Consequences Ch. 02

"But you did swing that crowbar and hit his gun." said the lawyer. "My question, and my point, is this: what made you decide to swing that crowbar at his weapon?"

"He was pointing it at an unarmed man, saying he was going to shoot, and counting down. I took him at his word." I said, repeating my earlier answer. "Even if he had not have fired the weapon, I acted to force the weapon to be pointed in a direction other than the victim, his minor son, nor anyone else."

"Didn't that endanger the lives of your other Officers?" asked the Union lawyer. "If that man had been armed, he could've pulled out his gun and shot any number of you!"

"The incident, at least the part involving the man, his son, and two of the Officers present," I said, "was a repeat of the earlier incident. And the other Officers at the scene stated in their reports that he never made any move suggesting he might be armed. And as it turned out... he wasn't."

"Speaking of other Officers's reports," said the Union lawyer, "Officer McElwane has testified that he was pressured to put into his report that my client used the n-word. Did you issue those orders, and did you pressure Officer McElwane to put a preconceived story into his report?"

"I did not directly issue the orders," I said, "and I definitely did not tell anyone specifically what words to put in their reports."

"Commander Troy," said the Union lawyer, trying to make his voice sound serious and important, "did you attempt to question Officer McElwane about the first incident after he asked for Union representation at any such questioning?"

"Objection." said Paulina. "Relevance. And Commander Troy is not on trial, here."

"Overruled, for now." said Judge Watts. "You may answer the question, Commander."

"I did not ask Officer McElwane any questions at all after he asked for a Rep... as you know." I replied.

"I know no such thing." said the lawyer. "Commander Troy did you pressure Officer McElwane to answer questions?"

"I explained that we were not trying to entrap him with any questions." I said. "I could have----"

"Yes or no will suffice, Commander." said the lawyer, trying to cut it short. "No more questions."

"Re-direct, Your Honor?" Paulina asked. Judge Watts assented, and Paulina got up and said "Just to clarify, you did not ask Officer McElwane any questions after he asked for a Union Rep, is that correct?"

"That is correct." I said.

"So him saying you did is factually incorrect." said Paulina.

"Objection." said Gwen Munson. "That's the Prosecutor's opinion, and not a question nor statement of fact."

"I'll restate." Paulina said. "Commander, could you have ordered Officer McElwane to answer questions about that first incident?"

"Yes, I could have." I said. "And at that point he could've taken the Fifth. But as I said, I respected his request for a Union rep and did not ask him any further questions."

"No more questions." Paulina said.

"Re-cross?" asked the Union lawyer.

"Approach the Bench." said Judge Watts. When everyone was at the Bench, he asked "Are you going to ask further questions about divergent opinions on what 'being pressured' means?"

"I intend to ask the Commander to clarify his statements." said the Union lawyer.

"No." said Watts. "Not here, and not now. That's for your Union processes, not a trial of someone else for attempted murder. Anything else you want to re-cross on?"

The lawyer had nothing else. And to my stunned amazement, neither side asked that I be subject to recall. Not even Gwen Munson. I was free to move about the Courtroom... and out of it.

Part 9 - Lying On The Stand

Teresa and I went to the Cop Bar for lunch. The Sheriff had his various Chiefs in the back Command Room, so Teresa and I sat at a back table in the regular back room.

"I think I fucked up." she said. She recounted how the Defense lawyer had made her look bad about seeing two things at once, then said "Paulina tried to salvage it on re-direct, but I don't think it went over well with the Jury."

I said "Don't worry about it. I don't think it's going to matter."

"Why not?" Teresa asked.

I replied: "I was observing the Jury when I came in, and when I gave my demonstration of McCombs's gun being a DAO model. I can't think of any other time I've seen a Jury acting quite like this one. Most of them had all but tuned out for most of it. Almost none of them are taking notes, either. It's as if..."

"Their minds are made up already?" Teresa asked, finishing my sentence.

"More like their minds would be made up no matter what was going on." I said. "I fear that at least some of them will make their decisions on the identity politics rather than the actual facts of the case."

"So what's next?" Teresa asked.

"I think I was the last Prosecution witness, pending your possible recall." I said. "And I'm not sure who the Defense will call up... besides Hendricks. I tend to doubt they'll let McCombs take the stand in his own defense. Paulina would shred him if they did."

