Tribes of Time, page 22
“Oh no sir, he’s very responsible.”
“Then why would the Sheriff need to look for a responsible adult that hasn’t called home to check in with his wife?”
“I don’t know, you’d have to ask the Sheriff that question.” Bougalaise was getting a little perturbed by Nilsson’s line of questioning.
“What happened after Sheriff Hutchison received the call?”
“We had a short briefing and then the Sheriff assigned us areas to search. That’s when we found Mr. Cutts’ Bronco down by the sloughs.”
“Was Mr. Cutts an avid fisherman?” Nilsson asked.
“Not to my knowledge, he was more of a hunter.”
“I’ve been to this area known as the sloughs. I wouldn’t call it an area where one would hunt; it’s too close to the roadway.”
“I suppose.” Bougalaise replied.
“Have you ever heard of Coon Hunting Deputy?” Bougalaise sat straight up in his chair and tried to think fast on how he would answer that question.
“I’m sure every southern boy in here has hunted raccoons in his youth.”
“Deputy Bougalaise must I remind you that you’re under oath. Again I ask you if you’ve ever heard of the term Coon Hunting?” Bougalaise looked towards Milford expecting an objection; but Milford just nodded for him to answer the question.
“Yes I have.” He answered.
“Could you please tell the court what that is exactly?” Nilsson then walked over to the jury gallery so Bougalaise would be looking directly at them when he gave his answer.
“Coon Hunting is when white men in a group drive around looking for a black person to beat up.”
“Are there any specific reason these hunting excursions take place or are they random?” Nilsson asked.
“They’re usually made to teach someone a lesson, but the younger kids randomly pick someone out on the weekends.”
“So if a black person called a white person a liar in front of his wife; would that merit a coon hunting trip?”
“Objection, that’s speculative Your Honor.” Milford lodged in response to Nilsson’s question.
“Your Honor, how could that be speculative when I’m asking him about his personal knowledge of this activity?”
“Overruled, you may answer the question.” Judge Iwamoto opined.
“Deputy the court is waiting for your answer.” Nilsson urged.
“I’ve heard of lesser transgressions sparking a coon hunt.” He dejectedly answered.
“We’ve heard testimony here over the last couple of days about a Mr. Cyrus Davies allegedly calling Delbert Cutts a liar in front of his wife in the presence of other white people. If what you’re saying is correct, that would warrant a coon hunt; am I not right Deputy Bougalaise?”
“Yes, but……” Nilsson cut him off before he finished his sentence.
“That will suffice Deputy. My next question is do you know of an area called the playground?” By now Bougalaise had visible signs of perspiration trickling down from his hairline and he knew he had to answer these questions truthfully because he was under oath.
“Yes I do.”
“And can you tell the courts where that area is located?”
“It’s located in the sloughs.”
“Help me out with this Deputy if you will. Mr. Davies allegedly calls Delbert Cutts a liar in front of his wife, we’ve already established through earlier testimony and evidence that he is a ranking member within the Ku Klux Klan, and his vehicle was found out in an area affectionately known as the playground. As a law enforcement official, would you say in your opinion the evidence points to Delbert Cutts and the men with him were out there coon hunting?”
“Yes.” Bougalaise just hung his head and waited for the next question.
“Thank you for being honest Deputy. The second part of that question is as a law enforcement Officer; if someone injured, maimed or killed another while defending themselves against someone that was ‘Coon Hunting’ him; what would he be arrested and charged with?”
“Side Bar Your Honor!” Milford requested.
“Counsels please approach.” Judge Iwamoto ordered.
“Your Honor, Deputy Bougalaise is not an attorney and is not qualified to answer that question.” Milford stated.
“Your Honor, Deputy Bougalaise is a sworn law enforcement officer, which means he’s completed basic law in the academy. Every time an Officer makes an arrest he’s doing it based on his knowledge of his or her states criminal codes. I’m not asking him to litigate a case here, but to use reasoning he does in his duties daily”
“Mr. Milford unless you have a counter, I’ll allow the questions.” Judge Iwamoto said.
