Saving Room for Dessert

by K. C. Constantine

  “Talk to them, don’t talk to me,” Minarcin said.

  “We will,” Carlucci said. “We have no choice. I just wanted to make sure you were open to the possibility that there might be another reason why Mr. Buczyk here is havin’ problems with his hearing, okay?”

  “Okay, I understand.”

  “Well, Mr. Buczyk, are you? You talked this over with your counsel, your hearing any better?”

  “Maybe.”

  “Aw c’mon, Jesus. If anybody knows, you know that Officer Rayford gave half a dozen verbal commands and warnings before he fired those shots.”

  “Mr. Buczyk seems to me to be a perfect candidate for ARD,” Minarcin said.

  “You discuss that with whoever you talked to in the DA’s Office?”

  “I did.”

  “What’s ARD?” Buczyk said.

  “Accelerated Rehabilitative Disposition.”

  “What’s that?”

  Carlucci started to answer, but Minarcin held up his hand. “Allow me, okay? Joe, ARD is a discretionary program whereby first offenders are given an opportunity to rehab themselves, enter some kind of treatment or perform some kind of community service instead of being incarcerated. They’re all different, depending on the trial judge, and the nature of the offense. The state likes it because it dispenses with a trial, the defendants like it because if they complete their program, whatever the judge sets up, they have their record expunged, and it’s like they didn’t do what they did. It’s like their history didn’t happen. You follow?”

  “Oh. And what do I gotta do to get this, uh, this RAD?”

  “ARD.”

  “Huh?”

  “You said RAD. It’s ARD.”

  “Oh. So what do I have to do, to, uh, to get this ARD?”

  “May I answer?” Carlucci said.

  “Be my guest,” Minarcin said.

  “Your hearing has to improve a hundred percent, that’s all. And you have to say there was nothin’ wrong with your ears whenever Officer Rayford’s hearings start. And there’re gonna be at least two of them. There’s gonna be one in front of an ad hoc committee appointed by the Safety Committee to investigate this shooting. Then there’s gonna be one in front of the Safety Committee, and depending on what happens in those, there could be one in front of the full council. And dependin’ on how they rule, there could be a criminal trial. And dependin’ on how that goes, there could be a civil trial, ’cause your neighbor retained counsel after he woke up from his surgery. So you have to remember, first, that what you said in your two previous interviews with me was that you didn’t hear him, Officer Rayford. And people who wanna see Officer Rayford hung out to dry are gonna start bustin’ your balls about what made you change your mind and what made your hearing improve, you get it?”

  “I think so.”

  “Ever been cross-examined, Mr. Buczyk?”

  “No.”

  “Then you don’t know what it means to get your balls busted big-time. And they’re gonna get busted big-time, believe me.”

  Buczyk shrugged and looked at his attorney, who shrugged back.

  “Okay,” Carlucci said. “I’m gonna turn this recorder back on now, and we’re gonna start over, okay?”

  THE MEETING of this committee investigating the shooting of Peter John Hornyak, age forty-six, of 214 Jefferson Street, City of Rocks-burg, Commonwealth of Pennsylvania, will now come to order. For the record, my name is Mrs. Anna Mae Remaley. I was appointed chairperson of this committee by Mayor Angelo Bellotti. Other members of the committee present are City Councilman Egidio Figulli, representing the Safety Committee and the Streets and Roads Committee, and City Councilman Thomas Trautwine, rep-resenting the Recreation Committee and the Electrical Committee. Counsel for the committee is Rocksburg City Solicitor Arthur B. Hepburg, Esquire.

  “For the record, this hearing is being held in City Council chambers of Rocksburg City Hall. It’s now ten minutes after 10 A.M., Monday, May 3rd, 1999. This inquiry is being recorded on audiotape. Should any participant wish to have the tapes transcribed, the costs will be borne by the participant who so wishes the transcription.

