Betrayal in Black

by Mark M Bello

  “The woman who can sing with her lips and with her hips? Ginger, the woman that made ‘good morning, Micah Love Investigations’ sound like an X-rated movie score, that Ginger?”

  “Alas, she left for greener pastures. Jessica, bless her heart, offered to help out.”

  “Don’t let Jessica get away, Micah,” Blake warns.

  “What are you suggesting, Zack, not the M-word?”

  “Why not?”

  “Marriage isn’t my style,” Love cringes. “I’m reasonably sure it’s a dirty word for Jessica, as well.”

  “That may be true, but you’ll never know unless you ask. I didn’t believe I would get married again or know the happiness of a loving wife and great kids. But I’m enjoying every minute of it.”

  “I know you are; you’re a very lucky man.” Love is truly envious.

  “A wife and some kids would look nice on you, Micah. And Jessica is a great lady.”

  “Yes, she is,” Micah admits. “I’ve never been with anyone like her before. She makes every minute I spend with her exciting. And has she got an appetite in bed, man! I’m telling you Zack; she’s fucking exhausting! Is that a pun?

  “Anyway, I don’t have to go to the gym or jog or anything to get in shape. All I have to do is spend a week or two with Jessica. I don’t want to ruin this wonderful relationship with a marriage proposal.”

  “Marriage is a positive step, Micah, not a negative one. Do you want me to ask her about it? She likes me.”

  “No, thanks. I realize I’m a wuss, but not so much that I can’t handle my own relationship issues.”

  “Okay, but I love Jessica. Do not let her get away.”

  “You have made your feelings known, Zack. I’ve got to cut this short. We’ve got a lot of shit going on today. I’ll assemble a team and we’ll get to work on this right away.”

  “Thanks, Micah. Talk soon. Kiss Jessica for me.”

  “Will do.”

  Chapter Fourteen

  Sarah Hayes has never seen the inside of a courtroom before. Unfortunately, her virgin courtroom experience will require her to recount the events that led to the death of her husband. On the morning she is to give her grand jury testimony, Zachary Blake picks her up and drives her downtown to breakfast at a restaurant that was too expensive for her taste.

  As she scans the menu and observes the prices, she looks up at Blake, aghast.

  “You’re a client, “ he assures her. “Order anything you want.”

  She relaxes and orders bacon and eggs with a biscuit.

  “Sarah, I know you’re scared, but Rochelle Lynch is a very nice woman. She will walk you through what happened that night. All you have to do is tell the truth.”

  “Will you be in the room with me?”

  “No, I won’t. Everything in front of the grand jury is secret - no television and no reporters. If the criminal case or wrongful death case gets to trial, there will be lots of publicity and media coverage, but not so with the grand jury. The only attorney allowed in the grand jury room is the prosecutor.”

  “I’ve never done anything like this before. I’m not sure I can do it,” whispers Sarah.

  “Sure you can, Sarah. Here’s what I want you to do. When you walk into the room, you will see several people. A clerk will swear you in. You must promise to tell the truth, the whole truth, and nothing but the truth. Someone will invite you to be seated in the witness chair.

  “Rochelle Lynch will approach you. At that point, I want you to focus only on her and her questions. I want you to pretend no one else is in the room, block out all the other noise and all the other people, and have a simple conversation with Rochelle. Answer her questions as honestly and forthrightly as possible. Can you do that for me?” Blake cajoles.

  “I guess so,” she concedes. “Where will you be?”

  “I will be right outside the door. And here’s the good news. If you don’t like the way things are going, you need a break for any reason, or you want to talk to me before answering a question, ask for a time out and say you want to confer with your attorney. They are required to allow a witness to do that, understood?”

  “I want to confer with my attorney.” She moves her arms up and down robotically.

  Blake laughs. This woman will make a fabulous impression on a jury.

  “You can ask to speak to me as often as you want. Too bad if constant interruptions begin to piss off Rochelle or the jurors. I want you to be comfortable. That’s all I care about.”

