Collucci and Fleming nodded.
Bennett rose from his seat, “If I may, your honor...”
"Mr. Bennett" the Judge interrupted, “for once, just once, can you acknowledge a simple instruction with just an affirmation of your understanding and consent,” shaking his head, “but I know it is too much to hope for. Go on."
"Thank you, your Honor, I have reconsidered. I am fine with your instructions."
Sitting down Hawk looked to Josh and whispered, "Collucci already turned this into a political sideshow, making pronouncements instead of following trial protocols, making public statements, poisoning the jury pool. His Honor's instructions, of which I endorse and concur, are too little, too late, and likely to be ignored by my able brother at the bar." Smiling over at Ms. Fleming, he continued, "The Judge is just going to have to learn to tolerate me. I am not letting the political cocksucker off the hook that easy."
Josh smiled, "My, my Hawk. Is that appropriate language for the US District Court?"
"If there is nothing else, ladies and Gentlemen," the Judge asked, turning to the Marshall, "Bring in the jury"
The jury filed in. They focused on the Judge.
Josh thought of all those talking head analysis of juries about things to look for, signs of a jury's intent. It played on Josh's mind the whole trial. They did not looked at him as they came in. Hawk was not doing his count. Then again, they did not look at Collucci either. Josh did not know what to make of it. He leaned over and whispered to Hawk "they aren't looking at me, is that a bad indication?"
Hawk looked up at the jury, back at Josh, lifted a large binder and dropped it on the desk.
The jury all turned as one.
"They're looking now,” Hawk mumbled out the side of his mouth, shrugging his shoulders, and smiling at the jury, “feel better?"
A moment of silence ensued as the Judge reviewed some notes then, turning to the jury, began to speak.
"Ladies and Gentlemen. The presentation of evidence and witnesses by the government and the defense has concluded. Each side will now have the opportunity to summarize for you their positions on the strengths, and weaknesses, of the case. This is not evidence, and is not to be considered evidence. It is the right of the defendant to have his counsel present their interpretation of the matter before you. The government will have the same opportunity. I ask you to be attentive, respectful, and open-minded about each summary statement. You may give it any value you see fit, but I caution you; it is not evidence.
After both sides have an opportunity to make their summary statement, I will provide further instructions to guide your deliberations. Do not take anything I say, or any ruling I make, during these statements as indication of my favoring one side or the other. It is not for me to judge, in spite of my title," causing laughter among some of the jurors.
“That is for you. I am merely a referee; so to speak, making sure each side has a fair opportunity. As during the trial, any rulings I may make are about the law in this matter, not the merits of the evidence or witnesses. That is your responsibility.
The defense will proceed first. Thank you for your attention this morning and in this whole matter. Mr. Bennett, proceed.”
Hawk rose from his seat, stepped behind Josh, placed his hands on Josh's shoulders, and looked at the jury.
"Ladies and Gentlemen. I have the privilege of representing Sergeant Josh Williams. Sergeant Williams, no," Hawk's voice rising, “No, his name is Josh; you need to think of him as a person, not just a police officer, or defendant, but a human being. This is a man of respect, decency, courage, and integrity. He is not perfect, who among us is? This is a good man.” Stepping around Josh and moving to the podium.
“What the government, your government, my government is trying to do to this good man is a travesty. They have tried to build a case on innuendo, political correctness, racial stereotypes, and emotion. They have subverted the criminal justice system for purposes other than what it was intended, a search for the truth.
They have twisted, perverted, altered and trampled on that noble purpose and now they want you, each of you, to be complicit in that nefarious miscarriage of Justice. Do not let them do that.”
Hawk looked at Collucci and then back at the jury.
“The choice for you is easy,” banging his hand on the lectern.
“Do you know why?” Arms outstretched, palms up, “There is no evidence. Not one single bit of evidence was presented that supports the government's contention that this police officer, this hero, this man who has placed himself in harm’s way for all of us, is guilty of any crime, let alone the charges he has faced in this courtroom.
Mr. Collucci is trying to ride this fairytale to another job!"
"Objection, you honor" Collucci interjected, rising to his feet.
"Back to the point Mr. Bennett," the Judge commanded.
Hawk continued without missing a beat, “the government, represented by Mr. Collucci, has demeaned our justice system. They have shown their disrespect for this court, this defendant, and most importantly, you, the members of this jury.
"The government thinks, by virtue of the fact that they are the government,” his tone rising, walking to the jury, "that you will assist them in this process. They believe by having so-called "experts" in race relations, police profiling, and prejudicial behavior testify, it will conceal from you the lack of hard evidence.
We are all guilty of furthering stereotypes or holding prejudices. How many of you have told, and laughed at, blond jokes, or an Italian joke," looking at Collucci," or even a lawyer joke, well, okay, those are mostly true."
The jury, and most of the courtroom, laughed.
"See,” Hawk continued, "we all hold some aspects of stereotypes within us. It does not control us. It does not make us do things against our own common decency. It certainly does not compel a trained, competent, compassionate, experienced police officer to shoot someone. If that were the case, we'd all be in trouble."
