The Education of a Maverick Prosecutor, Part III: Combat

by Bruce Han­ify  Seat your­self at a large wooden table, a dinged-up relic from the mid-1960s. Before you sits 60 to 80 files, which you learn to han­dle the way a short order cook han­dles burg­ers. Some of them have been hang­ing around since before your time and give off a dis­tinct odor.  Your court cal­en­dar has 60 to 70 defen­dants’ names on it. Most of the entries are pre­tri­als that can be han­dled in a few sec­onds, but then come the motions that need be argued and, at the end of the cal­en­dar, maybe 3 to 4 bench tri­als. The cops sit in the back row, bored, frus­trated, angry — count­ing their over­time, maybe, or hat­ing you, if it’s their day off, or maybe just because they hate you. You are play­ing the key­board of Jus­tice; many in your audi­ence hear only the sour notes.  Cat­calls and boos are expected.

Behind you sits a room­ful of crim­i­nal defen­dants, their friends and fam­ily. The bulk of them want to see “the man” — uh, that would be you, poo­dle — eat it.  Maybe the judge decides this is the right moment to play “whip the pros­e­cu­tor.” On the slight­est pre­tense, he finds some­thing to nit­pick — some­thing entirely irrel­e­vant, mind you. His nit­pick­ing is con­sciously inac­cu­rate, designed to dimin­ish you and enlarge him. He gets appre­cia­tive tit­ters from an audi­ence that can’t vote. Oh ha ha! A laugh at the prosecutor’s expense.

Breaks the day up.

The Sys­tem doesn’t have a brain, only a stom­ach. There’s a guy who told the truth about a hunt­ing vio­la­tion who got hit with the entire fine and sus­pended jail time for telling the truth, whereas the mother-son check schemers walk out the door because the sub­poe­naed bank wit­ness doesn’t bother to show up, and the judge dis­missed the case.  I turn around to watch the kid check-writer mouth “f _ _ _ you” to me as he leaves.  He and his mother will be laugh­ing when they hit the curb. Have to remem­ber to send that kid a valen­tine next spring.

You get through your 40 to 50 pre­tri­als and pro­ba­tion vio­la­tions.  Now it’s on to the motions. The troop­ers, deputies and offi­cers in the back row have been grum­bling, and rest­less. Well, some of them. The lazier ones who don’t like to work, but like the over­time, are con­tent. You might get a call from a sergeant later: “God­damnit, I don’t want to pay overtime!”

Yeah yeah.

Two sup­pres­sions went okay; the judge sup­presses the third. I dis­miss that case. On to the bench trials.

The monkey-man in the wife-beater grins through mot­tled teeth while he scratches his pits from the wit­ness stand. He makes a weird mon­key sound when he grins and has an odd habit of scratch­ing at his pits, like .… you know. A mon­key. He tells his side of the story through a perma-fried grin. Yeah, I saw the crip­pled woman beat the hell out of Joe. Sure, Joe is big and mean and lazy as a cut dog, but on this par­tic­u­lar day he was all vic­tim! Poor Joe didn’t stand a chance!

The crip­pled woman is con­victed. Can’t have peo­ple her that on the street! Peo­ple like mon­key man deserve to feel safe, too, you know. The law is blind to clothes and body odor. And brains.

Well, and some­times blind to truth, but that doesn’t matter.

I hug my files to my chest and leave the court­room, four new con­vic­tions to forget.

Back to the bunker, with its sur­plus desk and tired, beige phone, cracked and smudged with black stains.  Back to the other grunts who have the same dark humor I do.  We crank out rounds of sar­casm and deri­sion while clos­ing out files and mak­ing notes before going home.

Come 5:30 I’ll go home to a dark house and watch Clint East­wood movies.  By the time I lay down, this day will no longer be.

But tomor­row?  Promises more of the same.

Books by Bruce Han­ify at Smash­words
Bruce Han­ify 2010 All Rights Reserved

The Education of a Maverick Prosecutor, Part VI: Compassion

by Bruce Han­ify  Things changed for me as a result of being put into “the bucket” — the Invol­un­tary Treat­ment Act (“ITA”) hear­ings at the Memo­r­ial psy­chi­atric unit in Yakima.  Each of us pros­e­cu­tors in that rota­tion were there for a month at a time, twice a year.  With two “men­tal” hear­ings every week, that meant you were at the hos­pi­tal by 8 a.m. eight times a month.  Dur­ing that time I became famil­iar with the face of men­tal ill­ness.  How that affected me I could not have foreseen.

