BA Hammer Blue Flu Ch. 07

The preliminary hearing started promptly at 9 AM. The Honorable Roscoe Tanner presiding. The Assistant District Attorney Jeremy Banes was for the prosecution. After all the preliminaries were out of the way, the A.D.A. began his case. His first witness was the coroner. He stated the victim died of two gunshot wounds to the chest. He estimated the time of death was between 9:15PM and 9:45PM. Brick had no questions. Next on the stand was Lt. Baker. He described hearing the call, and being close by came to the scene. He testified he arrived just after the first two officers and took charge. He described the arrest of the defendant. It was now Brick's turn.

"Lt., you testified you were just in the neighborhood when you got the call. Is that correct?"

"Yes, sir. I was on my way home when I heard the call."

"You were on your way home when you got the call. Where do you live, Lt.?"

"Objection, your Honor, relevance."

Brick was ready for that. "Motive, your Honor."

"Objection overruled. The witness can answer the question."

"I live in Queens."

"I see. Isn't that in the opposite direction from the scene from your precinct?"

"Yes." He was very uneasy and unhappy. Brick pressed on.

"So, what were you really doing in that neighborhood that night?"

"I had to meet with an informant in the area."

"An informant. Someone related to this case?"

"No, it was another case."

"How can we trust you, officer? You sure you weren't there specially because of Salvador Chang?"

"Objection, you Honor."

"I'll withdraw the question. I am finished with this witness." Baker glowered as he walked by Brick. Brick never looked up from his notes as he walked by.

The ADA then had each of the four police officers recount their stories.

Brick took the officers as they were called. First was Officer Kensington.

"Officer Kensington, you testified you were patrolling your normal area that night when you and your partner received the call. What exactly was the call for?"

"I don't think I understand, Mr. Blackstone."

"You know, was the call for a disturbance, a domestic call, or murder?"

"I see what you want to know. It was a call for shots fired."

"What time did you receive that call?"

"My log says it came in at 9:05 PM."

"Five after nine. What did you do when you arrived?"

"We detained a man who came running out of the back door."

"Is that man here in the court?"

"Yes, sir. He is sitting behind you."

"Let the record show she is pointing to Britton Hammer. Was he the only man to come out that door?"

"He was the only man I saw."

"What about the man he was chasing?"

"Objection, improper cross-examination. There was no mention of anyone else."

"Precisely, your honor."

"You'll have the chance to put your witness on during your case. For now, it is improper, and the objection is sustained."

Next came Anderson Thomas. "Officer Thomas, does everything officer Kensington agree with your recollection?"

"It does, sir."

"And you saw no second man?"

"No, sir, I did not."

Third up was the junior member of the other car, Jamelle Hayes.

"Officer Hayes, you testified you took the call and came to the apartment. Is that correct?"

"Yes, sir."

"What time did you and your partner arrive?"

"We were there by ten after nine."

"It couldn't have been 9:15, or 9:20?"

"I don't think so, sir."

"I'm not asking for what you think, officer. I'm asking what you did, and when. What time did you enter the apartment building?"

"It was within a minute of 9:15, either way."

"I see. How did you get into the building?"

"Sir?"

"You know. Did the super let you in. Did you have to call someone? Did you have a key?"

Hayes looked to the ADA, but he just stared at him. He then looked at Baker. Baker just held up his hands.

"I believe someone buzzed the door. All I know is the door buzzed as we came to the door, and we went in."

"Did you think about who was letting you into the building?"

"Not then, sir. We were responding to shots fired call, and time is of the essence."

"I see, and have you ever been involved in shots fired situation before?"

"Objection, your honor. What possible connection could this officer's past have to do with this situation?"

"Your honor, if the officer had been in this situation before, he might have responded differently now. He states he doesn't remember the door opening. What else does he not remember? Has he had this situation before? I think I'm entitled to know."

The judge sat thinking for a moment. "Since there's no jury here to be influenced, I will allow the question. Objection overruled."

"Answer the question, officer Hayes."

"What was the question again?"

"Have you ever been involved in shots fired situation before?"

"Yes, sir. I was involved in a shots exchanged situation before."

"And how did you do?"

"I survived."

"Yes, but what about your report?"

"I don't understand."

"I believe you do. You were reprimanded for lack of composer and discharging your firearm unnecessarily, is that not correct, officer?"

"That's what they said, but they weren't there when it happened. The desk jockeys are never on the street when we put our necks on the line. They just show up later with a story of how they'd have done differently."

"You testified "not then" when I asked you if you thought about who let you in. When did you think about how you got in?"

"I guess it was when I had to sit down and write my report. It HAD to be that way. We didn't have a key, and that was an old building. It had no emergency key in the doorway."

"I see. So, your partner could have used a key to get in."

"No, I was the first person through the door. He had no key."

"Thank you, officer Hayes. I have no more questions."

Lastly was Wilber Smith. "I understand you started in Buffalo before coming here three years ago. Is that correct?"

"Yes, sir."

"How many murder investigations have you been involved in?"

"I don't know, a dozen or more."

"I see, all kinds?"

"Several kinds, yes."

"Any of them cop killings?"

"No sir."

"So, this is your first case with a fellow officer killed, correct?"

"Yes, sir, it is."

"So, what were your thoughts and impressions when you first entered the room?"

"Your honor. Mr. Blackstone just finished telling us he didn't want to know what the witness thought. Now, he's asking for very same thing."

