Collision Course (A Josh Williams Novel) (21 page)

"
The
government calls Detective Lieutenant Mark Pereira," Fleming announced.

Lieutenant Pereira, dressed in an immaculate dark-blue suit, approached the witness stand, turned, and faced the clerk. After taking the oath, he sat and waited.

"Good morning, Lieutenant."

"Good morning, Ms. Fleming."

"For the record, would you state your name and occupation?"

“My name is Mark Pereira. I am a Detective Lieutenant with the East Providence Police Department currently assigned as the Officer in Charge of the Bureau of Criminal Identification, or BCI for short.

Fleming questioned Pereira on processing the scene inside the church. Fleming introduced images, video, and diagrams completed by Pereira as well as other physical evidence.

"One last question, Lieutenant, is there anything you've left out as to items recovered at the scene?" Fleming queried.

"No, that is the entire list of items recovered." Pereira answered.

"So just to be clear, did you find any weapons inside the church?" Fleming continued.

"None. If I did they would have been photographed and cataloged," came Pereira's response.

"Thank you, Lieutenant, I have no further questions." Fleming returned to the table and sat. Collucci leaned over and patted her on the back.

"Mr. Bennett?" Rodericks asked, looking over his glasses at Hawk.

"Just a few, your Honor."

"Proceed." Rodericks motioned.

"Lieutenant Pereira, when you were photographing and videotaping the inside of the church, did you use ambient light or artificial illumination?"

"I, ah we, used flash on the still digital and the illumination light on the video."

"And why was that?"

"Because it was too dark, the image detail would not have been visible. It is standard photography and video-graphic techniques to use artificial illumination to provide adequate lighting for image capture and detail."

Holding up several of the photographs, "Do any of these images or video we've seen here represent the actual view of the scene with ambient light?"

"No, they were all enhanced with artificial lighting equipment." Pereira looked over to the jury, shaking his head.

"So is it fair to say that these images in no way are representative of the actual lighting conditions inside the church?"

"Objection," Fleming rose, "asking for a conclusion by the witness not established as an expert."

"Your honor..." Hawk began

"Overruled," Rodericks interrupted. "Ms. Fleming, this is your crime scene witness. I think he has demonstrated his knowledge of the mechanics of photography and is more than qualified to answer the question, continue Lieutenant."

"If I took any digital images or video without artificial lighting, the images would not be visible. The church was very dark inside." Pereira answered.

"No further questions, your honor, but I would like to reserve the right to recall Lieutenant Pereira in the future if necessary." Hawk sat down and made more notes.

"Ms. Fleming?" Rodericks asked, looking over as Collucci and Fleming huddled.

"Nothing further, your honor."

After
several more investigators testified, the government called the Rhode Island State Medical Examiner.

"The government calls Dr. Belinda Warrish."

Dr. Warrish walked to the stand, took the witness oath and sat down.

"Good afternoon, Doctor. Would you please state your name and occupation for the record?"

"Dr. Belinda Warrish, Deputy State Medical Examiner for the State of Rhode Island."

"And how long have you been with the medical examiner office?"

"Twenty-six years."

"Your honor," Fleming looked and nodded at Hawk, "with the consent of the defense we move that Dr. Warrish be allowed to testify as an expert witness."

"Mr. Bennett?" Rodericks asked.

"No objections, you honor. I'd be happy to admit the Doctor's report as a full exhibit and agree to the validity of those findings."

"Ms. Fleming?" Rodericks asked, a bit of a plea in his voice.

"Your honor, there are certain aspects of the medical examiner's finding I wish to explore for the benefit of the jury. I will keep it brief."

"Very well, Ms. Fleming. However for housekeeping purposes, we will be taking a break at 2:00 pm, and then adjourning for the day at 4:30 pm."

"Thank you, your honor," turning to the witness, "Now, Dr. Warrish. I would like you to examine this document. Do you recognize it?"

"Yes, it is my report of the autopsy of Anthony Machado conducted on March 16, 20o9."

"Would you please read the highlighted section?"

The doctor held the report up, looked at it for a moment, then began to read.

"Subject, Anthony Machado, is a twenty-four-year-old, light-skinned, black male, five-foot ten inches, one hundred sixty-five pounds, in good general physical condition. Subject's body shows evidence of several previous significant injures including the following:

Gunshot wound with skull fracture and significant residual scarring on the left front of the head.

Muscle and surface damage to the upper left leg consistent with an injury from an explosive device. There is evidence of second and third degree burns.

