Collision Course (A Josh Williams Novel) (33 page)

Bill
Symonds, Josh, and Hawk sat in the office eating pizza. They ordered two large and one small one since Josh insisted on having anchovies.

"How can you eat those things?" Bill asked.

"It ain't pizza without anchovies." taking a swig of Beck's beer.

As Hawk opened one of the beers he said, "Did you take these out of evidence as well?"

"Nope, deducted the expense from your fee."

"Nice, which leaves me enough to buy one more pizza. At this rate I'll be paying you."

Josh tipped his beer and smiled.

"Okay," Hawk settled into his desk and propped up his feet, "which part of Josh's anatomy is Collucci going to try and cut off first, his head or his balls?"

Josh laughed, "I am ready for him, I got this. He isn't going to do anything to me on the stand I can't handle," taking a long drink from his beer, not noticing the look between Symonds and Hawk.

Symonds put his pizza down, walked over, and picked up a file, tapping the outside of the folder repeatedly. "Sergeant Williams, does it say in your report that you cataloged and placed in the evidence safe the six bottles seized during the arrest for the sale of alcohol to a minor, yes or no?"

Josh looked at Hawk, then back at Symonds, "What's this?"

"It's a yes or no question, Sergeant,” looking over at Hawk, "your Honor would you instruct the witness to answer the question please."

Hawk sat up, bang his fist, "Sergeant, you do understand the concept of yes or no, answer the question."

Josh shook his head, "okay, you want to practice, fine. Yes, that is what it says."

Symonds continued, "Does it not say you removed one bottle, packaged it, and delivered it to the Rhode Island State Toxicology Laboratory for analysis, also yes or no?"

"Yes," Josh sat up.
These people think they can rattle me, fine, go for it, I have been playing this game a long time.

"Now Sergeant, is it your testimony that the evidence you produced in the court hearing on that matter was in fact the same evidence you seized at the time of the arrest?"

Josh smiled, gotcha, "No, I did not testify to that."

"Ah, what did you testify to?"

"I was asked if it was the same beer seized that night and I answered yes it was. It was Becks Beer."

"I see," Symonds paused a moment, "was there an evidence tag attached to this same beer?"

"Yes" Josh replied, starting to wonder where this was going.

"And was it the same evidence tag you prepared the night of the arrest and evidence seizure?"

Josh thought to himself, okay, I see this now, not going to work. "It was the same evidence tag, same bag seized. I never said it was the same evidence," his confidence growing.

"Did you alter the tag?"

"No"

"Did you indicate that the evidence contained therein was not the original evidence seized?"

"No, that's not what I was asked." Enjoying this game.

"Is it normal practice to substitute similar items for missing evidence?"

Josh hesitated, Symonds continued

"When did you discover the original evidence was missing?"

"When I received the subpoena, I went to retrieve the evidence out of the locker and found it was misplaced"

"And who has access to this evidence storage area?"

"The members of SIU, the Captain of Detectives, and the Chief of Police."

"Who did you report the missing evidence to? Did you prepare a report, did you notify anyone, Sergeant? How many times have you testified on court with exhibits that were substituted for evidence you lost? Did you drink the evidence, Sergeant, is that what happened? You have such a callous disregard for this, or any court, that you believed you could slide by because of some poorly structured questions that failed to uncover your lying to the court? Is that it Sergeant? "

Josh was staring blankly.

"After admitting here you've lied under oath in the past or, in your version, altered the facts to fit the truth, do you now expect this jury to believe you? Why is that Sergeant? Is lying in a minor case that, at worst, if you told the truth about the missing evidence, might have resulted in a dismissal of charges, perhaps a minor reprimand to your spotless record acceptable? Yet you would have the jury believe you would not lie about something that could put you in jail for a very, very long time? Is that what you want us to believe?” Looking over to Hawk, "I am threw with dis guy."

Josh was rattled.