Walking back to the defense table he began shuffling papers, rummaging through his brief case, reading and discarding documents.
"Mr. Bennett, have you lost something?" the Judge asked.
'Sorry, your Honor, I am looking for something." Hawk replied, continuing his search.
"And what would that be, perhaps the court can assist?" the Judge answered.
"It's the evidence, your Honor," turning to the jury, "I am looking for the evidence in this matter, there is none. Well, let me rephrase that. As you all know, Josh was under no obligation to present any evidence in this matter, he was under no obligation to testify before you. I advised him not to. It was not necessary. The government's case was smoke and mirrors. Josh insisted. Josh wanted you to hear from him the truth about what happened that day.”
Turning back to look at Josh he continued "that took extraordinary courage. Josh knew the government would stop at nothing to try to discredit him. However, they could not do it. They made much of some insignificant hearing, some in-artfully posed questions, but they could not show anything other than Josh answering them truthfully.
That is hardly credible evidence of anything. Mr. Collucci will undoubtedly make much of that. He has no choice. It is his whole case.
However, more importantly, Josh answered the most difficult questions the government threw at him. His answers were truthful and complete.
The Government tried to bring out inconsistencies. They failed
The Government tried to get him to change his story. They failed
You know why? The truth is easy to remember, lies are hard. Josh told you the truth. The truth the government tried to hide from you. They failed.
There is one actual piece of evidence, interestingly enough, introduced by the defense, though available to the government, I want you to consider. The prints on the shotgun. The shotgun used to kill two people. Whose prints were on it? Mr. Machado's. He may have tried to right a wrong. He may have reconsidered his involvement in the robbery. His act
ions with the young clerk may have been heroic. We know he suffered because of his experiences in the Marine Corps. While that is admirable, it is not pertinent to this matter.
Josh was facing an individual who was an accomplice to robbery and murder. Mr. Machado took the risk. Things went bad. He may have prevented one death but his actions leading up to that contributed to the deaths of two others.
Josh told you he tried to get Machado to stop moving. He gave Machado every opportunity to surrender. Father Swanson confirmed this.
During your deliberations, you must put yourself in the mind of Josh. You must see the circumstances leading up to the church through his eyes. You have to base your analysis of Josh's actions by what he knew at the time, what he believed at the time, and what he saw at the time. All the things we know about Mr. Machado, all the information we have about the robbery after the fact does not matter.
It is all about what Josh knew at the time and what actions Machado took, in the church, when he knew Josh, a police officer, was ordering him not to move.
He did not comply.
His actions were consistent with an armed individual trying to escape. Keep in mind the shotgun fingerprints, he was, at some point armed and a willing participant in a robbery.
His movements were consistent with his being an imminent threat to Josh and others."
Walking to the table, he reached into his briefcase, retrieved an item, turning quickly, he raised his hand, pointed it at the jury, then put it in his pocket.
"What did I just point at you?" he asked the jury, "how many of you can tell me what that object was?"
The jurors looked at each other, then to the Judge.
"You do not need to answer that." The Judge responded, "Mr. Bennett, to your point please"
Hawk nodded "My point is, that here in this courtroom, in full light, in a controlled, safe, nonthreatening environment, given a moment to look at an item pointed at you from a few feet away, I venture to say all of you have doubts as to what you saw in my hand".
Hawk paused, looking each juror in the eyes.
"Now, put yourselves in Josh's position, chasing a man he believed to have shot two people, one who was refusing to comply with his orders" slipping his hand back into his jacket pocket Hawk lifted his arm, flipped open his cell phone, and pointed it at the jurors.
Several of the jurors jumped.
"Gun, or no gun?" he asked, closing the phone
"Objection, your honor" Collucci rose to his feet, “this is supposed to be summary not show and tell."
"Overruled" the Judge replied, "I'll extend Mr. Bennett the benefit that this will be the sole demonstration."
"It is your Honor, merely trying to illustrate the point." Hawk replied.
Turning back to the jury, Hawk continued, "Now to the point of racial bias or prejudice as motivation for Josh's action. There is no motivation other than an officer facing a horrible situation, making decisions based on what he knew, and the actions of a suspect refusing to comply.
Josh acted as his training, experience, and facts available at the time warranted, not by any prejudice or ill intent.”
Hawk looked at Collucci.
“This case is not about racial prejudice; this case is solely about political gain. Ask yourselves these questions. Is every interaction between a person of color and the police racially motivated? Does that make sense?
The government is trying to turn a tragic incident into an intentional racial one. It failed.”
Moving to the podium again, Hawk lifted the trial transcript.
“Josh was very clear in his testimony that his actions were based on Mr. Machado’s failure to comply with his commands to stop. Read this testimony again if you need to. I know you’ll concur.”
Hawk looked at each member of the jury, shaking his head slowly. “Stop. So simple. All he needed to do was stop moving, and none of this would be necessary.”
He looked at Collucci.
