After Judge Marshall spoke to the jury about their responsibilities, prosecutor Samuel Spencer stood to begin his argument.
*****
“Your Honor, ladies and gentlemen of the jury. My name is Samuel Spencer, and these are my colleagues, Michael Hall and Stephen Collins. We’re here to present the charges against the defendant, Mr. Rick Cowan. As Judge Marshall has explained to you, Mr. Cowan is charged with the Possession of a Controlled Substance, under the Illinois Controlled Substances Act. In this opening statement, I will provide an overview of what the evidence presented during this trial will show, as nothing I say to you now is considered evidence.
As prosecutors, we represent the State of Illinois. We work in the Narcotics Prosecution Bureau of the State’s Attorney’s Office, and our section is responsible for the prosecution of narcotics cases throughout Cook County. We represent the commitment by the State’s Attorney’s Office to combat the devastating effects of drugs in our communities.
Mr. Cowan is accused of possessing more than five kilograms of cocaine. Our law uses kilograms as a measurement as it’s the international standard for quantifying drug amounts. Five kilograms is equal to a little over eleven pounds. This large amount of cocaine was found in a private, locked room in the Five-Star Gentlemen’s Club, which is owned and managed by the defendant. The five kilograms of cocaine has a street value of more than a hundred and fifty thousand dollars.
Don’t fool yourself and think that because there was no violence this wasn’t a serious crime—it was. Five kilograms of cocaine is off the streets thanks to the hard work of the Chicago Police Department. That amount of drugs had the opportunity to cause pain, real pain, to the people of this city. This crime must have real consequences.
The impact of illegal drugs is far-reaching. Our neighborhoods are troubled by dealers, increased street violence, and the menace of gangs that support themselves with drug money. Here, today, we have the opportunity to break the cycle of poverty and pain caused by illegal narcotics.
When this file first arrived on my desk, I was disappointed. I was disappointed because I realized this crime still happens in our city. In our everyday lives, we rarely see the underbelly of crime that exists. We know it’s there, of course, but we don’t see it first hand.
The Chicago Police Department, led by Operation Take Down detective Henry Holmes, raided the club on the basis of a tip-off at 2pm on October 5th.
Over the coming days, we will present witnesses to you, and they will provide the evidence in this case. You will hear from Detective Holmes personally, detailing the raid, and explaining how the keys to the locked room were found in Mr. Cowan’s pocket. You will see the footage from his body camera, and the footage from other officer’s body cameras during the raid. You will see, with your own eyes, the moment the drugs were discovered.
You will hear from Mr. Cowan’s friend, respected lawyer, Jerry Schultz, about why he provided the tip-off. You will hear from Mr. Cowan’s ex-wife, Ms. Forde, explaining that Mr. Cowan advised her he was about to receive a large delivery of cocaine. You will hear from Mr. Tony Kokkinos, a fellow club owner, who will explain that Mr. Cowan offered him the option to fund the delivery of drugs. You will hear from expert witnesses who will explain the type of drugs found.
There is no doubt the drugs were found in a locked room of Mr. Cowan’s strip club. We have that evidence on video footage.
The defense will try and explain the drugs were not in Mr. Cowan’s physical possession and he had no knowledge of the drugs. That’s not true. Constructive possession means the drugs were not directly on the person, however, the person had the ability to control the substance.
These charges require the reasonable control of the substance. Mr. Cowan clearly had that.
Mr. Cowan does not have the right to destroy other people’s lives. He does not have the right to have that amount of drugs in his possession. He does not have the right to destroy our communities.
This was an inexcusable crime, and it deserves to be severely punished.
At the end of this case, I will address you again and ask you to consider all the evidence we have presented and to conclude beyond a reasonable doubt that Mr. Rick Cowan is guilty.
Thank you for your time.”
*****
During the opening statement, juror number five stared at Cowan for the entire time, not taking his eyes off him once. The majority of the other jurors studied Cowan, judging his demeanor to check if he looked capable of bringing in that amount of drugs. Two of them already appeared to mark him as guilty, shaking their heads any time his name was mentioned.
Prosecutor Spencer needed straight jury members, the type that had never puffed a joint in college. For the most part, he got his wish. During the voir dire, the juror selection process, he researched the potential candidates, dismissing anyone who looked like they had experimented with drugs and anyone who might sympathize with the club owner.
When juror five answered questions for his selection, Spencer couldn’t have been happier. Juror five was a manager of a retail store, a dedicated family man, and most importantly, an active member of his church community. He was strong in his beliefs, strong in his voice, and held himself to high standards. He was sure to be a leader in the deliberation room.
Reaching the leaders on the jury was as important as the evidence—a loud voice, a strong character, and a forceful opinion in the jury room could do so much more than a lawyer ever could.
Hunter was equally glad juror ten was there—at first glance, she appeared as a hard-working single mother in her mid-forties. But with a little digging, Hunter found that she was also an active member of a roller-derby team, and had a past as an equal rights protestor. She was a rebel, a woman who almost certainly took drugs in her youth, and had an opinion as strong as a brick wall.
