Judgment Day

Early the next morning, they took Catherine from her cell at the Bayview Correctional Facility, hand cuffed her and loaded her into a van along with a half a dozen other prisoners. Eventually they stopped. Armed guards hustled them out of the van. She found that she was at the New York Criminal Court building located at 100 Centre Street for her felony arraignment by the state of New York.

Judges hated doing arraignments. It was a thankless job. They were supposed to get through dozens in a day but somebody always stuffed up the works along the line.

Judge Reed Smutts had been semi-retired but some extra money on the bench always came in handy for a few of the extras in life. He could always find all the work he wanted doing arraignments.

He had worked in many courtrooms across New York City, but he always took with him the same three line sign.

Rule No. 1, Be patient. The second line was, Rule No. 2, Be patient, third line, Rule No. 3, Be patient.

He knew how much he needed to operate by that rule.

After several routine cases, the sheriff escorted Catherine into the courtroom. She looked around. This wasn't a TV show, she realized somehow. It was actually happening around her.

The bailiff was a tall Black man. He stood forward and read in a bored voice from a piece of paper. "State Of New York versus Catherine Alice Martin. Case No. 10213. The Honorable Reed L. Smutts, Presiding Judge. Appearances, For the State: Assistant District Attorney Frederick J. Watts. For The Defendant Lillian Hassler, Attorney at Law. In The Criminal Court for the Borough of Manhattan, New York"

Judge Smutts read the charges and behind his thick glasses the caterpillars of his eyebrows shot straight up in amazement. "Ms. Catherine Martin." He shook his head and read the list twice before proceeding in lack of belief."Ms. Martin, you've been charged in an indictment by the Manhattan Borough Grand Jury with felony violations of the penal code namely section 120.10, assault in the first degree, 125.26, attempted murder in the first degree, 135.10, unlawful imprisonment in the first degree, 135.25 kidnapping in the second degree, 125.25 Felony Murder, 105.17 conspiracy in the first degree, section 265.04 criminal possession of a weapon in the first degree and 265.09, criminal use of a firearm in the first degree and a second charge of 135.25 kidnapping in the second degree and a second charge of 135.10, unlawful imprisonment in the first degree and another 265.09, criminal use of a firearm in the first degree and this we have a 265.03, unlawful possession of a weapon in the second degree with the intent to use same against another human being. Those are all felonies. You are also charged with misdemeanor offense 260.10, endangering the welfare of a child. Mr. District Attorney, as I make it that's everything from two class A1 violent felonies to an A misdemeanor?

Assistant DA Watts nodded. "It is."

"Okay." He had a sinking feeling about getting out on time with this case. "Ms. Martin, do you understand what the charges are against you?"

Catherine looked at him, feeling very alone. "I do not."

"Council for the Defense, do you waive the reading of the charges?"

"Yes," said her lawyer, but "No" said Catherine even louder."

Judge Smutts felt the long list in his hand. "Do you really need me to read them to you?"

Catherine's attorney whispered in her ear "This is going to really piss him off. Don't do it."

"Yes," Catherine said firmly, then followed it with a timid "Your honor."

Smutts poured himself a glass of water. This was going to be a long one. He would need to keep his throat from going dry. "Okay. Well, then I will read them to you. In count one, you've been charged that on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did unlawfully assault one Bridget Kelly by putting a dangerous quantity of sleeping pills in her tea and then put her in a bath of water, in violation of New York criminal code Section 120.10, all of which is against the peace and dignity of the State of New York.

In count two, you've been charged that on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did unlawfully attempt to murder one Bridget Kelly by putting sleeping pills in her tea and then attempt to drown her in a bath, in violation of New York criminal code Section 125.26, all of which is against the peace and dignity of the State of New York.

In count three, you've been charged with on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did unlawfully by physical action did detain Andrew Martin, Bridget Kelly and Juliet Martin, a minor, in violation of New York criminal code Section 135.10, all of which is against the peace and dignity of the State of New York.

