"I can tell by that look I am not going to like this," Hawk added, "You told him what?"
"The name of the informant, Orlando Bueno."
"And?"
"And the Judge ordered us to bring him to court. I told him I'd be happy to, except he was dead."
"Oh, Christ." Symonds exclaimed.
"Nah, he is most likely not with him. Bueno was a real bad guy." Josh replied, laughing. "So the Judge ordered us to produce the death certificate. Which I did. Apparently, the Judge found that a little too convenient. If I recall correctly he said something about us mining the daily obituaries. I was very offended."
"Okay, well. Isn't this nice." Hawk said, "I'll try to argue as to relevance and such but I bet Rodericks lets it in. Are there any more war stories you'd care to share before I learn of them along with the jury?" Shaking his head.
"Nope, he was the only dead informant. But I did follow the Judge's advice and checked the obits anytime I testified about a search warrant after that.” Josh and Chris were both smiling now.
A moment later, there was a knock on the door. Chris slipped off to the side, out of sight. Hawk opened the door, Deputy Marshal Murray stood there, smiling.
"Mr. Bennett, the US Attorney asked me to deliver this package to you." Handing over the folder.
"Thanks, Steve." Hawk replied.
"You're welcome. Oh, and tell Lt. Hamlin she can come out of the closet now. The coast is clear."
"Thanks, smart-ass," Chris called out, "everybody is a comedian."
Chris headed toward the door, Hawk grabbed her arm. "The dead informant was your idea wasn't it?"
Smiling back, Chris said, "Now counselor how was I to know Bueno would check out a few days before the trial. I was shocked when DEA called me and asked if we knew anything about him."
Hawk looked at her for a moment, "Did you tell them he was a snitch?"
"We prefer the term, cooperating individual, but yeah I told them. I knew it would piss them off that we hadn't shared that info."
"And this was before the trial, correct?"
Chris caught on, "Why yes it was as a matter of fact."
"DEA told you he was dead, you didn't conveniently find this info yourself?" Hawk paused a moment, thinking, “Find that agent and get him here, I may be able to derail this little surprise attack."
"On the way." Leaving quickly, she was on her cell as soon as she hit the street.
Bill Symonds reviewed the package, "It's notice he intends to modify discovery due to newly discovered, previously unavailable, information. It contains the relevant trial transcripts of Josh's testimony and case precedent references."
"Okay then," Hawk clasped his hands together, "let's go ruin Mr. Collucci’s surprise party."
Chapter 73: Character Assassinations
"Your Honor," Collucci said, "before I begin my cross-examination of Sergeant Williams, I'd like to make a motion to amend discovery."
Rodericks eyes narrowed, "At this point in the trial? I find it troubling that the government, with all its resources, is just now finding new information. Mr. Collucci, your record of accomplishment on discovery in this matter is a disgrace. But go on; let me hear the government's position on this matter."
"Thank you, your Honor. The government has recently uncovered trial transcript material that impeaches the credibility of Sergeant Williams. A Superior Court Judge, Judge Julio Martinelli, made a specific reference to finding Sergeant Williams, and I quote from the transcript, "less than credible." Since the transcript from the other trial that casts serious doubt on Sergeant Williams’s credibility is conveniently absent, the relevance and material applicability of this transcript is evidence of a pattern of deceptive behavior by this officer under oath. Thus critical to the government's case.
The material was not available until recently due to a failure of the computer system used by the State of Rhode Island to archive court transcripts. As soon as this system was available to the government, I ordered FBI agents to review all relevant cases involving testimony by this defendant.
I provided appropriate notice and copies of the material to defense counsel as soon as practical.
For these reasons, the government moves to introduce these transcripts and use them during cross-examination.
This case hinges on credibility. This transcript is clear and convincing corroboration of a pattern of behavior by this defendant of lying under oath."
Rodericks wrote some notes and then looked at Hawk, "Mr. Bennett, what do you say?"
Hawk rose. He looked over at Symonds covertly monitoring his cell. Symonds shook his head.
"Your Honor, I also find it hard to believe that the government is just now finding this. The system Mr. Collucci is referring to has been back in service for over two months. To insinuate that the government has not had adequate time is laughable. That's not to mention the fact of Judge Martinelli's rather abrupt retirement from the bench in light of the allegations of his accepting bribes."
Hawk glanced again at Symonds. He was writing a note and sliding it to Josh to hand to Hawk. Taking the note he continued, "However, in the interest of fair play, I would be willing to agree to the introduction of the material as long as the defense is given similar latitude in adding a witness to my list. Should the court rule to allow the government's motion, I have a rebuttal witness I would call."
Collucci was looking at Hawk, trying to guess what was in play here. Once again, he went with his instincts without any idea of the consequences.
"Your Honor, if it pleases the Court. The government has no objection to the additional witness sought by the defense." Once again, leaping off the ledge.
"No, Mr. Collucci, it doesn't please the court. These last minute tactics of yours very much displeases the court. In addition, Mr. Bennett, this is not let's make a deal, quid pro quo. I find these trial theatrics troubling."
