"I do," he said in response to the oath and took his seat on the stand. "Good Morning, Your Honor," he added.
Rodericks nodded.
McDaniel knew how to play a courtroom. His calm friendly demeanor always put people, good and bad, at ease. You could not help but like him. Many a bad guy took this nice guy persona as a sign of weakness, vulnerability. Most of them served, or were still serving, long sentences for their mistake. Defense attorneys gave him much respect as well; experience taught them he was not one easily tripped up. If he adjusted the facts to fit the truth, as was all-too-common in the insular world of cops, he did it flawlessly. Experience is a great teacher and McDaniel had decades of it.
"Good Morning Detective McDaniel, would you state your name and occupation for the record?" Hawk began.
"Good morning to you Mr. Bennett," turning to the jury he looked at the first one on the left, top row.
"My name is Joseph McDaniel. I am a Detective with the East Providence Police Department. I have been a member of the department for thirty-seven years," pausing a moment, slight smile crossing his face. "If I recall correctly I was assigned a dinosaur as my first patrol vehicle," causing laughter throughout the court.
Continuing, he said, "I have been assigned as a Detective in the Major Crimes Squad for the past twenty-two years." When he finished he had looked each juror in the eye.
"Thank you Detective, now let me call your attention to the March 15, 2006 were you working that day?"
"I was."
"And did you have occasion to be involved in the robbery-homicide investigation at the Cumberland Farms on Taunton Avenue?"
"Yes sir, I was the lead investigator for this case."
"And, in your capacity as the lead investigator, did you conduct an interview of Mr. David Anthony Ventraglia?"
"Yes, I did. The East Providence Fire Department rescue brought Mr. Ventraglia from the scene to Rhode Island Hospital. He was treated and released to our custody. I and Detective Doyle took him to the East Providence Police station."
"And what did you do once you arrived at the station?"
"We brought Mr. Ventraglia into the interview room. I got him something to eat and a coffee," McDaniel saw the surprise on some of the juror's faces. TV has created such a skewed version of what we do and how we do it.
McDaniel looked back at Hawk, "After he finished, I read him his rights from the standard rights form. I asked if he understood his rights, and if he wanted to make a statement."
"And what did Mr. Ventraglia do?"
"He told me he knew the form better than I did and signed the form."
"Objection, hearsay." Collucci said.
"It was all recorded on the video. You can see it for yourself." McDaniel said before Hawk could reply.
Rodericks looked at McDaniel, "Detective McDaniel, please do not say anything else after an objection is made until I rule."
"Yes sir, sorry." McDaniel replied, looking to the jury for their reaction. He knew they wanted to see the video now.
"The objection is overruled. Mr. Bennett, why don't we move on?" Rodericks said.
"Gladly your honor." Hawk moved to the table and held up an envelope, "May I approach the witness your honor?"
Rodericks nodded.
As Hawk passed Collucci, he showed him the envelope.
"Now Detective McDaniel, can you identify this item for me?"
"Yes, it is the original DVD recording of the interview I conducted with David Ventraglia. The DVD is in a sealed case with my initials on the seal dated March 15, 2006 with the time 15:45. The case was then placed in the plastic evidence bag, sealed, time and date stamped, and placed in the evidence vault at the East Providence Police station."
"Your Honor, we'd like to have the item marked as a full exhibit."
"No objections," Collucci said.
"So marked," Rodericks ordered
"Now Detective McDaniel, would you please open this item,” Hawk asked.
Removing the DVD from the sealed envelope, McDaniel handed it to Hawk. Hawk handed it to the court clerk and waited for the DVD to play on the screen.
The initial video showed Ventraglia sitting at a table holding a cup of coffee. His head was bandaged and one eye was somewhat swollen. McDaniel appears on camera and sits across from Ventraglia.
The audio portion began "David, my name is Joe McDaniel. We know each other pretty well, don't we?"
Ventraglia just nodded.
"David, I am going to read you your rights from this form,” placing a copy in front of Ventraglia, "would you follow along with me please?"
