Collision Course (A Josh Williams Novel) (20 page)

On
Monday, the first day of trial, US Attorney Robert Collucci stood on the courthouse stairs addressing the horde of media.

Hawk and Josh came around the corner, started up the stairs. The reporters deserted Collucci for a shot at the defendant. Collucci looked incensed at the abandonment. The reporters were jostling to get a question in. Hawk and Josh continued through the crowd.

Hawk paused, as a reporter asked, "Aren't you worried about the government's overwhelming case, Mr. Bennett?"

Turning to the reporter, he came back down a few steps, laughing. "Wow, did my worthy brother pass out a printed listing of his manufactured evidence for you, along with his campaign speech?"

Facing all the reporters, he continued, "As much fun as it would be to debate Mr. Collucci in public on this matter, I prefer to do my job in the courtroom. Mr. Collucci would be wise to emulate this. It is easy to make a speech about evidence, another thing to produce it in court.”

Hawk was in his element now. He loved quests and touting at windmills. Inflicting some damage on Collucci would be fun.

“Sergeant Williams and I have every confidence the jury will recognize this witch-hunt and return a not guilty verdict on all counts. Glad to see the media is taking such an interest. I hope, at the end of the trial, you'll expose this for what it is, a travesty of justice in pursuit of political gain." Hawk headed back up into the courthouse.

"Morning, Sergeant Williams," nodded Deputy US Marshall Steve Murray. Murray, a retired Providence Police Officer, worked with Williams on a number of cases. "I have to send you through the metal detector like the common folk this morning," he apologized.

"No problem, Steve, I won't be carrying a weapon in here for a while."

"A short while," Hawk added.

Making their way to Courtroom 3, they found the spectator's gallery full. There was a mix of East Providence officers, Chief Brennan included, a significant number of media, and a few lucky civilians who managed to get seats.

Josh looked around to see if Keira was there.

Recognizing the look, Hawk touched his shoulder. "Listen my boy; you need to focus on the trial. Their case is not very good, but it is a jury we are dealing with. Trust me, you will have time to find her and apologize later. Alternatively, you can follow my philosophy. Replace her." Shrugging his shoulders, he began pulling files from his brief case.

US Attorney Robert Collucci and Assistant US Attorney Margaret Fleming came in with Special Agents Slattery and Waters. As Fleming and the agents began laying out files and notepads, Collucci came over, extending his hand, "Mr. Bennett, good morning."

Hawk reached out, took the hand in a powerful grip, enjoying the apprehension in Collucci's eyes. "Good morning to you, sir."

Collucci tried to pull away. Hawk pulled him closer, whispering, "That’s the last pleasantry you'll get from me until this is over, sir." Increasing the pressure of his grip, enjoying the look of fear in the eyes, and then releasing it.

Collucci rejoined Fleming at the government table and took some notes.

The Deputy US Marshall entered the courtroom and announced, "All rise, the United States District Court, District of Rhode Island, is in session. The Honorable Ulysses Steven Rodericks presiding."

Hawk leaned over to Josh, "Useless Rodericks. This is going to be fun."

"Be seated."

Judge Rodericks took a moment to organize his bench. "Gentlemen, and ladies, I know you were originally expecting Judge Shore to preside. Judge Shore had a family emergency so, as the Chief Judge, I have assumed trial responsibility. I trust that is not an issue."

Not waiting for a response, Rodericks continued. "We will begin jury selection this morning. I expect to impanel the jury before the end of the day. Trial will begin first thing tomorrow. Before we bring in the jury pool are there any preliminary motions, Mr. Collucci?"

"No honor," not quite rising.

"Mr. Collucci, I realize it may have been some time since you've been in a courtroom, but in this courtroom, you will stand before addressing the court, is that clear?"

"Yes your..." as he started to rise, "Yes your Honor."

"Mr. Bennett does the defense wish to be heard on any preliminary matters."