After a pause, I added: "There is one other thing that is bothering me. I expected a long day of legal repartée with Gwen Munson. But she asked me very few questions, and made very few objections. She even let Paulina 'lead the witness' on some of the questions, instead of objecting as she rightly could have."

"What do you think that's about?" Teresa asked.

"I don't know... wait... maybe I do." I said. "Teresa, do you have your bug-detector ink pen with you?"

"Yes sir." Teresa said.

"When you get back to your Witness Room," I said, "sweep it for bugs..."

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

As the Court session resumed, Paulina entered the Bryce incident Police report into evidence. The Union lawyer objected, but Judge Watts overruled the objection.

I was now sitting in the front row behind the Prosecutor's table, watching the proceedings. Sitting next to me was Sheriff Griswold. I had told him as we sat down to observe the Jury and also Gwen Munson.

"Call your next witness." said Judge Watts.

"The People call Lester Holder to the stand." Paulina announced. Ripples of murmurs coursed through the reporters in the gallery. Sheriff Griswold whispered to me "What's this about?" I just grinned and said nothing as Lester Holder, in one of the standard suit-and-ties he always wore on-camera, came in through the back door. He was sworn in.

"State your name and occupation for the record, please." said Paulina as she faced the reporter that had repeatedly called her daughter a 'halfbreed' on the air.

"Lester Holder. Journalist." replied Holder.

"You work for KXTC Channel Two News, Mr. Holder?" asked Paulina.

"Yes." said Holder.

"Your Honor, I'd like to replay the video footage of Officer Buchannan's dash cam." Paulina said.

"Objection." said Gwen Munson. "That's been played, and replaying it is a waste of our time."

"Not at all, Your Honor." Paulina said. "It's to refresh the Jury's memories, and also to ask the Witness specific questions.

"I'll allow it." said Judge Watts. "But get to your point quickly, Prosecutor."

The tape played, and Paulina, who was controlling the feed with a hand-held remote, paused the tape at a certain point. "Mr. Holder," she said, "that van down the street, which can be clearly seen on this video... is that a van owned or used by your employer, KXTC?"

"It's hard to see from that blurry image." Holder said, though the image was not blurry.

"Mr. Holder," said Paulina, "it's clear enough we can see the lettering on the side. So I'll ask you directly: were you in that van at the time of the incident that was occurring right then?" Holder did not reply immediately, and it was obvious (to me, anyway) that he was trying to form an answer that would not be a direct confirmation. Paulina did not let him get away with it.

"Mr. Holder, it's a yes-or-no question." Paulina said. "Were you in that van?"

"Yes." said Holder, realizing he was trapped, and that if he lied, Paulina likely had enough proof to prove he'd lied.

"Who else was in that van with you?" asked Paulina.

"My cameraman." said Holder, naming his cameraman's name.

"Why were you there?" asked Paulina. "Oh, let me be more specific: why was a KXTC van at that spot, within visible range of an Officer-cam that was recording, and where an Officer-involved incident was occurring right at that time?"

"I was told to go to that spot." said Holder.

"By whom?" Paulina asked. "Specifically, what person told you to go there?"

"I don't remember specifically." said Holder.

"Mr. Holder, either someone instructed you to go to that spot at that time," Paulina said, "or you went there of your own accord. Which was it? And if you were ordered to go there, who ordered you?"

"Objection." said Gwen Munson. "Leading the witness, and badgering the witness."

"Your Honor," said Paulina, "permission to treat this witness as hostile?"

"Objection!" Gwen Munson cried out.

"Your objection is overruled." said Watts. "Yes, Prosecutor, you may treat this witness as hostile." That allowed Paulina to 'lead the witness'.

"Mr. Holder, who is your direct boss at KXTC?" Paulina asked.

"Bettina Wurtzburg." said Holder.

"Who, besides Bettina Wurtzburg, can instruct you to go somewhere for a story, and it would be considered an order?" Paulina asked harshly.

"Burt West." said Holder.

"Did Bettina Wurtzburg order you to go to that spot?" Paulina asked.

"She didn't order me to." said Holder.

"Then who did? Or did you go of your own accord?" Paulina asked. "What I am asking is for you to tell the Jury how you got to that spot at the exact time, the exact time that a Police-involved incident was occurring?"

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

"I am going to show the relevance very soon, Your Honor." Paulina said.

"Yes, do make it 'very soon', Prosecutor." said Judge Watts. "You may answer the question."