Ventraglia picked up the paper and listened as McDaniel went through the rights form.
"Now David, do you understand these rights as I've read them to you?"
Ventraglia nodded.
"David, if you would, please say yes or no if you understand these rights." McDaniel smiled, his voice sounding as if he was a schoolteacher helping with homework.
"Yeah, I understand. I know the form better than you do. I know the drill, I want to talk, I don't need a lawyer, I didn't do anything. I didn't know that nigger was gonna rob the place. I never saw the shotgun. He hid it under his jacket when I went to pick him up."
"Okay, David, we'll get to that. I want to hear the whole story but let's make it all nice and legal," handing Ventraglia a pen McDaniel continued, "would you initial each line and then sign and date the bottom for me."
Ventraglia quickly went down the list, signed it, and pushed the form over to McDaniel. "You guys should just keep these on file for me, I always sign them, don't I?"
McDaniel smiled, "Yes David, you are always cooperative with me, I appreciate that." Taking the form and sliding it under his notebook. "Let's start from the beginning, when did you first meet Machado?"
"You mean yesterday, or when I first met him before that?"
"Let me put it this way, how long have you known him?"
"I don't know, awhile. I've just seen him around. We've partied once in a while," Ventraglia kept glancing toward the camera, "but other than that, I don't hang with him, I don't really know him that well."
McDaniel took some quick notes, "Now let's talk about yesterday. When did you meet up with JoJo?"
Ventraglia never missed a beat, painting a beautiful tale of just happening to see Machado outside the complex at twenty-five Gemini Drive, not recognizing him at first, and Machado asking him for a ride to the Cumberland Farms.
"Why were you at Gemini?" McDaniel asked.
Ventraglia hesitated, "Ah, I was just passing by, I go that way sometimes. I have friends that live there."
"Who else do you know lives there?" McDaniel continued
"Just some guys, that's all, people I see around." Ventraglia was starting to fidget.
"Did you know JoJo lived there?"
"Ah, yeah, I think so; I'd been to a few parties there and saw him."
"I see," McDaniel replied, "So you pick him up and take him to Cumberland Farms?"
"Yup"
"How did you drive there?"
Ventraglia looked up, "In my car," smiling at McDaniel.
"Which road did you take?"
"South Broadway, to Broadway to Grosvenor. What other way is there?"
McDaniel made another note, watching Ventraglia's feet moving in a shuffle, back and forth, knees shaking. "Did you go anywhere else before getting to Cumberland Farms?"
Ventraglia looked up at the ceiling, "oh yeah, wait a minute, I just remembered, he asked to go to Rite Aide. I took him there first."
"And you did this why, out of the kindness of your heart?" McDaniel asked.
"Okay, you got me," came the answer, "He offered me some weed, I think he deals but either way he had a couple of bags and offered me some. Call DEA they'll want to take over now." Ventraglia leaned back, folded his arms, and smiled.
"I think DEA has better things to worry about. Now, just so I have this straight. You go to Gemini for no particular reason, see Jo
Jo, a guy you barely know, he asks for a ride to a couple of places, and you drive him, right?"
"For the weed, yup. It saved me the trouble of going downtown to get some later. I had a few bitches coming over to party later. I do that a lot you know. You must have done that back in your day, huh? A few centuries ago?" laughing at his own attempt at humor.
"David, I am so old weed was something I pulled out of the lawns I cut for pocket money," smiling right back.
Ventraglia visibly relaxed. McDaniel had that effect on people.
"Now, when you get to the Cumberland Farms, what happens?"
"JoJo asks me to pull around back, so I do."
"And you didn't find that strange?"
"Nah, I figured he wanted to get in the store and back out quick cuz he was carrying weed. If cops came by they might decide to fuck with him and he could run. If they saw him get in a car, they had better control over him. Your fucking uniforms are always messing with the brothers, you know. It ain't right. You guys are always prospecting people."