“No I don’t Your Honor.” Milford replied.
“Then step back and let’s resume testimony.” Judge Iwamoto opined.
“Deputy Bougalaise will you now answer the question.” Nilsson asked.
“It depends on the circumstances.” He replied.
“The circumstances I just presented you with Deputy.” Nilsson snapped.
“I wouldn’t arrest; it would be considered Justifiable Homicide.”
“Then why was my client arrested for six counts of Murder?” Nilsson asked as he slammed his hand down on the defense table for affect.
“That was Sheriff Hutchison’s decision, I just followed orders.”
“By your own admission you wouldn’t have arrested my client had it not been for the orders of Sheriff Hutchison. Would you say the arrest would be considered an unlawful arrest with all of the relevant facts?” Nilsson was now going in for the jugular.
“Yes I would, but at the time I didn’t think about it; as I said I was following orders from my boss.”
“Let’s talk about some of those orders Sheriff Hutchison gave to you. It was reported Dr. Hearne gave you a copy of her findings after her investigation was cut short, is that correct?”
“Yes it is.”
“Can you describe that report’s condition when she gave it to you?” Nilsson asked.
“It was bound in a clear plastic report folder with a hard black spine.”
“And whom did you give that report to Deputy?”
“I gave it directly to Sheriff Hutchison.” He replied.
“Are you sure you didn’t give it to anyone else?”
“I’m absolutely positive.”
“Deputy, could you attest here in open court that you’ve done nothing to hinder this case or embellish it by altering evidence.”
“I can say with all honesty that I’ve done nothing of the sort and would be willing to take a polygraph.”
“Objection, Your Honor Inadmissible.” Milford attested.
“Your Honor, the witness only said he would be willing to take a polygraph, the defense never asked for a test; nor were any results offered as evidence.” Nilsson related.
“Overruled.” Judge Iwamoto opined.
“Thank you, Deputy Bougalaise for your testimony.” Nilsson stated then turned to the Judge to advise he was done with this witness.
“I have no further questions Your Honor.”
“Does the Prosecution have any questions for this witness?” Judge Iwamoto asked.
“Yes we do Your Honor.” Milford stated as he stood up to face Deputy Bougalaise.
“It’s been a long afternoon hasn’t it Deputy Bougalaise.” Milford asked trying to present a folksy tone with Bougalaise so the jury could see him in another light.
“That it has been Sir.” Bougalaise responded with a smile of relief; he knew Milford wouldn’t hammer him like Nilsson had.
“I won’t take up too much more of your time; I just want to get clarification on some of your answers for the court.”
“In your answer about this alleged practice of Coon Hunting, have you personal knowledge of any of the victims participating in such activity?” Bougalaise looked up at the Judge, then back at Milford. The apprehension in Bougalaise’ demeanor was even evident to Judge Iwamoto.
“May I remind you that you’re still under oath Deputy Bougalaise?” The Judge warned.
“Yes I have personal knowledge of them coon hunting.”
“Move to strike Your Honor.” Milford asked.
“Counselor it was your question that he answered, you can’t strike his testimony because you didn’t agree with the answer. The response remains part of court testimony.” Judge Iwamoto ordered. Milford decided he’d better stop before he opened up a meacopa for the defense.
“I have no further questions for this witness Your Honor.” Milford said in resignation.
“The witness may step down.” Judge Iwamoto ordered. When Milford returned to the Prosecution table, he leaned over and whispered in Terrance’s ear.
“Did you prep him like you were asked to do prior to this trial?” He asked.
“Yes I did, and he was prepared.” Terrance replied.
“Really, was he? From what we both heard he was nowhere near prepared and he just handed them the Croix d’état for our case.”
