Collision Course (A Josh Williams Novel) (39 page)

Collucci and Fleming jumped simultaneously "Objection!"

"There is no choice but to find Josh not guilty." Hawk continued.

"Approach the bench," the Judge commanded

"Mr. Bennett I warned you,” pointing a finger at Hawk, hand shaking with rage.

"Your honor, this is outrageous. Mr. Bennett has prejudiced the jury beyond repair. I demand you declare..."

"Counselor, nobody demands anything in my court. Mr. Bennett, you will limit your remarks to the facts and evidence before this jury. Do not make this mistake again."

"Your honor, I was pointing out what the jury would see in the record if they asked for it during deliberations. It was about the facts and evidence, or lack thereof, before this court."

"Away, get away from the bench and continue." The Judge dismissed them.

As Collucci stormed back, he could not help but notice a smirk on one of the juror's faces.
We will see about this Bennett, Collucci thought, two can play this game and my turn is coming.

Hawk returned to the front of the defense table and continued as if the interruption never happened.

"Ladies and Gentlemen, ask yourselves this question. If you found yourself in a situation such as Josh did, would your first reaction, after shooting them, be to try to save them? Does that sound like the actions of a person holding a racial prejudice?

The whole basis of the government's case is, according to the so-called experts, white cops cannot help themselves but to act in a prejudicial manner when confronted by a black person.

Therefore, Josh shot Mr. Machado because he was black. However, he then tried to save the life of that same black man.

Does that sound like the actions of a prejudiced white cop?

Recall when I asked each of these 'experts' none could explain the conflicting actions.” Looking at each of the jurors.

"Now, ladies and Gentlemen, we are well aware that Mr. Machado was a combat veteran who came home from the war with horrible physical and psychological damage.

We recognize his service. We also recognize that the good part of him, for a brief, shining moment, rose to the surface as he stopped Ventraglia from killing the young store clerk.

Mr. Machado was a troubled young man. A victim of molestation by a member of the clergy, a difficult childhood, the wounds he suffered in the service of this country, all contributed to serious psychological issues. Mr. Machado found himself back at the scene of his molestation, after witnessing the brutal killing of two people during a robbery he agreed to commit. His actions were irrational and clearly posed a danger.

Nevertheless, do not let your natural feelings of empathy for Mr. Machado cloud the fact of his participation in the robbery. His last words were “I tried to get him to stop.”

Raising his hands clasped together, “He did not say I didn’t do anything. He did not say I don’t have a gun. He said nothing of the sort.” Letting that sink in.

“He may have succeeded in saving the young clerk, but he played a willing part in the robbery, resulting in the deaths of two people.

Remember those were the exact same words Josh said to Lieutenant Hamlin, moments after the shooting, 'I tried to get him to stop." The evidence is clear; Josh did everything in his power to get Mr. Machado to comply with his order to stop moving.

Mr. Machado's own actions caused his death.”

Pausing a moment as his words took hold of the jury.

"Josh did everything in his power to get Mr. Machado to stop. He tried to get him to give up.

When it became evident the Mr. Machado was not going to comply, when it was evident Mr. Machado was a risk to Josh and others, when Machado's actions posed a threat, when there was no other choice, Josh did what we asked him to do. To protect us all.

It is a terrible burden to put on a person. We ask our police officers to do this all the time."

Walking back to stand behind Josh he again put his hands on Josh's shoulders. "Ladies and Gentlemen, the government is now going to try to salvage their case. It would be easier to find the Loch Ness monster. It is not possible. Nevertheless, they will try.

They will try to mask the lack of evidence by fueling the fires of racial inequalities. Do not let them demean or denigrate the history and progress of the civil rights movement for their own political gain. This case is not about race. This is not about prejudice. Do not let the government turn this into something it is not solely for political gain.

Don’t let them turn you into a tool that turns back the clock on racial relations.”

Holding his hands out to the jury, “Don’t let them. It will soon be in your hands to do that.

The commonality of our humanity depends on it.”

Hawk looked at the Judge, then at Collucci, and back at the jury.

“When you adjourn to your deliberations, I want you to remember the things I said, and I want you to remember this man. This good man. Unlike the situation Josh found himself,” pointing at Collucci, “you can make him stop.”

“Find Josh not guilty. Repair the damage done by Mr. Collucci. End this abuse power of by government. That would be justice for everyone.

Thank you for your attention."

