Collision Course (A Josh Williams Novel) (34 page)

"I am not interested in assumptions, only facts Detective. Now isn't it true you inflicted a beating on Ventraglia as soon as the camera was turned off." Collucci looked to the jury for their reaction.

"No," McDaniel answered calmly, "Mr. Ventraglia was handled in accordance with the law. I take that very seriously, sir."

Collucci spun around, "Are you testifying, under oath I might add, that you didn't beat Ventraglia. A man responsible for two murders, a person you have personally arrested numerous times, one you considered responsible for the situation Sergeant Williams finds himself. Is that your testimony, Detective?" Collucci was losing his composure.

McDaniel was not.

"Yes I am," McDaniel sat up and looked at the jury, "my job is to interview and gather evidence. Mr. Ventraglia's statement was sufficient to show his involvement in the robbery and shooting. He tried to spin a tale, but the contradictions and physical evidence say otherwise. I do not beat prisoners to get confessions. There is no need. That's television cops. Here in the real world I talk to them, and they talk to me. Frankly, sir I resent the implication. That's not how good cops work." McDaniel saw half the jury nodding in agreement.

"Nothing further your Honor." Collucci said.

Hawk loved watching the man self-destruct.

Rodericks looked at Hawk. Hawk shook his head. Rodericks said "Detective McDaniel, you are excused. Thank you for your testimony."

McDaniel smiled at the jury, rose from his seat, and walked out of the courtroom, patting Josh on the back as he past him.

Hawk
rose slowly from his seat, moved to stand between the two opposing tables, "the defense calls Sergeant Joshua A. Williams."

There was a slight buzz in the courtroom. Rodericks quickly moved to contain it, "there will be no outbursts in this court. Anyone," looking directly at the three rows of uniformed police officers from several different departments," anyone that violates this will be removed from the courtroom. Please continue, Mr. Bennett."

Josh stood, walked to the stand, and took the oath. Dressed in a dark gray suit, he projected an image of confidence and trustworthiness. The jury, to a person, was looking intently at him. This was what Hawk wanted. Chris told him about the juror she recognized. He would play to that hidden ace. Emotions drive most decisions, use it correctly, and it will overcome almost anything. Even the truth.

Hawk paused a moment to let the jury take their measure of Josh. This is where he earned his money and he was going to make it memorable.

"Josh, or more appropriately Sergeant Williams, would you please tell the jury about your current employment?"

Collucci was on his feet, "Your Honor, in the interest of saving time, the government would consent to having Sergeant Williams’s personnel file submitted as a full exhibit for the jury to review." He was not going to give Hawk any opportunity to Canonize Saint Josh before the jury.

"Your Honor," Hawk began.

"Save it, Mr. Bennett," Rodericks interrupted, "While the court appreciates the government's thoughtful gesture I have no intention of denying or restricting this defendant's opportunity in front of the jury. He may testify as to his experience and position," pausing to look at Collucci, "and we will so mark and submit the personnel file as a full exhibit."

Collucci sat down, glaring at Fleming as she tried, but failed, to conceal a smile.

Hawk looked at Josh, indicating he should continue.

Josh looked at the jury, "As you know, my name is Joshua Williams. I am a member of the East Providence Police Department and have been for ten years. My current rank is Detective Sergeant, assigned as the assistant commander, Special Investigations Unit. I have been in this position for three years."

"Now Sergeant, Chief Brennan testified as to the content of your personnel file. He testified that there were no disciplinary actions against you, is that accurate?"

"Yes, there are always complaints, but none of them were ever substantiated. It goes with the territory; any good cop doing his job will have people complain. I learned a long time ago, from cops like Joe McDaniel, to treat people fairly, no matter the circumstances. It has always worked for me." Josh looked at the jury again; some of them were nodding their heads.

Collucci was on his feet again, "Objection, this is storytelling your honor. Narrative and commentary is not appropriate on direct."

"Overruled," Rodericks quickly replied, "However, Sergeant, please confine your answers to the question asked without editorializing. You may continue, Mr. Bennett."

"Thank you, your Honor. Sergeant, I'd like to turn your attention to March 15, 2006, were you on duty that day?” Picking up a paper then putting it down, Hawk made a quick note.

