Chapter 55
Beau Lee walked up to the podium and greeted the man. He was trying to keep his breathing in check and reminded himself that it would be a marathon, not a sprint.
“Would it be safe to say that the Internal Affairs division and state investigators all reviewed and incorporated statements taken during your initial investigation?”
“I think they have what we provided them.”
Beau Lee stood with his hands relaxed by his sides.
He knew that composure would serve him well, especially as a Black attorney facing a majority white jury.
“Can you confirm whether or not the state investigators relied solely on your department’s cursory investigation, or did they seek any findings on their own? ”
“I can’t tell you what they did in their investigation.”
“Can one presume that if your investigation yielded errors, then the State’s would’ve had the same errors in their reporting?”
DaSilva stood up and exclaimed, “Objection! Argumentative!”
The judge looked at Beau Lee. “The objection is sustained,” she said in an irritated tone.
Without being fazed, Beau Lee moved on to his next question. “Captain O’Keefe, it was not lost on me, and I’m sure not on anybody else in this courtroom, that your report makes no mention of the video that recorded the incident. Is that because it contradicts your conclusions?”
“Objection!” DaSilva shouted. “The statement of the facts. The video was referenced in the report as unreliable.”
“Your Honor, I believe the defendant has the right to inquire as to why Captain O’Keefe did not explain his findings as it relates to the video that recorded the incidents leading up to the shooting.”
“Mr. Cooper, I will allow you a very limited examination on this issue.”
“Thank you, Your Honor. Captain O’Keefe, what were your findings as it relates to the video that showed the defendant, Hollis Montrose, face down on the ground with his hands above him, being shot in his back by the Chicago police officers?”
“As the district attorney said, we found the video unreliable because it was dark and it was very distant,” O’Keefe said.
“A person with reasonable vision could not see that far and definitely could not hear what was being said from a hundred yards away. Based on our training and policy, we collected as much objective evidence and first-hand witness accounts to determine whether a video would help us arrive at any different conclusions. We found that all of the eyewitnesses and the objective evidence were consistent with what we saw on the video.”
“Then why didn’t you lead with the video that shows us what happened in the shooting?”
“Objection!” DaSilva shouted again. “Mr. Cooper continues to badger the witness when he doesn’t get the answer he wants, Your Honor.”
Beau Lee fired back. “Your Honor, I’m just pointing out to the court that if the video showed that Mr. Montrose had done anything criminal, this police captain would have led with it. The defense believes that this is further evidence of the relevance of the video.”
“Mr. Cooper, I have issued my rules on the video, and the jury will be able to evaluate the testimony from this witness and all other witnesses. If the police captain believes that the video is irrelevant, then the jury can accept his testimony or not. It’s that simple.
But I will not allow you to argue with a witness. The objection is sustained.”
Beau Lee looked back at Alvarez, who just shook her head, then he continued. “Captain O’Keefe, a few moments ago you stated that you collected firsthand witness accounts from everybody on the scene, correct?”
“Yes, we did. That is our policy.”
“So in fact, you are saying that the only firsthand witnesses were your police officers. Correct?”
“Those are the only eyewitnesses that we were able to ascertain,” answered Captain O’Keefe.
“You didn’t collect a statement from Hollis Montrose, did you?”
“Objection,” DaSilva said. “Mr. Cooper knows his client has a Fifth Amendment right against self-incrimination.”
“I am perfectly aware of my client’s constitutional rights.
The fact of the matter is that the police did not even attempt to take a statement from Hollis Montrose to see if he agreed that the video showed that he never fired his weapon.
They only sought to validate evidence that helped them get to the conclusion that exonerated their officers. ”
“Mr. Cooper, your client may waive his Fifth Amendment privileges if he wishes to testify during this trial,” Lambert said. “But I won’t allow you to badger witnesses. The objection is sustained. Now, do you have any other questions for this witness?”
“One last question. Captain O’Keefe, would it make sense that a law-abiding citizen like Hollis Montrose, a police officer with no criminal history, would be driving without his wallet and identification on his person or anywhere in his car?”
“Objection, calls for speculation.”
Beau Lee retorted, “I’m not asking whether they arrived at a conclusion. I am asking whether they even raised the question during the investigation, or if they simply took the police officers’ word—that Mr. Montrose didn’t have his wallet on him on the night in question—as the truth.”
“It’s straightforward, Mr. Cooper. If we’d recovered a wallet from Mr. Montrose’s person, it would have been placed in the police inventory. I don’t see why this question is relevant at all.”
“We believe it would be very relevant if Mr. Montrose were to take the stand.”
There were rumblings throughout the courtroom as people reacted to Beau Lee’s floating the idea of Hollis telling his story. It would be welcomed by Hollis and his family, but Nellie had advised against it. Hollis wasn’t fully healed, and his memory of the night was still blurry.
The judge banged her gavel. “Order in the court! As for you, Mr. Cooper, it will be up to you and your client whether he’ll take the stand, but let’s avoid theatrical speculation. Do you have any more questions for this witness?”
“I do not.” Beau Lee returned to his seat.