by Mark M Bello
“She seems okay, Zack. Time will tell, I guess. Thanks for asking. Aisha checked out okay at Children’s Hospital, and she’s about to get a psychological evaluation for post-traumatic stress. Otherwise, I think we dodged a bullet this time. Aisha’s pediatrician claims this psych guy is the best in the business.”
“If he’s affiliated with Children’s, I’m sure that’s true, Sarah. If not, I know a terrific guy who treated some young clients of mine a few years back. How are you holding up?”
She called to bitch, but Blake was so quick with expressions of concern and follow up questions, she’s rethinking her intent. He is so disarming. Must be excellent in court. He probably has juries eating out of the palm of his hand.
“I’m fine, Zack. I called to ask whether you heard anything from Micah. He’s supposed to be watching out for us. What happened to our security detail?” Sarah is regaining her mojo.
“But for the initial telephone calls, there’s been no contact, nothing, not even the hint of a threat, Sarah. You’re at work, and the kids are in a licensed daycare facility with licensed, trained caregivers and aides. Sometimes, excuse my French, shit just happens.” Blake finds himself repeating, almost word for word, Love’s earlier defense.
“Well, it sure happened here. What about now?”
“Now, we don’t take our eyes off you or your loved ones until we get this guy. You have my word on that, Sarah.”
“I lost my husband, Zack. The thought of anything happening to my babies . . .”
“We’re on it, Sarah. I promise.”
“Okay then, moving on now, what’s going on with the case?”
“We’re about to take Chief Brooks’ deposition.”
“What’s he going to say? He’ll just deny everything, won’t he?”
“I wouldn’t be so sure, Sarah. We’ve uncovered lots of evidence to suggest otherwise.”
“Zack, I just went through three days of complete hell worrying whether my daughter would ever come home again. In my own city, the cops and the media put my child’s case on the back burner and prioritized the case of a white kid from the suburbs who’s been missing for weeks.
“If Aisha hadn’t been fortunate and more resourceful than the average kid her age, we might have had an unthinkable, terrible outcome.
My husband was gunned down before my own eyes by a white cop. I’m not naïve, Zack. We’re fighting a form of institutional racism that dates back four hundred years, is embodied in our constitution, and is still alive and well here in the Detroit area.”
“Sarah, I can’t begin to understand what you’re going through. It’s hard to argue with your logic. No white person could possibly understand what it is like to be black in America, even someone like me, a descendant of Holocaust victims and survivors.
“I’ve been a lawyer in Detroit for a lot of years. I’ve seen the system up close and personal. I’ve seen the charging differences, the sentencing differences, blacks in white towns harassed and pulled over for the crime of simply being there and being black. But, there are pockets of resistance. There are people out there who are trying to make a difference. I believe Chief Brooks might be one of those people.”
“Like Billy Ellington in Detroit and Steve at Nana’s in Cedar Ridge. I don’t even know his last name.”
“Steve at Nana’s?” Blake’s confused.
“It’s the restaurant Aisha walked into after she escaped from the bad guys. Mr. Steve and the people in that restaurant were incredible. We were the only black people in the place—in the middle of one of the biggest nightmares ever, those people were very uplifting.”
“See? There’s still hope for the world.”
Sarah imagines Blake in his office, standing at his desk with that cocky demeanor and those blue eyes . . .
“You are something, Zachary Blake. You must really charm those jurors, especially the ladies.”
“You’re not the first to notice my considerable charm.”
“And your astounding humility?”
“That too. I am very humble.”
Sarah laughs and then immediately becomes serious again. “I need you to be Marcus’s champion, Zack. I must have justice. I need his death to count for something, to be an agent for change. Otherwise, he lived and died for nothing. I’m counting on you.”
“I won’t let you down, Sarah. And Marcus didn’t live or die for nothing. His life had an impact, especially on you and your children. He’ll live on in those beautiful kids. As for the case, it’s having an impact on the City of Cedar Ridge and the Cedar Ridge PD. You’ll see. I promise.”
“Make sure you give Micah some shit before you tell him that I forgive him. Don’t let him off too easy.”
“I love giving Micah shit. I will lay some tremendous guilt on that guy. You have nothing to worry about on that score.”
“But plenty to worry about.”
“What do you have to worry about, Sarah? We are on this case. Aisha is home safe. You’ve got two great kids and a terrific new job. And I’m extremely confident you are about to change the culture of Cedar Ridge. Chin up, kid.”
“There you go again, with that charm stuff. I’ll bet your eyes sparkle in the sunlight. You were quite the ladies’ man in your day, weren’t you? Your wife better watch out and protect her turf, Zack.”
“She has me completely tamed. I can assure you of that.”
“Well, she’s a lucky woman.”
“No, I’m the lucky one.”
“So, when is this chief’s deposition?”
“Day after tomorrow.”
“Get him, Zack.”
“I will Sarah.”
“I’ll let you get back to it then.”
“Thanks, Sarah. Give those beautiful kids a kiss from their Uncle Zack.”
“I will.”
