Keyshia and Clyde (26 page)

“No,” said Mrs. Williams.

Ms. Hemmingway stared at the jury. “Did he participate in any capacity in the robbery itself?”

“No,” Mrs. Williams said calmly.

“Did he threaten any of the customers or employees with a weapon?”

“No,” she answered.

Ms. Hemmingway folded her arms and said, “Let me get this straight: The defendant entered your bank, introduced himself by name, and he neither participated in the robbery nor did he threaten anyone that day. Is that correct?”

Mrs. Williams hesitated for a second and then answered, “Yes, that's correct.”

“No further questions, Your Honor,” said Ms. Hemmingway as she smiled at the jurors.

“Redirect, Mr. Williams?” asked the judge.

T. Bernard stood quickly and said, “Yes, Your Honor.” He stared at his notes and asked Mrs. Williams, “Now, Mrs. Williams, does the First Bank of Savings employ a security officer?”

“Yes, we do.”

“On the morning in question, was there a security officer on duty?”

“Yes, there was.”

“Can you tell me, madam, if the officer on duty got into any altercation during the robbery?”

Mrs. Williams looked at Clyde and said, “Yes.”

“With whom?”

“The defendant, Mr. Barker.”

“Were any weapons involved?”

“Yes, they were struggling for a gun.”

“No further questions, Your Honor.” T. Bernard stared at Clyde and then at the jury.

“Defense, any redirect?”

Ms. Hemmingway said, “Yes, Your Honor.” She approached the witness. “Mrs. Williams, do you know whose gun was involved?”

“No, I assumed it belonged to the defendant.”

Ms. Hemmingway walked over to her table and removed a piece of paper and asked, “What is the name of the security officer who was on duty the day of the robbery and who was involved in the confrontation?”

She thought for a second and said, “Mr. De La Cruz.”

“Mrs. Williams, I have one more question for you.”

Mrs. Williams nodded, and Ms. Hemmingway continued, “Does the First Bank of Savings have any protocol or guidelines for employees in case of a bank robbery?”

She nodded. “Yes, we have a strict policy.”

“Would it be safe to say that one of those guidelines is to not resist during the course of a bank robbery?”

“Objection, Your Honor, she is leading the witness again.”

“Sustained.”

Ms. Hemmingway apologized and said, “Mrs. Williams, in your own words, what is the bank's policy in the event of a bank robbery?”

“It instructs us to not resist whatsoever for the safety of our customers and employees.”

“So did the security officer violate the strict guidelines and put not only himself in jeopardy, but the public and employees?”

“Yes, yes, he did,” she answered.

“Does that same officer still work at your bank?”

“No, he was removed from the bank for not following the branch guidelines.”

“Thank you, Mrs. Williams. Your Honor, I have no more questions.”

T. Bernard called various bank employees to the stand to confirm that Clyde was at the bank, and each time Ms. Hemming-way cross-examined them, they all stated that they saw Clyde there and struggling with the security officer and that was it. After calling seven bank employees and three customers to the bench to testify, the judge announced a recess until two.

Keyshia and Ceasar had lunch together and sat and talked about the case.

“So, how do you think the case is going?” asked Ceasar.

“As well as expected,” Keyshia said.

“Your boss is a motherfucka. He's really trying to stick it to Clyde. You're not hurt by what he's saying? 'Cause it kills me every time he paints him in a corner.”

Keyshia sipped her iced tea and thought about what he said. She told Ceasar point-blank, “He has to do it, that's his job.”

Ceasar frowned at her. “You sound like you're on his side.”

Keyshia stared at Ceasar and said, “No, he's actually helping.”

Ceasar frowned again and said, “Helping us? Keyshia, have you lost your mind? It only takes one juror believing that he is a monster.”

Keyshia gave him a defiant glare and said, “You ever heard of the lesser of two evils?”

Ceasar nodded. “Yeah, so what's your point?”

She smiled and said, “By the time all this is over, Clyde is going to look like a Cub Scout going up against the Devil.”

The next witness T. Bernard called after lunch recess was the security officer, Jorge De La Cruz.

De La Cruz was sworn in by the bailiff and took his seat in the witness box with an air of confidence.

“Afternoon, Mr. De La Cruz,” said T. Bernard.

De La Cruz edged close to the microphone, and his voice boomed throughout the courtroom: “Afternoon to you, too, sir.”

