Josh noticed Murphy’s continuous glances at Hawk and leaned over to see what he was writing. Hawk looked up and whispered, “Psychological warfare, my boy. Just planting a little doubt.”
Josh smiled back, grabbed a legal pad, and joined in the fun.
Murphy continued. “If Sergeant Williams followed his training, the conclusion of this situation would be different," glancing at Josh, he reached for the water glass.
"Sir," Collucci asked in a voice measured and serious, "based on this review what conclusion did you draw from the fact that Sergeant Williams is white and Machado black?"
"Objection, your Honor.” Hawk was angry, "there is no basis upon which this witness is qualified to provide such an opinion. We have listened to his qualifications as to police procedures none of which shows any foundation on which he can somehow divine motives of another person. I have every intention of exploring the opinion Mr. Murphy has crafted as to his area of so-called expertise, but I object to his being allowed to testify as if he were clairvoyant."
"You Honor, if I may..."Collucci began.
"No you may not, Mr. Collucci. You can inquire and introduce the witness's expertise in the area of police procedures and its relationship to use of force. You cannot infer anything other than factual based opinions, not suppositions." Looking to the jury, "the jury will disregard drawing any inference as to the last question asked by Mr. Collucci. The objection is sustained."
Collucci walked back to his position at the government's table, "Nothing further, your Honor," a slight grin crossing his face. The damage done.
"Mr. Bennett, are you ready for cross-examination?" Rodericks asked, looking over his glasses.
"I am your honor."
Walking to the exhibit table, he retrieved the file marked Government Exhibit One, opening to a particular page, he looked to the bench, "May I approach the witness?"
"You may."
Handing Murphy the report, "Mr. Murphy would you read the first two paragraphs on that page?"
Murphy began to read them to himself.
"No, no Mr. Murphy, I am sorry, please read them out loud for our benefit."
Murphy looked up, over at Collucci, and then at Judge Rodericks.
"Please read them sir," Rodericks instructed.
Murphy removed his glasses, wiped them with a handkerchief, and began, "The subject, later identified as Anthony Machado, saw our unmarked unit, turned around, and began to run toward St. Domenick's church. I immediately jumped from the car and began to chase Machado, radioing in my positions. Machado was running with a strange motion, and I thought he had a weapon concealed in his pants. Machado ran up the stairs and into the front of the church. I notified responding officers that I was entering the church and for them to set up a perimeter.
I decided to enter the church, as I knew Father Swanson was often in there during this time of the day. I was concerned there may be parishioners in there as well. The reports were that the suspect shot two individuals. As soon as I entered the church, I saw Machado hiding behind the altar, crawling toward to Sacristy. I looked around but couldn't tell if there was anyone else in the church. The only lighting was near the altar, and it was very dark."
Murphy put the report down and looked at Hawk.
"Now sir, you testified that you reviewed the policies and procedures of the East Providence Police and all the reports about this incident, is that correct?"
"Yes sir."
"And in your testimony, you said the policies and procedures were the latest and greatest, if I can paraphrase?"
"I said they met with the latest standards, yes sir."
"Now sir, the section of the report you just read aloud, is it safe to say you'd read this as part of your review?" Hawk was facing the jury, glancing back at Murphy.
"Yes I did. I read everything related to this incident." Murphy was becoming anxious, breathing quickly.
"Well then sir, in your opinion you indicated that Josh, Sergeant Williams, ignored his training, and his decision to enter the church a tactical error, I believe is how you phrased it?"
"It was an ill-conceived decision to enter the church absent any compelling reason to do so, and he chose to do this without assistance." Murphy answered, regaining composure.
"Sir, I am now going to show you government's exhibit twelve, do you recognize this document?" Hawk stood next to the witness stand as Murphy looked it over.
Murphy tried to hand the document back as he said, "Yes, it's a certified copy of the policies and procedures of the East Providence Police Department," holding the document out for Hawk.
"Oh no sir, you hold on to that, we have more reading exercises to complete." Walking over to the jury Hawk turned, folded his arms and said, "Please read page twenty-five, from the beginning."
Murphy flipped through the pages, came to page twenty-five, pausing a moment as he looked it over. Collucci and Fleming were trying to locate their copy to read it as well.
Hawk stepped back and looked at the two government lawyers, drawing the attention of the jury to them. Hawk looked at the jury and smiled.
"Your Honor," Collucci rose, "This document is already in evidence for the jury to review. I fail to see where this line of questioning relates to the witness' direct testimony."
Hawk started to speak but Rodericks cut him off, "No need Mr. Bennett. The defense is permitted to explore the basis of the witness's opinion. You may continue, Mr. Murphy, read the page as requested."
"Section 2, Use of Force, continued. It is the primary duty of members of the East Providence Police Department to protect lives. There may come a time where the use of deadly force is both justified and necessary. Every reasonable effort to avoid such situations, within the confines of our responsibility to the public must be taken. The following guidelines are designed to assist officers in determining the correct course of action.