Gunshot wound to the lower left abdomen.

Extensive scarring on the upper and lower back consistent with shrapnel from an explosive device.

These injuries were medically treated and healed as best as could be expected considering the nature and extent of the wounds. The leg wounds likely limited mobility of the limb.

New injuries:

1. Penetrating gunshot wound to the chest perforating the Pericardium

2. Second Penetrating gunshot wound to the chest perforating the Pericardium

3. Gunshot wound to the skull

CAUSE OF DEATH:

Primary: Gunshot to the chest penetrating the pericardial sac causing pericardial tamponade.

Manner of Death: Homicide

Evidence of injury:

Penetrating gunshot wounds of the chest:

The entrance wounds are located on the left chest, 17 inches below the top of the head, and 1 inch to the left of the midline. It consists of a 1 x ¾ inch oval perforation ranging from less than 1/8 inch thick to 1/8 inch at its widest point. This wound is consistent with a wound entrance of intermediate range. Upon inspection by the naked eye, gunpowder particles are not present on the skin surrounding the wound.

The second wound is locate ¼ inch to the left of the first penetration hole. It consists of a 1 X ½ inch oval perforation ranging from less than 1/8 inch thick to 1/8 inch thick at its widest point.

This wound is also consistent with a wound entrance of intermediate range. Upon inspection by the naked eye, gunpowder particles are not present on the skin surrounding the wound.

Further examination demonstrates that the wound track passes directly from front to back and perforates the pericardial sac, lodging in the right ventricle of the heart causing pericardial tamponade. There is no wound of exit.

Gunshot wound of the head:

There is a 1/8 inch circular gunshot wound of entrance over the anterolateral lower right forehead, above the eyebrow. To the naked eye, there are no gunpowder particles present on the skin.

The track of the wound perforates the anterior frontal skull and travels across the right anterior cranial fossa without brain tissue injury or bleeding.

The projectile then traverses the right temporal bone, and exits just inferior and lateral to the right zygomatic arch."

Looking up, "is there anything else you'd like me to read?"

"No, thank you. Would you explain to the jury, in layman's terms, what pericardial tamponade is?"

"When the Pericardium, the sack around the heart, is punctured it fills with blood and compresses the heart, preventing it from performing its critical function. This causes an abrupt loss in blood pressure leading to unconsciousness and death in a few minutes."

"Would a person suffering the wounds you described be able to say anything before losing consciousness?"

"Well, I believe there would be a moment or so before the blood pressure collapse rendered them unconscious during which they could speak, but it would be brief."

“Even with the head wound?”

Warrish reviewed the report again. “The head wound, while causing significant damage, was survivable. My opinion is that he would have been able to speak for a brief period before his blood pressure level dropped.”

"Now Doctor, let me draw your attention to another part of the report. You described previous injuries to the body."

"Yes, there was extensive prior damage, medically treated, consistent with explosives and gunshots."

"In particular, would you re-read this highlighted section?"

Taking the report, Dr. Warrish read "The leg wounds likely limited mobility of the limb," handing the report back to Fleming.

"In your opinion Doctor, would Mr. Machado have been able to run or crawl with that injury?"

"His movement would have been restricted; he could move the limb to walk, although with apparent difficulty. Running would be severely restricted as far as movement with any rapidity.

As to crawling, since that would require him to retract and extend the leg fully in order to contribute to the motion, I do not think he could crawl effectively."

"Now Doctor Warrish, did your examination of the body find any gunshot residue?"

"It did, there were small amounts of gunshot residue on Mr. Machado's chest and skull. I recovered and analyzed these with Scanning Electron Microscopy/Energy Dispersive X-ray Spectrometry. The fragments matched samples taken from the firearm used by Sergeant Williams."

"In laymen's terms Doctor."

"We used an electron microscope to locate and analyze gunshot residue. They were not visible to the naked eye. The recovered fragments compared to samples recovered from Sergeant Williams’s weapon were a match."

"And Doctor, would you explain the significance of finding gunshot residue on Mr. Machado."

"Yes, the presence of gunshot residue is useful for several reasons. It is helpful in determining entrance and exit wounds and it is indicative of the distance between the firearm and victim at the time of the discharge.”

"Do you have an opinion based on these findings, as to how close the weapon was to Mr. Machado when it was discharged?"

"I do, I would place the weapon with five to seven feet of the victim."

"Thank you Doctor, I have nothing further, your Honor."