With two leaders on the panel, likely to be on opposite sides, it was sure to be a long debate in the jury room.
As soon as Spencer finished his opening statement, Tex Hunter stood, folder in one hand, ready to deliver his opening. Spencer sat down, and Hunter moved to the lectern, opening his folder, his actions exaggerated to gain the attention of the jury. He moved quickly because he didn’t want to give the jury the chance to think, a chance to ponder the ideas thrown up by the prosecution.
As soon as Judge Marshall invited him to begin, Hunter started immediately.
*****
“Ladies and gentlemen of the jury, Your Honor, my name is Tex Hunter. I’m a criminal defense attorney, and I’m here to represent the defendant, Mr. Rick Cowan.
There’s a saying amongst pilots that states if there is any reasonable doubt, then there’s no doubt.
If you, as a pilot, have any reasonable doubt whether you’ll make it from point A to point B, then there is no doubt. If there’s any reasonable doubt if you can complete the journey, then you don’t fly the plane. It’s that simple.
If there’s any reasonable doubt, then there’s no doubt.
A court case is the same—if you come to the end of this trial with any reasonable doubt, any reasonable uncertainty, then there is no doubt. No doubt.
You must find the defendant not guilty.
In the State of Illinois, it’s only a crime to knowingly possess a controlled substance. A person cannot be convicted if they were not aware of drugs being present on their person or within their control. The Illinois Controlled Substances Act defines knowledge to mean acting intentionally and willfully.
The prosecution must prove Mr. Cowan had knowledge of the drugs. If they don’t prove this through the evidence presented, then you cannot convict the defendant.
Our criminal court system is based on the adversary system where opposing parties present evidence and challenge the validity of the other party’s claims. We do this because our system rests on the assumption that such an adversarial process is most likely to determine an accurate result. As such, you will hear the defense team analyze the prosecution witness’s
claims and question their validity. This isn’t because we want to destroy a person’s reputation or attack a person individually—it’s because we are working towards an accurate, reasonable, and fair result in this case.
In the process of this court case, your role as a juror is to make decisions based on the evidence, or lack thereof. In making your determination at the end of this case, the only evidence that can be considered is the evidence which has been presented during the trial.
You cannot use the defendant’s career choices, his business decisions, the way he looks, your gut feeling, or a general vibe to form a decision.
You must only use the evidence presented at this trial.
And in making your decision, you must be unbiased. You must be impartial. And above all else, you must be fair.
Mr. Rick Cowan had no knowledge of any drugs in his club. I’ll repeat that for you so it is clear—Mr. Cowan had no knowledge of any drugs in his club.
The room where the drugs were found was used by various staff members to store items. Mr. Cowan did not keep a record of who used the room at all times, however he did lend the key to numerous staff members in the week preceding the raid. When the raid occurred, Mr. Cowan was not even near the room. He was in his office, on the opposite side of the club, talking to his clients.
Mr. Cowan was not aware the drugs were in the club.
Right now, Mr. Cowan is innocent. That’s our starting point and the prosecution must prove beyond a reasonable doubt that Mr. Cowan had possession and knowledge of the drugs. They must present evidence that convinces you beyond a reasonable doubt.
They won’t be able to, of course.
When this case is drawing to a close, I will stand before you again and point out the ways in which the prosecution has failed to present enough evidence. At that point, you will use your common sense to make a decision. You are the pilots on this flight, and you must remember that if there’s any reasonable doubt, then there’s no doubt.
Your decision will be not guilty.
Thank you for your service to our great justice system.”
Chapter 22
When the first witness walked to the stand, Hunter was reviewing the pages of notes he had on the table before him. He had opened well, but the make-up of the jury fell in the prosecution’s favor. Harder than anything else, Hunter had to manage his own bias throughout the trial—he hated losing, hated being beaten in court, but he also hated defending the likes of Rick Cowan. There was no doubt Cowan used the system to his advantage, no doubt he was a criminal, but Hunter was there to do a job. And the promise of his father’s file kept him going.
Detective Holmes walked to the stand as a proud man—his solid chest was puffed out, his shoulders were pulled back, and his chin was held high. He wore a suit with a tie, shiny black shoes, and a gold watch. He’d walked to the stand many times over the past forty-five years in the force, he knew the drill, but it was still one of the least liked aspects of his job. He would rather bust into a room full of felons with guns, than face lawyers with sharp minds.
Holmes had a long history of trying to please his superiors. Never the smartest in the room, never the quickest, nor the hardest working, he knew his way to get ahead was to polish the shoes of those above him. In his decades in the Chicago PD, that was certainly true. He’d worked his way through the ranks, pleasing the right people at the right times, producing the right arrests when needed, and doing what he was asked without question. He’d arrested the right people, he’d let the right people go, and he’d made sure the evidence always matched his task. He’d struck deals with felons, negotiated with prisoners, and exchanged information with offenders. He did what he had to do.
