Intersecting Lines – The Trial

Part 17 – A Hopeless Case

In Court

Alex's viewpoint

The Defence, with nothing much else to work with, had fallen back on trying to establish the 'character' of their clients, not that it'd do them any good in the long run. So they'd called LAPD Chief William Pope to the stand to testify to the fact that he'd awarded Long Service or Good Conduct commendations to Kennedy, Powell and Di Marco over the years as the Defence attempted to suggest that he endorsed their conduct.

"So you awarded Detective Sergeant Kennedy, Detective Powell and Detective Di Marco with a number of commendations over the years they have been with the Department did you not Chief Pope?" Ling asked, getting a brisk nod from Pope.

"That is correct, Good Conduct Commendations for Powell and Di Marco and a Long Service Commendation for Kennedy"

"Good Conduct, obviously the LAPD had no issues with the fine conduct of these officers then?" Pope sat back, speaking calmly.

"There was nothing known at that time to suggest that these commendations were not deserved" Ling nodded.

"You then personally endorsed their conduct as LAPD officers did you not?" Pope shook his head; he'd easily seen where that was heading.

"I did not personally, that was the head of that section, previously Commander Di Francesco and then Commander Taylor" Ling tipped her head to regard him.

"But you signed off on them, does than not naturally include your personal endorsement?" Pope was unequivocal.

"No, the LAPD is over 10,000 officers strong, plus civilian employees, despite my best efforts I do not know each and every one of them by name, let alone their performance and character" He looked to the jury. "Recommendations are submitted by the officer's superiors, evaluated by a panel made up of serving officers and civilians and if endorsed, forwarded to me for approval"

"So you do not endorse the good conduct being demonstrated by the officers receiving commendations from you" Pope was too experienced to fall for something that obvious.

"I endorse the conduct that has been attested to by their commanding officers, I am endorsing their superior's evaluation and recommendations, not the specific officers in question"

"So you don't trust the recommendations of their superiors nor that of the review panel it would appear?" Pope shook his head.

"That is not what I am saying Ms Ling, what I'm saying is that I trust the recommending officers and the review panel to weed out those recommendations that don't stack up and forward to me the ones that do" He tipped his head to regard her. "I endorse their work, trusting that they have done their job properly" Andrea leaned over to me and spoke softly.

"So far he's thrown the officers forwarding the recommendations and the review panel under the bus, I wonder who else is equally expendable?" I turned slightly and half smiled.

"Any and every one necessary to save his worthless hide"

Andrea smiled, a little slyly, and sat back as I remembered everything I'd been told about Pope. He had been a cop once but was now a politician in uniform with an ear to the ground and a finger in the air testing the political winds; he was afraid of adverse media and adverse political reactions to anything he might be seen to do, so he was overly cautious, media-shy and moved with the prevailing political breeze to keep the Mayor's office happy. All in all not a particularly inspiring leader, his primary concern was his own political survival and hanging onto the Chief's office at any cost.

"But you trust the commanding officer, in this case Commander Taylor, do you not?" At Ling's question Pope nodded.

"I did" Ignoring the past tense Ling pressed her point.

"Then do you not trust his instincts regarding these falsely-accused officers?"

"At the time I was not given just cause to doubt Commander Taylor, something that has since changed"

"And why is that?" Pope fixed her with a level gaze and an expression that spoke volumes.

"I would have thought that was more than obvious Ms Ling, given why we're both here today" Ling took it in her stride though.

"Ah, I see, do you often change your opinions on the basis of unproven accusations?" Before he could speak she continued. "Does innocent until proven guilty not apply to your officers?"

"Of course it applies, however Commander Taylor had failed to demonstrate effective leadership of the officers under his command. That failure led to questions being raised regarding his fitness for command" I looked to Andrea and spoke softly.

"Well, there's Taylor under the bus" She smiled and replied equally softly.

"Couldn't happen to a more deserving pain in the ass"

"So do you believe these officers deserved the commendations you personally presented them with Chief Pope?" At Ling's question Pope sat there unmoved.

"Based on the information available at the time, yes" Ling nodded.