T. Bernard winced at the sound and said in a low tone that he didn't need to speak too loudly. Then he asked, “Mr. De La Cruz, can you tell us where you were on the sixteenth of May?”

“Yes, sir, I was employed in the capacity of security officer at the First Bank of Savings between the hours of oh seven hundred and fifteen hundred.”

T. Bernard hated these types and had warned De La Cruz previously to keep his answers short and to the point. Now he began to wonder if he'd made the right decision to have him testify.

“Thank you.” De La Cruz nodded. “Do you recall seeing the defendant, Clyde Barker, enter the establishment?”

De La Cruz stared grimly at Clyde and said, “Yes, sir, I observed the perp as soon—”

“Objection, Your Honor,” said Ms. Hemmingway. “Witness is characterizing my client with his opinion.”

“Sustained,” said the judge, who then instructed the witness to not form an opinion and to address him as the “defendant.”

De La Cruz nodded and continued, “I observed the defendant enter the establishment at exactly oh eight twenty-five and quickly noticed his erratic and unusual behavior.”

“What did you do then?” asked T. Bernard.

“I immediately began making a mental note in my head of his full description and kept a close eye on him during his duration in the bank.”

T. Bernard nodded. “Then what happened?”

“Within fifteen minutes after the defendant entered the bank, three heavily armed men in masks with high-powered handguns came in and announced a robbery.”

“Then what happened?”

“One of the robbery suspects pointed a weapon in my face and ordered me to lie facedown behind the customer service counter.”

“Where was the defendant at this time?”

“Lying down next to me.”

“Did you notice anything unusual at this point?”

“Yes, I noticed that the defendant and one of the masked gunmen were making eye and head gestures like they knew each other.”

“Objection, Your Honor. Witness is expressing his opinion again.”

“Sustained,” the judge said.

“No more questions,” T. Bernard said.

“Cross, Ms. Hemmingway?”

“Yes, Your Honor.” Ms. Hemmingway walked directly up to the witness, and De La Cruz knew he would be in for a handful from the eager-looking black woman.

“Mr. De La Cruz, you said you noticed the defendant acting suspiciously as soon as he walked into the bank, correct?”

“Yes, ma'am,” he said confidently.

“In your opinion, what makes a person appear suspicious?”

“Well, he walked in looking around.”

“I see. So anytime a person walks into a bank and looks around, in your opinion he is deemed suspicious, Mr. De La Cruz?”

“No, but he seemed different.”

“Different how?”

Suddenly Mr. De La Cruz was at a loss for words. “I . . . don't know, it was something about him.”

“Come on, Mr. De La Cruz, it was something that made him look—and these are your words—‘erratic and unusual.' ” De La Cruz was speechless, and Ms. Hemmingway moved on. “You mentioned that when the gunmen entered the bank, you were ordered to lie down on the floor and observed the defendant and one of the gunmen making some kind of gesture? What kind of gesture?”

“A gesture like they knew each other. Like he was part of the robbery.”

Ms. Hemmingway nodded and walked over to her table and retrieved a handgun in a plastic bag with a tag on it. “Mr. De La Cruz, do you recognize this weapon?”

“Yes, ma'am, it is my registered thirty-eight-caliber weapon.”

“Let the record reflect exhibit C-three is entered into evidence.” She held it in the air for all to see. “Mr. De La Cruz, did you pull this weapon out at any time during the course of the robbery?” “Yes, ma'am,” he said proudly. “When I was on the floor, I saw an opportunity when one of the gunmen had his back turned and made a move for my weapon, which I had stored in my ankle holster.”

Ms. Hemmingway nodded. “Mr. De La Cruz, in your capacity as security guard at the bank, were you paid as an armed or unarmed officer?” De La Cruz immediately knew where she was going with the question and was unable to answer it.

“Mr. De La Cruz, were you employed as an armed or unarmed officer at the First Bank of Savings?”

With much reluctance, he admitted, “Unarmed.”

Ms. Hemmingway stared at the jurors and asked him as she continued to look at them, “So, you had an illegal weapon on you, is that right, Mr. De La Cruz?”

He put his head down and said, “Yes.”

Ms. Hemmingway wasn't finished. “Let's go back to when you pulled the weapon out of your ankle holster. Were you still on the ground?”

“Yes.” Deflated, he now decided to give short answers.

“Were you still next to the defendant when you reached for your weapon?”

“Yes.”

Ms. Hemmingway decided to go for the jugular. “Mr. De La Cruz, you mentioned several times that you were sure the defendant and the armed suspects were in on the robbery together, correct?”

