Alberto's Dilema Aftermath Part 3

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As the recess began, Nitty, his cronies and the families filed out. They all met at the entrance where Nitty suddenly hits Alberto's father with a hard shoulder, as if he was leading the charge with a block, the senior Morales hits the door hard and responds with a "what the fuck kid," "fuck you old man and fuck your kid too, he's dead, that's word to my crown," says Nitty as he continues to walk towards the elevator with Beezo not that far behind him. Rambo makes the slit throat gesture with his finger, they both grin while waiting for the elevator door to open. Before the door closes he yells out "hey bitch hold this for me" as he spits directly in Alberto's mother face.

"Things are getting out of control do you believe these fucking punks" the father mumbles to himself as he paces back and forth while waiting for his wife to come out the bathroom. "I'm not letting them get away with this," he then turned his attention back to his son, "I got to get Junior out of there before they kill him." Alberto's uncle Pedro, had assured him he had the collateral to put up, to secure his bond, the deeds to his two homes, along with fifty thousand in his bank account was awaiting the judge's decision. The family had already retained a high priced lawyer to represent his nephew and he was confident the lawyer would get them to agree to the terms ultimately signing off on the bail package. Mr. Kunic had successfully gotten his clients off on numerous charges over the years, four murder charges thrown out, another three dropped down to reckless manslaughter which is what he hoped his nephew would get, his charges reduced. He had to trust the process and have faith in the judicial system, you're presumed innocent until proven guilty but here in Brooklyn Supreme Court, the conviction rate was slightly higher than the cop out rate. No man or woman with any common sense would cop out to twenty five to life, even if they were caught red handed with the murder weapon on them. Pleading not guilty was a common practice or as lawyers knew it, standard operating procedure, in court terms.

The court officer was opening the doors, court was back in session. Pedro spots the lawyer and reminds him to mention the bail package scenarios they had discussed over the recess. While in chambers each scenario was signed off on by the judge, who wholeheartedly assured him that the prosecution would sign off too. Still shaken by what had just transpired in the hallway, the mother rocked back and forth as her husband clutched her hand. The judge was seated "all rise the honorable Judge Santos is presiding you may be seated" "Do you have any further questions for your client?" said the judge. "Yes your honor there is," turning to June he asks "in school you're also known as June correct?" "Yes sir that is correct." "So you must be the same June who was attacked in the lunchroom a month ago," "I object your honor, he's baiting the witness, knowing for a fact that he was indeed the victim assaulted in the cafeteria a month ago." "Sustained" the judge spoke as he slammed the gavel. "Any other questions for the witness?" "No that will be all your honor, I have no further questions, the state can proceed with Mr. Morales."

The prosecution starts their cross examination with "can you please explain to the courts what you were thinking at that very moment when you squeezed the trigger Mr. Morales? Did you really fear for your life as you stated earlier? While at the same time you were also the aggressor?" "Objection your honor he's baiting and misleading my client." "Council where are you going with this?" says the judge. "Okay your honor, Mr. Morales once the fight was broken up you were free to go home. Why didn't you? Because from where I'm standing, this was definitely a pre-meditated act of pure evil. When you reached down and grabbed that firearm you had every intent to use it without a shadow of a doubt. You purposely intended to take his life and settle the score once and for all. The mention of the deceased having gang ties is highly irrelevant, considering the fact that you, Mr. Morales were the real gangster that night, who got tired of coming out on the losing side of the fisticuff exchanges with the deceased. Back in my school days you fought, but you lived to see another day. Mr. Morales took matters into his own hands, yeah you definitely had it all planned out. Play victim and have everyone sympathize with you, shed some tears and win over the jurors, who would be sobbing right along with you. Yes, the defendant had it all mapped out, first tarnish his image, then destroy this young man's credibility and character. Quite frankly, it's obviously clear that this is a case of vengeance at all cost. To protect the safety of the deceased family, as well as the public, it is critically important that the defendant remain remanded. The state has more witnesses coming forward. We have more than sufficient evidence to guarantee us a conviction. After all, everything he says can and will be used against him in this court considering he is under oath. Your honor and the people of the court, once I lay out all the facts and expose Mr. Morales and put an end to his façade, the courts will be left without a reasonable doubt that he is in fact guilty." "Are there any further questions councilor?" "Yes your honor just one more, a rather simple one as well. We all know you did it, but what we really want to know is, why did you do it?" "Objection your honor he's once again badgering my client." "Sustained." "That'll be all then your honor." "The jury can now proceed with deliberations so they can render their verdict. I will afford both parties a fifteen minute break, this court is adjourned for recess." "Can I have a word with my client?"

