Consequences Ch. 02

This story is part of an ongoing series. The chronological order of my stories is listed in WifeWatchman's biography.

Feedback and constructive criticism is very much appreciated, and I encourage feedback for ideas.

This story contains graphic scenes, language and actions that might be extremely offensive to some people. These scenes, words and actions are used only for the literary purposes of this story. The author does not condone murder, racism, racial language, violence, rape or violence against women, and any depictions of any of these in this story should not be construed as acceptance of the above.

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Part 7 - Testimony

"Oyez, oyez, oyez!" cried the Bailiff at 9:00am, Tuesday, June 16th. "Court is now in session, the Honorable Rodney K. Watts presiding."

Everyone stood up as Superior Court Judge Rodney K. Watts entered the Courtroom and took his seat behind the Bench. "Be seated, please." he said as he banged the gavel. "Anything before I bring in the Jury and get this started?" Neither the Prosecution nor the Defense had anything, so the Jury was brought in.

There were seven men and five women. Three of the women were black, and one of the men was black. The other two women and six men were white; there were no Hispanics, Asians, Klingons or Vulcans on this Jury. The six alternates were all men, three white and three black.

The gallery was packed full, almost exclusively by reporters. Sergeant McCombs didn't have any family that anyone knew of, and the Sheriff had put out an order that no one employed by the Town & County Public Safety Department were allowed to attend, save the Bailiffs and employees working there, of course.

McCombs was wearing a civilian suit and tie as he sat at the Defense table, seemingly not really interested in what was going on around him. He would be the last to stand for the entrances and exits of the Judge and the Jury, and the first to sit back down.

Lt. Commander Teresa Croyle and I made a point to show up five minutes before 9:00am, which infuriated D.A. Miriam Walters. But she did not say a word to either of us.

During a recess, Paulina came in and talked to us. "You two will be the last of the Police Officers I call. With any luck, that'll be before the end of the day, but you know how Gwen Munson is. I don't know these Union lawyers, so I don't know what games they'll play, either."

"How do you like the Jury?" I asked.

"To be blunt... I don't." said Paulina. "Watts rode us hard; he wanted that Jury seated before we went home yesterday. He denied several of my attempts to strike for cause, but he also denied several of theirs. So we ran out of strikes pretty quickly, as did they."

"What does that mean for the trial?" Teresa asked me as Paulina was called back into the Courtroom.

"It means that a potential juror that has pre-conceived notions could have gotten through instead of being struck." I replied. "And that makes the potential for a hung jury much more likely..."

* * * * * * * * * * * * * *

(Note: Not every question nor answer is shown here, just the pertinent ones. And for the sake of brevity (I know, too late), some questions are combined, and would not be allowed in a real Courtroom...)

After opening statements. Paulina began slowly and methodically building her case, while at the same time trying to close any loophole the Defense might try to exploit.

First, she had the two 9-1-1 calls of the alleged abductions played, and attempted to enter the affidavits of the 9-1-1 operators into the record. Gwen Munson immediately objected to that. "We are not being afforded the opportunity to cross-examine those 9-1-1 dispatchers, Your Honor."

"Did Prosecution provide you a copy of these affidavits?" asked Judge Watts. Munson said they had. "And you didn't subpoena the dispatchers yourselves?"

"We tried, Your Honor," tried Munson, "but you disallowed it." Judge Watts was having none of it.

"Approach the Bench." Judge Watts said. When the lawyers got to the Bench, Watts hissed "You just barely fouled off a third strike, Counselor Munson. I told you I am not having these games. You've had time to petition me to put those witnesses on the list, and you should've said something about the affidavits a long time ago, if you considered them to be a problem. You're objection is denied, and consider this your final warning about your antics in my Courtroom!"

Paulina called up Officer McElwane. His uniform was fairly neat, but his shoes would not have met the Airborne standard, nor the TCPD Commander's standard. She began leading him through the incidents.

"Officer McElwane," she said, "during the first situation that was called in, which you and Officer Buchannan were the first to respond to, you ordered the man with the boy to get on his knees, correct?"

"That is correct." said McElwane.

"Was your service weapon drawn?" asked Paulina. "Did you aim it at him?"

"I had drawn my weapon, but was pointing it at the ground." said McElwane. "Officer Buchannan had moved between us."

"Was that standard procedure?" asked Paulina. "To have a suspect go to his knees?"

