“Law for All - Justice for Some
Charles Ernest Riley was
black, not just black, but
ebony black. Further, he was
ugly, sullenly ugly.
He was huge, slovenly cloth­
ed, ungainly, both in speech
and action and from his
massive shoulders hung his
long, musclecorded arms-
manacled behind his back.
The officer, Tom Hodgson,
standing beside the black man,
was bedecked with weaponry
fitting his profession- baton,
.357 Magnum^cartridge belt
and a flashlight- but his body
and countenance did not. His
twitching
toothbrush
mustache hung over a pouting
mouth and baby-faced visage.
His pose was one of boredom,
both in face and body. His only
movement was a slight rock­
ing, from his highly polished
boots up his entire 5-foot seven
and three-quarter inch body.
The court had been called to
order in a courtroom usually
used as a City Council room.
The judge entered, a tall,
somber man, but with a sen­
sitive, bony face. His rich
baritone trial voice intoned for
the several thousandth time
those terms regarding the
rights of the accused and he
read the charges while arraign­
ing Riley on the charge of
"committing the crime of se­
cond degree theft- specifically
shoplifting a can of noodles
and chicken- $.49 -against the
peace and dignity of the City
of Palumbo. "Do you unders­
tand what you are being charg-'
ed for?"
"Yeh!" a grimace.
"How do you plead, guilty
or not guilty?"
He stood flatfooted, looked
at the judge, and with anger in
eyes- "They killed my
i"
'
The little chipmunk of a
woman, full bosomed, the
Bailiff/Clerk, frowned and
tightened her lips while at the
same time her nose wrinkled. She
sat to the right of the judge.
"They did what?" asked the
judge.
"They killed my dog; they had
no right!"
The officer shifted uncomfor­
tably and rocked more em­
phatically, an inclination of his
head..
"Who killed your dog?,"
frowned the judge.
"Jhey did," said Riley, his
head twisting in the direction of
Hodgson.
"What do you know about
this, officer?"
"We arrested Mr. Riley and
there wasn't anyone to take care
of his dog- we put him in the
pound- that's policy."
"They ain't got no right to kill
my dog, they didn't even te|T
me," his giant shoulders slumped
in abjection and despair. "He
was my friend; he never did
anything wrong to nobody."
The officer looked at the
judge, mustache a twitch. "Your
Honor, there was nothing we
could do," his hands in supplica-
our policy is to turn the
dog over to the pound- there's The judge paused, he
nobody to take care of him if we reflected. "I will accept; your
leave him." The little woman plea. Now, why did you steal
vigorously nodded her head in the can of noodles?"
Riley frowned, shook his
assent The judge shook his head,
head, "Your Honor, I was
looked up and spoke to Riley.
"Mr. Riley, I sympathize with hungry. I had no food. I just
you, but I don't know anything took a small can. I had not
about this problem. I need to eaten for two days and neither
know how you plead to the had 'Bones.'"
"Who?"
charge of stealing the noodles
"Oh! I notice you have two
from the grocery store. This mat­
ter of your dog is not before the previous convictions for the
same crimes- stealing! You do
court"
The officer nodded and the not have the right to steal from
Bailiff agreed in an audible chirp. other people. We can't have
The utter abjection and frustra- . it."
"That's right; when I can't
tion shone on Riley's broad face
as he thought to himself- why buy food, I have to eat, so I
won't anyone understand! They steal."
killed him for no reason- my best
The judge shook his head.
friend. I guess my only friend. "That makes no sense. We have
He's the only thing I ever had- all kinds and types of agencies-
the only one that loved me. I welfare and dozens of others-
can't read or write^ the judge people to help you. Have you
seems like a guy that should tried to get food or other help?"
understand. Why won't they
Riley's huge face grimaced
listen! Why can't he help me!
and his chest heaved. "Your
"Well, your Honor, I did steal Honor, I don't have no idea of
those noodles...."
what I'm supposed to do or how
"Wait," his hands outthrust, "I to do it I can't even read; I ain't
didn't ask if you did those acts. I never had no schoolin'. Don't
need to know if you are ready to you know people hate me-
plead and do you understand other people always hated me."
your rights. Any admissions you
His mind returned to his
make can be used against you. youth. One of many, many
Do you need an attorney? You children, he worked, he ate, he
know I can appoint one for you, slept He dreamed- he dreamed
of being a beautiful person that
if you can't afford one."
people loved. He was bright, he
"What for? I did it. Why do I
made speeches. Suddenly, he
need a lawyer?" Defiant, his
was grown without any warning.
black face stormed in anger.