  “Will you be here the whole time?”

  “Of course, I’m your chauffeur for the day, remember?”

  “That’s right, I forgot you picked me up. I’m such a nervous wreck. I’m so glad Larry gave me your name and number.”

  “So am I.”

  Sarah Hayes smiles to herself. Zachary Blake is a beacon of light, through the smog of sorrow, fear, and apprehension. They finish breakfast, Blake pays the bill, and attorney and client walk to the building where the grand jury is conducting hearings.

  Reporters, as usual, are camped out in front of the building, while a more modest protest group is chanting and waving signs. There is no police presence and no counter-protest. Blake stops Sarah in her tracks.

  “Sarah? I have not called a press conference to announce that we are pursuing a civil case against the officer and the city. Reporters are camped out in front of this building. All they’re getting from everyone, so far, is a terse, ‘no comment.’ I want to engage them and get interviewed by as many of these media people as possible. This is big news. What I say will be on television, radio, in newspapers, and on social media. Do you have a problem with that?”

  “W-will they ask me anything?” She stammers, unsure of the strategy.

  “They might.”

  “Do you want me to answer?”

  “Depends on the question. I’ll be right there with you to cut it off if that’s what you want.”

  “Will it help the case?”

  “As long as I control the reporters and they need me more than I need them.”

  “Okay, let’s do it, but Zack?”

  “Yes, Sarah?”

  “Don’t let go of my arm.”

  “I won’t. Let’s go.”

  ***

  As Sarah and Blake approach the building, reporters jump to their feet.

  “It’s Zachary Blake. He’s with the widow,” a female reporter cries.

  She grabs her microphone and pulls on a cameraman’s shirt. Together, they run toward Blake and Sarah. Other news people are slower to react, so they will be forced to follow her lead.

  “Zack, Zack, Jillian Zimmer from Seven Action News, remember me? I covered the Khan case.”

  “I remember you, Jillian, what may I do for you?”

  The cameras start rolling as a mass of reporters crowd around Zack and shove microphones in his face.

  “What are you doing here, Zack?”

  “I represent Mrs. Sarah Hayes and her family. Mrs. Hayes has an appointment in the building. I’m accompanying her for, ahem, moral support.”

  “Is the grand jury convened today, Zack?”

  “No comment, Jillian. Grand jury proceedings are private—not public proceedings. You know that.”

  “What kind of appointment does your client have, Zack?”

  “She needs to meet with someone and answer a few questions.”

  “What about?”

  “I really can’t say.”

  “Well, what can you say?”

  “Actually, Jillian, I have a scoop for you,” Blake gloats.

  “What’s that?” Jillian brightens.

  “Mrs. Hayes has instructed me to file a police misconduct and civil rights wrongful death lawsuit in Wayne County Circuit Court against the officer who murdered her husband and against the city and police department that hired and trained this officer and turned him loose on an unsuspecting public.”

  “May I quote you on that?” Jillian is eager for a scoop.

  �
��Absolutely. Police brutality is a heinous act. Police officers work in service to the public. The public should be able to rely on that service and the preservation of their safety. The public should expect that police officer functions and services are even-handed, fair, and appropriate, applied the same way for all citizens, regardless of race, creed, color, or national origin. Police officers must know how to handle many different types of situations.

  “For example, should a peaceful protester who shouts slogans that denigrate police officers be beaten? Of course not.

  “A police officer must develop a thick skin and the skills to ignore these verbal attacks. If a criminal becomes physically or verbally abusive, force should be only that which is necessary to control or subdue the behavior. Deadly force should only be used as an absolute last resort. There are precious few examples where such force might become necessary.

  “Now, let’s compare these situations to a routine traffic stop where the citizen is lawfully complying with traffic laws. Was he pulled over because of an officer’s racial bias, on the absurd premise that he and his wife ‘resemble’ two black teenaged males who are at least twenty years younger? As the officer reaches the driver’s side, the innocent driver informs him that he carries a gun and has a license to do so. According to video evidence and eyewitness accounts, the officer panics and blurts out conflicting instructions.

