Disclaimer: Same as the previous 35 chapters to this story.
CHAPTER 36:
While Jamie was preparing to begin his afternoon session of trial, Danny and Joe were corralling witnesses and insuring that key figures, presently residing in facilities titled in the name of the State of New York, were brought from their upstate cells to those in New York City, where they could be transported to the courthouse, to testify on behalf of the prosecution.
When Orlando De Jesus made it known that he had some additional information for the case, Danny and Joe made a special visit to meet with him in the Tombs.
"Well well, if it isn't the bad ass himself this time. I see you brought your brother along for protection. Where's the runt this time?" Orlando asked.
Joe walked over and picked Orlando up off his chair and grabbed him by the nuts with one hand, while he held his hair with the other.
"Good news. You go bald, or impotent this way. It's your choice." Joe said.
Danny snickered. "Put him down, Orlando's going to be good people today and help us, aren't you?
"Yeah, I'm sorry, just jokin, right?" He stuttered.
Joe set him down and sat on the edge of the desk.
"I thought Jamie warned you that this is the brother not to piss off." Danny asked.
"He's the bully, I'm the real thing." Joe reminded Orlando.
"Okay Okay, I'm sorry. The reason I wanted to talk to you is that I want to make a deal." Orlando stated.
"What kind of deal Orlando, what could you have to give us?" Joe asked.
"More information than you could imagine. I can give you who fired the gun that killed Vinney Cruz, and on top of that, I can give you the name of who ordered it and why." He stated.
"And what about Santana, what would he think of you selling out?" Joe asked.
"I ain't Diablo no more, so I couldn't care less what that hijo de puta thinks." He answered.
"Ok, let's say we get you a deal, if it turns out that you killed Officer Cruz, then we just gave you a sweet pass, so that ain't going to happen. You can be sure that the DA's office will have a provision rendering the entire agreement invalid if you lie to us in anyway." Joe stated.
"Ok, hombres, here's my first offering of, what do you call it, good faith. I fired that gun, but without it and the name of the guy who was with me, you got squat. So, if you want more information, I suggest you call someone to come over with a paper that gives me full immunity." He concluded.
"I'll make the phone call." Joe stated.
"Forget the phone call. Get up to the trial and see if you can catch Erin's attention. If not, grab her at the midafternoon break which should be in 40 minutes. I'll stay here and keep Orlando company." Danny smirked.
"Joe? I don't want him to know about this." Danny warned.
"Got it." Joe said as he exited the cell.
Jamie continued to lead Carter Poole through his background, and his association with both Horatio Slade and Darnell Potter.
"Slade and I go back to my days as a New York State Senator, which was from 2006-2011, at which time I was inaugurated into my present office." Poole stated. "He was my Chief of Staff in Albany and for the beginning of my Mayoral term."
"And the circumstances surrounding Mr. Slade's departure as your Mayoral Chief of Staff? Jamie asked.
"He felt I had sold out the cause against minority oppression, by not accepting the traditional resignation of some of the department heads left over from the former administration, who by custom offer their resignations to the incoming Mayor as a formality. In some instances, those resignations are accepted, and others, not." He responded.
"Were there any particular department heads that he disagreed with you on retaining within your administration? Jamie queried.
"There were three. The Commissioner of Finance, The Commissioner on Human Rights, and the Commissioner of Police."
And what if any resolution was reached between you and Mr. Slade on these three commissioners? Jamie asked.
"None. I felt all three were doing a fine job, and that they all had impeccable records and were honest men." Poole responded.
"At that time, did Mr. Slade serve you with his notice of resignation over your retaining these commissioners?" Jamie inquired.
"Mr. Slade was willing to back down at the time on two of them, if I immediately and publicly fired the third." Poole answered.
"And which commissioner would that be? Jamie asked.
"The Commissioner of Police. Your father." Poole answered.
"Objection your honor." Slade's counsel yelled as he jumped up.
"On what grounds?" The judge asked.
"Move to strike the answer as non-responsive." Counsel stated.
"I'd say it was highly responsive." The Judge noted. "If your objection is as to the last two words, I can't see the relevance as the jury already knows the relationship between ADA Jamison Reagan and Commissioner Francis Reagan, and all the other Reagans involved. Either way, your objection is overruled and your motion to strike is denied."