Symonds opened another beer, walked over, and handed it to Josh. "Look, don't be fooled by Collucci's soft-pedaling this with Lt. Hamlin. It is you he wants to fry in front of the jury. He is going to try to make it so they will doubt anything you say. He will try to cover the lack of evidence by building his case on destroying your credibility. That is what we have to deal with. We need to get this out, take the bite out of it, before Collucci uses it."

Walking back and sitting. "My advice is don't give him the opportunity to do this just to satisfy that ego of yours. If you let him destroy your credibility, the lack of evidence will not matter. All the jury will see is a liar on the stand. A liar who shot a war hero that saved the life of a seventeen year-old girl."

"Josh, listen." Hawk added, "I can tell this jury likes you. Collucci put Chris in the hot seat about this and the jury did not care. They want to hear what you say about things in the church. I can lead them away from letting this affect your credibility. However, you are going to have to listen to us and lose that 'I've been doing this a long time' attitude. You have just lucked out that most lawyers do not prepare properly. For all his arrogance and faults, Collucci knows where his opportunity lies, and it is here, with this. We need to neutralize it."

Josh stood, walked to the window, and looked out on Weybosset Street. "Okay, you made the point. What do I, I mean we, do about it?"

As the discussion continued, Chris Hamlin arrived. Josh looked up at her, searching her eyes. She just shook her head.

Hawk noticed the exchange, "not to be cold my son, replacing is more efficient than repairing."

Chris turned to face Hawk, "You really can be an asshole. You know that?"

"I do, I freely admit it, that’s why my experience is that it is easier to start with a blank sheet, so to speak." Chuckling as they continue to discuss the plan.

"
The
defense calls David Anthony Ventraglia," Hawk's voice resounded through the courtroom.

The door at the side of the courtroom opened. Ventraglia, dressed in a plain white shirt and khaki colored pants, entered the court. The Marshal directed him to the witness stand. Two other marshals, trying to be inconspicuous, took up positions near the exit doors.

"Please raise your right hand," the clerk said.

"Why? I ain't saying shit," came the reply.

Rodericks glared. "Mr. Ventraglia, you should be aware that I can make your time within your present living arrangement even less pleasant. I will not tolerate such language or attitude here. Is that clear?"

"Whatever," Ventraglia replied, slightly raising his right hand.

The oath was administered.

Ventraglia's responded, "I ain't testifying, so everything I say will be true." Looking up and smiling at the judge.

Hawk, watching the jury's reaction to this, thought this is even better than I hoped.

"Would you state your name, Sir?"

"Nope, I ain't stating nothing, I am pleading the fifth." Rising from the seat and heading back toward the exit, "thanks for the day trip but it was a big waste, bye judge."

Rodericks said, "Mr. Ventraglia, you will remain in that seat until such time as the court instructs you otherwise. Now sit down or you will be held in contempt."

Ventraglia sat back down.

"Now," the Judge continued, "Mr. Ventraglia, are you invoking your right not to testify under the Fifth Amendment?"

"Yes, I am," Ventraglia nodded and smiled at the jury, "I know under the Fifth Commandment I don't have to say shit, I mean, sorry, I don't have to say anything."

However, no one on the jury, or in the court, was paying much attention. They were laughing too hard.

Rodericks motioned for the marshals to take Ventraglia back to the holding cell.

As soon as Ventraglia left, Rodericks ordered the jury removed.

"Mr. Bennett, was that really necessary?"

"Your honor, under the best evidence rule, since Mr. Ventraglia will not testify, I intend to call Detective Joseph McDaniel to introduce the video of Mr. Ventraglia's statement regarding Mr. Machado's participation in the robbery."

"Objection, your honor," Collucci said, "It would be hearsay and should not be allowed."

"Well, isn't this an interesting twist, the government objecting to the defense motion for the introduction of a video statement, obtained by the police. They didn't mention this in law school that I recall."

"This would hardly be hearsay. Mr. Ventraglia gave a very detailed statement, against interest, regarding the robbery. It goes to the very essence of this matter. The jury needs to see the whole picture. Sergeant Williams had good reason to put a great deal of weight on the validity of information he received from the dispatcher. Ventraglia's statement merely confirms the basis of the information."