"I don't remember exactly what was said by who." said Holder, beginning to get his wits about him. "We got a tip into the newsroom that the Police had gotten a child abduction call. There'd been a previous incident a few days before, so we went down to that same area again."

"Who called in the tip?" Paulina asked.

"I don't know," said Holder, "and if I did it would be a protected source."

"And you got that tip in time enough to get in your KXTC van and drive it to that spot," Paulina said, "and you got there even before some of the Officers at the scene did, after they got the actual call? That is a mighty fast time window, isn't it?"

"Objection!" called out Gwen Munson.

"Withdrawn." Paulina said. "No more questions."

"Move to strike, Your Honor." said Gwen Munson.

"Bailiff," said Judge Watts, seeing what was coming, "escort the Jury out, please. I'll see Council in Chambers..."

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

"I still don't get it." whispered Griswold, the only person I knew who could make a whisper sound like a full growl. "At least I don't see how this is going to show that McCombs attempted to murder that man."

"It's attempting to show that that second incident was a ginned-up setup." I whispered in reply. "We were hoping Penis Holder would be forced to admit the Media knew what was coming."

"But he weaseled out of it, if you ask me." said Griswold. "That might negatively impact the Jury, you know."

"I don't think that's going to matter, Sheriff." I replied. "As you know, I'm pretty good at observing... and I don't like what I'm observing about this Jury..."

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

"Your Honor," said Gwen Munson as Judge Watts settled into his chair in his Chambers, "the Prosecution has shown no relevance for any of Mr. Holder's testimony. I ask that all of it be struck from the record and the Jury to be instructed." By that she meant for the Jury to be told they did not hear what they thought they heard.

"I intend to show the relevance, Your Honor." said Paulina. "I'm showing that the Media was aware of the second incident before it occurred, and had a van there to record it. And that's part of showing that there were two such incidents, the second of which the Defendant was at, and used the n-word while threatening the victim and his minor son. And that's to show intent, and why the attempted murder charge rises to that status."

"I get that." said Watts.

"With respect, Your Honor, I don't." said the Union lawyer. "The Prosecution said nothing of that in her opening statement, and hasn't built up to it in any way. And therefore, my co-Counsel is correct in that the entirety of Mr. Holder's testimony is irrelevant to my client's case."

Judge Watts leaned back in his chair and thought about it, then said "I'm going to do both sides a favor, here. I'm not going to strike Holder's testimony. Defense, you can begin your cross-examination of him when we resume..."

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

"Mr. Holder," Gwen Munson said in her sweetest, friendliest, most reassuring voice, "you received a tip about an incident at that location, and you went there, correct?"

"Yes ma'am." Holder said, as respectfully as he could make his voice sound. I found the lovefest revolting.

"And the Press receives tips like that all the time, yes?" Munson asked.

"Yes." said Holder.

"So, nothing out of the ordinary about this particular tip?"

"No ma'am." said Holder.

"No more questions, Your Honor." said Munson. Judge Watts looked at Paulina, who was looking downcast. She just shook her head, indicating that she had no further questions.

"Next witness." said the Judge.

Paulina got up and addressed the Court: "We wish to recall Commander Croyle tomorrow, so the People will not rest until then, Your Honor. But we have no more witnesses at this time."

"Objection." said Gwen Munson. "The Prosecution should rest if they are finished presenting their case."

"I'm not playing those games with you, Counselor." said Judge Watts. "That's another pitch you just fouled off. Begin presenting your defense."

"The Defense calls Officer Justin Hendricks to the stand." Gwen Munson said.

Hendricks came in the back door. He was not wearing a formal Police uniform that would include a jacket. His dark blue uniform was not pressed and looked slovenly on his overweight, pear-shaped body. His shoes were not shined to any standard at all. His 'gig line', where his belt lined up with his pants zipper and the buttons of the shirt, was not straight at all. He'd shaved, but his hair was unkempt. I'm not sure who was more offended: me, or Sheriff Griswold.

Officer Hendricks ambled to the Witness chair, was sworn in, and sat down. The Defense attorneys did not bother to have his record read aloud, and I could not blame them; it was not a good record at all. The Union lawyer began the questioning.

"Let's first talk about the locker room incident." said the lawyer, naming the date. After leading Hendricks through what he (Hendricks) was doing, the lawyer said "Was Officer Buchannan insubordinate to Sergeant McCombs?"

"Yes." said Hendricks.

"How so?"

"Officer Buchannan spoke disrespectfully to Sergeant McCombs," said Hendricks, "and confronted him physically in what looked to me to be a threatening manner."

