Collision Course (A Josh Williams Novel) (38 page)

Josh glared at Collucci.

Fleming saw the look and motioned for Deputy US Marshall to come over. "Keep an eye on him, Steve. Don't let him near Collucci."

Murray leaned down and whispered, "But he'd be doing us all a favor."

Fleming looked annoyed.

"Okay, okay, just saying." taking a position to block Josh out from Collucci.

Noticing the movement, Symonds came over and took Josh by the arm, "Everybody here would love to see you kick his ass, including Rodericks so he could order you held without bail until the next trial. Let it go."

Josh smiled and pulled away, "I was only going to scare him."

Hawk came along his other side, "Yeah right my boy, and I am taking up celibacy and abstinence. Move on out of here, now. Or I'll show you another, more painful, move."

Josh
left the courtroom, alone. He needed time to think. Going to find her was hopeless. He had gone down too many divergent roads.

He didn’t know how to fix this, or even if it could be. So he wrote Keira a letter and sent it to her office.

He loved her more than his own life, yet acted like an idiot. Why would she forgive him, how could he expect her to?

Keira,

Sometimes, goodbye is all that is left. No matter the depth, no matter the breadth, no matter the sincerity of the desire. Life presents some opportunities that are just mirages of illusions of unattainable desires.

I have come to believe that in many things we are in full control, in some things we have influence, but there is one overarching aspect of life over which we have no control, no input, no say. It is the ocean of our life.

We are merely a ship afloat in this ocean, we direct it to islands, guide it through a storm, rest on deck and enjoy sunset, but life is the ocean, always in ultimate control. It allows our ship to float, to gently ride the calm seas and brave the roiling storms; ultimately, life determines the course.

The ocean teaches us, challenges us, sustains us, and frightens us. Sometimes icebergs, sometimes gentle breezes.

We can fight the wind, tack back and forth resisting its force, continue in the face of insurmountable obstacles, but inevitably, life directs us, and when it suits its whim, forces us in a different direction or reclaims us in the depths.

There is a joy in this. Driven before a storm, we suddenly come upon a gentle wind, a following sea, moments of happiness and contentment, still surrounded by the reality of life. We pass alongside others, share the wind, climb the peaks, and face the troughs, together.

Creating a bond that cannot be broken, knowing no limit of the distance it can bear in separation.

You are my gentle wind.

There are those who resist to the point of damaging their ship, colliding against others, taking both down.

This, I have done.

I have fought against the currents, ruined rudder and rigging, lost my course, damaged the one I care for most.

I will not be responsible for this anymore.

I have taken this ship as far as it will go off course; I am compelled to return to the direction set for me. I wish there were a different compass setting facing me, but it is not to be.

So the ocean turns my ship, sets my heading, and the wind's beginning to rise. Our experiences embedded in my mind, changing me forever, leaving me a better man.

180 degrees away from where I hoped.

Sometimes, goodbye is all that is left.

Josh

"
All
Rise," announced the Deputy Marshall, as the Judge entered the courtroom.

"Good morning" Judge Rodericks mumbled, ignoring the crowded courtroom, taking his seat on the bench.

"Be seated," the Marshall exclaimed, taking a position near the jury entrance.

"Okay, there are a few rules I want clear before we bring in the jury.” Looking first at the government table, Fleming and Collucci, then to the defendant's table with Hawk.

"This is the final phase of this trial. So far, I have not been pleased with much of your conduct here. I have no tolerance left. Consider yourselves forewarned. This is not a political commercial," pausing to glance at the US Attorney, "nor is it a soapbox or crusade" looking to Bennett, "at the moment any of this begins to take on either of those patinas, I will removed the jury and you will be held in contempt. Necessitating your immediate replacement as counsel of record. Is that clear?"

Collucci and Fleming nodded.

Bennett rose from his seat, “If I may, your honor...”

"Mr. Bennett" the Judge interrupted, “for once, just once, can you acknowledge a simple instruction with just an affirmation of your understanding and consent,” shaking his head, “but I know it is too much to hope for. Go on."

"Thank you, your Honor, I have reconsidered. I am fine with your instructions."

Sitting down Hawk looked to Josh and whispered, "Collucci already turned this into a political sideshow, making pronouncements instead of following trial protocols, making public statements, poisoning the jury pool. His Honor's instructions, of which I endorse and concur, are too little, too late, and likely to be ignored by my able brother at the bar." Smiling over at Ms. Fleming, he continued, "The Judge is just going to have to learn to tolerate me. I am not letting the political cocksucker off the hook that easy."

Josh smiled, "My, my Hawk. Is that appropriate language for the US District Court?"