“One hundred percent sure.”

“If you were one hundred percent sure that they were together, Mr. De La Cruz, why would you wait till the gunmen had their back turned to pull out your weapon, when you were next to their accomplice?”

He could not answer her question.

“Mr. De La Cruz, did you ever apply to become a New York City police officer?”

“Yes.”

“Were you ever hired?”

“No, I was rejected because of medical reasons.”

Ms. Hemmingway walked to her table and pulled out yet another document, entered it into evidence, and handed a copy to T. Bernard.

“This is the psychological evaluation of Mr. De La Cruz, which states that he was rejected by the police department because he suffered from homicidal tendencies and would be a liability to the department.” Ms. Hemmingway held her copy in the air and said, “No more questions, Your Honor.”

Chapter 40
_______________

On the second day of the trial, the arresting officers were called to take the stand. One by one, each gave testimony about how one suspect got away but they'd captured three running out of the bank.

A federal agent even testified how they'd considered bringing an indictment against Ceasar Barker because they believed that he was in on the robbery, but there had not been enough evidence to do so. And there was still the question about the one hundred and thirty thousand dollars that had been unclaimed and was ultimately entered into evidence and used against Clyde because Ceasar had originally said that he was holding it in a safe deposit box for his brother.

Since T. Bernard saw that the case was slipping away from him, he decided to throw the unclaimed money into the story so a federal IRS claim could be made against Clyde just in case things didn't work in favor of the prosecution. Keyshia had not figured on this and quickly made plans to offset it.

After the agent testified about the money, Ms. Hemmingway called to the stand Mr. Johnson Gadson, better known as “Pops,” from Johnny's Ice House.

“Mr. Gadson, do you know the defendant, Clyde Barker?”

“Yes, ma'am, he's been working for me since he was a boy.”

“And what is it that you do?”

“Oh, I run Johnny's Ice House, delivering ice to the businesses in the area.”

“Sounds like hard work.”

“It is, 'cause my back is killing me.” All the jurors laughed at the elderly man's joke.

“What were Mr. Barker's wages at the time?”

Pops frowned and said, “Who?” She pointed at Clyde, and he said, “Oh, you talking 'bout Rocco.” He said excitedly, “I paid him 'bout twenty-five dollars a day.”

She nodded and said, “Well, Mr. Barker had over one hundred thousand dollars deposited in a bank. Would you know how a person who only earns twenty-five dollars a day could possibly obtain that kind of money?”

“I thought it was one hundred and thirty thousand dollars.”

“How did you know the exact amount, Mr. Gadson?” asked Ms. Hemmingway.

“Because that's the amount we won together in Atlantic City gambling.”

“So, you are saying you two won the money together gambling? Do you have any proof of that?”

Pops smiled. “Sure do.” He reached into his pocket and pulled out hotel invoices, restaurant bills, and store receipts. “The boy even took me to a concert that night to see Lyfe Jennings, who happens to be one of my favorite singers now.” Pops pulled out two concert ticket stubs and smiled.

“Why would you only now make a claim on the money?”

Pops put his head down and said, “Well, to be quite honest, I thought he took the money and skipped town. I was so hurt because I trusted him out of all the boys who worked for me. But I was recently contacted and notified that he didn't skip out on me, he was arrested and the money was confiscated. I could care less about the money; just knowing he didn't steal from me makes me happy. Rocco has been one of the most honest young men I met in my ninety-one years. I may look old and broke, but my estate is worth over two million dollars, and I told him long ago that he can come to me and I'll give him anything he wants. Hell, I was giving him half the money we won gambling, so why would he want to rob a bank?”

The trial was winding down, and everything was looking good for Clyde. The time had come for Martha to testify. Since she was due to testify on Clyde's behalf, she had been restricted from sitting in on the proceedings until now.

“The defense calls Ms. Martha Woods to the stand.”

Martha was led to the bench aided by a cane as the bailiff helped her to her seat. He swore her in and she sat down. Ms. Hemmingway asked her a barrage of questions about what kind of person Clyde was, if he had ever been in trouble, and his character in general. After Ms. Hemmingway finished asking her questions, T. Bernard was up to ask his own questions.

“Hello, Ms. Woods. How are you today?”

She smiled lightly and said, “I'm just fine, thank you.”

“Good, good. I just have a few questions to ask you, Ms. Woods, okay?”

She nodded.