"So you endorsed the awarding of these commendations, is that correct?" Pope nodded warily.

"As I said, based on the information available at the time, yes" Ling nodded and glanced to the jury.

"I take it you found these officer's conduct more than satisfactory? I mean you did award them commendations, none of them had received adverse fitness reports; they were exemplary officers were they not?"

"At the time it appeared so, I'd been given no information to the contrary at that time"

"And that remained your position until these unwarranted charges were brought against the defendants by Commander Sharon Raydor" Pope thought about that for a moment, probably looking for how that could be interpreted, then nodded.

"Yes that is correct" Ling nodded slowly.

"Let's talk about Sharon Raydor for a moment" She turned to half-face Pope, half-towards the jury. "You recently promoted Sharon Raydor, did you not?" Pope made a wave away gesture.

"It was more a transfer than a promotion, from Force Investigation to Robbery / Homicide, there was no change in rank"

"A larger, more prestigious role is it not" Pope shook his head.

"Larger, in that it is a larger team, yes, but I would not describe it as more prestigious, Force Investigation is a critical aspect of the Department, one that acts to meet Federal mandates, as such it performs a vital function within the LAPD"

"Why did you promote Sharon Raydor into that role, leading Robbery / Homicide? She had been left in her dead-end role at Force Investigation for years; obviously she was not suitable for promotion in all those years"

"Raydor had managed the role of FID more than effectively over more than a decade, it was a role she was good at, one that not everyone aspires to"

"Yes, it must be hard finding people willing to throw their fellow officers to the wolves to salve public opinion" Pope frowned.

"I would not agree with that description" Andrea stood quickly and spoke up.

"As would I Your Honour" She looked across to the jury. "Force Investigation, as has been previously established, is called in to investigate specific acts, working to meet a federally-mandated timeframe to ascertain what had happened during an Officer Involved Shooting. As previously explained during the Defence's cross of Commander Raydor, the vast majority of OIS-involved officers are cleared and return to duty. Only a small percentage of officers are subject to censure" She looked at Ling. "I find the Defence's suggestion officers are punished to satisfy public opinion to be an insult to the integrity of the LAPD and unsupported by the facts already proven in this court" Craven barely looked our way as he ruled.

"Sustained, another tack counsellor" Ling nodded and tried again.

"As has previously been ascertained Chief Pope, Commander Raydor dragooned Deputy Chief Johnson into her…investigation did she not?"

"I would not categorise it in that way, instead Deputy Chief Johnson was asked to assist Commander Raydor with her investigation, which she did, resulting in the situation we find ourselves in today"

"Yes, we do find ourselves in a situation, don't we Chief, innocent officers accused in an effort to secure a promotion for Raydor" Pope wasn't having a bar of that.

"Innocence is for this court to determine Counsellor, not you or I" Ling nodded slowly.

"You however seemed to have made up your mind though, you relieved Commander Taylor of his job because of her accusations did you not?"

"Commander Taylor was transferred to a new role given the reputational risk that the arrest of six members of his squad entailed. It was determined that given the issues that accompanied having so many of that team arrested and charged entailed, it was better to reconstitute the team afresh"

"And you gave it to Sharon Raydor, did you not" Pope tipped his head to regard Ling.

"It was not 'given' Miss Ling. Commander Raydor was appointed on a temporary basis to head up the newly reconstituted Robbery / Homicide team.

"On a temporary basis you say?" Pope nodded as he replied.

"That is correct" Ling's right eyebrow climbed skyward as she spoke.

"Doesn't show much confidence given it's only temporary"

Los Angeles LAPD Robbery / Homicide

Her cell's ringing dragged Sharon away from her bemused viewing of the trial as she noted who was calling.

"Hi honey" Brenda didn't beat around the bush.

"What's this temporary basis rubbish?" Unconsciously I shook my head.

"I honestly have no idea, it's probably Pope trying to save his miserable skin"

"You were appointed to the role on the usual basis weren't you, same as me and the other senior officers?"

