Collision Course (A Josh Williams Novel) (37 page)

"Your honor, the witness is not entitled to give a speech. I asked a yes or no question. He wanted to provide excuses. That is not allowed." Collucci argued.

"Overruled, it was a yes or no question. The witness answered. Sergeant Williams, if you cannot answer a yes or no say so and the Court will assist you, is that clear?"

"Yes, sir, " Josh answered.

Collucci picked up document and moved in front of the jury again. "Sergeant, what made you decide to enter the church alone? Why not wait for backup?"

"Objection, your Honor," Hawk interrupted, "can we have one question at a time please?"

"Sustained," Rodericks replied, not bothering to look up, "one question at a time Mr. Collucci, please?"

"My apologies to the court” Collucci answered, smiling at the jury. "Sergeant, why did you enter the church alone?"

"There were several factors, Mr. Collucci." Josh replied, looking at each member of the jury, "First, I believed he was a suspect in a double shooting. Second, as you brought out, I didn't know for a fact if Mr. Machado was armed. And third, since I was also unsure he was unarmed, I decided the best course of action was to enter the church." Turning his gaze to Collucci, he continued "I was concerned he might shoot someone else should it turn out he was armed."

Hawk glanced at Symonds, who smiled and mouthed the words, "Big balls"

Collucci turned to gauge the jury's reaction, he could not get a read on them but he suspected he was slowly stripping away the shine of Sergeant Williams. "Now, Sergeant, once you entered the church did you see anyone, besides Mr. Machado?"

"No. I quickly scanned the inside but didn't see anyone. However, it was dark and my eyes hadn't fully adjusted to the reduced lighting. I wasn't certain that no one else was in there."

"Did you see anyone, yes or no?" The frustration rising in his voice.

"Yes."

"You did?" Collucci seemed surprised. "Where was this person?"

"On the altar, trying to hide." Josh answered.

"Aside from Mr. Machado, aside from him. Do not play games with me, Sergeant. You understood the question." Collucci argued.

Hawk began to rise but Rodericks cut him off with a wave of his hand, "Mr. Collucci, ask the question more clearly. I wasn't sure what you were getting at. And do not argue with the witness."

Collucci tried to recover, "Sergeant, other than Mr. Machado, was anyone else in that church?"

"Sir, I do not understand the context of the question. Do you mean did I see anyone then, or did I later learn that someone was in the church?"

Collucci looked at the bench, seeing no sympathy there he said, "As you were in the church did you see anyone else there? Besides Mr. Machado."

"No, sir. I did not."

"You testified it was dark and your eyes hadn't adjusted, correct?"

"Yes, it takes time for the eyes to adjust from bright sunlight to the darker interior."

"You could see Mr. Machado, correct?"

"I already testified to that, yes."

"Yet you would have this court believe you weren't sure anyone else was there, is that correct?"

"I testified I wasn't sure, because I wasn't sure. The altar was lit; the rest of the church was not." Josh replied emphatically. "I could not be sure no one else was in there. I cannot make it any plainer than that."

Hawk looked to Symonds. Symonds leaned over and said, "Let him go, he's holding his own. I cannot believe Collucci is this naive. High school mock trials have better cross."

"Sergeant, if you couldn't tell whether or not anyone else was in there, why did you move closer to Mr. Machado instead of maintaining your position, observing his actions, and waiting for backup?"

Josh looked at the jury, almost incredulous, turning back to the US Attorney, "Mr. Collucci, perhaps I am not explaining myself well enough for you to understand. I moved closer to Mr. Machado precisely because I wasn't sure if anyone else was there. If there was, they could be at risk from a suspect I believed had just shot two people. I wanted to draw his attention to me. I wanted him to see that I was a police officer."

"When did you realize Mr. Machado was a black man?" Collucci asked, changing tactics.

"I realized he was a black man before I learned his name. When I spotted him on Grove Avenue, he looked right at me. I clearly saw he was a black male matching the description of the suspect in the shooting. Right down to the color of his sweatshirt."

"So right from the beginning you chased him because he was black?"

"No, sir!" Josh raised his voice a bit. “I chased him because he fit the description of the suspect in a double shooting. One aspect of his description was that he was black. He ran from the police, another suspicious action. He seemed to be concealing something in his sweatshirt, another suspicious action. It was for all of these reasons I went after him."

Collucci paused a moment, then picked up the cell phone recovered from Machado. "Sergeant, do you recognize this?"

"Yes sir. It is the cell phone Mr. Machado pointed at me." Josh dropped his gaze a bit, and then looked up.

"Well Sergeant, since I am about, what would you say, twenty-five or thirty feet away from you? Yet you have no trouble seeing it for what it was at this distance. How is it you mistook this for a weapon?"

"The conditions were entirely different, darker. The circumstances altogether different, more dynamic." Josh was becoming visibly angry.

"You mean the skin of the person holding this cell phone was darker, and therefore in your mind more of a threat, isn't that true Sergeant?"

Josh knew enough to pause a moment. Taking a deep breath he again turned to look directly at the jury, "The color of Mr. Machado's skin didn't matter to me. At that moment, the only consideration was whether he posed a threat to others or me. I believed he did."

"Sergeant, let me draw you attention to your own earlier testimony. You testified that you said 'stop right there you motherfucker or I will blow that fucking hood off with your black head in it.' Is that not true?" Turning to face Josh directly.

"Yes, that is what I said."

"So, by your own words, the fact that Mr. Machado was black was important enough for you to include that in your threat to kill him, is that not true?"

"That was not a threat to kill him; it was to get him to stop moving, to comply with my commands to give up." Josh was becoming agitated again.

"Did he stop moving?"

