Consequences Ch 03 3

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.

***

Part 11 - The Verdict (continued)

10:20am, Friday, June 19th. 'Juneteenth'.

Superior Court Judge Rodney K. Watts entered the Courtroom, sat down in his seat, and gaveled the trial into session. "Bring in the Jury." he said.

Everyone rose as the twelve members of the Jury came in and took their seats in the Jury Box. After everyone was seated, the Judge addressed the Jury.

"Ladies and gentlemen of the Jury," he said, "have you reached a verdict?"

"No, Your Honor." said the Foreman, who had stood up. "We are unable to reach a unanimous verdict."

"Members of the Jury," said Judge Watts, "it is vitally important that you strive to achieve a verdict, one way or the other. I want you to continue to deliberate, and find a path to a unanimous verdict. You have all weekend ahead of you to work on it---"

The Foreman stood and said "Your Honor, with all due respect, we are hopelessly deadlocked. Jurors on both sides are dug in, and intractable. No amount of time is going to change that."

Judge Watts nodded. "Then I have no choice but to declare a mistrial."

"Your Honor," Paulina Patterson called out, rising to her feet, "may we have the Jury polled?"

"Yes, certainly." said Judge Watts. To the Jury he said "What that means is that I'm going to ask each of you to state out loud what your final vote was, starting with the Foreman."

"Guilty... not guilty... guilty... guilty... not guilty... guilty... guilty... not guilty... not guilty... guilty... guilty... not guilty." It was a 7-5 split.

"Thank you, Your Honor." Paulina said.

"A mistrial is declared." said Judge Watts, banging his gavel. So let it be written; so let it be done.

"Your Honor," said the Union lawyer, "we ask that Sergeant McCombs be released on his own recognizance."

"Objection, Your Honor." said Paulina. "The District Attorney's Office plans to re-try the Defendant. We ask that he continue to be held without bail pending the next trial."

Judge Watts said "Defendant will be held without bail until this coming Tuesday at noon. By that time, Prosecutor, the D.A.'s Office must commit to re-trying the Defendant, or tell me he will not be re-tried. I'll consider bail or release at that time. The Jury is released with my thanks. This Court is adjourned."

He banged his gavel, then got up and left the Courtroom. The Jurors were escorted out, then McCombs was taken back to County Jail by Deputies in an unmarked black van that was armored enough that it could be used in military combat.

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

The women of '

Point Taken

' were bickering mightily when the screen was filled with the words

BREAKING NEWS

. An instant later, Bettina Wurtzburg was shown, sitting at the KXTC News Desk.

"We have breaking news in the trial of a white Police Officer accused of attempting to kill an unarmed black man!" Bettina said, trying not to smile brightly. "The Jury reported to Judge Rodney K. Watts that they were hopeless deadlocked, and Judge Watts has declared a mistrial!"

"The Jury was deadlocked with seven members voting 'guilty', and five voting 'not guilty'." continued Bettina. "Channel Two News has learned that Jury members on both sides got into verbal arguments, and Bailiffs had to intervene to prevent physical altercations!"

Bettina: "There has been no word yet from District Attorney Miriam Walters whether or not the County will try Sergeant McCombs again. The Police Union has issued a statement calling for the charges to be dropped and not re-tried, and for Sergeant McCombs to be reinstated to the Town & County Police Force with his rank, years of service, and indemnity intact."

"Once again," Bettina said, "a mistrial has been declared due to an irretrievably hung jury. We now return you to

Point Taken

, already in progress..."

Part 12 - Consequences

"They never got past the first charge." said Paulina.

It was 1:30pm, and we were in the Main Conference Room at Police Headquarters. The Sheriff, Police Chief, me, and my three Angels were joined by D.A. Miriam Walters and ADA Paulina Patterson.

Paulina said "The Foreman and one other Juror agreed to be interviewed, and the Defense lawyers were in there with us. What basically happened is that three of the black Jurors, the women, made it clear that they were going to vote 'guilty' no matter what."

"Kind of an inverse 'jury nullification'." I said.

"Exactly." said Paulina. "They said out loud that this was their chance to put away a white cop, and they were going to do it."