"Yes it was." said McElwane.

"After that incident," said Paulina, "was there an announcement or other communication that suspects were not to be ordered to drop to their knees during stops?"

"There was an announcement in the Precinct roll call a few days later." said McElwane.

"I'd like to enter these affidavits into the record, Your Honor." said Paulina. "They show that the announcements were made at both Precinct roll calls, and also an email to all Officers from Lt. Commander Teresa Croyle---"

"Objection---" said Gwen Munson

"Commander Croyle is on the witness list, Your Honor." replied Paulina.

"Objection overruled." said Judge Watts. "The evidence will be entered into the record."

Paulina then said "Officer McElwane, you were at the second situation involving the alleged kidnapping incident, also?"

"Yes." said McElwane.

"Did Sergeant McCombs order the man to drop to his knees?" asked Paulina.

"I didn't hear what he said clearly." said McElwane.

"That is not what is in your Police report." said Paulina. "I'd like to enter this into evidence as Prosecution Exhibit 2, Your Honor. It is Officer McElwane's Police report."

"So entered." said the Judge.

"Officer McElwane," Paulina said, "would you please read this passage from your Police report?" McElwane was forced to read where he'd stated that McCombs had yelled at the man, and it sounded like he'd ordered the man to his knees."

"So, Officer," said Paulina, "which way is it? Why did you put in writing that the Defendant ordered the man to his knees, but now you're saying you didn't hear him clearly?"

McElwane became very unsettled, and sweat began forming on his brow. He finally said "At the time, the other Officers were saying that's what Sergeant McCombs said, and I felt like I was being pressured to agree with them."

"Did any one of them at any time actually tell you to put that into your report?" Paulina asked.

"None of the other Uniformed Officers did." said McElwane. "But later on, I was told to amend my report to include what Sergeant McCombs said, and specifically said to address those words. I didn't want any more trouble, so I just said that's what I thought he said. And he might have, but now I'm not as positively sure."

"Who told you to amend your report?" Paulina asked.

"Commander Croyle." said McElwane.

"Did she specifically tell you to put in your report that you heard that?" asked Paulina.

"She said to amend our reports to include what Sergeant McCombs said." replied McElwane, repeating himself.

Paulina moved on, saying: "Did Sergeant McCombs aim his weapon at the man?"

"Yes." said McElwane.

"Did he use the n-word when addressing the man?" asked Paulina.

"I was behind Sergeant McCombs, and couldn't really hear what he said." said McElwane. "And he and Commander Troy were yelling at each other, which added to the confusion and the tension of the moment."

Paulina: "Did Commander Troy strike the Defendant's weapon with his crowbar?"

"Yes."

"Did Commander Troy swing the crowbar upwards? Downwards? Sideways?" Paulina asked. That was 'leading the witness', but for some strange reason, the Defense lawyers did not object.

"Upwards." said McElwane. "He struck Sergeant McCombs's gun barrel from underneath."

Paulina: "Did it appear to you that Sergeant McCombs was pulling the trigger of his service weapon?"

"Objection!" called out Gwen Munson. "Calls for speculation."

"Your Honor," said Paulina, "I'm asking the witness what he himself observed."

"I'll allow it." said the Judge, to Gwen's obvious anger.

"From where I was," said McElwane, "I couldn't tell if Sergeant McCombs was in the act of pulling the trigger."

"Your witness." said Paulina.

The Union lawyer got up. "Officer, I need to be clear on this." he said. "Was it standard procedure to order a suspect to drop to his knees in a situation like this where he might have been armed?"

"Yes sir, it was." said McElwane.

"And that procedure is taught at the Police Academy?" asked the Union lawyer.

"Yes sir, it was when I went through the Academy."

"Officer," asked the lawyer, "after the first incident, did the TCPD leadership harass you about it?"

"Yes sir." said McElwane.

"How did they harass you?"

"They attempted to question me about it," said McElwane, "and I asked for a Union rep during any questioning, as is my right. Commander Troy then proceeded to pressure me into answering questions, and I again asked for a Union rep, then I told him that I was being questioned without a rep even after I'd asked for one."

"Thank you." said the lawyer. "No more questions."

"Redirect, Your Honor?" asked Paulina. Watts gave his assent. Paulina got up and said "Officer, was it ever written, specific TCPD standard procedure to order a suspect to go to his knees?"

