Judge McCormick banged his gavel. “Good morning,” the judge said like a teacher addressing an anxious classroom of students at the start of a new school year. “Today we have a waiver hearing to determine if the defendant Malik Williams’s case will remain in juvenile court or be transferred to criminal court. We have a crowded courtroom. I know this case has received quite a bit of media attention.” His eyes briefly met Roger’s. “However, the sole purpose of this hearing is to determine if Mr. Williams will be tried as an adult or a juvenile. Do you understand?”
Almost as one, ADA Dembe, Roger, and Calvin stood and affirmed their understanding of the purpose of the present hearing.
“Good. This case has had an unusual procedural history. It ended up in my courtroom because of the bomb threat at the CJC that just so happened to have occurred on the same day the defendant was arrested. He was processed as a juvenile per an emergency order as were all underage defendants who had the good fortune of being arrested on the day in question. Under normal circumstances, murder one is a statutory exclusion, which means the underage defendant’s point of entry in the system is at the criminal level. The defendant is tried as an adult unless he is waived back to juvenile court pursuant to section 6322 of Pennsylvania statute 42. I am hearing this waiver, rightly or with great error, Ms. Dembe, because the case was assigned to me, and I do not see any point in sending it to criminal court just so the waiver hearing can take place there when I am well versed on the statutory requirements of section 6355, which govern this hearing. The defendant has the burden. Ms. Dembe, before the defense seeks to meet its burden, are you ready to give a showing of evidence regarding the homicide of Troy Barnes.”
“I am, Your Honor. I call Officer Peter Rhinehold to the stand.”
Loretta and Kim turned to get a good look at the officer, but Janae’s eyes remained fixed on Malik. She could sense his discomfort the first moment he saw the officer who not only arrested him but beat him.
Officer Rhinehold, dressed in his official blue uniform, stood up. His Glock 22 was holstered on his right hip. His body was rigid and his eyes blank. A swishing sound filled the quiet courtroom as he walked toward the witness stand.
After the officer was sworn in, ADA Dembe asked from the prosecution table, “Officer, would you please state your name for the record.”
“Yes. Officer Peter Rhinehold, badge number 4552.”
“Officer Rhinehold, could you tell us your involvement in this case?”
“Yes. I was the lead arresting officer, along with Officers Elliott, Schmidt, Kartchner, and McDaniels. We received an anonymous tip that the perpetrator of the homicide of Troy Barnes, which had occurred two hours earlier, was on the corner of Fortieth and Poplar streets. A detailed description was given of the defendant—that he was an African-American teenage boy wearing a blue hoodie, black leather jacket, and blue jeans. The anonymous caller also said that the victim and the defendant had had an earlier argument, which was later confirmed by several witnesses. When we arrived at the exact location of the tip, we found the defendant wearing the exact clothing. We placed him under arrest and initially took him to the CJC, but we were rerouted to 1801 Vine Street because of the bomb threat.”
“Could you tell the judge the nature of the fatal wounds that the deceased sustained?”
Officer Rhinehold shifted his body slightly toward the judge, but kept his mouth still positioned squarely at the microphone. “The victim, Troy Barnes, was shot twice at point-blank range. Once to the back of the head”—he moved his right hand to the back of his own head and held it there for a few seconds—“and once in the lower back, around the fourth lumbar”—and again he indicated the spot on his own body.
“Is the person you arrested for the homicide of Troy Barnes in the court this morning?”
Pointing at Janae’s son, the officer said, “Yes. It’s the defendant, Malik Williams.”
ADA Dembe smiled at the officer. “That’s all I have for you now. Thank you.”
As the officer turned his body, preparing to leave the witness stand, Calvin stood up.
“Officer Rhinehold, I have a few questions for you.” He buttoned his suit jacket and picked up his yellow legal pad. He stepped from behind the defense table and walked toward the cop. He stopped when he was about two feet from the officer. “Did you find the gun that was used in the homicide?”
Officer’s Rhinehold eyes shifted from Calvin to ADA Dembe. He waited a few seconds before he began to speak, as if waiting for the ADA to object.