"No."

“Did you kill him? Withdrawn,” sensing Hawk rising to object. Collucci moved toward the jury, turning to Josh.

"So you shot him because the black man wouldn't stop moving?"

"No I did not," Josh replied.

"Then why did you shoot an unarmed man?" Collucci was rising to this. He wanted Josh to crumble. This would make great press.

"I didn't." Josh answered.

"Excuse me?" Collucci turned, staring at Josh.

"I didn't." Josh repeated.

Looking over at the jury, he could see the confusion on their faces. "Sergeant Williams, are you testifying here that you didn't shoot Mr. Machado?"

Josh waited a moment, looked at the friendly juror, and then answered, "Sir, you asked me if I shot an unarmed man. At the time I pulled the trigger, after I did everything I could to get Mr. Machado to surrender, I believed he was armed." Pausing to look at his hands, then back to Collucci, "When I shot Mr. Machado I believed he was pointing a weapon at me. I believed he was trying to shoot me. What I learned after didn't alter that fact."

"Sergeant," Collucci said, walking quickly back to the table, "this is what prompted you to execute Mr. Machado!" Holding the cell phone in the air. "This is what that Marine hero threatened you with. Is that what you'd have this jury believe?"

"It is." Josh paused, "He may have been a hero, but I had no way of knowing that."

"Sergeant, you have to admit, that is a pretty flimsy justification for taking a man's life." Collucci replied.

"I am not making excuses. I am telling you what I did and why. I have to live with this decision for the rest of my life. I have to..."

Collucci interrupted, "At least you have that option. You took that away from Mr. Machado just because of the color of his skin. Your rationalizations don't hold water in light of the evidence!” Collucci went back to his seat and sat. "One more thing Sergeant, since you'd have this jury take your word on this. Isn't your testimony here less than credible as your track record demonstrates?"

Josh felt himself starting to rise up. He regained control. Hawk and Symonds were both on their feet, "Objection," Hawk said, "The Prosecutor has gone beyond badgering. This is for all intents and purposes an assault."

"Sustained," Rodericks looked over at the jury, "ladies and Gentlemen you will disregard this last statement by the government. It is stricken from the record. Mr. Collucci are you through, now?"

“Just one more thing, Your Honor. Sergeant Williams. You’ve testified here that you yelled 'stop right there you motherfucker or I will blow that fucking hood off with your black head in it. Is that correct?

“Asked and answered,” Hawk objected. “This is all in the record.”

“If I may, you honor. There is something the jury needs to see that is not in the record. My next question will address that.” Collucci responded.

Rodericks waved his hand for Hawk to sit, “Continue sir, but get to the point.”

“Sergeant, is that what you’ve testified to?”

“Yes.” Josh answered.

“Were you in uniform?” Collucci asked

“No, I was in plainclothes. My badge was displayed on a lanyard around my neck.”

“So, you’re in civilian clothes, pointing a weapon, threatening to kill Mr. Machado, in an area you described as dimly lit. Yet you never identified yourself as a police officer. You never said that did you?”

Josh hesitated, “He knew who I was.”

“He certainly did when you shot him, didn’t he.” Collucci said, “Withdrawn. The government has no further questions, your Honor."

"Mr. Bennett, re-direct?"

Hawk looked at Symonds, "May I have a moment your honor?"

"Yes, of course." Rodericks answered.

Symonds leaned over, "I'd let it go, Collucci made some points but the jury still likes Josh. I'd put the DEA guy on about the dead informant then call it a day."

Hawk rose from his seat, "Your Honor, the defense has no questions for Sergeant Williams. We'd like to call Special Agent John Washington, US Drug Enforcement Administration to the stand."

Rodericks nodded. Josh stepped down and returned to the defense table. As he sat down, Symonds patted him on the back, "You were going to punch him out weren't you?" He whispered.

"I still might." Josh replied.

"After the jury comes back my boy, after the verdict." Symonds said.

Special Agent Washington took the stand. Hawk stood and walked over to the jury.

"Special Agent Washington, I just have a few questions.” Hawk then led the agent through his professional background and current assignment.

"Now Special Agent Washington, are you familiar with a subject by the name of Orlando Bueno?"

"I am." Washington answered.

"Would you tell the court how it is you know this individual?"

"Well sir, knew the individual would be more accurate. Mr. Bueno was a documented cocaine and heroin distributor and the victim of a brutal homicide."

"I see, and did you have occasion to discuss this with the Sergeant Williams and Lieutenant Hamlin?"

"Yes sir, I contacted Lieutenant Williams and all three of us met. Sergeant Williams told me Bueno was been cooperating with the East Providence Police Department and provided information on the Delgado murder case."

"And do you recall the date of this conversation?" Hawk asked.

"I do, it was February 21st, 2005." Washington replied.

"You have a remarkable memory, why do you recall the date?"

"Because it is my wedding anniversary and I would be the victim of a brutal homicide if I forgot it.” Bringing the courtroom to laughter.

"I understand" Hawk said. "So during this conversation you informed Sergeant Williams and Lieutenant Hamlin that Bueno was dead?"

"Yes sir."

"And this conversation took place several days before the start of the Delgado murder trial, which I believe you also testified at. Is that true?"

"Yes sir."

"Thank you, nothing further your Honor.” Hawk sat down.

"Mr. Collucci?" Rodericks raised his eyebrows, looking over his glasses at the US Attorney.

"Nothing for this witness your honor, thank you." Collucci answered.

Rodericks said, "The witness is excused. We will stand in recess until 9:00 AM tomorrow. At that time, I will consider any motions after which we will hear final arguments. Please escort the jury."

"All rise."

Rodericks left the courtroom.