"Yes. Lieutenant Hamlin and I were returning from court.”

"At what point did you become aware of another incident in the city?"

"As we were coming off the highway onto Warren Avenue, dispatch put out a radio call for shots fired at Kent Farm. I immediately began to head in that direction. Before we got to the intersection of South Broadway and Warren Avenue, Lieutenant Ackerly called in that he was at the location and there was nothing showing. He told dispatch to cancel all but two uniform cars to the scene."

"Then what happened?"

"I turned onto Broadway and headed north to check out information we had on a fugitive. Dispatch put out another call for a shooting at the Cumberland Farms, Taunton Avenue. The dispatcher reported receiving multiple calls on this one. I realized the first call to Kent Farm was a diversion. I turned onto Grove Avenue heading toward the scene." Josh paused a moment, looking at Hawk to see if he should continue.

"Sergeant, how did you know the first call was a diversion?" Hawk asked.

"Experience. It has happened a number of times in my career. Lieutenant Ackerly even asked how many calls they received on the shooting. There was only one. The bad guys think by diverting officers away from the area they will improve their chances to get away. To be honest...”

"Excuse me, your Honor. I didn't hear that, what did he say about honest?" Collucci was going to go big on this.

Rodericks looked at Collucci, "perhaps you should pay closer attention." Looking at the clerk, "would you please read the last response by the witness."

Reviewing the transcript, the clerk read, "Question, Sergeant, how did you know the first call was a diversion? Answer, Experience. It has happened a number of times in my career. Lieutenant Ackerly even asked how many calls they received. There was only one. The bad guys think by diverting officers away from the area they will improve their chances to get away. To be honest." pausing to look at the Judge, "The witness did not finish the answer."

"Are you up to speed now, Mr. Collucci?" Rodericks asked.

"Yes, thank you, the honest part threw me."

"Objection, your Honor, do we really have to tolerate childish editorializing by Mr. Collucci?" Hawk asked.

"Sustained, please approach." Rodericks ordered.

Sliding the microphone away from the bench Rodericks said, "Mr. Collucci, you'll have ample opportunity to impeach this witness. I will not tolerate such tactics during direct by defense counsel. If you cannot contain yourself, I will have you removed and let Ms. Fleming take over. Is that clear?"

"Of course, your Honor. I intend no disrespect; I simply did not hear the answer." Collucci answered, desperately trying to sound sincere.

Hawk laughed, "Oh that certainly makes it all acceptable."

"Enough," Rodericks said, "resume your questioning Mr. Bennett and as for you Mr. Collucci, take my words to heart."

Both lawyers returned to their respective tables.

"Do you recall the question I asked Sergeant?"

"Yes, I heard you perfectly well." Josh answered, watching as some of the jurors caught his sarcasm.

Hawk raised his eyebrow at the response, "Continue with your answer."

"As I was saying, to be honest," staring down at Collucci, "sometimes the tactic works. In this case it didn't."

"Objection, witness is assuming facts not in evidence." Collucci interjected.

"Your honor, if I can get through an entire answer, those facts will be in evidence. This is an experienced officer, he's been through these situations, he can certainly testify to his experience." Hawk challenged.

"Overruled, continue." Rodericks offered no explanation.

"Thank you, your Honor." Hawk, in a parade rest stance, continued. "Now Sergeant, if I recall correctly, you said you turned onto Grove Avenue as you headed to the scene. What happened next?"

Josh turned back to the jury, "Dispatch broadcast a description of a suspect, black male, blue-hooded sweatshirt, armed with a sawed-off shotgun, last seen running toward Six Corners.

As we came down Grove, near John Street, I saw a person that matched that description. As soon as he saw the unmarked car, he turned away, running toward Saint Domenicks."

"Were you certain that this was the suspect?"

"Yes, I was. He matched the description and it appeared to me he held something concealed under his sweatshirt and pants. I believed it was a weapon."

Collucci started to rise, and then reconsidered.
I'll let this play out, he thought, when I am done with him they won't believe anything he's said.

Fleming watched his indecision and wondered if she was missing something. She did not enjoy being in this position but her conscience would not let her allow Collucci's political agenda to thwart justice. She needed to know what he was going to do.

"What did you do?"