“No.”
“Forensic analysis is currently being conducted on bullets removed from victim Troy Barnes and a subsequent shooting victim, isn’t that correct?”
Officer Rhinehold’s eyes narrowed. Calvin shifted his body to block the officer’s view of opposing counsel. “Well, isn’t it?” he demanded.
“Objection, Your Honor,” Dembe’s voice bellowed through the courtroom. “This is a hearing, not a trial. Counselor’s job here is to present a basis for allowing the defendant’s case to remain in juvenile court. This goes beyond the scope of the limited purpose of this hearing.”
“My job, Your Honor, is to provide the best legal defense for my client at every opportunity. If this bullet analysis comes back matching, the prosecution just may have the wrong defendant. And at the very least, it specifically addresses the culpability of my client, which is a factor in the hearing.”
The judge leaned sideways toward the officer. “Answer the question.”
The officer gritted his teeth. “An analysis is being conducted. Last I checked, there weren’t any results yet.”
“Has an arrest been made in that subsequent case?” Calvin looked down at his notes and slightly shook his head. “Let me rephrase that, what is the name of the individual who was arrested for the murder of Michael Gaines?”
Janae and Loretta simultaneously turned toward each other. Loretta looked like her heart was shredding all over again. Janae squeezed her hand.
If Calvin knew the answer to this question he sure was not letting on. It was clear that Roger was just as confused by the direction his partner was going as the rest of the people in the courtroom.
ADA Dembe, who never sat down from her first objection, raised a new one. “Objection, Your Honor, this is irrelevant. Counselor has moved on to another case and has yet to address the one he is counsel on.”
Calvin turned to the judge. “If you would just allow the question, I will demonstrate the connection.”
Judge McCormick pursed his lips. He gave Roger an eye of warning. “I am inclined to give you this inch of leeway, but it better produce fruit. Objection overruled. Counselor, get to your point. And quickly.”
The officer cleared his throat. “We just made an arrest at five this morning. The defendant’s name is Jonathan King, aka Little John John.”
“That is a lie! He is lying.” Loretta violently leaped up off the bench. She stood, shaking with a tear-stained face.
The judge banged his gavel. “Take your seat, ma’am, or I am going to have you ejected from this courtroom.”
Both Janae and Tameka, on either side of her, tugged gently at her arms. “Loretta, please sit down,” Janae whispered. “Don’t you want to hear what the cop has to say?” Janae tugged at her stiff arm again. “Sit down.”
Reluctantly she sat in her seat, all the while speaking under her breath, “That officer is lying. It couldn’t have been Little John John.”
“Officer, in your investigations into the murders of Troy Barnes and Michael Gaines, did the name Shaun G come up?”
The officer shifted in his seat. He leaned farther in to the mic, his lips nearly touching it. “No.”
Janae closed her eyes and shook her head. Is Shaun G real? Is he a figment of our imagination? Could Michael and Kim both be wrong?
“Did you interview Michael Gaines’s mother?”
“Yes.”
“That is a damn lie! You never interviewed me.” She was on her feet now, pointing a sti
ff arm at the officer. “He is lying! How dare you sit there and lie!”
Worry coursed through Janae like poison. She sat on the edge of her seat. Why would the officer risk lying about interviewing Loretta? If he would lie about Loretta, he’d lie about Shaun G, too.
The judge pointed his gavel at the bailiff. Immediately the tall uniformed man walked toward Loretta and grabbed her by the arm. She snatched herself loose before he had the chance to physically remove her from the courtroom. She almost made it to the other side of the bar before she felt a harsh tug on her right arm. That didn’t stop her, though. Her mouth was still free. “Why are you lying?”
Without prompting, the officer said, “That investigation has not officially closed. I said we interviewed the mother because that’s normal protocol. If it hasn’t happened yet, she can expect it any day now.”
“Are you changing your answer to the question? Are you now saying you did not interview Michael Gaines’s mother?”
