Betrayal in Black

by Mark M Bello

  “What’s going on out there?” A concerned juror wants to know.

  “There is a surprisingly peaceful demonstration and exercise of First Amendment rights going on out front.”

  “Can’t say that I’m surprised, given what this case is about,” the juror opines.

  “Me either,” Lynch agrees. “However, our sessions are supposed to be conducted in secret. Your identities aren’t supposed to be made public. Someone has leaked the fact that this grand jury is hearing the Hayes case. This is troubling, but not completely surprising.”

  “So, what do we do?”

  “Conduct the people’s business as though these protestors aren’t here. Hopefully, by the end of the day, the crowd will have dispersed, and you can leave the same way you arrived without being harassed by protesters. If someone does approach you, your response is a firm and consistent “no comment.” Does everyone understand? No one is to even know you’re a juror.”

  “Understood,” several jurors reply. Others simply nod their heads. The group heads into the courtroom.

  ***

  The second day of grand jury testimony begins in earnest with Marshall Bingham, a crime scene investigator, on the stand. Bingham was the first law enforcement official to access the crime scene after it was secured.

  Rochelle Lynch qualifies him as a crime scene investigation expert and begins to examine him about the crime scene.

  “Officer Bingham, you permitted Officer Jones to leave the scene, is that correct?

  “Yes.”

  “Typically, in an officer-involved shooting, the officer remains on the scene until you, the crime scene tech, can talk with him and walk the scene with him, correct?”

  “Yes.”

  “Why wasn’t that procedure followed in this case?”

  “A crowd was gathering, with some hostility toward the officer. I was concerned about the overall safety of the people at the scene.”

  “How did Officer Jones leave the scene?”

  “I believe he left with Officer Brian Jenkins.”

  “Jones left his vehicle at the scene?”

  “Yes, at my instruction.”

  “Did you process his vehicle?”

  “I did.”

  “Was there any damage to his vehicle, gunshot hole in the window, a dented fender, anything?”

  “No.”

  “There was no sign of any hostile actions by the deceased or anyone else as it relates to the vehicle. Is that a fair statement?”

  “It is.”

  “Was the car equipped with a dash cam and an audio recorder?”

  “It was.”

  “And you secured those devices?”

  “I did.”

  “Have you viewed and listened to the recordings made by those devices?”

  “I have.”

  “Were you present in the grand jury room, at my request, to view the video and listen to the audio we played here on Monday?”

  “I was.”

  “Were they the same as the ones you reviewed from Officer Jones’s vehicle?”

  “They were.”

  “Have you spoken to Officer Jones about this case?”

  “Yes.”

  “Did he give you a statement?”

  “It wasn’t a formal statement.”

  “Was it before or after his statement to Internal Affairs?”

  “After.”

  “What were the circumstances of the statement?”

  “It wasn’t formal. I’m not sure I would even call it a statement. Officer Jones called me on the phone—he wanted to talk. I told him I might be called to testify and that it wasn’t a good idea. However, he was upset and wanted to go over the whole thing to see what I thought. I told him that as long as he understood that I might have to tell investigators what we discussed, it was okay with me if it was okay with him.”

  “What did he tell you?”

  “He wondered what I thought after processing the scene. I told him I couldn’t discuss that with him.”

  “Go on.”

  “He began to cry. He told me the whole story. It wasn’t much different from his statement to Internal Affairs. His tone and mood were a bit less confident or upbeat than they were then. He was very conflicted. He kept repeating, “Am I a racist?” I inquired whether he ever saw a gun or signs of instability from the victim. He indicated he hadn’t. He claimed he had trouble getting Mr. Hayes to show him his hands.”

  Bingham could not shake the feeling he was ratting on a brother.

  “Did he describe the shooting?”

  “He described it as an out-of-body experience.”

  “Did you ask him to explain that?”

  “Yes, I did. Officer Jones was fixated on Mr. Hayes’ statement that he had a license to carry and was, indeed, carrying a gun. Hayes offered to show Officer Jones the carry permit. Randy alleges that Hayes reached down when he, Officer Jones, ordered him to put his hands on the dashboard. When Mr. Hayes didn’t comply and began to lift his hand upward, Officer Jones shot him.”

  “Did you observe Mr. Hayes at the scene?”

  “I did.”

  “What was his condition when you first observed him?”

  “He was dead. He had four gunshot wounds, one to the stomach, three more to the chest. The one that killed him went through his heart.”

  “Did you check his hands?”

  “I did.”

  “Was there anything in his hands?”

  “Yes.”

  “What did you find in his hands, Officer Bingham?”

  Bingham pauses and sighs.

  “His gun permit, driver’s license, and vehicle registration.”

  “How long have you been a police officer, sir?”

  “Twenty years.”

  “And in Cedar Ridge?”

  “The whole twenty.”

  “What would you say is the Cedar Ridge Police Department’s experience with African American citizens?”

  “I’m not sure how to answer that, ma’am.”

  “You spent some time on patrol?”

  “Yes.”

  “How many years?”

  “Seventeen years, give or take.”

  “What percentage of your citizen encounters has been with white people as opposed to black people?”

