Hawk and Josh were talking when Josh made a head motion for Hawk to look at the back of the courtroom. Chris Hamlin came in and sat in the back row.
Hawk motioned for Chris to come over. As she did, she could see Josh smiling and making a throat slashing motion behind Hawk.
"Well, well if it isn't our idiot ally that decided making a complaint against the sitting Chief Judge of the United States District Court of Rhode Island, mid-trial I might add, was a good idea." Hawk said, "What the hell were you thinking? Or more to the point, why did you stop thinking before you did something stupid?"
"If you thought for one minute I was going to let that pompous son-of-a-bitch condescend to me like that you should be the one using your brain. I am going to make his life miserable. Cranky old self-righteous bastard." Chris replied.
Josh added, "Do you mean Hawk or Useless, which cranky old bastard?"
"I am glad you find this amusing, perhaps it will be different when Chris, formerly of EPPD, is delivering the discount soap she gets as a new employee of CVS to the federal prison selected for you with the influence of Judge Useless." Hawk said.
"Well, it's done. Nothing you can do about it now. The prick had it coming." Chris replied.
"Okay, okay. I know he probably overstepped his bounds there, but couldn't you have waited until after the trial?"
Chris just stood staring, not even blinking.
"No, I suppose not." Hawk said. "Okay, but you do have to do one more thing I say."
"I suppose I can do that," Chris answered.
"Really? You agree to do this right?" Hawk asked
"Within reason, and it doesn't involve you being naked at any point." Chris smiled.
"I am going to puke," Josh said, "there's an image I didn't need."
Hawk shook his head, "remind me to be busy next time you two come looking for help. Okay, here is what you do. Get the hell out of this courtroom; get the hell out of the building. Now. Please."
"But...”
"Nope, that's the deal, now go!"
Chris looked at Josh who nodded, "it is probably best for now. After the jury is out you can come back and torture Rodericks if you like."
"Okay, I'll go. For now." Chris said, "But if that bastard does anything else I will be sitting in the front row staring him down." Turning around, she walked out the door.
"I love that woman," Hawk said, "but she is the biggest pain in the ass."
"I know what you mean." Josh concurred.
As Chris left the courtroom, the Marshal announced the Judge’s return.
“Mr. Bennett, I see I can depend on you to follow directions. I noticed Lieutenant Hamlin leaving the courtroom. Please keep it that way."
Hawk nodded, and then leaned over to Josh, “If our friend heard that she'd march right back in, wouldn't she?"
"No doubt," Josh replied, "No doubt."
Chris was a very private person, there was much about her only a few people knew, and no one knew it all. In addition to being a great cop, she was very well off financially. Actually, she was more than that; she was rich beyond most cops’ wildest imagination.
While she may have been a disappointment to her family in the grandchildren department, she paid attention to her father's investment advice. Between her own investments, and her inheritance, she could afford to challenge Federal Judges. She would not even notice the missing money if she left the PD.
Judge Rodericks might take some satisfaction in her absence, but it was nothing to do with her being the least bit intimidated. She knew how to pick her battles. She would undoubtedly win the war.
Chapter 65: Something Wasn’t Right
“Okay, Mr. Bennett, shall we recall Ms. Pincince to the stand?" Rodericks asked.
"Yes sir," Hawk replied.
Cheryan retook the stand. Rodericks reminded her she was still under oath.
"I understand," she answered, the break obviously having its intended affect.
“Good afternoon Ms. Pincince, I only have a few questions for you." Hawk said gently.
"Okay."
"Now you testified that you saw Machado standing near the road looking up and down the street. Is that correct?"
"Yes."
"Why did you notice this?"
Pincince paused a moment then said, "Well, I noticed him right after Mr. Subedar told me to just hide if something happened. I thought that was weird. Then I saw this black guy, I mean JoJo, standing there like he was watching for something. I just thought it was all weird, I don't know. I never saw anybody stand there and do that before."
"Okay, now was the fact he was black part of the reason you thought it was odd?"
"Well, no, I mean, not really. Mr. Subedar always said to watch the black guys when they came in, but I never really paid him any attention. He didn't trust anybody. It's just, I don't know, I can't explain, between Mr. Subedar telling me to hide if something happened, and then a guy acting weird at the end of the parking lot, just made me nervous." She looked over at the jury then back down at her hands.
"Okay, now you said he, Machado, started walking toward you?"
"Yeah, he looked at me and seemed surprised to see me. He started to walk toward the store. That's when Ventraglia came in and started yelling," she paused a moment, taking a deep breath, "that's when I heard the shot and ducked down."
"Now, I want to call your attention to after Machado entered the store. Did you hear him say anything?"
"There was a lot of yelling and I couldn't really hear anything because of the two really loud noises, I guess they were from the shotgun. JoJo was on top of me and he told me he wouldn't let anyone hurt me."
Pincince started to sob again, "He saved my life."
"You're doing fine," Hawk tried to soothe her, "I only have a couple more questions."
Cheryan looked up, "Thank you, I'll be fine."
"Okay after Machado stood up did he say anything?"
"He was arguing with Ventraglia. Ventraglia pointed the shotgun at me. JoJo took it away and knocked him out. That's when he told me to run."
