by Mark M Bello
Counts three and four aver these negligent behaviors and failures are a direct and proximate result of Marcus Hayes’s death and his family’s pain and suffering.
Blake decides to notify the press of the lawsuit filing and the fact that he will make a statement on the courthouse steps. After formally filing the lawsuit with the clerk of the court, Blake steps outside the courthouse on Fort Street and is greeted by a modest but growing crowd of reporters.
“Ladies and gentlemen, the Detroit metropolitan area is an American community with a unique heritage. It is a true melting pot of many races, creeds, and religions. As I look out at you today, I notice the vast majority of you are white. As a white person, it is often difficult to comprehend that your black neighbor, coworker, or friend is living a completely different life from you, simply because of the color of their skin.
“Stopping a black couple in a predominately white city like Cedar Ridge, when no traffic laws have been broken, is a serious example of this phenomenon. Perhaps you are the only black hire at a company, the only black couple at a party, or seated in a restaurant. Maybe you’re the token black person on a committee because it needs to demonstrate diversity. These are less serious examples.
“Talking frankly about race may make white people uncomfortable. Taking a stand to demonstrate the impact of race on law enforcement is difficult.
“Look what happened when a National Football League star, protesting discrimination, decided to kneel during the national anthem. Some understood the protest and the right to peacefully demonstrate under the First Amendment to our Constitution. Others have used the protest to divide us further and rally the white supremacist elements of their constituency. Yes, I am speaking to you, Mr. President, the principal antagonist of racial harmony.
“Talking about race causes some to shake their heads in disgust, others to nod understandingly and still others to bristle and rant. The message from white America to black America is clear. We don’t want to listen to your bitching. Get an education. Get a job. Do what the rest of us do. But when they do precisely that, they are accused of being ‘uppity.’
“So, black people, despite how much racism may hurt, bottle up their feelings. They ignore hate speech, off-color jokes, and nasty emails because they don’t want to appear too sensitive. Imagine, if you can, how destructive these bottled-up emotions are to one’s self-esteem. Extend these types of examples to authority figures with guns.
“A racist cop pulls over a black driver for little reason other than his skin color, and a recent robbery was committed by a couple of young black guys in a white community. The cop quickly realizes the driver is not one of the robbery suspects when he sees a man with a wife and two small children. They are not a couple of young punks. Still, he persists. Why?
“He asks to see the driver’s license and registration. While locating the appropriate documents, the black driver respectfully volunteers he is legally carrying a handgun. The cop panics—is it the image of a black man with a gun? He barks out conflicting orders and then shoots the man to death in front of his family. Why?
“Is it because the cop is an insensitive racist? Maybe he wasn’t trained or taught any better? Perhaps he lived a completely different life in a completely different world than that of the black man. In this cop’s world, were all black men potential criminals, people to be watched, people to be feared?
“It is not fun to be pulled over by a police officer. We’re upset or anxious when we’re pulled over by the police. We often know what we did wrong and await the penalty, or we wonder what we did wrong and await the explanation.
“But, do we expect to be manhandled or abused by the officer? Do we fear he might kill us? For black people, especially black men, those fears are too frequently an unfortunate reality.
“Did Marcus Hayes feel this way the evening of his death? Why should any law-abiding citizen feel this way when an officer who is sworn to protect and serve approaches his or her vehicle? Yet, we can all watch the video and see the stop is suspicious, the officer overreacts, and this lethal combination results in an innocent man’s death. This incident makes clear to all of us the extreme danger of being pulled over for ‘driving while black.’
“If the defense stays true to the police abuse case playbook, its attorneys will make a great deal of noise about Mr. Hayes’s lack of cooperation. We have all been taught, regardless of skin color, to be respectful and cooperative with officers of the law. And maybe someone, I don’t see how, but someone could view the video and conclude that Mr. Hayes was less than respectful or cooperative.
