Exquisite Justice

by Dennis Carstens

  Margaret slapped his hand and said, “As I recall, you’re not real good at this. What is this on his right shoulder?” she almost whispered as she used the zoom to get a close-up.

  “Looks like the top of a man’s head wearing a baseball cap,” she said. Tennant sat back, took off the glasses, looked up at Marc and asked, “Your mysterious, missing, homeless man?”

  “Yes, if you look closely you can tell that is not Ferguson’s hand holding the gun. In fact, his right arm is pinned against his side. The whole thing happened so fast it took everyone by surprise.”

  “Please, sit down,” Tennant said.

  When they were seated, she asked Marc, “What are you proposing?”

  “Dismissal with prejudice right now.”

  Before Gondeck said anything, Tennant held up a hand to stop him. “I’m not going to do that, at least not yet.

  “All right, let’s think this through,” she continued.

  “Judge, we cannot even be certain it is the same place where the shooting occurred,” Gondeck said.

  “I’ll get to your concerns, Steve. Assume the police had found the gun. Officer Dane would have been put on administrative duty pending an investigation. The question is: would they have found this to be a righteous shooting?”

  “Of course,” Marc quickly said.

  “Steve? Jennifer?”

  “Be honest,” Marc said.

  “Probably,” Gondeck admitted.

  “Let me see it again, please,” Jennifer asked. After carefully examining the photo, she placed it back on Tennant’s desk.

  “I’ve handled these cases,” Jennifer began. “Assuming it is a genuine photo, I believe he would have been exonerated.

  “He’s on crowd control and all of a sudden there’s an angry looking man staring right at him. He looks to be pointing a gun at him. Robert Dane has less than one second to decide what to do. Pull his gun or get shot.

  “He’s an Army Ranger with loads of training and combat experience. He’s a veteran cop. Officer Dane will pull his sidearm and shoot center mass every time. That’s what we’ve trained him to do. Hell, that’s what we pay him to do.”

  “Three times?” Tennant asks.

  “Three times, in my opinion, and I believe the review board would agree, is not excessive. Four or five, maybe, six, probably. Three, no, he’s okay,” Jennifer answered.

  “I’m glad I brought you along,” Gondeck sulkily said.

  “Steve, we’re supposed to be looking for justice here. Not a conviction to notch the scoreboard,” Tennant said.

  “I resent that, Margaret. You know me better than that.”

  “Yes, I do. That’s why I said it,” she replied.

  “Is Mr. Anson here?” Tennant asked.

  “Yes, Judge. He’s in the courtroom being watched by Maddy,” Marc said.

  “Fetch him, please.”

  When Marc and Philo returned, Tennant’s court reporter was setting up his equipment.

  “This is going on the record,” Tennant told them.

  Margaret reminded Philo that he was still under oath and had Marc question him. It barely took ten minutes for Philo to testify that he took the picture, along with many others, and had withheld it until today. He also swore it was not doctored in any way and was taken at the exact same time and place of Reverend Ferguson’s death.

  Gondeck did a short cross, trying to cast Philo in a bad light by hoping to cash in on the photo. He was not successful, especially when he tried to get Philo to say it was altered. Philo stood his ground on that issue.

  Philo was excused and told to wait in the courtroom.

  “How long to get it over to the BCA lab and have it authenticated?” Tennant asked.

  “Since we’re in mid-trial, they’ll give it a priority. Especially if I show the lab geeks a little leg,” Jennifer said, then winked at the judge.

  “Take Maddy with you,” Tennant said.

  “No kidding,” Jennifer said. “For her, they’ll deliver it this afternoon. For me, sometime tomorrow. I’ll take it myself. Where is Philo’s phone? The original?”

  “Gretchen has it,” Marc said. “One of the….”

  “That is Gretchen Stenson,” Jennifer said. “I thought it was her.”

  “Oh, oh,” Marc quietly said to himself.

  “And who is Gretchen Stenson?” Tennant asked.

  “She’s a friend of Tony’s,” Marc quickly said.

  “She’s a high-class, expensive call girl, Judge,” Jennifer said.