"It was standard Police Academy procedure, and we follow those---"

"That is not what I asked you." Paulina interrupted. "I asked you if it was specific Town & County Police written standard procedure to order a man to go to his knees during a stop."

"It wasn't prohibited, until the edict came out after the first incident---" McElwane tried.

"Your Honor," said Paulina, "would you please instruct the witness to answer my direct yes-or-no question with a direct answer?"

"You heard her, Officer." growled Judge Watts. "Answer succinctly and directly."

"No, it wasn't written procedure," said McElwane, "but there are many procedures we follow that aren't written----"

"Thank you, Officer." said Paulina. "That's enough."

The Union lawyer got up and asked "So many procedures you use are not specifically written down?"

"No sir." said McElwane. "We're told to use what we learned at the Academy, unless we're specifically told something else."

"And until that email came out and the announcement was made," said the Union lawyer, "TCPD Officers were not prohibited from having suspects go to their knees, and since it was taught at the Academy, it was considered standard, is that not right?"

"Objection, calls for speculation on the part of an Officer who does not make up those regulations." said Paulina.

"Overruled." said Judge Watts.

"That is correct, sir." McElwane said.

On further redirect, Paulina asked "Officer, did Commander Troy actually ask you a question after you asked for a Union rep?"

"He kept saying he wanted to ask about certain things, and he made me watch as Officer Buchannan was being questioned----"

"Officer, I really wish you would just answer my questions instead of trying to write a novel about them." Paulina said angrily. "Did Commander Troy actually ask you any questions after you asked for a Union Rep?"

"As I said," started McElwane, "he was pressuring me to answer questions without a Rep---"

"Your Honor," said Paulina, "I'd like to ask that you hold this witness in Contempt---"

"OBJECTION, YOUR HONOR!" yelled the Union Rep most very loudly. "Prosecution is badgering the witness!"

"Mind your tone, Defense Counselor." ordered the Judge.

"Sidebar, Your Honor?"

After the discussion, in which the Defense said that that particular line of inquiry touched upon McElwane's grievance against Commander Troy, the Judge said that the Prosecution would have to find another way to address that issue... knowing as Paulina did that such a means of address would be occurring later...

* * * * * * * * * * * * * *

Officer Kevin Buchannan was called to the stand, and Paulina led him through his story.

"Did Officer McElwane point his service weapon at the man or the boy?" Paulina asked.

"Not that I ever saw." said Buchannan. "He kept it pointed at the ground."

"You did not draw your weapon, did you?" asked Paulina.

"No ma'am."

"In your Police report," Paulina asked, "you made the suggestion that the TCPD no longer demand suspects get on their knees during the initial stop, is that right?"

"Yes ma'am." said Buchannan.

"Why did you suggest that?" asked Paulina.

"It has become a point of contention between Police and the Black Community." said Buchannan. "It could have become a problem in that situation, and it wasn't necessary for the man to get on his knees. If we'd been arresting him, that might've been different."

Paulina: "Did you hear the Defendant call the man the n-word?"

"Yes ma'am." said Buchannan. "Very clearly. He yelled the word very loudly, twice."

Paulina named a date. "On that date, were you confronted in the Police locker room?" (Author's note: 'Black and Blue', Ch. 03.)

"Yes ma'am." said Buchannan.

"Is the person that accosted you in this room?" Paulina asked.

"Objection!" yelled Gwen Munson. "Relevance!"

"I'm establishing that relevance, Your Honor." said Paulina.

"The Prosecution is using an irrelevant situation to unduly prejudice opinion against my client!" Gwen Munson almost yelled.

"Overruled." said Judge Watts. "But Prosecutor, get to your point, and keep it on the straight and narrow path."

"Yes, Your Honor." Paulina said. She repeated the question to Buchannan, who identified McCombs as the man who accosted him.

"What did the Defendant say to you, Officer Buchannan?" Paulina asked.

"He called me 'boy', in the racially derogatory sense of the word," said Buchannan, "and he told me to refuse to answer any questions about the incident, the first one, without a Union Rep present. I told him I didn't need one. He threatened me, pulling rank on me, and when other Officers came over to see if everything was all right, he ordered them to leave, pulling rank on them, too."

After wrapping up, Gwen Munson bounded out of her chair. "Officer Buchannan," she said, "in that incident in the locker room, weren't you insubordinate when being addressed by Sergeant McCombs?"

"No." said Buchannan. "He came at me aggressively, especially with his words. I defended myself and stood up for myself."