In count four, you've been charged with on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did furthermore unlawfully take by gunpoint Bridget Kelly to the domicile of one Olivia Charles, in violation of New York criminal code Section 135.25, all of which is against the peace and dignity of the State of New York.

Catherine shook her head and stepped towards the bench, stopped only by the table and her restraints. "Wait, that was Siobhan Martin. I don't know any Bridget Kelly. I don't know any Bridget Kelly."

Her attorney put her hand on Catherine's shoulder and whispered into her ear. "Keep quiet. Just answer yes or no."

The District Attorney stood. "Your honor, these assaults were done upon Bridget Kelly the sister of Siobhan Martin. The notes here state that Ms. Kelly had been staying with the Martin family and that Catherine Martin in the attempt to murder Siobhan Martin, the wife of her ex-husband, did confuse the two and in fact accidentally almost kill her twin sister instead."

Her head reeled. It couldn't be. She felt crushed. To have failed at killing Siobhan was bad enough, but to have failed at killing a total stranger she thought was Siobhan was unthinkable. She had to get another chance at Siobhan.

Judge Smutts took a swallow of water and continued droning on. "In count five, you have been charged that on or about the 27th of March, the year 2012, in the State of New York, and before the finding of this indictment, you did cause the death of one and intentionally conspire with Remy Osterman and other parties not yet named in this indictment to cause the death of one Siobhan Martin, in violation of New York criminal code Section 105.17, all of which is against the peace and dignity of the State of New York.

In count six, you have been charged that on or about the 27th of March, the year 2012, in the State of New York, and before the finding of this indictment, you did unintentionally but none the less unlawfully cause the death of one Rex Barton by hiring Remy Osterman to hire a hitman, namely said Rex Barton, to kill Siobhan Martin and thereby cause Mr. Barton to be killed by agent Victor Machado of the FBI during the attempted commission of said attempted homicide of Ms. Martin, in violation of New York criminal code Section 125.25, all of which is against the peace and dignity of the State of New York.

In count seven, you have been charged that on or about the first of September, the year 2011, in the State of New York, and before the finding of this indictment, you did unlawfully and intentionally conspire with Remy Osterman and other parties not yet named in this indictment to cause the death of one Siobhan Martin, in violation of New York criminal code Section 105.17, all of which is against the peace and dignity of the State of New York.

In count eight, the indictment alleges that on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did unlawfully posess a handgun that was not licensed or registered to you in the State of New York and in the Borough of Manhattan in violation of New York criminal code Section 265.04, all of which is against the peace and dignity of the State of New York.

In count nine, the indictment alleges that on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did unlawfully use a handgun during the commission of a felony namely the kidnapping of Andrew Martin, Bridget Kelly and Juliet Martin, in violation of New York criminal code Section 265.09, all of which is against the peace and dignity of the State of New York.

In count ten, you've been charged with on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did unlawfully by physical action did detain taxi driver Ranbir Singh as well as the afore mentioned Ms. Kelly on the way to the domicile of Olivia Charles, in violation of New York criminal code Section 135.10, all of which is against the peace and dignity of the State of New York.

In count eleven, you've been charged with on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did furthermore kidnap and unlawfully hold at gunpoint the taxi driver Ranbir Singh on the way to the domicile of Olivia Charles, in violation of New York criminal code Section 135.25, all of which is against the peace and dignity of the State of New York.

In count twelve, the indictment alleges that on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did unlawfully use a handgun during the commission of a felony namely unlawful imprisonment and kidnapping of the above mentioned taxi driver Ranbir Singh, in violation of New York criminal code Section 265.09, all of which is against the peace and dignity of the State of New York.

In count thirteen, the indictment alleges that on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did unlawfully possess a firearm with the intention of using this firearm to shoot Andrew Martin and Siobhan Martin, in violation of New York criminal code Section 265.03, all of which is against the peace and dignity of the State of New York.