Carter Poole interlaced his fingers across his stomach as he leaned back with a self-congratulatory smirk, having done exactly what he had intended to. Make the jury see that this young man before him was fighting for his family as much as he was seeking justice on behalf of all those wronged.
"Please continue Mr. Reagan." The judge instructed.
"Mr. Mayor, what were the circumstances surrounding Mr. Slade's departure from your Mayoral staff." Jamie inquired.
"In the fall of 2011, there was an incident in Harlem, involving the then Reverend Potter and his church. A nine one one call was received as to a man with a gun at the church. When the officers arrived, they were denied entrance by members of the church. When they persisted in doing their duty and attempted entry, they were assaulted by being pushed down a flight of stairs and into the street. When the NYPD responded to quell the local disturbances, and to search the Church for the perpetrators of the assault on the officers, Mr. Slade demanded that I immediately remove Commissioner Reagan and replace him with a less militant individual, that would be sensitive to the minorities. When I refused to do so, he resigned his position."
Joe entered the courtroom and nodded to the judge. He flashed his shield and pointed to his sister. The judge waived him forward to the prosecution's table.
Joe sat down in the seat to Erin's right and whispered to her. "We have a big break in the case. One of the witnesses confessed to being the shooter of Vinney Cruz, and will give us more info, but he wants full immunity. Danny said do not let Jamie know of this right now. We need you or someone from your office with clout, to make this deal."
Erin nodded. "Grab Alex or Casey and get them up here to second chair Jamie. I'll go with you to see what the witness has to say."
"Got it." Joe said and left.
He returned ten minutes later with Alex who had been on her lunch break. She and Erin spoke briefly, as Jamie looked over wondering what was going on. Erin departed with Joe, and Alex took over taking notes.
By the mid-afternoon break, Jamie had solicited everything out of Carter Poole that he could, including his background with Darnell Potter, and the demands made by him as well to remove Frank Reagan from office.
Cross-Examination of the Mayor would resume in 20 minutes.
In the interim, Jamie went over to Alex. "What's going on?" He asked.
"One of the witnesses, and I don't know which one, has additional information, but wants a different deal for it. Erin went with Joe to see what the quid pro quo is." Alex said.
"So you're stuck babysitting me." He said.
"You don't look like you need much babysitting Jamie." She smiled.
"Thanks Alex." He replied, before preparing for the defense team's cross examination of hizonnor.
When Erin arrived with Joe at the Tombs, they entered the area provided for attorney/client meetings. Danny and Orlando were waiting.
"Mamacita, muy provocative." Orlando lasciviously grinned before making kissing sounds.
Joe put his hand around Orlando's throat and squeezed. "This is ADA Erin Reagan. She is our sister. You will at all times treat her with respect, and you will be a perfect gentleman in her presence, or the only immunity she will be granting today, will be mine for snuffing the life out of you, are we clear, pequeña cucaracha? Joe asked while Danny snickered and Erin shook her head.
Joe released his grip as Orlando gasped for air.
"Sorry, I didn't know man." He responded.
"Then learn some manners and start treating women with respect or one day you'll find one like our sister here, that will cut your cojones off and tie them to her rear view mirror." Danny warned. "I promise you that she can give you a beating that will leave you crying like a little girl."
"What information do you have for me Mr. De Jesus?" Erin inquired, while silently enjoying the antics of her brothers.
"I can give you the shooter of Vinney Cruz, the gun, a witness, and who organized the entire thing." He answered.
"What about the shooting of Mayor Poole?" Danny asked.
"I already told you everything on that one. That was an accident. As I told your brother here, the retard was supposed to shoot it in the air, not at anyone." He answered.
Erin looked at Joe who smacked Hector in the back of the head. "It's not nice to make fun of the disabled Mr. De Jesus." Erin admonished.
"And there was no attempt that night on the Police Commissioner?" Danny asked.
"Hell no, you don't think we want a bunch of cops like you coming down on us? You take out Frank Reagan and all hell gonna break loose man.
"That Mr. De Jesus is the one intelligent remark that you have made since my arrival." Erin responded.
Orlando provided all the information that was requested, except he held back one key piece as insurance. He didn't realize in what way that insurance would eventually pay off.
