Collision Course (A Josh Williams Novel)

by Joe Broadmeadow

  Jim folded his hands, took a deep breath, "He used the same words in the confessional the day he told me about being molested."

  Collucci simply looked at Rodericks, at a loss for the right words, and rose from his seat, "Your Honor, this testimony needs to be stricken from the record. It is prejudicial, hearsay, and irrelevant."

  "Your honor, I would argue that since it goes against Father Swanson's best interest, there is an exception to the hearsay rule. Furthermore, it is relevant as it goes to the mindset of Mr. Machado which the jury can use to understand his behavior that day."

  "Objection is overruled, please continue Mr. Bennett, with caution."

  "Father Swanson, what was the last thing you saw before you closed the door?"

  "I saw Sergeant Williams getting closer to Anthony, as he did this Anthony turned toward him. He raised his right hand. I could see something in it, but I could not tell what it was. I was very frightened. I thought he had a gun. I closed the door," Jim's voice began to quiver, "a moment later I heard the gunshots. That's when I left the church and returned to the residence." Wiping his eyes, staring over the head of the jury.

  "One last thing Father, when did you first talk to the police about this?"

  Jim looked confused, "Do you mean when I first told them I saw what happened?"

  "Let me rephrase that, did you talk to the police the night of the incident?"

  "I did. They came to the residence. I told them I was napping and hadn't heard or seen anything."

  "And when did you first acknowledge to the police that you did witness the incident?"

  "After I met with Mr. Harris, I realized I needed to be truthful with the police, tell them what I saw. I wanted them to know Josh did everything he could to get Anthony to surrender."

  "Your honor, enough, this is beyond any acceptable standard of admissible testimony." Fleming voiced this objection, unable to contain herself.

  "Sustained, the jury will disregard that last answer, and it is stricken from the record."

  Hawk paused a moment to let Jim regain his composure, "Thank you, Father. I have nothing further."

  As he returned to the table, Josh said, "so much for avoiding the confidential stuff, you lied to him."

  "My boy, a little discomfit on the good father's part is nothing if it helps us get to the truth of this matter. You don't have to like it, but it won't matter once we get a not guilty." Hawk leaned back in his chair and enjoyed watching Collucci and Fleming in an animated discussion.

  Josh shook his head, "No more of this Hawk, no more."

  Hawk nodded, but he knew this was just the opening salvo.

  Rodericks stared at the government table, "Mr. Collucci, do you have anything else for this witness?"

  "No, you honor"

  "Very well, Father Swanson you are excused, thank you for your candor."

  Jim stood up, walked from the witness box, and past Josh. Josh tried to smile, but it was half-hearted. He hated what just happened to his friend.

  Steve Murray was prepared again, guiding Jim out a seldom-used side exit, avoiding the reporters circling for an exclusive.

  Court adjourned for the weekend.

  There was blood in the water; the church wounded, sharks circling for the kill.

  Later, that evening, Jim Swanson sat alone in the residence, waiting for the phone to ring.

  Chapter 61: What Goes Around…

  "The government calls Lieutenant Christine Hamlin"

  Chris appeared in the doorway, walked to the defense table, patted Josh on the back, and then took the stand.

  As she took the oath, she looked intently at the jury. Some returned her gaze, a few looked away, but one was somehow familiar.

  "Good afternoon, Lieutenant, would you please tell the court you current occupation."

  "Certainly, my name is Christine Hamlin. I am a police officer with the City of East Providence, holding the rank of Lieutenant. I am currently the commander of the Special Investigations Unit, known as SIU."

  "Thank you Lieutenant, were you working on March 15th of this year?"

  "Yes"

  "And did you have the occasion to respond to an incident at St. Domenicks Church?"

  "Yes, we did."

  "Could you tell the court how you became aware of this situation?"

  "Yes sir, Josh, excuse me, Sergeant Williams, and I were driving back from court.”

  "Go on."

  "As we came back into the city from the highway onto Warren Avenue, we heard a call for a shooting at Kent Farm."