It grad­u­ally dawned on me that many decent human beings are trapped in some sort of rep­e­ti­tious chem­istry pat­tern from which they can’t escape.  I’ve heard crim­i­nal defen­dants say, “Your Honor! This isn’t me!”  And from my con­di­tion­ing, and my own prej­u­dice, I assumed they were mak­ing excuses.  My rota­tion through the ITA hear­ings taught me oth­er­wise.  What I finally saw was that there is this kind of sta­tic, or white noise, that oper­ates like an Atten­tion Deficit Dis­or­der in many peo­ple.  It’s like they can’t get their lit­tle mar­ble to roll down the same track every day.  Peo­ple who don’t overeat assume peo­ple who do are weak; peo­ple who per­form sim­i­lar func­tions every day assume those who can’t are moral fee­blings.  The fact is, depres­sion, overeat­ing and, in many cases, crim­i­nal con­duct, are func­tions of brain chemistry. But we don’t dis­cuss brain chem­istry. We thump peo­ple. Then we won­der why they don’t get fixed.

The dra­matic exam­ples are per­haps less instruc­tive.  I saw a lit­tle fel­low so far out of con­trol that it took three big lugs to throw him to the floor and strap him to a board.  Two days later, after the meds kicked in, he was a lucid and very intel­li­gent — and very charm­ing — fel­low.  His mother was a long-time edu­ca­tor, a Ph.D.  There was no short­age of intel­li­gence in that fam­ily!  What I learned from sev­eral of the psy­chi­a­trists was that fre­quently very intel­li­gent peo­ple are also not very sta­ble men­tally.  It goes with the turf.  Sev­eral psy­chi­a­trists have told me, for exam­ple, that you can’t have bi-polar dis­or­der unless you have a fairly impres­sive IQ.  One psy­chi­a­trist put it bluntly: “Stu­pid peo­ple don’t go bipolar.”

But the truly trou­bling cases are those folks who wan­der in and out of society’s insti­tu­tions with ghostly anonymity.  Their lives never gel.  They live with fear and anx­i­ety and con­flict, all of which com­pound one another over the years, a thick layer of scar tis­sue that suf­fo­cates the life from them.  After God knows how many tours through jails and men­tal hos­pi­tals, their self-image is shat­tered; and no mat­ter how much peo­ple put on the face of com­pas­sion, deep down these folks know them­selves as rejects.  They don’t really believe any­one is there to help them; they’ve stopped believ­ing any­one can.

It is truly aston­ish­ing how many peo­ple in the men­tal health pro­fes­sions don’t seem to have any gen­uine insight into suf­fer­ing.  The sys­tem is loaded with psy­chol­o­gists who believe they’re per­form­ing heal­ing func­tions when they say things like ‘cog­ni­tive’ or ‘behav­ioral’ while adopt­ing the most intel­lec­tual expres­sion they can muster.   It takes a rough and tum­ble Irish-American like myself to see it.  I some­times joked, “The Irish are born bipo­lar.”  Those of us who have felt the sting of lonely anguish have a gen­uine con­nec­tion with those who cry out, “Your Honor! This isn’t me!”  The prob­lem is, see­ing that and doing some­thing about it are two very dif­fer­ent things.

Bureau­cra­cies are not geared to address that very human side of things, which is a bit ironic when you think of it.  If gov­ern­ment funds can’t sus­tain an effec­tive heal­ing sys­tem for the men­tally ill, what would?  That’s a legit­i­mate ques­tion, to which there is no ready answer.  Most Amer­i­cans lazily assume that once the gov­ern­ment has spent money, the prob­lem is solved.  When you and I slough off our cre­ative, problem-solving pow­ers to an abstrac­tion, we really haven’t done any­thing except evade the issue.  I would describe that iner­tia as typ­i­cal of how we gov­ern our­selves in Amer­ica.  Cre­ativ­ity is local; gov­ern­ment is abstract.  Want to solve prob­lems?  Get in there and go to work.

A reader asked the other day, “Do you really believe that we have lawyers because peo­ple won’t accept respon­si­bil­ity?”  She then observed that when peo­ple try to argue their own cases in court, they are shut out.  This posi­tion has two prob­lems.  First, it assumes that ordi­nary peo­ple typ­i­cally make ratio­nal argu­ments, which isn’t true.  Peo­ple make emo­tional, not ratio­nal, argu­ments.  If it were oth­er­wise, this coun­try would be a very dif­fer­ent place.  The sec­ond prob­lem is that she missed my point. If your life can only be resolved in the court­room, you are not tak­ing respon­si­bil­ity for it.

As a result of my tour through the men­tal health sys­tem, I con­cluded that we are bar­bar­ians when it comes to address­ing human suf­fer­ing.  We really don’t know what we’re doing.

And no, I don’t have an imme­di­ate answer.  One thing I do know is, Amer­i­can soci­ety would be wealth­ier and more peace­ful if peo­ple were encour­aged to pull their own weight with­out resort­ing to blame, whether penal blame, polit­i­cal blame, or any other kind of blame.  Blame doesn’t heal.  Respon­si­bil­ity does.

How to do that?  Do you have any ideas?

ALL RIGHTS RESERVED BRUCE HANIFY 2012