Collision Course (A Josh Williams Novel) (23 page)

An
hour later, the courtroom awaited the Judge's decision. Rodericks entered and assumed the bench. Organizing his notes, he looked at the lawyers, "I have taken this matter under review. The carelessness of the government regarding discovery in this matter greatly disturbs this court. The requested documents should have been included in pre-trial discovery. While I am not persuaded at all by the argument of their significance, they should have been provided."

Looking at Collucci, "I want assurances from the government that there will be no more surprises in this matter regarding clearly discoverable material. I am denying the defendant's motion for directed verdict and granting the motion to compel production of the document regarding the FBI laboratory testing of the shotgun. Let me be perfectly clear. Any subsequent matters of a similar nature and I will have no choice but to grant a directed verdict. Is that clear, Mr. Collucci?"

Collucci rose, "Yes, your Honor."

"Mr. Bennett, the government will have this report delivered to you by the close of business today. You will advise the court immediately if they do not comply."

Hawk stood, looked over at Collucci, and said, "Yes your Honor. I will so advise the court."

Rodericks then ordered the jury brought back in. Once seated, he looked to Collucci, "is the government ready to proceed?"

"We are your Honor. The government calls Dr. Folami Kingston."

A tall, distinguished, black man came from the back of the courtroom and stood in the witness box. Dr. Kingston was seventy-six years old. He held several degrees from a variety of universities throughout the world. For most of his career, he was virtually unknown outside his academic specialty, Sociology, with an emphasis on Inter-racial interaction in pre-industrial America.

Doctor Kingston was the author of a controversial study of racial profiling. The conclusions rocked the conservative intellectual think tank, Wyman Janes Foundation, which funded the research.

In essence, Dr. Kingston's conclusions, disputed by all the report's co-authors, postulated that every police officer was incapable of controlling innate prejudices in dealing with blacks. This pattern of prejudice affects all officers' interactions with a person of color; including black officers by virtue of their acceptance of the police culture. His primary point being that the innate nature of police agencies foster such conduct and that this was, in fact, deliberate and intentional.

Dr. Kingston took his seat on the witness stand.

Margaret Fleming looked at the jury, and then turned to Dr. Kingston, "Good morning, Doctor."

"Good morning, Ms. Fleming"

"Doctor, would you please tell the jury of your academic and educational background?"

"I'd be happy to. My current position is Dean of the College of African Studies at Columbia University. I hold a dual PhD in Sociology and African Cultural Studies from Harvard University. I serve as a Fellow on the United Nations Committee on Race Relations. I am a Governing Board member of the Association of African Universities, and I also hold a position as Visiting Professor at the University of Venda, Thohoyandou, Limpopo, South Africa."

"Thank you Doctor, would you also tell the jury about your publishing accomplishments."

"I would be glad to," turning to the jury. "I have published over 100 articles in professional academic journals. I have several books still in print on Sociological Research Methodology, and I am the principal author on the 'Study of Racial Profiling: Patterns, Causes, and Implications sponsored by the Wyman Janes Foundation."

"Thank you Doctor. Your Honor the government moves to have Doctor Kingston admitted as an expert and allowed to testify as such." Ms. Fleming said.

"Mr. Bennett?" Judge Rodericks looked to Hawk.

Rising, Hawk began, "Your Honor, I am confused as to what Dr. Kingston, in spite of his curriculum vitae, offers the court in the way of an expert. If I understood the Doctor's initial testimony here, he has an impressive array of academic and educational credentials. However, only one of those touches on racial profiling. I fail to see how authoring one study, in which all the other authors drew different conclusions, is an adequate basis to allow expert testimony by this witness. The defense strongly objects to the government's motion."

Judge Rodericks paused a moment, and then said, "The Court notes the defense objection, in essence, arguing to the point that the witness may be asked to give testimony as to the ultimate issue and thus questioning its value as assisting the judge and jury in deciding this matter. I am going to allow Dr. Kingston to testify under the rules as an expert. Ms. Fleming please keep to a narrow scope here. The Doctor has substantive credentials, but the court cautions about drifting too far astray."