The officer cleared his throat again. “I am saying your question was confusing. Michael Gaines’s mother will be interviewed, if she hasn’t already been.”
The judge sat unnaturally erect as he followed this exchange.
“Really?” Calvin’s eyes squinted as he stared the officer down. “My question was confusing?”
“I have no further questions for this witness.” Calvin turned to walk back to the defense table. He rubbed his chin pensively.
Roger grabbed Calvin by the arm before the young attorney had the chance to address the court again. “Where the hell did that come from?” he whispered.
Calvin discreetly pulled out his cell phone and leaned toward Roger. On the screen was a text message—
JONATHAN KING ARRESTED FOR KILLING MICHAEL GAINES
The return number belonged to Margaret’s CPHR issued cell phone. The time stamped showed that the message had been received moments before the hearing began.
Calvin straightened his body and turned fully toward the judge. “Before we go any further, I think it is important to immediately get a copy of the affidavit for the arrest warrant on Jonathan King.”
The judge raised his hand to stop him. “I already have my clerk on it. We are also looking into the bullet analysis while we are at it.”
“Your Honor, this is a waste of the court’s time. These things have nothing to do with the hearing today,” said the irritated ADA.
“Have a seat, Counselor. Better yet, is there any additional evidence you plan to submit to establish a prima facie case against the defendant?”
“No, Your Honor.”
The judge turned to Calvin. “Are you ready to proceed?”
Calvin stood to his feet, buttoning his suit jacket. “I am, Your Honor. But before the defense calls its first witness, there are a few stipulations that the prosecution and the defense have agreed to. First, we stipulate and agree that Malik Williams was fifteen years old on January twentieth, which is the day of the alleged homicide. Second, we stipulate that Malik Williams was actively enrolled at University High School, where he maintained a C-plus average. The final stipulation, Your Honor, is that Malik Williams has never been arrested, charged, convicted, or adjudicated delinquent in Philadelphia County or any county in the United States of America.”
“And you agree to these stipulations,” the judge asked the prosecution.
ADA Dembe nodded. “Yes, Your Honor.”
“Then the stipulations are accepted by the court. Call your first witness.”
“Your Honor, we call Kim Jones.”
Kim walked to the witness stand slightly hunched over, her head down. Even in this frail state, she looked better than she did a few days ago. Her clothes were clean and fit her small frame well. Her hair had been washed and curled.
Janae and Tameka looked at each other, completely unsure. Tameka forced a smile and grabbed Janae’s hand and squeezed it. They both turned back to the defense’s first witness.
“Good morning, Ms. Jones.”
Kim moved forward in her seat to get closer to the microphone. She cleared her throat and a dry hack echoed throughout the courtroom. “Please call me Kim.”
Calvin smiled, pleased to see that she was comfortable enough to correct him. “Okay, Kim it is. Could you tell the judge what you witnessed on January twentieth?”
She turned slightly toward Judge McCormick, with her eyes still on Calvin. “Well, like I told you before—”
“Kim,” Calvin interrupted her, “I want you to pretend like this is your first time ever telling this story. Tell the judge everything you observed.”
“Everything?” her voice squeaked.
In Kim’s mind, everything meant telling the judge about her own crimes. It meant risking one of these gun-strapped, overzealous officers arresting her after her testimony. She looked at Janae, Tameka, and then Malik.
“Everything,” Calvin repeated himself.
“I came out to the corner looking to buy some drugs.” She glanced at the judge but quickly looked away, not wanting to feel the sting of disapproving eyes.
“The person I sometimes buy it from was there. He goes by the name Shaun G. Troy and Malik were there and also a few others who were with Shaun G.”
“How do you know these boys were with Shaun G?”
Kim scrunched her face. “They stood right beside him. They talked to him. Every time he said something they would nod their heads in agreement or say what he said. I don’t know. It was just clear from seeing them that they knew each other and were together. Oh, also when Shaun G left, they went with him.”
“Do you know the names of these boys you are talking about? The ones with Shaun G?”
Kim nodded her head vigorously. “Yeah, they were Michael Gaines and Little John John.”
