"On my behalf, your honor, I can only say I was trying to provide my client the vigorous defense he is entitled to, without crossing the border. I may have approached that line, but I do not believe I violated the spirit of your instructions.
If I did anything inappropriate, please do not let it adversely affect my client. If you find I am in contempt, so be it. But I implore you to withhold that determination until the trial's conclusion."
Rising quickly to his feet, Collucci interjected, "Your Honor, Mr. Bennett...."
"Sit down" Rodericks ordered
"I want to note for the record...,”Collucci continued.
"Sit down, Mr. Collucci, or the record will reflect you being found in contempt."
Hawk tried to conceal a smile.
"Mr. Bennett, I do not find this amusing, nor do I intend to tolerate this any further." Rising from the bench, "From this point forward if you so much as walk into my courtroom showing even the slightest misunderstanding of my instructions, not only will I jail you for contempt, but I will notify the state disciplinary counsel of your flagrant disregard for proper procedure. Is any of this unclear?" Rodericks glared as he rose, storming off the bench.
"No your honor.” Hawk replied as the door to the Judge's chambers slammed shut.
Outside the courtroom Josh said, "Look, I know you're the expert here, but is pissing off a Federal Judge really a good trial strategy?"
Hawk smiled, "My boy, remember the good Judge's moniker, Useless Rodericks. He got that because he threatens to find every lawyer in contempt. Hasn't done it yet. His efforts are..."
"Useless," Josh finished the sentence, "but still, I am not sure about this."
"Okay, listen, let me sweat the contempt stuff, we have more important things to consider," Hawk said, “Collucci is going to go for the jugular on this. We need to focus. No matter what he says, you have to appear calm, in control, but angry. If I know him, he's about to make you look like a Ku Klux Klan grand Wizard.
The jury likes you. It is going to be a leap for them to believe that about you, but not impossible. They'll look to your reactions, read your emotions."
Hawk, Symonds, and Josh walked over to the alcove off the courtroom.
"I need you to be offended, angry, pissed off. None of this shaking the head nonsense. You have to convey genuine offense at Collucci's words." Hawk said.
"And how do I do that?"
"Do you hate niggers?" Hawk asked.
Symonds looked as shocked as Josh.
"What? What the hell are you talking about?" Josh said, angrily.
"Do you hate those low-life, welfare grubbing, food stamp fed, fat ass, baby making machine, drug dealers? It's a simple question."
Josh glared, "where the fuck do you get off asking me something like that. I have never, ever..."
Hawk smiled. "That's how you do it. You were pissed off at me for saying that. Show the jury that face when Collucci piles on the bullshit. Show genuine revulsion being called something you've never been."
Hawk started to walk away, turned back, and added, "When Collucci starts talking you remember that anger. Show the jury you aren't that man."
Josh just stood shaking his head.
"He's a real piece of work," Symonds said to Josh, looking at Hawk checking out two court stenographers as he walked back to the courtroom, "a genuine fucking piece of work."
Chapter 76: The Government Spin
While the jury settled into their seats, Collucci sat at the table reviewing notes.
Hawk leaned over to Symonds and whispered something. Symonds shook his head, smiling, and said, “I suppose at this point you can’t make the Judge anymore pissed off at you than he already is. Even so, why don’t we see if Collucci scores any points before we go nuclear, okay?”
Judge Rodericks looked over at Collucci, “Is the government ready for summation?”
“We are your honor, if I might have a moment?”
“Fine, but please be brief. I’d like to move on quickly.”
Collucci, ignoring the Judge, scribbled on a note pad. After several moments, he rose, returned to his seat, wrote more notes, than rose and addressed the court.
“Your Honor, if it pleases the court, the government is ready to proceed.”
“The Court cannot express its pleasure at this moment, proceed.”
Symonds leaned over to Hawk, “disarm that nuke. The Judge is going to do your dirty work.”
“I’ll be the judge of that, so to speak,” Hawk replied, “I am keeping all my options on the table.”
Collucci walking toward the podium, looked to the jury, and began.
“Ladies and Gentlemen, you have before you a case of troubling magnitude. The government, by compelling and overwhelming evidence, established beyond any reasonable doubt criminal, racially motivated actions by a police officer.” Turning and pointing to Josh, “This police officer, a man sworn to uphold the law, took the law into his own hands. He summarily executed Anthony Machado, a Marine war hero, simply because he was a black man.
I want you to think about that for a moment. Mr. Machado was shot to death because he was a black man.”
Collucci paused, put his hands on the podium and looked at each of the jurors.
“Killed because he was black, by a police officer acting under color of law” Pausing again and shaking his head.
“I know each of us would like to think the days of lynching a man due to the color of his skin are over. However, the evidence in this case shows, sadly, they are not.
First, let us review the testimony of the retired FBI agent, an acknowledged expert in use of force and tactical situations. His clear and incontrovertible testimony was the Sergeant Williams made a series of errors in his handling of the situation.”
Collucci lifted has hand, counting the points.
One, he pursued Mr. Machado into the church without securing adequate backup.
