Tribes of Time, page 14
“I see that you’ve made it with your client counselor, I’m glad you’re being cooperative.” Roderick extended his hand and replied
“I wouldn’t have it any other way, this way we can avoid any unpleasantries.” The men shook hands and introduced themselves; and watched as Cyrus was being processed for samples.
“I don’t need tell you that your clients cannot leave Cumberland County at least for a few more days; let us process these samples and I’ll be in touch with you.” Roderick gave Milford his personal cell number and said to call when he knew of any developments. Milford instructed his assistant to drive the samples back to the state lab and immediately start the process to extract the DNA sequence. He also instructed him to wait there for the results and return back to Ocelia with them in hand. The assistant went back to the hotel and retrieved an overnight bag before heading to Knoxville. Milford stood in the breezeway of the station and watched Haines and the group exit the building, then get in their car to leave. He was in turmoil internally since he couldn’t do anything at the present moment to prosecute them. Milford knew the entire white population of Ocelia was looking at him to be their vindicator and he needed to secure convictions. He knew he needed to sit down with Vernon alone and get a clearer picture of what transpired before the men ended up in the bottoms. Milford walked back into Vernon’s office, closed the door behind him.
“Off the record Vernon, tell me the truth why those men were out in the bottoms. To be honest with you, those men that just walked out don’t look like the type to just kill people.”
“Here it is, Cyrus went to Del’s granary to sell seed, but Del tried to rip him off to save his bottom line. Cyrus protested and said Del still owed him money, and when Del denied owing him money Cyrus called him a liar in front of his wife and some of the other farmers.”
Milford sat quietly listening to Vernon tell his story, he already knew how the system worked; his great grandfather helped create the system along with Vernon’s.
“Afterwards Del came over to my office and asked if he could do a Coon hunt on Cyrus while he was driving home. I only gave permission to demoralize and humiliate him, not kill him. I don’t know how the other fella got involved.” Milford reasoned that the boys were doing their business when Haines happened upon them and interceded. He just couldn’t figure out how he could take out all six men alone.
“Why didn’t he just deal with Cyrus fairly, I’ve always known Cyrus to be a straight shooter?”
“How would you know that Winston, you left Ocelia right after high school and never looked back? I’ve been here since birth and I have the pulse of these nigra’s and how to keep them in check.”
“That’s where you’re wrong Vernon, you have them intimidated. How do you think I made it so far in politics? Even though I don’t live here, I bet I still know more than you do about them.”
Vernon told Milford he was full of bullshit. He opened the small personal refrigerator behind his desk and pulled out two cold beers, handed one to Milford and continued briefing him on why the men were out there. Several hours passed of the two men being self-sequestered in Vernon’s office before they emerged.
“As soon as you hear back from your assistant you better let me know, I don’t want them getting too confident that they out smarted us.” Vernon said while walking to his car to go home and nap for a while, he’d been sleeping in his office for a few days and direly needed to straighten out his back on a soft mattress.
“I’ll personally come pick you up myself.” Milford replied.
“No need for that, just call me; my dog still hates you.” Milford had kicked Vernon’s dog on his last visit because he had smelled Milford’s own dog on his clothes and tried to hump his leg.
“Get some rest cousin, you look like shit.” With that the men parted ways and each went to rest until Milford’s assistant returned to town with the results.
When Roderick’s vehicle had left the city limits Haines handed him his cell phone and told him to call Ella and let her know he’s on his way home so she wouldn’t be thinking the worse. Ella heard the house phone ring and she jumped up running towards the phone sitting on the lamp table.
“Hello, Davies residence.” She answered panting from running.
“It me Honey, we’re on our way back to the house now and should be there in about 10 minutes.”
“Sweet Jesus!” Ella replied. She was more than relieved to hear his voice on the other end of the receiver.
“Haines with you?”
“Yes he is and we’re all heading home. All they did was swab the inside of my mouth and pulled some hairs. I thought they were going to keep us this time.”