Hawk made a point of rising, standing ramrod straight, "Yes your Honor, I'd like to be heard on my motions to dismiss based on prosecutorial misconduct as well as failure to comply with discovery."

"Objection, your honor," Collucci interjected

"Objection to what?" Roderick said. "You're objecting to his arguing a motion? I'll entertain the motion and take it under consideration."

"Thank you, your honor." Hawk began, "the defendant in this case is a highly regarded police officer with the misfortune of being involved in a deadly force incident. The East Providence Police investigated the matter, with the assistance of the Rhode Island State Police. The result of that investigation was turned over to the Rhode Island Department of the Attorney General for presentation to the Providence County Grand jury."

Pointing at Collucci, Hawk continued. "The US Attorney intervened and prevented the case from being put before the state grand jury. This intervention was absent any compelling governmental interest or indication of any federal issues. My motion consists of three main points.

First, government attorneys had a conflict of interest in conducting the grand jury investigation,

Second, government attorneys conducted abusive and misleading questioning of witnesses before the grand jury; and,

Thirdly, government attorneys and agents interfered with defense counsel's access to a government witness.

Clearly, the US Attorney has a conflict of interest inasmuch as he turned this into a public political circus and demonstrated no compelling federal issues. During the Federal Grand jury presentation, he threatened witnesses with prosecution, or promised immunity, to compel testimony. The government abused witnesses and forced false testimony. Lastly, the government denied defense counsel access to interview these witnesses. Some of the witnesses used to secure the indictment are not even listed in the discovery witness list. Defense had to discover their existence independently, in as much as their grand jury testimony was not included in discovery.

This case is not properly before the court.

The case should be dismissed and referred back to the Department of the Attorney General. When, and if, the matter is presented to the Providence County Grand jury, the government will have ample opportunity to review the grand jury testimony results, and, if need be, conduct an independent investigation to determine any compelling governmental interests or violations of federal civil rights.

For those reasons, defendant moves the case be dismissed."

"May I be heard, your Honor?" Ms. Fleming requested.

"Ms. Fleming, if you insist. However, I must caution you. Under the circumstances, your written response to this brief would be appreciated as a timesaving gesture to this court. I would like to move on. I am taking the motion under consideration for now." Rodericks answered.

"Very well, your Honor, I will have it to you as soon as possible." Fleming sat, taking notes.

True to his word, Rodericks pushed through the jury selection.

The jury consisted of seven women and five men. Five black, three Hispanic, and four white.

Hawk was satisfied that the mix would insure a fair and impartial verdict. Specifically, not guilty. Despite Collucci’s best efforts for an all minority jury, some masterful use of pre-emptory challenges to potential jurors worked to Hawk’s advantage.

On
the second day of trial, Josh walked alone into the courthouse. Hawk called to tell him he would meet him there. As Josh came up the stairs to courtroom 1, Deputy US Marshal Steve Murray handed him an envelope.

"What's this?"

"Don't know," Murray replied.

"Who gave it to you?" Josh asked.

"Read it. I was asked to get it to you before the trial." Murray turned and headed into the Marshal's office.

Josh looked at the envelope, computer printed, one letter, "J.”

As he started to open the letter, Hawk walked up to him.

"What's that?" he asked.

"I don't know," sliding it into his briefcase, "I'll read it later."

"Okay, my boy, this is where I earn my money, and you are dazzled by my legal brilliance, or not. Either way I get paid, right?" Smiling and diverting his gaze to several female reporters entering the court.

Josh looked toward the women and back at Hawk, "would it be better if I were female? Would I get your undivided attention?"

"Not at all son, I am sure you'd be an ugly woman, you'd get no attention." Walking into the courtroom and placing the files on the defense table.

"All rise."

Judge Rodericks came into the courtroom, took his position on the bench. After reviewing several documents he said, "Mr. Bennett in the matter of your motion to dismiss, I have some serious reservations about the timeliness of this. I am going to withhold any decision until I hear the government's case."

