Collision Course (A Josh Williams Novel)

by Joe Broadmeadow

  "Now Doctor, let me draw your attention to another part of the report. You described previous injuries to the body."

  "Yes, there was extensive prior damage, medically treated, consistent with explosives and gunshots."

  "In particular, would you re-read this highlighted section?"

  Taking the report, Dr. Warrish read "The leg wounds likely limited mobility of the limb," handing the report back to Fleming.

  "In your opinion Doctor, would Mr. Machado have been able to run or crawl with that injury?"

  "His movement would have been restricted; he could move the limb to walk, although with apparent difficulty. Running would be severely restricted as far as movement with any rapidity.

  As to crawling, since that would require him to retract and extend the leg fully in order to contribute to the motion, I do not think he could crawl effectively."

  "Now Doctor Warrish, did your examination of the body find any gunshot residue?"

  "It did, there were small amounts of gunshot residue on Mr. Machado's chest and skull. I recovered and analyzed these with Scanning Electron Microscopy/Energy Dispersive X-ray Spectrometry. The fragments matched samples taken from the firearm used by Sergeant Williams."

  "In laymen's terms Doctor."

  "We used an electron microscope to locate and analyze gunshot residue. They were not visible to the naked eye. The recovered fragments compared to samples recovered from Sergeant Williams’s weapon were a match."

  "And Doctor, would you explain the significance of finding gunshot residue on Mr. Machado."

  "Yes, the presence of gunshot residue is useful for several reasons. It is helpful in determining entrance and exit wounds and it is indicative of the distance between the firearm and victim at the time of the discharge.”

  "Do you have an opinion based on these findings, as to how close the weapon was to Mr. Machado when it was discharged?"

  "I do, I would place the weapon with five to seven feet of the victim."

  "Thank you Doctor, I have nothing further, your Honor."

  "Mr. Bennett, do you wish to inquire?" Rodericks asked.

  "I do, your honor, if I may have a moment," leaning over to Josh he whispered, "he was crawling, correct?"

  "He was trying to; his right leg was moving and his left foot. He was dragging himself along on his elbow." Josh replied.

  "Thank you, your Honor,” rising from his chair, "Good afternoon Dr. Warrish."

  "Good afternoon, sir"

  "Doctor, is there any mention in your report of damage to Mr. Machado's arms, in particular, his elbows?"

  "May I have my report again?"

  "May I approach your honor?"

  "Please," Rodericks answered.

  Handing her the report, Warrish reviewed it for a moment and then said, "No, there were no findings of any injuries to the elbows."

  "Thank you Doctor, now are you familiar with the motion made by snipers, crawling on the stomach, using the legs and elbows to move?"

  "I am. I did five years as a field surgeon in the US Army after my residency."

  "Splendid, Doctor, and if I may, thank you for your service.”

  Warrish smiled, nodding her head.

  “Now, keeping in mind that type of motion, would Mr. Machado have been capable of such movement?"

  "Objection, your Honor," Fleming interjected, "on what basis can this witness answer such a question"

  "Overruled," Rodericks decided. "You opened this door yourself on direct." Turning to the witness, "you may answer the question, Doctor Warrish."

  "Well, his limited mobility would be specific to his left leg; he possessed full use of both arms and his right leg. I see no reason he would not be able to move in such a manner, albeit with little contribution by the left leg to the motion."

  "I see,” returning to the defense table and looking at his notes, "one last thing Doctor, are there any other ways that gunshot residue could end up on a victim?"

  "There is the possibility of transfer." The doctor answered.

  "Transfer? What is that?"

  "Often, particularly in police involved shootings, those involved have secondary, post-discharge, contact with the victim. They may be looking for vital signs, searching for other weapons, insuring the victim is under control."

  "Is there any way to differentiate between direct gunshot residue from the discharge and secondary transfer residue?"

  "If the weapon is very close to the victim at time of discharge, there would be what's known as tattooing. In essence, the hot residue burns a pattern onto the surrounding tissue. That is not evident in this matter. Also, the quantity of residue can be indicative of direct, as opposed to secondary, application of residue."