“If you tend to feel this way, please, give me a break! How does being slow to respond to conflicting commands justify being shot four times? The Hayes-Jones video is a textbook case study on how a police officer may stop a citizen without probable cause and provoke an unnecessary and deadly escalation.
“How can anyone view this video and not be outraged by the officer’s behavior? The video is shocking and heart-wrenching. My client is slumped over, covered in blood, while his wife prays for his life and his children watch in horror. And, what does the Cedar Ridge police officer do? Gun still drawn, he peers into the window and then trains the weapon on the victim’s family members, instead of calling paramedics.
“Ladies and gentlemen, something is societally wrong. The deliberate social distance between the races creates a lack of understanding and appreciation as well as suspicion, segregation, and isolation. We must learn to live together and improve our understanding of each other. We need equality and inclusion.
“Instead, we have cops who don’t understand the Fourth and Fourteenth Amendments. We have elected officials who don’t understand the First. Worse, neither these cops nor these elected officials understand that we the people, regardless of race, creed, religion, or national origin, employ all of them.
“We must try to see the world through a black person’s eyes, see hard truths, and not unfairly judge those who deliver them. We need to see people—real people—not the stereotypes handed down by previous generations.
“We must support those who speak out against injustice and inequality while harshly standing in judgment of those who perpetrate them. We must embrace our cultural differences, learn to understand them, and stop fighting over them.
“While white people may never completely understand or fully grasp the experience of being black in America, together, We The People must try to bridge the racial divide. And the result will be a stronger nation.
“The unwarranted and inexplicable shooting death of Marcus Hayes has ripped open the scabs of racial wounds that never seem to get a fighting chance to heal. Day after day, week after week, month after month, year after year, these events of bigotry and hatred rear their ugly heads and prevent healing, laying bare the ugly specters, the seemingly endless cycles of racism.
“We should call out the bigots, those who bathe themselves in patriotism and wrap themselves in the American flag but have no idea what that flag stands for. For us to indeed be a nation of immigrants where all people are created equal, the flag cannot only be a symbol of patriotism but must also be a symbol of protest. Understanding, celebrating, and teaching our First Amendment rights are our true tickets to understanding the fundamental freedoms that make this country great. A great leader realizes he or she represents both the flag-wavers and the flag burners.
“This lawsuit seeks to do more than call out racist cops. It aims to call out racist policies and racist systems. It seeks to call out and, hopefully, improve the education, training, and sensitivity of the police. The rhetoric in Washington and in states and cities across America is creating us versus them conflicts. If we embrace this philosophy, all of us will be losers.
“Whether we speak of small communities or large cities, states or an entire nation, we succeed together. Separately, we fail. Sarah Hayes and her family want us to succeed.
“Blackness cannot be hidden. Whether one is stopped by the police or applying fo
r a loan, one’s race or blackness is the first noticeable piece of information. And with that information comes multiple judgments or pre-judgments, conscious or unconscious.
“Thank God there’s a video in this case—otherwise, we’d face cries of ‘he must have done something to provoke the shooting.’ This is the prevailing attitude in white America, the America where the worst thing that happens to a white person in a traffic stop is that he or she gets a traffic citation.
“This is the Twenty-First Century. Much progress has been made. Schools and neighborhoods are integrated. People of different cultures and races live together, work together, even love one another. But we’re at a crossroads.
“I don’t want to see anyone, ever again, mourn the loss of a loved one under these types of circumstances. We can use this tragedy as a teachable moment, or we can continue to hide behind our politics and our religious, social, or cultural isolation. We can embrace our past but learn from experience to shape a better future for all Americans, regardless of their race, creed, or color. I’ll take your questions—”
“Zack, do you intend to try this case?” A reporter shouts.
“I prepare every case I file for trial. This is an excellent case to take to a jury. Plaintiff attorneys don’t usually choose trials. Defendants make those choices by failing to make reasonable settlement offers. If the defendants, in this case, are reasonable, there’s a strong possibility the case resolves short of trial. If they aren’t, we know where the courthouse is. We’ll be prepared.”
