by Mark M Bello
“A compelling speech, Officer Simpson. We will, indeed, contact you when we decide how we are going to move forward on these issues.” Chief Brooks is impressed with the rookie. “Anyone else?”
“Yes, sir,” comes a voice from the back of the room.
A middle-aged, white officer stands.
“Your name, officer?” Brooks prompts.
“Shannon, sir. Rick Shannon. I have been a cop for more than twenty years. I have seen a lot of things and met a lot of people. Some were bad, some good. Some were white. Others were people of color. Color does not determine a person’s decision to do good or evil.
“Many people thought racism was officially over with when we elected a black man to be President of the United States. However, not long after that election, we received numerous complaints police officers were killing black men with little or no justification. These complaints resulted in the Black Lives Matter movement.
“The fact police officers have also been killed has been virtually ignored. I believe white Americans, especially white police officers, are very uncomfortable talking about race in America. So, this is an essential conversation.
“No one wants to be accused of racism, but it is alive and well. We have to discuss it, get to the root of why these deaths are occurring, and take steps to prevent them from happening in the future. We also have to protect our officers from harm. It is a delicate balance. Perhaps those discussions can begin tonight, right here, right now.”
“Thanks, Shannon. Anyone else have anything to say?” Brooks is encouraged by these remarks.
“Sir?”
The voice belongs to a young officer in the first few rows. He stands and turns backward and forward to acknowledge fellow officers in all directions.
“My name is Ryan Jenson, sir, and as I understand things, Sir, you believe the threat to Mrs. Hayes might have come from someone in the Cedar Ridge Police Department or a friend or family member of one of us. Is that what you are thinking?”
“I’m glad you raised that issue, Jenson. Everyone in this room is an officer of the law. We must uphold the law, not break the law. If any of us are sympathetic to this caller or, worse, if anyone in this room is the caller or knows the caller, I urge you to do your duty.”
“Sir?” A young black officer stands. He is one of only three black men on the Cedar Ridge police force.
“My name is Alton Greenfield. Most police officers I know are color blind, but it only takes one or a few to give all of us a bad name. When police brutality claims the life of a young, innocent black man, we can call that an anomaly, a bad act committed by a bad cop.
“But when we see multiple instances of young unarmed black kids gunned down by police officers, not only here in Cedar Ridge, but all over the country, we have a responsibility to do something about it, to set a better example. We must stand up and say ‘Black Lives Matter, young lives matter, all lives matter.’ This gathering is a good start.
“How we treat Sarah Hayes is important. But we must follow up this meeting with a call to action. I do not want to see any innocent citizen, white or black, killed unnecessarily by a police officer. When something like this happens to a black kid, my natural instinct is to say, ‘Thank God it’s not my kid’ or to ask, ‘What if that were my kid?’ Wouldn’t any officer feel the same way if a person of their race was killed? I agree with Simpson, sir. Sign me up.”
The audience breaks out in spontaneous applause. Several officers offer comments and suggestions. Many more volunteer to be part of a task force. It appears the group is appalled by the behavior of the person who telephoned Sarah Hayes. Chief Warren Brooks can only smile and be proud of this display of unity and courage.
Chapter Twenty-Five
Sarah Hayes is more determined than ever to pursue justice for her slain husband. If the threatening caller intended to scare her into dismissing the case, his attempt is a dismal failure.
Instead, the call inspires her, invigorates her, and makes her more eager than ever to move the case forward. Zachary Blake shares Sarah’s enthusiasm, but his pace is deliberate. His strategy must be calculated.
Cedar Ridge is an overwhelmingly white city, yet, in the two years leading up to the death of Marcus Hayes, more than thirty percent of the city’s traffic stops and forty-five percent of the arrests were of blacks, both citizens and visitors.
In cases where an officer has discretion, like jaywalking, statistics reveal blacks were cited at more than twice the rate of whites. In Blake’s judgment, the statistics lead to only one conclusion: The Cedar Ridge Police Department is systemically racist. Consciously or unconsciously, its officers are routinely violating the constitutional rights of black people. Armed with this knowledge and these statistics, Blake takes the deposition of Officer Alexander Mickler, the first officer to arrive at the scene of Marcus Hayes’s death.
Steve Adler appears as the city’s representative. Apparently, Kyle Murray’s performance did not impress his superiors. Blake qualifies Mickler as an experienced Cedar Ridge police officer and bores in on the substantive issues in the case.
“Officer Mickler, you are still with the Cedar Ridge Police Department, are you not?”
“Yes, I am.”
“And were you so employed on the night of Marcus Hayes’s death?”
“I was.”
“What was your rank at the time of the incident that led to this litigation?”
“I was a patrol officer.”
“And your rank today?”
“The same.”
“You work the evening shift, correct? The same shift as Officer Randy Jones?”
“Yes.”
“Were you on duty on the night Officer Jones pulled over the vehicle driven by Marcus Hayes?”
“Yes, I was.”
