This is an excerpt from High Price: The Luke Scarmazzo Story. Click here to purchase the Paperback of eBook.

Day four of jury deliberations began like all the others, but it didn’t take long for that to change. My phone rang as Jasmine and I were riding the elevator back to our room after breakfast. I glanced down and saw it was Capozzi.

“Hey, what’s up, Tony,” I answered.

“Luke, the judge wants us in court.” My heart sank. “The jury has another question.”

“Okay, I’ll get dressed and be there ASAP.” 

After gathering everybody, Rich and I arrived at the courthouse just after 11 a.m. Forkner and Capozzi were already at the defense table, anxiously awaiting us.

“What’s up?” Rich asked Forkner.

“We don’t know yet.” Forkner looked like he hadn’t slept in two days. He had dark circles under his eyes. “The judge just said the jury has a question.”

At that moment, Judge Wanger hastily entered the courtroom with his black robe flowing behind him. “Be seated.” He took his seat. “I can see that the government and the defense are present,” he nodded at both tables. He almost looked relieved to see us, as if he were uncertain we were going to show up. “The jury has a question,” he unfolded a piece of paper and read it aloud. “If we have reached a verdict on all counts except one, does that make the verdict on the other counts invalid?” The judge looked up at us. “No questions? Okay then, let’s bring in the jury.”

The twelve members of the jury shuffled in and took their assigned seats in the jury box. Judge Wanger greeted them and re-read their question aloud. “Is that your only question?” They all nodded. “Okay, well, if you have reached a verdict, and we don’t want to know what that verdict is,” he added quickly, “to all counts except one, then no, it does not affect the other verdicts. That said, and let me stress this, you must continue to deliberate until you have reached a unanimous decision as to all counts, unless you are hopelessly deadlocked.”

The jury foreman stood. “Your Honor, I believe we are hopelessly deadlocked,” the foreman said, dejected.

“Well, I’m going to send you back to deliberate further,” the judge said firmly. “We will meet back here in a couple of hours.” The jury stood and was escorted back to the deliberation room. Then Judge Wanger turned to us. “I would stay nearby. I believe we will have a verdict shortly.”

Everyone left the courtroom and wandered around the hallway just outside the doors. Twenty minutes later, I had had enough. I walked over to Rich. “I’m going outside. It’s a nice day, and I don’t feel like waiting in this suffocating hallway all day.”

“Good idea,” Rich agreed. “Let’s go.”

Rich and I led all of our family members and supporters to some benches outside. The mood was tense. We knew the verdict was close at hand. Rich and I discussed what we thought the question from the jury could have meant. Maybe they found us ‘not guilty’ on all counts but one of the lesser cultivation charges. Or, maybe they had found us guilty on all counts but the Continuing Criminal Enterprise, the super crime that carried a twenty-year minimum. But, most of our charges were so intertwined and related to one another that neither scenario seemed likely. We ended up with more questions than answers.

In contrast to our moods, the day was bright. The sun bathed the city from a cloudless sky. My mom sat next to me and put her arm around my shoulder. “It’s going to be alright, honey. We just have to stay positive,” she said to reassure herself as much as anything else. She was worried.

I smiled. “We’re gonna be fine, Mom,” I reassured her, trying to sound more confident than I felt. Then, the thought dawned on me: I still had the opportunity to run. I could grab DeVina and Jasmine and make a break for the Mexican border. It would be hours before they realized I was gone. From there, we could fly to Brazil or some other non-extradition country. But I dismissed this fantasy as quickly as it arrived. Trying to survive as a fugitive on my own would be hard, but it would be next to impossible with a woman and child. Plus, after attorney fees, forfeitures, and living expenses, I didn’t have enough money to run for long. No, I wouldn’t run, I decided, I’d face the consequences. No matter what they were. We had made the choice that we were going to stand firm and see it through, and that’s what I was going to do.

“Do you want me to have Jaz come sit by you?” My mom asked. DeVina stood to retrieve her, but I put my hand on her thigh and shook my head.

“No, let her play,” I said simply. Jasmine and Nina were picking dandelions, holding them above their heads, and running up and down a nearby grassy knoll. Their cheeks were flushed, and they were laughing and shouting, enjoying the simple play that only children can appreciate.

As I watched them play, I realized this might be my last day sitting in the sun as a free man. I took a mental picture of Jasmine and Nina playing. I didn’t want to forget. Sun. Daughter. Freedom.

Then suddenly, Rich’s mom came stumbling hastily from the courthouse doors. “The jury!” she shouted frantically. “They’ve reached a verdict!”

We all went back into the foreboding federal building. Rich’s mom and aunt were praying as we walked, which gave our procession an ominous aura. I had a bad feeling, but I walked with my head high. I couldn’t falter in front of my family and friends. DeVina looped her arm through mine, and I held Jasmine’s hand with my other. I took a deep breath and, with fresh strength, walked on. Thank you, God.

When we got to the courtroom, not only was it crowded with media and supporters, but one entire side of the audience chamber was filled with law enforcement personnel, US attorneys, and federal agents, their suits and badges shined to a gleam. There was also a line of six US marshals standing near the jury box. Everyone had a look of anticipation on their faces, like a crowd gathered around the gallows awaiting a good hangin’. There’s nothing like an execution to start the day. This was some form of entertainment to them. They wanted to take pleasure in our demise. That made me more determined than ever not to cower, no matter the verdict. I would not wince nor cry aloud.

Rich and I took our seats at the defense table. I looked over at Forkner. He winked at me and mouthed, “We got this.” I smiled at his positive encouragement, though I didn’t share it. There was a thickness in the air. It’s hard to explain, but it felt like evil was lurking. The hair on the back of my neck was standing, and I could feel everyone staring at the back of my head.