  “My charge, as given me by Mayor Bellotti, is to lead the inquiry into the shooting of Mr. Hornyak on Friday, April 16th, 1999, at approximately 7:30 P.M. by Rocksburg Police Department Patrolman William Milton Rayford, shield number 529. Officer Rayford resides at apartment 4A, 335 Detmar Street, Rocksburg, PA. For the record, Officer Rayford is thirty years of age and has served with the department for nearly six years.

  “The shooting incident being investigated by this committee—”

  “Madam Chairperson,” said a tall, stooped, balding man in a rumpled suit. He raised his right hand as he stood.

  “Yes?”

  “Surely that’s not the end of the exemplary performance of Officer Rayford you’re going to enter into the record here today?”

  “Uh, would you state your name and say why you are here?”

  “My name is Panagios Valcanas. I’m an attorney, and I’ve been retained by Officer Rayford to represent him in this inquiry.”

  “And I take it you have something you wish to add to Officer Rayford’s record, is that it?”

  “Yes, ma’am, I do.”

  “Well I have no objection. Do I hear any objection?”

  Councilmen Figulli and Trautwine shook their heads and said no.

  “Then you may proceed, sir,” Mrs. Remaley said brightly.

  “Thank you, Madam Chairperson. I want it on record that my client, Rocksburg PD Patrolman William Milton Rayford, served four years in the United States Air Force, three years and nine months of which he served as a military police officer, either in training or on active duty. In that capacity, he served with distinction. He received six letters of commendation, two meritorious promotions, was awarded the Good Conduct Medal, and upon his honorable discharge was recommended for reenlistment. I wish it further added to this record that Officer Rayford, in his tenure with the Rocksburg PD, has served with no less distinction. He has received two letters of commendation, he’s passed the sergeant’s test, and is, pending the outcome of this proceeding, being considered for promotion to the rank of detective sergeant.”

  At that point, attorney Valcanas held up his hand as though to ask for a moment. He took out his handkerchief and sneezed strenuously three times. “Spring allergies, Madam, excuse me.”

  “Well God bless you, Mr. Valcanas, and thank you. The record will so note Officer Rayford’s past service to his country and his ongoing service to this city.”

  “Excuse me, Madam Chairperson, I wasn’t finished.”

  “Oh.”

  “Thank you. I just want to make it clear for the record that Officer Rayford has not been suspended by his superiors in the department for any reason related to this shooting, nor have they assigned him other, less rigorous duties pending the outcome of this inquiry. In other words, his superiors continue to demonstrate full confidence in his ability to perform his normal and routine duties as he has for nearly six years. And while they have questioned him rigorously on numerous occasions about the particulars and details of this alleged incident, they have in no way indicated that they doubt his capacity for truth and veracity. That’s all, Madam, thank you.”

  “So noted, Mr. Valcanas,” Mrs. Remaley said. She turned to the tall, paunchy, woolly-haired man to her far right and said, “Solicitor Hepburg, are you ready to proceed?”

  “I am, Madam Chairperson.”

  “Do you have an opening statement?”

  “No, ma’am, I do not. I think that the charge of this committee will best and most quickly be served if we merely question the witnesses.”

  “I could not agree more. Please call your first witness.”

  “Call Peter Hornyak.”

  Rocksburg PD Patrolman Lawrence Fischetti was guarding the door to council chambers. He opened it, pointed his finger at someone, beckoned that someone to come in, and then held the door as Peter Hornyak hob
bled in on crutches, his right knee held at an angle by a sort cast.

  Hornyak made his way to the chair positioned to the right of the committee’s table. The chairperson asked him to raise his right hand and to place his left hand on a Bible Fischetti was carrying and asked him if he swore to tell the truth, the whole truth, and nothing but the truth, so help him God.

  “I do,” Hornyak said, and sat down with a thump and a wheezy grunt.

  Solicitor Hepburg asked Hornyak to state his full name, address, and occupation. Hornyak gave his name and address and then said that he was presently on medical leave of absence from his job at Home Depot.

  “And why is that, sir?”

  “’Cause my kneecap’s shattered. I was shot by that cop sittin’ right there,” he said, pointing at Rayford, who was sitting in the front row of seats beside his attorney.