He’s been coached. He’s keeping his answers to my specific questions. Let’s see if I can shake him. “I assume that means that you were in the city that night, somewhere, on patrol.”
“That’s correct.”
“And while you were on patrol, a call came in from Officer Randy Jones, is that correct?”
“Yes.”
“Where were you and what were you doing at the time of Officer Jones’s call?”
“I was at Vinewood and Ninth in the City of Cedar Ridge waiting for the owner of a building to arrive to open the door. The building was the site of a possible breaking and entering.”
“How far was that from where Officer Jones pulled over Marcus Hayes?”
“Not far. Minutes away.”
“When Jones called you, what did he say?”
“He was pulling over a vehicle and read me the plate number.”
Pulling teeth. “Did he say anything else?” Blake presses.
“He thought the driver and passenger looked like the Burger King robbers. He agreed to wait for me before approaching the vehicle.”
“Jones also mentioned he didn’t get a good look, didn’t he?”
“He might have mentioned that.”
“But he was going to pull them over anyway, wasn’t he?”
“Yes.”
“Did Jones suggest the driver had done anything to warrant being pulled over?”
“I don’t know what you mean.”
“Had the driver broken any traffic laws? Was he speeding? Did he make an illegal turn? Did his vehicle have any defective equipment?”
“Not that Officer Jones made me aware of.”
“So, Jones had no legal basis to pull the vehicle over, correct?”
“I wouldn’t say that. Jones claimed he had a reasonable suspicion the driver and passenger resembled the Burger King robbers.”
“Reasonable?”
“That was the word Jones used.”
“And was it?”
“Was it what?”
“Reasonable.”
“Was what reasonable?”
“Jones’s suspicion that the occupants resembled the Burger King robbers.”
“H
ow would I know? I’m not Jones.” Mickler squirms in his seat.
I’m getting under his skin. “How would you know? You went to the scene, true, Officer Mickler?”
“I did.”
“And what did you find when you got there?”
“Officer Jones was standing outside of his vehicle to the side of what I presumed was the vehicle he pulled over. I approached the vehicle and looked inside. The driver was slumped over, bleeding, and appeared to be unconscious. I turned to Jones. He looked . . . agitated, dejected, confused. He had a ‘what do I do now?’ look on his face. A female passenger in the front seat of the suspect vehicle was screaming.”
“What did you do?”
“I inquired whether Jones called an ambulance.”
“Did he?”
“No. I immediately called central dispatch and ordered an ambulance to the scene, stat.”
“What does ‘stat’ mean?”
“Right away.”
“Did Jones say anything to you at that point?”
“He suggested I remove the female from the vehicle.”
“What did you do next?”
“I told Jones to go sit on the curb and ordered the female to exit the vehicle with her hands in the air.”
“Officer Mickler, what was the race of the driver and the front seat passenger of the ‘suspect’ vehicle, as you have referred to it.”
“African American.”
“Were you surprised at their race, officer?”
“I don’t understand what you are getting at, Mr. Blake.”
“It’s a simple question. Yes or no, were you surprised at the race of the two people?”
Adler has had enough. “Objection! Inflammatory! Badgering the witness!”
“I’ll take the answer over the objection unless you are instructing him not to answer, Mr. Adler. This is a simple question, and it deserves an answer,” Blake snarled.
Adler turns to Mickler. “Answer, if you can.”
“No, I wasn’t surprised,” Mickler admits.
“Was that because most of the people Officer Jones pulled over were African American?”
“Objection! The question is inflammatory and calls for speculation. Further, it assumes facts not in evidence. I instruct the witness not to answer.”
“No, Mr. Adler. I’d like to answer if you don’t mind,” Mickler insists.
Adler glares at Mickler. Is he trying to sabotage the defense? Whose side is he on?
“The Burger King suspects were black,” Mickler explains. “It stands to reason this driver and passenger were also black..”
“I withdraw my previous objection,” Adler interjects with relief.
Blake bores in. “Officer Mickler, are you personally familiar with the facts and circumstances of the Burger King robbery?”
“I am.”
“Are you familiar with the composite drawing of the suspects?”
“I am.”
“Are you also familiar with the department’s profile of the suspects?”
“I’m not sure what you mean,” Mickler hesitates.
“Do the suspects profile as male and female?” Blake demands.
“No.”
“Do the suspects profile as adults with small children or do they profile as teenagers?”
Blake leans in toward the witness. His eyes meet Mickler’s. He’s daring him to lie. Adler is powerless to prevent an answer.
“Teenagers,” Mickler concedes.
“They were profiled as male teenagers, correct?”
“Yes.”
“Were the driver and passenger in the suspect vehicle both male?”
“No, one was female, as I have already indicated.”
“Were driver or passenger teenagers?”
“No, they weren’t.” Mickler breaks eye contact and stares at the floor. He wants desperately to assist the defense, but the truth is standing in his way.
“In your opinion, did the people Officer Randy Jones pulled over that evening look anything like the composite drawing of the Burger King suspects?”