"Mr. Bennett, do you wish to inquire?" Rodericks asked.

"I do, your honor, if I may have a moment," leaning over to Josh he whispered, "he was crawling, correct?"

"He was trying to; his right leg was moving and his left foot. He was dragging himself along on his elbow." Josh replied.

"Thank you, your Honor,” rising from his chair, "Good afternoon Dr. Warrish."

"Good afternoon, sir"

"Doctor, is there any mention in your report of damage to Mr. Machado's arms, in particular, his elbows?"

"May I have my report again?"

"May I approach your honor?"

"Please," Rodericks answered.

Handing her the report, Warrish reviewed it for a moment and then said, "No, there were no findings of any injuries to the elbows."

"Thank you Doctor, now are you familiar with the motion made by snipers, crawling on the stomach, using the legs and elbows to move?"

"I am. I did five years as a field surgeon in the US Army after my residency."

"Splendid, Doctor, and if I may, thank you for your service.”

Warrish smiled, nodding her head.

“Now, keeping in mind that type of motion, would Mr. Machado have been capable of such movement?"

"Objection, your Honor," Fleming interjected, "on what basis can this witness answer such a question"

"Overruled," Rodericks decided. "You opened this door yourself on direct." Turning to the witness, "you may answer the question, Doctor Warrish."

"Well, his limited mobility would be specific to his left leg; he possessed full use of both arms and his right leg. I see no reason he would not be able to move in such a manner, albeit with little contribution by the left leg to the motion."

"I see,” returning to the defense table and looking at his notes, "one last thing Doctor, are there any other ways that gunshot residue could end up on a victim?"

"There is the possibility of transfer." The doctor answered.

"Transfer? What is that?"

"Often, particularly in police involved shootings, those involved have secondary, post-discharge, contact with the victim. They may be looking for vital signs, searching for other weapons, insuring the victim is under control."

"Is there any way to differentiate between direct gunshot residue from the discharge and secondary transfer residue?"

"If the weapon is very close to the victim at time of discharge, there would be what's known as tattooing. In essence, the hot residue burns a pattern onto the surrounding tissue. That is not evident in this matter. Also, the quantity of residue can be indicative of direct, as opposed to secondary, application of residue."

"So in this case, in your expert opinion, can you be certain the residue was directly applied to the victim and not the result of secondary transfer."

Warrish hesitated a moment, looked to the government's table, and then answered, "Based on the quantity of residue, I do not believe I can be certain as to its source. The possibility exists it was transfer."

"Doctor, did you review all the police reports in this matter prior to conducting your examination?" Hawk asked.

"My investigators review the reports and highlight significant matters that may affect my examination."

"So, you didn't read the reports yourself?"

"No, I did not."

"Were you aware that Josh, Sergeant Williams, performed CPR on Mr. Machado immediately after the incident?" Hawk asked, looking at the jury.

"Ah, no I was not made aware of that." Doctor Warrish answered.

"Well, Doctor, now that you are aware, does it alter your opinion as to the source of the residue, or the proximity of the weapon to the Mr. Machado?" Hawk challenged.

"My opinion was based on the assumption there was no post-discharge contact with the victim by the shooter, under the circumstances you describe I would not be able to tell conclusively, absent other indications."

"Thank you, Doctor. I have nothing further your Honor." Hawk turned to the jury, smiled, and returned to his seat.

"Ms. Fleming, re-direct?" Rodericks asked.

Looking to Collucci, Fleming rose, "nothing further your Honor."

"Doctor, thank you for your testimony, you are excused." Rodericks said, "I see it is now 4:20. Rather than starting with the next witness since I assume it will take more than ten minutes, we will recess for the day."

Turning to the jury, "Let me remind you, ladies and gentlemen, not to discuss this case either among yourselves, or with anyone else. You are excused until 8:30 AM Monday morning. Thank you for your attention today. The Marshal will now escort you from the court."

After the jury left, Judge Rodericks left the bench. As Hawk and Josh started toward the door, Collucci came over.

"Mr. Bennett, would you like to discuss a possible plea in this matter? It would save your client from spending the majority of his good years in a Federal Prison," casting a glance at a glaring Josh.

"Kiss my fucking ass, you motherfucking political whore," Josh lashed out.

"Now, now Josh, calm yourself please. Mr. Collucci here is just starting to recognize that his case is about to collapse. I mean a number of rather harmless government witnesses have testified on the first day and they punched the first of what will turn out to be many, many holes in the government's case.” Hawk smiled.