“I understand that you raised Ceasar Barker, Sonny Barker, and the defendant, Clyde Barker, since they were toddlers when their mother fell ill, is that correct?”

Martha smiled and nodded. “Yes, me and their mother was best friends growing up, and when that tragic incident happened, I took all three boys in and raised them.”

T. Bernard smiled and said, “Wow, that's very noble of you, taking them in like that.”

She nodded. “Oh, that's the least I could do. Like I say, me and their mother was closer than sisters, so them boys was like my own family, and I was always taught to take care of family.”

T. Bernard paused as if searching for the right words and then asked, “What happened to their mother to cause them to live with you for so many years?”

Martha put her head down as if she were hurting to think about what occurred and said, “She was shot.”

“By whom, Ms. Woods?”

She lifted her head up and said, “By her husband, the boys' father.” Suddenly she began to cry. The entire courtroom seemed saddened by the revelation.

T. Bernard reached inside his suit jacket and pulled out a handkerchief and handed it to her. He gave her a moment to settle down, then asked, “Ms. Woods, can you tell us where their father and mother are right now?”

Martha wiped her eyes and said, “Their father is still in prison somewhere for the shooting, I believe, and Cathy, that's their mama's name, is still in a nursing home. They say she is catatonic, like a zombie. She's been like that ever since.”

“Ms. Woods, we are going to move on, and I'm going to ask you some questions about yourself, okay?” She nodded confidently, and T. Bernard went in for the kill. “What was your part in the bank robbery, Ms. Woods?”

The entire courtroom gasped, and Ms. Hemmingway jumped to her feet and yelled, “Your Honor, I object!”

The judge pounded his gavel and said with aggravation in his tone, “Sustained! Sidebar, Mr. Williams!”

Ms. Hemmingway and T. Bernard Williams walked to the judge's bench. The judge said through gritted teeth, “Mr. Williams, you better have a damn good reason to accuse Ms. Woods of bank robbery or I will personally see that you are disbarred.”

“Your Honor, Ms. Woods is a convicted felon and had been involved in several federal-related bank felonies. I also have strong evidence that Ms. Woods is connected to this bank robbery and have a witness who will support that.”

“But, Your Honor,” Ms. Hemmingway protested, “Ms. Woods is not on trial here today, and it would be unfair to the entire case if she is brought into the proceeding at this stage.”

“Your Honor, Ms. Woods is a defense character witness. I have every right to explore her character and ask her questions about her background. It isn't my fault that the defense did not do their homework and investigate their witnesses. Your Honor, this witness is a convicted felon who robbed banks and is here to testify about the character of a defendant that she has a connection to on a bank robbery charge.”

The judge absorbed the argument and conceded, “Ms. Hemmingway, you opened the door for her to be questioned, and I'm overruling the objection.”

“Thank you, Your Honor,” T. Bernard said with a smile, and they both returned to their respective tables. T. Bernard pulled out a document and entered it as evidence. “Ms. Woods, I ask you again, what was your role in the bank robbery on April 10, 1981? And remember you are under oath.”

Martha looked desperately at Ms. Hemmingway and toward the judge for help but received none.

“Can you answer the question, Ms. Woods?”

“I had nothing to do with no bank robbery,” she said nervously. She had walked right into T. Bernard's web.

“How about the bank robbery you participated in in 1981, Ms. Woods? Can you tell us about that?”

It was if a dagger had stabbed Martha in the heart as she looked toward Clyde and his lawyer for some sort of support. T. Bernard smelled blood.

“Your Honor, in my hand I hold an indictment dated April 10, 1981,
United States v. Martha Woods,
charged with federal bank robbery, 18 USC Section 2113 (a).”

Normally, Ms. Hemmingway would have objected to such actions, but she thought this information might work in her client's favor. T. Bernard walked over to the defense table and handed her a copy.

“Your Honor, please enter this into evidence as J-six,” he said as he continued. “Ms. Woods, I ask you once again, what role did you play in the bank robbery on May 16, 2001, at the First Bank of Savings?”

Martha grew angry. “I don't know what it is you talkin' about,” she spat.

“Come on, Ms. Woods, isn't it more than a coincidence that all three brothers, one who worked at the bank where the other two brothers showed up, are charged with robbing that same bank?” Martha was boiling, and her eyes began to widen from the pressure. “I ask again,” T. Bernard said twelve inches from her face, “what was your role in this bank robbery, Ms. Woods?”