One. An officer must never place themselves in a position that escalates a situation absent a legally valid reason to do so. This would include, entering into a location without adequate backup, entering into an unknown environment without proper preparation, or failing to provide notice of intent to fellow responders. High-level threat situations are dynamic and fluid. No guideline can adequately account for all possible circumstances; however, it is paramount that protection of the lives of all involved be the main decision factor. Officers are reminded that their oath to protect the public often entails risks."
"You can stop there, sir" Hawk interrupted.
Murphy put the file down.
"Now, sir, it is also safe to say that this section is familiar to you from your review?"
"Yes, I went through all the policies and procedures in-depth" Murphy answered, "It is how I formed my opinion," growing agitated.
"Would you please read the section that prohibits an officer from entering a building alone?"
"There is no such language, what there is..." Murphy answered.
Hawk interrupted, "Well then, in your testimony..."
"Objection, he isn't allowing the witness to finish his answer." Fleming interjected.
"He did answer. I asked him to read a section, and he stated there is no such language, sounds like we have a fully honest answer for once."
Rodericks looked at Hawk, "Save the editorial comments councilor, let the witness finish his answer before continuing," turning to Murphy, "sir, please confine your answers to the question asked. Continue"
"As I was saying, in your testimony you said that Sergeant Williams actions, a moment, I have it here in my notes, ah yes, you said 'was in clear violation of these policies’, yet you just testified that there is no such language prohibiting an officer from entering a building alone, so which is it?"
"Sir based on my thirty-eight years of experience in these matters, my professional evaluation of the total circumstances known to Sergeant Williams, as he reported, and the language in the policies and procedures of his department, of which he was aware, his decision was wro
ng and created what became a deadly situation."
"So this is really a difference of opinion, there is no language that prohibited Sergeant Williams from entering a building alone. You just don't believe you'd make the same decision, is that not true?"
"No sir, as I stated his decision was wrong." Murphy was again agitated.
"How many incidents such as this have you been involved in?" Hawk changed course.
"I have investigated several hundred..."
"That's not what I asked sir, I wanted you to tell the jury how many incidents, in which deadly force was used, that you have been involved in?"
"Well, I was fortunate in my career, as are most in law enforcement, never to have to fire my weapon during an incident."
"So your opinions and experience are a form of hindsight?"
"No sir, I have always based my review on the facts as stated in the reports, based on what the officers or agents reported at the time, not what may have been learned later." Murphy began to perspire a bit and finished the water.
“During your career, have you been injured in the line of duty?"
"Objection," Fleming stated, "where is this relevant?"
"I am trying to put a perspective on the extent of the professional experience your witness claims, suffering on the job injuries certainly gives one experience in the risks inherent in law enforcement" Hawk replied.
"I'll allow it," the Judge said.
"Yes, a number of times, it goes with the job." Murphy answered.
"Have you ever been shot?" Hawk asked, staring at Murphy.
Murphy crossed his arms and turned slightly away from Hawk.
"Your honor, is this leading somewhere?" Collucci was now on his feet.
"With the court's indulgence, this will become apparent as to its relevance."
"Mr. Murphy has already testified as to not being involved in any deadly force incidents, certainly being shot would qualify as one." Collucci argued, trying to win the upper hand.
"Your honor, if I may, expert opinions weigh heavily on a jury. The credibility of the expert is critical. I am allowed to explore that credibility."
Murphy became even more noticeably nervous. He knew what was coming.
"Objection is overruled, please answer the question."
Murphy looked down at his hands, rubbing them on his pant legs.
"Would you like me to repeat the question?" Hawk asked
"No sir, I was shot during a training exercise," Murphy replied, his voice barely audible.
"I am sorry. I couldn't hear your answer." Hawk moved closer.
"I was shot during a training exercise," Murphy repeated, eyes narrowing as he looked at Hawk.
"And how did that happen?" Hawk took delight with this one. He knew the jury would see him for what he was.
Murphy paused, took a deep breath, and said, "During a re-enactment of an incident involving an FBI agent taken hostage during an undercover operation, my weapon discharged, striking me in the left knee."
"And sir, was there a policy in place for insuring weapons were unloaded during such exercises?"
"Yes." Murphy’s voice, soft and hesitant.
"Well, I am glad to see you've recovered. Were you disciplined for this incident?" Hawk inflicted the wound, now going for the kill.
"I was suspended for thirty working days upon my recovery," Murphy whispered.
"But upon return from this suspension were you placed back in the same operational position?" Hawk asked.
"No, I was transferred to Headquarters." The answer accurate, but incomplete.
"So your new assignment was what?"
"Planning and Research," Murphy replied.
"Is that a field operational position, how long were you there?" Hawk was enjoying this. He knew Murphy as one of those behind the scenes, politically connected people that fucked-up, were taken care of, and spent the rest of their careers finding things wrong with the people doing the real work.
"It is not in the field. It is based at FBI Headquarters DC, and I was there until I was transferred to Professional Standards."
"Professional Standards, that's like Internal Affairs is it not?"
"Similar yes, we did good work there." Trying to regain some self-esteem and composure.
"And you retired at sixty-five years of age, isn't that much later than normal for FBI agents?"