“I know what you mean by prepared; I don’t play by those rules. If we lose then we lose, but we lose with integrity.” Terrance stated harshly under his breath so it wouldn’t resonate loud enough for anyone else to hear.
“When this is over Terrance you’d best head back out west, there’s no place for you in Cumberland County anymore.” Terrance didn’t give him the dignity of an answer for that statement. He felt he had made himself clear from the beginning not to involve him in anything illegal or back door deals. Judge Iwamoto in keeping the court proceedings on track asked the defense if they were ready to call their next witness.
“Is the defense prepared to call their next witness?” He asked.
“We are not Your Honor.” Nilsson replied.
“When do you think you’ll be ready counselor?” Judge Iwamoto asked.
“Your Honor may we ask for adjournment until tomorrow morning, Lead Counsel has just received information about an addition to our witness list.” Judge Iwamoto looked at the clock and saw there was only another hour and forty five minutes left in the day.
“You may, Court is adjourned until 8:00 am tomorrow.” He then slammed his gavel ending the day’s session.
CHAPTER 30
CHICKENS COME HOME TO ROOST
R
oderick was up early the next morning and had left notes under Michaelson and Nilsson’s door advising them to meet him at the courthouse. He additionally said be prepared for an explosive day. The cryptic note had them frantically getting ready and hurrying over to the courthouse, well before the 8:00 am start time. When they arrived they observed Roderick chatting with three men in a side hallway; neither Michaelson nor Nilsson had seen these men before.
“Who were those men Rod?” Michaelson inquired.
“Friends of ours, but that’s all I can tell you right now.” Roderick replied.
“Rod, are you doing the cross on Sheriff Hutchison this morning, or are you giving him to one of us?” Nilsson asked.
“Change of plans, we’re bringing another witness in first. In fact we have to make notification to the Judge and Milford of our change.”
“Who else is there to call?” Michaelson asked. Roderick handed him the witness call sheet to see for himself.
“Who the hell is Stickney Tannehill?” Michaelson asked, and then handed the paper to Nilsson.
“I’ll save that one for the courtroom.” Roderick said with a smile as he walked away to enter the witness change with the Courts. Once Roderick had made the necessary notification, he and the others took their place at the defense table. Across the way Milford and Terrance were looking at their witness name and were racking their brains trying to figure out who the hell this Stickney Tannehill could be. Milford chalked it up to some Behavior Specialist on Mental Disorders or a Psychiatrist talking about Post Traumatic Stress Syndrome. The Bailiff entered the room and announced Court would be commencing, and if everyone could rise; breaking their banter. The Judge and Jury were seated before everyone sat back down.
“Defense Counselors are you ready to call your first witness?” Judge Iwamoto asked.
“Please proceed then.” He ordered.
“Your Honor, the defense would like to call Stickney Tannehill to the stand.” Milford and Terrance were practically cranked around in their seats to see who this Tannehill character was. When the Bailiff opened the door to escort the witness in, Milford leapt up so quick that it toppled his chair backwards.
“APPROACH Your Honor!” He screamed.
“Mind your tenor Mr. Milford; you’re still in a Court of law.” Judge Iwamoto admonished.
“Will both Counselors approach?” Judge Iwamoto ordered. Milford spoke first.
“I don’t know what kind of game he’s playing by fabricating witnesses, his name’s not Stickney Tannehill; that’s Detective Hans Widmann of the Cumberland County Sheriff’s Department.”
“Your Honor, if I may.” Roderick asked.
“You may Counselor.” Roderick then turned around and asked Nilsson to hand him the manila folder at the defense table. He then handed it to Judge Iwamoto to read.
“Your Honor, I never received a copy of that through discovery, therefore this witness cannot be seated until I’ve had reasonable time to review it.” Milford debated.
“Overruled Counselor, you can read it while defense counsel crosses the witness. Please step back.” Judge Iwamoto opined. Judge Iwamoto then had the Bailiff hand Milford a copy of the contents from the manila folder. The Bailiff then swore in and seated the witness.