  "And what did you do then?"

  "I didn't do anything, other than holding on. I knew Josh was going to head that way."

  "Let me understand here Lieutenant. You are the ranking officer, Williams is subordinate. Yet, you let him determine the course of action?"

  "Have you ever been in my situation?"

  "Your Honor," Collucci looked to the bench,” please instruct the witness to answer the question, not phrase her own."

  Rodericks looked down at Hamlin.

  "Your Honor, I cannot answer that question truthfully without context. I would be happy to answer one if Mr. Collucci concedes that he does not understand realities of police work. Without context, it will not be clear. I cannot answer truthfully under those conditions."

  Rodericks paused a moment. He held a very low appreciation of police officers in general, taking delight in making them suffer. Yet, she made a point.

  "Mr. Collucci perhaps you can let the witness establish some context here?"

  "Very well, your Honor, turning back to face Chris, "Lieutenant, as the ranking officer, why did you let Sergeant Williams determine the course of action, once you'd heard the call for a shooting?"

  "Because I have absolute faith in his judgment, competence, and experience. Sergeant Williams does not need any direction from me on the correct course of action," looking at the jury, "I have never known him to do anything other than what was appropriate."

  Collucci lost composure, glaring at Chris, quickly recovering, "Lieutenant, that is not what I asked you."

  "Objection" Hawk said. “It is what Mr. Collucci asked; he just didn't like the answer. He's badgering the witness, argumentative"

  "Overruled. I hardly see that as badgering," Rodericks responded. “Mr. Collucci, if the answer is incomplete, or inaccurate, ask more specific questions."

  Collucci returned to the government table, picked up a report, brought it to Chris, "Do you recognize this document?"

  "Your Honor," Hawk was up again, "would it be too much to ask of the government to identify the exhibit before he continues?"

  "My apologies to the Court, I have just presented the witness with government's exhibit four. May I continue?"

  Hawk bowed and sat back down, Rodericks continued to look at the documents on the bench, seemingly uninterested.

  Hawk leaned over to Josh, "this son-of-a-bitch does this all the time. He hates cops. He will sit there and ignore her testimony like it does not matter, or he does not believe her, useless prick. I'll object to Collucci's breathing if I have to."

  "Why's he hate us?"

  Hawk smiled, "He tried to get on the State Police back in the early 70's. First time boxing got his jaw broken, ear drum punctured, and knocked out," pausing for the good part, "by the first female to get into the academy."

  "Oh boy," Josh chuckled, "he must really love Chris. Maybe you can get in her black belt in karate?"

  "You know, my boy, as time goes on I see more and more potential in you."

  Collucci walked over to stand near the witness box.

  "Lieutenant, do you recognize this document?"

  "Yes, I do." Chris was going to make him work for everything.

  "And?"

  "And I recognize it. Yes I do." Josh was right. Answer the question as it is asked, not what you think he means.”

  Collucci was incensed, "Lieutenant could you please tell the court what this document is?"

  "Yes," pa
using a bit, looking the document over again, daring him, “it is my report regarding the circumstances of the Machado apprehension."

  "Apprehension?" Collucci mocked, "You mean the shooting of Anthony Machado, the unarmed Anthony Machado?"

  "No, I mean what I just said," Chris replied, before Hawk could object.

  "Lieutenant, would you please turn to the next to last page of your report and read the last three paragraphs," turning to the jury, "out loud for all our benefit."

  "Of course," turning to that page, looking it over, enjoying the impatience in Collucci, then continuing,

  "As I came up the rear stairs of the church I heard three shots fired. I ran into the church, keeping low, trying to maintain cover.

  Coming up the side stairway into what is the east side of the altar, I could see Sergeant Williams bending over a subject, performing CPR.

  I ran over to him, saw the damage to the subject's chest and head, realized he was beyond recovery, and informed Sergeant Williams to stop his resuscitation efforts."

  Looking over at the jury, Chris put the report down and waited.

  "Are you a Doctor?" Collucci asked

  "Excuse me?"