"You mean profiling?" McDaniel replied.
"Whatever, just messing with people for no reason."
"Okay, so then what happens?" McDaniel asked.
"I decided I needed cigarettes, so I get out of the car and walk to the front of the store. JoJo is standing there. He says 'Take this', hands me the shotgun, and pushes me in the store. I tried to go back but he pushes the door closed. So I am standing there, like, what the fuck man, what do I do? I look and there's some dude yelling at me. JoJo comes in, takes the shotgun and blasts the guy, and then another guy comes running with a knife and he blasts him. I am like, what the fuck dude? He then sees a girl behind the counter and he jumps on her like he's humping her or something. It was un-fucking-real man. I started to yell at him. He jumps up and clocks me with the shotgun. I went down man, I saw stars. I came to and ran out the door."
Ventraglia paused; his head slumped on his chest. "I just wanted to get out of there."
McDaniel nodded, "Go on, what happened next?"
"I ran to my car, I heard sirens and wanted no part of the cops. I got in the car, fired it up, and jetted out. As I started out of the lot, someone ran in front of the car. I turned the wheel, the car shot forward, and I hit a pole. After that, I don't remember much," pausing a moment, looking at McDaniel "as a matter of fact, I ain't really sure about any of this. They say I have a concussion and that can cause memory loss. I probably have that."
This continued for another thirty-five minutes with Ventraglia continuously changing the story as he remembered new facts. The point made, Machado participated in the robbery. He held the murder weapon, corroborated by the FBI fingerprint report. The jury now possessed a better idea of the 'victim' in this case.
As the video ended, Hawk moved back over to the jury. "Detective McDaniel, after you completed the interview, what did you do?"
"I brought Mr. Ventraglia down to the holding cell to await transportation to the ACI, ah the Adult Correctional Institution, Intake Center. Secured the DVD in the evidence bag and placed it in the evidence holding locker for permanent filing by the BCI detectives." McDaniel replied.
"I have nothing further your honor." Hawk returned to his seat.
"Just a few questions, your Honor," Collucci rose.
"Detective McDaniel, isn't it true that before being transported to the Intake Center, Mr. Ventraglia was taken back to Rhode Island Hospital?"
"Yes, that's true." McDaniel calmly answered.
"Do you know why that was necessary?"
"No, I was not involved in the transport."
"Did you notice anything about Mr. Ventraglia's physical condition when you placed him in the holding cell?"
"Yes, he was bandaged from the injuries suffered in the car accident, one of his eyes were swollen. I assume he was trying to avoid the prison and spend the night at the hospital." McDaniel answered.
"I am not interested in assumptions, only facts Detective. Now isn't it true you inflicted a beating on Ventraglia as soon as the camera was turned off." Collucci looked to the jury for their reaction.
"No," McDaniel answered calmly, "Mr. Ventraglia was handled in accordance with the law. I take that very seriously, sir."
Collucci spun around, "Are you testifying, under oath I might add, that you didn't beat Ventraglia. A man responsible for two murders, a person you have personally arrested numerous times, one you considered responsible for the situation Sergeant Williams finds himself. Is that your testimony, Detective?" Collucci was losing his composure.
McDaniel was not.
"Yes I am," McDaniel sat up and looked at the jury, "my job is to interview and gather evidence. Mr. Ventraglia's statement was sufficient to show his involvement in the robbery and shooting. He tried to spin a tale, but the contradictions and physical evidence say otherwise. I do not beat prisoners to get confessions. There is no need. That's television cops. Here in the real world I talk to them, and they talk to me. Frankly, sir I resent the implication. That's not how good cops work." McDaniel saw half the jury nodding in agreement.
"Nothing further your Honor." Collucci said.
Hawk loved watching the man self-destruct.
Rodericks looked at Hawk. Hawk shook his head. Rodericks said "Detective McDaniel, you are excused. Thank you for your testimony."
McDaniel smiled at the jury, rose from his seat, and walked out of the courtroom, patting Josh on the back as he past him.
