Dec 7

Dec 7 Cashing In

Cashing In - book excerpt

Chapter 1

John Brown’s palms were sweating. He began to shake his legs uncontrollably.

“John, I need you to relax. Things are going to be okay,” whispered his lawyer, Alfredo Gómez. “You need to keep your composure. Everything is going to work out.”

“I’m sorry, but I’m so nervous. I will do my best.”

Alfredo patted John on the back. Alfredo had been practicing criminal law in Miami for twenty-five years and knew how to comfort his clients during tense situations.

“Dr. Brown. I understand that you have accepted the plea agreement offered to you by the Assistant State Attorney. Is that correct?” asked Judge Stewart Decker.

“Yes, Your Honor. That is correct.”

Judge Stewart Decker removed his glasses from his head and put the temple tips in his mouth.

“Dr. Brown, would you like to address the court?”

“Yes, Your Honor,” John said as he approached the stand.

“Your Honor, I recognize that I have an addiction to opioids. I suffered tremendous back pain after my car accident. The pain management doctor gave me Oxycodone, and I became hooked on this highly addictive drug. I am confident that I can receive treatment and continue my work as a cardiologist. I have had the privilege of helping save people’s lives, and I am asking you to spare my life so I can continue to be a productive citizen. I am begging for your mercy,” John said as he started to cry.

Alfredo adjusted his tie and stood up. “Your Honor, we would like to call several character witnesses.”

Three of John’s colleagues took the stand, one at a time, and said that John was a wonderful person and colleague. Moreover, John’s boss at Miami Cardiology and two other friends told the judge that John was an excellent person, but he needed help for his addiction to opioids.

“Judge, Dr. John Brown is an outstanding citizen,” said Alfredo. “He has made some mistakes. However, we are confident that he can turn things around and make a positive impact on society. Dr. Brown is not a career criminal. He is not some drug kingpin. He is someone who needs help. We ask the court for mercy. Thank you, Your Honor.”

“Thank you,” said the judge. “I accept your plea. The defense is asking for zero jail time and probation, while the State Attorney’s office is seeking three years in state prison. Dr. John Brown, I hereby find you guilty of possession of a controlled substance. Dr. Brown, you were pulled over by the Miami Dade Police for speeding and reckless driving. The police report indicates that you swerved and almost hit another car. The officer found dozens of bottles of Oxycodone in your vehicle. Moreover, you have admitted using these pills while at work. You said that they helped you control your back pain, and you could not perform your job without them. This is a dangerous precedent, and I want to make an example out of you. Please note that the sentencing guidelines are, by definition, recommendations. As the judge, I can move beyond those guidelines when I believe it is appropriate. I hereby sentence you to ten years in Florida State prison. You will be fined seventy thousand dollars plus court costs. Finally, you must attend drug treatment while incarcerated.”

“Ten years!” yelled John. “I’m not Pablo Escobar. I’m not some drug kingpin. I’m a doctor.”

“Order in the court! Order in the court!” demanded the judge.

The veins on John’s neck started to bulge. He threw over his chair in rage and stormed toward the judge.

“This is nuts!” John screamed. “I might as well have killed somebody.”

“Bailiffs, arrest this man!” yelled the judge.

Three overweight bailiffs ran over and tackled John to the ground.

“Get off me!” John yelled. “This is ridiculous, Your Honor! I am a cardiologist, not some drug trafficker. You’ve ruined my life, you scumbag!” he screamed as the officer sat on him and placed handcuffs around his wrists and ankles.

“I’ve heard enough. Remove him! I am finding you in contempt of court, and I will add another two months to your sentence.”

The bailiffs lifted John up and placed him on his feet. “You need to calm down,” barked one bailiff.

“Tim, get the waist shackles,” instructed another bailiff.

John felt another rush of energy and lunged for the judge. The three bailiffs threw him to the ground, as four more bailiffs rushed in through the doors of the courtroom.

“Quit resisting!” yelled one bailiff.

“We will tase you!” said another.

“Grab his legs, and we’ll pick him up by his arms,” instructed the head bailiff. “Calm down, John. Don’t make this harder than it already is.”

John yelled as the bailiffs escorted him out of the court room and over to the county jail, which was connected to the courthouse.

“Well, ladies and gentlemen, court is adjourned,” said Judge Decker.

“All rise,” instructed the bailiff.

As the judge went back into his chambers, Alfredo approached Franco Ruben, the Assistant State Attorney.

“What the heck, Franco? We had a deal. The judge just gave my client an insane sentence. He didn’t kill or rape anyone.”

“I honestly have no idea what just happened.”

“This is nuts. Is this justice? The entire point of a plea bargain is that you’re accepting guilt and trying to get a better deal. Did you miss that day at law school? I don’t know if they taught you that at clown college.”

“Don’t knock clown college,” said the prosecutor with a smirk. “You know statistically it’s harder to get into than Harvard.”

“Miami is full of criminals, and we just sent an Ivy League-educated cardiologist behind bars for a decade. Our criminal justice system is a nightmare.” Alfredo glanced toward the judge’s door. “I’m going to appeal this sentence. This is cruel and unusual punishment. Has the judge ever heard of the eighth amendment?”

“I understand your frustration, Alfredo, I really do. But I didn’t make this decision. Off the record, I would’ve been happy with zero jail time and probation. It would’ve been another win for me, as I can record another guilty plea. The new state attorney is hammering us that we need to get our conviction rates up.”

“I’m going to go to the media,” Alfredo said. “I will make this a national news story.”

“Go ahead, but you know just as well as I do that there are thousands of these stories in the criminal justice system. You ever hear of the guy who was sentenced to life for stealing a piece of pizza? You can thank Bill Clinton and the 1994 Crime Bill for that one. Three-Strikes and you’re out. People aren’t going to be outraged by your wealthy doctor who popped pills every week.”

“And you wonder why people hate the criminal justice system. Don’t worry Franco, you can chalk this up as a win for you. In a few years you’ll be out of this terrible job and can become a judge. Enjoy presiding over traffic court. There are plenty of constitutional issues that arise when dealing with parking tickets.”

“The heck with you,” said Franco.

“I’m sorry man, but I’m so angry! John is a great guy, and I don’t understand what just happened.”

The assistant state attorney turned to Alfredo and patted him on the back. “Good luck, man. Let me know how it turns out.”