Hawk paused a moment, looked over at Collucci, then back at Pincince.
"One or two more questions if I may," looking at Pincince's statement to the police. "Have you ever seen Machado before this happened?"
"No, I don't think so. A lot of people come in the store but I don't remember him."
"How do you know they called him JoJo?"
Cheryan looked up nervously, looking at Collucci. Hawk noticed him shaking his head, so did some of the jury. Hawk moved to block her view.
"I am not supposed to say." She replied.
Rodericks beat Hawk to the punch, "You're not supposed to say? Young lady, unless the answer to the question is against your interest in a criminal matter, you will answer the question. Do you understand?"
"Yes, yes I do. But, I want to answer, well when I was talking to Mr. Collucci about my testimony, he told me to call him JoJo. He said it made him more of a nice guy for the jury. He told me not to tell anyone about this."
"Thank you, nothing further." Hawk turned, looking a Collucci, winked at him, and returned to his seat.
"Re-direct, Mr. Collucci?" Rodericks asked.
"No sir, noting further."
"You are excused, Ms. Pincince."
Cheryan stood and walked out. She glanced briefly at Josh and smiled, quickly making her way out of the courtroom.
Fleming watched with bemusement as the jury exchanged glances with each other.
"The government has nothing further your honor. At this time the government rests." Collucci slumped into his seat.
"Very well, Mr. Bennett?"
"Your Honor I have a motion to argue before we present our case. With the court's permission I'd like to argue now and, depending on how the court rules on the motion, begin with our first witness this afternoon."
“First things first, Mr. Bennett.” Turning to the Deputy US Marshal, Rodericks ordered, “Will the Marshal remove the jury
please.”
As the door closed behind the last juror, Rodericks looked at Collucci.
“Please explain to me how your coaching of the witness doesn’t equate with suborning perjury?”
Collucci stood. “Your Honor, the witness must have misunderstood me. I never said any such thing about how she should characterize her knowledge of Mr. Machado.”
Reaching for a drink of water, he continued. “In my trial preparation with her, I referred to Machado as JoJo to make it more comfortable. She was never told to misrepresent those discussions.”
Rodericks stared at Collucci for a long moment, “The court is not entirely persuaded by the government’s characterization of these discussions. We will take this under further advisement for potential future actions.” Rising from the bench and heading into chambers.
Hawk smiled at Collucci, “Oh my, Robbie boy. I think you may be the first guy Useless actually sanctions. That wouldn’t be a helpful campaign boost, would it?”
Chapter 66: The Defense
"Okay Mr. Bennett, proceed." Rodericks began shuffling papers, looking them over, ignoring Hawk.
"You honor, the defendant moves for a directed verdict. The government failed to prove their case; they have not even managed to establish that a crime was committed. All the government has produced is conjecture and innuendo by so-called experts with a specific agenda, namely enhancing their own reputation.
The only thing clear here is that an unfortunate incident took place and a young man killed. Not an innocent young man, a young man who was directly and intentionally involved in a robbery leading to two deaths at the store, and his own death several moments later.
The evidence shows that Mr. Machado was not only involved in the crime, but that he held the murder weapon. A fact, let me remind the court, which the government tried to conceal.
That is all the government has managed to establish.
We would have stipulated to all of that in the beginning. They demonstrated no evidence of any crime committed by the defendant to support allowing this case to go to a jury. There is no established pattern of behavior by Sergeant Williams that shows him motivated by prejudice toward blacks. There is no clear and convincing actions by Sergeant Williams showing a callous indifference to blacks. There is nothing here.
The case law is clear, in the absence of any evidence of criminal action or intent by the defendant, a directed verdict is required. To send this case to the jury would be a travesty. The defendant moves for a directed verdict of acquittal. Thank you, your honor."
Hawk paused to look at Fleming, then Collucci, shaking his head he rejoined Josh at the defense table.
Collucci stood and walked to the gap between the defense and government tables, "Your honor, there must be some sort of a void in the sound between this table," gesturing to where Fleming was seated, "and this one," pointing to Hawk and Josh. "Mr. Bennett either did not hear, did not listen, or did not understand the significant amount of evidence submitted by the government in support of this charge. I submit that there is overwhelming proof that this defendant shot and killed an innocent man simply because he was black."
Walking to stand in front of the jury box, he continued. "Even if the government were to concede much of what Mr. Bennett contends, which we don't, but for arguments sake, the incontrovertible evidence of a dead, young, albeit troubled, combat hero, who was unarmed, shot by the defendant while he flagrantly disregarded normal police procedures, is enough for the jury to render a verdict of guilty.
Mr. Bennett too easily dismisses the expert testimony.
It is powerful, compelling, and on point.
There was no legitimate reason for Williams to enter that church and execute that man. In the absence of a legitimate reason, we are left with an illegitimate reason, a criminal one in this case. A police officer, acting under the color of law, intentionally depriving Mr. Machado of his civil rights.
Moreover, he did this for no other reason than the color of Mr. Machado's skin.
For that reason, we would ask that this court deny the motion and the matter allowed to proceed, ultimately to a jury. Thank you."