And finally in count fourteen, the allegations are that on or about the 3rd day of April, the year 2012, in Borough of Manhattan, New York, and before the finding of this indictment, you did unlawfully and intentionally endanger the life of a child, one Juliet Martin, by threatening her with the above mentioned firearm, endangering the welfare of said child, in violation of Section 260.10, all of which is against the peace and dignity of the State of New York." So much for any shred of peace and dignity being left in New York, Smutts thought.

The weight of the words are what crushed Catherine. The charges kept coming and coming and coming. "Who wrote up all these charges?"

"Ms. Martin, I will not address questions asked by you as a defendant in this court, do you understand that? If you have some things to say, I ask you to bear in mind that my ears are old and to say it clearly. Now, do you understand that's what you've been charged with?"

"May I see a copy of that?"

"Your own Council should be able to provide you a copy. If not, I will give you a copy of the indictment."

"Please," Catherine begged. "I'd like to see one now."

"Ms. Martin, you need to be real quiet. Now you need to answer the questions I you're not here to question this Court on anything."

"Is there a question before me?"

"Yes." Smutts tried to remember the three rules but this one was definitely trying his patience. "Do you understand that's what your charges are?"

"I do not understand the charges."

Smutts sighed. He had a real live wire here. "Well, do you understand that's what the well, do you read and write okay, Ms. Martin? Do you read and write okay, because I've read these clearly to you."

Patience, Patience, Patience, Smutts repeated from his own sign. This one would require a lot of patience to get through. "Let me summarize for you, Ms. Martin. Two of these charges are class A1 violent felonies. That means the minimum sentence in life in the penitentiary of the State of New York on each these two charges. There are so many other charges I lost count. I think at least six of the other charges are class B violent felonies and one is a Class E non-violent felony. The minimum sentence for the class B felonies is what, five years each? No probation. No programs. No slaps on the wrist. That means a minimum sentence of two life sentences plus God knows how many more years if you are convicted on all counts. Is there anything about that you don't understand? If so I will enter an automatic not guilty plea as I do for all defendants."

"Who wrote all that up about me?"

"Do you understand? I will give you a copy of the indictment, Ma'am. I will not otherwise answer questions addressed to this Court by you. Defense Council, would you please approach the bench?"

Lillian Hassler stepped forward. She'd worn a good suit from Bloomingdale's for this arraignment. For as well as it was going she should have shopped at Salvation Army. "Yes, Your Honor?"

"Ms. Hassler, you need to get your client to behave herself."

Hassler held up her neatly manicured and painted hands in utter frustration. "I am trying, Your Honor. I am trying. She isn't listening to reason."

Smutts sighed and nodded. "Let a plea of not guilty be entered in the record. Was she going to try to set up for an insanity plea? She would do better to plea bargain for a minimum security facility like Lakeview.

After Hassler sat, District Attorney Watts stood again. "Your Honor, we would again tender to the Court information generated by this defendant and in information as is directly related to the arrest and what was discovered at it. We would ask that in addressing his release as with Mr. Osterman that bail should be denied Ms. Martin as well."

"District Attorney, are you submitting these as exhibits?

"We are submitting those as exhibits to the Court."

Catherine stood. "I really want to make bail. I have money. I have jewelry and a huge mansion in Palm Springs."

"You need to be real quiet, Ms. Martin. Exhibit one appears to be a video recording made upon arrest in the police car where according to the transcript provided the defendant allegedly says "Let me kill her. She deserves to die for what she did for me. She stole my life and I have to kill her to get it back. Let me at her again. She's evil and won't die."

Smutts continued with looking at the evidence. "Exhibit two is the taxi cab video recording from medallion cab 19121, driven by the above mentioned Mr. Ranbir Singh, wherein Ms. Martin is shown pointing a gun alternately at Mr. Singh and Ms. Kelly during the ride to Ms. Charles's home. The prosecution has included still shots of Ms. Martin holding the weapon at both of above named people so thankfully I don't have to watch it."

"Exhibit three submitted by the State is a set of security videos from 626 Park Avenue showing the defendant proceeding from the Martin apartment on the 14th floor, into the elevator and out the door of the lobby, all the while holding a gun on Ms. Kelly. Again the prosecution has been kind enough to provide stills of Catherine Martin holding a gun on Ms. Kelly."

