PATSY, Kenneth L. Ehrenthal [brene brown rising strong txt] 📗

 
 
 
 
 
 
 
 
 
 
 
 
PATSY
 
 
By Kenneth L. Ehrenthal
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE CHARACTER’S IN ORDER OF APPEARANCE.
 
Sarah Alpert – murder victim
Melvin Lewis – Public Defender
Percy Livingston – Prosecuting Attorney
Sid Lowenthal - Defense Attorney
Heidi Lowell – Attorney
Sal Martuccio – Electronic Store Owner
Mark Filmore – Ass’t.  DA
Margie Vincent – Sid’s Secretary
John Hoolihan – Captain 23rd Precinct New York Police
Harvey Powell – Lieu. New York Police
Louis Swinger - Attorney
Mary While           “
Frank Carroll         “
Margaret Winthrop “
Denise Williams – Legal Ass’t.             
Ann Lawrence – Secretary
George Hyman – Private Investigator
Mohammed Royster – the Patsy
Mark Lowenthal – Sid’s kid
Anna Lowenthal           “
Stephanie Trowell – Ass’t DA
Ralph Armond – Ass’t Felony Bureau Chief
Walter McGinty – Felony Bureau Chief
Ben Watkins – Attorney
Patrick Kelly – Attorney
Henry Morganstern   - New York County DA
Mary Elizabeth McGinty – Wife of Walter
Prince Cromwell - Realtor
Shauna McGinty – Daughter
Megan McGinty -          “
Manuel DeSota – NY detective
Charlie Phillips – Med Ex Office
 


  

                                                 PROLOGUE


Sarah Alpert, carrying her bag, walked from the baggage carousel at United Airlines to the outside of LaGuardia Airport.  The cabs were lined up to take the exiting passengers to their various destinations.  The heat of the day and the smell of gas in the air contributed to the sick feelings she had.  She walked to the taxi line and waited to get a cab and get home.  It had only been three days in Boston, but it felt like a month.  She had never been this tired before, and she had had many longer trips.  It would be good to get home.  She was the next in the line when a "yellow" cab pulled in front of her.  The driver took her bag and placed it into the trunk.  "Where to?” he said with a slight Mideastern accent, she thought.  "Fifth Avenue and 91st Street please”, she said.  She leaned back as the cab began the exit process from the airport onto Grand Central Parkway.  She shut her eyes and suddenly, with a start, they opened her just as the cab stopped in front of her building.  She leaned forward handing the driver a $50 bill, saying, “and keep the change".  The driver opened the door for her, went to open the trunk and retrieve her bag.  He handed her the bag, mumbled a "thank you", and drove off.  Margaret entered her building, I wonder where the doorman was, she thought.  She got on the elevator and finally entered her apartment.  She was home.


You honor, the prosecution wishes to recall the medical examiner as a witness.  Melvin Lewis, a public defender, jerked out of his seat saying, “your honor, I object!  The prosecution has finished their case."  "Your Honor", Percy Livingston, responded, "we have just received the results of the DNA test and we want to have it admitted as evidence."  "I will allow it the judge said."

"Has the jury reached a verdict"  "We have your honor, we find the defendant guilty of the count of first degree murder.”
 
“I sentence you to from 25 years to life in prison."   

 
CHAPTER 1
 
 
Since 9/11 the people of New York have become accustomed to various levels of security.  The police seem more visible and in fact while crime rates are down; there are more criminal trials.  The city probably has more lawyers per capita than any other city in the world.  However, criminal defense attorneys are very limited in number.  Because of the increase in arrests and the apparent quota numbers for New York police, especially detectives, and due to their numbers, most criminal defense attorneys are overworked.  Certainly, for indigent, the Public Defenders Office is over whelmed.  While there are still many serious crimes, those rates are down.  Drugs and related crimes are the main cause of the increases, at this time. 
 
Sid Lowenthal sat deep in thought.  It had been a long day. It seems that the halcyon days of summer, when crimes appear to go down, the early fall, begins the run.  Getting away, earlier than 7 o’clock has become rarer, while he rarely drinks a lot, this day needs a change to drown his exhaustion and frustration. He enters the bar, one near his home.  He chooses to isolate himself in self-pity and lose himself in drink.  He slowly sips his beer.  He became aware of her when he heard her say “I’ll have the same as he’s having.”  He turned and took a long look at the “voice” next to him.  “I’ve never seen you here.” “This is the first time, I’ve come into this place, “I don’t usually do bar scenes but I’ve had a terrible day, and this looked as good a place as any to unwind”.  “That makes two of us.” Sid put out his hand, “I’m Sid”.  “I’m Heidi” she said.  “You look like a lawyer,” she continued.  With a grin, Sid said “and what does a lawyer look?”  “Just like you!”  “I should know, I’m a lawyer, too”.  You don’t look like a lawyer.  “Well I am, and I’ve had a really bad day.”  “Have another drink”, he said, “It’ll deaden the pain”.  “I really shouldn’t....I’ve had nothing to eat since 8:30 this morning and I have a long trip home”. , Sid said, “The food here is not too bad, I hear and I’m hungry too.  Would you like to join me here for some dinner? 
 
