the Made Men

CHAPTER 19

In the chambers with honorable Judge Robert B. Goldstein, the DEA's Assistant U.S. Attorney Andrew Hines had a back-and-forth argument with defending attorney, Gail Powers. Gail Powers had a reputation for being the most hated attorney in America. The part that the AUSA feared was that in every case Gail had versus the government, she won. Every time. Because of this, every criminal wanted her as their trusted attorney. You were practically guaranteed to walk with Gail on your side. But only if you could afford your freedom.

Gail pushed for the Gambino case to go to trial while AUSA Hines wanted a clean settlement. His terms were life in prison with no parole. Gail knew that if Gabriele was tried in front of a jury he had a fighting chance for freedom but AUSA Hines liked his chances. He wanted to back Gail into a corner with a settlement that would make Gambino want to plead guilty. But naturally, there was a catch. He wasn't going to make it as easy as it seemed.

"Playtime is over Powers. Gambino has been on house arrest long enough. We're ready to move forward." AUSA Hines tried to remain calm as he spoke. "What are we doing here? Your honor, back me up, Please."

After what felt like hours of back-and-forth bickering, Judge Goldstein finally intervened. "You're both big girls and boys. A decision will be made today. I don't care how long it takes."

Gail answered. "The charges brought upon my client couldn't have come at a worse time, your honor. I'm sure you, as well as the public, are aware that my client's son was brutally killed. My client is a mourning father. Because of this, we'd like a recess until a date and time that works for both parties."

"More time wasted again and again. This is a pattern, your honor. I am being denied the opportunity to provide legal counsel on behalf of the DEA and expose the truth to the American people. Actions have consequences." AUSA Hines rubbed his forehead. "First the whole charade of a heart condition to get house arrest, now this. It's preposterous. At this point, I'll be dead before this thing gets off the ground."

Gail looked shocked. "I didn't know you were a Doctor. To claim my client has a minuscule condition. As a Defense Attorney, I'm appalled."

"No, I'm appalled. This is a circus."

"We could set a clear course right now," Gail added. "Agree to take this thing to trial. Save yourself the embarrassment and keep what's left of your career. What do you say? What would it take?"

AUSA Hines laughed. "100 kilos of marijuana? Life in prison, no parole."

"Your ask is outrageous. The answer is still, no." Gail shook her head. "Innocent until proven guilty last I checked. My client is owed a fair trial. Nothing less."

"A trial won't erase the facts. We're talking millions of dollars here. A drug enterprise."

"You can't beat me in trial, which is why you want to settle." Gail continued. "You're afraid the evidence will fail to establish guilt by my client. Because of that, I'm confident that the jury will side with my client. 12 Jurors saying to your face, 'fuck you.' Must not be good for your ego. Look at the bright side. A hung jury might save your career. It would at least allow you to practice law in a different state. Just say the word. The United States versus Gabriele Gambino. Set the stage and bring your best game."

"100 kilos of marijuana. One hundred." AUSA Hines counted on his fingers. "Intent to sell, distribution, drug trafficking, possession, conspiracy to distribute. Is this how he runs his winery? Laundering his drug money through it?"

"Well, which is? First, you accused my client of being a supplier. Now the narrative has changed. Now you're accusing him of assisting dealers to sell drugs and laundering." Gail continued. "I'd like to raise the question: how did the government get wind of this? You just happen to be at the right place at the right time, right? Pure coincidence. Or are you illegally spying on the American people and invading privacy laws? For the record, marijuana Is legal now, might I add. But still, even if it wasn't, I'd like to see the evidence that supports these outrageous claims. Because let's be honest, the only people capable of getting 100 kilos of marijuana are the federal government. So maybe what I'm hearing is that my client was an operative part of The Comedown Initiative?"

AUSA Hines Replied. "We have no record of Ricardo Gambino being a part of The Comedown Initiative."

"I don't know that. Where's the documentation that supports that? It's your word versus mine. If my client is in fact a part of the Initiative, then the charges against him would be null." Gail folded her arms.

"You're saying life is too much, I'm saying it's not enough." AUSA Hines shrugged. "Give me a number. A reasonable number."

Gail thought about it for a few minutes. Of course, if she had it her way Gabriele would do no time. But Hines wanted her input so she figured it was fair game. "If you can in fact prove your said evidence belonged to my client, and he wasn't framed. I could get him to plead out. I'd agree to ten."

"Ten? You're joking, right? If not life, I'd settle on forty minimum. No parole."

"Anytime without parole is a waste of my time."

"So forty is reasonable?"

"C'mon. We both know I'm a shark. After fifteen the panel would grant parole. I personally would guarantee that." Gail smiled.

"I could always say no time if he agrees to talk." AUSA Hines smiled back. "Not like you care, right? Just another W on your Scoreboard."

Gail rolled her eyes. "You think he'll talk?"

"Never say never." AUSA Hines thought about the offer and then immediately countered. "Twenty, no parole. Gambino actively serves the rest as an informant. Pays fines equivalent to 100 kilos."

"Anything above fifteen is a waste of both our time. Only after you provide sufficient evidence not linked to The Comedown Initiative. Then I'll advise on settling." Gail shrugged. "Gambino pleads guilty. Does ten with parole, five years probation. And pays the alleged equivalent."

Ausa Hines deeply sighed. "I'll draft the papers and have them for you shortly."

From there, Gail went to the Gambino residences to deliver the news. She ultimately made the decision for Gabriele. She was able to reduce a life sentence down to ten years with parole. But that wasn't the tip of the iceberg. She had another chess move up her sleeve.

She relayed the message and then asked Gabriele. "Unless you're willing to talk?"

"Be a rat?" He held his hand over his heart. "I would rather do life. In fact, I'd rather be put on the ground next to Ricky."

She showed him the official documentation and then handed him a hundred-dollar pen. "Agree to ten, let me work some magic. I'll have you out in five on probation. All you have to do is make it official." She handed him the pen.

In the same motion, Gabriele signed the document and officially pleaded guilty to all charges.

"Good. Now that the legal portion is out of the way, I want to offer you an alternative solution." Gail asked. "How much is your freedom worth?"