“You will also recall Mr. Collucci spent a great deal of time trying to get a different answer during cross-examination. He tried to elicit some racial bias in Josh’s actions that day. He failed. So much so the Judge stopped him."
Collucci and Fleming jumped simultaneously "Objection!"
"There is no choice but to find Josh not guilty." Hawk continued.
"Approach the bench," the Judge commanded
"Mr. Bennett I warned you,” pointing a finger at Hawk, hand shaking with rage.
"Your honor, this is outrageous. Mr. Bennett has prejudiced the jury beyond repair. I demand you declare..."
"Counselor, nobody demands anything in my court. Mr. Bennett, you will limit your remarks to the facts and evidence before this jury. Do not make this mistake again."
"Your honor, I was pointing out what the jury would see in the record if they asked for it during deliberations. It was about the facts and evidence, or lack thereof, before this court."
"Away, get away from the bench and continue." The Judge dismissed them.
As Collucci stormed back, he could not help but notice a smirk on one of the juror's faces. We will see about this Bennett, Collucci thought, two can play this game and my turn is coming.
Hawk returned to the front of the defense table and continued as if the interruption never happened.
"Ladies and Gentlemen, ask yourselves this question. If you found yourself in a situation such as Josh did, would your first reaction, after shooting them, be to try to save them? Does that sound like the actions of a person holding a racial prejudice?
The whole basis of the government's case is, according to the so-called experts, white cops cannot help themselves but to act in a prejudicial manner when confronted by a black person.
Therefore, Josh shot Mr. Machado because he was black. However, he then tried to save the life of that same black man.
Does that sound like the actions of a prejudiced white cop?
Recall when I asked each of these 'experts' none could explain the conflicting actions.” Looking at each of the jurors.
"Now, ladies and Gentlemen, we are well aware that Mr. Machado was a combat veteran who came home from the war with horrible physical and psychological damage.
We recognize his service. We also recognize that the good part of him, for a brief, shining moment, rose to the surface as he stopped Ventraglia from killing the young store clerk.
Mr. Machado was a troubled young man. A victim of molestation by a member of the clergy, a difficult childhood, the wounds he suffered in the service of this country, all contributed to serious psychological issues. Mr. Machado found himself back at the scene of his molestation, after witnessing the brutal killing of two people during a robbery he agreed to commit. His actions were irrational and clearly posed a danger.
Nevertheless, do not let your natural feelings of empathy for Mr. Machado cloud the fact of his participation in the robbery. His last words were “I tried to get him to stop.”
Raising his hands clasped together, “He did not say I didn’t do anything. He did not say I don’t have a gun. He said nothing of the sort.” Letting that sink in.
“He may have succeeded in saving the young clerk, but he played a willing part in the robbery, resulting in the deaths of two people.
Remember those were the exact same words Josh said to Lieutenant Hamlin, moments after the shooting, 'I tried to get him to stop." The evidence is clear; Josh did everything in his power to get Mr. Machado to comply with his order to stop moving.
Mr. Machado's own actions caused his death.”
Pausing a moment as his words took hold of the jury.
"Josh did everything in his power to get Mr. Machado to stop. He tried to get him to give up.
When it became evident the Mr. Machado was not going to comply, when it was evident Mr. Machado was a risk to Josh and others, when Machado's actions posed a threat, when there was no other choice, Josh did what we asked him to do. To protect us all.
It is a terrible burden to put
on a person. We ask our police officers to do this all the time."
Walking back to stand behind Josh he again put his hands on Josh's shoulders. "Ladies and Gentlemen, the government is now going to try to salvage their case. It would be easier to find the Loch Ness monster. It is not possible. Nevertheless, they will try.
They will try to mask the lack of evidence by fueling the fires of racial inequalities. Do not let them demean or denigrate the history and progress of the civil rights movement for their own political gain. This case is not about race. This is not about prejudice. Do not let the government turn this into something it is not solely for political gain.
Don’t let them turn you into a tool that turns back the clock on racial relations.”
Holding his hands out to the jury, “Don’t let them. It will soon be in your hands to do that.
The commonality of our humanity depends on it.”
Hawk looked at the Judge, then at Collucci, and back at the jury.
“When you adjourn to your deliberations, I want you to remember the things I said, and I want you to remember this man. This good man. Unlike the situation Josh found himself,” pointing at Collucci, “you can make him stop.”
“Find Josh not guilty. Repair the damage done by Mr. Collucci. End this abuse power of by government. That would be justice for everyone.
Thank you for your attention."
Judge Rodericks ordered the jury excused for lunch. As soon as the door to the jury room closed, he exploded.
"Mr. Bennett, in as few words as possible I want you to give me a reason not to hold you in contempt."
"Empathy," Hawk replied without hesitation.
"Empathy? That's the best you can do?"
"Your honor, you said in as few words as possible, I used one."
"If its empathy for your client, I do, if its empathy for you, not so much. You intentionally ignored my instructions. You actions border on contempt. I am struggling for a reason not to hold you as such."
Collision Course (A Josh Williams Novel) Page 33
