by Mark M Bello
“Okay,” Bigalow agrees. “I’ll talk to Bialy.”
***
Lawrence Bialy is the Wayne County prosecutor. Many recent high-profile cases have catapulted his career. The most recent was the Arya Khan case. A young, East Dearborn Muslim woman was falsely accused of murder. Her attorney, Zachary Blake, proved her innocence, and Bialy joined Blake in assuring that a judge formally exonerated her. Because of his smart politics, Bialy ended up a hero rather than the idiot who tried to prosecute an innocent young Muslim woman. He scored major points with East Dearborn voters.
Today, Brian Bigalow is entering Bialy’s office with a political powder keg. An innocent black man was gunned down by a police officer in the predominately white downriver community of Cedar Ridge. Bialy recalls his brief conversation with Chief Brooks and ponders the position Brooks is putting him in. Real nice Brooks—punt and dump this shit in my lap. Black Lives Matter will have a field day with this. I’m not touching this case without some political cover of my own. This crap goes to a grand jury. Let the jury decide whether or not to recommend an indictment and, if they don’t issue an indictment, well, sorry, it was a grand jury and not the Wayne County prosecutor that made this decision.
Brian Bigalow taps on Bialy’s office door, startling the prosecutor from his thoughts.
“Good to see you, Brian,” Bialy whispers. “I talked to your boss. What’s your pleasure? I’m not sure how I can assist.”
“Good to see you, too, Larry. Wish I were here under better circumstances. The chief told you about the Jones-Hayes shooting case?”
“He damned sure did.”
“The chief feels an investigation and possible prosecution of Jones should be considered. He doesn’t buy the reason for the stop, and even if the stop was kosher, he believes Jones should have left these people alone once he saw they were not the Burger King suspects. The chief believes if Jones had done that, none of this would be happening now.”
“With all due respect to what Chief Brooks thinks, what does the evidence say?”
“We’ve got dash cam video and the deceased’s wife’s iPhone video, which she posted on Facebook as the incident unfolded. We also have Officer Jones’s recorded statement to Internal Affairs. Together, these pieces of evidence are not exactly favorable to Officer Jones.
“Chief Brooks feels, and I agree, that the evidence suggests that Jones racially profiled these people. Many people will conclude this is a textbook ‘driving while black’ case.”
“I agree this isn’t a pleasant situation for Cedar Ridge or Wayne County. Perhaps we should punt.”
“Punt?” Bigalow looks confused.
“Send the case to the US Attorney’s office. Let’s see if they’ll pursue this as a civil rights violation.”
“Chief Brooks doesn’t mind that idea, but as an included endeavor, not instead of one.”
“So that’s how things are? We could let a grand jury look at the case. There’s a panel convened for a racketeering case in front of Judge Fenkell. I’ll see if he’s willing to let the jury hear the evidence on this one.”
“Great idea, Larry. Chief Brooks will be very appreciative.”
“Get me the evidence you have compiled so far, as soon as possible, and I’ll shoot it over to Fenkell, okay?”
“More than okay.” Bigalow is smiling.
“Tell Brooks he owes me one. This is the kind of case that can derail a career.”
“I’ll tell him, Larry.”
“Anything else?”
“No. That’s it.”
Bialy stands and looks toward the door, a clear indication that Bigalow is being dismissed.
“I get it. I’ve been thrown out of better places.”
“I’m not throwing you out. I’m asking you nicely to get the hell out of here. I have work to do and a grand jury to impress.” Bialy nods toward the door.
“I’m gone.”
“Then why am I looking at your face rather than your ass?”
Bigalow rolls his eyes.
“Bye, Larry.”
He walks out the door.
Bialy stops him at the door and grimaces.
“This case could be a political disaster. I need everything you have. Get me the goods on this guy, and we’ll get it done. I’ll keep you guys posted.”