When Joe, Danny and Erin exited, they realized they had hit gold. "We'll get on confirming this. We should have an answer by tomorrow." Danny advised Erin.
"And do not let Jamie know any of this, not now." Erin advised.
"Right." They acknowledged.
The balance of the afternoon consisted of defense counsel trying to smear Carter Poole with political dirt, but it was clear to Jamie, Alex, and the jury, there was no substance to their questions or allegations. Poole sat there, like a consummate politician, allowing it to roll off his back. His last response of the day however was probably his best.
"The art of politics is one of gamesmanship and finesse. Not everyone will agree on the methods used or the goals achieved by those methods, but whether or not I was right, wrong, or indifferent in my view of the NYPD and its Commissioner, don't you think it's a little cold of your clients to put me in a wheel chair for the rest of my life, over a difference of opinion?"
The judge banged his gavel. Court would reconvene in the morning.
Jamie and Alex headed back to their offices, where Jamie would begin preparing for tomorrow. It should be an interesting day to say the least, he thought.
Erin met Jamie back at the office.
"Anything good?" He asked.
"Yes, but you're not going to like it and I may override you on this one and take this witness myself." She stated.
"Who?" He asked.
"Orlando De Jesus, what a piece of work." Erin answered.
"He didn't have much to offer when Joe and I interviewed him in prison." Jamie noted.
"Apparently, he wasn't being honest, or was intimidated to keep quiet." Erin answered.
Jamie sat back and studied his sister. "I can read your body language like a book. What aren't you telling me?" Jamie asked.
"Something that as your sister, I don't want to have to tell you." She said.
"Fine, but as my second chair, I need to know everything." He stated.
"You may want to come sit in my lap for this one, because you might want to be held afterwards." She told him.
"If I need that, I'll let you know." Jamie responded. "Spill."
"Orlando admits to being the shooter of Vinney Cruz." She stated.
Jamie just sat there and stared into space. Jamie could still hear the gunshots to this day, feel the impact as the first round hit his vest and then watched as Vinney went down, clutching at his neck and all the blood. Jamie tried to hold it in, but it kept flowing out with each heartbeat until Vinney told Jamie, that it would be okay, and died in his arms.
"Jamie? Jamison?" Erin asked again.
"Hmm, sorry, flashbacks." He admitted.
Are you going to be alright? She concernedly asked.
"Yeah. I'm good." He responded.
"He also names Potter as the one who paid him $25,000 to shoot at any cops who came into the quad.
"Potter paid him directly?" Jamie asked.
"Yes." Erin answered.
"Usually that was Dexter St. John's job. Was Potter running some other scam here?" Jamie inquired.
"I don't think so, why, what are you thinking?" She asked.
"You don't want to know, but it makes sense." He replied.
"What does?" She asked.
"Let me see the terms of the deal." He stated.
Jamie read the terms and insured he was correct as to what they stated.
"Make the deal. Get it signed off on immediately. I'll put him on tomorrow afternoon." Jamie smiled.
"Jamie, what's this all about?" Erin asked.
"If I'm right, this is the crux of the case."
The deal was made and approved by Orlando De Jesus, and his public defender.
He was escorted, in chains, by Joe and Danny to a remote location in the Bronx, where inside a dilapidated building, Danny removed some loose stonework, and found wrapped in a sheet of plastic, the .357 magnum pistol, that killed Officer Vinney Cruz, and a had almost cost him his baby brother.
In the meantime, Baker and her temporary partner had picked up one Rafael Martinez, who upon being named by Orlando as his accomplice, was arrested and brought in for questioning.
Joe took the pistol over the ballistics to get a test run on it, while Gormley had another set of detectives finding out the answer to one very special question.
Erin cancelled on Kip that night, as she and Jamie remained at the office until 10:00 p.m. finishing up their trial preparation for the next day, and the following Monday.
She went home to an empty condo, as Jack was out with his girlfriend, and Nicky remained at Frank's through Saturday, as this would give Erin some time to decompress from the stress of last night's episode.
There was a piece of this case that was heading somewhere dark and she couldn't quite put her finger on it, but that Jamie had figured it out, and he had pocketed that piece, as he used to do as a child, so that nobody but he could complete the puzzle.