“Your Honor,” Servatius said as Judge Wanger came in. “There are many young children in the courtroom,” she gestured toward Jasmine, Nina, and the other kids behind us, “Perhaps you can ask the defendants’ families to take them out of the courtroom.”

“Mr. Capozzi, Mr. Forkner, will you ask your clients to direct their respective families to take any young children out of the courtroom?” Wanger asked.

Capozzi turned to me. “Yes, Luke, it’s probably a good idea.”

“No,” I said sharply. “What happens here will be in full light for everyone to see, especially the next generation.” I would not be moved.

Judge Wanger nodded and said, “Very well.” Then, he summoned the jury. They came through the side door and filed into their seats. I looked at each of them, and none would make eye contact. Were they ashamed, I thought to myself? I tried to assess their moods, but they just stared at the judge and shifted uneasily in their seats.

“I understand that the jury is ready to present their verdicts?” Judge Wanger asked. The jury foreman stood up confidently.

“Yes, your Honor, that’s correct.”

“Is it to all counts?” Judge Wanger inquired.

“No, your Honor,” the foreman admitted. “On one of the counts, we are still hopelessly deadlocked.” The judge nodded.

Let it be on count one, I thought to myself, the big organized crime charge. Hopefully they deadlocked on the continuing criminal enterprise. Please, God, it was obvious we weren’t a cartel or pair of drug lords.

“Please hand your verdict form to the court clerk,” the judge directed. The foreman handed a piece of paper to the clerk. “Will the defendants please rise?” Rich, Forkner, Capozzi, and I all rose from our chairs. “Go ahead and read the verdict aloud, Madam Clerk.”

“Yes, your Honor,” the court clerk turned and faced the rest of the courtroom.  

“For the defendant Luke Scarmazzo, as to count one, conducting a continuing criminal enterprise, we, the jury, find the defendant. . . guilty.”

The word seemed to have sucked the air from the room, and my knees nearly buckled. It felt like I had been struck by a heavy hammer. The court clerk continued, but her words seemed distant. I could no longer hear anything clearly. GUILTY? How could that be? All the sounds in the room seemed muffled like I was listening underwater. Then I heard the gasps and cries from behind me. My poor mother, my daughter, DeVina, and everyone else. Their sobs sobered me. I straightened my back and clenched my jaw. I would be strong, if nothing else, for my family. I felt the eyes of the prosecutor, her dark, probing eyes appraising me. She wanted to witness my pain, wanted to see me capitulate under the weight of the verdict.

The court clerk read the rest of the verdict, deadlocked on count two, conspiracy to distribute marijuana. That didn’t make sense? How could the jury not reach a verdict on a simple conspiracy to distribute marijuana? We had admitted as much on the stand, yet they found us guilty of the more sophisticated and complex conspiracy? You needed the elements of the lesser conspiracy to make a guilty finding of the criminal enterprise charge. What did any of that matter, though? Damn, I thought, guilty of conducting a continuing criminal enterprise. That charge alone carried a mandatory minimum sentence of twenty years to life. This couldn’t be happening. This wasn’t how it was supposed to go. We were a legal medical marijuana dispensary. We were there to help people. Surely, this couldn’t be happening.

But it was happening.

The court clerk continued. “Count three, guilty. Count seven, guilty.” She paused to let the verdicts sink in. Her words hung in the air like the barrel smoke at a shooting range. Then she began anew. “For the defendant Ricardo Montes, as to count one, conducting a continuing criminal enterprise, we find the defendant—guilty.”

I heard fresh cries in the audience behind us. I dared not look back or risk losing my composure. The new cries undoubtedly came from Rich’s mom, cousins, aunts, and daughter. Rich briefly shook his head in disbelief, then just stared ahead at the judge.

The court clerk went on relentlessly. Count two—deadlocked. And guilty as to all other counts. When she finished reading the verdict forms, she sat back down. The six US marshals hastily crossed the courtroom and stood behind us.

The judge nodded to them. “You may take them away.”

I summoned the courage to turn and face my family before the marshal put handcuffs on us. I had to be strong for them, I reminded myself. The first face I saw was Jasmine. She looked like she was literally in pain, clutching her mom. She was crying so hard she wasn’t making a sound, her mouth wide open. I felt my heart shatter. That face, with the silent, painful sadness etched into it, is forever burned into my memory. I will never forget it for all of my days. Daddy’s gone.

I looked at my mom and DeVina. “It’s gonna be alright,” I nodded with as much reassurance and strength as I could muster. “Don’t worry, we’re gonna be okay.” I knelt down in front of Jasmine. “Be strong, baby. Don’t cry. I need you to take care of your mama. I love you.” If she heard me, she didn’t show it. She stayed frozen in shock. The nearest marshal tapped my shoulder, but I ignored him. “I love you guys. I’ll call tonight,” I nodded. “We’re gonna be okay,” I repeated.

The marshals led me and Rich through a side door into a freezing cold stainless-steel holding cell. I sat on the bench and exhaled deeply. “Twenty years,” I shook my head. “Twenty years in prison. At a minimum.”

Rich looked at me blankly, then a wry smile crossed his face. “It’s too late to apologize,” he sang the popular One Republic song, “It’s too laaaaaaate.” We both started laughing. It was just what we needed at that exact moment. I was grateful to have Rich at my side. We had a long, perilous journey ahead of us. The shadow of the valley of death loomed large, but Rich could always find a way to make the burden seem lighter.