“Aw’right baby, you just hurry on home.” Ella hung up the phone and went back to the porch to await their arrival. Michaelson waited for Cyrus to hang up the phone before he spoke, he didn’t want to be rude and talk over his conversation.
“They’re ratcheting up the heat now. I’m confident they’ll be coming back soon with arrest warrants and we need to be prepared.”
“I suspect the Assistant State’s Attorney has been the only thing holding them back at this point. He’s going to be a formidable adversary, he’s no backwater Cooter.” Roderick stated. He told Haines and Cyrus to be prepared to be arrested and charged with six counts of Capital Murder. He didn’t attempt to minimize the totality of the charges.
“The state of Tennessee has the death penalty on Capital Murder and that they’re third in the nation to implement it behind Florida and Texas.”
Haines loved that about his friend, in which he laid everything out and there were no surprises with him. When they got back to the house Roderick immediately had Nilsson began preparing drafts for a Change of Venue. He felt when Haines and Cyrus were arrested; neither would be given a fair trial in Cumberland County. Roderick started researching Tennessee’s Criminal Codes via the internet and assigned Michaelson to search for some Civil Rights legislation they could use in their defense. Haines and Ella were out on the screened back porch talking about what to expect either tomorrow or the next day. Haines felt inept because he couldn’t physically help in their defense, he knew nothing of the process nor the art of practicing law. The legal team worked throughout the night, only stopping to eat dinner; but resumed shortly thereafter. Around 10:30 pm that night Milford heard pounding on his hotel room door, he walked over to the door still in a sleep stupor and snatched it open.
“This better be a fucking emergency, I just fell asleep!” he snapped at his assistant standing there holding up a manila folder.
“Better than that sir, we got the nails for their coffins.” He gleefully said. Milford snatched the envelope from his hand and turned back into his room after waving his assistant in. He read through the data and it conclusively indicated that Haines’ DNA was on two of the victims. He also saw something he did not like. It revealed that all of the dead men had Cyrus’ DNA on their knuckles; he knew what that meant and how it could be a problem down the line. He placed the reports back into the manila folder and started getting dressed.
“Let’s go get Vernon.” He said to the assistant as both men left the hotel heading to pick up Vernon.
CHAPTER 19
RECOMPENSE
T
he suburban pulled in front of Vernon’s house, and Milford exited the vehicle and walked up the pathway to the front door. He took a moment to straighten his clothes before knocking on the door. Milford used the wrought iron lion’s head knocker to rap on the door three times. Eventually he observed movement in one of the window curtains and then he heard the lock on the door being released. Vernon opened the door dressed in only boxer shorts and a wife beater tank top. Vernon swung the door open and ushered the men inside as he walked back into the kitchen.
“Let me get some coffee before you say anything.” He stated not caring if they agreed or not.
“Vernon, we have to get going on this. The reports are back and it clearly indicates Haines was present during the murders. One other thing that may be a problem; Cyrus’ DNA was also present.” Vernon poured out three cups of black coffee while listening to Milford. After taking a few sips of his coffee he responded to Milford’s statement.
“Why is that a problem that Cyrus’ DNA was found, we want to get both of the bastards.”
“It’s not that we found his DNA Vernon, it’s where we found it. His DNA was present on all of the men’s knuckles. That fact wouldn’t be lost even on the dumbest jury member that they were beating Cyrus.”
“That’s all Winston, give me a damn break! His DNA could be all over them and they wouldn’t give a shit. I’m sure everyone knew what was happening out in the bottoms, especially with those men.”
Milford encouraged Vernon to hurry and finish his coffee so they could go draft a new arrest warrant for Haines and Cyrus. The men left Vernon’s house and proceeded to his office. During the drive into town Milford called Terrance and informed him that he and Vernon were on their way into the office and he’d appreciate his assistance. When Terrance arrived at the office about thirty minutes after the phone call, the group began drafting an arrest warrant. Vernon called in his most trusted Deputies to assist with the arrests, many were on days off. After the arrest teams arrived, Milford led the charge out to the Davies farm. The vehicles turned down Cyrus’ lane and where surprised to see Cyrus, Haines and the legal team waiting for them on the front porch.