Danny and Joe were out making final evidence and witness pickups, so Jamie knew where this was leading, but why not share it with her?
At 9:00 the following morning, Jamie stood up and called his next witness.
The big man slowly walked forward, took the oath, and sat in the witness chair.
"Please state your name, employer, and occupation for the record." Jamie asked.
The big man looked at him and nodded. "Francis Xavier Reagan, The City of New York, Commissioner of Police." He responded.
"For the record, as the jury has been previously instructed, you, myself and ADA Erin Reagan share the same last name." Jamie asked
"I would hope so as she is my only daughter, and you are the youngest of my three sons." Frank stated with pride."
"Commissioner Reagan, please state your background with the New York City Police Department." Jamie stated.
"I served as a United States Marine from 1968 through 1974. Upon my discharge, I enrolled in the NYPD's academy and worked my way up over the next 33 years to the rank of Chief of the Department. In 2007, the previous Mayor had asked my predecessor to resign, and I was asked to take his place." Frank succinctly stated.
"Your family has a history of serving this city, does it not?" Jamie asked.
"Objection, relevance." Slade's attorney yelled out.
"Overruled, please answer Commissioner Reagan." The judge replied.
"Yes, it does." Frank responded.
"In fact, your father held the same office you presently occupy, and had also served as Chief of the Department, is that correct?" Jamie asked.
"That is correct." Frank replied.
"Objection." "Is this a Reagan family history lesson here or is there a point to this witness's presence, other than for Detective Reagan to impress his father?" Potter's attorney inquired.
"Overruled, and you are in contempt of my earlier warning. That last remark just cost you $1,000, due payable by end of business today." The judge lashed out.
"Please continue Mr. Reagan." The Judge stated.
"Commissioner, if you'd please continue." Jamie requested.
"My grandfather, and late father-in-law were also New York City Police officers, and my three sons are all New York City Police Detectives." He concluded.
"Thank you Commissioner." Jamie stated.
"I also had a brother-in-law who was a captain in the Fire Department, sort of the family outcast." Frank concluded to the muffled laughter of the courtroom.
"Commissioner, is there a policing policy known as 'The Broken Windows Theory'?" Jamie inquired.
"Yes, there is. It was instituted by a previous commissioner." Frank answered.
"Please inform us as to what that theory is." Jamie requested.
"It is a criminological theory of the norm-setting and signaling effect of urban disorder and vandalism on additional crime and anti-social behavior. The theory states that maintaining and monitoring urban environments in a well-ordered condition may stop further vandalism and escalation into more serious crime." He answered.
"Is there a program that measures the success rate of the associated policing that would serve to support the Broken Window's Theory?" Jamie inquired.
"Yes, that program is called CompStat."
"Please elaborate." Jamie stated.
"CompStat is the name given to the New York City Police Department's accountability process, and is a management philosophy, or organizational management tool for police departments, and is a multilayered dynamic approach to crime reduction, quality of life improvement, and personnel and resource management. "
"CompStat employs Geographic Information Systems and was intended to map crime and identify problems. In weekly meetings, ranking NYPD executives meet with local precinct commanders from one of the eight patrol boroughs in New York City to discuss the problems, and devise strategies and tactics to solve problems, reduce crime, and ultimately improve quality of life in their assigned area." Frank concluded.
"What is the effectiveness rate of these two policies, in reducing crime in New York City?" Jamie inquired.
"That Mr. Reagan, varies upon the accuracy and veracity of the data provided by each precinct. Unfortunately, there have been periods over the past 20 years since the introduction of both Broken Windows and CompStat, where due to the political pressures of the time, the books were cooked to either report felonies as misdemeanors, and misdemeanors as civil infractions, or, at other times, simply not reported at all." Frank answered before taking a drink of water, after which he continued.
"Where CompStat at one time received information from only the eight borough commands, now it receives information inputted from the transit police, highway patrol, and all other NYPD commands, sub commands, and even at times as received from the FDNY, FBI, Homeland Security, and the United States Secret Service."
"Overall, it's a fairly accurate system and when the correct information is inputted, in conjunction with Broken Windows, it permits the NYPD to devote specific attention to where incidents have spiked, or have exceeded, what we believe are within the range of tolerance in a large city." He concluded.
