My friend, Bobby Howe, practiced law with his father and older brother on King Street before he became the Plea King of the Charleston County criminal courts. He was still earning his reputation for pulling the impossible out of his hat when the son of a family he represented found himself facing up to five years for Possession with Intent to Distribute about a half pound of marijuana. A customer of the son snitched giving the police probable cause to obtain a search warrant for the familial home. While the mother stalled as long as she could at the front door, her son tossed the pot out the second story window into the waiting hands of a narc who’d gone around to the back of the house. Things were looking downright dim for Bobby’s client and got worse when his guilty plea was scheduled to be called before the Honorable Clarence E. Singletary known for taking a hard stance against drugs.
Sensing his client was facing hard time, Bobby in desperation turned to his father, Gedney M. Howe, Jr., for help. “Pops, I need your help,” Bobby pleaded. “This family has been good, repeat customers of mine for the past couple of years. One member or another is always in some kind of trouble with the police, and they always pay their fees,” Bobby explained. “What’s the case about?” Big G asked. “Just some pot, nothing serious,” Bobby sheepishly said. “Well, just how much pot are we talking about?” “Half a pound,” Bobby replied as Big G’s eyebrows raised knowing that much pot was enough to put you in the slammer in those days. Bobby knew it too but put on his best puppy face to tug his father’s heart strings and said, “Pops, he’s scheduled to plea today before Judge Clarence Singletary and, knowing how close you are to Judge Singletary, you both being boat captains during the war, I was hoping you’d come stand with me to help keep the sentence down as low as possible.” Big G served in the Navy as a PT boat captain during the war and Judge Singletary served in the Coast Guard as a Commander but, Bobby was right, they were good friends. Big G agreed to attend the plea hearing, but Bobby should have known there was no way he would just stand in on a case.
Bobby hastily explained the facts of the case to his father as they walked to the courthouse to meet Bobby’s client and his family. Bobby’s father served as the Solicitor or prosecutor for Charleston County and the family whose livelihood stretched back to the bootlegging days knew exactly who Bobby’s father was and very much appreciated his help.
Big G created quite a stir as he entered the courtroom. Big G was tall and thin and cut the striking figure of a Southern gentleman with his silver hair. Judge Singleton acknowledged his presence and asked what he could do for Big G at the first break. Big G off handedly said he was just there for a little drug case scheduled for that afternoon and Judge Singleton asked that the case be called next as an accommodation for his old friend. Robert B. Wallace was the Solicitor and was glad to oblige.
As is customary, Judge Singletary asked the preliminary questions. What is your full name? How old are you? How far did you go in school? Can you read and write English? Are you presently under the influence of alcohol, drugs, or medication that might affect your ability to understand these proceedings? Have you had sufficient time to discuss your case with your attorney? Are you satisfied with his attorney’s representation? Do you understand the charge against you? Has your attorney explained the elements of the offense? Do you understand I can give you up to five years? Do you understand that you have the right to plead not guilty? Do you understand that you have the right to a trial by jury? Do you understand that you are presumed innocent unless the State proves your guilt beyond a reasonable doubt? Do you understand that the State would have to prove every element of the offense beyond a reasonable doubt? Do you understand that you have the right to confront and cross-examine the witnesses against you? Do you understand that you have the right to subpoena witnesses and present evidence in your defense? Do you understand that you have the right to testify or remain silent? Do you understand that by pleading guilty, you are giving up these constitutional rights? Has anyone threatened you or forced you to plead guilty? Has anyone promised you anything in exchange for your guilty plea other than the agreement stated here in court? Are you pleading guilty of your own free will? Are you pleading guilty because you are, in fact, guilty of the offense charged? Bobby’s client answered affirmatively and Judge Singletary turned to Solicitor Wallace for the factual basis supporting the plea.
Solicitor Wallace recited the facts of the case and advised chemical testing confirmed the contraband was marijuana weighing just shy of half a pound. Satisfied, Judge Singletary asked Bobby’s client if he heard the facts presented by the solicitor? Are those facts substantially correct? Do you still wish to plead guilty? Do you understand that once I accept your plea, there will be no jury trial? Bobby’s client again answered affirmatively and Judge Singletary concluded by asking, How do you wish to plead—guilty or not guilty? Bobby’s client pled guilty and Judge Singletary turned to Bobby for anything he wished to say on behalf of his client, but Big G stepped right in.
Big G put his arm around Bobby’s client’s mother’s shoulders and began by saying, “Judge, when other boys their age were out in the streets protesting the war in Vietnam, these are the kind of boys who volunteered to serve out nation. This is the kind of mother who read those lonely letters from her sons overseas. I know how your honor feels about how drugs are tearing apart the fabric of our great nation, but all I ask is that you have mercy on this poor mother in passing your sentence.” Judge Singletary was moved but gave Bobby’s client what we lawyers call a bullet, four years suspended on service of twelve months followed by two years’ probation.
The client’s family were very happy with the sentence. They knew, because of the way the system works, it was very unlikely Bobby’s client would ever see the inside of the Big House. More, likely he’d serve a couple of months in the County jail before being released. They thanked Big G profusely as they walked out of the courthouse. Then the client’s mother blurted out, “Mr. Howe, that was a wonderful speech you made for my boy but none of my boys served in Vietnam.” Big G just smiled and said, “I never said they did. I said they were the kind of boys that served.”