The Chief said "Why didn't the Foreman report that to the Judge, and have those three replaced with alternates?"

"Several reasons, Chief." said Paulina. "First, those women got three of the white men's hackles up, and they declared they would vote 'not guilty'... on

all

counts, no matter what. The arguments and accusations of racism by both groups was the shouting that the Bailiffs could hear from the hallway. And what that meant was that six of the twelve Jurors would have to be replaced, and that would use up all the alternates. And then if even one of the remaining jurors said later that they were going to vote a certain way no matter what, we were hosed."

"Second," Paulina continued, "the Foreman realized they were still deadlocked, even if there were replacements. A couple of the others, including the black man and a white woman, were voting guilty and could not be dissuaded. They said they really thought he was guilty. And one of the white men was adamant that I didn't prove the case, particularly the attempted murder charge, and he was not going to change his mind, nor his vote."

"What about the other charges?" I asked.

"Like I said, " said Paulina, "they hardly even got there. The Foreman did try to get votes on them, to see if there was any common ground anywhere. But the three black women and three white men dug in on all of the charges, just to be opposites. And there you have it."

"Well," I said, "at least we have some idea of the things we'll need to do in the next trial---"

"There's not going to

be

a 'next trial'." said Miriam Walters with alacrity... and a seeming undercurrent of hostility in her voice.

"Why not?' growled Sheriff Griswold. "Maybe we work on a reduced charge from attempted murder, but the other charges are still winnable."

Cindy Ross added "And while I hate saying this, the

optics

of trying it again are important. Otherwise the Black Community will get the impression that we're going to let a white Police Officer get away with attempting to kill an unarmed black man."

"It's an unwinnable case." said Miriam Walters. "It won't be worth the expense of another trial, not to mention the time you Officers had to take to be at the Courthouse."

Oh,

now

she's sympathetic to us having to be there, I thought to myself...

"She's right." Paulina said. "Guys, I want to try it again, also. But the vote was 7-5, not 11-1 or even 10-2. It was a clearly and badly split Jury, the Identity Politics notwithstanding. We are very likely not going to get much closer to a unanimous decision... and if we did, it's more likely to be an acquittal."

We all nodded in understanding. "So what's next?" Teresa Croyle asked.

"Legally, for us, nothing." said Miriam Walters. "The Police Union is trying to get me to charge Commander Troy for assaulting McCombs, but not only would that not fly in a trial, for the same reasons we couldn't convict McCombs, I think the Union is full of crap. Having said that, Commander, be prepared for them to come after you."

"I've

been

ready for that." I said.

"But to Commander Croyle's question," Walters continued, "I would not be surprised if the Union sues to have Sergeant McCombs restored to the Police Force."

"He's already been fired." said Chief Moynahan. "And he will not be back. We'll take it to the US Supreme Court, if necessary."

Miriam Walters said "You can also expect to hear from the US DOJ Civil Rights Division. They've been after you, anyway, but after the murder of Jocelyn Moran---"

"She was

not

murdered!" I said hotly. "She was shot while attempting to

commit

murder. Huge difference there, Ms. Walters!"

"Even so," said Walters, having physically recoiled from the strength of my words, "your legal troubles with them are just beginning. Okay, is there anything else? Otherwise, we'll be getting back to City Hall."

"I need to have a private word with Ms. Patterson, here." growled the Sheriff.

Walters looked surprised, but nodded. "That'll give me a chance to have a word with Commander Troy, if you don't mind, Commander?" she said.

"In my office." I said.

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

"Have a seat." I said as I led Miriam Walters into my office. "Coffee? Water?"

"No thank you." Miriam said as she sat down.

I filled my Airborne School mug with coffee and sat down in my comfortable 'Command Chair'. "How can I help you?" I asked as politely as I could make my voice sound.

"I have a couple of questions for you." said Walters. "First, what was that business calling Lester Holder to the stand during the trial about?"

When my dogs Buddy and Bowser see something that interests but confuses them, they will cock their little canine heads to the side as if saying 'Whaa?'. I exhibited a similar face to Miriam Walters, then asked "What do you mean?"

"Why did she even bring him to the stand and bring that up?" Miriam asked. "Did

you

have her do that?"