Judge Rodericks ordered the jury excused for lunch. As soon as the door to the jury room closed, he exploded.

"Mr. Bennett, in as few words as possible I want you to give me a reason not to hold you in contempt."

"Empathy," Hawk replied without hesitation.

"Empathy? That's the best you can do?"

"Your honor, you said in as few words as possible, I used one."

"If its empathy for your client, I do, if its empathy for you, not so much. You intentionally ignored my instructions. You actions border on contempt. I am struggling for a reason not to hold you as such."

"On my behalf, your honor, I can only say I was trying to provide my client the vigorous defense he is entitled to, without crossing the border. I may have approached that line, but I do not believe I violated the spirit of your instructions.

If I did anything inappropriate, please do not let it adversely affect my client. If you find I am in contempt, so be it. But I implore you to withhold that determination until the trial's conclusion."

Rising quickly to his feet, Collucci interjected, "Your Honor, Mr. Bennett...."

"Sit down" Rodericks ordered

"I want to note for the record...,”Collucci continued.

"Sit down, Mr. Collucci, or the record will reflect you being found in contempt."

Hawk tried to conceal a smile.

"Mr. Bennett, I do not find this amusing, nor do I intend to tolerate this any further." Rising from the bench, "From this point forward if you so much as walk into my courtroom showing even the slightest misunderstanding of my instructions, not only will I jail you for contempt, but I will notify the state disciplinary counsel of your flagrant disregard for proper procedure. Is any of this unclear?" Rodericks glared as he rose, storming off the bench.

"No your honor.” Hawk replied as the door to the Judge's chambers slammed shut.

Outside the courtroom Josh said, "Look, I know you're the expert here, but is pissing off a Federal Judge really a good trial strategy?"

Hawk smiled, "My boy, remember the good Judge's moniker, Useless Rodericks. He got that because he threatens to find every lawyer in contempt. Hasn't done it yet. His efforts are..."

"Useless," Josh finished the sentence, "but still, I am not sure about this."

"Okay, listen, let me sweat the contempt stuff, we have more important things to consider," Hawk said, “Collucci is going to go for the jugular on this. We need to focus. No matter what he says, you have to appear calm, in control, but angry. If I know him, he's about to make you look like a Ku Klux Klan grand Wizard.

The jury likes you. It is going to be a leap for them to believe that about you, but not impossible. They'll look to your reactions, read your emotions."

Hawk, Symonds, and Josh walked over to the alcove off the courtroom.

"I need you to be offended, angry, pissed off. None of this shaking the head nonsense. You have to convey genuine offense at Collucci's words." Hawk said.

"And how do I do that?"

"Do you hate niggers?" Hawk asked.

Symonds looked as shocked as Josh.

"What? What the hell are you talking about?" Josh said, angrily.

"Do you hate those low-life, welfare grubbing, food stamp fed, fat ass, baby making machine, drug dealers? It's a simple question."

Josh glared, "where the fuck do you get off asking me something like that. I have never, ever..."

Hawk smiled. "That's how you do it. You were pissed off at me for saying that. Show the jury that face when Collucci piles on the bullshit. Show genuine revulsion being called something you've never been."

Hawk started to walk away, turned back, and added, "When Collucci starts talking you remember that anger. Show the jury you aren't that man."

Josh just stood shaking his head.

"He's a real piece of work," Symonds said to Josh, looking at Hawk checking out two court stenographers as he walked back to the courtroom, "a genuine fucking piece of work."

While
the jury settled into their seats, Collucci sat at the table reviewing notes.

Hawk leaned over to Symonds and whispered something. Symonds shook his head, smiling, and said, “I suppose at this point you can’t make the Judge anymore pissed off at you than he already is. Even so, why don’t we see if Collucci scores any points before we go nuclear, okay?”

Judge Rodericks looked over at Collucci, “Is the government ready for summation?”

“We are your honor, if I might have a moment?”

“Fine, but please be brief. I’d like to move on quickly.”

Collucci, ignoring the Judge, scribbled on a note pad. After several moments, he rose, returned to his seat, wrote more notes, than rose and addressed the court.

“Your Honor, if it pleases the court, the government is ready to proceed.”

“The Court cannot express its pleasure at this moment, proceed.”

Symonds leaned over to Hawk, “disarm that nuke. The Judge is going to do your dirty work.”

“I’ll be the judge of that, so to speak,” Hawk replied, “I am keeping all my options on the table.”

Collucci walking toward the podium, looked to the jury, and began.

