Chapter 10

Three weeks later...

“All rise. The Superior Court is now in session, the Honorable Aidan J. Clarke presiding,” the bailiff announced as we rose for the judge, a pudgy, red-haired man, freckled man who clearly burned far more than he tanned in the summer sun.

“You may be seated. Docket number 8978, People vs. Danielle Avanti. One count of murder in the first degree, one count of assault, one count of reckless endangerment, one count of illegal and unprescribed use of narcotics, one count of depraved indifference, one count of kidnapping, one count of false imprisonment. The defendant will now rise and enter a plea prior to jury selection. See if we can avoid the necessity of a full criminal trial. Ms. Cohen, is your client prepared to enter a plea at this time?” Judge Clarke was rather blunt, though I suspected that the unpleasant sunburn, sweltering heat, and his obvious hangover didn’t help matters.

“We are, Your Honor. At this time, per an agreement with the People, the defense would like to enter a plea of guilty to the charge of murder in the first degree, with all charges to be dropped by the People and the death penalty not pursued by them,” Melissa Cohen, the delightful blonde who served as my wife’s attorney, one court-appointed no less, informed us all.

“Mrs. Avanti, have you consented to this agreement?” Judge Clarke persisted, wanting to get every duck in a row before gaveling it into effect.

“Yes, Your Honor,” Danielle bit her lower lip as she confirmed the plea bargain and choked back obvious tears.

“You are aware, Mrs. Avanti, that by entering a plea of guilty, you are waiving not only your right to a jury trial, but also your right to any kind of criminal appeal? You are aware that you will be obliged to acknowledge guilt in a court of law? Are you pleading guilty because you are, in fact, guilty of murder in the first degree, namely the murder of Mr. Ramone Divoli, as charged in the count of the information brought against you?” Judge Clarke insisted.

“Yes, Your Honor, to all of that. I am aware that I hereby waive my rights to trial by jury, to appeal, to the presumption of innocence. I am aware that I must acknowledge my guilt in a criminal sense, as named in the information. I am, in fact, guilty of the murder of Ramone Divoli in the first degree. I am pleading guilty because I am guilty as charged,” Danielle repeated what Melissa Cohen had coached her to say, galling as it must have been for her.

“You may be seated for now, Mrs. Avanti. Is this satisfactory to the People? Are the People in accord with this plea bargain and thus willing to drop all other criminal charges against the defendant?” Judge Clarke now turned to the ADA, Mauricio Bermudez.

“The People are satisfied by the terms of this agreement, Your Honor, provided that Mrs. Avanti honors it. We are prepared to move that all other counts against the defendant be dismissed at this time. We are prepared to recommend remand into custody, immediate sentencing, and life without parole instead of the death penalty at this time. This has also been accepted by the defense, I believe,” the ADA, a tall, slender Latino with strong hints of gay or bi inclinations, confirmed for the judge’s benefit.

“Is this true, Ms. Cohen?” Judge Clarke asked the defense counsel directly.

“Yes, Your Honor. The defense has agreed to life without parole, to remand, and immediate sentencing per the agreement,” Ms. Cohen gulped as she basically admitted that her client would never walk free again.

“Very good, because I was already not inclined to include parole in a capital murder case where the defendant murdered someone while already free on bail for another offense. It would be reckless and I would be derelict in my duties as an officer of the court to allow such a dangerous criminal back onto the streets.

“Mrs. Avanti, you must know that I am not inclined toward leniency at all in your case. You were already charged with several serious felonies and yet managed to get free after your mother posted bond, during which time you made a threatening voicemail to your husband. You then proceeded to brutally and callously murder your lover, Mr. Divoli.

“These acts are wantonly cruel and depraved, Mrs. Avanti. You have managed to escape the death penalty, which is perhaps for the best. No more taxpayer dollars need to be wasted on endless appeals, between this decision and the plea bargain. Let me assure you that I will honor your plea bargain and spare your life. That being said, that is the full extent of any mercy or clemency that you might expect from this court.