Betrayal in Black

by Mark M Bello

  This toxic environment, fueled by President John, is what caused his last two criminal cases to escalate as they did. Blake is also convinced that the mood of the country is partially responsible for the Hayes shooting. At least, that’s what he plans to say during the interview.

  The family’s discussion takes a light-hearted turn toward the misfortunes of the Detroit Lions and the Detroit Tigers. The Tigers recently fired their manager and traded their best players. Blake, an avid baseball fan, laments the loss of the Tigers’ long-term star players, the nucleus of a once solid baseball team. The long-suffering Lions hired a new coach, but the team is still mired in mediocrity.

  The Big Apples arrive along with an oversized vegetarian omelet Blake and Jennifer are sharing. Blake studies his omelet then gazes, longingly, at the two Big Apples sitting in front of him. He grabs a knife and fork and begins to carve a piece out of one of the tasty delights. He gets his hand slapped for the gesture.

  “It is not polite to take someone else’s food without asking,” Kenny scolds, mimicking his mom.

  Jennifer stifles a giggle with her hand over her mouth.

  “Yeah, Dad, how would you like it if someone stuck his dirty fork in your breakfast?” Jake lectures, spouting another ‘Jennyism.’

  Jennifer can’t stifle her laughter this time.

  “But look how big those things are. I only want a small bite. Come on!” Blake pleads. He scrunches his face to look wounded.

  “But, you need to ask first,” Jake mocks. “Right, Mom?”

  “Right, Jake,” laughs Jennifer, spitting out omelet pieces and holding her hand over her mouth.

  “Fine! I’ll ask for a bite of one of the Big Apples that I’m paying for!” This is no laughing matter for Blake. He’s losing his temper.

  “We’re waiting. Ask politely and nicely.” Kenny indicates, looking to Mom for support.

  “Alright, I’ll play along. May I please have a bite of one or both of your Big Apples, boys?” Blake cajoles.

  “Maybe we’ll save you a bite, right, Jake?” Kenny taunts. He gazes, longingly, at the pancake.

  “Right, big brother. Maybe we’ll save you a bite, Dad. Don’t count on it, though. Bad manners are not usually rewarded,” Jake teases.

  Blake scowls, returns to his omelet, and begins to devour it. Jennifer and her two boys eye each other, shrug, and start eating. The family continues their meal in virtual silence. Blake hopes to taste some leftover Big Apple, but the two boys devour both of them. As they place their knives and forks down, they sigh and pat their stomachs. Blake is simmering.

  “Boy, that was outstandingly delicious, wasn’t it Jake?” Kenny sighs.

  “Delightfully tasty,” Jake agrees.

  Jennifer glances over to a bewildered Blake, who looks from one boy to the next. This man can take anything some tough litigator throws at him, but these two teenagers are surprisingly successful at getting his goat.

  Blake rises and slams his napkin down on the table. He grabs the bill and exits the booth. “Payback is a bitch,” he mutters.

  “Zack, you’re acting like a child,” Jennifer scolds.

  “That goes for you, too, lady.”

  Blake walks away, leaving behind another round of laughter from his family. He stalks over to the cashier, pays the bill, and storms out of the restaurant.

  Blake is waiting in the Range Rover as Jennifer and the boys exit the restaurant. He is still steaming as his family approaches. He pops the locks.

  Jennifer hand motions him to roll down his window.

  “Good luck this morning. We’ll be watching. Please drive carefully.”

  “Sure. Thanks for sharing, boys. And thanks for the support, Jennifer,” he snaps.

  He guns the engine, squeals the tires, and speeds off.

  Eat my exhaust!

  He glances into his rearview mirror and observes his family doubled over with laughter, a few feet behind the vehicle. He looks at himself in the rearview and sees an angry scowl. Gradually, he begins to smile, then laughs; a slight chuckle at first, but eventually, it morphs into full-blown bellows.

  Simply conceding to himself that his behavior was inane, and the boys’ behavior was funny doesn’t change his attitude about exacting revenge.

  Payback is indeed a bitch!