"If there is nothing else, ladies and Gentlemen," the Judge asked, turning to the Marshall, "Bring in the jury"

The jury filed in. They focused on the Judge.

Josh thought of all those talking head analysis of juries about things to look for, signs of a jury's intent. It played on Josh's mind the whole trial. They did not looked at him as they came in. Hawk was not doing his count. Then again, they did not look at Collucci either. Josh did not know what to make of it. He leaned over and whispered to Hawk "they aren't looking at me, is that a bad indication?"

Hawk looked up at the jury, back at Josh, lifted a large binder and dropped it on the desk.

The jury all turned as one.

"They're looking now,” Hawk mumbled out the side of his mouth, shrugging his shoulders, and smiling at the jury, “feel better?"

A moment of silence ensued as the Judge reviewed some notes then, turning to the jury, began to speak.

"Ladies and Gentlemen. The presentation of evidence and witnesses by the government and the defense has concluded. Each side will now have the opportunity to summarize for you their positions on the strengths, and weaknesses, of the case. This is not evidence, and is not to be considered evidence. It is the right of the defendant to have his counsel present their interpretation of the matter before you. The government will have the same opportunity. I ask you to be attentive, respectful, and open-minded about each summary statement. You may give it any value you see fit, but I caution you; it is not evidence.

After both sides have an opportunity to make their summary statement, I will provide further instructions to guide your deliberations. Do not take anything I say, or any ruling I make, during these statements as indication of my favoring one side or the other. It is not for me to judge, in spite of my title," causing laughter among some of the jurors.

“That is for you. I am merely a referee; so to speak, making sure each side has a fair opportunity. As during the trial, any rulings I may make are about the law in this matter, not the merits of the evidence or witnesses. That is your responsibility.

The defense will proceed first. Thank you for your attention this morning and in this whole matter. Mr. Bennett, proceed.”

Hawk rose from his seat, stepped behind Josh, placed his hands on Josh's shoulders, and looked at the jury.

"Ladies and Gentlemen. I have the privilege of representing Sergeant Josh Williams. Sergeant Williams, no," Hawk's voice rising, “No, his name is Josh; you need to think of him as a person, not just a police officer, or defendant, but a human being. This is a man of respect, decency, courage, and integrity. He is not perfect, who among us is? This is a good man.” Stepping around Josh and moving to the podium.

“What the government, your government, my government is trying to do to this good man is a travesty. They have tried to build a case on innuendo, political correctness, racial stereotypes, and emotion. They have subverted the criminal justice system for purposes other than what it was intended, a search for the truth.

They have twisted, perverted, altered and trampled on that noble purpose and now they want you, each of you, to be complicit in that nefarious miscarriage of Justice. Do not let them do that.”

Hawk looked at Collucci and then back at the jury.

“The choice for you is easy,” banging his hand on the lectern.

“Do you know why?” Arms outstretched, palms up, “There is no evidence. Not one single bit of evidence was presented that supports the government's contention that this police officer, this hero, this man who has placed himself in harm’s way for all of us, is guilty of any crime, let alone the charges he has faced in this courtroom.

Mr. Collucci is trying to ride this fairytale to another job!"

"Objection, you honor" Collucci interjected, rising to his feet.

"Back to the point Mr. Bennett," the Judge commanded.

Hawk continued without missing a beat, “the government, represented by Mr. Collucci, has demeaned our justice system. They have shown their disrespect for this court, this defendant, and most importantly, you, the members of this jury.

"The government thinks, by virtue of the fact that they are the government,” his tone rising, walking to the jury, "that you will assist them in this process. They believe by having so-called "experts" in race relations, police profiling, and prejudicial behavior testify, it will conceal from you the lack of hard evidence.

We are all guilty of furthering stereotypes or holding prejudices. How many of you have told, and laughed at, blond jokes, or an Italian joke," looking at Collucci," or even a lawyer joke, well, okay, those are mostly true."

The jury, and most of the courtroom, laughed.

"See,” Hawk continued, "we all hold some aspects of stereotypes within us. It does not control us. It does not make us do things against our own common decency. It certainly does not compel a trained, competent, compassionate, experienced police officer to shoot someone. If that were the case, we'd all be in trouble."

Walking back to the defense table he began shuffling papers, rummaging through his brief case, reading and discarding documents.

"Mr. Bennett, have you lost something?" the Judge asked.

'Sorry, your Honor, I am looking for something." Hawk replied, continuing his search.

"And what would that be, perhaps the court can assist?" the Judge answered.