  Valcanas raised his right hand, stood up in a kind of semi-crouch and said, ldquo;Madam Chairperson, before we get a minute further into this proceeding, I have to ask, what rules are we going to play by here? Are witnesses going to be allowed to editorialize, make unfounded accusations, as this witness just did here, and do I have the right to object to that kind of response? How’re we going to do this, I mean, I fully realize this is not a court of law, but I think it is unreasonable to think I’m going to sit mute while a witness makes an unfounded accusation.”

  “C’mon, Mo, sit down,” Councilman Figulli said. “You know your guy shot him, he knows he shot him, everybody knows he shot him, this ain’t a trial, I mean, if your guy didn’t shoot him, what’re you doin’ here?”

  “That’s an interesting way to phrase it, Councilman, but, uh, what I’m doing here—and counsel Hepburg knows what I’m talking about—is trying to determine if there’s going to be any protocol to the introduction of evidence, as there is in a criminal trial. I want to know if that protocol is going to be followed here or just what the rules are here. Or are witnesses going to just yak away whenever they feel like it. Now either there’s gonna be some coherence to this proceeding or there isn’t. Because at this point, what I know, or what you claim I know, Councilman, or what you claim the mythical everybody knows, is irrelevant until such time as evidence establishing that has been introduced within the framework of this inquiry. Is this gonna be a free-for-all, or is there gonna be some rationale to it?”

  “Counsel makes a good point,” Hepburg said, turning to the committee. “Madam Chairperson, I would ask you to please inform the witness that he is to answer the questions and only the questions that are asked and not comment or editorialize in any way. If he does that, and only that, I’m certain we’ll get to the facts of the incident with due dispatch.”

  “Well, I appreciate your concerns, of course, both of you,” Mrs. Remaley said, “as long as you both understand that the committee reserves the right to question the witnesses when you’ve both completed your questioning. Is that understood? Mayor Bellotti gave me his word that my right to question any witness would not be obstructed by anybody in any way.”

  “Counsel?” Hepburg said, looking over his reading glasses at Valcanas.

  “I understand,” Valcanas said. “As long as the chairperson understands that I will object to her questions if I find them objectionable and that if I do we will find ourselves in the unusual position of having objections ruled on as to their merit by the interrogator who is being objected to—in which case I have no idea to whom I can appeal her ruling. Which is a question I meant eventually to ask, that is, who is the next higher authority in this matter?”

  “Well that would have to be the full Safety Committee of City Council, wouldn’t it?” Mrs. Remaley asked. “Mr. Hepburg, isn’t that what you think? I mean who else would it be?”

  “My question is not so much who it is, Madam Chairperson,” Valcanas said. “My question is whether any ruling made here by this committee, or any member thereof, whether any ruling can be appealed to somebody, that’s what I’m asking. Who that somebody might be is of secondary importance, from my point of view.”

  “Well I don’t see the distinction there, but, uh, why not—Mr. Hepburg, do you agree? I mean we are going to submit our report to the Safety Committee, and it’s my understanding they will have their own ruling on our findings, and the, uh, the full council will eventually rule, won’t they?”

  “And I am to understand that any ruling, by any of these committees, that any and all rulings and findings can be appealed eventually to the Court of Common Pleas?” Valcanas said.

  “Mr. Hepburg?”

  “I don’t see why not.”

  “Fine,” Valcanas said, resuming his seat. “I just wanted it on the record. Nothin’ like knowin’ where you can go if you don’t like the show.”

  “Excuse me?” Mrs. Remaley said, eyebrows arched ominously.

  “I beg the committee’s pardon for my levity,” Valcanas said.

  “Levity? You think that was funny? What are you implying? You implying this is nothing but a show? I hope that’s not what you’re doing, Mr., uh, Mr.—”

  “Valcanas, ma’am. Do you want me to spell it?”

  “Mr. Valcanas—no, you don’t need to spell it, I’ve heard of you. But I want to assure you this is anything but a show. An unarmed citizen of this community was shot and permanently injured by an armed officer of this community’s police department, and I find nothing funny about that—”

  “Objection, ma’am. Strictly speaking, we still have no evidence that anybody shot anybody—”

  “Why the man’s sitting right there, he walked in here on crutches, the only answer he was allowed to give before you interrupted him was he said he’d been shot by the officer sitting next to you, what more evidence do you need?”

