Herb Mitchell: Judge Rodney White

Quotes 

• Judge Rodney White : I have reviewed the contract entered into by Ms. Gamble and Mr. Cahill. I think Ms. Gamble's promises were against public policy, lived up to or not. I also believe they could be technically unenforceable under Massachusetts General Law, Chapter 265, Section 1, which states that only the jury shall determine the degree of murder. However, the fact of the matter is, we enforce plea agreements like this every day, and Ms. Gamble's deceit, trickery, bad faith - It's also against public policy. Lawyers who appear in my court do not get to take advantage of technicalities and bad faith to get out of deals they regret. I'm, therefore, honoring the plea agreement. Mr. Cahill's first degree convictions are set aside. We enter second degree counts, and pursuant to the agreement, Mr. Cahill shall be eligible for parole in 20 years.

  Attorney Byron Powell : Thank you, Your Honor.

  Judge Rodney White : However, this plea agreement is silent on sentencing when it comes to other crimes, such as Mr. Cahill's threat to hit Ms. Gamble.

  Attorney Byron Powell : We deny that ever happened.

  Judge Rodney White : Yes, it would be nice for you if you got a trial on that, but you don't. For sentencing purposes, I need only find by a preponderance of the evidence that it happened. I make that finding now.

  [Judge White addressing to Mr. Cahill] 

  Judge Rodney White : To threaten a D.A., Mr. Cahill, I'm adding 75 years to each of your 2 counts, sentencing to run consecutively. So you will now be eligible for parole in 150 years. Adjourned.

  [Bangs the gavel. Jackie Cahill is finished. He is handcuffed and taken away by the bailiff. And Attorney Byron Powell walks over to Helen and explain about Richard Bay] 

  Attorney Byron Powell : You think you honored Richard Bay in all this? Do you think that cowboy up there just ratified you?

  Helen Gamble : Go away.

  Attorney Byron Powell : Richard Bay was a man of integrity. He honored his word. He honored the law.

  Helen Gamble : If you'll excuse me, I have to go to a funeral.

  Attorney Byron Powell : Well, I hope you pay tribute to him there, because neither you nor that judge did here.

  [Helen glares at Mr. Powell. And he leaves her alone and go away] 

• Attorney Byron Powell : This is classic contract law, Your Honor. Ms. Gamble offered a deal, we accepted the terms, she received consideration...

  Helen Gamble : First of all...

  Attorney Byron Powell : I'm not finished.

  [Continues] 

  Attorney Byron Powell : We also have to consider substantive due process. The government must be required to give Mr. Cahill the benefit of what he bargained for. He gave over the shooter, who was shot dead, by the way. For Ms. Gamble to now say no deal, that is blatant bad faith. This woman was a friend of Richard Bay's. She's been on a mission. The shooter is now dead. Now she's reneging on a signed agreement to get my client, and it should shock the conscience of this court's fundamental notion of fairness.

  Judge Rodney White : Ms. Gamble?

  Helen Gamble : The deal called for Mr. Cahill to reveal everybody involved in Mr. Bay's death. Because the shooter was fatally wounded, our investigation of Mr. Bay's murder has been severely undermined. As for fundamental notions of fairness, this man put a hit on a D.A. He has since threatened to put a hit on me. I find it unbelievable that a man who has violated our laws with such brutality, a man who has murdered and committed acts of depravity, for him now to be seeking the protection of the law, to be exalting arguments of fairness and due process - This classic law that Mr. Powell speaks of calls for the parties to act with clean hands. I'd ask the court to consider Mr. Cahill's hands.

  Attorney Byron Powell : And I would ask the court to consider Helen Gamble's.