I’d had some misgivings about my project before setting off, mostly to do with the voyeuristic element. What I hadn’t imagined was the possibility of my presence affecting anyone but myself. It became apparent the moment I stepped inside the windowless courtroom. A dozen adults and children, all Hispanic, turned to me with looks of terror, and it dawned on me that, with my shaved head and pale skin, I must look like some ICE body snatcher. Mortified, I slid onto one of the wooden benches and tried to make myself invisible.
It was a master calendar hearing (the first stage in removal proceedings) and hybrid, with participants appearing remotely as well as in person. The judge was swearing in a Russian interpreter on speakerphone while a young couple from Kyrgyzstan appeared huddled on a screen. After some back and forth, the judge gave the couple’s attorney a date for 2028, when ‘their comments about their government’ would be assessed. The Department of Homeland Security, in the person of a young attorney in the courtroom, offered no objection.
Similar hearings followed at a clip. Some of the technicalities went over my head, but the gist was that the respondents, while admitting to being in the country illegally, were asking for asylum. Until recently, America’s conflicted attitude to immigration expressed itself in lengthy procedures that offered undocumented migrants some grounds for hope. Under Trump, judges are being pressured to dismiss cases altogether, a cynical tactic that exposes migrants to the body snatchers, and around 150 have been sacked (immigration judges are not part of the judiciary proper, but employees of the Department of Justice). Here in Chicago, both the judge and DHS lawyer appeared to be playing by the old rules, setting follow-up appearances far into the future.
The families on the benches next to me were dressed in their finest and their children sat in absolute silence. Speaking to them through an interpreter, the judge told them they’d been summoned because the government ‘thinks you shouldn’t be in the country for one reason or another’. They had a right to representation, he continued, though they would have to pay for it themselves. ‘Raise your hands if you don’t want time to look for an attorney, and just want to talk about removal from the country today.’ No hands went up and the judge set an appearance date for the following year, wishing them luck.
A woman who’d been sitting with a little boy in a braided pink suit said: ‘I just want to know. Do we have a removal order against us today?’ The judge repeated patiently that no order would be made until their next appearance.
As the room emptied out, he turned to me. ‘You’re an observer, I assume?’ I nodded, pleased by the designation, which had a reassuringly official ring. [...]
Courtroom encounters present you with just a fragment of a person’s story, from which you may or may not be inclined to infer the rest. On the face of it, these particular shards didn’t add up to much, and yet I felt encouraged in my belief that courts were still places where, to adapt a phrase of Saul Bellow’s, ‘reality instruction’ was to be had. The first time I was inside a courtroom was at the Old Bailey, in my twenties. I had dropped in on a whim and found myself lost in the exploits of a Pinteresque young crook who’d got the pampered son of a Harley Street doctor into his clutches and pressured him into using his father’s money to finance a long spree of luxury shopping and drug bingeing. When asked how he’d persuaded his victim to make yet another raid on the family coffers, the young man said: ‘I speeched him, didn’t I?’ I was never good at striking up conversation with strangers – a major drawback for an aspiring writer – but I realised that here was an arena where an endless variety of characters would reveal their stories to you without your having to utter a word. [...]
I took the scenic route towards Nebraska. White wooden farmhouses among clusters of silos appeared at regular intervals, along with ivied chimneys and other tenderly preserved ruins of bygone industry. Together they conveyed a settled, agreeable way of life, one that clearly worked well for those who enjoyed it. ‘We Know Clean!’ a sign at a rest stop declared, and it was true that everything, from the curving plough-lines in the fields to the filigreed gantries on the silos, looked amazingly clean and orderly. I could see the domed sky meet the land far ahead along the road and felt as if I were driving through an enormous glass paperweight.
I stopped for the night in Omaha, a city I’d put on my itinerary largely because I had never imagined visiting it. In the morning I went to the Douglas County District Court, where a bench trial (i.e. no jury) was just starting. The structure of a state court system usually echoes that of the federal system, with trial courts, appeal courts and a supreme court. Unlike the federal courts, however, where judges are appointed by the president, state courts have a mixture of elected and locally appointed judges, who sometimes serve fixed terms, and the jurisdiction of a given court will vary from state to state. In Omaha, a witness was describing an incident from earlier that year. He’d been eating lunch when a man approached him asking for food and money. ‘I told him I wanted to relax,’ he recalled on the stand. He’d then seen the man enter several nearby businesses, including a restaurant where he set off the sprinkler system the witness had just installed. The witness called the cops. His 911 tape was played. ‘There’s like a drunk, homeless Black man keeps entering businesses here ... He set off the fire suppressants. I didn’t see any weapon, but I don’t want to get too close to the dude ... He looked all jacked up.’