  "On what basis do you, as a Lieutenant on the East Providence Police Department, have the qualifications to determine a person, the victim Anthony Machado in this case, was, in your words, 'beyond recovery'?"

  Chris eyes narrowed, she sat up, glared at Collucci.

  Hawk did not even blink, this will be classic.

  "I based my evaluation on my experience, over a two-year period in Viet Nam, as a nurse in the United States Air Force. I spent eight months at a forward aid station treating the wounded, and the remaining sixteen months trying to preserve casualties on medical evacuation flights back to Germany and the United States." Her anger rising.

  "On many of those flights I was the senior medical staff on board..."

  "Thank you, Lieutenant. You've answered my..."

  "I am not finished...." her eyes burning into Collucci. “ As the senior medical staff on board I, more times than I care to remember, made the call to discontinue resuscitative efforts. It was my responsibility to determine it was time to let many, many young men...” tears in her eyes, she looked to the jury, "too stop trying to save them, and to make others stop as well, in order to focus on those we might save. That is my basis for what I did." Pausing to let that sink in, "I also maintain my Emergency Medical Technician level P, Paramedic, the highest level possible."

  Then it hit her, that juror. Veteran's Parkway, 1992. Car off the road, in the water. Chris and two patrol officers go in the water, pull a fourteen year-old girl from the car, not breathing.

  Quick CPR and the girl begins to breath.

  At the hospital, being treated for the unimaginable bacteria they inhaled from the water as they breathed life into the young woman, a thankful grandfather came to them and shook their hands.

  The one degree of separation that is Rhode Island.

  That should be at least one vote for Josh.

  Collucci tried to resume, "So what happened after you instructed Sergeant Williams to stop doing CPR?"

  Chris took a deep breath, she looked at Collucci, over to the jury, then at Josh, "I took him outside, I knew what he just experienced was going to be difficult to deal with," pausing a moment and catching the familiar juror's eye, "taking a human life, regardless of the circumstances, is hard burden to carry."

  Josh dropped his head. Hawk put his arm around him.

  "What about the cell phone?'

  Chris looked at Collucci, tried to control her emotions, understood what the son-of-a-bitch was trying to do, but it was difficult.

  "As I was trying to get Josh outside, we heard a cell phone ring."

  "And where was that cell phone?"

  "In Anthony Machado's hand."

  "No weapon?"

  "No, I did not see a weapon at that point. I also could not see his other hand."

  "Lieutenant, did you remain at the scene until it was fully processed?"

  "Yes, as the senior officer, the crime scene was my responsibility. Once Josh was taken back to the station, I maintained overall responsibility for the scene."

  "Now Lieutenant Hamlin, I'd like you to explain the responsibilities, excuse me, let me rephrase. As the senior officer it was your responsibility to insure the integrity of the crime scene, is that true?"

  "Yes, I have overall responsibility...”

  "Thank you Lieutenant, it was a yes or no question." Collucci was not going to allow any more uncontrolled responses. “In this case you protected the scene?”

  "Yes" Chris replied, she would wait him out.

  "So there was no possibility that anything was introduced into the scene before investigators processed the evidence?"

  "Yes, nothing was changed or altered once the scene was secured." Chris relaxed, she was sure there was nothing to this.

  "Lieutenant were you present for the entire time the scene was under control and processed?"

  "Yes I was"

  "Were you surprised by any of the findings at the scene?"

  This one threw her, what was this asshole looking for?

  "Surprised? No. I don't know what I would be surprised by." As the words came out she knew she fell for it.

  "So you weren't surprised that the victim in this matter, Anthony Machado, lying dead on the floor, after being shot by Sergeant Williams, was unarmed?"

  Josh heard the voice

  Why would she? I am dead, she has trust in her brothers, you'll never understand, I don't blame him, I don't blame her, this is on me, me alone, let it go, I already did.

  Chris tried not to look to Josh, could not control it. She looked at Hawk, could tell by his eyes to just let it go. She wanted to fix this; it would only enhance the damage. She continued to look at Collucci.