"Yes, the usual performance contract that everyone else is on, I keep the role as long as I keep doing it right, if I don't he can yank me out, the same way he did with Taylor"

"Like that's ever going to happen sweetie" I had to smile at her words and the definitive tone underpinning it, it was so nice to have someone who was so incredibly supportive, not just as a friend, but as so much more.

"I sure try hard to make sure he's got no complaints" I smiled a little. "Same as you, no complaints from you I hope?" The happiness in the reply was evident in her tone as well as her words.

"Not a one sweetie, not a one" The smile I shared with my empty office was only a pale reflection of the joy I felt inside at those words.

"Same here honey"

In Court

Pope had just finished explaining that all of the Department's senior officers, him included, were on performance-based contracts, so Sharon's was nothing special, I could see the jury's eyes glazing over which was probably Pope's intention so Ling moved on.

"Let's turn to Deputy Chief Brenda Johnson and her role in this" Ling turned to face Pope, standing where the jury could see them both. "You appointed Deputy Chief Johnson did you not?"

"That is correct"

"Was this because you had previously been involved with Chief Johnson?" Ling smiled. "Giving a helping hand to a lover?" I was about to say something but Andrea shook her head, making me sit back.

"Not at all, the role needed filling and Chief Johnson was the best candidate"

"So your previous intimate relationship had nothing to do with the decision?" Ling raised an eyebrow and smiled suggestively. "Honestly Chief?" Pope shook his head.

"The decision was made by a five person panel, I made my recommendation, as did the other members of the panel and the decision was carried four to one" Pope shrugged. "Chief Johnson's application was accompanied by very strong letters of support from the CIA, the Washington DC police and the Atlanta Police Department; she was the best, strongest and most qualified candidate, as subsequent events have proven"

"Really, so your previous illicit affair had nothing to do with it then?" Pope had obviously expected the question.

"Chief Johnson and I were very different people than we had been all those years before" He shook his head. "In fact I attended Chief Johnson's marriage several years after her arrival, and was happy to see her happy" He tipped his head to regard Ling. "We may have had a history years before, which some, including you, have tried to use against us, but our relationship has been nothing but that of professional colleagues since her arrival here in Los Angeles"

"So you expect the court to believe that your prior involvement had no bearing on the decision to appoint Brenda Johnson to a very senior role within the LAPD, over so many qualified officers of the LAPD?" Pope's face hardened, as did his voice.

"You, and the court, can believe whatever you choose to believe, but the truth of the matter is that Deputy Chief Johnson was appointed on merit by a majority of the selection panel, in spite of, not because of our history. As a Major with the Atlanta PD, Johnson was only one rank equivalent below Deputy Chief here, so it was hardly an unwarranted step up" Ling went to say something but Pope kept going. "I would have thought that her record of success since her arrival in LA would attest that in this case the decision was the right one"

"So you claim her appointment had nothing to do with keeping an ex-happy, but was a decision made on merit. How then do you explain the reputation that Chief Johnson has amassed during her time here" Pope frowned as his voice showed his annoyance.

"I do not claim her appointment was made on merit, I am stating it was. As for Chief Johnson's reputation, that depends on what you are claiming"

"That she is difficult to work with, ignores protocol and procedures, has an antagonistic relationship with her peers and has been the subject of formal reprimands and complaints"

"Chief Johnson is a highly driven individual, she is focused on closing cases, catching the perpetrators and delivering justice on behalf of the victims and closure to the victim's families" Pope shrugged. "Yes, that drive at times makes her a prickly individual, should you cross swords with her, but her record of achievement speaks for itself"

"So you let her have her way then?" Pope's mouth twisted at one side, his annoyance easily seen.

"I do not let her have her way Miss Ling, I won't lie, Chief Johnson and I have had our share of disagreements over the years, but her success rate in closing difficult cases speaks for itself"

"So you generally support her decisions" Pope thought about that for a moment.

"Not always, but generally, given I know those decisions are made with an eye to solving difficult cases"

"I note that extends to personnel decisions" Pope frowned.

"In what way are you referring to?"

"You let Chief Johnson make decisions about who will and will not be in her squad" Pope shifted position in the seat before replying.