  “A friend of Tony’s?” Tennant asked.

  “He’s had a long and, well, colorful career,” Marc said.

  “He certainly has,” Tennant laughed.

  “Okay, get Philo’s phone, get it to the BCA and see what they say. I’m going to send the jury home. I’ll have them back day after tomorrow; Friday morning. We’ll either keep going or dismiss it.”

  “Judge,” Gondeck said, “even if the photo is authentic it is still a question for the jury.”

  “I’ll think about it.”

  When they got back into the courtroom, Arturo was just arriving. Marc took him aside and filled him in on what he had missed.

  Sixty-One

  Judge Tennant had been notified of the result regarding the photo of Ferguson and the gun. It was genuine and not doctored in any way. Marc Kadella also received an email with the lab test report.

  The meeting in Judge Tennant’s office took place at 3:00 P.M. Along with the four lawyers, Felicia Jones, the county attorney, and MPD Chief Marvin Brown were also present.

  “Thank you for coming,” Tennant started off. Instead of being seated at her desk, she was leaning on the front of it without her robes.

  “First of all, and I don’t mean to insult anyone, whatever is said in this room stays in this room. This is a settlement conference and nothing said here can be allowed to get to the jury. Also, I want everyone to speak freely.

  “Marc, why don’t you tell everyone the defense side, so we’re all on the same page.”

  “Sure. Thanks, Judge.”

  Marc stood and said, “You’re all aware that my client, the defendant Officer Robert Dane, has been charged with several counts of homicide for the death of Lionel Ferguson. The fact that Officer Dane, while on duty, shot Ferguson has never been in dispute.

  “Rob has maintained all along that a gun was pointed at him and he believed it was Ferguson who was doing it.

  “He reacted like any trained, licensed law enforcement officer would do. He pulled his sidearm and fired three shots, center mass, into Ferguson and killed him.

  “The gun he swore he saw was never found. Now we know why. We have photographic proof, authenticated by the BCA lab of the State of Minnesota, that a gun was pointed at Officer Dane. But it does appear it was not Ferguson who was pointing it. Have you seen the photo?” he asked, looking at Chief Brown and Felicia Jones. Both answered affirmatively.

  “From the photo, it appears a man was hiding behind Ferguson, who was a very large man. This man reached around Ferguson, pinned Ferguson’s arm down and pointed the gun at Officer Dane, probably for only a second or two, causing Officer Dane to react the way he did. We can only guess that this man’s motive was to induce Rob Dane into shooting Ferguson. Otherwise, the man had multiple opportunities to do it himself.”

  “Thanks, Marc,” Tennant said. “That pretty much sums it up. We’re here to decide what to do. As I see it, there are three options. One, the prosecution can ask the court to dismiss the charges, which I would grant. Two, I could dismiss the charges on my own in the interest of justice. Finally, we can proceed with the trial and let the jury decide.

  “Chief Brown, let me ask you. Knowing what we know now, having seen the photo, do you believe this was a good shooting?”

  “Yes, I have no doubt the review board would have ruled it to be so,” Brown replied.

  “Felicia?” Tennant asked the county attorney.

  “I’m not going to undercut my lawy
ers, Margaret. I have to trust their judgment and have their backs. Steve’s call.”

  “Mr. Gondeck?”

  Before he could answer, Marc interrupted him. “Why don’t we put him on the stand? Let Philo testify about the photo. Steve can object and cross him if he wants to. If you are satisfied, afterwards, you can move for dismissal or I will.”

  “Mr. Gondeck?”

  Gondeck looked at his boss who silently nodded her head.

  “I didn’t get to sleep last night until I realized sending him to prison for this would be a gross miscarriage. Although I do like Marc’s idea, let’s make a record of it and be open about why we’re doing it,” Gondeck said.

  “The city is not going to like it at all,” Chief Brown said. “The race hustlers will raise hell that another unarmed black man was gunned down by a white cop and the system let him get away with it. I don’t care, but I can see it coming.”

  “I’m not sending an innocent man to prison just to placate those who would incite a mob,” Tennant said. “We’ll do it tomorrow, Marc’s way. Can you get him in here?”