Rodericks looked at the computer screen then back at counsel, "with that said I will allow the government to introduce the transcript and the defense's additional witness. But keep it relevant gentlemen, or it will be as quickly excluded."
"Thank you, you Honor. The government is now ready to proceed with the cross-examination."
"That is pleasing to the court," Rodericks replied, "bring in the jury."
As soon as the jury returned, Josh resumed the witness stand.
Collucci stood looking at him for a moment, then said, "Before we get to the specifics of the execution of Mr. Machado."
"Objection, your honor, this is highly inflammatory." Hawk interjected.
"Sustained. Mr. Collucci I have warned you about such tactics. This is the last time. The jury will disregard the last remarks of the US Attorney. Proceed cautiously, Mr. Collucci."
"Very well, before we get to the specifics of your shooting and killing Mr. Machado I want to clarify these testimonial issues you seem to have. In the matter of the evidence presented to the court as part of your sale of alcohol to a minor case, you knew it was not the actual evidence is that true?"
"Yes, that is true." Josh was going with the short and sweet on these questions.
"And you intentionally concealed this from the trial Judge, is that not also true?"
"No, that is not true. There was never a question about it at the hearing."
"There was never a question, since you orchestrated the manner in which the exhibit, as you called it, was presented, is that not true?"
"No, that is not true."
"Well, Sergeant Williams, did you display the exhibit in the courtroom?"
"Yes, it was on the table, but never introduced. I introduced the toxicology report."
"But, as you just testified, the exhibit was on the table is that true, yes or no?"
"Yes."
"Why?"
Josh looked confused, "I don't understand the question."
"Why did you bring this item to the court knowing full well it wasn't evidence?"
"Because, because I would use it if a
sked about the evidence." Josh put his hands on the rail in front of the seat.
"Isn't it true you did this to intentionally mislead the court and the defense counsel into believing the evidence still existed?"
"No that is not..."
"And isn't it true," Collucci interrupted.
"Can I finish my answer?" Josh asked.
"As soon as I hear an answer, not an excuse,” Collucci argued.
"Objection your honor, the witness is entitled to answer even if counsel doesn't get the answer he wants." Hawk interjected.
"Sustained. Mr. Collucci let the witness finish before asking the next question." Rodericks ordered.
"Of course your honor. Sergeant you placed this so-called exhibit on the table in full view of the court, is that correct?"
"Yes, sir."
"And did you inform the court that this was an exhibit, not the actual evidence?"
"No…" Josh started to explain, but caught Symonds' subtle shake of the head.
"Please explain to the court why you did this?" Collucci stood, arms folded, glancing between the jury and Josh.
"As I testified earlier, I believed it would be helpful should the question arise regarding the evidence. It was an error of judgment on my part. In hindsight, perhaps if I considered it more in-depth, I would not have done that. I should have just informed the court of the evidence being misplaced." Josh answered.
"So you admit it was an ill-considered decision on your part?" Collucci followed up.
"I wouldn't say that, it was an error in judgment."
"Are you prone to that Sergeant?" Collucci smelled blood in the water.
"No, sir. But I am not perfect."
"Perhaps you are prone to making hasty, ill-considered decisions such as entering a church, alone, and creating an unnecessary opportunity to shoot an unarmed black man?"
"Objection," Hawk said, "Is there a question here or another of Mr. Collucci campaign slogans?"
"Sustained. Ask a question or sit down, Mr. Collucci." Rodericks said. The annoyance on his face apparent.
"Sergeant, was your decision to enter the church alone an ill-considered decision?"
"No sir, I believed at the time it was the right decision." Josh replied, looking again to the jury.
"And do you still believe that?" Collucci followed up.
Josh hesitated a moment, looked at his hands, then directly at Collucci, "Police officers don't have the luxury of time to consider all possibilities, to weigh all the options." his voice gaining a rhythm, "We make decisions as best we can at the time. That's what I did."
Collucci started to speak again and Josh interrupted, "We also have to live with those decisions. Then we have to deal with the Monday morning quarterbacks of the world who spend hundreds of hours constructing creative and appealing alternatives to a decision I had seconds to make. So if your question is would I make a different decision the answer is no, not with what I knew at the time. If your question is do I believe there was a better decision to make, the answer is also no. I did what I was trained to do, sir. Do I wish there was a different outcome? Of course I do."
Collucci tried to regain control, "So you're saying that even if you obtained more information, you'd have done the same thing, made the same rash decision?"
Hawk was on his feet, "Objection, your Honor, argumentative."
"Overruled," Rodericks replied, "continue Mr. Collucci." The bent against the police rising once again in Useless' court.
"It wasn't a rash decision," came the answer.
"That's what you'd like this jury to believe, sir, but isn't it a fact that your decision went against standard police protocol?" Collucci was all over the place now.
"No, it did not." Josh answered, the words coming out in a slow, individual stream.
"Well, this all goes to credibility doesn't it, Sergeant?"
"Yes, sir it does. My decision was sound under the circumstances." Josh replied.
"Now then, Sergeant Williams, I'd like to discuss another case in which you testified, the matter of State of RI vs. Javier Delgado. Are you familiar with that case?"
"Yes sir." Josh replied
"And do you recall testifying in that matter?"