Turning to the government table, “I must say, Ms. Fleming, there are some rather striking deficiencies in the government's response. I would hope your case in chief is more substantial."

Fleming and Collucci both started to rise.

"Sit, please, sit.” Rodericks intoned, raising his hands, "I am not prejudging the matter, just expressing concern on the quality of the material so far before this court."

After a few minor preliminary matters, the jury members came into the courtroom. Judge Rodericks provided a brief synopsis of the trial structure. With the preliminary matters completed, the government began with its opening statement.

“Ladies and Gentlemen, my name is Robert Michael Collucci, the United States Attorney for the District of Rhode Island. I represent the government in this matter. We intend to present you with a tremendous amount of evidence proving, beyond any reasonable doubt, that the defendant Sergeant Josh Williams, acting under the color of the law, deprived Mr. Anthony Machado of his civil rights.”

Stopping to look at several of the jurors directly, “And more importantly, his life.” Shaking his head slowly, he looked over at the defense table, he pointed at Josh.

“Mr. Williams, while acting in his official capacity as a sworn police officer, shot and killed an unarmed African-American man for no other reason than the color of his skin.” Grabbing the sides of the podium, “Can you imagine? The color of his skin."

Holding up a picture of a Marine in dress blues, he continued. “Anthony Machado was no ordinary man. He was a decorated United States Marine Corps combat veteran, disabled by wounds both physical and psychological, and the defendant executed him simply because he was black.” Placing the picture on the podium.

“You will hear testimony, from an FBI expert in use of force and tactical operations. He will detail how Sergeant Williams, by deliberately entering the church alone, disregarded standard police practice. Based on nothing but flimsy radio reports.

Why? That is what you need to ask yourself.”

Collucci noticed some of the jurors looking at Josh. He moved to draw their attention back to himself. “Why would Mr. Williams, a trained, experience officer, enter the church alone? There were literally dozens of officers converging on the scene.”

His movement causing the desired effect. “Why not wait?”

Focusing his attention on the jurors that looked at Josh.

“I will tell you why.” Pausing to look at each juror. “He was chasing a running black man. In the insular police world, that is an invitation you cannot refuse. Sergeant Joshua Williams, a police officer, acted as judge, jury, and executioner. He took the law into his own hands, convicted a man, and sentenced him to death for the crime of being black and running away.”

Back at the podium, he leaned in toward the jury.

“The defendant killed Mr. Machado for the color of his skin, forever silencing the content of his character.”

Pointing again at Josh, “Mr. Machado, a US Marine combat hero, killed by this man sworn to uphold and protect the Constitution of this great nation.”

Taking a piece of paper and crumbling it, “Instead, he used it to wipe the blood of an unarmed man off his hands.” Tossing the paper onto the table.

“All of this, we will show you by the overwhelming volume of evidence.

You will hear testimony for a number of other witnesses, including a Priest, who saw the whole thing from inside the church.

You will hear expert testimony of how this pattern of behavior by Mr. Williams is a textbook case of racial profiling.

You will also hear from the defense. They will try to smoke screen the government's case; distract you with things that are not germane to this matter.

Do not let them divert your focus from the important aspect.

Mr. Williams took it upon himself to disregard standard police procedure, decide not to wait for the dozens of other officers available to assist him, enter the church alone, confront an unarmed, terrified, confused, psychologically impaired black man, Anthony Machado, and execute him in cold blood.

When the government's case concludes, your certainty of the truth in this matter will be absolute. You will also be sure of your responsibility, find Mr. Williams guilty of violating the Civil Rights of Anthony Machado while acting under the color of the law. Thank you."

"Thank you, Mr. Collucci. Mr. Bennett does the defense wish to make an opening statement?" Judge Rodericks asked.

"I will reserve my opening for later your honor. I'll wait for the defense presentation," Hawk answered, smiling at the jury, "if necessary." Hawk sat down and began writing on a legal pad.