"I yelled to Lieutenant Hamlin to call it in and took off on foot after the suspect. He ran around to the front of Saint Domenicks, up the stairs, and in the front center door. I came up the stairs, drew my weapon, called on the portable radio I was entering the church, and asked the responding units to set up a perimeter. I then went in the left side front door. As I..."

"Let me stop you there for a moment," Hawk interrupted, "Please explain to the jury why you decided to enter the church at that point."

Josh looked over at the jury; they were all watching him intently. "I knew this was a very popular church. The doors, unlike some churches, are open during the day for parishioners, and others, to come in.” Pausing a moment, he continued.

“I also know the Pastor of the church very well, Father Swanson. He is often inside the church during the day. I was concerned that someone, perhaps Father Swanson, was in there. I believed this suspect already shot two people and wanted to prevent anyone else from being shot."

"But why not wait for assistance? Wouldn't that make more sense?" Hawk asked, also watching the jury's attention on Josh.

"Under the circumstances, I believed getting inside to assess the situation was a better choice. In these circumstances, the suspect is panicked and not thinking clearly. I wanted to be able to evaluate the situation and keep him off-balance. Most of the responding officers were a few minutes away. Going in made the most sense to me. Protecting anyone inside overcame the risk."

Hawk let the jury digest that for a moment, then continued. "There was a risk to yourself as well, correct?"

Josh replied, "I wasn't concerned about myself, it goes with the job."

Hawk continued, "okay, as you came inside, what happened?"

"I came in low and went to the left, down behind the last pew. I quickly scanned the inside. I didn't see anyone, but it was very dark. I caught movement out of the corner of my eye and saw the suspect crawling behind the altar.”

Clasping his hands together, he continued. “I looked around again to make sure no one else was there, and then moved up the left side of the church until I could see the whole altar."

Josh looked down for a moment, recalling the scene in his mind. "As I gained a better view of the suspect, I could see he was crawling slowly toward the Sacristy."

"For my benefit, the Sacristy is?" Hawk asked.

"It is a room off the altar. The priests and altar boys use it to prepare for Mass." Josh answered.

"Thank you, okay so the suspect is moving what do you do?"

"I put myself behind the lectern on the altar, identified myself as a police officer. I ordered the suspect to stop moving."

"In those words? Sergeant, we are all adults here. I know the rush of adrenaline is coursing through your body. Please tell the jury the exact words you said." Hawk waited for the reaction. Several of the jurors leaned forward.

"Well, I said, stop right there you motherfucker or I will blow that fucking hood off with your black head in it." Josh looked a bit shocked by the words himself.

There wasn't much reaction by the jury, a few side-glances.

Hawk continued. "Sergeant why did you say those words?"

Josh glanced at the jury, back at Hawk, then once again to the jury. "I wanted to get his attention, I wanted him to know I was a police officer, I had my weapon drawn, and I wanted him to comply with my order to stop moving. It is important in these situations to get their attention right away. Using loud commands, sometimes laced with profanity, makes the point emphatically."

"And why did you say quote 'your black head' unquote?"

"Because I wanted there to be no doubt in his mind I was talking to him," Josh answered quickly.

Looking at the jury, Hawk said, "Okay what happened next, did he comply with your command to stop?"

"No, he looked back at me, and then continued to crawl. He was saying something but I could not make it out at first. I could only see one hand, his left hand, and I was concerned he held a weapon in the hand that I couldn't see."

Hawk watched as the juror pointed out by Chris kept nodding. As he did this, he would look to the jurors seated to his left and right and they joined in this silent agreement. Time to go for the hard part. This jury was with him now.

"Okay, now Sergeant, I want to take you through the next few moments step by step. Now you're in position behind the lectern, correct?"

"Yes, sir"

"Using it for cover, right?"

"Yes, trying to minimize the suspect's view of me. I didn't want to give him a clear shot at me."

"Okay, does the suspect keep moving?"

"Well, he moves a bit, but I can see he's struggling, trying to decide what to do...”

"Objection, the witness is testifying as to the intent of someone else, he can't know what was going on in Mr. Machado's mind. It was just as likely he was terrified, lying there, unarmed, with the white cop pointing a weapon at him. Threatening to blow his black head off." Collucci interrupted.