“How is Mrs. Hayes holding up, Zack?”
“Thanks for that question and your concern. Sarah Hayes is doing as well as can be expected under these circumstances. She’s strong and determined to see justice done.”
“How does Officer Jones’s suicide affect the case, Zack? Does it hurt your chances?”
“Not at all. We have dash cam video and audio. We have the officer’s interview with Internal Affairs. We have mountains of collateral evidence. Would we have preferred Officer Jones to be alive and able to testify? Absolutely. His death is one more tragedy, and Brenda Jones is one more grieving widow, yet another tragic circumstance caused by this officer’s actions. How the tragedy of his death affects our case is the least of my concerns.”
“What is Judge Berg’s record or experience with these types of cases? Are you happy with the draw?”
“Judge Berg is an excellent judge, a fair judge. We are pleased with the draw as, I’m sure, are our opponents.”
“Wasn’t he appointed by Bush Two?”
“I have no idea. It doesn’t matter who appointed him. I don’t know his politics and I don’t care. I’ve had numerous cases in his courtroom. He always exhibits great wisdom. He treats attorneys and clients with courtesy and respect and issues fair and reasonable rulings from the bench. That’s all any trial lawyer can ask. I’m out of time. Have a good one.”
Hopefully, Judge Berg will see this interview sometime very soon. Zachary Blake terminates the impromptu press conference and scurries down the courthouse steps trailed by a mob of reporters shouting out more questions. He hops into a waiting car, waves to reporters, and zooms off up Fort Street.
Chapter Twenty-Two
Three weeks later, Blake walks into his conference room for the deposition of Lieutenant Douglas Kelly.
For the purpose of the hearing, Ven Jackson represents the Cedar Ridge Police Association and Kelly. Steven Adler is the attorney of record for all other defendants in the case. Adler’s a no-show. His silk-stocking law firm sends a rookie, Kyle Murray, in his place.
Not important enough? Blake wonders. He’s pissed at Adler’s no-show. The two men have locked horns on numerous occasions, and Blake was successful each time. Zack’s quite confident about the Hayes case and is looking forward to laying another ass-kicking on Adler and his firm. Kelly’s deposition is the first of many in the case. One deposition, especially of a deponent who has written a detailed report, is not critically important.
Murray is all decked out in a three-piece suit and carries a handsome leather briefcase, which he opens upon his arrival. He removes a Mont Blanc pen and three legal pads and stands when Blake enters the room.
The rookie is shocked to see Blake arrive wearing blue jeans and a sport shirt. Blake ignores the young man, greets Kelly, and then turns to Jackson. The two men shake hands and then chat a bit. Finally, he addresses Murray,
“First deposition?” Blake smirks.
“Is it that obvious? Murray squirms.
“Well, it’s not a video or court appearance. Most of us dress down, when possible.”
“I prefer to dress this way, and my firm requires it,” Murray rebuts. He won’t let the hotshot plaintiff lawyer intimidate him.
“You prefer it, or the firm requires it, which is it?”
The rookie opens his mouth and closes it again. He decides not to respond.
“No skin off my nose,” Blake scoffs, dismissing the rookie. The kid’s rattled. Mission accomplished. Blake turns to the court reporter.
“All set, Merrill?”
“Ready when you are, Zack,” advises Merrill Bass, one of Blake’s favorite, long-time reporters. Blake begins the interrogation.
“Let the record reflect this is the date and time set for the deposition of Lieutenant Douglas Kelly, taken pursuant to a subpoena to be used for any and all purposes contemplated by the Federal Rules of Civil Procedure and the Michigan Court Rules.
“Present today are attorneys Ven Jackson, representing the witness and the Cedar Ridge Police Association, and Kyle Murray, representing the remaining defendants.