"All the division chiefs all have that power, they need to have a team that they can work with, that can work together and deliver the results, each of the LAPD divisions are different, they all have a different modus operandi and ways of doing things, a different 'vibe' if I could put it that way"

"So Chief Johnson gets to decide who is in her team? And who is not?"

"In consultation with HR and with sign off from me, given that is one of my roles, yes" Pope stated.

"So you signed off on her demand that Commander Russel Taylor be removed from her team, to be publically humiliated"

"Commander Taylor was moved from the deputy position within Major Crimes to head up the Robbery / Homicide division, in fact a promotion" Ling shook her head.

"So it had no basis on the fact the relationship between these two senior officers had broken down"

"I was aware there was tension between them for a number of reasons, managing that tension for the betterment of the department is my job" Pope sat back. "The relationship between them had declined over recent years, rather than let if deteriorate further I appointed Commander Taylor to fill a vacancy leading Robbery / Homicide after the previous head of that team retired" He smiled blandly. "Deputy Chief Johnson endorsed that decision"

"I'm sure she did" Ling took a couple of steps away. "After all, with Commander Taylor gone she could start changing the composition of her team to better reflect her own personal tastes" Pope frowned but remained silent, waiting on Ling to continue. "You must know what I mean Chief, her decision to replace her existing, all male team, with a mostly female team" Pope shook his head.

"I believe you are misrepresenting the situation Miss Ling"

"In what way, did she not force out members of her team, male members, to replace them with female members?"

"As I understand it, the three male members of her team who left Major Crimes did so after gaining promotions, something which Chief Johnson had encouraged them to do. One Lieutenant, a Sergeant and a Detective all received promotions and moved to appropriate positions within other sections"

"And out of Major Crimes, opening their spots for females"

"Two of the officers transferred to Commander Raydor's newly reconstituted Robbery / Homicide squad, partly on the basis of strong recommendations from Deputy Chief Johnson to Commander Raydor. The Lieutenant went to a role with Special Investigations Services and has since been moved into a Captain's role there"

"Those spots were then filled by her friends were they not, women who shared her predilections as it were?" Pope shook his head.

"There were only two new people moved into Major Crimes, one male and one female officer, while an officer previously on temporary secondment to Major Crimes had transferred to the LAPD last year and, given their seniority and experience, had fronted the Promotion Board and been promoted to Sergeant, remaining within Major Crimes to fill the now vacant Sergeant slot there" I nodded slowly, Pope had obviously done his homework, mind you he'd probably expected something along these lines from the Defence.

"And this had nothing to do with her being a close friend of Chief Johnson and her lover?" Pope shrugged.

"As I understand it Miss Ling, Sergeant Rizzoli's credentials and experience have previously been established here in this court, I hardly think it bears repeating by me, I was just happy to learn that we had retained the services of an outstanding officer" Ling chewed her lip for a second then pushed on.

"Chief Johnson showed significant antipathy towards Commander Taylor, did she not? Antipathy that extended to his Robbery / Homicide team, would you not agree" Pope shook his head.

"While Taylor and Johnson had issues with each other, I was not aware of any issues with Commander Taylor's team"

"And Commander Raydor made no secret of her extreme distaste for Commander Taylor and his people either" Pope smiled.

"Commander Taylor had a difficult relationship with many of the Department's female senior officers, both officers and civilians"

"Yes, Johnson's clique of…friends…had made their dislike of Commander Taylor well known" I flicked a glance over to Craven, wondering if he'd intervene but he was sitting back calmly watching.

"I believe you will find most of the senior females in the Department had issues with Commander Taylor, mostly because Taylor had issues with them"

"And you condoned this behaviour?" Pope sat back and shook his head.

"Miss Ling, there's a saying that's appropriate here. "The one consistent thing about all of his failed professional relationships with female colleagues is him" I flicked a glance at Andrea, seeing the smile that she was desperately trying to hide as I shook my head and leaned in.

"And the wheels of the bus go thump, thump, thump, right over Taylor" At my softly spoken comment Andrea's smile appeared, bright as day.

"The street sweepers are going to be busy tonight, given everyone he's thrown under the bus so far" I couldn't help the slight chuckle at that imagery before turning my attention back to Ling who was probing for something she could use.

