Collision Course (A Josh Williams Novel) (30 page)

Hawk
sat talking with Josh as Collucci and Fleming entered the courtroom.

Not waiting for Collucci to settle in, Hawk walked over handing Collucci the notice of Symonds' addition to the defense team.

Collucci looked at the document, dropped it on the desk, and glanced at Fleming, "apparently our brother at the bar has now recognized his limitations and called for assistance."

Looking back at Hawk, “too little, too late I fear."

"Actually, I was just taking the opportunity to share the imminent demise of the unremarkable, and completely in-admirable, career of one more self-righteous, pompous egomaniac." Walking backward to the defense table and smiling at Collucci.

Collucci ignored the comment, but he did take notice of the brief smile by Ms. Fleming.

"Did you find something amusing, Ms. Fleming?"

"Yes, I did. Bennett is a piece of work. I don't think he very much cared for your comment." Picking up the notice, "this worries me though. Symonds is a very bright person. He may see something here we do not. We need to tread carefully."

Collucci thought about that for a minute, "What could they have? There is no way the priest went to them. This is all bluster. Let'em file the motions, there is no way Rodericks will grant any of them."

"Robert, I know you have things under control, but there could be someone working against us, from inside."

"Like who?" Collucci waited for the answer, thinking, Perhaps
you my idealistic asshole of an AUSA. Why did I appoint you in the first place?

"The local office, they have not been thrilled with the DC guys running things. They can feed things to Bennett."

Sometimes, all it takes is a little nudge.

"Look, you just follow the plan," staring at her for a moment, "at any time you want out, I can make it happen."

Collucci started to write something on a notepad, put the pen down, watching Fleming.

"Is there something else?" she asked.

"Keep in mind, sweetheart, I can make it happen even if you don't want out."

Arrogance knows no limitations. There was no way she would let that happen. She needed to make this right.

Rodericks entered the courtroom, "Mr. Bennett, I see we have a new addition at the defense table, care to elaborate."

"Yes your Honor, I served notice on the government and the Court informing them that Mr. William Symonds, Esq., will be assisting me as co-counsel."

Rodericks glanced over to Symonds, "Welcome aboard Mr. Symonds, perhaps you will be able to keep a leash on Mr. Bennett. The court would be most appreciative."

Symonds stood, "Thank you, your Honor, I fear that may be a Sisyphean task."

Rodericks shook his head, "I see you understand my dilemma. Ah well, we shall persevere. Mr. Bennett are you ready for cross?"

"I am, your Honor."

As soon as the jury took their seats, the Marshal announced, "Lieutenant Hamlin."

Chris retook her position in the witness box. As she sat, the juror she remembered leaned over to the juror next to him. A moment later, they both nodded toward Chris. Not sure if that is a good thing, but I better tell Hawk about this. Might be useful.

"Good morning Lieutenant Hamlin."

"Good morning sir"

"Now, Lieutenant, I'd like to have you recall the moments just prior to encountering Mr. Machado. You heard a radio broadcast, is that correct?'

"Well, we heard several but the one I believe you're referring was reporting a robbery with a shooting at the Cumberland Farms on Taunton Avenue."

"Yes, my apologies, we will confine this to the radio traffic and your actions regarding the incident at the Cumberland Farms. Do you recall what information was broadcast?"

"Yes I do. The dispatcher reported multiple calls for a robbery and shooting at the Cumberland Farms, Taunton Avenue. She broadcast a description of a suspect seen leaving the store, cautioning he was armed with a sawed-off shotgun."

"Lieutenant, help me understand, what significance is there to multiple calls?"

Chris smiled a moment, and then continued. "There is a distinct correlation between the number of calls, particularly for a critical incident as this, and the likelihood of it being true."

"I see, so in this instance, the dispatcher reporting multiple calls made the incident more likely to be true, not another false call?"

"Yes. I believed this call to be a real one."

"And did the dispatcher provide a description of the suspect?"

"Yes, the suspect was described as a black male, wearing a blue-hooded sweatshirt armed with a sawed-off-shotgun. Last seen running from the store to the Six Corners area."

"I see. And where were you as this information was being sent out?"

"Sergeant Williams turned onto Grove Avenue. As we came to the intersection of John Street, we spotted a person matching the description of the suspect."

"How close a match, Lieutenant?"

"There was no doubt in my mind this was the suspect."

"So, you've spotted the suspect what do you do?"

"Josh was already out of the car, the suspect turned away, running toward Saint Domenicks. I radioed into dispatch our location and the pursuit, and then went after Josh and the suspect."

"If I may Lieutenant, go back a bit. When you saw the suspect, he fit the physical description correct?"

"He fit it perfectly."

"Did you see a weapon; I believe it was reported to be a sawed-off shotgun?"

"No, I did not see a weapon, but such a weapon, a sawed-off, is easily concealed."

"Easily, how easy can it be?"

"Objection, calls for a conclusion,” Collucci said.

"A conclusion by this seasoned police officer which, if I recall, you yourself made much of her vast experience."

"Overruled," Rodericks made the extra effort to look at the jury, “the witness will answer the question."

"Perhaps it would be helpful to explain what a sawed-off shotgun is, for those of the jury that may be unfamiliar with such weapons, Lieutenant?"

Collucci started to stand, Fleming grabbed his arm, "Christ Robert, she's got thirty-three years on the job, not to drag up the ghosts of Viet Nam again, she's pretty well qualified to describe a sawed-off....."

Collucci glared at Fleming, then back at Chris. "Fine, fucking fine," he muttered.

Hawk saw a better road to follow.

