Tribes of Time, page 19
“You will also hear testimony from several experts in their fields, that by any standards the claim of self defense is ludicrous. We will introduce DNA evidence linking the defendant to the crime. The evidence will clearly point to the fact that the defendant was present at the time of the murders because his DNA is present on the victim’s bodies. I will introduce Police testimony accreting to that fact. You will also hear testimony from a renowned Entomologist that can put the time of death at the specific time frame the defendant was in the area. You have but one choice to make, and it’s a simple choice ladies and gentlemen; and that choice is after hearing the testimony which will clearly show that the defendant willfully and intentionally killed those men on September 15, 2005. In all of the testimony you’re going to be hearing from both sides is the fact that there are living victims to this crime; and those victims are the wives, sons and daughters and other relatives of these men. Those victims need a voice and recompense; and you are that voice, let it be heard loud and clear from this courtroom. Thank you Your Honor.” Milford then took his seat at the prosecution table. Roderick gave him ample time to situate in his seat, while he scanned the faces of the jurors. It appeared Milford had hit a cord with them. Roderick then leaned over and whispered something in Michaelson’s ear; who then stood up and wheeled a 40” screen television in front of the jury gallery. Roderick didn’t get up from his seat; instead he clicked on the television with the remote. The screen came to life with a bluesy sound track, and then transitioned into images caught on film from real incidents of terrorism. The first image was of the attack of the Marine barracks in Lebanon and of the bodies lying in the rubble, then images from the Lockerbie plane crash and the Oklahoma City Federal Building bombing; plus numerous other acts of terrorism including the World Trade Center, with the images of the plane crashing into Tower Two. The last image was of a lone cross burning outside the residence of a black family after their home had been destroyed by fire the previous evening. Roderick let the images sink in before he stood to make his opening statement. Finally after he observed a juror wipe a tear from her face, he stood up and addressed the jury.
“Ladies and Gentlemen of the jury my name is Roderick Sprewell and my client is Haines Johnson.” He said while pointing back at him.
“You’ve heard testimony of how my client allegedly murdered those men by Mr. Milford. Let me ask you this, after viewing those images of acts of terrorism perpetrated against American citizens at home and abroad if you didn’t feel the urge to act to protect? When Mr. Johnson saw an act of terrorism being committed, he acted. We are not disputing that Mr. Johnson killed those men, but he killed them in an act of self defense. You may now be asking yourself how I could possibly compare the two; the World Trade Center and what Mr. Haines did. It’s very simple actually. Let me explain. My client Mr. Johnson was driving through that tranquil town as Mr. Milford so elegantly put it on his way to a conference, when he experienced unforeseeable mechanical problems. The victims or I’d rather call them what they truly are; the responsibles in this matter were savagely beating a man named Cyrus Davies, whom you will hear testimony from later. Mr. Johnson exited his vehicle to confront and save Mr. Davies from a lynching by these men. Evidence will show that Mr. Johnson was left with no other recourse but to defend Mr. Davies and himself; or end up in that unceremonious grave Mr. Milford mentioned earlier. We’re all from the south here and we know its spurious past, it’s not a question of why those men had Mr. Davies out in those woods, the question is how come they could be out in those woods without the fear of being caught in broad daylight. Our defense will provide evidence to support my client’s claim of self defense and that he couldn’t have just gone into town to report it. Some of the evidence supporting my client was developed by the prosecution; it will show a glaring atmosphere of terror that left my client with no other choice but to have done what he did to survive. When the World Trade Center was attacked by foreign born terrorist, some jumped to their own demise out of fear. On that same fateful day, high above manicured lawns a group of Americans fought to subdue a terrorist to prevent him from taking over the plane. It’s in our character as Americans to stand up against wrong; no matter the cost. Can you fault Mr. Johnson for displaying that character against homegrown terrorist? I have nothing further to say, I will let testimony and evidence equip you with enough information to make a true and just judgment.” Roderick turned to walk back to his table, but before he sat down he thanked the judge.
“Thank you Your Honor.” The judge then asked Milford if he was prepared to call his first witness.
“I am Your Honor.’
“Proceed then.” The judge advised.
“Your Honor the State would like to call Sheriff Vernon Hutchison to the stand.” The Judge responded “You May.” Vernon was ushered into the courtroom by one of the Bailiffs, and stopped just in front of the booth. He was asked to raise his right hand and place his left on the Bible.
“Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?” After being sworn in Vernon was instructed to have a seat. Vernon sat down and adjusted the microphone so he wouldn’t have to lean over to much to speak. Milford approached the witness booth.
“Good morning Sheriff Hutchison.” Milford stated
“Good morning Counselor.” Vernon replied.
“Sheriff Hutchison, could you please inform the court of your full name and profession?”
“My name is Vernon Ellsworth Hutchison and I’m the Sheriff of Cumberland County in Tennessee.”
“Can you tell the court what you were doing on the date in question, which would be September 15th of this year?”