"Thank you your Honor,” retrieving a document from her file, she continued. "May I have this marked as government, where are we, ah, government's fifteen for identification and approach the witness?"

"So marked, approach."

"Dr. Kingston, do you recognize this document?"

Taking the document, Dr. Kingston examined it for several moments then handed the document back to Fleming, "Yes I do, it is a copy of the report I authored on the racial profiling practices in police agencies."

"Your Honor, the government moves to have the document marked as a full exhibit."

"No objection, your Honor," Hawk affirmed, before Rodericks could ask.

"Very well, document is marked government Fifteen, full exhibit."

"Doctor, now referring to your report, can you describe the methods used and conclusions drawn in regard to racial profiling within law enforcement organizations?"

"Well, the purpose of the study was, through standard data analysis protocols and methodology, to determine if, in fact, racial profiling is a phenomenon within police agencies and to make a determination as to underlying causes."

Flipping through the report he continued, "We analyzed several thousand arrest reports looking for commonalities in the stated purpose, the conditions under which the encounter took place, and the background of the involved individuals."

"We also used test subjects, under double-blind study procedures, to measure changes in skin temperature and resistance when shown images of similar circumstances.

Measuring skin resistance and temperature changes has a long-standing acceptability within the scientific community. This methodology is common in research on sexual predators and pedophiles on one extreme and in product advertising on the other. It is a very reliable methodology.” He placed the report down and looked at the jury.

"Doctor, as to the results of your study regarding the prevalence of racial profiling?" Fleming inquired.

"The results were conclusive. Police officers react in a more extreme and aggressive manner when dealing with black subjects. What we found particularly intriguing is that all other racial types did not have the same effect and, interestingly enough, the race of the officer was statistically insignificant."

"What do you mean by 'the race of the officer was statistically insignificant?" Fleming continued the inquiry, walking over to stand near the jury.

"In its simplest terms, it meant police officers reacted consistently to the testing stimuli, regardless of the officer's race. Black and white officers exhibited the same prejudicial indicators with black subjects. There was some differentiation among black female officers; however, even this was minimal."

"Doctor, has part of the preparation for this trial, did you have an opportunity to review the reports relating to the shooting of Mr. Machado?"

"Yes, I did."

"And did you review anything else?"

"I was provided with arrest reports of the East Providence Police Department for the past two years. I analyzed these reports using our statistical analysis program."

"And as to the analysis of the arrest reports, did you draw any conclusion?" Fleming continued.

"The incidents showed a correlation consistency with the reports analyzed during our study. East Providence officers engaged in a pattern of race based profiling. They were a much lower proportional incidence of such behavior. They were less likely than most departments, but nevertheless, profiling did occur."

"I see, and as to the specific incident involving Mr. Machado's shooting?"

"The pattern is consistent with a prejudicial assumption the subject was likely involved in criminal activity solely by virtue of his race."

"Objection, your Honor," Hawk was on his feet and angry, "this is taking on the guise of a fairy tale. The government, through this witness, has offered no foundation for this conclusion; the witness has spun a tale that since it is true in New York or LA, it is true here.

The government wants the jury to take the word of this expert, making a determination of a racially biased motive by Josh, after analyzing one report. There is no foundation here your honor, I move the testimony be stricken and the jury instructed to disregard this fallacious nonsense."

"Your Honor, Dr. Kingston is an expert in race relations and, more importantly, one of the foremost experts and researchers in the field of racial profiling by law enforcement. Dr. Kingston, through his well extensive academic, educational, and research background has established a solid foundation on which to base his opinions. The defense will have their opportunity under cross to challenge those, but this witness is more than eminently qualified to state his findings. As you heard him testify, he is not basing his conclusions on one report, but on an analysis of all arrest reports by the East Providence Police Department covering a two-year period. Those findings are consistent with the national research conducted by Dr. Kingston."

"Your objection is noted and overruled. You will have your opportunity in cross. Please continue, Ms. Fleming."

"Thank you, your Honor." Fleming returned to her table and retrieved a second document, "The government moves to have this marked as government sixteen for identification," handing the document to the clerk, "May I approach?"