"But it is fair to say that Major Crimes has developed into its current form as a reflection of Chief Johnson's wishes is it not?"

"As I previously stated, each of the divisions reflects the personality and style of its commander, Major Crimes is no different in that regard than most of the other specialist divisions"

"So the fact that her division is filled with her friends, women who share her predilections, is a clear reflection of her personality"

"It could be seen that way, but I would not describe it in that manner"

"But it's obvious that she's filling her team with her fellow lesbians, her friends, you would have to agree with that description would you not"

"Chief Johnson has led major crimes for almost eight years, in that time she has become close to the members of her squad" Pope stated. "That is evidenced by her determination to have a number of her squad members promoted and transferred to more senior roles, placing their careers over her desire to continue working with them"

"And now filling their positions with her friends, hardly a good result" Pope shook his head.

"You could only make that assertion if you were to overlook the success rate of Major Crimes under Chief Johnson's leadership" Pope suddenly smiled. "Major Crimes' has an outstanding record, something that has continued in the period since the composition of her team has changed"

Los Angeles LAPD Major Crimes

Brenda snorted softly to herself as she scribbled Pope's words down, you could be damned certain that she'd be quoting his words back at him during her next performance appraisal, something she was now looking forward to as something other than an ordeal to be endured.

In Court

Pope was busy dodging Ling's attempts to pin him down.

"I do not agree with your supposition Miss Ling, Major Crimes comprises six detectives and one civilian specialist, four men and three women, led by a woman, a gender balanced number, something that many in the community continue to press for, not just in the LAPD but in all walks of life"

"And all the women are lesbians" Pope shrugged unconcernedly before replying.

"What of it? A persons choice of sexual partner is no impediment to their employment" Pope gave Ling a wintery smile. "As I am no doubt certain you are aware, a rather large set of laws on the books support that supposition Miss Ling"

"But you would have to agree that Chief Johnson has a type when it comes to choosing the new people in her squad" Pope sat back and nodded a s he replied..

"I would have to agree with you, given the quality of the detectives in her squad it is obvious that Chief Johnson has an eye for talent" Before Ling could jump in Pope continued. "I believe that Detective Sergeant Rizzoli's competence has been more than proven in this court Miss Ling…" Pope smiled cruelly; mark him down as another who wasn't part of Ling's fan club. "I believe you were cross examining her at the time" He shrugged "Her accomplishments do her great credit and the LAPD is fortunate to count her amongst our members"

Los Angeles LAPD Major Crimes

Brenda was busy scribbling down Popes comments; this morning's session was turning out to be the gift that kept on giving. All of his comments, with attribution, would be making their way into her squad's performance appraisals, don't you worry 'bout that.

In Court

Finally admitting defeat, the Defence had let Pope leave, Andrea and I had momentarily debated cross examining him, but our decision, agreed with a couple of glances, was that there was nothing to be gained from doing so, letting Craven know and watching Pope leave, his precious reputation intact.

With him gone the Defence had next called Robbery Homicide's former Commander, Robert Taylor, to the stand, trying to further establish the defendant's record and character, though given everything that had happened in the last few days I wondered why they even bothered. Trying to justify their fees maybe I guessed.

For whatever reason they'd called Taylor, he'd been non-committal, aware he was walking a tightrope, on one hand of being too supportive of accused murderers and on the other of not being in control of his team; he'd basically fallen into a pattern, denying knowing anything about anyone or anything. Cox had settled for getting Taylor to agree with his claims that all six of his former squad had been effective detectives, highlighting some of their successful cases.

As Cox headed back to his seat Craven looked our way and invited us to cross.

I rolled my eyes; not bothering to be too subtle about it either, then looked over at Andrea, keeping my voice down.

"I know he's supposed to be a monumental cretin, but did he have to prove it here?" I got an amused smile from Andrea as she replied.

"You want to destroy him?" I shook my head, as tempting as that might be...

"Nah, as I understand it he's been a complete prick to you and Mikki both so feel free to take him apart" Andrea smiled warmly at me as she stood.