  “‘Hands on the dash! License and registration!’ The driver hears ‘license and registration’ and reaches down to retrieve them. The officer shoots him four times, claiming the man was reaching for his gun.

  “Why would Marcus Hayes tell the officer he was carrying a gun if he intended to use it? He wouldn’t, of course. Did this officer ever see a gun? Was the man belligerent or threatening? The evidence will show that he wasn’t. Yet, this officer shot this man four times and killed him in cold blood. Crime scene technicians who examined Mr. Hayes’ body found his license and registration balled up in his clenched fist. His family watched the whole thing unfold before their eyes. The murder of their loved one is forever etched on their memories.

  “Being a police officer is a tough job. These brave men and women deal every day with a criminal element that most private citizens never wish to encounter. Police officers put their lives on the line for us. They should be honored for their service. Most are careful, honest, and good cops. However, in every precinct, there are a small number of careless, negligent, dangerous, even crooked cops.

  “I haven’t met Officer Randy Jones, but here’s what I know about his behavior on the night in question. He pulled over Marcus Hayes because two young black teenagers had committed a robbery in the predominately white community of Cedar Ridge. I hope to prove this stop was premised upon Jones’s belief that ‘all black men look alike,’ a myth racists have perpetuated for years.

  “Officer Jones might have approached the window and apologized once he observed a forty-year-old man instead of a teenager. ‘Sorry sir. I have made a mistake. Have a nice day.’ Make more sense? Clearly this family wasn’t the Burger King robbery suspects. Yet, Jones persisted.

  “Jones requests the driver’s license and registration. According to Mrs. Hayes, when her husband attempts to produce the requested paperwork, the officer shoots him, not once, but four times, once through the heart.

  “Whether this was murder or criminal negligence is up to a criminal jury. Whatever the jury decides, this was certainly not the preservation of safety or service to the public.”

  Are potential jurors watching on television? Blake carefully chooses his words. He doesn’t want a change in venue, but he does want to plant seeds in the minds of his future jury.

  “You certainly make a compelling argument, Zack. We haven’t heard much from the city. They’ve been pretty tight-lipped about this case. Do you know why?”

  “I presume it’s because the incident is still under investigation and they operate under stricter rules and protocols than I do. I’m certain they are doing their due diligence and seeking to get to the truth, same as me.”

  “You’re bringing suit against the department and the City of Cedar Ridge. Would you care to comment on those lawsuits?”

  “Not at this time—we are still developing the case and our legal theories. I will say that this officer is a product of the Cedar Ridge Police Department’s system, training, and culture. We will be looking into whether there is a systemic problem with how people of color are typically treated on the streets of Cedar Ridge.”

  Zimmer turns and looks to Sarah Hayes. “Is this Mrs. Hayes?” She turns from Sarah back to Blake.

  “It is.” Blake looks toward Sarah and nods.

  “May I ask her a couple of questions?”

  “As long as you are willing to take ‘no comment’ for an answer and you don’t badger her. She has been extremely traumatized.”

  Blake plays to the camera and all future civil jurors.

  Zimmer turns back to Sarah and sticks a microphone in her face. Sarah tilts her head back.

  “Mrs. Hayes, I am so sorry for your loss. What you are doing here today?”

  “No comment, Jillian. I told you earlier, off-camera, that question is out of bounds,” Blake interrupts, usurping Sarah’s answer.

  “I forgot. Mrs. Hayes, can you describe that night for us?”

  “It was terrible. The officer would not listen to reason. He shot my husband four times in front of my children and me. But that wasn’t enough. Another police officer arrested and handcuffed me for no reason while my terrified kids looked on. I wasn’t released until the following morning. I wasn’t permitted to see my kids until much later after my release. I had to retrieve them from social services. It is the worst night of my life. I will never forget it.”

  Sarah sniffles. Blake hands her a handkerchief.