“What else did you observe?”
“I remember Shaun G trying to get Malik to sell drugs for him and Malik saying no. Then Troy got in the middle of it and called Malik a pussy. He told Shaun G that Malik was not the right guy for what he wanted.”
“Go on,” Calvin encouraged her.
“They argued some more.”
“Shaun G and Malik?”
“No, no, not at that time. It was Troy and Malik. Malik was really angry. I guess because they had been friends and Troy just called him out. Troy didn’t seem angry at all. You ask me, I believe Troy was trying to protect Malik from—”
ADA Dembe sprang to her feet. “Objection, Your Honor. This is pure speculation.”
“Sustained,” the judge ruled.
Calvin moved closer to the witness. He placed his hand on the front rail of the witness stand. “Kim, keep your answer to what you actually observed,” Calvin said.
“Well, after Troy and Malik got done fussing, Malik left.” Her dull eyes widen. “And that’s when the real shit happened.” Her eyes darted toward the judge. “Excuse me. I meant to say stuff. The real stuff went down after Malik left.”
“What specifically do you mean?”
“Shaun G and Troy started going at it.”
“Objection, Your Honor. This is not a trial. And this Shaun G is not the one who is accused of this heinous crime. We are here to determine where the trial will take place, here or in criminal court.”
“Your Honor, the prosecution seeks to try Malik Williams as an adult for first-degree murder. There is the question, even at this hearing, of whether the evidence bears out that my client should ever have been charged with committing the crime he stands accused of.”
“ADA Dembe, counsel is correct. The prosecution should be just as interested in the evidence as the defense. You do want the right guy?”
ADA Dembe gritted her teeth. “Of course, Your Honor. And we believe we have the right guy.”
The judge nodded to Calvin. “Please continue.”
Kim looked at the judge with a puzzled look on her face. She pointed her index finger to her birdlike chest. “Are you talking to me?”
Judge McCormick grinned. “Yes.”
/> Kim looked nervously at the judge. “Well, Shaun G had a gun in his waist. He lifted the bottom of his jacket up and grabbed at his gun. He didn’t pull it out of his pants. He told Troy, ‘You’ve messed with my money for the last time.’ I thought he was going to shoot him right then and there. Shaun G looked at me. I thought he was going to shoot me, too.” She shrugged her shoulders and her voice trailed off.
“Just focus on what you actually saw, Kim,” Calvin told her.
“Okay. Well, nothing much else happened other than Troy just kind of laughed at Shaun G in a weird way. It was kinda like he didn’t care if Shaun G killed him right there. I remember Shaun G telling Troy to hand over the drugs he was selling for him. Troy did. Next thing I know, Troy was dead, and Malik”—she spoke in a tone of utter disbelief—“he was arrested for his murder.”
“I have no further questions for this witness.” Calvin smiled at Kim to let her know that she did well. He walked back to the defense table and sat down.
Roger leaned toward him. “Well done.”
ADA Dembe was on her feet before Calvin reached the defense table. “Your Honor, I have a few questions for this, this witness.” The prosecutor’s lips curled at the ends as if she was about to bite into a piece of choice meat. “Kim, it’s Kim, right?”
The witness nodded.
“Exactly how long have you been addicted to crack cocaine?”
Kim lowered her head slightly. Her eyes fluttered a bit. “I’ve been on drugs all my adult life, about seventeen years. But I’m in rehab now.” Her eyes found her sister’s. Tameka nodded gently.
“Were you high the day of January twenty-second?”
“When are you talking about? Naw, I was on that corner with Malik, Troy, and Shaun G because I was looking for drugs. I wanted to buy. I was not high at that time.”
“But you were high at other times on that day?”
“Yeah, I guess.”
ADA Dembe gave Kim a look that indicated that she couldn’t be trusted. Once a crackhead always a crackhead. Kim could no longer look her sister in the eye.
“I have no further questions for this witness.”
Kim got down from the stand, eager to return to the safe environment of the rehab center. She could feel the familiar death hands of her addiction grasping at her throat.
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