Hawk looked at his notes for a moment.

Collucci stood and interjected, "Your Honor, if I may, Mr. Ventraglia's statement has no bearing on the matter before the court. The defendant in this case knew nothing of the details surrounding the robbery, other than the broadcast by the dispatcher. The government's contention is that information was insufficient to justify Sergeant Williams’s actions; his innate prejudice was the motivating factor. Whether or not Ventraglia's statement is consistent with the information broadcast is immaterial and prejudicial. The jury would be compelled to give information not available to the defendant inordinate probative weight. This matter hinges on what actions the defendant took based on what was available to him at the time he took them. Any subsequent information, learned after the fact, is immaterial and will confuse the jury," Collucci argued.

Rodericks wrote a few notes, looked over to the computer monitor, and said, "I will take an hour to review this matter. We will stand adjourned until 10:00 AM.”

Rodericks
returned promptly at 10:00, catching everyone by surprise.

"The court has considered the arguments in this matter, Detective McDaniel will be allowed to testify about, and introduce, the statement made by Ventraglia." Holding his hand up as Collucci rose to his feet, "subject to the normal standards of evidence and subject to wide latitude in cross-examination," looking over at Bennett. "Call your witness Counselor."

"The defense calls Detective Joseph McDaniel."

The door at the rear of the courtroom opened and Joe McDaniel walked in. Wearing a nicely tailored, dark blue suit, his short gray hair, deep blue eyes, slightly ruddy complexion, glasses hanging around his neck gave him the appearance of a grandfather walking into a school performance. McDaniel spent so many hours in courtrooms he lost count. As he walked to the witness stand, he nodded at Josh, smiled at the jury, turned to face the clerk, and raised his right hand.

"I do," he said in response to the oath and took his seat on the stand. "Good Morning, Your Honor," he added.

Rodericks nodded.

McDaniel knew how to play a courtroom. His calm friendly demeanor always put people, good and bad, at ease. You could not help but like him. Many a bad guy took this nice guy persona as a sign of weakness, vulnerability. Most of them served, or were still serving, long sentences for their mistake. Defense attorneys gave him much respect as well; experience taught them he was not one easily tripped up. If he adjusted the facts to fit the truth, as was all-too-common in the insular world of cops, he did it flawlessly. Experience is a great teacher and McDaniel had decades of it.

"Good Morning Detective McDaniel, would you state your name and occupation for the record?" Hawk began.

"Good morning to you Mr. Bennett," turning to the jury he looked at the first one on the left, top row.

"My name is Joseph McDaniel. I am a Detective with the East Providence Police Department. I have been a member of the department for thirty-seven years," pausing a moment, slight smile crossing his face. "If I recall correctly I was assigned a dinosaur as my first patrol vehicle," causing laughter throughout the court.

Continuing, he said, "I have been assigned as a Detective in the Major Crimes Squad for the past twenty-two years." When he finished he had looked each juror in the eye.

"Thank you Detective, now let me call your attention to the March 15, 2006 were you working that day?"

"I was."

"And did you have occasion to be involved in the robbery-homicide investigation at the Cumberland Farms on Taunton Avenue?"

"Yes sir, I was the lead investigator for this case."

"And, in your capacity as the lead investigator, did you conduct an interview of Mr. David Anthony Ventraglia?"

"Yes, I did. The East Providence Fire Department rescue brought Mr. Ventraglia from the scene to Rhode Island Hospital. He was treated and released to our custody. I and Detective Doyle took him to the East Providence Police station."

"And what did you do once you arrived at the station?"

"We brought Mr. Ventraglia into the interview room. I got him something to eat and a coffee," McDaniel saw the surprise on some of the juror's faces.
TV has created such a skewed version of what we do and how we do it.

McDaniel looked back at Hawk, "After he finished, I read him his rights from the standard rights form. I asked if he understood his rights, and if he wanted to make a statement."

"And what did Mr. Ventraglia do?"

"He told me he knew the form better than I did and signed the form."

"Objection, hearsay." Collucci said.

"It was all recorded on the video. You can see it for yourself." McDaniel said before Hawk could reply.