  "So in this case, in your expert opinion, can you be certain the residue was directly applied to the victim and not the result of secondary transfer."

  Warrish hesitated a moment, looked to the government's table, and then answered, "Based on the quantity of residue, I do not believe I can be certain as to its source. The possibility exists it was transfer."

  "Doctor, did you review all the police reports in this matter prior to conducting your examination?" Hawk asked.

  "My investigators review the reports and highlight significant matters that may affect my examination."

  "So, you didn't read the reports yourself?"

  "No, I did not."

  "Were you aware that Josh, Sergeant Williams, performed CPR on Mr. Machado immediately after the incident?" Hawk asked, looking at the jury.

  "Ah, no I was not made aware of that." Doctor Warrish answered.

  "Well, Doctor, now that you are aware, does it alter your opinion as to the source of the residue, or the proximity of the weapon to the Mr. Machado?" Hawk challenged.

  "My opinion was based on the assumption there was no post-discharge contact with the victim by the shooter, under the circumstances you describe I would not be able to tell conclusively, absent other indications."

  "Thank you, Doctor. I have nothing further your Honor." Hawk turned to the jury, smiled, and returned to his seat.

  "Ms. Fleming, re-direct?" Rodericks asked.

  Looking to Collucci, Fleming rose, "nothing further your Honor."

  "Doctor, thank you for your testimony, you are excused." Rodericks said, "I see it is now 4:20. Rather than starting with the next witness since I assume it will take more than ten minutes, we will recess for the day."

  Turning to the jury, "Let me remind you, ladies and gentlemen, not to discuss this case either among yourselves, or with anyone else. You are excused until 8:30 AM Monday morning. Thank you for your attention today. The Marshal will now escort you from the court."

  After the jury left, Judge Rodericks left the bench. As Hawk and Josh started toward the door, Collucci came over.

  "Mr. Bennett, would you like to discuss a possible plea in this matter? It would save your client from spending the majority of his good years in a Federal Prison," casting a glance at a glaring Josh.

  "Kiss my fucking ass, you motherfucking political whore," Josh lashed out.

  "Now, now Josh, calm yourself please. Mr. Collucci here is just starting to recognize that his case is about to collapse. I mean a number of rather harmless government witnesses have testified on the first day and they punched the first of what will turn out to be many, many holes in the government's case.” Hawk smiled.

  "I'll tell you what Robert, you dismiss the case right now and I can assure you we will not seek to sue your office, your pathetic political campaign chest, and your friends at the FBI for Malicious Prosecution." Hawk caught Collucci’s eye, holding the gaze.

  Then turning to Josh, "My boy, I think he believed we would seriously entertain such discussion. Now that I think of it he's perfect for Washington, chronically delusional."

  Hawk and Josh walked out followed by a red-faced Collucci and a distraught looking Fleming.

  Chapter 49: Rehabilitation

  Hawk sat in his office, writing notes,
and listened as the phone rang, two, three, four times.

  "Can you answer the damn phone, Tiffany? Please!" Hawk pleaded.

  "Oh, ah, I just did my nails. They'll call back I'm sure," came the voice from the reception area.

  Sometimes I wish I were gay, Hawk thought, then I'd hire male models, they must be less high maintenance.

  Reaching for the phone he answered, "Law offices, how may direct your call?"

  "Mr. Bennett, please, wait, Hawk? You answer your own phone. Alternatively, Jesus Christ Hawk, you're not getting ah, research assistance are you?" the caller asked. "Never mind, don't want to know."

  "Why, it's my good friend from the Public defender's office, to what may I attribute this phone call?" Hawk answered, “and as a point of order, were there research being done, no one would be answering the phone." Leaning back in his chair and smiling.

  "Well, I believe I have something you can use in your case, something I suspect the government conveniently failed to provide you."

  "Please continue, Councilor, you have my attention."