Rodericks nodded.

"Doctor Kingston do you recognize this document?" Fleming inquired.

"Yes, I do. It is the report I prepared after reviewing the statements and evidence in this case."

"Government moves to have the marked as full exhibit, government sixteen."

"No objections," Hawk agreed, again beating the Judge to the punch line.

"Doctor, would you please read from the highlighted page twenty-five?" Fleming leaned back on the table, watching the jury, hanging on the Doctor's words.

Fleming counted on the fact that somewhere in the past the minorities experienced some negative contact with the police.

"...based on the analysis of the data relating to incontrovertible evidence of racial profiling within the East Providence Police Department, the behavior of Sergeant Williams in his pursuit of Mr. Machado, into the church, alone, reflects an attitude of superiority characterized by assumptions of culpability based on race, which is prevalent within the agency and consistent with Sergeant Williams behavior in this matter.

In conclusion, it is my opinion that Sergeant Williams’s actions reflect a specific and deliberate decision to terminate Mr. Machado's life solely based on race. Any subsequent mitigating justifications were factually unknown at the time and irrelevant to this determination.
"

"Thank you Doctor Kingston, I have nothing further."

Rodericks looked to the jury, "ladies and gentlemen, we will stand adjourned for lunch. Please refrain from discussing this matter. We will resume at 1:00PM. Marshal, please escort the jury."

After the jury door closed, "Doctor Kingston, you are excused until 1:00PM as well," looking to the court, "are there any other matters to discuss before I adjourn?"

"Nothing your Honor," Fleming answered.

"Not at the moment, your Honor, I am sure this afternoon will be quite different," Hawk replied, staring at Dr. Kingston as he passed by.

"I am sure it will, Mr. Bennett. I am sure it will. Court stands adjourned."

The
jury returned to the courtroom.

Hawk watched, marking lines on his pad. As soon as the jury returned, he slid the pad to Josh, "Know what that is?"

"Ah, no."

"The number of jurors that looked at you, counts going up, happy?"

"Jeez, Hawk, really?"

"I've been doing a daily count, you're on the rise. If you were running for office it'd be time to ask for more contributions."

Josh just shook his head and took out his notebook.

"Got any words of wisdom in there for me, son?" Hawk smiled.

"Are you ready for cross, Mr. Bennett," Rodericks intoned from the bench.

"Ready, willing, and adroit,” rising from his seat gathering notes.

"Adroit? Perhaps you meant able?" Rodericks questioned.

"Same thing, but on steroids your Honor."

Rodericks looked at the jury. Several were smiling
. We will see, Mr. Bennett, we will see.

"By all means, proceed."

"Thank you your honor," looking at a report, and then moving toward the witness before turning to the jury.

"Dr. Kingston, this report on racial profiling was it written by you personally?"

Kingston appeared confused, and then rose to the bait, "If you mean did I personally type it out, no. I have assistants for that."

Arrogance is an addicting drug.

"I am sorry Dr. Kingston, let me rephrase. Is the report the result of your effort exclusively?"

"Ah, I see. No, it was the result of a cooperative effort of a number of experienced researchers, postdoc, doctoral, and undergraduate students, as well as a number of professional research assistants."

"And did you author the conclusion?"

"I did," smiling and nodding to the jury.

"And how was this conclusion reached, was there a vote?"

"Sir, let me familiarize you with research methodology and reporting. In a study such as this, the senior research fellows each prepare an analysis of their conclusions. As the main author of the study, I prepared the overall study analysis."

"I see. Let me make sure I understand this. Is your conclusion the, ah, only valid one based on the study results?"

"The conclusion I prepared is a result of the synthesis of the data, my reading of the other reports, and the benefit of my vast experience in these matters."

"I see, thank you Doctor. Now, how many other senior researchers wrote conclusions?"

"There were seven main research fellows, including myself."

"Ah, so you are the one that breaks the tie?"

"I don't understand the question." Kingston began to fidget a bit.

"I assume that since there are six other researchers, there must have been three the agreed with you and three that disagreed. Is that not true?"