Two, he placed himself in the situation that, if Mr. Machado was armed, caused the deadly confrontation.
Three, Sergeant Williams’s actions created the circumstances wherein he found himself.
It begs the question. Why?
Why would a highly trained, experienced officer do that?
I will tell you why. He decided he was going to shoot Mr. Machado because, if Machado was black, he must be guilty.
It is the logic of the bigot.
A running black man equals guilty.”
Shaking his head, he looked at the jury. “You heard the government’s expert clearly explain the tactical errors, improper procedures, and disregard of accepted police procedures committed by Sergeant Williams.
We know these were not merely errors of judgment.
The evidence shows they were intentional acts by the defendant; resulting in the execution of Anthony Machado.
The testimony of this witness is more than convincing. Your review of this evidence will leave no doubt in your minds. In and of itself, it is enough to convict.”
“But wait,” lifting his hand signaling a stop, “there’s more.”
Collucci smiled at his own attempt at humor.
“The government’s case didn’t end there. We presented another witness, Dr. Kingston.
You will recall Dr. Kingston’s detailing of the comprehensive study he conducted of Police Departments throughout the country.
You will also recall his analysis of the activities of the East Providence Police Department as being consistent with the national trends.
The police show a demonstrable prejudice toward people of color. They act with more scrutiny, more frequent detention, and more frequent searches of black individuals.
His testimony was also clear and convincing. It complimented the testimony of the FBI Agent.
Taken as a whole, the testimony of these two experts proves beyond any reasonable doubt that Sergeant Williams’s actions were in direct conflict with accepted police procedures. Keeping in mind, Sergeant Williams himself acknowledged hi
s training in such matters.
His actions, inasmuch as they went against the proper procedures, were clearly motivated by a prejudice toward people of color. There can be no other explanation.”
Taking a moment to let his words sink in, Collucci looked again at each juror.
“Let me put it another way. When one looks for an explanation, generally speaking, the simplest one is the correct one. In this case, by the process of eliminating any other explanation, the truth is apparent.
There were no mitigating circumstances justifying Sergeant Williams’s entry into the church.
There was conflicting information as to Mr. Machado’s involvement in the robbery.
Sergeant Williams did not report seeing a weapon, shots fired, or even threatened by Machado.
Given the list of circumstances I just described, all of which conceded by Sergeant Williams himself, what we have can only lead to one conclusion.
Sergeant Williams, acting under the color of law, summarily executed Mr. Anthony Machado in clear violation of federal law.
The evidence is voluminous and convincing.
Your responsibility in the matter is clear.
You must find Sergeant Williams guilty of each of the counts against him.”
Collucci looked about the courtroom, stopping to stare at Josh and Hawk, and then turned back to the jury.
“Do not be fooled by the defense in this case. Nothing they did in questioning the government’s witnesses did anything to alter their testimony. Facts are a stubborn thing. Despite the theatrics, they remain.
I have the utmost confidence in the ability of this jury to see through the defense façade. In your deliberations, I know the facts will lead you to the correct verdict. Justice demands it.
Thank you. The government rests.”
Judge Rodericks announced there would be a one-hour recess. When court resumed, he would instruct and charge the jury.
Surprising all involved, Rodericks was back on the bench precisely at the end of the hour. His instructions to the jury, reviewed by the defense and prosecutors, did not sway from the script.
The jury sent to their deliberations, and the waiting began.
Chapter 77: Anticipating Final Judgment
Hawk, Josh, Bill Symonds, and Chris sat in Hawk’s back office. An uncomfortable silence cast a pall over the room.
“Okay, listen. I’ve spent half my life waiting for juries to get their heads out of their asses and vote.” Hawk broke the stillness. “Sitting here mulling over things isn’t helpful. Let’s plan the celebration party.”
The others ignored him, lost in their own thoughts.
“Oh for God’s sake,” Hawk said. “There’s not a chance this jury will do anything but find you not guilty. Stop worrying and start thinking about how far up Collucci’s ass we are gonna ram this decision, as soon we get it.”
Chris looked at Josh then at Hawk, “I’m glad you’re so confident. I hope you are right. But what happens if…”
The phone ringing in the outer office interrupted her. She looked at Josh.
“There,” Hawk smiled, “I told you they’d be quick.” Answering the call, feigning a British accent, “Why hello, this is Attorney Harrison Bennett how can I help you?” Smiling at Chris.
Nodding his head, “Hmm, I see, oh fine, we’ll be right over.” A look of concern on his face caught everyone’s attention.
“Well?” Josh asked.
“The jury has a question.” Hawk replied, glancing at Symonds. “I am sure they are just biding time so they can get lunch out of this. The judge wants us back over right away.”
Symonds went to his briefcase, looking at Chris with a half-smile. “I agree with Hawk, nothing to be too concerned about.”
“Too concerned?” Josh replied. “You’re not the one facing prison.”
“Nobody is going to prison.” Hawk said. “Let’s go hear what they have to say before anyone gets their panties in a bunch,” turning to smile at Chris. “Unless you aren’t wearing any?”
