Collision Course (A Josh Williams Novel) (32 page)

"
Okay
Mr. Bennett, proceed." Rodericks began shuffling papers, looking them over, ignoring Hawk.

"You honor, the defendant moves for a directed verdict. The government failed to prove their case; they have not even managed to establish that a crime was committed. All the government has produced is conjecture and innuendo by so-called experts with a specific agenda, namely enhancing their own reputation.

The only thing clear here is that an unfortunate incident took place and a young man killed. Not an innocent young man, a young man who was directly and intentionally involved in a robbery leading to two deaths at the store, and his own death several moments later.

The evidence shows that Mr. Machado was not only involved in the crime, but that he held the murder weapon. A fact, let me remind the court, which the government tried to conceal.

That is all the government has managed to establish.

We would have stipulated to all of that in the beginning. They demonstrated no evidence of any crime committed by the defendant to support allowing this case to go to a jury. There is no established pattern of behavior by Sergeant Williams that shows him motivated by prejudice toward blacks. There is no clear and convincing actions by Sergeant Williams showing a callous indifference to blacks. There is nothing here.

The case law is clear, in the absence of any evidence of criminal action or intent by the defendant, a directed verdict is required. To send this case to the jury would be a travesty. The defendant moves for a directed verdict of acquittal. Thank you, your honor."

Hawk paused to look at Fleming, then Collucci, shaking his head he rejoined Josh at the defense table.

Collucci stood and walked to the gap between the defense and government tables, "Your honor, there must be some sort of a void in the sound between this table," gesturing to where Fleming was seated, "and this one," pointing to Hawk and Josh. "Mr. Bennett either did not hear, did not listen, or did not understand the significant amount of evidence submitted by the government in support of this charge. I submit that there is overwhelming proof that this defendant shot and killed an innocent man simply because he was black."

Walking to stand in front of the jury box, he continued. "Even if the government were to concede much of what Mr. Bennett contends, which we don't, but for arguments sake, the incontrovertible evidence of a dead, young, albeit troubled, combat hero, who was unarmed, shot by the defendant while he flagrantly disregarded normal police procedures, is enough for the jury to render a verdict of guilty.

Mr. Bennett too easily dismisses the expert testimony.

It is powerful, compelling, and on point.

There was no legitimate reason for Williams to enter that church and execute that man. In the absence of a legitimate reason, we are left with an illegitimate reason, a criminal one in this case. A police officer, acting under the color of law, intentionally depriving Mr. Machado of his civil rights.

Moreover, he did this for no other reason than the color of Mr. Machado's skin.

For that reason, we would ask that this court deny the motion and the matter allowed to proceed, ultimately to a jury. Thank you."

Rodericks looked up from his note taking, "Thank you Mr. Bennett, Mr. Collucci. I will take this matter to chambers and rule at 2:00 PM when court resumes, we stand adjourned until then." Banging the gavel, leaving the bench.

Hawk began gathering papers, Josh helping. Collucci walked over, hands raised as in surrender, "hear me out, no need to get angry, just trying to do my job."

Hawk turned to face him, "What?"

"Suppose I amend the charge to civil rights violation, no jail, he'd have to resign from the department but that's much better than fifteen years of protective custody. Just wanted to put it out there. I am not unreasonable."

Josh started to come around Hawk, who blocked the move and stepped in front him. "Mr. Collucci, the very idea that you would make such an offer to a person you know full well is innocent speaks volumes about your integrity. You bring this bullshit case, tear apart this good officer's life, and now want him to go along in some face saving act for you. I tell you what you are a piece of work."

Looking over at Fleming standing behind Collucci, "How do you go to work every morning knowing this is the caliber of people running that office?" Shaking his head and turning away.

"Come on Josh, let's get out of here before some of whatever the hell is wrong with this guy infects us," pushing Collucci aside, Hawk winked at Fleming, and walked out of the court.

Hawk and Josh stood outside the courthouse talking to Chief Brennan. Chris came over to join the conversation. The Channel 12 reporter spotted the group and came over.

John Peterson was the quintessential reporter. Starting out in print media out of college, he recognized the warning signs. Even though he was not the young flashy type, his cool demeanor, handsome face, and slightly graying hair gave him a quality that people trusted and, more importantly, would open up to.

"Chief Brennan, I wonder if I might have a word," smiling at Josh and Hawk. "I know better than to bother with you two, although maybe Lieutenant Hamlin would also join us?"

"No thanks, John, after the trial perhaps." Chris replied.

"John, I'd be happy to talk to you." Brennan said and walked over to the camera operator.