  Chapter Five

  Blake is still plotting his ‘food revenge’ as he arrives at WDIV studios on Fort Street in downtown Detroit. Devon Harlan, the host of ViewPoint, greets him in the lobby. Devon introduces him to her other guests. Blake already knows Lawrence Bialy, the Wayne County Prosecutor. The other guest is Stacey Schwartz, a reporter for the Detroit News.

  The four discuss the segment, topics which they will offer expert commentary and what questions to expect. All three experts are frequent visitors and familiar with the process. All agree to follow Harlan’s lead.

  Showtime!

  “Good morning, everyone. Thanks for joining us on this beautiful Sunday. I’m your host, Devon Harlan, and this is ViewPoint.

  “Today’s discussion is controversial but long overdue in our town. How far has our community come in its battle against racism? Are we yet a colorblind society? Has Detroit and its suburbs succeeded where others have failed?

  “My guests today are Wayne County prosecutor Larry Bialy, attorney Zachary Blake, and Detroit News columnist Stacey Schwartz. Good morning to all of you.”

  “Good morning, Devon,” the three chirp, almost in unison.

  “Most of our viewers are aware of the recent shooting in Cedar Ridge, which claimed the life of a young father and husband Marcus Hayes of Detroit. A Cedar Ridge police officer, Randy Jones, faces disciplinary action and possible criminal charges for shooting Hayes during a traffic stop.

  “Larry, let’s begin with you because you will face the difficult decision of deciding whether or not to pursue criminal charges against Officer Jones.

  “Law and order advocates argue the officer shot Mr. Hayes in self-defense out of fear Mr. Hayes was reaching for a weapon after repeatedly failing to obey the officer’s commands.

  “Civil rights activists and others believe this is a case with racial undertones. Those activists opine that Officer Jones targeted Mr. Hayes and pulled him over solely based upon his race.

  “Other critics argue Officer Jones issued inconsistent verbal commands that confused Mr. Hayes. Larry, please tell our viewers: What is the status of your investigation?”

  “Thanks for inviting me, Devon. The honest answer to your question is that we are still investigating. No decision has been made. What I will say to your viewers at this point is that, whether or not Officer Jones is innocent, Marcus Hayes’ death is a tragedy.

  “A woman lost her husband. Two small children lost their father. A dedicated law enforcement official is devastated; his career and reputation hang in the balance. There are no winners here.

  “What I can assure your audience is that a thorough investigation will be conducted. If the evidence supports an indictment, one will be issued. I want everyone to know that in Wayne County, no one is above the law.”

  “We are also pleased to have prominent Bloomfield Hills attorney Zachary Blake with us,” announced Harlan, turning to Blake. “Zack, can you please give us a perspective from the other side of the case? How would you assess this case from a defense point of view?”

  “It’s nice to be with you today, Devon. Like any other case in the beginning stages, the prosecutor holds all of the cards. The defense learns things as the case progresses and evidence is revealed. In this case, since we are still early in the process, I don’t know much more than anyone else. I only know what I read in the News or Free Press, and I am hesitant to comment without knowing all the facts.

  “However, I was discussing the case with my family this morning. The circumstances are indeed tragic. If I were the lawyer counseling the officer, I would advise him to shut up, assert his Fifth Amendment rights against self-incrimination, and make Larry and his office prove
he violated the law.”

  “Good advice for Officer Jones, Zack, but in this case, we have the two infamous videos: One was captured by the dash cam of the officer’s patrol car and the other by Marcus Hayes’s wife, Sarah, on her cell phone. I cannot imagine filming an event that results in the death of my spouse. What a tragic circumstance.”

  “Nor can I, Devon. But if I’m representing Officer Jones, I’m cautioning everyone that video evidence is inconclusive. Both videos are graphic and clearly depict the officer’s actions and inactions. However, neither video demonstrates, at all, what the officer saw,” Blake comments.

  “What do you mean?”

