Deaf Arsonist

Fulton County, Georgia: An Atlanta Deaf man, John Berkowitz, was arrested after setting her girlfriend home on fire and was taken into custody and denied bail while the firefighter investigate the arson incident. The prosecutors planning charge him with attempted homicide, having his department working on the case. Deaf man, naturally, felt frustrated, of not having an interpreter on the scene. His girlfriend is now in critical condition  is expected to survive, the interpreters are on standby. The trial been delayed several times due to lack of interpreters amid the pandemic. A public defender plans to seek life as a plea deal to avoid capital punishment, death. The Deaf man has a rap sheep of drug abuses, he needs rehabilitation treatment, not lethal injection. There are no videophones (VP) in his pod section. It's a hostile environment during lockdown, fortunately a CODA gangbuster cellmate that took him under his wings to protect him. We Deaf live in isolation outside this wall and inside here no differences." 

"We Deaf are living in an oppressive society, we can deal with it, watching our backs"

Court transcription: 

Case Docket # 30124: State of Georgia versus John Berkowitz

Judge: We finally got an interpreter, per ADA, so let get this case over with. Do we have a plea bargain here?

Public Defender: Yes, life without parole"

John: "I never agreed to anything as the public defender, whoever this guy is, never asked me nor provide an interpreter during his intake interview, so I plead not guilty."

Public Defender: "But.."

Judge: "No ifs or buts, the trial starts now, the state may now make an opening argument (statement) to the jury."

Prosecutor: "The state intends to prove that the defendant, John Berkowitz (pointing toward him) intends  to kill his girlfriend to collect an insurance windfall and we'll prove his motive and we'll seek maximum penalty. '

Public Defender: "I'm wasn't expecting a trial, so the defendant ignores my advice it's my job to at least defend him, maybe he'll regret his decision."

Judge: "The jury are instructed not to discuss the case outside the courtroom and only during deliberations."

Prosecutor: "The state calls Criminologist Goldman to the stand"

Judge: "May I remind you that you're not to drink coffee during questioning."

Prosecutor: "Is it common that an arsonist will commit murder or attempt murder to obtain insurance settlement."

Goldman: "Yes, we seen several cases, just got back from testifying in Detroit."

Public Defender: "Does John Berkowitz fit that profile?"

Goldman: "I don't know, but I think..."

Public Defender: "No further questions, your honor."

Prosecutor: "I calls John Berkowitz to the stands."

Public Defender: "John is taking the 5th and won't testify."

The trial at that moment was disrupted when the county coroner walks in and whisper into the judge's ear.

After consultations with both teams, the judge regretfully announces to the packed courtroom that the defendant's girlfriend has died an hour ago.

The Deaf defendant bursts out in tears being comforted by his family behind him. 

Prosecutor: "The State now changes the charges, upgrading it to premediated first degree murder."

At the moment, the ASL interpreters switch as they always do every forty five minutes it's a thankless stressful job.

Public Defender: "Our team request a short recess so our defendant, John, can take a breather."

Prosecutor:  "No objection!"

(one hour recess)

Public Defender: "You're facing execution so take that damn plea, it's your choice; being on a cell block or injected into hell."

John: "What makes you think I'm guilty, isn't it your job to defend me?" (John is obviously angered at the lawyer's autism attitude)

Judge: "The court reconvene, the State may call witnesses."

Prosecutor: "The State calls John's father, Howard to the stand"

Howard: "Yes (taking the oath before testifying), that boy needs a whipping."

Prosecutor: "What is your relationship with the defendant?"

Howard: "He's my son, that bastard refusing to communicate with our family, using gibberish hand gestures,  get a cochlear-implant (CI), and handing around with Deaf illiterates."

Prosecutor: "No further questions"

Judge: "The Defense may cross-examined the witness"

Public Defender: "Obviously the witness doesn't love his son so I'm not going to waste my time with this scumbag."

Prosecutor: "Objection"

Judge: "Overruled!" (pounding his gavel)

Prosecutor: "The State calls Ponzi, the insurance adjuster."