He left home remembering his
Riley shook his head.
mother screaming, "Charlie
"Mr. Riley, are you sure you
Riley, git your worthless butt out
understand your rights?" the
o' heah- you eats too damn
judge implored.
much. You ain't got a brain in
Riley buried his head. Why
can't I explain- The judge yer duryib haid. You're wor­
thless, ugly and no damn good.
seemed to understand. It is so
unfair. How can anyone think Get your a- out of heah. I never
did like you and I don't like you
what I did- I took a $.49 can of
now."
noodles- as to them killing my
"Before I impose sentence,
only friend, how can they take
from me who never had officer, what can you tell me
about Mr. Riley?"
nothin', the only thing I ever
His mustache moved of­
had. They can't bring my dog
ficiously, "Your Honor, Charlie
back. I don't have nothing; I've
never had nothin'; I'll never went to the grocery store. You
have nothin' or nobody. I don't can see, he attracts attention."
Riley bowed his ugly head.
understand.
No
one
"So the owner watched
understands me or likes me-
Charlie. He went up the aisle,
they are afraid of me because I
picked up the can of noodles,
am so ugly and people cross
the street so they will not have stuck them in his pocket, and
walked out, just like that! The
to endure me. His face showed
owner called the police and I
the utter despair he felt.
responded to the call."
The judge was pensive. I
Hodgson pulled out a
can't consider the death of his
notebook, frowned and pulled
dog as far as his crime is con­
open the page he marked. "At
cerned. I do feel compassion
1800 hours- that's 6 p.m., your
for this man but this injustice
Honor, within two blocks of the
to him is not for me to con­
store in question, I noticed
sider. I am not a social worker;
Riley. He was entering
I am a judge. I am not permit­
Morton's- that's a 'flop house'
ted to consider those non-
you Honor- $.50 a night I later
relevant matters. Only if he
found out he lived there. I drew
pleads guilty and then I can
my gun and told Riley to
consider those outside facts,
'freeze.'" He complied. I cuffed
only for the limited purpose of
mitigation for the purpose of • him, searched him, read him his
rights and asked him if he
sentencing. Then I can con­
understood. He said, "Yeh!"
sider his reasons. But where is
With that, he folded his pudgy
the humanity to this man? This
arms.
despicable, unloved, and
"What was Riley doing while
disliked man. Who is responsi­
you were performing those
ble for this human being; for
duties, officer?" asked -the
his appearing before me. What
judge.
am I to do to do justice to this
Hodgson shuffled his feet,
man- and still follow the law.
teetered, and said "Nothing," he
"Well, Mr. Riley-"
didn't do or say anything.
"Yeh, your Honor. I plead
Anyway, I booked him in, sear-
guilty!" his hands clenched.
ched his pocket and took out
that can of noodles. Then I went
back to Morton's and searched
his room. There was nothing
there but this big ugly, skinny
dog lying on the floor just pan­
ting. In the closet was a coat,
three socks, all full of holes, a
pair of underwear, three pen­
nies, and a book, a reading book
your Honor- for the first grade,"
he smirked and licked his lips.
"Well, I called the dog officer,
told him to get the dog." He
paused and frowned, "Your
Honor, no one was there to take
care of that dog- he's so damn­
ed ugly, nobody would want
him. I don't know what they did
with the dog," in a defensive
manner.
The judge had listened to
Riley, had listened to Hodgson,
read the police reports and the
prior record of Riley. Now he
cudgeled his mind, he
pondered, reflected and sud­
denly his face tightened. The
answer was simple. Riley ad­
mitted his guilt, he stole, for
whatever reason, from another
person.