Murphy went for the bait, "Agents considered being necessary to the operation or holding special skills can be extended to age sixty-five under the discretion of the Director of the FBI. I was considered important to the Office of Professional Responsibility."
"Who took over for you when you retired?"
Murphy looked up, angry, "the position has not been filled."
"So, this position was important enough for the Director to extend you five years beyond normal retirement, and then not fill the position for three years, not to this day?” Thus sealing the witness's fate as a political hack before the jury.
"Objection."
"Withdrawn. Nothing further." Hawk returned to his seat, leaned over to Josh and said, "That's how you inflict damage."
Collucci was glaring at Hawk as he whispered to Fleming "I'll bet one of those bastards in the local office fed that to Bennett. Sons of bitches, we need to try to save this guy."
Fleming looked at Murphy; saw his drained appearance, "He's not going to be helpful. Look, damage is done. They still have his report about the incident. He did not lose all his credibility. We can save him in our summary. I say let it go."
Collucci stood for a moment, hesitated, then said, "We have nothing further for this witness your Honor." Sliding back into his chair, he leaned into Fleming, "I am going to burn Hamlin like a bug in a bug light."
Chapter 55: A Reluctant Witness
"The government calls Father James Swanson"
Collucci tried reading the jury reaction. This priest caught their interest. He could see it in their eyes; see the furtive looks between them.
Jim Swanson came into the courtroom, walking toward the witness box. He paused a moment to smile at Josh, entered the witness stand, took the oath, and sat.
"Good afternoon, Father Swanson." Collucci’s voice betrayed his anxiety. This was going to be the nail in the coffin. All he needed to do was guide the priest along. Bennett could object. It would not matter.
It would be out there for the jury to see. There is no such thing as, the jury will disregard. It was a joke, trying to put the toothpaste back in the tube.
He was going to enjoy this.
"Good afternoon, Mr. Collucci," Jim replied, not holding the gaze, looking blankly around.
"Now Father Swanson, would you please tell the jury your current assignment within the diocese?"
"I am the Pastor of Saint Domenicks Church in East Providence."
"And how long have you been there?"
"I've been at the parish for almost twenty years, the last five as pastor."
Collucci moved over to the front of the jury, forcing Swanson to look at him, giving the jury a better view.
"And Father, were you at Saint Domenicks on March 15, 2006?"
"Yes I was."
"Where were you around 4:30 pm that day?"
"I was in the Sacristy preparing some new vestments for Mass."
"And did you see someone come in the front of the church that day, a person you know as Anthony Machado?"
"Yes, I did. I heard the front doors of the church open and saw Anthony run in, go up onto the altar, and duck down."
"And did you see Sergeant Williams enter the church?"
"Yes, a few seconds later Josh, Sergeant Williams, entered the church.”
"Did you see a weapon in Sergeant William's hand?"
Jim looked over at Josh, dropped his head, and answered, "Yes."
"I'm sorry Father, could you repeat that, I couldn't hear you. Did you see a weapon?"
"Yes, Josh had a weapon in his hand."
"Could you still see Anthony Mac
hado at this point?"
"Yes, I could see him behind the altar. I thought he was looking at me."
"Did he have a weapon?"
"Objection, calls for a conclusion by the witness," Hawk interjected.
"Sustained."
"Father Swanson, did you see a weapon in Anthony Machado's hands?"
"I couldn't see his hands, well I couldn't see both" Jim replied, trying to keep calm.
"So you could see one of his hands, correct?" Collucci was not letting him slide on this.
"Yes, his left hand."
"And did he have a weapon in that hand?"
"No, but I didn't know what was in the other hand." Jim became a bit more confident.
"Sir, I mean Father, that's not what I asked, once more, did Mr. Machado have a weapon in the hand you could see, his left hand?"
"No. However, I must tell you I was afraid."
"Thank you," ignoring the last part hoping the jury would as well. "Now where was Sergeant Williams at this point?"
"He moved to get closer to the altar, he yelled at Anthony to stop moving."
"Did you hear what he said?"
"Yes, he said...."
"Objection. Hearsay your Honor. He can testify that Josh said something but as to what he said..."
"Your honor there are well-known exceptions to the hearsay rule. One of which is independent corroboration. The reports in this matter do just that, reports prepared by Sergeant Williams. Father Swanson is testifying to what he heard Sergeant Williams say. Sergeant Williams's report is the independent corroboration."
"I will allow it, continue Mr. Collucci." Rodericks wrote some notes and looked over for Hawk’s reaction. He was smiling.
"Thank you, your honor. Okay Father, let me pose the question again, when Sergeant Williams approached the altar, his weapon pointing at Machado, you heard him say something?"
"Yes, he told Anthony to stop moving."
"Father, I realize this may be difficult for you, however I must remind you, you are under oath, what did you hear Sergeant Williams say?"
Jim looked at the jury, looked at Josh, took a deep breath and said, “Josh said, stop right there you motherfucker or I will blow that fucking hood off with your black head in it.”
Collision Course (A Josh Williams Novel) Page 21