"Exhibit four submitted by the State is the federal form 4473 background check paperwork filled out by the defendant for the purchase of a Rossi model 3502 revolver serial number 9316-47412 at Charlie's Armory in Miami."

"Exhibit Five is the NYPD Crime Lab photographs of the gun that Agent Machado of the FBI allegedly wrestled from Ms. Martin and it is also the same model and serial number gun." Smutts was tempted to add that it looked just like the same gun as in the police supplied photos but he knew better than to put forth any of his own opinions.

"Exhibit Six is the finger print report on the five rounds of Remington HD Ultimate Home Defense .38 Special +P ammunition found in the afore mentioned gun. Let it be shown in the record that the NYPD crime lab report states that the fingerprints are a match with Ms. Martin's fingerprints that are on file."

Judge Smutts carefully examined the next one. "What is this next thing? It appears to be what is this, an arrest record?"

Assistant DA Watts nodded. "Yes, Your Honor. This is Ms. Martin's criminal information from the state of Florida. It includes a DUI record November of 2010."

Lillian Hassler, Catherine's attorney stood. "Your honor, I must protest. A DUI case in Florida has no bearing upon these matters."

District Attorney Watts raised his hand and stood firm. "Not the DUI itself, the results of it. We have a copy of the psychosocial evaluation mandated by the State of Florida, administered by one Maria Rodriguez, licensed social worker." He picked up his copy of the report and found the right spot. "Ms. Rodrigues states and I quote 'Catherine Martin is a time bomb waiting to explode again. She takes no responsibility for her actions and blames everyone else for what she herself has caused to be. It's the police's fault. It's her ex-husband's fault. It's her ex-husband's current wife's fault. It's her daughter's fault. She acts as if her crime could be wiped away by having said a good enough excuse. She has manifested no remorse for her crime. The firmest response under the law needs to be given because it is my judgment that she will offend again and Heaven knows what the consequences will be next time.'"

Catherine stood again, furious. She shouted "This is character assassination."

Judge Smutts banged his gavel just as the headache was banging at his temples and the back of his head. "Ms. Martin, You need to be real quiet. You need to be real quiet. Okay. We will enter this as exhibit number, whatever the next exhibit is."

"Exhibit Seven," the bailiff said.

Catherine protested irately. "But that's all a bunch of lies about me."

Lillian Hassler took Catherine by the shoulder as if to force her back into her seat."Sit down and shut up, now," she forcibly whispered into Catherine's ear.

Again Judge Smutts banged the gavel. He didn't like having to do it. That meant that he had lost control of the courtroom. He hated when some fool stole away the smooth and proper operation of the courtroom. Yet he tried to keep his patience. "Ms. Martin, you have been charged with two class A1 felonies, each of which carries life in the state penitentiary. It would behoove you to follow the advice of your counsel and stop making any further outbursts in this court."

Assistant District Attorney Watts stood again. "Your Honor, given the extreme seriousness of the charges we believe that she is a danger to others and a risk for flight. We therefore request that bail be denied."

"Agreed. The defendant will be remanded back to the custody of the Sheriff's department."

Catherine was outraged. "But you can't do that to me."

"I just did."

Catherine struck back with the only thing she had left, her mouth. "You're a filthy, senile cock sucker." After all, what could he do to her?

Silence fell through the courtroom followed by the sweep of an awkward giggle.

At that, Watts turned to the new assistant next to him and whispered. "Don't move a muscle."

Judge Smutts could not believe this one. His ears flushed red with rage. "Ms. Martin, one thing about getting older is that your hearing sometimes misses things. I will assume I didn't hear what I thought I heard and complete this process."

Catherine stood. "Then I will repeat it for you. You are a FILTHY SENILE OLD COCK SUCKER!"

At that, Judge Smutts turned to the bailiff and said with a smile. "Remand Ms. Martin to Solitary Confinement for 30 days. This court is now adjourned."