"Do we want to hear this?" Hawk asked.

"Probably not, plus they'd cut over to get us in the background, let's head in." Josh suggested.

As the trio walked behind the camera operator, they caught part of Brennan's statement, "...and I will tell you this, I am damn proud of all of the members of my department, but none more than Sergeant Williams and Lieutenant Hamlin. I do not think anyone, let alone a Federal Judge, should stick his nose into things when he does not have the whole story. I have a good mind...."

Hawk pulled Josh and Chris in close and said "It's a good goddamn thing ole Useless won't hear this until after the Chief testifies."

"I think it'd be funny,” Chris said, "Our old Buford versus Useless, my money's on Brennan."

"How about we get through his testimony first, then he can have his feud with the federal Judiciary." Hawk replied.

Chris laughed, "Okay, but I'd still love to see someone jam it up the old coot’s ass."

"Who's," Josh asked, "Useless or Hawks?"

"Very funny, two comedians, remember there is the matter of the trial." Hawk started to lead the way into the courtroom, “Where are you going, Lieutenant?”

“I’ll just sit in the back. He won’t see me there.”

“I don’t think so. You go run along and keep up your end of the bargain. Stay away from this, Chris. Please.”

Rodericks
took the bench and wasted no time. He removed his glasses, rubbed his eyes, and then said, "The motion for directed verdict is denied, as soon as the jury is brought in, the defense will call its first witness."

Looking toward Hawk, "your objection is noted for the record and preserved should there be a need for an appeal." Turning his gaze to Collucci. Rodericks just could not help himself.

Once again, the jury paraded in, this time it was clear several were looking at Josh and smiling.

Hawk rose as if nothing transpired, "Your honor, the defense waived its right to an opening statement at the beginning of the trial, reserving it for this moment. I have decided that an opening is unnecessary. The defense calls Chief Winston Franklin Brennan.

Chief Brennan, wearing his full dress uniform, came into the courtroom. His mere physical presence captivating the jury and spectators. As he walked to the witness stand, he made a point of looking at Rodericks the whole way. He then turned and faced the clerk as she administered the oath.

Taking his seat in the witness box, he could almost look the Judge in the eye. Rodericks tried to ignore him.

"Good afternoon, Chief, for the record would you state your name and position?"

"Certainly, my name is Winston Franklin Brennan; I am the Chief of Police for the East Providence Police Department. I have been a member of the department for thirty-six years, the last twelve as Chief."

"Thank you Chief, were you also in the service?"

"I was, I served six years in the United States Marine Corps," smiling toward the jury and adding, "Semper Fi"

"Yes thank you for that, now sir, in your capacity as Chief do you have occasion to review the service records of the officers that serve under you?"

"I do, I make it a habit to review each officer's file annually, time permitting."

Hawk retrieved a file from the table, showed it to Collucci, and then turned to Rodericks, "Your Honor, may I approach?"

Rodericks nodded.

"Chief can you identify this file?"

"Yes, it is the standard personnel folder we use in the police department. This one is Sergeant Williams's file," looking at Josh, nodding slightly.

"The defense moves to have this exhibit marked as Defense A in full."

"No objection," Fleming said, Collucci seemingly engrossed in the file. Fleming was constantly amazed at his arrogance; he did not even bother to read the file beforehand. She did. This was not going to be helpful for the case, for that she took some satisfaction.

"Chief, would you read the section of the file where Sergeant Williams has been disciplined?"

Brennan looked confused at first, and then the light went on, "Sergeant Williams has never been disciplined for anything."

"Well, Chief that's a rather thick file, are there any letters of reprimand?"

"No"

"Letters of complaint?"

"No"

"Well then can you tell us what the file contains?"

"It contains standard family contact information, training records, firearms qualification scores, promotion letters, and a number of departmental and external commendations."

"How many commendations?"

Brennan was in the game now. He counted the pages, individually, and announced, "There are twenty-eight departmental commendations, including one for the Medal of Heroism, the highest award given by the department.

There are eleven commendations from outside agencies, including the Rhode Island State Police, FBI, DEA, ATF, and Royal Canadian Mounted Police.

There are two commendations from the United States Attorney's Office in Rhode Island, one signed by William Strain, who went on to be Governor, and one by Mr. Robert Collucci, the current US Attorney, for outstanding support of the United States Department of Justice," watching as Collucci heard his name, looked at Fleming, trying to figure out why.

"Chief, you mentioned a Medal of Heroism; can you read a portion of that commendation?"