"Let's talk about the incident with the man and the boy." said the lawyer. "You came up to the scene of the incident with the Defendant?"

"Yes sir." said Hendricks dispassionately.

"What was going on when you arrived?"

"Objection." said Paulina. "Leading the witness."

"Sustained." said Judge Watts.

"When you arrived," said the lawyer, "were other Officers there already?"

"We pulled up right behind Buchannan and McElwane." said Hendricks.

"Was the Defendant the first to get out of either vehicle?" asked the lawyer.

"No." said Hendricks. "Buchannan got out of his car first. But he did not move to stop the potential assailant."

"So the Defendant interdicted the suspect?" asked the lawyer.

"Yes sir." said Hendricks.

"And what were you doing at the time?"

"I was watching, with the other Officers." said Hendricks. "Sergeant McCombs was in charge, and was taking charge of the situation, so I just stayed ready to help him if he needed it."

"Did the Defendant use the n-word at any time?"

"Not that I heard." said Hendricks.

"Not at any time?" asked the lawyer.

"I did not hear him use any kind of racist language." asserted Hendricks.

"Did Sergeant McCombs order the suspect to his knees?"

"He correctly did so." said Hendricks.

"Would you explain to the Jury why that was correct?"

Hendricks said "The suspect could have been armed, and was near the minor child. Having him on his knees would immobilize him, and make it more difficult for the suspect to take the child hostage as a human shield, or run as he drew a weapon."

"Did the suspect comply with the Sergeant's legal orders?"

"Objection!" said Paulina. "The presumption that the orders were legal is in doubt."

"I'll re-state." said the Union lawyer. "Did the suspect comply with the Sergeant's orders?"

"No, he was not compliant, and refused to follow the Sergeant's orders." said Hendricks.

"In your opinion, as an experienced Police Officer," said the lawyer, "were the Sergeant's orders lawful, and/or necessary?"

"Yes, they were definitely necessary for the protection of the child and the other Officers." said Hendricks. "And at the time, I believed they were fully lawful and legitimate."

"And then Commander Troy came up in his vehicle?"

"Yes sir." said Hendricks.

"What then?"

"Commander Troy attacked Sergeant McCombs, without provocation." said Hendricks.

"Did it appear to you that the act of striking the Defendant's weapon with his crowbar cause the gun to fire?" asked the lawyer.

"Yes." said Hendricks.

"What happened next?"

"Commander Troy struck Sergeant McCombs in the face with his crowbar." said Hendricks. "Then he hit Sergeant McCombs with the crowbar again while the Sergeant was on the ground."

"What did you do then?" asked the lawyer.

"I was drawing my weapon to order Commander Troy to stop assaulting Sergeant McCombs, when I was also assaulted, by Lieutenant Commander Croyle." said Hendricks.

"No more questions." said the lawyer.

"Officer Hendricks," said Paulina as she got up, "what were the results of your last physical, particularly with regard to your hearing?"

"I don't follow." tried Hendricks.

"I think you do." said Paulina. "I'd like to enter this into evidence, Your Honor. It is Officer Hendricks's last physical, and it shows his hearing to be just fine."

"Objection----" tried the Union lawyer.

"Over-ruled!" Judge Watts said, beginning to show anger. "So entered. Continue, Prosecutor."

"So in spite of every other Officer at the scene saying or putting in their reports that they heard the Defendant use the n-word," said Paulina, "despite him shouting it, as we've seen on several Officer-cams and dashcams, you are testifying that you did not hear him say that word?"

"As I said before, I did not hear him say that word." said Hendricks.

"You just testified that you heard the Defendant order the suspect to his knees." Paulina said. "Did you hear him say that?"

"Yes."

"But not him saying the n-word?" asked Paulina.

"No." said Hendricks. "Commander Troy was shouting at Sergeant McCombs, and I couldn't clearly hear what was being said between them."

"After Commander Troy interdicted the Defendant and they were engaging in personal combat," said Paulina, "you drew your service weapon?"

"Yes." said Hendricks.

"Were you going to shoot Commander Troy?" asked Paulina.

"I was going to stop him from assaulting Sergeant McCombs." Hendricks said flatly. "If Commander Troy had not stopped, I might have shot him to stop his attack upon Sergeant McCombs." I heard murmurs behind me. I kept my face impassive, realizing some of the Jury members had looked over at me... but other Jury members had not.