"I didn't 'have her do' (air quotes) anything." I replied. "She was working to make a case that the Media had advanced knowledge of what was about to happen, in order to show that McCombs's did what he did with intent, therefore showing it was indeed attempted murder."

"Which the Defense could have and would have shredded." Miriam said. "Why would McCombs have the Media there, and then commit a capital crime in front of them?"

"Why did he commit that crime in front of other Officers and on camera in the first place?" I asked. "And use the n-word while doing it?"

"The bottom line is that leads to the second thing I want to tell you." Miriam said, studiously ignoring my reply question. She straightened up in her chair a bit and said "You better get used to working with Savannah and other ADAs I'm about to hire. I'm demoting Paulina. Her incredibly poor performance in that trial is one major reason."

She was peering at me, gauging me for a reaction. Except for a slight flattening of my eyes as I peered back at her, I made no reaction. I couldn't even straighten up like she did... the 'girdle', dontcha know. It keeps me upright from the get-go.

I finally spoke: "So you put her in an impossible situation, set her up to fail, then use that to demote her? And when she's the best ADA you could ever hope to have?"

"That's a matter of opinion, and mine's the one that counts." said Walters. "The truth is that she's substandard, always has been, and

only

your extraordinary abilities as a Detective has saved her to this point. But no more. I'm demoting her."

"Don't try to use

me

to justify

your

actions." I said menacingly. "And her record of successes against a very few inevitable hiccups is the envy of every Prosecutor in the State."

"I don't agree." said Walters. "In any case, she won't be trying any more cases. She'll be assisting Savannah Fineman with legal research. And to that point, and as I've told the Chief and Sheriff, I expect full professionalism and cooperation from you and your Detectives."

I took my ink pen out of my pocket as if making a note, then put it back up... with the bug-killer 'ON'. "Since you're expecting a reply, I'll make just one small one." I said, then looked at her dead in the eye and added: "Up to now, how you've run your Office has only affected me

professionally

, and it is what it is. But what you are doing now is going to affect me...

personally.

"

"How?" spluttered Walters. I almost gaped at her in disbelief, but held my face.

"Why don't you go ask Lester Holder that." I said. "He'll be glad to tell you... with every racial slur he can think of to use." My implication was that it affected my daughter Tasha, especially if Paulina had to move away to be a Prosecutor elsewhere.

Walters connected the dots. "That's your business." she said, seemingly unmoved.

"You gave me fair warning, I gave you fair warning back." I said. "There

will

be consequences if you take your best ADA away from us."

I rose from my chair as fast as my back would permit. "In the course of this very unpleasant conversation, I'm neglecting catching up on my duties around here, so if you'll excuse me..."

Miriam stood up, her face showing anger at not only the dismissal, but at my implied threat. "I'll let you get back to your

Police

work, then." she said. "I'll find my own way out." She suited her deed to her words, and exited my office.

A few moments later, Sheriff Griswold came in. "Was it what we thought it would be?" he asked. I nodded vigorously.

"Let not your heart be troubled, Crowbar." said the Sheriff. Easy for him to say...

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

"Where have you been?" Miriam Walters said angrily as Paulina Patterson was ushered in by Walters's assistant... the formality being a sure sign of trouble. "And what did the Sheriff want to talk to you about?"

"A private, personal matter." Paulina replied.

"Personal business on work time?" Miriam sneered.

Paulina said "No, and my point is that it was a private conversation with this County's Sheriff that is going to stay that way."

"That's insubordinate." said Walters, taking the seat at the head of the conference table in front of her desk. "Sit down."

After Paulina sat down, Miriam handed her a document. "This outlines your new duties within the District Attorney's Office. You will no longer be trying cases. You will devote yourself to doing legal research for Chief ADA Fineman and assisting her on cases when and where she requires----"

"You're demoting me." Paulina said, as a statement, keeping her voice calm.

"Technically, no." said Walters. "I'm 'reassigning' you to duties more consistent with the abilities you've shown while working here... which are in my opinion substandard."

"I think you're doing this because I'm black." Paulina said. "And I'm filing a racial discrimination complaint against you."