“I fuckin' told you I ain't have shit to do with it!” T. Bernard had stripped away the innocent-looking caretaker role that she was displaying and exposed her for who she really was.

He stared at her with malice and said, “Your, Honor, I'm temporarily finished with this witness until after I call a corroborating witness to testify about Ms. Woods's connection to the crime and her character.”

The judge stared at T. Bernard Williams and looked over to the defense. “Any cross, Ms. Hemmingway?”

“No, Your Honor, the defense has no questions.”

“Ms. Woods, you are remanded to the courtroom until such time as witness examinations are heard.”

“Thank you,” said T. Bernard. “The government would like to call to the stand Sonny Barker.”

Keyshia and Ceasar held each other's hands tightly as they sat in the rear of the courtroom and watched three federal officers escort Sonny inside the courtroom. His hands and ankles were shackled and he took short, choppy steps. Even though he wore gray prison coveralls, they could see that Sonny had packed on at least thirty pounds of solid muscle since the last time they'd seen him. Keyshia and Ceasar watched Sonny's girlfriend, Cheryl, wave wildly at him from the second row. She was still riding his bid out with him after all these years and was excited to see him.

They placed him in the witness chair and swore him in, but Sonny refused to raise his right hand as the bailiff asked. Keyshia noticed that Sonny wore a coffi on his head, which symbolized that he was now a Muslim. He had mentioned in his letters that he was studying the religion but hadn't said that he'd made the commitment yet. Sonny looked around the courtroom and spotted his girlfriend, Ceasar, Keyshia, and Martha. Though he was happy to see all of them, it seemed that he refused to crack a smile—a permanent mask that he'd acquired in prison.

“Good afternoon, Mr. Barker.” Sonny remained silent and simply glared at him. T. Bernard cleared his throat and continued, “Mr. Barker, you have been found guilty on federal bank robbery charges and are currently serving time at Leavenworth federal prison, is that right?” Sonny remained silent.

T. Bernard looked at the judge, who said, “Mr. Barker, answer his question or you will be charged with contempt of court.”

Sonny tossed the judge daggers with his eyes, wanting so badly to curse him out, but he looked at his little brother's pleading eyes and then at his girl's and answered, “Yes.”

T. Bernard got straight to the point. “Do you know a Martha Woods?”

Sonny sneered at him and said, “Yes.”

T. Bernard walked over to his table. “Did she participate in any part of the bank robbery that took place at the First Bank of Savings in Harlem on May 16, 2001, Mr. Barker?”

Sonny jumped to his feet and yelled, “Fuck you, son of a bitch!” and tried to leap over the bench at T. Bernard, but he was quickly subdued by the court officers. Clyde, Sonny's girlfriend, Keyshia, and Ceasar all covered their eyes. Martha was the only one in the courtroom smiling. The judge banged his gavel and ordered that the witness be removed from the courtroom and stated that questioning would be continued via closed-circuit television, then he called for a thirty-minute recess.

Deflated, Ceasar said, “Keyshia, I told you Sonny wasn't going to say anything against Martha. He'd rather die before he does that. When they call me to the witness stand, I'm gonna tell. I've got to get my brother off.”

Keyshia took a deep breath and knew that Ceasar was right. The only way Clyde was going to get off was if one of the people who took part in the robbery testified against Martha; and seeing how violent Sonny became, she knew he wouldn't rat on her. But she didn't want to see Ceasar go to jail because she knew the brothers wouldn't want that and that Ceasar wouldn't be able to make it in jail. She thought fast and decided to speak to T. Bernard and ask him not to call on Sonny yet but instead to call on the witness who was supposed to be called last.

When everyone came back from recess, the court technicians had cable wires and cameras set up by the witness bench. Five minutes later the bailiff yelled, “All rise!”

“Please be seated,” said the judge as he sat down.

The bailiff said, “Everything is set up, Your Honor.”

“The witness room?” he asked.

“Yes, Your Honor.”

“Okay,” said the judge. “Mr. Williams, are you ready to resume questioning of Mr. Sonny Barker?”

“Yes, Your Honor, but I'd like to call another witness first.”

The judge looked at the defense table and asked, “Defense, do you object to having the prosecution call another witness?”

“No, Your Honor.”

“Fine,” said the judge. “Mr. Williams, you can call your next witness.” The video's red light suddenly came on as the technician swiveled the camera toward the witness door. Everything was being broadcast via closed-circuit television to a TV monitor that Sonny would be watching.