Collision Course (A Josh Williams Novel) (29 page)

"And the toxicology report, can you read the conclusions of the analysis."

"The result indicated the sample was 5.1% alcohol by volume"

"And what was the brand name of the beer?"

Hawk stood, "Your honor, while this chemistry lesson is fascinating, I fail to see the relevance."

Rodericks looked at Collucci, "I was beginning to wonder that myself, Mr. Collucci?"

"If the court would bear with me, the relevance will be readily apparent in a moment."

Hawk sat down determined to keep Collucci off his rhythm.

"Lieutenant, the brand name?"

"Becks."

"Now, did this matter go to trial in Sixth Division District Court?"

"Yes."

"And were you present for that matter?"

"I was"

"Did you testify?"

"No"

"Who testified for the City of East Providence?"

"Sergeant Williams."

"Lieutenant, were you present during Sergeant Williams testimony?"

"Yes, I was."

Hawk was up again, "Your honor, really this is stretching it. If Mr. Collucci cannot get to the point we need to move on."

"Mr. Collucci I have allowed you a great deal of latitude on direct here, please get to the point quickly."

"I believe the next few questions will address the issue."

"During this case that city introduced the toxicology report correct?"

"Yes, it was stipulated by the defense."

"And Sergeant Williams introduced a six-pack of beer, minus one bottle, that he testified was the one seized at the time of the arrest, correct?" turning to watch the jury reaction.

"No that is not correct."

Collucci spun around, "Excuse me, did you say that was not correct?"

"Yes"

"Lieutenant, you were there for the testimony, you acknowledged that. You acknowledged that the toxicology report was introduced, but the six-pack was not, is that your testimony?"

"Yes"

Collucci marched to the table, picked up the report, shaking it in the direction of Chris, "Lieutenant, I ask you again, did Sergeant Williams testify that the five bottles of Beck beer, with the evidence tag attached, were the same ones seized the night of the arrest?"

"Sergeant Williams testified the items were the same as, not the same ones, seized that night."

"Lieutenant, Sergeant Williams lied in court, didn't he?"

Hawk was up again, "Your honor, this has gone on long enough. This line of questioning is irrelevant and highly inflammatory. There is no basis for these questions, not substantiating reports to the contrary. If this case is so relevant why not have the transcript introduced?"

Collucci was apoplectic, "There is no transcript, and the trial recording equipment malfunctioned."

Rodericks tried to conceal his delight. Before him, two of his favorite targets, a female cop playing fast and loose with testimony in his courtroom, and a pompous self-important United States Attorney that, should he get elected to Congress, would likely vote against him when his nomination to the Circuit Court came through.

He knew he could pick one to ruin completely. That's not to say he could not exact some wounds on the other just for fun.

"Lieutenant Hamlin, was the evidence introduced in this matter the evidence seized during the arrest?" Rodericks smiled benignly.

"No, sir"

"So what happened to that evidence?"

"It was misplaced." Chris shifted nervously on the stand.

"Misplaced, I see. Is this a common occurrence within the East Providence Police Department, Lieutenant?" looking intently at Chris.

"No, sir. Unfortunately, with some cases, in particular the non-violent, misdemeanor cases, evidence sometimes gets misplaced." Chris voice wavering a bit.

"I see, and so you decided to substitute for the misplaced evidence? Is that a common practice as well?"

"No sir, I mean yes sir, I decided," looking at Josh, "to replace the items for the court hearing. It is not common practice. If questioned about it we would have acknowledged the fact. I considered it an exhibit, not evidence."

"If questioned, I see, so you hoped not to be, questioned about it? Rodericks was smiling broadly, enjoying this.

"No, I assumed the defense lawyer would have questioned the evidence in that manner."

"Very creative, Lieutenant, you considered it an exhibit. Is there a difference in your mind between the two?"

"Yes, clearly there is. In addition, your Honor, we introduced the chain of custody of the bottle sent for toxicological analysis. This accounted for every moment from the point of seizure to when the evidence arrived at the State lab. There was no question about that."

Rodericks heard enough, "Well, I suppose if your ability to account for one of the six bottles seized is a high enough standard for your department who am I to question it," redirecting his attention elsewhere.

"Mr. Collucci, I’ve allowed you enough latitude, your point, what little there is of it, the court just assisted you in making it, move on."

"Your Honor,” Collucci’s anger rising, "I have several more..."

"Mr. United States Attorney you have no more time for this line of questioning. If you have some other areas to explore with this witness, do so. Otherwise, sit down." Rodericks' delight was electric.

Collucci stood for a moment looking at Rodericks, turned, shaking his head, and made his way back to the government's table.

"Nothing further."

"Excuse me, Mr. Collucci, were you addressing the court? It is hard to tell since your back was to the bench."

Rodericks really enjoyed these moments. “My apologies, your Honor, no disrespect intended. The government has nothing further for this witness."

'Useless' might hate cops, but he held a greater distaste for Collucci.