The accused (I’ll call him Fletcher), dressed in orange prison scrubs, was acting as his own defence. He’d mastered some lawyerly phrases and quickly scored a point with them. ‘Objection! Did you see me pull that alarm?’
‘I did not.’
‘No further questions!’
Unfortunately, he spoiled the effect by asking again: ‘Did you see me with your own eyes pull that particular fire alarm?’
‘No, but it wasn’t pulled before you went in and it was afterwards.’
The police officer who’d responded to the 911 call took the stand. She testified that she and her partner had found Fletcher at the back of the restaurant and been met by ‘a very rude demeanour’. ‘I was advised by Mr Fletcher: “Fuck you bitch.”’
Her bodycam footage was offered into evidence.
‘Any objection, Mr Fletcher?’ the judge asked.
Fletcher produced another courtroom phrase. ‘No, I have no objection at this time.’
He was visibly intoxicated in the bodycam footage, stumbling around a patch of waste ground and swearing colourfully.
‘Hi, how are you?’ the officer greeted him, putting on latex gloves. ‘Why’d you pull the fire alarm?’
‘What am I charged with?’
‘Disorderly conduct.’
She cuffed and frisked him.
‘What did you do today, besides drink?’ she asked. She and her partner began removing and bagging the copious contents of his pockets.
‘You’ve got a lot of stuff on you!’
‘I got a pickle in there,’ he muttered.
‘You do have a pickle!’ she said, holding it up.
She then talked to the witness who’d installed the sprinkler system. ‘I didn’t go in after him,’ he told her, ‘because I don’t know what he’s got and I don’t want to get diseased or anything.’ He showed her the damage in the restaurant.
‘What a mess!’ she exclaimed. ‘This is such a nice, up-and-coming area too.’
The real issue, the man told her, wasn’t the mess but the cost of recharging the sprinkler system, around $6000. The sum surprised her, and on the basis of it – still with the same amused, motherly air – she amended the disorderly conduct charge to a felony charge of ‘criminal mischief, $5000 or more’.
The judge called a recess. After he and the prosecutor had left the courtroom, the deputy guarding Fletcher asked him about the incident. ‘I never went into the building,’ Fletcher told him. ‘I was just down by the dumpster there.’
The deputy shrugged. ‘I don’t have a dog in the race.’
‘I never was in the restaurant, period.’
The judge returned, and now it was Fletcher’s turn to question the officer.
‘Your probable cause to detain me was disorderly conduct,’ he began. For a moment he seemed to be laying the ground for a procedural point about the charge being amended, but he quickly lost his thread and began spinning out random Perry Mason phrases – ‘Did you or did you not? ... Yes or no? ... Let me rephrase ...’ Changing tack, he offered to pay restitution for any damage he’d caused rather than go to prison, while again protesting that he hadn’t been in the restaurant. The judge stopped him, pointing out that he couldn’t testify while he was also questioning a witness, and asked whether he wanted to take the stand. He didn’t, and the state gave its closing arguments. Fletcher began talking again, more frantically now, but the judge cut him off.
‘Sir, you already made your closing statement. The court finds that the state’s witnesses are credible. I am going to find you guilty.’
A sentencing hearing was scheduled, and Fletcher was led away, loudly demanding a restitution hearing.
As I stood up to leave, the judge came over and asked if I had ‘any investment in the case’. ‘Just an observer,’ I replied. He nodded affably. It was unusual for defendants to act pro se, he said, and it always presented challenges. He’d originally set bond at $200, keeping it deliberately low, but Fletcher hadn’t paid. ‘He’s been having trouble in jail,’ he said, adding gloomily: ‘He’s a danger to himself.’ He and the prosecutor were both Black, and I wondered what they’d made of the witness’s barely disguised bigotry.
by James Lasdun, London Review of Books | Read more:
Image: David Golbitz, Omaha Daily Record