"Listen kid if there's anything you've left out or want to tell me, now's the time, if you want me to take back your plea and take an offer we can also go that route? Once the jury's verdict comes in there's no turning back. The state has a high conviction rate. Understand there's a good chance you're gonna be indicted today. Are you ready to stand trial where the stakes will be even higher? These are all questions you must ask yourself." June finally speaks "so you telling me that the jury is not gonna believe me? You didn't call any of the witnesses on my behalf!" "That takes time Mr. Morales, once they're interviewed, all the facts are gathered and if they decide to testify at trial, then they will be heard, but right now I hope you're hearing what I'm telling you. If you're indicted and remanded I'll have the motion on a bail hearing put in immediately. A murder charge isn't a race but more of a marathon kid. Honestly this can go either way and I know it's hard not to get emotional about it, but at trial the jury will be looking for that and much more. Expressions, posture, eye contact. remorse, you name it. This is a good opportunity to get everything in order." "With all due respect Mr Kunic, this is my life on the line not yours. So how the fuck am I gonna act like this is a bullshit case. You have no idea what is awaiting me, once I get back to Rikers Island. There's a price on my head, I'm wanted dead or dead. Three members of his crew were present at the hearing, they probably waiting for the indictment decision to be announced, to spread the word themselves. One made a gun gesture with his hand in the direction of my parents. So how do I disregard that and act like nothing?? I've never been in jail before and how I'm public enemy number one in every building on the island, I'm a dead man. Not even in protective custody am I safe, it's only a matter of when and where so I might not make it to a trial." "I can put in for a transfer and get you off Riker's Island solely on the grounds that this is a high profile case. I'm sure both the district attorney and the judge will sign off on it." "Please do because I'm afraid of what's gonna happen, so the sooner the better. A couple of the C.O.'s were ready to feed me to the vultures, there are officers with the same gang affiliation as him. I don't feel safe at all please get me out of there." "Get it together because court is about to resume in a few minutes. We can't let the district attorney or the jurors see you scared stiff. Do you smoke cigarettes? I have one if you need one. I'll have the court officer bring you back to the holding cell to smoke one." "I never once even thought of smoking, but right about now I could smoke a whole pack. "Give me a minute, here's two" while he passes the lighter. "Smoke up, relax and think about what we discussed. Hopefully you come back calm and composed, because this marathon is just beginning and I need you focused." He nods in agreement as he follows the officer towards the holding cell.

Once inside the cell, he lights up the first one and immediately starts coughing after inhaling a deep pull. He has a seat as he begins to feel dizzy. He felt like the walls were closing in on him. He was in too deep and he knew it. Why the hell did I pick up the gun? More importantly, why did I fire it? A warning shot would have been good, but it was too late, he was dead and that will be the cause of my death. The thought of life in prison sent chills down his spine. It was hard to accept that after this grand jury hearing, his fate could be sealed. A straight A student arrested on murder charges, forget college and parties or a fraternity, he was heading to the penitentiary, but first could he even survive and withstand the dangers that awaited him on that dreadful island, where the animosity and violence lingers in the air like cheap tobacco.

"Listen kid if you left out anything, I think now's the time to spill the beans. The jury will be coming back with a decision in another fifteen minutes. There's no turning back once the decision is read." "I've told you everything, this is my life hanging in the balance, so why would I hold something from you. There they are again, this time they have another goon too. Everybody is waiting for this decision, I don't feel safe, I fear for my family's safety. These guys are ruthless. Did you just see that? He was just pointing at me, wait a minute. I've seen that older guy who just sat down...what the fuck? That was the C.O. from the intake in OBCC on Rikers island. I'm a dead man there's no way I'm walking out this courtroom alive. Oh my god..." "Get it together, here comes the jury. I'm gonna inform the court officers and the district attorney who's in the audience. I assure you, if you're indicted you will be placed in protective custody immediately." "All rise for the judge presiding over this courtroom, do we have a decision on the indictment."

"Yes we do. We choose not to charge Mr. Morales with murder in the second degree, however we do support the charge of criminal possession of a firearm with intent to harm. We also support the charge of negligent homicide." "Is there a bail decision on this matter?" "Yes your honor, we ask that bail be set at no less than fifty thousand, along with house arrest." The lawyer whispers in his ear, "your family has the money to post your bail, sit tight I'm going to arrange all the paperwork now." June nods and simply puts his head down as he is led away. 

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