***
A grand jury, unlike most judicial proceedings, conducts its business in secret. A prosecutor uses a grand jury for a variety of reasons, one being the political cover that Lawrence Bialy seeks in the Jones-Hayes case. A grand jury has broader powers than the police or the district attorney do. The jury can subpoena reluctant witnesses or anyone who has refused to speak with investigators. It can also subpoena documents it discovers were previously withheld from its consideration. A grand jury also serves as a testing ground for the evidence. At its core, it is a group of ordinary citizens that investigates whether a crime has been committed and attempts to determine whether there is probable cause to take a case to trial. It delivers a prosecutor a ‘strength of the case’ analysis. Is an indictment achievable? What more is necessary?
Grand jurors serve for eighteen months and can investigate more than one case at a time. They may meet at odd hours, only as necessary. They may meet several times a week, during the day, in the evening, or not at all on some days. The prosecutor directs the presentation of evidence and asks most of the questions, but grand jurors may also question witnesses. In most cases, proceedings, meeting places and time, are secret.
The only people allowed into a grand jury room are the jurors, the prosecutors, the court reporter, a particular witness, and, sometimes, the witness’s attorney. The attorney’s role is limited to providing advice to the client. Attorneys don’t ask questions and, in many cases, cannot even sit in the jury room with their witness-clients—witnesses are required to step out whenever they wish to consult with their attorneys. Everyone is sworn to secrecy. From time to time, a judge might be called in to resolve legal issues.
Bialy is ambivalent about using this grand jury in the Jones case. He likes the political cover it provides for him in the community. However, if the jury issues an indictment, and Bialy is reasonably certain that it would, the case becomes his to try. The jury will need only probable cause for an indictment. At trial, the prosecutor must prove guilt beyond a reasonable doubt, a much higher standard of proof.
Baily senses that the Jones case is no easy win and a political nightmare. Wayne County’s largest city, Detroit, has a predominately black population. Many suburban Wayne County cities are predominately white. So, regardless of the outcome, Bialy will be pissing off some segment of his voters. If a grand jury fails to indict or indicts Jones and Bialy fails to secure his conviction, civil rights protests are likely in an already divided Wayne County. If Bialy secures a conviction, he becomes anti-cop or anti-law and order. It’s a classic lose-lose situation.
Secretly, Bialy hopes that a grand jury gathers tons of evidence, fails to indict, and allows Bialy and his team time to review and perhaps supplement the evidence. After review and supplementation, he might reopen the case in front of another grand jury.
But the chances are slim to none.
Having watched video footage and read the transcript of Jones’ interview with Internal Affairs, Bialy fully expects a ‘true bill’ to issue a full indictment of Randall Jones.
Bialy sits back in his executive chair and gazes out his window at the Detroit skyline.
Tough city with tough people, but we’ve made a nice comeback from some very tough times.
Out his window are signs of economic development downtown. White and black-owned businesses are re-establishing a Detroit presence, and seeds of racial harmony are being planted. However, now that this evidence has been turned over and a grand jury is involved, Detroit and its Wayne County neighbors might be headed for a racial confrontation, unlike anything the Detroit area has seen since the 1967 riots rocked the city. The community doesn’t need this Jones-Hayes debacle
.
Chapter Four
Zachary Blake is a prominent Detroit area civil trial lawyer. His practice is focused on high-value personal injury cases. On occasion, because of his trial skills, he commands six-figure fees representing high profile criminal defendants. His most recent successes were criminal cases where he proved his clients’ innocence to judges and prosecutors, getting all charges dropped before the cases went to trial.
Blake is now a legend in the Detroit legal circles, but it wasn’t always this way. Once a highly effective trial lawyer, Zachary experienced a series of personal and business setbacks that caused him to spiral downward, ignore friends and loved ones, and give up his dream of championing justice. Less than five years ago, he was working out of a one-room office on Eight Mile Road, hustling misdemeanors, juvenile and traffic cases.
After his recent high profile courtroom successes, Blake’s practice is booming. He’s not only in high demand and frequently tapped to handle the highest-profile civil and criminal cases, but also offers his opinion on all matters that had legal issues or implications. The Jones-Hayes matter is undoubtedly one of those. Blake has made sure that the media knows he’s available for comment.