"Is there an objection in there somewhere?"

"Yes, your honor, I object."

"Mr. Blackstone?"

"Before I wanted to know what the witness did. This situation is a new one for this officer. I am trying to determine if the officer got angry or upset when he saw a fellow officer shot dead."

"I'll let you ask the question but be short about it."

"Yes, your honor."

"Now, officer Smith. Did you get angry when you saw Officer Chang?"

"No, I didn't know who had gotten shot until Lieutenant Baker told me. By then we were too busy to think about those things."

"Thank you, Officer Smith. No more questions.

The judge called the noon recess.

Brick and I found a quiet little café for lunch and sat down to discuss the morning's events.

"I think you scored some points with judge, especially with the buzzer thing."

"I scored some points, but they were mostly glancing blows. We will see how it goes when Baker comes back to the stand to introduce the gun. I was surprised they didn't admit it when he was there the first time. You will have to testify about the man you chased. Then I can hammer those two cops on seeing you but not the man who came out first. We'll see.

The hearing started again at 2 PM.

The Da called Baker back to admit the gun.

"Lt. Baker, is this the gun that was laying on the floor of the murder room?"

"It is."

"Has it been tested by the police lab?"

"It was."

"The results are what?"

"This is the murder weapon."

Thank you, Lieutenant. You're witness."

Brick stood up and walked over to the witness table. He picked up the gun and held it out in front of him. "Tell me, Lieutenant, did you find any fingerprints on this gun?"

"No, sir. The gun had been wiped clean."

"I see. At what time did you enter the murder apartment?"

"I'm not sure."

"Did you follow the first officers into the room?"

"Not immediately."

"One minute, two minutes, how long after they came through the door did you come through the door?"

"Maybe two minutes."

"So, you heard the call at five past nine and were in the apartment before 9:15. That's less than ten minutes, Lieutenant. Your snitch must have lived very close to that building, wouldn't you say?"

"I never got to my informant. The call interrupted me, and I diverted here."

"Where was the defendant when you entered the room?"

"He was standing in the living room talking to the two officers."

"Tell me, lieutenant, was the defendant wearing gloves?"

"No, he was not."

"So, as an expert murder investigator, would you say it would be unusual for a former military officer to come to an apartment to kill someone with a throw away gun, but not wear gloves?"

"I object, your honor. Calls for a conclusion."

"Your honor, this witness is an acknowledged expert on murder investigations. He has conducted dozens, if not hundreds of investigations. The defense will stipulate to his credentials."

"I'll allow the question."

"I'll admit it is unusual. However, he still had time to wipe the gun clean before he left the murder room and still be caught in the living room."

'That would mean either he waited for the police, or they arrived within minutes of the shots being fired. Does that sound reasonable?"

"It means he was still there when the police arrived?"

"Were his fingerprints found in any other places in the apartment?"

"Yes, in the living room."

"Were they found in the murder room?"

"No."

"He comes without gloves, touches several places in the living room, takes his gun out and kills Chang, wipes it clean and attempts to walk out of the apartment. Is that how you see it?"

"Basically, yes. I didn't say he was bright."

"Ok. Did you take the elevator up or walk up the stairs?"

"I took the elevator."

"How long does it take from the front door of the lobby to the elevator, up the elevator, down the hall of that floor, and into the room.?"

"I don't know, a couple of minutes maybe."

"Sorry Lieutenant. I had my men time it several times. You want to know the average of all those times? It was four minutes. That's right. four minutes. So, let's run through your timeline again. You hear the call at five after nine. You are nearby so you arrive, let's say, at 9:10. Four minutes after that would be 9:14. Sound right?"

"Yeah, that sounds right."

"Okay, I have no more questions at the moment."

The next witness was from the precinct offices. It was an internal affairs officer named Samantha Sims.

She produced the complaint from Salvador Chang concerning Ike and myself. It was admitted into evidence. Then it was Brick's turn.

"Officer Sims, what did officer Chang tell you during your interview with him?"

"I never met the man."

"Wait, you did not receive this complaint in person?"

"No, it was dropped off by Lieutenant Baker. He said Chang was too shy to bring it himself, but he would swear to it himself when he came in for his interview."

"And you never had that interview."

"No, I did not."

"What is your normal procedure for a complaint by an officer against the general public?"

"Once we had a verified complaint, we would interview everyone involved before making a determination."

"So, in this case, what?"

"There is no case. I was never able to verify any of these facts."

"Your honor, I request this original form be subjected to forensic tests to determine if the signature is genuine, and if there are any other abnormalities to this form."

Jeremy Banes jumped up. "Your honor I object. The reason the victim couldn't come in to verify the form is because he was murdered by the murderer before Chang could do so. The form itself demonstrates the defendant's motivation for the crime."

"Which, your honor, the defendant would not have known of because he was never told about the complaint. This witness verifies she had not contacted the defendant about this complaint. The prosecution cannot prove the defendant even knew about this purported complaint."

The judge looked down at Jeremy Banes. "Mr. Prosecutor?"

"Your honor. If I may, I would like to request an adjournment to review this new information."

"I think that is wise. As the weekend is upon us, we will stand adjourned until Monday morning at ten AM." He banged his gavel and got up to leave.

The look on Banes' face was only matched by the look in Baker's eyes. It looked like he might be thinking of trying a more old-fashioned remedy instead of the courts.