Chapter Thirty-Eight
“All evidence points to the fact that a Cedar Ridge cop kidnapped this six-year-old little girl to pressure my client into dropping this lawsuit. Am I missing something? What are you guys doing to find this guy and when will the Cedar Ridge Police start enforcing rather than breaking the law?”
The attorneys are at Chief Warren Brooks’ deposition in Steve Adler’s lavish suite of offices at the top of Renaissance Center. Blake stares down Adler before the deposition. Adler’s defensive. Chief Brooks remains silent.
“We have the composite drawing, Zack. We have people running photos of every cop on the force. Was this one of ours? Who knows? The guy could be a security guard, for all we know. Shit, man, a ‘guy in a blue suit’ could be a maintenance guy,” Adler argues.
“He’s a cop. You guys know it. I know it, and Sarah Hayes knows it. Don’t play innocent with me and do not, under any circumstances, take your foot off the gas. It’s full speed ahead. Find this guy.”
“We are looking at leads from all sources,” Chief Brooks advises.
“I certainly hope that’s true, Chief. My client is very upset.”
“Feeling guilty, I suppose,” Adler smirks.
“Guilty? For what, may I ask?” Blake’s incredulous.
“This lawsuit created the whole mess.”
“No, Steve, an asshole cop who broke laws he swore to enforce created this whole mess. Are you serious with this shit?”
“You can’t deny that the kidnapping doesn’t happen without the lawsuit, Zack.”
“Answer this question, Steve. How many lawsuits have you defended in your career?”
“Thousands.”
“And how many resulted in the abduction of the plaintiff’s child?”
Adler sighs and rolls his eyes. “Only this one, Zack,” he concedes.
“And whatever you may think of the city’s behavior, you can’t honestly say you didn’t expect a lawsuit over the Hayes shooting, can you?”
“No, I can’t—not in this litigious society that we live in today,” Adler huffs.
“Give me a break, Steve. This so-called ‘litigious society’ is a myth. With law
yers handling cases on a contingency basis, laying out millions of dollars and not getting paid unless they’re successful, how does that square with what you’re saying?”
“You don’t think that the country is lawsuit happy? How about all of these lawyer ads on TV and all the billboards we see all over town?”
“I’m not a fan, but that’s not the point.”
“What’s the point?”
“That people, corporations, and government agencies keep fucking up and should be held accountable for their actions. Insurance companies love to take premiums and then smear plaintiffs or trial lawyers in a concerted effort to avoid paying out benefits. Corporate America and the US Chamber of Commerce scream ‘junk lawsuits’ every chance they get. They want damages caps and will buy legislators to get them. What ‘junk lawsuit’ needs a damages cap? It’s a farce.
“Big business isn’t after ‘junk’ cases. They want to minimize the impact of serious cases. It’s all about the corporate bottom line. Lawsuits and lawyers make wrongdoers pay what they should have paid in the first place.
“Citizens shouldn’t need lawyers and lawsuits for fair compensation, but they can’t count on your clients to do the right thing. How safe would we be if we allowed corporations to do whatever they wanted without accountability?
“Lawsuits hold these bastards accountable and make the world safer. Of course, you disagree; everyone you represent is innocent. Is that what you’re suggesting?”
“Of course not.”
“Then, let’s simply agree to disagree, shall we?” Blake shakes his head in disgust. He turns to Brooks.
“Ready for your deposition, Chief?”
“Ready, Mr. Blake. Fascinating discussion,” he chuckles.
Blake turns to the court reporter. She is set up across from Brooks.
“Ready, Judy?” Judy is Blake’s other favorite reporter. Comfort and trust are essential in the legal business.
“All set.”
“Let’s proceed. On the record.”
Instantly, the men are in combat mode. Blake begins with Brooks’ background, his education, and work experience. He’s had a stellar career and has an impressive resume. The man could qualify as an expert in police procedures and conduct on any other case.
After prodding through the preliminaries, discussing career milestones, promotions, and Brooks’ extensive resume, Blake moves to the issues central to the case. Is there systemic racism in the Cedar Ridge Police Department? Are Cedar Ridge cops trigger-happy when it comes to black residents and visitors? Is there a police brutality issue?
“Chief Brooks, are you a member of the International Association of Chiefs of Police?”
“Yes.”
“When did you become a member?”
“When I was promoted to Chief more than twenty years ago.”
“As Chief of Police in Cedar Ridge, are you familiar with the new consensus use-of-force policy that’s been adopted through the IACP and eleven other similar organizations?”
“Broadly. When we adopt policies or revise them, that is one of the resources we use. I know they frequently update these policies and I believe they issued a new policy or a policy upgrade after the incident in Ferguson. Is that what you’re referring to?”
“So, you are familiar with the IACP model policies?
“Yes. As part of our IACP membership, we are provided access to those.”
“Do you review these policies regularly?”
“I wouldn’t say that, but I get all of their e-mails. When something comes up that affects Cedar Ridge, I or one of my lieutenants study them. We also use their position papers and training keys from time to time.”
“What are training keys?”
