Chapter Thirteen
Michael
I sat on one side of Anthony and Al sat on the other. I felt slight pride for finding the discrepancy in the dates of the documents, but had my doubts that the hearing would provide anything in Anthony’s favor.
Expecting the judge to order a written clarification, or the presentation of another report, I refused to allow myself to fill with anything but a little hope.
I glanced to my left.
Anthony’s deadpan stare toward the door of the judge’s chamber let me know his feelings mirrored mine.
The bailiff’s voice brought me out of the slight trance.
“All rise!”
We stood.
The judge entered, walked to his seat, and sat down.
“You may be seated.”
In unison, we sat.
The judge lifted a document, studied it, and then looked up. “In the matter of the United States versus Agrioli, defense has presented a motion in limine, asking that several items of evidence presented during discovery be excluded. Furthermore, if said evidence is excluded, defense further asks that the search warrant be declared wrongfully filed for, and subsequently, that the charges against the defendant be dropped, as there is insufficient evidence to proceed with trial. First, I will say this...”
He fixed his eyes on Al. “The decision to exclude the evidence has been brought before the court in the form of a motion, to which the court is bound to respond. Dropping the charges is another matter altogether, a decision that will be made based on the evidence to support proceeding with a trial, all of which may or may not have been presented. My decision will come after this hearing, and will depend on the outcome of this proceeding. Is this understood?”
Al stood. “Yes, Your Honor.”
The judge looked at the prosecutor.
The prosecutor stood. “Yes, Your Honor.”
“Furthermore, the United States is not on trial, nor is the prosecutor’s office. The defendant is. I will not hear arguments regarding this motion, nor will I allow the questioning of witnesses. In consideration of the motion, I have reviewed the evidence in question, and I have spent the last eight hours reviewing other evidence in this case, all of which has allowed me to compile the following.”
He alternated glances between the prosecutor and Al. “Agent Black’s reports are clearly marked by his signature, and with a date. The dates on his daily reports match the dates on his Confidential Informant statements, with exception to the date in question. I have found no daily report from agent Black for the day, or for the week in question.”
He looked at the prosecutor. “Does such a report exist?”
The prosecutor glanced to his right, whispered something, and then stood. “Your Honor, there is a report signed by agent Whistler for the week in question, but—”
The judge cleared his throat. “Is there a report signed by agent Black? Yes, or no?”
“No, Your Honor.”
The judge nodded, lifted another document, and then peered over the top of it. “What document was used in obtaining the search warrant?”
“Agent Whistler’s statement, Your Honor.”
The judge sorted through the paperwork on his desk, lifted a piece of paper, and studied it.
“Signed 10 October, 2016?” he asked.
“Yes, Your Honor.”
“I have presided on trials presented by the prosecutor’s office long enough to know, but for the record,” the judge said, “is the agent who conducted the interview with the informant required to file the report?”
“Yes, Your Honor.”
“Yet, in this case, there are two reports.” He lifted one sheet of paper in each hand and shook them. “One with the correct date, and one with the incorrect date. Is that an accurate statement?”
“Yes, Your Honor.”
“And, the report with the correct date was used to obtain the search warrant?”
“Yes, Your Honor.”
“And, it was filled out contrary to your office’s policy and contrary to the policies of the ATF?”
The prosecutor let out an audible sigh. “Yes, Your Honor.”
“Was a copy of this report provided to defense counsel’s office?”
The room fell silent.
“Was a copy of the report dated 10 October, and signed by agent Whistler, provided to defense counsel?” the judge asked in a stern tone.
“No, Your Honor.”
The judge nodded. “For the record, when the report was signed by agent Whistler isn’t relevant in my decision-making. One would assume, and I certainly have, that the report was signed and dated at a date later than the date listed on the report. I take exception that the policies set forth by the bureau, and by your office, were not followed in the preparation of this report. I find the fact that it was presented to the court for consideration of the search warrant to be appalling. Procedures, counsel, are in place not only to preserve evidence, but to protect the constitutional rights of the defendant. I have one remaining question. Was the report filed by agent Black presented, at any time, to the court in support of the search warrant?”
“No, Your Honor.”
The judge’s jaw clenched. “Was agent Whistler present during the interview in question? The interview dated 10 October?”
“No, Your Honor.”
The judge lowered his chin. “The report used, by your own admission, was falsified?”
The prosecutor cleared his throat. “Yes, Your Honor.”
The judge looked at Al. “In response to item one in your motion, I decide in favor of the defense, and now exclude the report in question from evidence. I further exclude the report that was not provided to defense, but signed by agent Whistler on 10 October, 2016.”
My heart rose into my throat. I realized there was still a mountain of evidence to hurdle, but if I understood correctly, a huge piece of it was just eliminated.
He shifted his focus to the prosecutor. “This now brings me to the search warrant, which is item three as listed in the motion. It saddens me, counsel, that your office appears to have no regard for the very constitution that this court is bound to uphold and protect. It further saddens me to advise you, but provides slight satisfaction to advise defense counsel, that I have no alternative but to find that the search warrant was wrongfully obtained, and therefore find that any evidence obtained in said search warrant as being inadmissible in court.”
The silence was deafening. I glanced to my left. Al and Anthony remained statue-still, and emotionless.
I mentally repeated the judge’s words, hoping I had understood them correctly.
I have no alternative but to find that the search warrant was wrongfully obtained, and therefore find that any evidence obtained in said search warrant as being inadmissible in court.
It seemed clear to me.
The teeth, as a matter of law, didn’t exist.
And, without them, there was no case.
I couldn’t understand why everyone remained detached.
“The report in question was used to obtain the warrant,” the judge said. “And the warrant was used to obtain the evidence. The evidence was then used to proceed with a grand jury hearing, which subsequently produced an indictment. The indictment was used to file a federal warrant for arrest, which was fulfilled. The defendant has been in custody since the day of his arrest, as bond has been denied in this case.”
The judge looked at the prosecutor. “In the absence of the aforementioned evidence, are you of the opinion that there is sufficient evidence remaining to proceed with the prosecution of the witness?”
The prosecutor glanced to his right, whispered to the two men who were seated at his side, and then looked at the judge.
“No, Your Honor.”
The judge nodded and then looked at Al.
“In response to item one, three, four and five listed in your motion in limine, I find in your favor. In response to item two, there is no ruling, as I find it irrelevant. The charges against the defendant are hereby dropped. Mr. Agrioli, I am sorry for the inconvenience imposed upon you by this court. You are free to go.”
Free to go?
My heart thrashed against my ribs.
Holy fucking shit.
“Thank you, Your Honor,” Al said.
I was incapable of much other than standing and staring in disbelief. Everything that had consumed me for the last few months rushed from within me, leaving me feeling light and energetic. I wanted to jump in the air and scream for joy, but knew better than to attempt it.
I looked at Anthony. He had faced Al.
“May I speak?” he asked.
“Keep it civil,” Al whispered.
Anthony nodded and then looked at the judge. “Thank you, Your Honor.”
I patted Anthony on the shoulder, and then closed my eyes.
Thank You, Lord.