Drawing a laugh from Josh and Symonds, and a glare from Chris.
“That’s the attitude my boy.”
Once all parties were in the courtroom, Rodericks returned to the bench.
“I have received a question from the jury regarding a point of law. They wish to have clarified the definition of what constitutes intent. The specific question they sent to the court is “We do not fully understand whether intent is necessary as part of the charge. Can this be explained further?”
Rodericks looked up, “Does the government wish to be heard before I recall the jury?”
Collucci looked at Fleming. She wasn’t returning the look, focusing on her notes. Rising, he replied, “No, your honor. We are confident the court will be concise in its response to the jury.”
“Mr. Bennett?” Rodericks continued.
Hawk stood, “For once I concur with the government. We have every confidence in the Court your Honor.” Looking over at Symonds as he retook his seat.
As the jury filed in, all but two of the jurors looked at Josh.
Hawk leaned over to Symonds, “You don’t think it’s hung do you?”
“Who knows? I don’t put too much stock in that ‘jurors looking at the defendant nonsense’, but if there are two holding out they may be able to stand firm.”
“Christ,” Hawk replied. Looking at Symonds for a moment, “Do you think Collucci got to them?”
Symonds raised his eyebrows, “Well, I wouldn’t put it past him seeing his performance in here.”
Hawk shook his head.
Josh tapped Hawk on the shoulder and whispered, “You want to let me in on this discussion? Should I be planning a trip to a country with no extradition treaty?”
“No.” Hawk answered, and then turned to listen to the Judge.
“Ladies and Gentlemen of the jury, the court received your question and will provide the best explanation it can.” Moving around some notes, he continued.
“If I understand your question, you wish to have what constitutes intent clarified. Is that correct Mr. Foreman?”
“Yes your honor.”
“Fine, in order for an act to constitute intent it must meet the following criteria. The person committing the act must foresee the consequences of the act, or omission that result from their doing something or failing to do something. Black's Law Dictionary and People v. Moore, fifty-one Cal 4th 386-2011...” Pausing a moment, and looking over his glasses at the jury. “The legal reference there is for the benefit of defense and government counsel. It has no bearing for your purposes.”
Resuming his explanation, “As I said these references state the definition of Criminal Intent as ‘The intent to commit a crime: malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property.’ Or, this case, to deprive one of his civil rights.”
Rodericks looked at each of the jurors, “I hope the explanation aids you in your deliberations. Please return to the jury room and continue with the task at hand. Thank you again for your time and effort.”
Once the jury left the courtroom, Rodericks said “Well, Mr. Bennett, I did not see you writing furiously as I spoke. I take it you saw nothing of an appellate nature in the explanation?”
“Nothing at all, your Honor. I couldn’t have said it better myself.”
“Mr. Collucci?”
“It was fine, your Honor. I am sure the jury understands now.”
Rodericks rose and left the bench.
Collucci started toward the defense team, Hawk raised his hand. “Don’t bother. We are not entertaining any offer from the government except a dismissal. I wouldn’t take too much delight in this unless, of course, you know something about some of the jurors that we don’t.”
Symonds shook his head.
Collucci was incensed, “What are you implying?”
“I am not implying anything. Just wondering aloud just how far you are willing to go to subvert Justice.”
<
br /> “Listen, you sanctimonious bastard…”
“Now, now boys,” Deputy US Marshal Murray interrupted, “play nice or I’ll have to let Rodericks know. And he would enjoy that.”
Chapter 78: Waiting and Wondering
“Well, what do you think?” Hawk asked Symonds.
“It’s hard to read this. I think they may be having a hard time with the fact that Machado was not armed. The store clerk, what was her name, Pincince. She made him a sympathetic character. And then there’s the two jurors we think are problematic.”
“I know.”
Josh came into the office. “So, now do I head for the hills?”
Symonds looked at Hawk and nodded.
“Josh, Bill and I are concerned with two of the jurors. I am wondering if Collucci got to them somehow. That’s why this is taking so damn long.”
“What does that mean?” Josh asked.
“Well, the good news is the worst case scenario is a hung jury. I do not think they could persuade the other ten to vote along with them. But it means another trial.”
“Maybe I should take a plea. He said no jail time. I’ll just do something else. I mean, I did kill Machado.”
“No pleas. If we have to do this all over again, nothing will change. Collucci will be a little wiser to our approach, but it will not matter. Let’s go get coffee and wait this out.”
Symonds and Chris begged off the offer, Chris said she was heading back to the station and Symonds wanted to do some research.
The convenient timing of the excuses raised Hawk’s level of suspicion, and envy.
“Our friends have become awful friendly haven’t they?”
Josh wasn’t listening.
“Hey, Josh. Aren’t you the least bit interested in this sudden need for both of them to deal with other things?” Hawk chided.
“I have my own problems right now, remember.’ Josh answered, walking ahead of Hawk, and into Café 101.
Collision Course (A Josh Williams Novel) Page 34