"Mr. Bennett, we have about an hour or so before adjourning for the day, would you like to start now, or wait until we are all refreshed and eager in the morning?"

Hawk smiled, Useless was certainly a poster child for a lazy judiciary, yet the point made was valid.

"Your Honor, we have a number of matters we'd like to research. It has been a long day. I'd be happy to accommodate the court and begin first thing tomorrow."

Rodericks nodded, "Lieutenant Hamlin, you are excused until 9:00 AM tomorrow, the Marshal will now escort the jury from the court."

Rising from the bench as the jury door closed, Rodericks left the courtroom.

"Tough day Robbie boy," Chris said as she passed Collucci.

"Oh no, my dear Lieutenant, that wasn't even close to a tough day. Not yet."

Collucci and Fleming headed out. Fleming glancing over a Josh, a slight, yet sad, smile on her face.

Chris
, Josh, and Hawk walked back to his office. As they approached the elevator, a young woman walked over.

"Sergeant Williams?"

Josh stopped and looked at the woman, Chris moved behind her, impressing Hawk with the swiftness of the movement.

"Do I know you?" Something about the woman, a familiarity, he just could not place her.

"I don't think so," glancing back at Chris. "I have something for you, in my pocket. It's only a note."

Chris moved close to her and leaned in, "very slowly young lady, very slowly."

The woman held her left hand out to her side, reached into her pocket, and withdrew a folded manila envelope, handed it to Josh, then slowly lowered her hands.

"Jeez, Maggie said you'd be nervous, but this is like a movie."

"Maggie?"

"Maggie Fleming, my aunt, "taking in the glances among the three, "she asked me to get this to you away from the courthouse. Can I go?"

Josh nodded, looked at Chris and Hawk, and added, "thank you, I think. Did she say why?"

The woman was already on her way; she turned back, shrugged and said, "She told me she believes in the system even if everyone else doesn't."

"Well, that solves the mystery of the anonymous emails, doesn't it?" Chris said.

"What anonymous emails?" Hawk's eyebrow arching up.

"A few weeks ago, before trial started, Josh got some anonymous emails telling him to be careful, warning him Collucci had something on him."

"And you are just telling me this now because?"

"I didn't think anything of it. There were two messages and then they stopped. Chris traced one to the library on Grove Street in East Providence. We got some pictures of Maggie's cousin there," motioning to the retreating woman. "Now we at least know one of them."

"One of?" Hawk shook his head, "Okay, I thought you two were grown out of this by now but apparently not. I need you to tell me all of it, no more damn secrets." His voice rising, "the government's case sucks, but I've seen juries convict on less."

Hawk jammed the button on the elevator several times; as the door opened, he turned to the two of them, "Take the stairs. Perhaps this will insure that when you arrive in my office you'll be too tired to withhold anything more, and give me that damn envelope," snatching it from Josh's hands, "this way here I'll be sure to know what it says, not what you two idiots think I should know. One more thing," holding the door, "get me those images." The elevator closed.

Josh looked over and Chris headed for the staircase.

"We're really taking the stairs?"

Fifteen minutes later, they came into Hawk's office.

"Hi Tif," Josh smiled at the assistant, "is he in there?"

"He went over to see Bill Symonds, told me to just have you sit tight."

"Okay, thanks, we'll go on in."

"How are you Lieutenant?" smiling at the slightly red-faced Chris, "You're not still...."

"No. I am fine, just a little winded since my good friend here decided to make it a race up the stairs," leaning on the desk.

"She's starting to show here age Tif, can't keep up with the younger generation." Josh laughed.

"Really now, do you want to tell Tiffany who won?"

"I let her win," Josh winked, "very fragile sense of self-worth."

The two walked into Hawk's office, within a few minutes Hawk returned accompanied by a tall, well-dressed, gentleman.

Josh could not help but notice a reaction in Chris
. On the hunt for a new one already, he thought.

"Josh, Chris this is Bill Symonds. Bill, Lieutenant Christine Hamlin and Sergeant Josh Williams."

They all shook hands, then made do with the limited places to sit.

Hamlin went over to Hawk's computer, "I'll bring up those images."

Hawk nodded at Chris and said, "I asked Bill to sit in for a bit. He and I worked together in the AG's office many years ago and he was an AUSA in Boston for a few years."

"I didn't know you worked as a prosecutor." Chris said, surprised, glancing up from the keyboard.

"There are many secrets my dear Lieutenant, many, many secrets. I did mostly appellate work, not many trials," handing a document to Josh, "read that and then let Chris read it."

After the two read it over, they looked at Hawk, "So now what?" Chris asked.

"That’s my point, Chris. Now what? It is why I asked Bill to come in on this. We could move for a directed verdict or mistrial. Collucci is intimidating witnesses, hell he is suborning perjury. My feeling is if Rodericks grants the motion for a directed verdict, we win. If he denies the directed verdict, but grants a mistrial, the US Attorney will have trouble re-trying the case. We can ruin his credibility."