"So you took up for yourself." said Munson. "So what happened after Sergeant McCombs, who does outrank you, ordered the other Officers out of the room?"

"Commander Troy came in." said Buchannan. "He told me to leave the room, and I did."

"Oh, so Commander Troy intervened." said Gwen Munson, her voice massively sardonic. "So he had to come in and rescue you?"

"He didn't have to." said Buchannan. "But he showed up, and he told me to leave. And Commander Troy does outrank me, so I left."

Munson asked next: "Did Officer McElwane violate any regulations or protocols during the first stop?"

"No, he didn't do anything wrong." said Buchannan.

"Then why did you feel the need to get between him and the man and the boy?" asked Gwen.

"To defuse the situation, and make sure it didn't get any worse." said Buchannan.

On redirect, Paulina said "You didn't attempt to get between the Defendant and the man and boy during the second incident, did you?"

"No ma'am." said Buchannan.

"Why not?" asked Paulina.

"Because I thought McCombs was going to shoot that man, and would shoot me if I got between them." said Buchannan.

"Objection!" called out Gwen Munson. "Speculation!"

"Overruled." said Judge Watts harshly. If he had not been a black man, one would've seen him blush with increasing anger...

* * * * * * * * * * * * * *

Paulina got through Corporal Hicks and Patrolman Johnson, including getting through Hicks's account of the locker room incident. Outside the Courtroom, we were told we could go to lunch at 1:00pm, and we headed to a bistro on the southside of Courthouse Square.

Teresa said "I'd sure like to know what's going on in there. I know Paulina can't talk to us about it until we've testified, but I'd like to have an idea of when they're going to call me to the stand."

I said "By observing who the witnesses are in the various witness rooms, I can see that Paulina is calling up the Officers that were at the scene, and probably you and then me will be last. Then the Defense will call Hendricks, who will perjure himself on the stand, and maybe some others. My question is if they can drag it out until Friday, which is 'Juneteenth'."

"What exactly is Juneteenth?" asked Teresa. "Is it a fake, completely made up thing, like Kwanzaa?"

"It's the anniversary day of when slavery was outlawed in one of the States; Texas, I think." I replied. "Unlike the CIA-created joke that was Kwanzaa, which the Media doesn't seem to talk about anymore, Juneteenth is a real anniversary. But I think the Media is ginning it up to rile up and agitate blacks, and keep them as angry as possible. It's June 19th, which is Friday. If they could maneuver it so that the verdict comes out that day, especially if it's an acquittal... that could be a bad, bad thing..."

Part 8 - Beetlejuice, Beetlejuice, Beetlejuice (It's Showtime...)

6:45am, Wednesday, June 17th. Paulina couldn't talk to me about the trial, but Our Sheriff met me early in the Chief's Conference Room, and it was possible that he mentioned what happened at the trial the day before, since he was not a witness and had been in attendance.

"Paulina did a good job." growled Griswold as I poured his mug full of coffee, then did the same for mine. "McElwane tried really hard to not answer her questions, and he was damn near being cited for Contempt. The Union lawyers did most of the work questioning all the Police Officers on the stand. The biggest problem is that Gwen Munson seemed to be laying groundwork to help the Union's case against you regarding the McElwane grievance."

"How did the Jury look to you, Sheriff?" I asked.

"Bored." said Griswold. "And only a few of them were taking notes at all..."

* * * * * * * * * * * * * *

"This is Bettina Wurtzburg, KXTC Channel Two News!" shouted the redheaded MILF reporterette at 7:00am, Wednesday, June 17th, from the copse of trees with the Courthouse complex in the background. "The trial of Sergeant McCombs is becoming a disaster for the Prosecution!"

Bettina began: "ADA Paulina Patterson resorted to badgering one witness, Officer McElwane, and was embarrassed by the sterling defense of Counselor Gwen Munson on other occasions. Legal experts are saying that ADA Patterson is doing so poorly that if the trial ended today, defendant Sergeant McCombs would be acquitted of all charges."

Bettina: "And it's not likely to get better for the Prosecution, as Police Lieutenant Commander Teresa Croyle and Commander Donald Troy are expected to be called to the stand, where Ms. Munson's cross-examination will expose their Police brutality and corruption. And now let's go to trusted reporter Lester Holder for more on the Black Community's plans for 'Juneteenth'. Lester!"