Today, Blake and his family are having breakfast at the Original Pancake House on Woodward Avenue in Birmingham. They’ve traveled to the restaurant in separate cars because Blake is scheduled to appear on a Sunday morning talk show to discuss the legal ramifications of the Jones-Hayes case.
His adopted sons, Kenny and Jake, both order the Big Apple. This pancake is akin to eating an apple-cinnamon pie. These culinary beauties are cooked to order and take twenty to thirty minutes to prepare.
As his family members wait for their masterpieces to arrive, Blake gazes at his breakfast companions. His wife Jennifer and her two boys are bent over their iPhones, distracted by Internet news or texting marathons. Blake’s mind wanders to the time they first met.
With a single phone call to his office, Jennifer changed his life. She wanted him to obtain justice for her sons against a powerful church and a predator priest. Blake took a hard look in the mirror, dusted off long-forgotten trial skills, and won a nine-figure trial verdict, the highest ever achieved in a Michigan courtroom. Several years later, the verdict is still the Michigan record.
The icing on the cake was that Zachary and Jennifer fell in love. They eventually married, and Zack adopted Jennifer’s sons. The three are the loves of his life, but at this moment, he is annoyed.
Suddenly, Blake claps his hands together. He startles his family up from their phones. They look around apologetically at startled patrons sitting nearby.
“What Zack? You’re embarrassing us!” Jennifer exclaims.
The two boys look at him like he’s from outer space.
“Can we all put down our cell phones and enjoy each other’s company for a few minutes while we wait for the food?” Blake requests.
“Sure, Dad,” Jake agrees. “What would you like to talk about?”
“Yeah, Dad, sure,” Kenny mimes, staring at his iPhone screen.
“Kenny, Dad’s right. Put down the phone for a minute, would you?” This was not a request. My mother used to say: Pick your battles.
“Sure, Mom,” Kenny grouses. He puts down the phone but continues to glance at the screen.
“Do you guys know why I’m appearing on Channel Four this morning?”
“No, Dad, but I’m sure you’re dying to tell us.”
“I’ve been summoned to give my legal opinion about the Jones-Hayes situation.”
“Which situation is that?” Kenny inquires.
“Jones-Hayes,” Blake repeats.
“What’s it all about, Dad?” Jake wonders aloud.
“What’s it all about? Seriously? Don’t you guys read the news?”
“Is it on Snap Chat or Instagram?” Kenny wants to know.
He steals a glimpse at his iPhone screen.
“Jenny, help me out here, dear,” Blake rolls his eyes and turns to his wife.
“Boys, Randy Jones is the police officer being accused of shooting a black citizen in Cedar Ridge. Seriously? You guys haven’t heard about this?”
“I think I saw the video on Instagram. Is that the one?” Kenny murmurs.
“Is the guy okay?” Jake is concerned.
“No, dammit, he’s not okay! He’s dead!” Zack chastises a bit too harshly. His family and other stunned patrons glare at him. Blake gazes at his boys and sees hurt in their eyes.
“I’m sorry, guys. I didn’t mean to snap at you, but if what I have seen so far is true, this case and this cop really piss me off.”
“What happened, Dad?” Kenny’s suddenly interested.
“A young black couple with two small children in the back seat got pulled over in Cedar Ridge.”
“What did they do wrong?” Jake is now into the story.
“Nothing, Jake. The officer claims that the driver looked like a suspect from some earlier robbery in the same community.” Blake explains.
“Did he?” Jake asks.
“Did he what?”
“Look like the guy?”
“No, not even close. I have no idea what this cop was thinking. It’s difficult to even give him the benefit of the doubt. That’s how much they didn’t resemble each other. The bottom line is the driver was twenty to twenty-five years older than the robbery suspect. Both husband and wife were college-educated, middle-class American citizens, like you and me.”
“Except that they were black, and we are not,” Jennifer states the obvious.