  “I’ll send Maddy after him if I have to,” Marc said.

  Tennant laughed and then said, “Anything else?”

  “I’ll contact the mayor and…” Felica Jones started to say.

  “Don’t tell him what’s going on until it’s done. Otherwise, it will be in tomorrow morning’s paper,” Chief Brown said.

  “Okay, I’ll make an appointment to see him personally at ten o’clock tomorrow morning. I’ll tell him and then we can set up a press conference for later. Does anybody else want to be there?”

  When no one spoke up, she added, “Thought not. Cowards.”

  They all laughed, then Marc said he would. Gondeck did also along with Chief Brown, Jennifer Moore and Arturo Mendoza.

  “Strength in numbers. Okay, I’ll let all of you know when the press conference will be and where. Probably across the street on the third floor.”

  When Marc and Arturo exited the elevator on the Second Floor Atrium, Marc made two calls. The first was to a very anxiously awaiting Rob Dane. Of course, Marc had shown him a photo of Ferguson and the gun and told him about today’s meeting. Rob almost melted with relief and gratitude while on the phone. When the call ended, he was sobbing uncontrollably. He managed to collect himself to tell Leah followed by more tears and hugs.

  The next call was to Maddy. She was babysitting Philo at his townhouse. They would meet back at Marc’s office.

  On the way back to his office, Marc called Carvelli with the news. Carvelli told Marc he had serious news as well and would meet at Marc’s office.

  Despite leaving together, by the time Marc parked his car, Arturo was in the lot waiting for him. A moment later, Maddy drove in with Philo.

  “You understand what’s expected of you? No misunderstanding?” Marc asked.

  “Yeah, I got it,” a chastised Philo said. “The testimony, that won’t be a big deal.”

  “I’ll walk you through it just like we practiced it. All you have to do is tell the truth. You do know how to tell the truth. I mean, I know you work for a newspaper but not all of the stories are completely made up, are they?”

  “Very funny,” Philo replied. “This other thing, I’ll have to meet-”

  Maddy came through the conference room door and stopped him in mid-sentence. She had been using Marc’s office to make some phone calls.

  “Okay, it’s all set. Half an hour,” Maddy said.

  “I should stop at home and get a recorder,” Philo replied.

  “I have one in my car, you can use it,” Maddy said.

  “Okay, then let’s go,” Philo said.

  There was a ruckus out in the work area at that moment. Carvelli, who loved to make an entrance here, had arrived and stirred things up. In a good way.

  Carvelli came into the conference room while Maddy and Philo were getting ready to leave.

  “Philo, we’re going to put you up in a hotel tonight. I want to be sure you show up,” Marc told him.

  “I’m not a child. I’ll show up.”

  “And you’re getting a sitter…”

  “Maddy or Gretchen,” Philo said.

  “Ms. Rivers is going to be busy tonight. She has plans,” Marc said.

  “I do?” she asked.

  “Yeah,” Marc said nodding his head back and forth with an expectant look on his face. “You know…”

  The light went on and she said, “Oh, yeah, that’s right, I do. Sorry, Philo.”

  “Can you get Sorenson or one of the guys?”

  “Sure,” Carvelli replied. He looked at Maddy and said, “Call me when you’re done with whatever you’re doing.”

  When Maddy closed the door behind her, Carvelli said, “It’s happening Sunday morning, six A.M.”

  “Get them back in here,” Marc said. “I have an idea.”

  Carvelli went out and brought Maddy and Philo back into the conference room.

  “You want another big scoop?” Marc asked Philo.

  “Sure, always. What do you have?”

  “Can you keep your mouth shut? Keep it to yourself for a couple of days?” Carvelli asked.

  “Because you’re finally cooperating and saving an innocent man’s ass, we’ll toss this to you,” Marc said. He looked at Carvelli and added, “He doesn’t need all of the details, yet.”

  “Okay. There’s a huge federal task force drug bust coming down. It covers Chicago, Minneapolis and the entire Upper Midwest. Over a hundred warrants. That’s all you get for now. I’ll be around Sunday morning. You’ll get it first. There will be a press conference, Monday.”