The
maximum
sentence is one year in jail and
$2,500 fine, or both. In addi­
tion, he committed two prior
crimes, for the same offense.
He has no excuse for these
acts. He feels no guilt- un­
doubtedly he will continue to
repeat these same acts. He has
no job, no training, no educa­
tion and no place to go. He's a
frightening, sinister guy. He
has no social redeeming facts
in his favor. As a judge, it is not
my job to be a social worker. It
is my job to follow the law. My
choice is simple. I will
sentence him to jail, but for
some reason he gave a self­
satisfied smile. We must pro­
tect society and property
against Mr. Riley.
"Mr. Riley, you have 48
hours prior to my passing
sentence. You may waive that
time, if you choose." A puzzl­
ed look, "Waive 48 hours?"
"Yes, that means I can
sentence you now if you
choose, rather than wait 48
hours."
"Oh, I see. O.K.- I waive my
time."
"Do you have anything to
say, Mr. Riley, prior to my
sentencing you?"
"Your Honor, what can I
say? I did it. I did it before. I
don't know what to say."
(What can I say!)
If I don't sentence him to
jail, he'll have no place to go.
What happens if he unleashes
that terrible temper and that
brute strength-?
"Mr. Riley, you leave me no
alternative but to sentence
you to jail. Two times you have
committed these same acts.
You are a thief Mr. Riley. The
fact that you have led a dif­
ficult life is no excuse. If I
don't sentence you to jail, I
have no doubt you will con­
tinue to steal. You will serve six
months, Mr. Riley, and I will
not levy a fine you can't pay. I
do hope you learn to some
how cope with your life."
Riley's expression did hot
change, except to become
¡more sullen. I really thought
Ihe was different-
------- that he
■understood me.
"Yes, Mr. Riley?"
"Who aré you going to
sentence for killing my dog,
your Honor- who will pay for
that?"
"That matter is not before the
court I certainly know nothing
of this. Officer Hodgson did
what he should- he turned your
dog into the pound. You were
too busy stealing to take care of
your dog."
"Your Honor," a dignified but
stern look, "somehow it don't
seem fair. I'm going to do six
months for taking $.49 worth of
food- because I was hungry and
you people killed the only thing
in the world I loved and
respected and who loved me
with all his heart and yet no one
even admits this to be wrong!
. Life ain't fair." He strode out of
the courtroom.
Hodgson sat with a can of
beer in his hand, his feet on a
stool, his mouth pursed- "My
I day," smacking his lips, "my
day?- nothing much. That judge
put a big ugly black buck to jail
for six months for stealing. I kin-
da thought he was a bleeding
heart and would put him on
probation- let him go, par­
ticularly when he found out
about the dog! The dog- he was
the dog of the black guy. I turn­
ed him into the pound- you
know if no one picks up the
animal within 48 hours, they put
him to sleep. Well, no one pick­
ed him up and that's it!"
His skinny, thin-lipped wife
nodded; she left to get him
another beer.
The judge, a martini, straight
up vodka, "Normal day. Among
other things, I put a black man
in jail for six months for stealing
$.49 worth of noodles. Oh, yes,
they also killed his dog- well,
the pound put him to sleep- it's
the only thing the black man
had. I had to- put him in jail to
give him a chance at life." His
comfortable wife smiled, nodd-
. ed her head, and awaited- with
• a warm, knowing, expectant
glance.
Riley had a giant order of
noodles and chicken with
several slices of bread, corn, and
apple pie. He was clean and
warm in prison garb. He had a
comfortable bed; would be a
trustee, and would work in the
kitchen and learn-to cook. At
the end of his sentence, there
would be a job cooking.
"How did this happen to me"
he asked the jailer. The jailer
shook his head and smiled.
"Well, there's this judge- he told
us he was sending us a guy that
. never got a break- and that his
best friend had been killed!"
"Oh, yeh, I almost forgot"
the jailer said as he scratched
his thatch of gray hair, "I
understand when you get out
of here, there is going to be a
puppy waiting for you at the
pound."
by Dale Liberty