  "Just so it is clear Lieutenant, didn't you expect to find a weapon?"

  "Objection, calls for a supposition, ask her what she did."

  "Overruled, answer the question Lieutenant."

  Useless was enjoying a bit of payback, so he thought.

  "I expected the investigators to do their job. I expected them to document the evidence. I expected them to file complete and accurate reports," looking to the jury, "that is what happened, that is what I expected."

  “Lieutenant, once you realized Machado was not armed, were you tempted to plant a weapon?”

  “Objection.” Hawk was on his feet, angry.

  “I think it is a reasonable question, overruled.” Rodericks said. “Please answer the question, Lieutenant.”

  Hamlin looked at the jury, “No I was not, Mr. Collucci. We do not fabricate evidence; we leave that to the US Attorney’s office. The truth is the better path. That’s what we always follow.”

  Rodericks beat Collucci to the punch. “Enough editorializing, Lieutenant. The jury will disregard the Lieutenant’s remark.”

  Collucci just would not learn.

  Rodericks really hated women like her.

  Collucci walked to the jury box, looked at the jurors, nodded his head, turned back and said, "Lieutenant, so we are clear on this, how many weapons did you find at this crime scene?"

  Chris looked at him, replied quickly, "None," pausing, "but even I wasn't sure until the M.E. rolled the body over."

  "Move to strike, your honor," Collucci said," as unresponsive."

  Rodericks glanced up, "Mr. Collucci, you asked, she responded, overruled."

  Collucci turned to walk back to his table, "If I may your honor, I'd like to approach the witness for purposes of identification of another document," handing a copy to Hawk.

  "Continue," Rodericks replied

  "Lieutenant Hamlin, can you identify this document?"

  Chris took the document, she already knew this was coming, "Yes, it is a police report regarding an arrest for sale of alcohol to a minor and a copy of the toxicology report in that matter regarding the sample sent to the State T
oxicology Lab."

  "And for which matter was this sample submitted?"

  "City of East Providence vs. Fernando's Liquors, Sale of Alcohol to a Minor."

  "And the toxicology report, can you read the conclusions of the analysis."

  "The result indicated the sample was 5.1% alcohol by volume"

  "And what was the brand name of the beer?"

  Hawk stood, "Your honor, while this chemistry lesson is fascinating, I fail to see the relevance."

  Rodericks looked at Collucci, "I was beginning to wonder that myself, Mr. Collucci?"

  "If the court would bear with me, the relevance will be readily apparent in a moment."

  Hawk sat down determined to keep Collucci off his rhythm.

  "Lieutenant, the brand name?"

  "Becks."

  "Now, did this matter go to trial in Sixth Division District Court?"

  "Yes."

  "And were you present for that matter?"

  "I was"

  "Did you testify?"

  "No"

  "Who testified for the City of East Providence?"

  "Sergeant Williams."

  "Lieutenant, were you present during Sergeant Williams testimony?"

  "Yes, I was."

  Hawk was up again, "Your honor, really this is stretching it. If Mr. Collucci cannot get to the point we need to move on."

  "Mr. Collucci I have allowed you a great deal of latitude on direct here, please get to the point quickly."

  "I believe the next few questions will address the issue."

  "During this case that city introduced the toxicology report correct?"

  "Yes, it was stipulated by the defense."

  "And Sergeant Williams introduced a six-pack of beer, minus one bottle, that he testified was the one seized at the time of the arrest, correct?" turning to watch the jury reaction.

  "No that is not correct."

  Collucci spun around, "Excuse me, did you say that was not correct?"

  "Yes"

  "Lieutenant, you were there for the testimony, you acknowledged that. You acknowledged that the toxicology report was introduced, but the six-pack was not, is that your testimony?"

  "Yes"

  Collucci marched to the table, picked up the report, shaking it in the direction of Chris, "Lieutenant, I ask you again, did Sergeant Williams testify that the five bottles of Beck beer, with the evidence tag attached, were the same ones seized the night of the arrest?"