Mickler winces. “One had an Afro; the other had dreads, like the suspects.”
“Please answer my question, Officer Mickler,” Blake insists.
“Did the two people Jones pulled over look anything like the drawing?”
“No, they didn’t,” Mickler blurts.
“In your opinion, Officer Mickler, do all blacks look alike?”
“Objection. Inflammatory,” Adler shouts.
“Of course not,” Mickler grouses.
“There were two minor children in the back seat of the ‘suspect’ vehicle, were there not?”
“There were.”
“To your knowledge, were infant children present during the commission of the Burger King robberies?”
“No.” Smartass.
“Do the suspects profile as having children?”
“Objection! Calls for speculation.” Adler erupts.
“No,” Mickler concedes.
Did he deliberately ignore Adler? “Officer Mickler,” Blake continues, “did you subsequently learn what happened to the driver? The man you referred to as being in ‘bad shape?’”
“Yes, he’d been shot. He was DOA at Cedar Ridge General.”
“And so to clarify for everyone who reads or hears this testimony, what does ‘DOA’ refer to?”
“Dead on arrival.”
“He had been shot?”
“Yes.”
“How many times was he shot?”
“Four times.” Mickler again squirms in his chair.
“Did you determine who shot him?”
“Yes, I did.”
“Who shot him, Officer Mickler?”
“According to both the female passenger and Officer Jones, Officer Jones shot the victim.”
‘Victim?’ I love that choice of words. “Did you try to investigate the motive behind the shooting, Officer Mickler?”
“Jones claimed the victim had a gun in his possession.”
“How did Jones discover the victim had a gun?”
“Mr. Hayes told Officer Jones that he was carrying and had a license to carry.”
“In your vast experience as a law enforcement officer, does a person who intends to shoot a cop usually tell that cop that he is carrying?”
“Objection! Calls for speculation!” Adler screeches.
“I’ll take the answer,” Blake snaps.
“No, he does not,” Mickler admits. This is not going the way I hoped it would.
“Did you discover why Jones decided to shoot Marcus Hayes?”
“According to Randy, uh, Officer Jones, the victim was not obeying commands. After the victim indicated he was carrying, Jones demanded that he show his hands. Instead, the victim reached for something, and Jones could not see his hands.”
“Is that when he shot him?”
“That is my understanding.”
“Did a subsequent investigation determine what Mr. Hayes was reaching for?”
“Yes, his wallet to access his license, registration, and gun permit.”
“Which Officer Jones had requested he produce, correct?”
“Correct.”
“Would you say Officer Jones issued inconsistent commands to Mr. Hayes?”
“I don’t understand the question.”
Mickler understands the question perfectly. Blake presses for an answer. I will get the answer, one way or another.
“I’ll ask this question another way, Officer Mickler. During the stop, did Officer Jones ask to see Mr. Hayes’ license and registration?”
“Yes.”
“That’s routine procedure for a traffic stop, is it not?”
“Yes.”
“And did a subsequent investigation determine where the gun was kept at the time of the stop?”
“Yes, sir. It was in the glove box.”
“And what was in Mr. Hayes’ wallet that he had reached for in his left-hand pocket?”
/> “Among other things, his gun permit and his driver’s license and registration.”
“And so the record is clear, Officer Jones ordered Mr. Hayes to produce a license and registration, did he not, Officer Mickler?”
“The investigation and common sense reveals that he did.” Mickler feels terrible, helpless.
“A command to produce license and registration is inconsistent with a command to ‘show me your hands,’ is it not?”
“I suppose it is.”
“You suppose?”
“It is.” Mickler concedes.
“It is what?”
“Inconsistent.”
“When Jones called you to report that he was going to pull this vehicle over, did you give him any cautionary advice?”
“Yes, I told him to wait until I got there before he approached the vehicle.”
“Did he wait for you to get there?”
“No, he didn’t.”
“Why did you ask him to wait?”
“He indicated he might be pulling over the Burger King robbery suspects. I was concerned for his safety.”
“Did Jones say anything else about the victims?”
“He indicated they seemed ‘out of place’ for the area.”
“What did you take that to mean?”
“I don’t know.”
“You testified earlier, Officer Mickler, that at the time of this incident, you and Officer Jones were both patrol officers, is that correct?”
“Correct.”
“To your knowledge, had you both been trained in how to conduct traffic stops?”
“I don’t know about Jones, specifically, but I was trained, yes.”
“Where were you trained?”
“I started my training at Ferris State College. And both of us did in-house training at the department, through the CRLETC.”
“What does CRLETC stand for?”
“Sorry. It stands for ‘Cedar Ridge Law Enforcement Training Council.’ It is the formal training arm of the department. All continuing law enforcement training in Cedar Ridge is offered through the council.”
“Did Jones complete that training?”
“I don’t know where he received his education and training before Cedar Ridge, but I do know that he received CRLETC training because we trained together.”
“Do you know whether or not he completed the training, Officer Mickler?”
