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Rusty Pleads Not Guilty at Arraignment and Demands a Speedy Trial

Presumed Innocent

Rusty Sabich’s arraignment turns a formal response to a murder indictment into a calculated demand for speed. He pleads not guilty, waives the customary pretrial conference, and asks for an immediate trial, arguing that the charges are false while recognizing that delay may only improve the prosecution’s case. The hearing secures his release on a $50,000 signature bond, but its decisive turn comes from a name drawn at random: Judge Larren Lyttle, an appointment that gives the defense reason for relief and leaves Tommy Molto visibly dismayed.

The arraignment and the plea

The proceeding begins when Alvin, the docket clerk, calls criminal case 86-1246. Judge Edgar Mumphrey has just taken his place on the bench. Rusty approaches the podium with Jamie Kemp behind him; Nico Delia Guardia stands beside him, while Tommy Molto waits a few feet away. The contrast between the prosecutors is immediately visible to Rusty: Nico looks composed, whereas Molto’s clothes and unkempt hair make him appear disheveled. Nico offers Rusty a simple greeting and a nod, a small, restrained gesture in a room where their professional history is part of the unspoken tension.

Jamie Kemp asks leave to file an appearance for Alejandro Stern, P.C., on Rusty’s behalf. The court allows the motion, formally recording Stern’s firm as counsel. Kemp then acknowledges receipt of indictment 86-1246, waives its formal reading, and asks the court to enter a plea of not guilty. Edgar Mumphrey repeats the plea for the record. Bail is set by agreement as a $50,000 signature bond, establishing the immediate terms of Rusty’s release while the case proceeds.

The court next offers the parties a pretrial conference, usually a routine plea-bargaining session that can buy both sides time. Nico begins to respond, but Kemp interrupts to say that such a meeting would waste the court’s time. He announces that the charges are grave and false, and that the reputation of a public servant and attorney has been damaged without factual basis. His request is for a swift trial. The speech is forceful, but it is also a litigation strategy: Kemp is reading language Sandy Stern has prepared, and he is expected to repeat the argument for television cameras outside court.

Why the defense demands speed

The request reverses the ordinary preference for delay. Sandy Stern has presented a quick disposition as a way to spare Rusty prolonged emotional strain, but Rusty also sees the practical calculation behind the motion. The prosecution’s existing evidence will not fade with time: his fingerprints will remain, and the MUD records will remain. Delay might give the prosecution more, not less. A witness from the scene could emerge, and some account of the murder weapon might become available. Rusty’s demand therefore contests not only the charge but the advantage time could give his accusers.

The position carries an additional political and personal charge because Nico is the prosecutor now facing Rusty in court. Sandy tells Rusty that he has spoken with Nico and believes him sincere: Nico has recalled their early office days, including briefs Rusty wrote for him and evenings spent with Rusty and Barbara while Nico was married. Sandy contrasts this account with Tommy Molto’s zealous hostility toward the people he prosecutes. In Sandy’s judgment, Nico has been affected by the case and does not want Rusty’s professional life ended merely because he was indiscreet; if Rusty committed murder, he should be punished, but otherwise Nico is prepared to let him go. The arraignment makes that distinction consequential: Nico is still the opposing prosecutor, yet Sandy understands his conduct as a matter of fairness rather than personal vengeance.

The random judicial assignment

Kemp’s demand catches Nico and Molto off guard. Nico again starts to speak, but Edgar Mumphrey cuts him off and directs the clerk to set the case for trial immediately. The assignment procedure carries its own institutional history. About five years earlier, after a scandal in the clerk’s office, Chief Judge Foley solicited a way to make the selection of trial judges completely random. Rusty had proposed drawing the name in open court, where everyone could see the process. The idea was adopted, formally put forward in Raymond Horgan’s name, and became a point of evidence, in Rusty’s recollection, that Horgan regarded him as having executive ability.

The procedure now takes the form of a bingo-like draw. Wooden plaques bearing judges’ names spin inside a closed cage, and Alvin pulls one through the opening. The name is Larren Lyttle. Rusty recognizes him as Raymond’s former partner and experiences the selection as a stroke of fortune; he feels lightheaded. Jamie Kemp reaches back and squeezes Rusty’s hand without otherwise moving. Molto groans. At the bench, Edgar Mumphrey appears, briefly, to smile.

The hearing’s immediate outcome

Edgar Mumphrey assigns the case to Larren Lyttle’s docket for motions and trial, ordering the defense motions filed within fourteen days and leaving the prosecution’s response to Lyttle’s direction. Before moving on to the next case, Mumphrey addresses Nico. He acknowledges that he should have interrupted Kemp, declines to endorse the defense’s speech, and nevertheless emphasizes the seriousness of the charges and Rusty’s long service to the court. His closing expression of hope that justice will be done, and has been done, recognizes the stakes without deciding the case.

Nico exits through the cloakroom. Kemp struggles to keep a straight face, while Jamie puts away his pad and watches Nico leave. The arraignment has not resolved Rusty’s guilt; it has set the terms and pace of the contest. Rusty is formally a defendant, bound over on a signature bond and facing trial, but his side has refused the delay that might have helped the prosecution. The public draw of Larren Lyttle’s name gives that refusal an immediate, visible consequence: the next phase will proceed before a judge whose connection to Raymond Horgan matters to Rusty’s hopes.