"I recall testifying, I testify in cases all the time so I may not recall all the specifics." Josh continued to stare at Collucci, following his every move around the courtroom.
"I'd like to draw your attention to the pre-trial suppression hearing regarding the search warrant you prepared and executed in that matter, do you recall that?"
"I do, I prepared a search warrant and during the execution of the warrant we recovered a large amount of cocaine, heroin, cash, and three weapons. One of which was later identified as the murder weapon used to shoot and kill Olivia Santiago, age 15."
"Yes, thank you for that history lesson. Now as to the suppression hearing, during your testimony did the trial judge rule that the informant mentioned in the affidavit was required to appear as a witness?"
"Yes."
"And what did you do?"
"I don't understand the question; I didn't do anything at that moment." Josh answered, glancing over to Hawk, then back at Collucci.
"Did you produce the informant?" Collucci asked, facing the jury as he prepared for the climax.
"No."
"But weren't you ordered to do this by the court? You ignored this lawful order?"
"No, I informed the court that I was unable to comply with the order due to the fact the individual, Orlando Bueno, was dead. Having been shot, stabbed, and dismembered by rival gang members."
"And how did the court react to this information?"
"I can't answer for the Judge's reaction."
"Perhaps the transcripts would refresh your memory." Turning to the bench, "Your Honor, per your earlier ruling I would move for the introduction of the court transcript in this matter."
"No objection," Hawk rose, "but I would hope this won't require reading the entire transcript for the jury."
Several members of the jury visibly reacted to this. Collucci was losing them with his nonsense.
"No, of course not," Collucci replied, "I will have the court clerk read the relevant section."
"Continue," Rodericks said, "But be brief on this Mr. Collucci."
Handing the transcript to the clerk, with the particular section marked, Collucci asked her to read it.
Judge Rodericks motioned for the clerk to wait a moment, "ladies and Gentlemen of the jury, certain abbreviations are used in trial transcripts. When the clerk says, for example, Martinelli J, the J stands for Justice as in the Judge. In this transcript section, you will hear two such abbreviations, J and P. The J is the Judge and the P is the Prosecutor. Are there any questions? No, okay the clerk will now read the transcript."
The clerk brought the transcript up on the computer and began.
Martinelli, J "Sergeant, the court has determined that you must release the name of the informant and produce him, or her, in court. Do you understand?"
Williams, "Yes, sir. I do"
Martinelli, J. "The court will allow you twenty-four hours to provide the name and bring the informant to court. Is that clear?"
Williams, "With all due respect, I don't need twenty-four hours. I can provide the name, but I cannot bring him before the court."
Campbell, P "Objection, your honor, the state objects to compelling this disclosure."
Martinelli, J "Overruled, Sergeant the court order was not open for negotiation. Both rulings must be complied with."
Williams, "Well, your honor, as I said, the part I can comply with the informant's name is easy. His name was Orlando Bueno. Producing him in court will not be so easy. He is dead."
Martinelli, J "Sergeant, the court finds your testimony and demeanor in this matter to be less than credible. A great deal of the court's time has been spent with your refusing to release the name of the informant. Now you inform the court he is conveniently dead. I suspect you mined the local obi
tuaries as an insurance policy. I will be seeking a Justice Department inquiry into this matter. You are dismissed."
Collucci waited for the clerk's words to fade, turned to Josh and said, "Now, Sergeant, hearing the transcript, is your memory refreshed?"
"Yes, sir, it is."
"And you recall the judge determining you to be less than credible?"
"I recall his saying that, it wasn't accurate, but he did say it."
"Sergeant, a Superior Court Judge, from the bench ruled on the record he found you to be less than credible, is that not true?" Collucci was now glaring back at Josh.
"Sir, just because he made the statement doesn't make it true. Judge Martinelli resigned from the bench amid allegations of accepting bribes from the defense attorney in that case for favorable rulings. That fact doesn't make those allegations true either." Josh replied, looking to see both Symonds and Hawk cringe.
"Your Honor," Collucci was apoplectic, "move to strike as unresponsive."
Hawk never moved, the words were out there, nothing was taking them back.
"The jury will disregard that last answer and it will be stricken from the record. Sergeant, confine your answer to the question asked."
"I thought I did your honor," Josh replied, quickly adding, "I understand and apologize to court."
“I ask you again Sergeant Williams, is it true that Judge Martinelli ruled from the bench that he found your testimony less than credible?'
Hawk thought, just let it go Josh, let it go.
Josh looked over at the jury, "It is a fact that former Superior Court Judge Martinelli ruled from the bench that he found my testimony less than credible."
Symonds leaned over to Hawk, "the boy has more balls than brains, but the jury is eating it up."
Collucci stood, waiting for Rodericks to say something, and then realized the son-of-a-bitch didn't even hear the answer. No matter, point made with the jury. Now to bring out the truth in the shooting.
"Okay, Sergeant now that we've addressed the issue of your past testimonial performances in various courts I'd like to go over a few items regarding the killing of JoJo Machado. Help me understand something, when you were standing outside the church, after you saw JoJo enter, did you know anyone else was inside?"
Collision Course (A Josh Williams Novel) Page 31