  “Oh, Madam Chairperson, I need a lot more than that. The witness’s assertion is not evidence, it’s merely an allegation. You see, I was not present when the alleged shooting occurred, and if I might make an assumption here, I doubt that you were either, and furthermore, what I see in the witness chair is a man, with crutches, wearing a soft cast on his right leg, but all I’ve heard so far is his allegation, number one, that his kneecap was shattered by a bullet, and, number two, that my client fired that bullet, but since I’d never seen this witness until just a few moments ago, I have no way of knowing his capacity for truth and veracity. In other words, Madam Chairperson, while it seems obvious to me you’ve accepted the witness’s story in its entirety before he’s even had a chance to tell it in any detail, I must say that I am somewhat skeptical by nature and that I require more than a mere allegation by a witness of unknown character that an event happened the way he would like you to believe it happened. I apologize for taking up so much time with my objection.”

  “Why you sat right there when I called this committee to order, this inquiry to order, and I said specifically that, uh, that Mr, Hornyak had been shot—”

  “That you did, Madam. But that was merely your assertion—”

  “Merely my assertion? Why the whole town knows this!”

  “I’ve lived here all my life, Madam, and I know no such thing.”

  “Well you’re just being a lawyer, that’s all! You’re just trying to get your client off no matter what!”

  Valcanas cleared his throat and quickly swallowed his smile. “I’ve never heard it put quite that way, Madam, but, uh, I agree, yes, I am just being a lawyer. And if my client is going to be tried here on politicians’ assertions and allegations, then you can bet everything you own that I will get my client off no matter what. Or die trying.”

  “I beg your pardon, I am not a politician!”

  “You were appointed by a politician, Madam, it amounts to the same thing—”

  “I’ll ignore that because we have proof—overwhelming proof I might add—that your client shot Mr. Hornyak!” Mrs. Remaley said, her face reddening. “Your client’s own written report, for God’s sake, of what happened, and … and, there are medical reports, there are reports from emergency m
edical technicians who took him to the emergency room, and reports from the doctors who operated on him—”

  “So you say, Madam, so you say. But as yet none of these documents have been introduced as evidence. Neither you nor any member of this committee has thus far presented one shred of evidence—”

  “Because you won’t sit down and shut up—”

  “I object to your tone and diction, Madam—”

  “And I object to you standing up every time anybody says anything and objecting to everything that anybody’s trying to do here!”

  “Counsel,” Valcanas said to Hepburg, “perhaps you could ask for a long recess and introduce Madam Chairperson to the Rules of Evidence—”

  “Don’t you patronize me, I know what you’re trying to do—”

  “I’m trying to make sure my client gets a fair and impartial hear-ing according to the Rules of Evidence codified by the legislature of this commonwealth over the past couple of centuries, not to mention his rights under the federal Constitution—”

  “Don’t mention anything else, you’re out of order! Sit down!”

  “Once again I object to your tone and diction, Madam.”

  “I don’t care what you object to, sit down!”

  “I believe now the record shows that the committee chairperson apparently believes she has been appointed queen for the duration of this inquiry—”

  “Oh that’s enough out of you! Officer? Officer? You in the back there?”

  “Yes, ma’am?” Patrolman Fischetti said.

  “Remove this man!” Mrs. Remaley pointed her finger at Valcanas.

  “Excuse me?”

  “Remove him! He’s out of order!”

  “Madam Chairperson,” Counsel Hepburg said, walking slowly toward her. “You can’t do that, ma’am.”

  “What? Why not? Who says I can’t? That man’s contemptible! He’s doing everything he can to obstruct this inquiry!”

  “Uh, Madam, he’s defending his client—”

  “Defending his client?! He won’t let anybody get a word in edgewise! Anytime anybody says anything he’s raising his hand and objecting. We’re not going to get anything done that way—”