“A sawed-off shotgun is essentially one that has been altered, typically by shortening the barrel, sawing it off, thus the name. There are federal firearm standards that proscribe the legal length of a barrel. A shotgun is a devastating weapon, a sawed-off is even worse since it is easily concealed.

"So Lieutenant, let me understand, the suspect fit the description, acted in a manner consistent with, in your experience, someone trying to avoid contact with the police, yet you did not see a weapon, but you acted as if he did, Why?"

"It is how cops do their job every day; expect the worse, hope for the best. Mr. Bennett, cops all over this country survive to go home by that philosophy." Chris turned to look at the jury.

"And the fact that the dispatcher reported the subject armed with a sawed-off shotgun, did that do anything to contribute to your decision to consider him armed?"

"Yes," looking directly at the friendly juror, "he held his right hand under his sweatshirt, there was an awkwardness to his running, and I believed he carried a weapon concealed on his person. It was consistent behavior for someone hiding a sawed-off shotgun."

"Couldn't his behavior have been consistent with something else?" Hawk trusted the instincts of the Lieutenant to follow his lead.

"In a dynamic situation such as this, police officers are trained to do everything they can to apprehend the person with minimal force, while protecting themselves, the public, and the suspect as far as humanly possible. Their training teaches them to look at the totality of the circumstances as a guide to their actions. In this instance, there are several elements which, taken as a whole, lead to a reasonable conclusion that this was the suspect in a robbery and shooting.”

"Could you be more specific?"

"Certainly, the suspect fit the physical description broadcast by the dispatcher obtained from multiple witnesses, he ran from the police in spite of our clearly identifying ourselves and ordering him to stop, he held one arm concealed beneath his sweatshirt consistent with someone trying to hide an object, and a sawed-off shotgun could easily be concealed in such a manner. Taking all of that into consideration any officer would believe this to be a dangerous individual and act accordingly."

It was apparent to all the jury was warming to Chris.

"Now, Lieutenant, let me take you to the scene at the church. Josh radioed he was going in the front door after the suspect, correct?"

"Yes, that is correct."

"As a seasoned officer, did anything about his decision to enter the church in this manner seem inappropriate or against normal police procedures?"

"Not at all, as I described earlier, this was a dynamic, dangerous situation. There is never one way to handle such matters. In some circumstances, it may be appropriate to wait for additional manpower, in others, such as this one, the risk to innocent people that may have been inside the church, outweighed the choice to wait. It was common knowledge that the church welcomed parishioners inside during the day. Father Swanson himself was often in the church as well. Sergeant Williams’s decision to enter was reasonable when balanced against that risk."

"Lieutenant, how long have you worked with Sergeant Williams?"

I first worked with Sergeant Williams when he was a rookie patrol officer assigned the midnight to eight shift. I was his direct supervisor. Over the course of time, Sergeant Williams and I worked together many times. Now he is my assistant commander of the Special Investigations Unit. I selected him personally for that position."

"And why was that Lieutenant?"

"Because he is one of the most conscientious, dedicated, honest, determined, and caring officers I have ever worked with. I trust him with my Special Investigations Unit, which was my idea from the beginning, and I have trusted him many times with my life, and would not hesitate to do so again."

Hawk watched the jury as they took in her testimony. The damage done by Collucci forgotten.

"Now Lieutenant, turning your attention to the church, you testified that you heard the shots fired and then entered the church, is that correct?"

"Yes, as I was making my way in the side entrance, I heard the shots and went into the church."

"And as you entered the church, you saw Sergeant Williams, what was he doing?"

"He was performing CPR on Mr. Machado."

"And what did you do?"

"I came over, bent down to assist, and then recognized that Mr. Machado was beyond saving."

"Were you surprised to see Sergeant Williams doing CPR?"

"Actually, I was relieved. Until I entered the church I didn't know if anyone was shot, I was afraid it may have been Sergeant Williams, so I was relieved."

"Once you saw Sergeant Williams was okay, were you surprised he was performing CPR?"

"Not at all, it's what I would have expected from Sergeant Williams."

"Were you surprised Sergeant Williams was doing CPR on a black man?"

"Objection, asked and answered," Collucci argued.

"Your honor, this is a different question than the previous one, race goes to the very heart of this matter. I think it reasonable that Lieutenant Hamlin, through her long association with Sergeant Williams, can answer the question. And it is relevant to one of the very elements of the charge against Sergeant Williams."

"Overruled, you may answer the question, Lieutenant." Rodericks reluctantly ruled.

"I was not surprised at all. Sergeant Williams has never exhibited any racist attitude since I have known him. He'd perform CPR on anyone that needed it, regardless of the color of their skin"

Collucci began to rise, then thought better of it. This Judge was not going to help him at all. He would find another way.

"I have nothing further your honor." Retaking his seat, patting Josh on the back, Hawk smiled at the jury.

Rodericks asked to have the jury taken to lunch.

Once the jury was out of the courtroom, Rodericks could not resist one last shot at Chris. "Lieutenant Hamlin, in my twenty years on the bench I have never been more offended by such evasive, self-serving, insincere testimony by a police officer. I will be contacting the Department of the Attorney General to look into this matter on the state level, and should they find anything unlawful I will have the Justice Department review this testimony as well."

Chris knew better but could not help herself, "Your Honor, I never lie, not in any courtroom or out in the real world. Frankly, I am offended you would make such a statement from the bench. I would welcome any inquiry from anyone into anything I have ever done as a police officer. If such an inquiry takes place, and the results come back that I did nothing unlawful, I would hope you'd be as quick to apologize." Standing slowly she walked toward the defense table, put her hand on Josh's shoulder as she passed by, and walked out of the courtroom.