“They are concise, authoritative sources of law enforcement information contained in loose-leaf binders. They contain model practices and procedures on a variety of subjects and help us sharpen our skills or expand our knowledge in a particular area. I am reasonably certain each key is prepared by a leading expert on the particular subject a chief or a lieutenant might be interested in.”
“And position papers?”
“Those are official positions that the ICAP takes on particular topics. We certainly take notice of their positions. They are usually consistent with our situational concerns.”
“Can you provide an example?”
“Sure. The ICAP has a position paper on firearm violence that I think is of vital importance. Police chiefs all over the country are concerned with firearms violence and particularly interested in ways to prevent it. The assault weapons ban in 1994 was particularly effective in reducing gang violence, for instance, because assault weapons are the weapons of choice for gangs.
“For the ten years the ban was in effect, violent crime committed by assault rifles dropped sixty-six percent. There are position papers on all kinds of things, from body armor to concealed weapons laws. These are common-sense law enforcement recommendations.”
“Are there policies on the appropriate use of force?”
“Yes, absolutely. In 2016, the ICAP put out a definitive guide for law enforcement leaders regarding officer-involved shootings. These included incident scene actions and procedures, criminal and administrative investigation procedures, working with the media, and mental health and wellness considerations for both citizens and officers.”
“Does Cedar Ridge follow these policies and recommendations?”
“Yes. But there are limits. Not every city or situation is the same. That is the problem with uniform policies. For the most part, these are common-sense recommendations and policies. We implement and follow them as best we can.”
“Do you always succeed?”
“Not all the time. Almost all the time, though.”
“Is the Hayes case an example of one where set policies were not followed?”
Adler interrupts. “Objection! Calls for a conclusion and for facts not in evidence.”
“I’ll take the answer. This man is in charge of setting protocol for Cedar Ridge police officers to follow in traffic stops like the one that is the subject of this litigation. These policies and protocols are at the heart of this lawsuit. This is discovery, and this witness is clearly an expert in this field,” Blake trains his eyes on Brooks, brushing Adler’s objection off like an annoying fly.
Adler gestures to Brooks to answer.
“Obviously, yes. Many of the measures we have implemented to reduce these incidents were in play here, body cams and microphones, dash cam video, and vehicle stop and approach training, to name a few, but, despite all of these preparations, this tragedy still occurred. We must do a better job, especially in the mental health area. Our policies on race and racial profiling are under review following this incident.”
Adler squirms. Zack is surprised at Brooks’ candor. This helps the case. He presses on. “How do you mean, Chief Brooks?“
“Well, from a mental health and racial sensitivity standpoint, we failed both Mr. Hayes and Officer Jones. Apparently, we failed to see the warning signs regarding Officer Jones’s treatment of people of color. His suicide would suggest that other mental health issues could have and should have been addressed. Still, an officer-involved shooting is an infrequent occurrence.”
“Do you believe the Hayes shooting was justified?”
“Objection!” Adler screeches. “Calls for a legal conclusion.”
“He’s the Chief of Police. He’s an expert. His previous testimony about his experience and credentials qualifies him as an expert. I’ll take the answer.”
“To be determined,” Brooks hedges.
“It’s been almost a year. It is still undetermined?”
“Yes.”
“What, if anything, would you have done differently?”
“Well, we followed most of the training protocols pre-incident, yet the shooting still happened. So we need to review those protocols. A systemic breakdown failed Mr. Hayes and his family. Post-incident, we have handled the situation
reasonably well, except, of course, when it comes to Officer Jones’s mental health. We failed him and his family.”
“Were there any warning signs, workers’ compensation, disability filings, or the like that would have alerted you that Officer Jones had some type of mental health issues?”
“No.”
“There was another incident involving Jones and a black motorist, was there not?”
“Yes, but it was a somewhat different set of circumstances. Jones was issued a warning and sent to sensitivity training, which he passed with flying colors. We thought we had it under control. Obviously, we were wrong, but not negligent.”
Adler likes that answer much better, and Blake takes it in stride. The deposition is a clear net positive so far. Blake knows the previous incident is similar to the Hayes incident, but he wants and expects Chief Brooks to continue to cooperate. Don’t get in his face about the prior act. It’s a distinction without a difference. If the chief continues to testify this way, I can use his testimony to obtain a terrific result in this case without having to go to trial.
“Did Jones pass all fitness-for-duty examinations?”
“Yes, he did.”
“No signs of post-traumatic stress or anxiety disorder at any time?”
“Before or after the Hayes matter?”
“Before.”
“No.”
“Whose decision was it for Jones to be on patrol?”
“Mine and his captain’s.”
“Did he have a psych exam before he was released to patrol the streets of Cedar Ridge with a gun?”
“Yes.”
Blake turns to Adler. “Steve, do you have those records?”
“Records will be produced pursuant to the discovery order.”
Again, Blake brushes him off. “Did you see the report of Officer Jones’s psychiatric exam, Chief Brooks?”
“I’m sure I did, but I don’t remember.”
“But a doctor would have to clear him for active duty, right?”
“Right.”
“Chief, did you review the body and dash cam videos of this incident?”
“I did.”