Chapter 72: On the Stand
Hawk rose slowly from his seat, moved to stand between the two opposing tables, "the defense calls Sergeant Joshua A. Williams."
There was a slight buzz in the courtroom. Rodericks quickly moved to contain it, "there will be no outbursts in this court. Anyone," looking directly at the three rows of uniformed police officers from several different departments," anyone that violates this will be removed from the courtroom. Please continue, Mr. Bennett."
Josh stood, walked to the stand, and took the oath. Dressed in a dark gray suit, he projected an image of confidence and trustworthiness. The jury, to a person, was looking intently at him. This was what Hawk wanted. Chris told him about the juror she recognized. He would play to that hidden ace. Emotions drive most decisions, use it correctly, and it will overcome almost anything. Even the truth.
Hawk paused a moment to let the jury take their measure of Josh. This is where he earned his money and he was going to make it memorable.
"Josh, or more appropriately Sergeant Williams, would you please tell the jury about your current employment?"
Collucci was on his feet, "Your Honor, in the interest of saving time, the government would consent to having Sergeant Williams’s personnel file submitted as a full exhibit for the jury to review." He was not going to give Hawk any opportunity to Canonize Saint Josh before the jury.
"Your Honor," Hawk began.
"Save it, Mr. Bennett," Rodericks interrupted, "While the court appreciates the government's thoughtful gesture I have no intention of denying or restricting this defendant's opportunity in front of the jury. He may testify as to his experience and position," pausing to look at Collucci, "and we will so mark and submit the personnel file as a full exhibit."
Collucci sat down, glaring at Fleming as she tried, but failed, to conceal a smile.
Hawk looked at Josh, indicating he should continue.
Josh looked at the jury, "As you know, my name is Joshua Williams. I am a member of the East Providence Police Department and have been for ten years. My current rank is Detective Sergeant, assigned as the assistant commander, Special Investigations Unit. I have been in this position for three years."
"Now Sergeant, Chief Brennan testified as to the content of your personnel file. He testified that there were no disciplinary actions against you, is that accurate?"
"Yes, there are always complaints, but none of them were ever substantiated. It goes with the territory; any good cop doing his job will have people complain. I learned a long time ago, from
cops like Joe McDaniel, to treat people fairly, no matter the circumstances. It has always worked for me." Josh looked at the jury again; some of them were nodding their heads.
Collucci was on his feet again, "Objection, this is storytelling your honor. Narrative and commentary is not appropriate on direct."
"Overruled," Rodericks quickly replied, "However, Sergeant, please confine your answers to the question asked without editorializing. You may continue, Mr. Bennett."
"Thank you, your Honor. Sergeant, I'd like to turn your attention to March 15, 2006, were you on duty that day?” Picking up a paper then putting it down, Hawk made a quick note.
"Yes. Lieutenant Hamlin and I were returning from court.”
"At what point did you become aware of another incident in the city?"
"As we were coming off the highway onto Warren Avenue, dispatch put out a radio call for shots fired at Kent Farm. I immediately began to head in that direction. Before we got to the intersection of South Broadway and Warren Avenue, Lieutenant Ackerly called in that he was at the location and there was nothing showing. He told dispatch to cancel all but two uniform cars to the scene."
"Then what happened?"
"I turned onto Broadway and headed north to check out information we had on a fugitive. Dispatch put out another call for a shooting at the Cumberland Farms, Taunton Avenue. The dispatcher reported receiving multiple calls on this one. I realized the first call to Kent Farm was a diversion. I turned onto Grove Avenue heading toward the scene." Josh paused a moment, looking at Hawk to see if he should continue.
"Sergeant, how did you know the first call was a diversion?" Hawk asked.
"Experience. It has happened a number of times in my career. Lieutenant Ackerly even asked how many calls they received on the shooting. There was only one. The bad guys think by diverting officers away from the area they will improve their chances to get away. To be honest...”
Collision Course (A Josh Williams Novel) Page 29