“I was in my office when I got a call from Clara Miller, the wife of Cecil Miller. She had related she hadn’t seen her husband since he left home earlier in the day.”
“Why would that be a concern of the Sheriff, wasn’t Mr. Miller a responsible adult?” Milford posed.
“Very responsible sir, that’s why she called me, it was uncharacteristic of him to be away for so long without informing her of his whereabouts.”
“And then what did you do after her call Sheriff?” Vernon cleared his throat to clear away a piece of tobacco leaf that broke free from his cud.
“I called in my Deputies, and swore in some auxiliary Deputies to assist in a search.”
“What did that search uncover Sheriff Hutchison?” Milford pressed.
“We discovered the murdered bodies of Delbert Cutts, Cecil Miller….” Roderick interrupted before he could finish his sentence.
“Judge, I object to the testimony of this witness. It’s speculative at this time if the men were murdered.” Roderick stated. Milford then turned to the Judge and said.
“Your Honor, my witness is just explaining to the court what he discovered.” Roderick interjected again.
“At this point we only know that the men were killed, it’s speculation to say they were murdered.” The judge then opined.
“Sustained, Mr. Sprewell is correct. It’s speculative; choose another way to answer that question Sheriff Hutchison.” Milford rephrased his question.
“Sheriff Hutchison on the day in question, what did you find during your search?”
“We found the dead bodies of Delbert Cutts, Cecil Miller, Kenton Moore, Paul Bailey and the Billingsly brothers.”
“How did you come about finding them?” Milford continued.
“We conducted a grid search and discovered evidence of blood and Delbert Cutts’ vehicle. I then called for a cadaver dog to assist in the search. The dog alerted to an area that had some earthen anomalies.” Vernon said.
“After finding the suspected grave; then what did you do?” Vernon readjusted in his seat before speaking, and brought the microphone closer to him.
“I had one of my Deputies contact an Anthropologist to assist with the exhumation of the bodies.” Milford walked back to his table and flipped through a few pages of his legal pad, then looked up at Vernon indicating for him to answer the question.
“And who was that Sheriff?”
“He contacted a Dr. Janine Hearne of the University of Tennessee. I’ve worked with her on other cases.”
“How is your relationship with this Dr. Hearne?” Milford asked. He was trying to set the ground work that their relationship was not on amicable terms; thus she wouldn’t do anything to assist him in manufacturing false evidence. Again Roderick stood up to object.
“Objection, Your Honor on grounds of relevance.” Milford fired right back.
“Your honor, relevance points to the fact that Sheriff Hutchison used every measure to conduct a fair and impartial investigation.” Judge Iwamoto gave his decision.
“Objection overruled. You may precede counselor.”
“Can you answer that last question Sheriff Hutchison?”
“Everyone knows that our relationship is not friendly at all, that’s specifically why I chose her. She would give an unbiased opinion.”
“What did she discover during her investigation Sheriff?” Milford asked.
“She discovered numerous things for us. She and her team uncovered the bodies of the victims and some of the DNA linking the defendant to the bodies.” Roderick made note of Vernon’s last statement, he wanted to call him on it in cross examination.
“Do you know how she came in possession of his DNA?”
“Yes I do. The DNA was extracted from the carcasses of the insects infesting the bodies by Dr. Hearne and compared to the DNA of the defendant.” Again Roderick made notes for himself.
“What did you do after that Sheriff Hutchison?”
“I obtained a search warrant and arrested the defendant for the murders.”
“Objection, Your Honor again speculative.” Roderick blurted out.
“Sustained” Judge Iwamoto then admonished Vernon for his choice of words.
“For the purposes of this court you meant the killings, is that correct Sheriff.” Milford rephrased.
“Yes sir, for the killings.” Vernon stated. Milford said he had no more questions for the witness at this time, but reserved the right to recall him if necessary. Judge Iwamoto noted and then addressed Roderick.
“Do you have any questions for the witness counselor?”
“Yes I do Your Honor.”
“You may proceed”
“How are you today Sheriff?” Roderick asked as he approached the witness box.
“I’m better than the victims.” Vernon stated with venom in his voice.
“Your honor as evidenced by this witness’ statement, may I treat as hostile?”
“You may.” Judge Iwamoto said.
“Sheriff Hutchison, I only have a few questions for you right now; but I will be asking you more questions at a later time during this proceeding.” Roderick said. Milford glanced over at Terrance with a look of what could he be asking at a later date.
“Sheriff Hutchison other than receiving the call from Mrs. Clara Miller, how else do you know these men?”
“Ocelia is a small town and everyone there knows everyone.” Vernon responded as vaguely as he could.
“Could there be another way that you know these men, especially Cecil Miller? Milford knew exactly where Roderick was taking this line of questioning.
“Objection, Your Honor relevance?”
“I’ll hear arguments as to relevance.” Judge Iwamoto stated. Roderick started his argument first.