  “Devon, the officer’s principal defense is that he acted in self-defense, for his safety and the safety of others in and around the suspect’s vehicle. Fortunately, or unfortunately, depending on the truth of this situation, the viewer cannot see what Mr. Hayes is doing in either video.

  “Most important, viewers cannot see his hands, which Officer Jones alleges were reaching for a gun. On the other hand, the eyewitness, Mrs. Hayes, claims her husband’s hands were not reaching for a gun. He was reaching for the license and registration Officer Jones demanded. This case is an officer’s worst nightmare, a damned-if-you-do, damned-if-you-don’t situation. Giving the officer the benefit of every doubt, a case for self-defense might be made. In my professional judgment, however, this will be a very tough burden for Jones.”

  Devon turns to Stacey Schwartz. “But, Stacey, what about the stop of this family in the first place? Cedar Ridge is a downriver, blue-collar, predominately white community. Here comes a black family driving through town. According to nearly every account I’ve read, Mr. Hayes is observing all traffic laws. Still, he is pulled over. Why?

  “The officer argues the couple matched a description of two robbery suspects. Civil rights activists say this is a clear case of murder by cop and for no reason other than the fact that the driver was a black man. I know you have been a principal reporter for the News on this incident. What have you learned so far?”

  “As your viewers probably know, the stop, in this case, is most controversial. We know there was an earlier robbery at a nearby Burger King. According to witnesses, the robbers were two young black guys, one with an Afro and one with dreads. Apparently, Mrs. Hayes has dreads and Mr. Hayes has an Afro. The officer alleges they resembled the suspects. The problem is that Hayes couple was twenty years older than the robbery suspects. If you look at the composite drawings of the suspects and compare them to photographs of Mr. and Mrs. Hayes, they look nothing alike. Even the dreads and Afro are dissimilar.

  “So, why the traffic stop when the officer admits that the driver did nothing wrong? To this impartial observer, those facts suggest Mr. Hayes was pulled over for driving while black and the shooting was the worst result of a bad stop.

  “Worse, my investigation has uncovered a startling number of similar incidents in similar communities across the country. This demonstrates that these types of cases are far more prevalent since Ronald John was elected president.”

  “That statistic is interesting and terrifying, Stacey.”

  “Well, Devon, terrifying or not, it’s accurate. This is not a great time to be black in America.”

  “Devon, may I add something to Stacey’s comments?” Blake chimes.

  “Sure, Zack, by all means.”

  “Whether Stacey’s reporting relative to national trends under the John administration is true or not, it is not evidence of Officer Jones’s guilt. Those who know me know that I am a staunch defender of civil rights. However, I am also a staunch defender of the concept of innocent until proven guilty and the right to a fair trial. I sincerely hope Officer Jones does not get tried and convicted in the press before an indictment is issued and an untainted jury decides his fate.”

  “I can promise you that he will get an unbiased review from my office,” Bialy stresses.

  “An indictment will only issue if the facts and the law support it, Devon. No one will be railroaded for the sake of political correctness on my watch.”

  Blake smiles to himself. Larry lies extremely well with a straight face.

  “Good to hear, Larry,” Devon praises.

  “By the way, rumor has it that a grand jury might be taking up this case. Care to comment?”

  “Devon, the Wayne County Prosecutor’s Office does not discuss or confirm grand jury proceedings in public forums. I have no comment.”

  “Okay, my friends, that’s all the time we have for this segment. We’ll keep an eye on this controversial, high-profile case and report any and all interesting developments.

  “Thanks to all of my guests for lending their expertise today. Up next, while downtown Detroit is experiencing a development boon, its neighborhoods are suffering. What is Detroit doing to address the issue? We will be talking with some urban development specialists and urban beat reporters when we come back.”

  After the show, Blake approaches Bialy.

  “Good to see you, Larry. How is this thing shaking out, off the record?”

  “Are you asking as an officer of the court, someone who can keep his mouth shut?”

  “Absolutely.”

  Bialy checks the hallway and sees no one. “On the q.t., the case is going to the grand jury tomorrow. I don’t know who Devon’s sources are, but they’re spot on.”

  “What evidence do you have?”