Ponzi: "Yes" (taking an oath before testifying)

Prosecutor: "Is that defendant one of your clients?"

Ponzi: "Yes, he took out a $100,000  insurance policy after receiving a windfall from his investment."

Prosecutor: "No further questions"

Judge: "The Defense may cross-examined the witness"

Public Defender: "Obviously the witness the witness got creditability issues, bilking investors and clients out of their life savings so I'm not going to waste my time with this scumbag"

Prosecutor: "Objection"

Judge: "Overruled!" (pounding his gavel)

Prosecutor: "The State calls Fred, the Fireman"

Fred: "Yes" (taking an oath before testifying)

Prosecutor: "Were you at the scene that night?"

Fred: "Yes, I initiate an investigation after becoming suspicious and I concludes that it's typically an arson case that needs further investigation."

Prosecutor:  "No further questions"

Judge: "The Defense may cross-examined the witness"

Public Defender: "I'm curious, did you receives the results back from the lab?"

Fred: "No, not yet but I'm confident that it's arson"

Public Defender: "Don't bet on it, no further questions"

Prosecutor: "The State rests its case." (sirens outside)

At that time, bailiffs tries to prevent an intruder, causing undue anxiety within the courtroom.

Judge: "The Defense may now call its witnesses"

Public Defender: "We have no ... hold a moment (cellphone vibrates, reading texts) ... we got a witness outside in the hallway, may I call him in?"

Prosecutor: "Objection, whoever it is, his name wasn't submitted beforehand"

Judge: "Overruled!" (pounding his gavel)

Public Defender: "The Defense calls it first and final witness, Robert, Chief Inspector" (jury being uneasy over the prospect of a long trial)

Robert: "Yes" (taking an oath before testifying)

Public Defender: "Why are you here?"

Robert: "I just got the report from the State lab that the fire was caused by an overheated lithium hearing aid battery that the deceased were wearing and forgotten to take it off when fallen asleep on his bed, so the final conclusion was it's an accident that could been preventable if the manufactures recall the defective products after receiving several complaints from its consumers."

Public Defender: "The Defense now rests its cast."

Judge: "The State may cross-examined the witness"

Prosecutor: "The State drops its charges against the defendant" (applauses, waving of hands among Deaf in the courtroom)

Judge: "Order... (pounding his gavel)...case is dismissed (jury left the courtroom) and the defendant is free to go"

John: "I told you so but you were tone deaf like my father but thanks anyway getting me off the hook."

Public Defender: "I never thought myself as an audist but will resign my position, learn ASL and become an ADA lawyer protecting your rights, maybe you can join my firm as an advocate."

John: "I never thought you'll change but you're forgiven" (prosecutor approaches the Public Defender as John left the courtroom)

Prosecutor: "You're a good lawyer but I still think you are a scumbag" (laughter)

Conclusion: The judge was appointed to the federal court in his district, Goldberg is on sabbatical leave from Gallaudet, Howard is deceased,  the coroner has a cameo role in Law & Disorder, Fred start a business selling spices, Robert is a Police Chief in Milwaukee, the Prosecutor is the new Attorney General of the State of Georgia, the Public Defender joins the Southeast Center for the Law & the Deaf, Ponzi became a felon after jumping bail, escaping the country to avoid prosecution. Interpol tracked him and arrested him in Sicily, he is now facing extradition.  As for John, he's living it up, purchasing after winning a lawsuit putting the manufacturers out of business, setting up a foundation to grant funds to several Deaf organization, buying up hundreds of  acres of land in Connecticut to establish the Clerc Village.

Deaf Anthology: "It's well known that lithium batteries blown up cars but a blown up by an hearing aid, you gotten be kidding me, it's not the Twilight Zone and this will go down in history as one of the strangest cases. The lessons are clear, don't ever assume anything."

This is Smokey stay tuned for the next episode of Deaf Anthology, Good Night Deaf America!