“Ladies and Gentlemen, you have before you a case of troubling magnitude. The government, by compelling and overwhelming evidence, established beyond any reasonable doubt criminal, racially motivated actions by a police officer.” Turning and pointing to Josh, “This police officer, a man sworn to uphold the law, took the law into his own hands. He summarily executed Anthony Machado, a Marine war hero, simply because he was a black man.

I want you to think about that for a moment. Mr. Machado was shot to death because he was a black man.”

Collucci paused, put his hands on the podium and looked at each of the jurors.

“Killed because he was black, by a police officer acting under color of law” Pausing again and shaking his head.

“I know each of us would like to think the days of lynching a man due to the color of his skin are over. However, the evidence in this case shows, sadly, they are not.

First, let us review the testimony of the retired FBI agent, an acknowledged expert in use of force and tactical situations. His clear and incontrovertible testimony was the Sergeant Williams made a series of errors in his handling of the situation.”

Collucci lifted has hand, counting the points.

One, he pursued Mr. Machado into the church without securing adequate backup.

Two, he placed himself in the situation that, if Mr. Machado was armed, caused the deadly confrontation.

Three, Sergeant Williams’s actions created the circumstances wherein he found himself.

It begs the question. Why?

Why would a highly trained, experienced officer do that?

I will tell you why. He decided he was going to shoot Mr. Machado because, if Machado was black, he must be guilty.

It is the logic of the bigot.

A running black man equals guilty.”

Shaking his head, he looked at the jury. “You heard the government’s expert clearly explain the tactical errors, improper procedures, and disregard of accepted police procedures committed by Sergeant Williams.

We know these were not merely errors of judgment.

The evidence shows they were intentional acts by the defendant; resulting in the execution of Anthony Machado.

The testimony of this witness is more than convincing. Your review of this evidence will leave no doubt in your minds. In and of itself, it is enough to convict.”

“But wait,” lifting his hand signaling a stop, “there’s more.”

Collucci smiled at his own attempt at humor.

“The government’s case didn’t end there. We presented another witness, Dr. Kingston.

You will recall Dr. Kingston’s detailing of the comprehensive study he conducted of Police Departments throughout the country.

You will also recall his analysis of the activities of the East Providence Police Department as being consistent with the national trends.

The police show a demonstrable prejudice toward people of color. They act with more scrutiny, more frequent detention, and more frequent searches of black individuals.

His testimony was also clear and convincing. It complimented the testimony of the FBI Agent.

Taken as a whole, the testimony of these two experts proves beyond any reasonable doubt that Sergeant Williams’s actions were in direct conflict with accepted police procedures. Keeping in mind, Sergeant Williams himself acknowledged his training in such matters.

His actions, inasmuch as they went against the proper procedures, were clearly motivated by a prejudice toward people of color. There can be no other explanation.”

Taking a moment to let his words sink in, Collucci looked again at each juror.

“Let me put it another way. When one looks for an explanation, generally speaking, the simplest one is the correct one. In this case, by the process of eliminating any other explanation, the truth is apparent.

There were no mitigating circumstances justifying Sergeant Williams’s entry into the church.

There was conflicting information as to Mr. Machado’s involvement in the robbery.

Sergeant Williams did not report seeing a weapon, shots fired, or even threatened by Machado.

Given the list of circumstances I just described, all of which conceded by Sergeant Williams himself, what we have can only lead to one conclusion.

Sergeant Williams, acting under the color of law, summarily executed Mr. Anthony Machado in clear violation of federal law.

The evidence is voluminous and convincing.

Your responsibility in the matter is clear.

You must find Sergeant Williams guilty of each of the counts against him.”

Collucci looked about the courtroom, stopping to stare at Josh and Hawk, and then turned back to the jury.

“Do not be fooled by the defense in this case. Nothing they did in questioning the government’s witnesses did anything to alter their testimony. Facts are a stubborn thing. Despite the theatrics, they remain.

I have the utmost confidence in the ability of this jury to see through the defense façade. In your deliberations, I know the facts will lead you to the correct verdict. Justice demands it.

Thank you. The government rests.”

Judge Rodericks announced there would be a one-hour recess. When court resumed, he would instruct and charge the jury.

Surprising all involved, Rodericks was back on the bench precisely at the end of the hour. His instructions to the jury, reviewed by the defense and prosecutors, did not sway from the script.

The jury sent to their deliberations, and the waiting began.