what I can do, Frank said as he held the courtroom door open for her.

As Frank stepped back into the courtroom, he heard the bridge officer call his case into the record. Docket ending 577, Joseph Porto. Defendant is charged with Rape in the First Degree and related charges. Counselor, your appearance.

Francis J. Logan for the defendant. I'll waive a reading of the rights and charges.

Assistant District Attorney Jennifer Wagner for the People, said the ADA. Grand jury notice. Will the defendant testify before the grand jury? ADA Wagner stated.

Yes, he will, Frank replied. Statement notice. The defendant admits that he had sex with the complaining witness but claims it was consensual. Alibi notice.

Bail application? Judge Statler said, looking over the complaint.

Your Honor, the defendant is the estranged husband of the complaining witness, the ADA began. "On January 20 of this year, the complaining witness confronted the defendant with an affair he was having with his ex-wife, and after an argument, the defendant ripped the complaining witness's clothes off and subjected her to forcible intercourse and forcible sodomy as stated in the complaint.

"On April 19, the defendant went to the complaining witness's apartment, forced his way in, and subjected the complaining witness to forcible intercourse and sodomy in the living room, then dragged her into the bedroom, all while the complaining witness's eight-year-old child was in the next bedroom. After each incident, the defendant threatened the complaining witness that if she told anyone what happened, he'd kill her.

Your Honor, this is a very serious case. The People are asking for five hundred thousand dollars bail and a full order of protection.

There was a gasp from the gallery.

Mr. Logan, the judge said.

Your Honor, my client vigorously denies these charges, Frank began. "I am going to ask that you release the defendant on his own recognizance. The defendant has no criminal record, has lived in the community all his life, is employed here in Pelham County, is the main source of support for his two children who live here, and he has also been recommended for release by Court Services who interviewed him for his roots in the community.

The defendant is separated from the complaining witness who is insanely jealous of the friendly relationship he maintains with the mother of his children. Any sex the defendant and the complaining witness had on those occasions was not only consensual, but was initiated by the complaining witness. As a matter of fact, the April 19 incident was precipitated by the complaining witness calling the defendant and inviting him over to her apartment ostensibly to have him sign some papers relating to their current divorce proceeding. Once he got there, she invited him to have sex with her. Frank paused and then continued, "It was only after the complaining witness saw the defendant and his first wife at a function at his children's school, the same school where the complaining witness's daughter attends, did the consensual sex they had get demoted to rape.

As to the order of protection, the defendant's only contact with the complaining witness since they separated was at the instigation of the complaining witness. Granting, the TOP would be a perfect opportunity for the complaining witness to abuse its authority and use it as a sword, not a shield. I am asking that no order issue.

Where is the defendant living now, Counselor? the judge asked.

He is staying with his brother at his brother's house and has been there since January, Frank replied.

Your Honor, we are talking about two violent felonies, the ADA added.

Judge, Frank interjected, let's also not forget the purpose of bail is to ensure that the defendant comes back to court. It is not a preview to punishment.

I am well aware of the charges and the purpose for bail, the judge replied as he looked at the papers in front of him. He paused a few seconds. Ms. Wagner, were these incidents reported to the police when they happened? I mean, these incidents happened in January and April, and he's arrested…uh…yesterday, May 7.

ADA Wagner looked through her file.

I'm sorry, Judge, I do not have that information, she replied.

Judge Statler flipped the court papers over and wrote something on the back of the papers.

The defendant is released on his own recognizance. Temporary order of protection to issue. Mr. Porto, you are to stay away from Helen Porto, and that means no communications with her either directly or indirectly or you will be subject to arrest and the additional charge of criminal contempt. Date?

June 18? asked Frank.

June 18, Felony Conference Part, announced the judge

Your failure to return on that day will result in a warrant being issued for your arrest for the charge of bail jumping. Have a seat in the first row and wait for additional court papers, a court officer announced. Having no further business, AR1 stands in recess until nine o'clock Monday morning. Please clear the courtroom.

Frank called after Porto, I want to talk to you after you get your copy of the order of protection. Wait for me out in the hallway.

Frank collected his things and approached the bench. He gave the judge some papers to sign.

Frank, I didn't say anything, but is this last guy eligible for 18B counsel? I saw he makes eleven hundred a week, the judge said as he signed the papers.

His work is seasonal, and he has some support obligations to contend with, Frank replied as the judge nodded and handed the papers back to Frank, who then walked out of the courtroom.

In the hallway, Frank found Joseph Porto and Maria hugging each other.

Mr. Porto? Frank interrupted them. The judge issued an order of protection. You are to have no contact with Helen, understand?

That's fine with me, Joe said. I couldn't care if I never saw that bi…uh…her, again. After a short pause, he continued, Mr. Logan, am I going to have to go to jail? he asked fearfully.

One step at a time. I'll see you in a few weeks.

Frank shook Porto's