“Your Honor, it’s a known fact that Clara Miller is the sister of Sheriff Hutchison; thus making Cecil Miller his Brother-In-Law. Sheriff Hutchison alluded to the fact that he only knew these men as citizens of Ocelia Tennessee. It goes to credibility Your Honor.” Milford then gave his argument.
“Your Honor, the relationship to the victims has no merit for relevance. Mr. Sprewell is looking for smoke where there is no fire. Regardless of his relationship with one of the victims does not mitigate his position as Sheriff of Cumberland County.”
“Overruled” Judge Iwamoto opined.
“Will you please answer my last question Sheriff?” Roderick said as he moved closer to the witness box and placed his hand on the banister. He knew he had hit a nerve with Vernon and wanted to exploit it for the jury.
“So what if one of the victims was my Brother-In-Law, it didn’t change the way I conducted the investigation.”
“Are you sure Sheriff, you’re positive you didn’t cut any corners?” Vernon’s ears turned bright red and he couldn’t contain his anger.
“Why you uppity nig….” Milford jumped up before Vernon could finish his sentence, but the damage had been done.
“Side Bar Your Honor!” he asked.
“Both Counsels approach please” Judge Iwamoto ordered.
“Your Honor he’s badgering the witness with frivolous questions and innuendos.” Milford snapped.
“Your Honor I’m only attempting to find out if the Sheriff had ulterior motives, being as he is related to one of the victims. It’s a simple question with no hidden agenda.” Roderick said in response to Milford’s remarks.
“I’ll allow this line of questioning, but I warn you Counselor don’t cross over that line.” Judge Iwamoto warned.
“Both Counsels please step back. Let the record show that my ruling is to allow this line of questioning.” Milford walked back to his seat next to Terrance seething.
“Sheriff before we were interrupted I had asked if there was any way possible for you to have cut any corners in your investigation.”
“None whatsoever, I did everything by the book.” Vernon responded.
“Then tell me this Sheriff, how many suspects did you have prior to obtaining Mr. Johnson’s DNA, and how you came to the conclusion my client was involved.” Vernon looked over to Milford hoping for an objection; but Milford just sat there muzzled by the Judge’s ruling.
“I told you we found out through DNA.” Roderick walked over to the jury box before he asked Vernon another question. He positioned in front of an older African American juror on purpose.
“You must be some type of super investigator Sheriff. You get a lead on the suspects before the DNA was discovered and you knew exactly which area to search for the victims. Wouldn’t you say that is a little more than coincidence?”
“Objection, he’s badgering the witness.” Milford demanded “I’ll allow, continue counselor.” Judge Iwamoto stated.
“I’m waiting for your answer Sheriff.”
“I had several agencies working on this investigation, and I only went by what evidence they presented to me.”
“Did you have a psychic employed with your department Sheriff?” Milford snapped again.
“Objection!” but before the Judge could make a decision Roderick spoke up.
“Withdrawn Your Honor, I have no further questions for this witness at this time.” Roderick had planted the seed of doubt in the juror’s mind and exposed Vernon for what he was; uncredible as a witness.
“Do you have any further questions for this witness?” Judge Iwamoto asked of Milford.
“No Your Honor I do not.” Milford answered.
“The witness may step down.” In total Vernon had been on the stand for more than five hours between answering questions; and waiting to answer while Milford and Roderick dueled it out at the Judge’s side bar. Judge Iwamoto looked at his watch and said due to the late hour; court would convene the following morning at 8:00 am. He pounded his gavel to excuse the jury. While Milford and Terrance were packing up their items, Milford lit into him.
“Didn’t you prep that redneck son of a bitch, what the hell were you doing in Ocelia all this time?” Terrance did everything he could to keep his voice civil in the courtroom. He walked over and cupped the back of Milford’s elbow before he spoke.
“I’ve already told you not to speak to me in that tone before; we can go someplace else where I can beat your fucking ass. Don’t let being in Wilmington make you feel you’re immune to an ass whupping. That’s your stupid ass cousin, and if I remember right you were going to handle him.”
“I think you’re forgetting who I am Terrance.”
“I know exactly who you are Winston. You’re the little punk ass boy from Ocelia whose daddy used to fuck his own daughter.” Terrance was fired up, not just from what Milford said to him; but he could see his career swirling down the drain. He too had seen the road Roderick was paving in his questioning of Vernon, and knew it would eventually lead to his doorstep. Milford couldn’t say anything, what Terrance had said was true about his family; there was an offspring to prove it hidden away in another state.
“I didn’t mean to come at you like that Terrance, its Vernon’s testimony that’s going to kill our case with the jury. Another thing when this is over you can expect us to re-visit this conversation. You’ll be lucky if you can practice law in moot court.” Terrance was not fazed by Milford’s threat; he had already spoken with his wife about relocating out west. Both men went their separate ways when they exited the court building. Roderick and the team were already outside debating if they should eat out or stay in and prep for the next day. Milford walked by without acknowledging them, Terrance nodded a courteous acknowledgment.
