Collision Course (A Josh Williams Novel) (40 page)

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 4
th
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.”

“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.”

“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.

The
call, coming so quickly on the heels of the return to the courtroom, surprised everyone.

Josh and Hawk walked quickly back from Café 101 to the courthouse. Hawk was ebullient. "This is in the bag, Josh. I am certain of it. Once we have that verdict in our hands, I am going to hold a press conference that will ruin that son-of-a-bitch."

Josh had his doubts. He liked Hawk. Hell, he just trusted him with his life, but he hated that everything was a crusade to him. Josh just wanted this over. There wasn’t much left of his life that really mattered anyway.

Symonds and Hamlin met them outside the courthouse. Hawk tried to dissuade Hamlin from being there, but it was to no avail. She did not care what Rodericks said, she was going and that was the end of it.

Hawk, Symonds, Hamlin, and Josh entered the courtroom. The court was once again full of uniformed police officers, several agents from the local FBI office, and other law enforcement agencies.

One person was not there. The one that would have made a difference.

As they took their seats, Fleming walked over. “I hope you understand,” she said, “I am truly sorry for this.” Turning, she went to her seat.

The Marshal announced Rodericks entry as he took the bench.

Looking over to the government table, then at the defense he said, “Are we ready, gentlemen?”

Hawk answered, “Your Honor, I have been ready since this whole charade started.”

Rodericks shook his head, “True to form Mr. Bennett. I would’ve expected nothing less.” The Judge examined a few documents, and then motioned for the jury to be brought in.

As the jury took their seats, Josh noticed no one was looking at him.
What the hell, he thought, what the hell?

Rodericks addressed he courtroom. “I want to remind everyone that this is a court of law. No outbursts will be tolerated. Heed my words.”

There was no reaction from the crowd; they learned to pay little attention to this judge.

“Mr. Foreman, has the jury reached a verdict?”

The foreperson rose, glanced briefly at Josh, and then said, “We have, your Honor.” He then handed the verdict form to the Deputy US Marshal.

The Marshal took the document and handed it to the Judge. Rodericks opened the paper, read it, and then returned it to the Marshal.

The Marshal returned the document to the jury.

In the back of the courtroom, the door opened. Josh looked to see, but his view was blocked.

Rodericks looked out at the courtroom and said, “Mr. Foreman on the count of Violation of Civil Rights while acting under color of law, how do you find the defendant?”

“We, the jury, find the defendant not guilty.”

Josh hung his head. Hawk slapped him on the back and shook Symonds hand. Hamlin let out her breath, tears in her eyes.

The foreperson read off two more verdicts of not guilty. Collucci asked to poll the jury. The not guilty verdicts rang out in the courtroom.

In the back of the court, the door opened once again.

Reporters rushed from the court to report the verdict.

Rodericks motioned for quiet and addressed the jury. “Ladies and Gentlemen, thank you for your service. The willingness of people such as yourselves to serve on a jury is the cornerstone of our judicial system. You are dismissed. Thank you again for your time.”

Turning his attention to the court Rodericks said, “The defendant’s bond is released. Are there any other matters Mr. Bennett?”

“Not for the moment, your Honor, not for the moment.”

“All rise.”

Josh heard those words for what he hoped the last time.

Josh
stood looking out the window onto Kennedy Plaza. He heard Hawk speaking to the reporters, turning Collucci into evil incarnate. He did not have the strength to care enough to listen.

He wanted no part of it.

Chris came into the room, walked over, and put her arm around him, "She hasn't called?"

Josh just shook his head, continued to stare, "Why would she? I doubted her. The one person in the world that never gave me a reason..."

"She'll be back, she loves you Josh. You don't walk away from that...."

"She isn't walking away, I pushed her."

"Look, give her time. I know her Josh. I tried to get you to listen to me. She will be back. I know it."

Josh walked to the desk, opened the briefcase, and took out a letter. He handed it to Chris.

"Can you give this to Chief Brennan for me?"

"What's this?"

"My resignation. I can't stay here, no reason for me to try."

"Bullshit Josh, you can't go. Look, you’re a good cop, this never should have happened to you... The department is better with you on it. You cannot let this take you away from us. We want you, Josh. I don't know what will happen with Keira, but you will have a chance to deal with that. You resign and that is it. Even Brennan will not be able to get you back. The political whores will see to that."

Chris took the letter, tore it up, and threw it in the trash.

Josh smiled, "I'll think about it, but I can just print another one if I decide to go."

"Fine, I take out all the printers in the office first thing tomorrow." Chris replied. "Look, take some time off. Go hike, or fish, or whatever it is you do in the woods. Take time to think it over. Then come back to work. That last part is an order."

Josh looked at Chris, "Thanks, Lieutenant. It means a lot to me."

"Oh, now it’s Lieutenant; not Cheeks, or Swiss Cheeks? All I needed to do was get you indicted, tried, found not guilty and that would housebreak you? Jesus, why didn't I think of this before?"