“So, what happened?” Jake is intrigued.
“Apparently, the officer approaches the driver’s side window and asks for license and registration. The driver starts for his pocket and mentions, ‘I want you to know officer. I have a gun and a license to carry.’ The cop tells him to show his hands at the same time he asks for the license and registration, the rest gets kind of fuzzy, but the officer ends up shooting and killing the guy.”
“Oh shit!” Kenny exclaims.
“Oh shit’ is right,” Blake huffs.
“Language, Jennifer scolds, ever the mom.
“What does this have to do with you, Dad?” Kenny wonders.
“I’m a guest on the ViewPoint program this morning. They want me to comment on the case.”
“What do you plan to say?”
“It depends on the questions. But I can tell you this—no white driver, whether he matched a suspect’s description or not, is going to be pulled over in Cedar Ridge on a routine traffic stop, unless he disobeyed some traffic law.”
“That’s pretty cynical, wouldn’t you say, Zack?” Jennifer suggests.
“No, Jenny. The boys need to know this. This reads like a classic ‘white cop pulls over black guy for no reason’ situation,” Blake grumbles.
“What does that mean?” Jake doesn’t understand.
“It’s what sometimes happens to African Americans in predominately white neighborhoods. It’s a form of racism.”
“And you think that happened in this case?” Kenny is now ignoring his iPhone.
“Yes, and I’m not the only one. Wayne County and Cedar Ridge city officials are considering charging the cop with murder. They’re sending the case to a grand jury.”
“Aren’t those proceedings secret?” Jennifer inquires.
“They are, but I have inside information.”
“From who?” Jake whispers.
“I could tell you, but then I would have to kill you,” Blake deadpans.
Jake studies him. Is he serious?
Blake chuckles, and they all share a nervous laugh. But this is no laughing matter.
“Why do we care?” Jake inquires.
“Because we care about justice and fair play, Jake. I’m Jewish, which means I’m a minority. While I don’t wear my ethnicity on my face like a black man does, I would not want to be targeted by police officers simply because I am Jewish. That’s what the Nazis did to the Jews in Germany during
World War II. White Christians, the majority, have a responsibility to care about equal justice and fairness for all, including minorities. Don’t you agree?”
“When you put it that way, of course, we do,” Jennifer rescues her youngest son.
When Zachary Blake is passionate about an issue, everyone, including loving family members, must get with the program or get out of his way.
“We’ll be watching Dad. Will you be home in time for the Tigers game?” Kenny attempts to lighten the conversation.
“They’re awful. Why would you want to waste an afternoon on them?”
“Because I love baseball! You know that. I thought you did too. Plus, it’s a bonding experience. We get to spend some time together, Jake too. What do you say, Dad?”
“When you put it that way, how can I refuse? I should be home in plenty of time. Want me to bring anything?”
“Buddy’s Pizza,” exclaims Jake.
“What a surprise,” Blake smiles.
Buddy’s is a favorite in the Blake-Tracey household.
“How can you think of lunch when we haven’t even had breakfast yet?” Jennifer remarks.
“Smart people always plan ahead,” Kenny boasts.
Blake smiles. The boys are growing up. He wants them to have a social conscience and recognize the importance of what was going on in the country and around the world. These are troubling times in America. Kids today get news and ideas from social media. Newsweek, Time, the Detroit Free Press and Detroit News are publications that only ‘old people’ read. Zack doesn’t care how or where his kids get the news. But he is concerned about misinformation on social media.
Disparate treatment of minorities should be discussed in every school in the country. Do the boys understand the difference between news and propaganda? Misinformation is rampant on the internet, and the biggest provider of ‘fake news’ is the President of the United States, Ronald John.
Blake winces at the fact that his sons are unaware of the Hayes-Jones case. The president, while unpopular in most circles, is dividing the nation along racial and religious lines. America hasn’t seen this type of ethnic polarization since the days leading up to the 1964 Civil Rights Act and Dr. Martin Luther King, Jr.