“Lieutenant Kelly, my name is Zachary Blake. I represent the Estate of Marcus Hayes in a lawsuit filed against Officer Randy Jones, the City of Cedar Ridge, and the Cedar Ridge Police Department. I’m going to ask you a few questions. I need you to respond verbally.
“Our court reporter is the fabulous Merrill Bass. She is going to transcribe everything you say. She cannot transcribe a positive or negative head nod or a shoulder shrug. ‘Uh-huh’ and ‘unh unh’ are also difficult to transcribe, so if the question calls for a ‘yes’ or a ‘no,’ please answer accordingly. If I ask a question and you answer it, I will presume you understood the question. If you don’t understand a question, please say so and I’ll rephrase it. Fair?”
“Fair.”
“Now, you are in charge of Internal Affairs for the Cedar Ridge Police Department, is that correct?”
“Uh-huh.”
“Is that a ‘yes?’ Please answer ‘yes’ or ‘no.’ No negative or positive grunting allowed. Okay?” Never fails, regardless of instructions or smarts.
“You warned me, yet I still did it!” Kelly exclaims, embarrassed. “Sorry. The answer is yes.”
“Everyone does the same thing,” Blake smiles. “Now, you conducted an Internal Affairs investigation into Officer Randy Jones’s conduct in the shooting death of Marcus Hayes, correct?”
“Objection, leading the witness,” Murray screeches.
“Kyle, this is cross-examination, not direct. I can lead on cross.” Blake schools the rookie.
“He’s your witness. You can’t lead.” Murray postures.
“He’s not my witness. He’s an adverse party. He works for a defendant in the case. This is cross. If you’d like, we can stop and ask the judge. I’ll seek sanctions. Want to call your boss? Maybe he can help. But don’t waste my time.” Jackson suppresses a chuckle.
Murray backs off. “N-no, that’s okay. G-go ahead,” he stammers.
“Thank you, Mr. Murray,” Blake sneers and turns back to Kelly.
“Please answer the question, Lieutenant Kelly,”
“I don’t remember the question,” Kelly chuckles.
“You conducted an investigation into Officer Jones’s shooting of Marcus Hayes, correct?” Blake repeats.
Murray starts to object again but holds his tongue.
“Correct.”
“Lieutenant Kelly, please sum
up your career and experience with the Cedar Ridge Police Department.”
“I was originally a patrol officer, started in 1984 when the Tigers won the World Series, which is why I’ll never forget my first year. I was promoted to sergeant in 1992 and lieutenant in 2005. I was assigned to Internal Affairs in 2010. I’ve been heading the unit since 2013.”
“And when did the name ‘Randy Jones’ first hit your radar screen?”
When Murray starts to object, Blake waves at him like a bothersome fly. Murray backs off, intimidated.
“Soon after, I became the head of Internal Affairs, around 2013 or 2014 maybe.”
“And how was the name brought to your attention?”
“Cedar Ridge is not very racially diverse, so our officers do not often interact with black citizens. During my time at Internal Affairs, Jones was an officer that minorities complained about more frequently than others. It wasn’t a contest, mind you, but he was the clear frontrunner for minority complaints.”
“Please elaborate, lieutenant. Give us some sense of the complaints.”
“May I refer to my files?”
“Absolutely.”
“Frivolous stops of vehicles driven by African Americans, citizens and non-citizens, stopped and detained by Jones for little or no reason. Some charged harassment during the stops.”
“Harassment in what form?”
“Snide remarks. ‘What are you doing this far south?’ ‘What’s your business in Cedar Ridge?’ ‘After I let you go, keep driving past the next city limits sign,’ that sort of thing.’”
“Did he face disciplinary action or receive additional training in response to these complaints?”
“Well, these matters were turned over to Internal Affairs, and we did talk to Jones and interview victims. As you can imagine, the victims didn’t trust anyone who represented the Cedar Ridge police. Most wouldn’t talk to us. We referred Jones for psychological workup and sensitivity training.”