  “I’m not sure. Cedar Ridge is predominately white, so I would say something like ninety-ten.”

  “Would that be typical?”

  “I would say so, yes.”

  “So that would be true of Jones, as well.”

  “Most likely.”

  “Has the department ever provided specialized sensitivity training, or the like, regarding officers’ treatment of minorities?”

  “No.”

  “How well do you know Officer Jones?”

  “Very well.”

  “Do you recall another encounter Jones had with a black person that ended rather badly?”

  “Yes, I do.”

  Bingham looks down and glares at the floor. He knows where this is going but is powerless to avoid it.

  “Did you have a conversation with him about that encounter?”

  “I did.”

  “Please recount the conversation for the jury.”

  “He told me he had had a similar encounter once before.”

  “How so?”

  “Apparently, he once pulled over another black guy who matched the description of some guy who had committed a B and E.”

  “What is a ‘B and E,’ officer, for the jury?”

  “Sorry, breaking and entering.”

  “What did Jones say happened in that incident, if you know?”

  Bingham squirms in the witness chair. “He killed a man in an incident similar to the Hayes case.”

  “Similar how?”

  “Like I mentioned earlier, there was a traffic stop of an African American citizen following the B and E. Jones claimed the driver resembled the suspect.”

  “Did he?”

  Bingham
looks away.

  “I don’t know.”

  “Allow me to show you two photographs, Officer Bingham. Have you seen these two photographs before?”

  “Yes, I have.”

  “In what context, may I ask?”

  “As part of this investigation.”

  “Why? Who are they?”

  “The previous Jones victim and the previous B and E suspect.”

  “The court officer is passing these photos out to our jurors. The photos speak for themselves, but do you see a resemblance between these two men, Officer Bingham?”

  “No, I do not.”

  “When Jones told you the story about the previous incident involving two men who look nothing alike, how did he explain the traffic stop to you? I remind you, sir, that you have been duly sworn and are under oath to tell the truth.”

  “Randy stated the driver seemed out of place in Cedar Ridge.”

  “Did he say anything else to justify the stop?”

  “N-not really,” Bingham stammers.

  “Not really or no?”

  “I know this will be taken out of context, but I think he was joking.”

  “What did he say, sir?”

  “That the driver seemed out of place in Cedar Ridge and they all look alike anyway. But, as I’m sure he was joking.” Bingham pleads.

  His searches faces and eyes in the room for understanding. He finds none.

  “Officer Jones killed another citizen for driving while black. This one was unarmed, but it is okay because he was joking?”

  “You’re putting words in my mouth.”

  “I have nothing further for this witness.”

  Chapter Thirteen

  “Micah Love Investigations, may I help you?”

  “Micah Love, please. Zack Blake calling.”

  “Hey, Zack, it’s Jessica.”

  “Jessica? Jessica Klein?”

  “In the flesh.”

  “Jessica! How have you been? I’ve missed you!”

  Blake is happy to hear her voice. Micah Love is Blake’s private investigator. His work was a significant factor in Blake’s success on various high-profile cases. The two men became famous when they blew the lid off the child abuse scandal involving the church and a pedophile priest named Father Gerry Bartholomew in Farmington, Michigan. The investigation and subsequent high-profile trial resulted in a nine-figure verdict and recovery for their clients. Those clients were Jennifer, Kenny, and Jake Tracey, now Blake’s wife and adopted kids.

  Jessica Klein is from Berea, Ohio. She met Micah while he was investigating the abusive priest’s previous placement in Ohio. Micah and Jessica hit it off right away, sparks flew, and they became a couple. Over the years, they have continued an on-again-off-again relationship. I guess that it’s on again, for now, but why is she answering phones in Detroit?

  “Why are you answering Micah’s phones?”

  “One of Micah’s bimbos just quit, and I happened to be in town. So, I’m the bimbo today,” she jokes.

  “You’re gorgeous, but you’re no bimbo,” Blake quips.

  “Aw shucks. What’s up, Zack?”

  “I’ve got a new case.”

  “Great! Let me get Micah on the phone. It’s nice to hear your voice, Zack. Micah and I need to get together with you and Jenny.”

  “Absolutely. We’d love to see you. I’ll have Jennifer call you to set it up.”

  “I’d like that. I’ll connect you now.”

  “Thanks, Jess.”

  Love soon interrupts the hold music.

  “Hey Zack, how’s my favorite legal guru?”

  “Put me back on hold; I’m listening to Streisand.”

  “Huh? Okay, hold on,” Love kibitzes.

  “Wait, Micah! I was kidding man,”

  “I know. I was just messing with you. Whaddaya got?”

  “You’re going to shit when I tell you.”

  “I love a good shit.”

  “I’ve been retained to handle the Hayes case.”

  “That great Zack, congrats.” Love doesn’t have a clue. ”Uh . . . what’s the Hayes case?”

  “Where have you been, man? Have you been sleeping under a rock for the last month or so? Marcus Hayes is the man who was shot and killed by the cop in Cedar Ridge,” Blake exclaims.

  “Holy crap! You’ve got that one? I love it! When do we begin? Whaddaya need? Full Monty?” Blake now has Love’s full attention.