Rodericks looked at McDaniel, "Detective McDaniel, please do not say anything else after an objection is made until I rule."

"Yes sir, sorry." McDaniel replied, looking to the jury for their reaction. He knew they wanted to see the video now.

"The objection is overruled. Mr. Bennett, why don't we move on?" Rodericks said.

"Gladly your honor." Hawk moved to the table and held up an envelope, "May I approach the witness your honor?"

Rodericks nodded.

As Hawk passed Collucci, he showed him the envelope.

"Now Detective McDaniel, can you identify this item for me?"

"Yes, it is the original DVD recording of the interview I conducted with David Ventraglia. The DVD is in a sealed case with my initials on the seal dated March 15, 2006 with the time 15:45. The case was then placed in the plastic evidence bag, sealed, time and date stamped, and placed in the evidence vault at the East Providence Police station."

"Your Honor, we'd like to have the item marked as a full exhibit."

"No objections," Collucci said.

"So marked," Rodericks ordered

"Now Detective McDaniel, would you please open this item,” Hawk asked.

Removing the DVD from the sealed envelope, McDaniel handed it to Hawk. Hawk handed it to the court clerk and waited for the DVD to play on the screen.

The initial video showed Ventraglia sitting at a table holding a cup of coffee. His head was bandaged and one eye was somewhat swollen. McDaniel appears on camera and sits across from Ventraglia.

The audio portion began "David, my name is Joe McDaniel. We know each other pretty well, don't we?"

Ventraglia just nodded.

"David, I am going to read you your rights from this form,” placing a copy in front of Ventraglia, "would you follow along with me please?"

Ventraglia picked up the paper and listened as McDaniel went through the rights form.

"Now David, do you understand these rights as I've read them to you?"

Ventraglia nodded.

"David, if you would, please say yes or no if you understand these rights." McDaniel smiled, his voice sounding as if he was a schoolteacher helping with homework.

"Yeah, I understand. I know the form better than you do. I know the drill, I want to talk, I don't need a lawyer, I didn't do anything. I didn't know that nigger was gonna rob the place. I never saw the shotgun. He hid it under his jacket when I went to pick him up."

"Okay, David, we'll get to that. I want to hear the whole story but let's make it all nice and legal," handing Ventraglia a pen McDaniel continued, "would you initial each line and then sign and date the bottom for me."

Ventraglia quickly went down the list, signed it, and pushed the form over to McDaniel. "You guys should just keep these on file for me, I always sign them, don't I?"

McDaniel smiled, "Yes David, you are always cooperative with me, I appreciate that." Taking the form and sliding it under his notebook. "Let's start from the beginning, when did you first meet Machado?"

"You mean yesterday, or when I first met him before that?"

"Let me put it this way, how long have you known him?"

"I don't know, awhile. I've just seen him around. We've partied once in a while," Ventraglia kept glancing toward the camera, "but other than that, I don't hang with him, I don't really know him that well."

McDaniel took some quick notes, "Now let's talk about yesterday. When did you meet up with JoJo?"

Ventraglia never missed a beat, painting a beautiful tale of just happening to see Machado outside the complex at twenty-five Gemini Drive, not recognizing him at first, and Machado asking him for a ride to the Cumberland Farms.

"Why were you at Gemini?" McDaniel asked.

Ventraglia hesitated, "Ah, I was just passing by, I go that way sometimes. I have friends that live there."

"Who else do you know lives there?" McDaniel continued

"Just some guys, that's all, people I see around." Ventraglia was starting to fidget.

"Did you know JoJo lived there?"

"Ah, yeah, I think so; I'd been to a few parties there and saw him."

"I see," McDaniel replied, "So you pick him up and take him to Cumberland Farms?"

"Yup"

"How did you drive there?"

Ventraglia looked up, "In my car," smiling at McDaniel.

"Which road did you take?"

"South Broadway, to Broadway to Grosvenor. What other way is there?"

McDaniel made another note, watching Ventraglia's feet moving in a shuffle, back and forth, knees shaking. "Did you go anywhere else before getting to Cumberland Farms?"