Samuel Spencer, flanked by equally as arrogant junior lawyers, typed into his laptop, read over the lines and lines of notes, and then greeted his first witness.
“Detective Holmes, thank you for taking the time from your busy schedule.” Spencer opened, although he didn’t lift his eyes from the computer in front of him. “Can you please tell the court your profession, and your connection to this case?”
“My name is Detective Henry Holmes and I’ve been proudly employed by the Chicago Police Department for the past forty-five years. I’m retiring next year. Currently, I’m a lead detective within a drug task force that’s focused on reducing the criminal drug trade within Chicago. It’s a great honor to be allowed to help society through such actions.” Holmes checked his blue tie. “And I was the lead detective on the investigation, raid, and subsequent arrest of Mr. Rick Cowan that occurred on October 5th.”
“Detective Holmes, have you previously led raids into premises for the purpose of drug possession? Are you experienced in leading this sort of action?”
“Over the past five years in the drug task force, I’ve led many raids into homes and businesses within Chicago. Every raid I’ve led has resulted in arrests for drug possession, or other drug related charges.”
“Can you please explain to the court why you made the bust on the Five-Star Gentlemen’s Club on the afternoon of October 5th?”
“We’d received a tip-off from a reliable source that Mr. Cowan was about to take possession of a large quantity of drugs. We investigated the tip-off, found the information was credible, and then proceeded to monitor the premises for the delivery of the drugs.”
“Did you know where the drugs were coming from?”
“We’d been told it was an interstate shipment. We weren’t aware of how it was entering the state. What we knew was the shipment was being delivered to Mr. Cowan’s club in the back of a delivery van on the day of October 5th.”
“And what made you think this tip-off was legitimate?”
“The information provided was all confirmed to be correct. We trusted the tip-off because it came from a source close to Mr. Cowan, and the person had provided information to us previously, which also proved to be correct. We had no reason to doubt it.”
Spencer typed into his laptop computer again. “Detective Holmes, do you have a transcript of this tip-off?”
“No, we don’t.”
“And why is that?”
“The tip-off came via a private call, directly to my cell phone.”
“And who made the tip-off?”
“Mr. Jerry Schultz. He’s connected to Rick Cowan through their friendship and business interests. Mr. Cowan had let him know he was receiving a large quantity of drugs.”
“Did you arrest Mr. Cowan at the time of the raid?”
“We did. I was the one who placed handcuffs on him and read him his rights.”
“Did you find anything on Mr. Cowan?”
“We found his phone in one pocket, and a set of keys in the other pocket. Mr. Cowan admitted that one of the keys was used for the private room where the drugs were found. I asked Mr. Cowan directly if anyone else had access to the room, and he replied that there was only one key to the room.”
“Detective Holmes, can you take us through the details of what happened the day of the raid?”
For the next five hours, Holmes detailed the steps the task-force took to ensure the Five-Star was monitored and covered for the delivery of the drugs. He detailed how many people were working on the case, what steps they took to enter the club after the delivery, and how the arrest was made on Mr. Cowan. They ran footage from Holmes’ body-cam on the court monitor, and the jury watched with intent, captivated by the footage of the raid. It was reality television at its realest.
Hunter struggled to maintain focus during most of the testimony, his mind elsewhere, distracted by the options that lay before him.
“Mr. Hunter?” Judge Marshall broke Hunter’s thoughts. “Would you actually like to question this witness?”
“Yes, Your Honor.” Hunter nodded, and flicked open his notepad. He scanned the first few lines on the pad, and started his questioning. “Detective Holmes, how many police officers were monitoring the premises that day?”
“We had fifteen drug task-force m
embers monitoring the club starting at 10am on October 5th.”
“Now, tell me, Detective Holmes, in all the information I have, I seem to be missing the report on the arrest of the truck driver who delivered the drugs. In fact, I can’t find his statement at all. Can you please explain what the delivery driver said in his statement?”
“Well,” Holmes shifted in his chair. “We didn’t have a statement by the delivery driver.”
“And why is that, Detective Holmes?”
“As you can see in the police report,” Holmes grunted. “In the intensity of preparing for the day, the driver managed to slip by our surveillance.”
“There were fifteen task-force members there, monitoring the entire premises for the day, and the delivery driver slipped away?”
“Yes.”
“That’s convenient, don’t you think?”
“It happens sometimes. There’s a lot of moving parts in a raid, and we assumed the driver slipped out the doors when they saw the police come in. We then lost track of the vehicle, however we did have the plates and it was registered as stolen the day before. Raids can be tricky because it’s an unknown environment and we can’t control everything.”
Hunter nodded, and turned a page in his notes. “Detective Holmes, had you been in contact with Mr. Schultz previously?”
“I had.”
“And what was the purpose of those interactions?”
“Jerry Schultz is…” Holmes shrugged. “He’s a person with a lot of connections in the police force. I had talked to him previously about a different case.”
“During those interactions, did you give him your personal phone number?”
Deadly Justice: A Legal Thriller (Tex Hunter Book 4) Page 12