  “Let’s take this outside, Zack.”

  They step out into the late morning sunlight.

  “You’ve seen the two videos, I presume.”

  “I have, Larry. They’re fairly damning but inconclusive. I wouldn’t hang a prosecution on those alone.”

  “Officer Jones gave a statement to Internal Affairs. He virtually admits to stopping these people for no reason and killing the husband out of baseless fear. That and a previous, similar incident are presenting Officer Jones in a bad light.”

  “Good for justice, bad for Jones. I hope you get the bastard if that’s what the evidence shows.”

  “One never knows, but it looks like this officer’s policing days are over. It also looks like he will be indicted for and convicted of second-degree murder in the death of Marcus Hayes.”

  “Don’t count your chickens before they hatch, Larry. You thought Arya Khan was guilty too, remember?”

  “I remember. I’m happy that we righted that wrong in the end. How’s she doing, by the way?”

  “Fine, last I heard.”

  “Give her my best if you talk to her. She’s quite a woman. Say, Zack?”

  “Yes?”

  “Can I count on your confidence one more time?”

  “It depends on what you tell me, but, generally, of course, you can. What’s up?”

  “I’m certain I can get the indictment, but probable cause is a lot easier to prove than guilt beyond a reasonable doubt.”

  “What are you driving at?”

  “These are strange times in America and in Detroit, Zack. If we were reviewing this case under a previous administration, any one of them, I would have suggested that we had a ninety-five percent chance of a conviction. Today, with the racial and religious divisiveness of President John, the chances are reduced to, like, fifty-fifty.”

  “Okay?”

  “I want to hedge my bet.”

  “And the hedge, Larry?”

  “I’m going to recommend that the feds file a civil rights case against the officer.”

  “And?”

  “I want to privately recommend that the family hire an attorney and file a civil case against the officer and the city of Cedar Ridge. And I want to recommend you as the plaintiff’s attorney. Are you interested? No referral fee expected or anything. I’m just looking for justice for the Hayes family.”

  Blake can’t believe his ears. He and Bialy were often adversaries; this is the ultimate compliment. The case is in Zack’s sweet spot. It’s a very high profile civil case involving serious damages and an important societal i
ssue.

  “Sure, Larry.” He tries to mask his excitement. “I would certainly consider it.”

  “Thanks, Zack.”

  No, thank you!

  “You’re welcome, Larry. I’m happy to help.”

  Chapter Six

  “Good morning, ladies and gentlemen of the grand jury. It is 8:30 a.m. on Monday, July 30, and the Wayne County prosecutor’s office and the Cedar Ridge Police Department are seeking an indictment against Cedar Ridge police officer Randall Jones for murder in the second degree. My name is Rochelle Lynch. I am a Wayne County assistant prosecutor and the lead prosecutor for this case. Adam Rock, seated to my right, is my second chair and will be assisting me throughout these proceedings.

  “This investigation seeks to answer the question of criminal liability on the part of Officer Jones in the shooting death of Marcus Hayes. We will cover a lot of ground during these proceedings. However, there will be no parade of witnesses or numerous exhibits. Officer Jones will not testify, but an Internal Affairs officer will, and he will provide an audiotape and transcript of his thirty-five-minute interview of Officer Jones. You will first hear the interview in its entirety. Following this presentation, the Internal Affairs officer will testify and be available to answer any questions that you may have.

  “You will also see graphic dash cam and iPhone video of the traffic stop and shooting. I apologize in advance for the content, but this video evidence must be viewed to understand why we feel charges are appropriate in this matter.

  “You will also hear an audio recording of Officer Jones’s call to Officer Alexander Mickler requesting back up. Officer Mickler and the victim’s widow, Sarah Hayes, an eyewitness to the shooting, will also testify live. You may ask them questions.

  “We will be presenting a use-of-force expert who will testify about national standards that apply to police officers during traffic stops, appropriate causes for such stops, and, most importantly, the policies and procedures to follow when confronted with a citizen who indicates he is carrying a weapon, as Marcus Hayes did in this case.