"It's the evidence, your Honor," turning to the jury, "I am looking for the evidence in this matter, there is none. Well, let me rephrase that. As you all know, Josh was under no obligation to present any evidence in this matter, he was under no obligation to testify before you. I advised him not to. It was not necessary. The government's case was smoke and mirrors. Josh insisted. Josh wanted you to hear from him the truth about what happened that day.”

Turning back to look at Josh he continued "that took extraordinary courage. Josh knew the government would stop at nothing to try to discredit him. However, they could not do it. They made much of some insignificant hearing, some in-artfully posed questions, but they could not show anything other than Josh answering them truthfully.

That is hardly credible evidence of anything. Mr. Collucci will undoubtedly make much of that. He has no choice. It is his whole case.

However, more importantly, Josh answered the most difficult questions the government threw at him. His answers were truthful and complete.

The Government tried to bring out inconsistencies. They failed

The Government tried to get him to change his story. They failed

You know why? The truth is easy to remember, lies are hard. Josh told you the truth. The truth the government tried to hide from you. They failed.

There is one actual piece of evidence, interestingly enough, introduced by the defense, though available to the government, I want you to consider. The prints on the shotgun. The shotgun used to kill two people. Whose prints were on it? Mr. Machado's. He may have tried to right a wrong. He may have reconsidered his involvement in the robbery. His actions with the young clerk may have been heroic. We know he suffered because of his experiences in the Marine Corps. While that is admirable, it is not pertinent to this matter.

Josh was facing an individual who was an accomplice to robbery and murder. Mr. Machado took the risk. Things went bad. He may have prevented one death but his actions leading up to that contributed to the deaths of two others.

Josh told you he tried to get Machado to stop moving. He gave Machado every opportunity to surrender. Father Swanson confirmed this.

During your deliberations, you must put yourself in the mind of Josh. You must see the circumstances leading up to the church through his eyes. You have to base your analysis of Josh's actions by what he knew at the time, what he believed at the time, and what he saw at the time. All the things we know about Mr. Machado, all the information we have about the robbery after the fact does not matter.

It is all about what Josh knew at the time and what actions Machado took, in the church, when he knew Josh, a police officer, was ordering him not to move.

He did not comply.

His actions were consistent with an armed individual trying to escape. Keep in mind the shotgun fingerprints, he was, at some point armed and a willing participant in a robbery.

His movements were consistent with his being an imminent threat to Josh and others."

Walking to the table, he reached into his briefcase, retrieved an item, turning quickly, he raised his hand, pointed it at the jury, then put it in his pocket.

"What did I just point at you?" he asked the jury, "how many of you can tell me what that object was?"

The jurors looked at each other, then to the Judge.

"You do not need to answer that." The Judge responded, "Mr. Bennett, to your point please"

Hawk nodded "My point is, that here in this courtroom, in full light, in a controlled, safe, nonthreatening environment, given a moment to look at an item pointed at you from a few feet away, I venture to say all of you have doubts as to what you saw in my hand".

Hawk paused, looking each juror in the eyes.

"Now, put yourselves in Josh's position, chasing a man he believed to have shot two people, one who was refusing to comply with his orders" slipping his hand back into his jacket pocket Hawk lifted his arm, flipped open his cell phone, and pointed it at the jurors.

Several of the jurors jumped.

"Gun, or no gun?" he asked, closing the phone

"Objection, your honor" Collucci rose to his feet, “this is supposed to be summary not show and tell."

"Overruled" the Judge replied, "I'll extend Mr. Bennett the benefit that this will be the sole demonstration."

"It is your Honor, merely trying to illustrate the point." Hawk replied.

Turning back to the jury, Hawk continued, "Now to the point of racial bias or prejudice as motivation for Josh's action. There is no motivation other than an officer facing a horrible situation, making decisions based on what he knew, and the actions of a suspect refusing to comply.

Josh acted as his training, experience, and facts available at the time warranted, not by any prejudice or ill intent.”

Hawk looked at Collucci.

“This case is not about racial prejudice; this case is solely about political gain. Ask yourselves these questions. Is every interaction between a person of color and the police racially motivated? Does that make sense?

The government is trying to turn a tragic incident into an intentional racial one. It failed.”

Moving to the podium again, Hawk lifted the trial transcript.

“Josh was very clear in his testimony that his actions were based on Mr. Machado’s failure to comply with his commands to stop. Read this testimony again if you need to. I know you’ll concur.”

Hawk looked at each member of the jury, shaking his head slowly. “Stop. So simple. All he needed to do was stop moving, and none of this would be necessary.”

He looked at Collucci.

“You will also recall Mr. Collucci spent a great deal of time trying to get a different answer during cross-examination. He tried to elicit some racial bias in Josh’s actions that day. He failed. So much so the Judge stopped him."