“Good Morning Sheriff, you didn’t need all of this, you could of called and we’d of gladly saved you the trouble of driving all the way out here.” Roderick said as he relinquished Cyrus and Haines into their custody. Vernon and Milford just stood there dumbfounded. Milford was trying to figure out how in the hell did they know a warrant had been issued for their arrest so soon. What he didn’t know was that a Serologist in the state lab was a friend of Michaelson’s from college, and he gave them a heads up. From there the legal team knew it was only a matter of time before Vernon came for them. Roderick was a strong believer in always firing the first volley in courtroom warfare; he believed the first shot dictates the battle. Deputy Bougalaise stepped forward and handed Roderick the arrest warrants.
“Cyrus Davies and Haines Johnson I have an arrest for your arrest, please turn around and place your hands behind your back.” Both men turned around and did as instructed. Deputy Bougalaise hand cuffed and then patted them down for weapons; then placed them in separate cruisers. Roderick pulled Milford and Terrance to the side and inquired the next step in their process.
“We’ll be heading over to the courthouse for arraignment. We’ll expect you’ll want to be present for that?” Milford said rhetorically, of course the legal team would want to be present.
“We’ll be right behind you.” With that everyone mounted up in their respective vehicles and headed into town for the arraignment of Haines and Cyrus. Ella stayed back at the farm; she detested being embroiled in this whole event and the politics of Cumberland County. She knew the whole legal system was a farce when it came to color. She felt the mantra of justice is blind only pertained to those with Teutonic features. She felt it should say if you’re brown, you’re going down. The vehicles carrying Haines and Cyrus pulled into the sally port of the Sheriff’s Office where they were processed for the warrant and then escorted over to the courthouse for arraignment. Vernon made sure to let the towns people know that he was going out to arrest Cyrus and Haines; so when they walked over to the courthouse it was through a gauntlet of jeering and seething people slinging every epithet imaginable. The arraignment took place in the courtroom of Judge Von Brugge. Haines and Cyrus were escorted into court handcuffed and shackled; they were then placed at the defendant podium where the legal team was waiting. Milford and Terrance were at the Prosecuting podium. The Bailiff entered the room and stated.
“Hear ye, hear ye! All rise please for the Honorable Judge Grotis Von Brugge.”
Everyone in the room stood until Judge Von Brugge tapped his gavel and gave permission to be seated. Before everyone was seated Milford began his argument.
“Your Honor, the State believes we have substantial enough evidence to charge and convict Mr. Cyrus Davies and Mr. Haines Johnson for the murders of Delbert Cutts, Cecil Miller, Kenton Moore; Frank and Jesse Billingsly, and Paul Bailey. We are asking for remand void of bail.” Judge Von Brugge looked over to Haines and Cyrus and asked how they pled to the charges. Roderick responded.
“Your honor my clients plead not guilty to the charges and allegations presented by my colleague Mr. Milford.” The courtroom erupted in an unintelligible uproar. Judge Von Brugge slammed his gavel down several times and yelled.
“Quiet or I’ll clear the courtroom!” the room settled down and Roderick was able to resume.
“As I was saying your Honor, my clients plead not guilty to these spurious charges and evidence will reveal their innocence.” Judge Von Brugge looked over the rim of his glasses, and then started writing something on his legal pad. Milford began speaking again.
“Your honor, based on the heinous nature of these crimes the state is asking remand without bail. Mr. Johnson is not a resident of this County and appears to be a man of substantial resources based on his quality of legal counsel.” Von Brugge looked over at Roderick to see if he had a rebuttal.