Symonds interjected, "Here is the issue as I see it. Clearly, you have grounds for a mistrial; the directed verdict is a stretch but not totally out of the picture. Get either one and this case is dead in the water."

Josh looked at the document again, "but where does that leave me. I would be the cop that beat the rap on a technicality. People will think I shot and killed an unarmed man because he was black. I do not want that. It's not the truth."

"That's what I anticipated, Josh," Hawk answered, "that's why I wanted Bill to be the neutral here. Personally, I want to run with it and crack the son-of-a-bitch over the head with a not guilty verdict. I believe we can get that.

Nevertheless, my obligation is to insure you make the best decision based on the rules of law. My competitiveness may be clouding my responsibility to the best legally viable course."

"Chris, what do you think?"

"Oh, Josh, I don't know. If we can end this now I would be inclined to go with that. Nobody really believes you did anything wrong, well, nobody that matters. I understand you want to see this through. However, at what cost? Suppose the jury buys into some of this bullshit. Collucci is an evil bastard, who knows what other shit he might try and pull."

"Bill?"

Symonds paused for a moment, and then stood, "Let's think this through. A directed verdict is a stretch; let’s take it off the table. Our best course is a mistrial. Two things can happen. Collucci regroups, uses his political skills to turn the mistrial into a case of judicial activism, the standard 'courts denying justice on technicalities'.

He turns Josh into the 21st century equivalent of a lynch mob killing innocent black men and the court condoning it.

He then re-indicts, garnering a completely new round of publicity, and we are in the same situation. Only this time, the government will be better prepared, they'd have seen our game plan, which we won't really be able to change very much."

Walking over to the window, he continued, "Or, he decides not to retry the case. Does the same angry cry to the world for justice denied, effectively destroying Josh's career and likely yours as well, Lieutenant. He then assassinates the reputation of a good police department, the local FBI office, and rides that wave to Washington."

Chris stood up, "Wait a minute, you don't expect Josh to risk his freedom just to derail a political campaign do you, come on. That's not fair."

"I am merely laying out various scenarios should we file either motion and win. However, there is one more scenario to entertain. This one, now that I've taken some time to consider it, seems the best course for Josh to emerge from this with his reputation, and career, intact."

Symonds looked at Hawk and smiled, "a little disinformation campaign my friend."

Hawk smiled.

"I will provide notice that Bill is coming aboard as co-counsel. If Ms. Fleming is as smart, and as honest, as I think, she will see this for what it's worth and use it to poison Mr. Collucci's brave demeanor. It will put him off-balance."

"And why would that be, for all we know this is Collucci's idea." Chris asked, looking around the room.

"Wow, who's the conspiracy queen now?" Josh said.

"Bill here is the master of the motion and appellate process. Collucci will read this, I hope helped by some poisoning of the well by our secret friend, as our refocusing on motions because we have learned something about his inner workings. It will put him on the defensive, perhaps overreacting, digging a deeper hole in his case."

Hawk walked to the computer and turned the monitor to get a better look, "Bill" he said, 'look."

Symonds came over and smiled, "Once again my friend your intuition is remarkable. That, my friends, is Special Agent Frank Wilson, FBI Boston office. One of the most honest and trustworthy people in the bureau. Came there from Boston PD. He was a real cop for a while and never forgot his roots. I bet Fleming reached out to him as a bit of protection for the niece and her mission."

"Not very good at undercover work," Chris said.

"On the contrary, that wasn't a disguise, it was a message. They hoped you'd figure it out." Hawk answered.

"That still doesn't answer the question, what do we do?"

"Yes it does, Chris," Josh said, "We see this thing through, I testify. Collucci will have to be extra cautious he does not provide us any other avenue for a motion. I want to do this. Hell, I am going to do this."

Hawk walked over to Josh, "are you certain, there are no guarantees here. This can all go bad and we will really have to use Bill to write an appeal on your behalf. Maybe you need to think about it a bit."

"No, I thought enough. I have to live the rest of my life second-guessing my decision to shoot Machado. If I wiggle out of this without a verdict, it will make it all that harder. I know what I have to do and this is it."

Josh and Chris left Hawk's office and walked over to O'Reilly's Café. Dark, classically low key, the café was a nice place for a beer and corned beef sandwich. As they sat at the bar, Josh looked at Chris "I am sorry you went through that, today"

"What?"

"You know, adjust the facts to fit the truth."

"Josh, I may not agree with your philosophy very often, but having seen the effect politics has on this case, I am starting to wonder if you may be right." Lifting her beer, tipping the glass to Josh.

"You know, Lieutenant, I am starting to think your philosophy makes more sense." Staring into his beer.

Chris looked stunned. "And what might that philosophy be?"

"Well," smiling broadly, "dump one lover, find a new one. Waste no time. I saw you drooling at Symonds."

"Fuck you, Josh, Fuck you," laughing, as she drained the beer.

Josh continued to look into the glass; he hoped he was kidding.