Kingston paused, took off his glasses, and wiped his eyes. "This is not a vote sir; it is a research project where we follow accepted guidelines and practices."

"I see then. Well, of the six other senior, experienced, eminently qualified researchers, how many agreed with your conclusion?"

"Once again sir," leaning forward grabbing the rail, "this is not a popularity contest this is...."

"Your honor, would you please instruct the witness to answer the question, if he doesn't understand it I will simplify it."

"Save the sarcasm, Councilor. Dr. Kingston please just answer the question."

Kingston sat up a bit straighter, looked at Hawk, and said, "All of the other researchers drew, in varying levels of intensity, different conclusions."

"I do not mean to beat a dead horse, so to speak, but just so I and the jury understand, there were seven researchers correct?"

"Yes."

"And of the six other researchers, none of them concurred with your conclusion, is that true?"

"Yes, however… “Pausing a moment, "Yes that is true."

"Is it not true that Wyman Janes, the foundation that underwrote the research, has asked for an independent audit of your methodologies?"

"They didn't get what they expected," waving a hand dismissively. "My integrity is not for sale."

"Are you being compensated for your appearance here?" glancing to the jury for a reaction.

"My foundation receives a fee to cover costs and expenses related to my review of all pre-trial documents, preparation time, and consultation efforts," removing his glasses. "My opinion is not subject to any part of that fee. It is honest, forthright, and based on facts and data," sitting back, "I resent the implication."

"Sir, I implied no such thing, I thank you for your answer. What was that fee?"

Kingston looked over to Collucci, no help there.

"Do I have to answer that your honor, I hardly see the relevance."

Rodericks looked up at Hawk, "Is this going somewhere, Mr. Bennett?"

"Your honor, I am just putting the testimony in context for the jury."

"Very well, the witness will answer the question," looking at Dr. Kingston, "no one is challenging your integrity."

"Yes sir, "glancing back at Hawk, “my standard fee for matters involving public entities, local, state, and federal, is fifty thousand dollars. It is much higher for private institutions."

Hawk just let that sink in. Saw the sideways glances among the jury.

Strike One.

"How often have you testified as an expert witness in a criminal matter?"

Kingston was now squirming, shifting his position, "once.”

"I am sorry, did you say once?"

"Objection your honor, "Collucci said, "this is bordering on badgering the witness, we all heard the answer."

"Sustained, Mr. Bennett move on."

"Yes, your honor."

Strike two.

"Dr. Kingston, do you know the name Mustafa Ali Mustafa?"

Kingston's head rose slowly, his eyes burned, leaning forward he said, "Mustafa Ali Mustafa is my son."

"Yes sir, and what does your son do?"

Collucci and Fleming were both on their feet, "Your Honor, where's the relevance here?"

"He doesn't do anything," Kingston was standing, shouting, "He’s dead."

Rodericks slammed down the gavel, "Enough, stop right there Dr. Kingston, do not say anything else."

Kingston sat, hands shaking, trying to hold his glasses, wiping his brow.

"Mr. Bennett, where is this going?" motioning Collucci and Fleming to sit.

"Your honor, I am permitted to ask questions that explore anything evidencing bias."

Collucci was on his feet again, "Your Honor," glancing at the jury, "this is highly prejudicial."

"He has a point Mr. Collucci; I am going to allow this, up to a point which Mr. Bennett will get to soon."

Hawk nodded.

Collucci glanced at the jury and sat down.

Wind up.

Hawk looked at Dr. Kingston.

"Sir, I do not wish to cause you any more anguish, how is it your son is dead?"

Kingston took a deep breath, looked at the jury, trying to control the tears, "He was killed by a police officer."

Strike three.

"And was that officer white?" Hawk asked, watching the jury's reaction. "Withdrawn, your Honor," short circuiting the inevitable objection.

Collucci looked at Fleming, "How did we not know this?" he whispered.

"You didn't want to pay any more money to vet the witnesses. You found a damn report you liked and bought it without researching the person. What did you expect?"

Hawk walked over and sat. Looking at Josh, he motioned him in, "Son, I cutting my fee in half. That shit was fun."

Josh rocked back.

"Not really, but it was fun."