"This has nothing to do with race." Miriam said. "It has much more to do with your piss-poor performance in the McCombs trial, as well as your overall attitude around here the last few months. And I've go the documentation to justify it."

"Oh?" Paulina shot back. "You better have. Because I'm done with your harassment of me, for whatever reason. I didn't want to think it was because of race, but now I believe it is. Franklin Washington has already filed a complaint, and will back me up on mine, as well." She got up to go, taking the document Miriam had given her with her.

"Fine, complain to H.R." said Walters. "I was going to let you keep your job, but if you file that complaint, not only will I fight you like hell over it... at the end of it, I'll fire you."

"Oh, I'm not going to H.R." said Paulina. "I'm filing it with the Inspector General's Office... oh, did I mix up my tenses?

I've already filed it.

That's why I was late getting back here and to this meeting."

"What?!" yelled Walters. "That's not proper channels!"

"It's a legitimate alternative to H.R., especially since you're an elected official in this County." Paulina replied. "But like I said, I'm done with your harassment of me." She turned and exited the office.

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

2:00pm, Friday, June 19th. As Teresa and I talked in my office about our plans to handle any trouble today or tonight, we were asked to come into the Main Conference Room. When we got there, we found Dr. Leonard R. Cordell, wearing his EMS Chief uniform, and two Paramedics, as well as Chief Moynahan.

"This is Ellen Brooks, my senior Paramedic." said Dr. Cordell. "And Kevin Randolph."

"I remember you guys." I said as I shook their hands. They were the first paramedics that had arrived at the Jackson Ripley shooting. (

Author's note: 'Time Flies', Ch. 04.

)

Dr. Cordell said "I've asked them to take the lead in planning our response to any injuries or dangerous situations they might be exposed to. I'd like for them to work with you, and Paramedic Brooks can be our liaison to you, if you don't mind."

"Not at all, sir." I said. To the paramedics I said by way of introduction: "You remember Commander Croyle? Commander, take the Paramedics on a tour of Intel, and then our Infirmary Room. Then bring them to Classroom 'E', and we'll start integrating them into our overall response plans..."

"I want to see that Intel room, too." said Dr. Cordell...

Part 13 - Fallout

4:00pm, Friday, June 19th. Normally it was shift change at the Precincts. Today, first shift was going to stay on until midnight, then second shift would augment third shift by staying on until 8:00am tomorrow morning.

We were already seeing the beginnings of unrest. Crowds of people, mostly black but with some 'straggly' whites, wearing mostly red Antifa shirts but also some black shirts and green shirts with various political slogans on them, were beginning to mass at the Jasmine club and also on the east end of Courthouse Square, in front of the Courthouse complex. So far, they were mostly standing around, chanting slogans, and did not have any weapons that our drones could see.

In retaliatory response, we the Police were already shutting down Courthouse Square. College Street, which was the southern border of the Square, was blocked off at its west end, Riverside Drive, and westbound traffic was not allowed on it for a couple of blocks east of the Square, near where First Baptist, First (and only) Presbyterian, and the Catholic Churches were. Elm Street, the Square's northern border, was already shut off to all but foot traffic, and now it was shut off from pedestrians. And Riverside Drive was still open for afternoon rush hour traffic, but would be shut down from Jefferson Avenue (south of the Square) to North Street (north of the Square) at sunset.

"When and where are they going to hit us?" I asked Teresa Croyle as we met in Classroom 'E'. Present were everyone in the TCPD whose first name was 'Sheriff', 'Chief', 'Commander', 'Captain', or 'Lieutenant'.

"We think they're waiting for sunset to begin the real violence." Teresa said. "As far as where: the group in front of the Courthouse is trying to stay there to have a foothold. But we're already massing armed-and-armored Uniformed Officers behind them on the Square, and we can surround them if and when we need to. If we do that, no one inside the circle can leave, not even the Press nor innocents that work in the area."

I said "Allow me to interrupt, here." To everyone I said "That technique is called 'kettling'. It's like a mass arrest of anyone within our perimeter. Anyone like the Press who wants to leave will have to give their name and show a photo ID, and we will photograph that ID. Any Press going into the perimeter will have their name written on a piece of tape, which will have to be displayed on their clothing."