  “I’m so sorry you had to go through that. Please, tell me, how do you feel about this proposed lawsuit?”

  “She has no comment about that, Jillian,” Blake interrupts again.

  Sarah pulls away and dabs her eyes with the hanky.

  “Actually, Zack, I do. I want to see justice done for my husband, for me, and for my kids. Whether I get that justice in criminal court, civil court, or both is up to the prosecutor and a jury,” she challenges.

  Blake is not happy. Sarah ignored his instructions, but he is extremely pleased with her response to the question. He was impressed, not only with her answers but her demeanor in delivering them. Both were perfect. However, he could risk no further questioning or a potential rogue comment. He takes her arm and gently pulls her along, away from the microphones and cameras.

  “That’s it for now, Jillian. We’ll be in touch if we have anything else for you.”

  He whisks Sarah away, with reporters and cameramen scrambling behind, shouting questions and filming.

  Chapter Fifteen

  Randy Jones is suspended and depressed. He sits on the living room couch and watches television. A breaking news update interrupts his program. There, in 4K Ultra HD, are Sarah Hayes and Zachary Blake discussing a civil suit they plan to file against him, the department and the city.

  Randy is quite familiar with Zachary Blake. He remembers how Blake got that Dearborn cop acquitted on a murder charge. The whole thing was dismissed. The cop was hailed as a hero. That Dearborn guy must be the kind of cop Blake is now talking about, someone who deserves to be honored for his service.

  Randy does not harbor ill feelings toward Sarah Hayes.

  Her husband’s dead. She’s got a right to be pissed. Watches her husband die, then gets arrested and handcuffed in front of her kids. Who can blame her for being pissed?

  And me? I’m the careless cop, the bad cop, the criminal cop that Blake’s talking about. Maybe I am a RACIST cop.

  But it wasn’t like that, dammit! I saw extreme danger. I saw a suspect with a gun. Why can’t anyone see what I saw? People are right about one thing. Looking back, Mr. and Mrs. Hayes don’t look anything like the BK robbers. Why was
n’t it obvious that night? I know why I pulled them over, but why didn’t I let them go when I saw they were an older couple with kids?

  Was it because they were black? Why didn’t I let them go? Why? Am I a racist? Am I a murderer? What am I going to do? Help me, please God, what am I going to do?

  Chapter Sixteen

  The grand jury reconvenes on Tuesday of the following week. A use-of-force expert is called to testify. Rochelle Lynch isn’t much of a fan of expert testimony in these types of cases. Experts tend to be long-winded, opinionated, and cocksure. They fashion themselves to be, well . . . experts.

  In this case, however, Rochelle believes that this expert’s testimony, if delivered cogently, will be the final puzzle piece that secures an indictment against Officer Randy Jones.

  She swears and qualifies Brian Dunn as an expert in use of force. Dunn has been a police officer for nearly thirty years until he retired in June 2016 as the Deputy Chief of Police for Coldwater, Michigan. As deputy chief, he was directly responsible for all police operations, including patrol, traffic, investigations, emergency management, crime prevention, and SWAT.

  Post-retirement, Dunn was retained by the City of Albion, temporarily, and assigned to review all department policies, including internal affairs. During tenures in Coldwater and Albion, he acted as a special investigator on officer-involved shooting incidents for various police organizations.

  He now acts as a liaison to Albion City Council, assisting in investigations into the criminal activities of officers. One particular investigation led to indictments and improvements in officer training programs and monitoring protocols for the department.

  Unlike most police officers, Dunn did not attend the police academy. He obtained a bachelor’s degree in criminal justice from Kalamazoo College and a law degree from Western Michigan Cooley Law School.

  He has extensive background and training in internal investigations, use of force, and officer misconduct investigations. He is a distinguished fellow at the Carnegie Institute of Peace Think Tank. Dunn has testified in well over one hundred use-of-force cases, for both defense and prosecution. His dissertation focused on police officer use of force in developing countries. Brian Dunn clearly qualifies as a use-of-force expert.