"How does the NYPD determine what are acceptable levels?" Jamie asked.
"Ideally, it would be acceptable if there were no crime at all, but that is not a practical or achievable goal. Therefore, we measure the number of felonies, misdemeanors and civil infractions against other large U.S. cities, and determine in what categories we are exceeding our peers. Do we have more assaults, or car jacking's, or murders, or simply more J-walkers because of all the tourists?" Frank smiled.
"In a perfect world, we would be able to anticipate all crime and eradicate it before, or in conjunction with its occurrence, and modern technology is helping with that." Frank smiled.
"Here is an example that everyone can relate to, and I am telling this story as a father, not as the Commissioner of Police, but it serves to make a pertinent point." Frank addressed the judge.
"Please continue." The judge stated.
Frank looked over at Erin, before addressing the Jury.
"When my daughter was 13 years old, she had three brothers, ages 15, 10, and 5, and hardly a day went by when she wasn't complaining to her mother or me, that one of them had done something to her, or her property, whether it was short sheeting her bed, or hiding her dolls, or snooping in her journal. Her mother and I knew that the odds were nearly 100%, that our five year old, Mr. Reagan here, was innocent, because of his youthful age and that he adored his older sister, and would never do anything to hurt her, so that narrowed down the suspects. Today, we would install hidden cameras in her room, and we'd have the culprit on tape. In those days, we obtained fingerprints from the affected items, and matched them to suspects, who in 95% of the incidents was her eldest brother, and in the remaining cases, her 10 year old brother. Now, while we pretty much knew the 15 year old was always the one who did it, and we knew that he would strike again, we had to wait until he did, and then prove it, before we could punish him."
"Today, we would wait until he entered her room, a crime in itself, and then as he began executing his nefarious deed, we would be able to apprehend him and immediately impose punishment as he would be caught in the act."
"Either way, with CompStat, my daughter's bedroom would be a high target area for vandalism and breaking and entering complaints, and would be accordingly monitored.
"CompStat and Broken Windows do not take into account rates of recidivism, desperation, and other factors where some crimes are those of survival, rather than for personal gain or profit.
"So with your oldest son, once he outgrew this behavior, your daughter's bedroom would no longer be considered by Compstat to be a high target area for crime." Jamie asked.
"Yes. Once he outgrew being an adolescent delinquent, he became a decorated Marine, and presently is one of this city's finest police detectives." Frank concluded.
Erin was smiling at her father, remembering all those years back and every incident he spoke of, though she disagreed on his assessment as to whether or not Danny remained a delinquent.
"Is it possible to manipulate CompStat to inflate the appearance of crime where it normally would not exist, or at levels that had previously not exceeded the acceptable rate?" Jamie asked.
Frank was stunned, for he had never considered that. "Yes, it would be. If the hypothetical which you posit is true, then like any other response to, and report thereafter, the incident or incidents, would become part of the system's total intake, and recommendations would be made based upon that data." Frank responded. "So to answer your question, yes, CompStat can be manipulated."
"What would the NYPD's response be to a spike in such incidents, particularly in what was previously a reasonably low crime rate area?" Jamie asked.
"Resources of the department would be appropriately allocated to deter, and respond to such a purported increase in reported or observed criminal activity." Frank answered.
"Would additional patrol units be put into the area?" Jamie queried.
"Yes, that and in some instances, increased foot patrol, as well as undercover officers." Frank responded.
Jamie next led his father through some of the incidents, and was now at the point where he and Renzulli responded to the church.
"Commissioner, did there come to be an incident where the NYPD responded to a nine one one call in the area of W. 116th Street and Lenox Avenue, on or about September 20, 2011?"
"Yes, there was a report of a man with a firearm at that location, to which a unit was dispatched and did respond." Frank answered.
"Please inform the jury as to what was then located at W. 116th Street on that day." Jamie inquired.
"On September 20, 2011, W. 116th Street was the location of then Reverend Darnell Potter's church.
"The same Darnell Potter who sits at the defense table?" Jamie queried.
"Yes." Frank answered.
"And subsequent to the response of that unit, did a further incident ensue?" Jamie asked.
