SURVIVORS

SURVIVORS

© 2017 by Stephen Shaiken

Jack pulled the file off the top of his desk. It was his only case where the defendant, prosecutor, and judge were still breathing.

He stuffed the file into his leather briefcase, snapped it shut, and walked out of his office. He did not lock the door.

"Jack Feld, Attorney at Law" was stenciled in gold on the door's frosted window.

He had left his car in front of a fire hydrant.

No chance of a ticket, he thought as he started the engine.

He reached the courthouse within minutes. He drove onto the sidewalk and parked at the foot of the courthouse steps.

He grabbed his briefcase and charged up the stairs, pushing his way through the wooden doors of the stone building.

He walked through the unmanned metal detector. A lone Deputy Sheriff leaned against a wall. He nodded silently as Jack passed him.

At the end of the hall, Jack took the staircase to the next floor, two steps at a time. Courtroom Three was off to the right of the landing. He pushed open the doors, and hurried to the defense counsel table.

The judge was on the bench, wearing his robes. He silently nodded as the lawyer dropped into his chair.

The prosecutor was seated at the People's table. She smiled weakly at Jack. He smiled back.

A minute later the deputy Jack had seen in the hall emerged from the door in the rear of the courtroom escorting a handcuffed male prisoner dressed in an orange jumpsuit. The prisoner wore a smirk on his face.

What could he possibly find funny, Jack wondered.

The deputy lead the prisoner to the counsel table, pushed him into the chair next to Jack and took up position behind him. He then called out in a normal voice, not the boom of a courtroom crier.

" Department Three of this Court is now in session. The Honorable Harold Fletcher, Judge Presiding. The case of the People versus James Kapp. Docket number 10356."

Judge Fletcher started down at the assembled gathering, peering over the glasses that sat halfway down his nose.

"Today is the day set for trial," he somberly intoned. " Ms. Howard, are the People ready to proceed?" he asked, gazing at the prosecutor.

The prosecutor slowly stood and replied.

"No your honor, we are not. Subpoenas were served on all witnesses several weeks ago but none have appeared in court nor have I heard from any."

"Is there a motion from the defense?" the judge asked, looking at Jack.

"Yes, Your Honor," Jack replied. "The defense moves for dismissal of the charges for lack of prosecution under the Speedy Trial Act."

"Any opposition from the People?" the judge asked, looking at Assistant District Attorney Patricia Howard.

"No Your Honor," she replied. "In view of the circumstances, the People have no opposition."

The judge stared down at Kapp, who still had a smirk on his unshaven face.

"Mr. Kapp, in accordance with the Speedy Trial Act, I hereby order the information against you dismissed and order that you be released forthwith.

"Deputy Flynn will escort you back to the jail where your property and the clothes you wore at the time of arrest will be returned to you.

"Please be advised that the People may refile these charges anytime within the next sixty days, so please stay in touch with your lawyer.