Rodericks looked up from his note taking, "Thank you Mr. Bennett, Mr. Collucci. I will take this matter to chambers and rule at 2:00 PM when court resumes, we stand adjourned until then." Banging the gavel, leaving the bench.
Hawk began gathering papers, Josh helping. Collucci walked over, hands raised as in surrender, "hear me out, no need to get angry, just trying to do my job."
Hawk turned to face him, "What?"
"Suppose I amend the charge to civil rights violation, no jail, he'd have to resign from the department but that's much better than fifteen years of protective custody. Just wanted to put it out there. I am not unreasonable."
Josh started to come around Hawk, who blocked the move and stepped in front him. "Mr. Collucci, the very idea that you would make such an offer to a person you know full well is innocent speaks volumes about your integrity. You bring this bullshit case, tear apart this good officer's life, and now want him to go along in some face saving act for you. I tell you what you are a piece of work."
Looking over at Fleming standing behind Collucci, "How do you go to work every morning knowing this is the caliber of people running that office?" Shaking his head and turning away.
"Come on Josh, let's get out of here before some of whatever the hell is wrong with this guy infects us," pushing Collucci aside, Hawk winked at Fleming, and walked out of the court.
Chapter 67: Spinning the Media
Hawk and Josh stood outside the courthouse talking to Chief Brennan. Chris came over to join the conversation. The Channel 12 reporter spotted the group and came over.
John Peterson was the quintessential reporter. Starting out in print media out of college, he recognized the warning signs. Even though he was not the young flashy type, his cool demeanor, handsome face, and slightly graying hair gave him a quality that people trusted and, more importantly, would open up to.
"Chief Brennan, I wonder if I might have a word," smiling at Josh and Hawk. "I know better than to bother with you two, although maybe Lieutenant Hamlin would also join us?"
"No thanks, John, after the trial perhaps." Chris replied.
"John, I'd be happy to talk to you." Brennan said and walked over to the camera operator.
"Do we want to hear this?" Hawk asked.
"Probably not, plus they'd cut over to get us in the background, let's head in." Josh suggested.
As the trio walked behind the camera operator, they caught part of Brennan's statement, "...and I will tell you this, I am damn proud of all of the members of my department, but none more than Sergeant Williams and Lieutenant Hamlin. I do not think anyone, let alone a Federal Judge, should stick his nose into things when he does not have the whole story. I have a good mind...."
Hawk pulled Josh and Chris in close and said "It's a good goddamn thing ole Useless won't hear this until after the Chief testifies."
"I think it'd be funny,” Chris said, "Our old Buford versus Useless, my money's on Brennan."
"How about we get through his testimony first, then he can have his feud with the federal Judiciary." Hawk replied.
Chris laughed, "Okay, but I'd still love to see someone jam it up the old coot’s ass."
"Who's," Josh asked, "Useless or Hawks?"
"Very funny, two comedians, remember there is the matter of the trial." Hawk started to lead the way into the courtroom, “Where are you going, Lieutenant?”
“I’ll just sit in the back. He won’t see me there.”
“I don’t think so. You go run along and keep up your end of the bargain. Stay away from this, Chris. Please.”
Chapter 68: Not That Easy
Rodericks took the bench and wasted no time. He removed his glasses, rubbed his eyes, and then said, "The motion for directed verdict is denied, as soon as the jury is brought in, the defense will call its first witness."
Looking towar
d Hawk, "your objection is noted for the record and preserved should there be a need for an appeal." Turning his gaze to Collucci. Rodericks just could not help himself.
Once again, the jury paraded in, this time it was clear several were looking at Josh and smiling.
Hawk rose as if nothing transpired, "Your honor, the defense waived its right to an opening statement at the beginning of the trial, reserving it for this moment. I have decided that an opening is unnecessary. The defense calls Chief Winston Franklin Brennan.
Chief Brennan, wearing his full dress uniform, came into the courtroom. His mere physical presence captivating the jury and spectators. As he walked to the witness stand, he made a point of looking at Rodericks the whole way. He then turned and faced the clerk as she administered the oath.
Taking his seat in the witness box, he could almost look the Judge in the eye. Rodericks tried to ignore him.
"Good afternoon, Chief, for the record would you state your name and position?"
"Certainly, my name is Winston Franklin Brennan; I am the Chief of Police for the East Providence Police Department. I have been a member of the department for thirty-six years, the last twelve as Chief."
"Thank you Chief, were you also in the service?"
"I was, I served six years in the United States Marine Corps," smiling toward the jury and adding, "Semper Fi"
"Yes thank you for that, now sir, in your capacity as Chief do you have occasion to review the service records of the officers that serve under you?"
"I do, I make it a habit to review each officer's file annually, time permitting."
Hawk retrieved a file from the table, showed it to Collucci, and then turned to Rodericks, "Your Honor, may I approach?"
Rodericks nodded.
"Chief can you identify this file?"
"Yes, it is the standard personnel folder we use in the police department. This one is Sergeant Williams's file," looking at Josh, nodding slightly.
"The defense moves to have this exhibit marked as Defense A in full."
Collision Course (A Josh Williams Novel) Page 27