"Yes, the officers involved attempted to enter the church to respond to the felony in progress. Members of the church denied their entry. When they further attempted to gain entry, they were pushed down a flight of marble stairs. Once outside on the public sidewalk, the officers were further assaulted and pushed by church staff until additional units responded, restrained, and arrested most of the participants." Frank replied.
Jamie walked him through the rest of the incident, including the hiding of the two men responsible for pushing he and Renzulli down the stairs, and how Danny had solved of the bogus nine one one call, revealing that Potter had staged the entire event in order to provoke the NYPD into responding with the use of excessive force, to justify Potter's claim that a new Police Commissioner was the only acceptable solution, so as to tone down the policing activities of the department in areas where Potter engaged in his illegal drug, arms, and prostitution activities.
"Finally Sir, do you recall the names of the officers who were shoved down the stairs and received injuries pursuant to the conduct of Mr. Potter's employees?" Jamie asked.
Frank smiled. "Sgt. Anthony Renzulli, of the 12th Precinct, received a fractured skull. Fortunately, his partner received only minor cuts and bruises, and was able to pull Sgt. Renzulli away from the church members who maintained a threatening stance."
"And the name of Sgt. Renzuilli's partner?" Jamie inquired.
"The titles have change from time to time since that date, but in September 2011, it was Police Officer Jamison Christopher Reagan." Frank stated, looking squarely at Darnell Potter.
"At this point, we'll take our mid-morning recess." The judge announced.
Frank walked over to the prosecution's table from which Erin and Jamie looked up.
"Jamie, are you taking this somewhere that you haven't discussed with your sister, your brothers, or with me?" Frank asked.
"Yes, but I don't want to say anything until I have another piece of the puzzle in place, because if I'm right, you aren't going to like it. Nobody is."
In the meantime, Jamie had taken Danny and Joe partially into his confidence and had sent them off with Baker on a particular fact finding mission. If they brought him the evidence he suspected they would, then this entire trial was about to take a major twist, as the puzzle began coming into focus.
After the break ended, Jamie resumed his questioning of his father regarding both the Bitterman Projects and the Town Hall Meeting shooting.
Frank explained that the arrest of the Los Lordes criminal enterprise was a very precise operation intended to apprehend those responsible for terrorizing the residents of that community, and such persons who were charged with participating in the shooting of Officer Cruz and Mayor Carter Poole, and that the NYPD exercised very careful restraint so as to not storm troop, or to violate the rights and dignity of the remaining residents.
Jamie concluded with the death of Officer Vinney Cruz.
"Officer Cruz and his partner responded to a female who claimed her purse had been stolen from her. They chased the perpetrator, who they observed fleeing the scene, into the Bitterman Projects. They arrived in the center of the courtyard, which was completely devoid of any people. Officer Cruz's partner believed they were led into an ambush. Without provocation, as they were about to commence their retreat, they were fired on by a sniper or snipers positioned on the roof opposite their location. Officer Cruz's partner was hit first in the chest, and protected by his department issued protective vest. Officer Cruz was hit in the neck by a round which ricocheted off the concrete, and died in his partner's arms." Frank stated, but as he did something clicked in the back of his mind, but he didn't have the time to process that thought as Jamie had already asked his next question.
"For the record, please identify Officer Cruz's partner."
"Officer Jamison Christopher Reagan." Frank responded, and then it hit him, and he knew what Jamie was driving at.
Finally, they covered the Blue Templar incident which took up the rest of the morning.
Jamie's final two questions of the session brought home the theme of his examination.
"Please state the name of the detective who was believed to have been murdered by the Templar, on the night of May 15, 2009." Jamie asked.
"Detective Joseph Conor Reagan, my middle son." Frank responded.
"And the name of the officer who the Templar attempted to assassinate on March 14, 2011?"
"Officer Jamison Christopher Reagan." Frank stated.
"I have no further questions for Commissioner Reagan." Jamie advised the judge.
"We'll break for lunch and resume at 1:30 p.m. for cross examination of the witness." The judge stated.
Frank walked over to Jamie and Erin. "You two, Erin's office, right now." He stated.
Erin looked at her baby brother. "What in the hell have you gotten us into Jamison?" She angrily asked.
Jamie smiled. "He knows which piece of the puzzle I snuck into my pocket. Now I just hope I don't have to swallow it."
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