  “All right! I’ll get together with you on Sunday.”

  “Maybe we’ll get some clients,” Arturo said to Marc.

  “You might. I won’t take these guys,” Marc said.

  “Who are they?”

  “Miniature cartel was working out of here and connected to a gang in Chicago,” Carvelli said.

  Sixty-Two

  “The defense recalls, Philo Anson, your Honor.”

  At the in-chambers settlement the previous afternoon, everyone was sworn to secrecy. None of the attendees violated that promise. Despite that, as if the walls had ears, a rumor swept through the building. Something big was up in the trial of Rob Dane. Every seat was full, another hundred people were milling about in the hall, and a couple thousand were downstairs.

  Philo, having arrived under armed guard, was seated in the front row. He walked up to the witness stand, was reminded by Tennant that he was still under oath and then took the stand. Having spent almost an hour preparing Philo the previous evening, they were as ready as they ever would be.

  Not wanting to waste any time, Marc asked, “Let’s get right to it, shall we, Mr. Anson?”

  “Sure,” he replied, happy to be back in the spotlight.

  A photograph came up on the TV monitors of Lionel Ferguson. There was a stirring in the courtroom. The hand with a gun in it at Ferguson’s side was clearly visible.

  “Mr. Anson, on the screen is a photograph marked for identification as Defense Exhibit Four. Do you recognize it?”

  “Yes, it is a photo I took with my phone.”

  “Explain to the jury what it is.”

  “It is a photo of Reverend Ferguson taken at the time of the shooting. There is an arm pointing a gun at someone-”

  “Objection! Speculation, foundation, the witness cannot know from the photo, who the gun is pointed at,” Gondeck stood and interrupted.

  “I’ll overrule subject to connection.”

  “Who is he pointing the gun at?”

  “Officer Robert Dane.”

  “How do you know that?”

  “By the date and time stamp on the photo and I saw Officer Dane standing at that exact place on the sidewalk after the shooting. It is the precise time and location where Reverend Ferguson was shot.”

  “How did you manage to get this picture?”

  “I was holdi
ng my phone up. I did that quite a lot during the protest and was taking a lot of pictures. I even videotaped sometimes. Basically, I just got lucky.”

  “Is it Ferguson holding the gun?”

  “No. If you look closely, you can see that Ferguson’s right arm is pinned to his side by the arm holding the gun. And behind Ferguson’s right shoulder is what appears to be the top of a baseball cap.”

  “Did you see the man with the gun run away?”

  “No, I was looking at Officer Dane. He was crouched in a shooter’s stance less than ten feet from Ferguson’s body. There was, literally, smoke coming from his gun barrel.”

  “Was Officer Dane standing where the gun in Defense Exhibit Four, the photo of Reverend Ferguson with a gun at his side, had been pointed?”

  “Exactly,” Philo replied.

  “Where have you been? Why have you waited until now to come forward?”

  “I was acting as a journalist and to be honest, a very selfish one. It was eating at me until I could no longer take it. So, I had a friend contact you.”

  “Nothing further, your Honor.”

  Steve Gondeck was tempted to go after him and eviscerate Philo for his behavior. Because the dismissal was planned, he decided to let it go. Marc had created sufficient grounds on the record for the dismissal, a CYA exercise.

  “I have no questions, your Honor,” Gondeck said.

  Then Gondeck stood and said, “At this time, your Honor, because sufficient evidence has been submitted showing the shooting death of Lionel Ferguson was justified by Officer Dane, the state moves to dismiss all charges.”

  Even though the calendar still read October, normally a very pleasant month in Minnesota, the authorities got lucky. During the previous night, a nasty storm system had arrived. The temperature dropped to the low thirties, the wind increased and a mix of rain and snow made for an ugly day. Because of this, the news of the dismissal brought nothing onto the streets in protest. Even outraged protestors have their limits.

  The Friday afternoon press conference at the Mayor’s office was heavily attended. The media, all of the locals and at least a dozen national news sources were in attendance. In addition, almost twenty community leaders, including black and white ones, were invited and in attendance.