Sid held the chair and Heidi sat down.  ‘What’s good on the menu”, she asked.  “Well, I really haven’t eaten here for a long time.  It’s just the place near my office that I come to I drown my sorrows and try to unwind with a beer and some pretzels.   A waiter walks over and gives each a menu.  “I’ll just have a simple salad” says Heidi, “the same for me, says Sid”.  “You’re not a Vegan, are you Sid?”   “Absolutely not!” he said.  “I’m not either, she says,  but I try to keep away from high calories and mystery meat. I do most of my own cooking and try to eat relatively healthily.”  Sid laughs. “I do most of my own cooking too, but it mostly consists of warming up the leavings of the previous days take out, or to put it more accurately, home delivered.”   “And just where is your home”, she inquired.  “I live just around the corner and up the block.  I’m in court a lot and living nearby makes my life a whole lot less complicated.  “I don’t even own a car.  If I need one I rent it.  It saves me a lot money and hassle.  Never have to worry about parking.” I’m a native born New Yorker and the subways and buses work fine for me.  What about you?” “I do have a car, which I pay and arm and a leg to keep safely parked and I live on the upper Westside.”
 
”Aha, the salads have arrived.”  Looks like a good time to order time for another beer.” “Right now? Sure! He answers. ”Sid looks at her, as she daintily forks her salad.  “Well, I know you’re a lawyer and you live near Lincoln Center and you can cook!”  Heidi eyes him and says, “And you live near here and don’t cook!”  Gee, we're really getting to know each other! Glad to meet you Sid.”  ”These are the kind of relationships I’ve been having lately.  I live here, she lives there, thanks for the drink.”  See you around”.  “You sound bitter.” Not bitter, resolved!”  Resolved?  “Yup, I’m just not the boyfriend type I guess.”  “Too old, too busy and 20 pounds overweight (takeout you know).  Heidi and Sid exchange cards as he walks her outside and helps her into a cab.  He notes that Heidi Lowell, Esq. is an associate at the Law firm of Conlan, Cohen and Richmond.  Whoa, he thinks, that’s a mighty big firm.    

 
                                                       
 
 
 
 
 
 
 
 
 
 
                                                       
 
                                                         Chapter 2
 
 
In every neighborhood, there seems to be a bar that the residents consider their home away from home.  The Clover Leaf Bar in Hollis, Queens, was one of those.  Sal Martuccio sat at the bar drinking, what was it, his fourth beer.  For a man of fifty and over 250 pounds even with the beers he felt healthy and satisfied.  His business was going well, his kids were safely married and being a bachelor the world was his oyster.  He didn’t notice the two men entering the bar coming towards him until their reflections appeared in the mirror behind the bar.  “Hey”, one said, is there a Sal Martuccio here.”  Sal turned and said, “I’m Sal.”
 
“You’re under arrest”, they said.  “What did I do” said Sal.  “You were reported as being drunk and disorderly”, said the shorter older detective.  “Drunk and disorderly, where”, said Sal.  “At the Clover Leaf Bar” said the larger younger one.  “Hey” said Sal, “this is the Clover Leaf and ask anyone around whether I’ve been disorderly...I may be slightly drunk, but I’m just sitting here.”  “Put your hands behind your back”.  They handcuff Sal and they take him out of the bar.  Sal sat morosely in the back of the car, trying to figure out what was going on.  Sal is booked, fingerprinted and put into a holding cell.  “Hey,” yells Sal, “I’m not too drunk to know that I get a phone call.”  “Yeah Yeah”, says the jailer, all the phones are tied up as soon as we get one you’ll get your call.” 
 
Several hours pass.  “OK Sal phones open.” “Hey, isn’t this a pay phone?  You took all my money, how do you expect me to make a call.”  “Here’s a dime, make you call.”  “Hello Sid” says Sal, “I’m in jail at the 23d precinct and I need you NOW!” “What the hell did you do” says Sid.  “Nothing: says Sal.  “It couldn’t be nothing since they did arrest you.”  “I’ll say it again, I didn’t do nothing, now get me out.” “Don’t say anything more to anyone there.  Since you told them you had a lawyer, all they need from you is what appears on your ID”. Sid tells him.  “I can’t do anything until you get arraigned.”  “I’ll meet you in Arraignment Court.” 
 
“Docket # 096457, the People of the State of New York verses Sal Martuccio, the charge drunk and disorderly, how do you plead.”  “Your honor” says assistant D.A. Mark Filmore, the State wishes to drop the charges.”  “OK”, says the judge,” “Next case.” Sal turns to Sid, “what’s going on?”  “Just follow me and get out of here.”  “What’s doing”?  “Seems the police had a wrong call and made a mistake.”  “Mistake”, what the hell is going on?  “Hey” says Sid, “your out, go home.  I’ve got to get to work! We’ll talk later.”

Entering his office, Sid sees his usual cup of coffee and a pile of pink telephone slips on his desk, placed there by his efficient secretary Margie.  Well then thinks, another busy day.  He had already spent an hour busily from the break of dawn at the Arraignment Court. He is goes through his slips and placing them into three piles.  The first group he will call immediately, the second anytime today, and the third in the