“Good morning Mr. Tannehill.” Roderick stated.
“Good morning Counselor.” Tannehill replied.
“Mr. Tannehill could you please tell the courts your full name and profession.”
“My name is Stickney Tannehill, no middle name; and I’m a Special Agent with the Federal Bureau of Investigations.”
“How long have you been employed with the Federal Bureau of Investigations Sir?
“I’ve been a Special Agent for fifteen years, Phoenix office.” He responded.
“What is your current assignment Mr. Stickney?”
“For the last four years I’ve been working an undercover assignment in Cumberland County.”
“Could you tell the Courts where specifically in Cumberland County?”
“It’s within the Cumberland County Sheriff’s Department.”
“Since you’re undercover, you must be known by a different name; what is that name?”
“My alias is Detective Hans Widmann a transfer from New Mexico.”
“Can you tell the Courts why the Federal Bureau of Investigations would be conducting an undercover operation within a law enforcement agency?”
“Yes Sir. Over the last ten years Cumberland County has had an inordinate amount of its African American citizen’s missing with no trace and a high emergency room usage. There have also been numerous complaints lodged with the Anti-Defamation League; and they contacted us to look into it.”
“In those four years undercover have you had the opportunity to find any basis to these claims?”
“Yes I have and then some.” Tannehill replied.
“Can you tell the Court some of those incidents?”
“The most glaring and frightening thing I discovered is the Sheriff of the County is the regions Imperial wizard of the Ku Klux Klan. He also insists that his Deputies also become members of the Klan as well.”
“Are you a member of the Klan Mr. Tannehill? Roderick asked.
“I’m not, but Detective Hans Widmann is a member.”
“How’s that possible Mr. Tannehill?”
“When I arrived undercover, Sheriff Hutchison began feeling me out on how I felt about African Americans and took me to a couple meetings; eventually he trusted me enough to initiate me.”
“How do you personally feel about African Americans Mr. Tannehill?”
“My wife is African American and my two beautiful daughters are half African American, so how do you suppose I feel about them?”
“Are you familiar with the term Coon hunting?”
“All too well, I was forced to go on a few when Sheriff Hutchison was feeling me out.”
“Do you know if the victims in this case ever coon hunted?”
“They all were avid Coon hunters as they used to joke around. Each and every one of them had been card carrying members of the Klan.”
“How is that so Mr. Tannehill?” Roderick prodded.
“The flow chart for Cumberland County goes like this. Sheriff Hutchison is the Imperial Wizard, basically the leader. Then there’s the Imperial Klaliff, second in command and that was Delbert Cutts. Then there’s the Grand Dragon or third in command and that was Cecil Miller. The remaining three victims were Giants; I guess you could say foot soldiers.”
“When you were initiated, what title were you given?”
“I was given the title of Ghoul for the first year; then I got exalted to the rank of Giant.”
“I have a question Mr. Tannehill, how did you get the rank and trust of these men knowing how violent they could be?”
“Sheriff Hutchison said we’d be going into Knoxville for a spook ride, that’s a step up from a coon hunt. A spook ride is an initiation rite where you kill an African American. So, I had my handler rig an African American agent up with a squib; which is an exploding pack used in movie special effects. I then had them be at specific location and when we passed I shot him with blanks. Sheriff Hutchison turned the vehicle around to see if he was dead; which he looked really dead with the special effects.”
“You’re telling the Court that a sworn law enforcement official participates in murder on a regular basis.”
“Objection, he just said it was a staged murder. Therefore his statement does not confirm those facts to be true.” Milford stated.
“Your Honor, the Sheriff did not know the murder was going to be staged; in the Sheriff’s eyes it was a legitimate murder.” Roderick said in rebuttal.
“Overruled I’ll allow.” Judge Iwamoto opined.
“Do you have any other evidence Mr. Tannehill?”
“Yes, I was wired almost every day and have audio and video footage of a lot of their activities.”