Ventraglia looked up at the ceiling, "oh yeah, wait a minute, I just remembered, he asked to go to Rite Aide. I took him there first."

"And you did this why, out of the kindness of your heart?" McDaniel asked.

"Okay, you got me," came the answer, "He offered me some weed, I think he deals but either way he had a couple of bags and offered me some. Call DEA they'll want to take over now." Ventraglia leaned back, folded his arms, and smiled.

"I think DEA has better things to worry about. Now, just so I have this straight. You go to Gemini for no particular reason, see JoJo, a guy you barely know, he asks for a ride to a couple of places, and you drive him, right?"

"For the weed, yup. It saved me the trouble of going downtown to get some later. I had a few bitches coming over to party later. I do that a lot you know. You must have done that back in your day, huh? A few centuries ago?" laughing at his own attempt at humor.

"David, I am so old weed was something I pulled out of the lawns I cut for pocket money," smiling right back.

Ventraglia visibly relaxed. McDaniel had that effect on people.

"Now, when you get to the Cumberland Farms, what happens?"

"JoJo asks me to pull around back, so I do."

"And you didn't find that strange?"

"Nah, I figured he wanted to get in the store and back out quick cuz he was carrying weed. If cops came by they might decide to fuck with him and he could run. If they saw him get in a car, they had better control over him. Your fucking uniforms are always messing with the brothers, you know. It ain't right. You guys are always prospecting people."

"You mean profiling?" McDaniel replied.

"Whatever, just messing with people for no reason."

"Okay, so then what happens?" McDaniel asked.

"I decided I needed cigarettes, so I get out of the car and walk to the front of the store. JoJo is standing there. He says 'Take this', hands me the shotgun, and pushes me in the store. I tried to go back but he pushes the door closed. So I am standing there, like, what the fuck man, what do I do? I look and there's some dude yelling at me. JoJo comes in, takes the shotgun and blasts the guy, and then another guy comes running with a knife and he blasts him. I am like, what the fuck dude? He then sees a girl behind the counter and he jumps on her like he's humping her or something. It was un-fucking-real man. I started to yell at him. He jumps up and clocks me with the shotgun. I went down man, I saw stars. I came to and ran out the door."

Ventraglia paused; his head slumped on his chest. "I just wanted to get out of there."

McDaniel nodded, "Go on, what happened next?"

"I ran to my car, I heard sirens and wanted no part of the cops. I got in the car, fired it up, and jetted out. As I started out of the lot, someone ran in front of the car. I turned the wheel, the car shot forward, and I hit a pole. After that, I don't remember much," pausing a moment, looking at McDaniel "as a matter of fact, I ain't really sure about any of this. They say I have a concussion and that can cause memory loss. I probably have that."

This continued for another thirty-five minutes with Ventraglia continuously changing the story as he remembered new facts. The point made, Machado participated in the robbery. He held the murder weapon, corroborated by the FBI fingerprint report. The jury now possessed a better idea of the 'victim' in this case.

As the video ended, Hawk moved back over to the jury. "Detective McDaniel, after you completed the interview, what did you do?"

"I brought Mr. Ventraglia down to the holding cell to await transportation to the ACI, ah the Adult Correctional Institution, Intake Center. Secured the DVD in the evidence bag and placed it in the evidence holding locker for permanent filing by the BCI detectives." McDaniel replied.

"I have nothing further your honor." Hawk returned to his seat.

"Just a few questions, your Honor," Collucci rose.

"Detective McDaniel, isn't it true that before being transported to the Intake Center, Mr. Ventraglia was taken back to Rhode Island Hospital?"

"Yes, that's true." McDaniel calmly answered.

"Do you know why that was necessary?"

"No, I was not involved in the transport."

"Did you notice anything about Mr. Ventraglia's physical condition when you placed him in the holding cell?"

"Yes, he was bandaged from the injuries suffered in the car accident, one of his eyes were swollen. I assume he was trying to avoid the prison and spend the night at the hospital." McDaniel answered.