"Thank you counsellor" I returned the smile with all the warmth I could as I held my fist out, it had become a little gesture we did, the media had picked up on it and they'd got into the habit of cutting to us as we did. Together with the regular coin tosses to determine who got to go next it was part of our 'act', helping show the jury, the court and the world that we were comfortable and confident in our case.

"My pleasure counsellor" Andrea stood, bumped fists with me and made her way over towards the centre of the room as Taylor watched her warily, showing some insight for the first time today.

"Commander Taylor, as I understand it you say you had no knowledge of the actions of your subordinates, is that correct?" Taylor looked affronted

"Of course not, how the hell was I supposed to know what they were doing?" Andrea smiled.

"Yes, you knew nothing of what they were doing, that appears painfully obvious" Her smile vanished and her voice sharpened. "You had no idea they were running their own investigations; that they were tracking down supposed anonymous tips, of which no record has been ever found and that they were following up on these so-called anonymous tips and that as a result your officers sitting here in this court room were gunning down innocent people?"

"Objection!" At Peterson's call Andrea smiled and nodded.

"I will rephrase" Turning to Taylor. "So you had no knowledge whatsoever that they were conducting these unsanctioned activities, which in turn led to their appearance here facing murder charges?" Taylor managed to look offended as he spoke.

"Of course I didn't" Andrea smiled, all innocence, her next words belying the innocence as she spread her hands in a 'please explain' gesture.

"Would you please tell the court why not?"

Five minutes later Andrea had made Taylor look like an oblivious fool, incompetent and ignorant of anything whatsoever. The deer in the headlights look he'd worn had amused more than just us if the barely hidden smiles of some of the jurors was any indication.

Andrea's cross examination had ended when she'd explicitly compared him "...to Sergeant Shultz from Hogan's Heroes, he sees nothing, he hears nothing, he knows nothing".

By the time she'd finished Taylor looked like he was about to wet his pants; I'd rarely seen a defence witness, let alone a senior officer, so happy to be dismissed, he'd practically fled the room in terror.

Los Angeles LAPD Media Centre

Maura and Natalie looked away from the screen in Natalie's office showing Taylor eagerly exiting the stand, a look of dark satisfaction passing between them before they both smiled smugly and turned back to the enthralling case in front of them.

Unknown to them, much the same expressions could be seen in offices across the Parker Centre belonging to the Department's senior women.

In Court

"Your Honour, the Defence case is complete" I glanced at Andrea and got a raised eyebrow in return. The Defence's attempt to burnish the character of their clients had ended with the calling of the LAPD's head of HR, Candace Morrell.

Candace had been straightforward, up front and unequivocal. No one had any inkling that the suspects were anything other than run-of-the-mill LAPD detectives, not until they'd been arrested. To that point they had appeared to be honest hard-working officers.

Peterson had tried to get her to endorse his client's character but Candace had stuck to the facts, leaving him with not much to work with. Finally Candace had departed after half an hour, the final name on the Defence's witness list.

Craven nodded and looked around the court.

"Given the hour…" It was 4.39 according to the clock on the wall. "…I will adjourn court early, the Prosecution and Defence can deliver their summations first thing tomorrow morning" He tapped his gavel. "Proceedings are now adjourned; we will reconvene at 9am sharp tomorrow" He tapped his gavel again.

"All rise" said the court officer as Craven stood, we watched him leave before I turned to Andrea and smiled.

"Home stretch now" She nodded.

"Finally, I don't know about you but I can't wait to wrap this one up" I smiled happily.

"Amen sister" As we watched the court's officers moved the suspects to a side door where they could spend tonight in holding as they awaited their fate. I hoped their night was anything but restful. I saw Liv and Mikki waiting for us at the gate separating the gallery from the court and smiled happily, then looked at Andrea.

"Let's wrap up, we can end this tomorrow" That drew a happy smile from Andrea.

"Now that counsellor is a direction I'm happy to take" With that we made our way out, looking forward to a good night's sleep and a better day tomorrow. Just before we parted, Andrea smiled. "Don't forget our little 'fuck you' to Craven tomorrow" I grinned happily.

"And miss the expression on his face, Not a chance"