“Your Honor, to answer Mr. Milford’s statement about Mr. Johnson having substantial resources is false. He’s an academic and we’re taking this case Pro Bono. I’ve reviewed the evidence the state has, and it doesn’t conclude that my clients murdered anyone, it just shows they were present at the time of death.” Judge Von Brugge knew he couldn’t just release Haines and Cyrus because the evidence was circumstantial at best. He did the next best thing he could think of.
“I’ve heard both of your arguments. Mr. Milford, your evidence is circumstantial but enough to place the defendants at the scene of the crime. The court is not fully convinced of the severity of their involvement and will afford the defendants bail.”
The courtroom erupted again and Vernon gestured for his Deputies to fan out around the edges of the galley to prevent anyone from approaching either the Bench or the Defendant’s table. Judge Von Brugge slammed his gavel down again to regain control of his courtroom; and then resumed his dissertation.
“Mr. Sprewell, I have enough evidence to place your clients at the scene during the time of death and believe they have some complicity in the deaths. I will afford your clients bail. Bail is set at three million dollars each. Cash no bond” The courtroom exploded in a raucous uproar at the judgment of six million dollars cash bail. Milford and Terrance were patting each other on the back assured that they’d finally gotten Haines and Cyrus off the streets. Roderick raised his hand to get the Judges attention over the noise of the courtroom. Judge Von Brugge acknowledged him and gave him an opportunity to speak.
“Your Honor, where do we post bail?” the courtroom fell silent and everyone was affixed on the Judge for his response.
“Mr. Sprewell you did hear me when I said cash bail, no bond.”
“Your Honor I heard you loud and clear, and I’m asking where do we post that bail? With such a substantial amount of money I’m sure you don’t expect it to be in cash. I’m asking which banking institution can we make a wire transfer?” Judge Von Brugge was speechless. Milford interjected without being acknowledged by the Judge.
“Your Honor I object!”
“You cannot object; this is an arraignment Mr. Milford.” The judge eventually had to clear the courtroom because the gallery was getting rambunctious and he feared someone would attempt vigilante justice in his courtroom.
“Mr. Sprewell, you can have the money transferred into the Ocelia Federal Credit Union. Your clients will be remanded in the custody of the Sheriff until the funds post.”
Judge Von Brugge had his assistant look at his docket for the nearest available court date. He was informed there was an open docket two weeks out. He looked at the opposing counsel and asked if that was enough time to prepare their cases. Milford announced the dates were perfect; but Roderick said it was too soon of a date to prepare a thorough defense. The Judge had his assistant look for another date further out.
“How a months’ time Mr. Sprewell?” Judge Von Brugge asked.
“I’d prefer more time, but I can make do with that.” Judge Von Brugge dismissed everyone and returned to his chambers. Roderick walked over to Vernon and said he’d walk over to the station with them and wait for the bail to be wired. Roderick had already called his firm’s accountant and told him to be ready to transfer funds when he got the word. He didn’t expect the sum of six million dollars, but his coffers were much deeper than that. Nilsson and Michaelson had already left to go wait at the Federal Credit Union for the receipt of the transfer to bring back and post with the courthouse Bailiff. Roderick knew he didn’t intend to wait the month for the trial to begin, he was going to petition for a Change of Venue to another County, because the chances of getting an impartial jury is like purchasing a goose that lays golden eggs. The immediate focus was to get Haines and Cyrus out of the Cumberland County Jail and home. There had been stories of the jail being left unattended and prisoners taken out and lynched before trial; Roderick didn’t want Haines and Cyrus to become a part of that lore. Nilsson walked up to the teller and asked what the delay in posting the transfer of funds was; it had been over two hours since the money was wired.
“Miss, I’m curious what’s taking so long for my posting?” The teller looked back at her supervisor as to how she was to answer his query.
“Um, um these things can take some time sir.” She answered. Nilsson knew this was a delaying tactic and politely informed her that he knew.