"I'd be happy to,” shuffling to find the document, "Detective Sergeant Joshua A. Williams is awarded the Medal of Heroism for actions above and beyond the call of duty. On the night of July 29, 2005, Sergeant Williams responded to a reported house fire. Upon arrival, neighbors reported a small child on the second floor of the residence. Sergeant Williams, at great personnel risk, entered the building, located the child, age 4, as well as an unconscious female, later determined to be the mother, on the floor in a rear bedroom.

Sergeant Williams picked up the unconscious woman and young child taking them to safety.

Sergeant Williams exhibited the highest example of courage and selflessness, risking his life to safe innocent people. His actions are in the best tradition of the East Providence Police Department."

"Thank you, Chief. One more thing, is there anything in that file regarding a complaint against Sergeant Williams for conduct of a racist or prejudicial manner?"

"Nothing, not one thing. I will add that I do not tolerate that behavior on my department. We have done a great deal to combat those attitudes. Sergeant Williams has never engaged in such behavior."

"Chief, what is the normal departmental procedure for an officer involved shooting?"

"Well, first we make sure the officer receives any necessary assistance in dealing with the situation; it is always difficult to take a human life regardless of the circumstances.

He or she is immediately placed on administrative duties while the matter is investigated. Since I have been Chief, we always ask for assistance from the Rhode Island State Police to insure impartiality. The result of the investigation then submitted to the Attorney General for review. Typically, the matter is placed before a statewide grand jury."

"How many times has this happened under your command?"

"Thankfully only three times, including this one, in each of the two prior cases it followed the track I just described."

"Chief are you aware of any other case taken over by the US Attorney's Office?"

"Objection," Collucci jumped from his seat. "Any other cases, where, the state, New England, nationwide? There needs to context here, although I fail to see the relevance."

"Your Honor, I am merely demonstrating how these matter are normally handled. Chief Brennan can certainly testify to that. I will rephrase the question to put it more in context." Hawk argued.

"Overruled, rephrase the question and the witness can answer." Rodericks ruled.

"Chief, in your experience in the State of Rhode Island, are you aware of any other cases of an officer involved shooting taken over by the US Attorney's Office?"

Brennan directed his gaze to Collucci, "No sir. As a matter of fact, I spoke to every Chief in the state and the Superintendent of the Rhode Island State Police; no one could recall any such action by the US Attorney."

"Now Chief, are you familiar with the Rhode Island Police Officers' Bill of Rights?"

"Yes, of course."

"And is it true that the law says an officer 'charged with a felony may be suspended, without pay, at the discretion of the Chief of Police?"

"Yes that is true." Brennan was now sitting straight up, he knew where this was going, knew how much it irritated the political hacks, and some other Chiefs, but he did not care.

"Did you suspend Sergeant Williams once he was indicted by the Federal Grand jury?"

"No," placing his hands on the railing and looking the jury, "I did not."

"And why is that Chief?" Hawk took a step back bringing him next to Josh.

"Because I have absolute faith in Sergeant Williams, I reviewed the investigation, done by the members of my department, assisted by the Rhode Island State Police, and I found no evidence whatsoever to justify suspending Sergeant Williams. I believe in the concept of innocent until proven guilty, I will never suspend an officer just because it is politically expedient. I stand behind my officers when they are doing their job and acting within the requirements of the law. Sergeant Williams’s actions met that standard."

"Thank you Chief. I have nothing more your Honor."

"Mr. Collucci, do you wish to inquire?" Rodericks asked, looking hopefully that he wouldn't.

"May I have a moment, your Honor?" Collucci replied.

"Of course."

Collucci and Fleming engaged in a brief conversation. Fleming pointing out several of the documents in the file. Collucci nodded, rose, and said, "Your Honor, I have no questions for this witness."

"Very Well, Chief Brennan thank you for your testimony, you are excused."

Brennan rose up, nodded to Rodericks, smiled at the jury, and strode out of the courtroom.

"Your Honor," Hawk said, "I would like to amend my witness list. The original list called for an expert witness to testify, we have decided not to call that witness."

"Very well, Mr. Bennett," Rodericks looked at the computer on his desk, "We will adjourn for the evening. Reconvene at 9:00 AM. Will Sergeant Williams be testifying?"

Several members of the jury leaned forward at this.

"We will be discussing that very subject this evening, your Honor. I have two other witnesses on my list before we get to that point." Hawk smiled, "We will have our decision for you in the morning," allowing the tension to simmer and build slowly.

Hawk knew he would have to shoot Josh to stop him from testifying, but no need for everyone to know that quite yet.