A moment later, Hawk came walking into the office with one of the many news bunnies covering the trial, "Josh, this is Candace Ferguson. Candace, this is Josh Williams and Lieutenant Chris Hamlin, two of the finest officers you'll ever meet."

"Sergeant, Lieutenant, it is a pleasure to meet you," Candace said, flashing a perfect smile.

"Josh, Candace would like to do a feature story on the trial, the emphasis, of course, being my brilliant legal tactics and maneuvering. She'd also like to focus on the impact this miscarriage of justice has taken on you personally, and the department as a whole."

"I don't know Hawk, I'd rather pass."

"Josh, listen to me. This is your opportunity to get the full story out on what the government is capable of doing when it lacks restraint."

Josh looked to Chris. Chris shrugged her shoulders.

"Okay, but can we hold off a few days, I just want to get away from here for a bit."

"Listen my boy, we are all done talking about anything trial, or police, or law related. Tonight we are going to the Capital Grille, my private dining area, and celebrating."

Chris saw the look on Josh's face, "Hawk, we appreciate the offer, but not tonight. Josh and I need to get back to the department and deal with a few things," expecting an argument.

"Are you sure?" Hawk replied, "Well, okay I understand. However, as soon as you are ready, the offer stands. Candace, why don't you and I go? We can discuss my trial strategy."

Candace smiled, "That sounds lovely Mr. Bennett."

"Hawk, please. Hawk, we are among friends."

"Josh, you and Chris stay as long as you like. You know where I keep the Scotch." Turning to the reporter, "Shall we, my dear," gesturing to the door.

"Did I mention I was a Green Beret in Vietnam, Candace? Perhaps you could use that as an aspect of my tenacity..." Taking her by the arm, walking out the door, a perfectly formed thumbs up behind his back.

Josh started to close his briefcase; it slid off the desk, onto the floor, contents everywhere.

Chris helped him gather things, noticed a small envelope on the floor, picked it up, looked at the 'J' on the outside, and showed it to him.

"Hmm, I forgot about this," taking the envelope, examining the partially opened flap, "Steve Murray gave it to me at the beginning of the trial. I was going to open it, Hawk came over. I threw it in the briefcase and forgot about."

"So?"

Josh looked at her, and then opened the envelope...

Josh,

I wish I could find words....you hurt me.....but now that I've taken time to truly look at myself.......I hurt you as well.

I wrote this one night waiting for you to come home. I wanted to surprise you by being there.

Not expecting me, you didn't come home until long after I was asleep, unsuspecting I had been there for hours, waiting.

You didn't know.

I gave you no reason to believe.

I know you will come out of this okay. You are the most caring, loving, honest man I have ever known.

Taking a human life is the worst thing that could happen to a sweet man like you. You'd never do that unless you saw no other choice.

It is why I love you...

****

She looked out over the dunes to the ocean for a ship, a sign, anything. Would he come? Why haven't I heard? Why was he so distant?

This was the part she hated, The intensity of the feelings, all of them, love, hope, doubt, distance, despair, delight, resolve, and resignation.

It had always been as this. Was it her obsession?

Was he that different? Was he really so sweet, and caring, and tender, and distant, and difficult?

Does it have to be thus?

But she kept looking, kept hoping, every day; whenever she could, watch the sun fade, steal her heart, pulling it down below the horizon, inevitably, undeniably.

Broken, she would return inside.

Surrendered to her life.

Morning sunrise would return hope, renew her spirit, buoy her heart...and the pattern would repeat, day in and day out.

There came a time when she no longer went.

She believed now that his absence wasn't a delay, or a deferral, it was a decision.

She thought never to look out again.

Resigned to feigning happiness, taking consolation in consistency, undeniably familiar but never fulfilling, irrevocably there but not theirs, numbingly comfortable but not comforting.

She medicated her soul into submission.

****

He steered the ship through the storm, made little progress. He turned back over and over only to return, and try again. He was unprepared, unequipped, and unsure of the way.

But there was something compelling him. Something drove him, despite objections to his leaving the safe harbor.

The waves chilled him, blinded him, impeding his progress. He was moving forward, approaching the coast. Coming closer to that which held him together for years.

The storm receded, the sun appeared, and set. Would she be watching? It had been so long, so much time lost; so many times he'd disappointed her.

Sea calming, wind relenting, mists of rain fading.

He could see.

He looked to the shore, felt the guilt rise, felt the shame of his cowardly delay consume him.

How could he have expected her to wait? After all he'd done and failed to do, how dare he think himself worth it.

He returned to the tiller, a gentle turn away from the coast. Tears blinded him, he couldn't imagine life alone.

Then, he heard the voice, tried to see, saw only motion. She was there, she had always been there, it was his doubts that blinded him.

Her gentle, loving, honest heart wouldn't let her abandon the shore.

All men seek love, some have it presented to them; the rare man embraces it.

It wasn't where, how, or when they came together, it was always that they would.

The journey continues.............

I hope you will let me back in your life,

Keira

Josh dropped the letter on the desk, looked at Chris, tears streaming down, "I am an idiot, how could I do this...."

Chris picked up the letter, “Go. Go find her."