  “Yes. I want the full A-to-Z investigation. I don’t trust the city or the feds. I can’t even assume the cop will get convicted in this case, not in RonJohn’s America.

  “Start by getting your hands on whatever investigation materials already exist. There are witness statements to obtain, videos and audios, cops, and crime scene techs who came to the scene. The Hayes vehicle is still impounded. But the biggest issue in my mind is the culture. Does the City of Cedar Ridge have a systemic problem with how cops treat people of color? Does this cop or any other cop have previous negative encounters? Has anything like this ever happened before?

  “What’s this cop’s background? What’s his mental status? What protocols or training programs are in place? Have those been violated? Do they even have protocols or training programs for cops to deal with cultures and people they don’t typically encounter? I want it all, Micah.”

  Love understands and appreciates Blake’s enthusiasm. Cases like Hayes do not come along very often.

  “Got it. How much time do I have?” Love inquires.

  “Plenty. Mrs. Hayes just signed the retainer agreement. By the way, you also need to get a videographer out to her home and put together day-in-the-life video footage before and after Mr. Hayes’s death. If there are any segments of Mr. Hayes’s interactions with his family and friends, I want them. I also need candid video on how the wife and kids are dealing with his loss and their grief.”

  “I’ve got it, Zack. I heard you—the full Monty.”

  “That’s one way to put it, I guess.”

  “I’m on it. I always enjoy working with the superhero of law.”

  “Same here, Micah. Working with you is always entertaining. I told Mrs. Hayes to expect a call from you. Anything you need, any extra help, anything, give me a call.”

  “What’s Mrs. Hayes like?”

  “She’s a nice lady, an eyewitness to the shooting death of her husband, so you need to take a detailed statement from her. Play nice, please. The incident took place directly in front of her and her children. That has tremendous shock value and is a big part of the case. She’s got cell phone video on her iPhone.”

  “That must be one powerful video. Did the cop have a dash cam, too?”

  “Yes, he did. The entire incident is captured on the two videos. Maybe we add the dash cam and the iPhone footage to the day-in-the-life video. Can you imagine sitting in the passenger seat and back seat of a car and watching a cop shoot and kill your husband and father?

  “Sarah Hayes is college-educated, attractive, and articulate and will make an awesome witness. By all accounts, her husband was a good guy too. About the only negatives I have encountered is that the victim was legally carrying a weapon and may have smoked some pot at some time before the stop.”

  “Yeah, I might have read something about that somewhere. If it’s true, we can deal with it.” Micah trails off, reflecting.

  “What is it, Micah?”

  “I’m just thinking. I guess I’m a little worried about our current political climate. The country, the state, and even the city . . . we are very divided, maybe more divided than any time in recent history. The silent underbelly of racist attitudes has become far more emboldened.

  “Our own experiences with the Arya Khan and Jack Dylan cases demonstrate how brazen and active some of these groups are, with POTUS setting an atrocious behavioral example. And the more active these people become, the more active and hostile their counter-protesters become.

  “Social justice groups, the ACLU, and other groups like Black Lives Mat
ter, are primed for a clash with white supremacist and neo-Nazi elements. And those are only the extreme elements of this racist movement. There are also several President John supporters and closet racists, who will come out of their closets to defend white cops, regardless of how egregious their conduct is.”

  “You’re worried that one small case will trigger some kind of race war?”

  Blake hasn’t considered this possibility.

  “Don’t forget you’ve got a criminal case out there too. Rumor has it that the grand jury is convened in Detroit and looking into the case to determine whether there’s enough evidence for an indictment. And, there’s a civil rights case germinating in the federal system. If either criminal case fails and the black community doesn’t get justice for yet another of their fallen citizens, what do you think will happen? Will we have another Ferguson? And, if we do, how will it affect your case?”

  “I read you, brother, loud and clear,” Blake shudders. “By the way, between you and me, I have confirmed that grand jury rumor with Larry Bialy. The grand jury is looking into this case. As to the climate, we’ll cross that bridge when we come to it, especially in voir dire and jury selection—if the case gets that far.

  “For now, we have to look at this like any other case we handle together, high profile or not. We do the work to the best of our ability. We fight the fight that needs to be fought and ignore those outside elements unless or until they begin to affect our client’s case. If or when they do, we’re smart guys. We’ll figure out a way to handle them. At this moment, I’ve given you a lot of work to do. You have an unlimited budget, and I expect your usual kickass performance.”

  “Nice pep talk, boss. I especially like the unlimited budget part.”

  “Yeah? Well, remember, we’re talking about client’s money. Don’t get carried away. The larger message is that I do not want you to cut corners to save money, got it? I want a Mercedes, not a Yugo.”

  “When do I ever produce a Yugo? My feelings are hurt,” Love whines, dolefully.

  “Sorry. We good to go?”

  “Good to go. Anything else?”

  “What’s going on with you and Jessica?”

  “Nothing, what do you mean?”

  “She’s answering your phones.”

  “She was in town and I’m short a person. Ginger left me.”

  “Singsong Ginger?” Blake cracks.