  "How about I come over there? I can be there in 45 minutes or so," Harris replied, "one never knows the depth to which our learned brother Mr. Collucci would sink to know our strategies."

  "By all means, come on over," Harris agreed and hung up the phone. "Tiffany," he yelled, "get in here. I need some quick research."

  Harris arrived slightly prior to the 45-minute estimate and was amused by the disheveled, but remarkably unembarrassed, Tiffany walking from Hawk's office, retrieving her purse, and walking out the door.

  "Ah, Hawk?" Harris called out. "I am announcing myself since your receptionist seemed in a hurry to leave."

  "Well, the research was successful, so she was granted an early out as a reward." Hawk smiled as he came to the office door, “come on in."

  Harris walked in, sat on the couch, and then jumped up suddenly, looking at Hawk, "that's not the scene of the research is it?"

  "No, of course not," Hawk smirked, "I sleep there sometimes."

  Harris looked at the couch, back at Hawk and said, "I'll stand, so how is the trial going?"

  "First couple of days, not much to it. Crime scene and M.E. testified. They are hanging their hats on the experts on racial profiling, that comes next. I still can't believe that asshole took this to trial and expects to win."

  Harris handed Hawk a file.

  "What's this?"

  "Read it, I think you'll see the value."

  Hawk sat on the edge of his desk and began to read. Turning through the pages, his eyes narrowed and face reddened.

  The forensic report from the FBI Crime lab described the various tests and procedures done to the numerous items of evidence recovered from the scene of the robbery/homicide. The one that caught Hawk's eye, as Harris knew it would, was the fingerprint analysis done on the shotgun recovered from the dumpster.

  The examination found a number of prints. Most were inadequate to provide positive identification, lacking adequate points of comparison. However, the report noted there were partial matches to two individuals. In addition, they examiner recovered two identifiable prints. Both prints were positive matches for Anthony "JoJo" Machado. One print contained nineteen matching points, the other twenty-two. In the United States, there are differing opinions of what constituted a "positive" match, but the more the better. The two partial matches were likely David Anthony Ventraglia.

  "That motherfucker Collucci never produced this in discovery for me," Hawk fumed, fanning the reports in the air. "I will move for production of this tomorrow and file a motion for directed verdict."

  "Hawk, he isn't using this in your trial. He will argue it is not germane. He did not want to give it to me but had no choice. He buried it within records of the stolen cell, hoping I wouldn’t notice until after this trial."

  "Germane? Of course it is," his voice rising. "It adds more foundation to the legitimacy of the shooting. It is something the jury should know. It's...It's...."

  "It's in your hands now," Harris interrupted, "use it as you see fit."

  Hawk walked to his chair and sat. "Oh, I will open the day with this discovery by the defense," looking at Harris. "What do you want from me?"

  "I want your guy to testify at Ventraglia's trial about the shooting, and Ventraglia will testify at Williams's trial about the robbery being Machado's idea."

  "Was it?" Hawk questioned

  "Who's to say?" Shrugging his shoulders. "There is only one participant in the plan that is around to tell us."

  Harris smiled.

  Hawk looked up, stunned. "Are you fucking crazy? I do not mind pushing the envelope to thwart the government's advantage, but suborning perjury is a line even I do not cross. Besides, trial started. The Judge will never let me add to the witness list. Hell, I just finished arguing for a dismissal for incomplete discovery."

  "Look, my guy knows he's screwed. However, life in the can is a fulfillment of his wise-guy fantasies. Death by lethal injection is not. He will give the jury a glimpse of the ugly world inhabited by Collucci's victim. It will show the jury his warts and defects. It will make it a cinch to overcome the inevitable Marine hero, minority-victim-of-police-profiling portrait Collucci will paint."

  Harris paused, gauging Hawk's reaction. "I'll use this in negotiations to get Collucci to take the death penalty off the table, put it out there we've discussed the possibility of his testifying, and agree to have my guy invoke his 5th amendment privileges if you do subpoena him."

  "He'll never go for it, Steve. He is a first class asshole, but he is not stupid," Hawk argued. "He'll see through this. He'll keep the death penalty on because it buys more publicity."

