Judge Thunder lives up to his name. He’s a hanging judge, and he prejudges cases, and if you get convicted, you’re going away for a long, long time. I know this not from hearsay, however, but from personal experience.
Before I was a public defender, when I was clerking for a federal judge, one of my colleagues became tangled up in an ethical issue involving a conflict of interest from his previous job at a law firm. I was part of the team that represented him, and after years of building the case, we went to trial in front of Judge Thunder. He hated any kind of media circus, and the fact that a federal judge’s clerk was caught in an ethical violation had turned our trial into just that. Even though we had an airtight case, Thunder wanted to set a precedent for other attorneys, and my colleague was convicted and sentenced to six years. If that wasn’t shocking enough, the judge turned to all of us who had been on the defense team. “You should be ashamed of yourselves. Mr. Dennehy has fooled you all,” Judge Thunder scolded. “But he hasn’t fooled this court.” For me, it was the last straw. I had been burning the candle at both ends, working for about a week without sleep. I was sick as a dog, on cold medication and heavy doses of prednisone, exhausted and demoralized after losing the case—so perhaps I was not as gracious or lucid as I could have been in that moment.
I might have told Judge Thunder he could suck my dick.
What ensued was a chambers conference where I begged to not be disbarred and assured the judge that I did not have, in fact, any male genitalia and had actually said, Such magic! because I was so impressed by his ruling.
I’ve had two cases in front of Judge Thunder since then. I’ve lost both.
I resolve not to tell Ruth about my history with the judge. Maybe the third time is a charm.
I button my coat, getting ready to leave the courthouse, giving myself a silent pep talk the whole way. I’m not going to let a tiny setback like this affect the whole case for me, not when we have jury selection next month.
As I walk out of the building, I hear the swell of gospel music.
On the New Haven Green is a sea of black people. Their arms are linked. Their voices harmonize and fill the sky: We shall overcome. They carry posters with Ruth’s name and likeness on them.
Front and center is Wallace Mercy, singing his heart out. And beside him, her elbow tucked in his, is Ruth’s sister, Adisa.
I’M WORKING THE CASH REGISTER, getting toward the end of my shift, when my arches ache and my back hurts. Although I took as many extra shifts as I could, it was a bleak and meager Christmas, and Edison spent most of it sullen and moody. He’s been back at school for a week, but there’s been a seismic shift in him—he barely talks to me, grunting out responses to my questions, riding the knife edge of rudeness until I call him on it; he’s stopped doing his homework at the kitchen table and instead vanishes into his room and blares Drake and Kendrick Lamar; his phone buzzes constantly with texts, and when I ask him who needs him so desperately he says it’s nobody I know. I have not received any more calls from the principal, or emails from his teachers telling me he’s slacking on his work, but that doesn’t mean I’m not anticipating them.
And then what will I do? How am I supposed to encourage my son to be better than most people expect him to be? How can I say, with a straight face, you can be anything you want in this world—when I struggled and studied and excelled and still wound up on trial for something I did not do? Every time Edison and I get into it these days, I can see that challenge in his eyes: I dare you. I dare you to say you still believe that lie.
School has let out; I know this because of the influx of teens who explode into the building like a holiday, filling the space with bright ribbons of laughter and teasing. Inevitably they know someone working table and call out, begging for free McNuggets or a sundae. Usually they don’t bother me; I prefer to be busy rather than slow. But today, a girl comes up to me, her blond ponytail swinging, holding her phone while her friends crowd around to read an incoming text with her. “Welcome to McDonald’s,” I say. “Can I help you?”
There is a line of people behind her, but she looks at her friend. “What should I tell him?”
“That you can’t talk because you’re meeting up with someone,” one of the girls suggests.
Another girl shakes her head. “No, don’t write anything. Keep him waiting.”
Like the customers behind her in line, I am starting to get annoyed. “Excuse me,” I try again, pasting a smile on my face. “Are you ready to order?”
She glances up. She has blush on her cheeks that has glitter in it; it makes her look awfully young, which I’m sure is not what she’s going for. “Do you have onion rings?”
“No, that’s Burger King. Our menu is up there.” I point overhead. “If you’re not ready, maybe you can step aside?”
She looks at her two friends, and her eyebrows shoot up to her hairline as if I’ve said something offensive. “Don’t worry, mama, I was jus’ aksin’…”