  "He's also, deep down, a fucking coward. Juries are funny creatures. Their record of accomplishment, even with slam-dunk cases, is spotty at best. He wants a positive result, not justice.

  He can spin a plea that eliminates the death penalty to the liberal sector of the district, and spin it to the right as salvaging a case, plagued by the poor investigative efforts of the local police, because of his bringing in the FBI.

  Hell, he can even take a shot at the local office of the bureau. Tout his influence in Washington, his ability to produce for the district, justifying his qualifications for Congress."

  Hawk smiled "You know Steve you missed your calling. You should be his campaign adviser."

  Hawk looked over the file once more. He stood up, walked to the window, gathering his thoughts. "Okay, how do we do this?"

  "Are you going to talk to your client first? He may not like this, coming from me. I am not on his favorites list." Steve quizzed.

  "My client pays me to do what is in his best interest. In particular, when he doesn't realize it himself," Hawk replied. "I am a firm believer in the philosophy of seeking forgiveness rather than asking permission. He'll get over it."

  "Well," Harris smiled in reply, "I will request a meeting with Collucci. He already refused one to discuss a plea. I’ll tell him I have a forensic psychiatrist I want to evaluate Ventraglia for an Insanity defense."

  Hawk smiled.

  Harris nodded. "He'll lose his mind and want to try to dissuade me. I'll let him and then lay this on him."

  "Why are you doing this?" Hawk asked

  "I let that son-of-a-bitch Collucci bully me into something I am not proud of. If I can help out Josh and derail his political career it will be some consolation."

  Hawk raised his eyebrows.

  "That's the other part of the story," Harris continued, "you're not going to like this, but you need to know..."

  When Harris finished the story, Hawk just stared at him for several moments. "So you really are screwing Lieutenant Hamlin, how can that be?"

  "Hawk, are you nuts?" Harris was incredulous. "Collucci is going to put her on the stand and turn her into the world's biggest liar. If your client even dreams of testifying, he'll be dead on arrival, and all you are concerned with is me sleeping with Hamlin."

  "Look,
Steve, right after Chris decided to terminate your relationship with extreme prejudice she came here and told me the story. I was worried at first, but as I think about it, I believe I can use this to make Josh even more human to the jury. It is easy to convict a cop. Everyone has a bad cop story. It's hard to convict someone you've come to know as a human being."

  "I don't know, Hawk. Collucci is good at destroying people. He will turn this into a circus of police cover-ups and lying."

  "But he is planning this as a surprise. We are not surprised, but he will be." Hawk sat down, reached into his desk, and pulled out a bottle of Johnny Walker Red.

  "So, Mr. Harris, are you the type to kiss and tell?" Smiling as he poured two glasses.

  Chapter 50: Trial Day Two

  Judge Rodericks entered the courtroom and was halfway to the bench before the Marshal could say, "All rise."

  "Good morning," Rodericks announced, "are there any matters we need to address before I bring in the jury. Ms. Fleming?"

  "Nothing your honor, we're ready to call our first witness."

  "Not so fast, my honorable sister at the bar, not so fast." Hawk rose and stood at his seat, "I have a matter of two motions, the second of which will not be necessary in the event the court grants my first motion."

  "Proceed, Mr. Bennett."

  "Your honor, based on new information available to the defense, I move for a directed verdict in this matter."

  Collucci looked at Fleming shaking her head, pleading ignorance of what was coming.

  "Your Honor, as is customary, we held several pre-trial conferences regarding discovery. As you know, the government is required to provide all evidence, lists of witnesses, experts, and other information it intends to introduce at trial. It is also required to provide all items that may be exculpatory in nature as to the defendant."

  Turning to look at Collucci, "The government, in this matter, has failed to do so. It has failed, intentionally and maliciously, to provide my client with a key piece of evidence.

  If counsel been aware of this information before trial, we would have made significant changes to our approach to this case. The government's actions jeopardized the whole judicial process."