Chapter 13

Things got really interesting about an hour after I told the local lawyer Penny had called to get out of the conference room and not return.

I had nodded off and the door opening woke me up. The room was soon packed with cops of every rank. Those not holding automatic weapons had their hands on their guns with eyes on me just waiting for me to make the slightest twitch.

Fuck it. They will shoot me or not. At this point they have made up their mind anyway. It isn’t like I could twitch much anyway, my ass is numb and both legs are asleep.

“Just fucking open fire and get this over with already. All of you will say that I broke out of my super max security shackles, reached for one of your guns and you had to put me down to defend yourselves from me. You found yourselves in fear for your lives from a slightly overweight, out of shape computer geek. Killing me was the only possible option you had. There wasn’t any fucking way you could have re-restrained me without risking being mortally wounded, not even with the whole room filled with armed cops with weapons drawn. Without any cameras or microphones in here, no one will ever know the truth. None of you want to risk your pitiful pensions so you will never rat each other out,” I said loudly, but flatly. “All criminals get a pass. Victims get the chair. That is how it works here isn’t it? Seriously. You were all set to throw my ass under the jail based on accusations of child raping religious nutcases that you couldn’t even keep from escaping in a room full of cops as you watched the evidence right in front of your eyes. Do you wonder why no one trusts the police? No, wait. That isn’t exactly true. The criminals all trust in you. Trust you to let them walk free so you can harass someone they assault or falsely accuse.”

Some men in government pay grade suits came in as I was ranting away.

From behind one of them, I heard “Joe, they aren’t here to keep anyone safe from you. It is to keep these bureaucratic paper pushers and incompetent law enforcement personal protected from me.”

I looked at the clock and was surprised that Penny was already here. It was not even six AM.

“We are on the clock gentlemen. These proceedings are being recorded for Joe Johnson versus the Philadelphia Police Department. I would choose your story carefully. All statements will be transcribed and presented for notarized signatures, by a notary of your choice as well as one of my own, prior to my departure today. I suggest you call the mayor to tell him to put on some hip waders,” Penny told them. “I even tried to ensure you were also represented. Seems all of your union lawyers mysteriously appear to have all left on vacation overnight.”

I know that tone in Penny’s voice.

“Excrement impacting the oscillating cooling device” doesn’t even begin to cover what was about to happen in this meeting room in a few moments. It was going to be much closer to C4 dropped into an 8-hole porta-john outside a chili cookoff being held next to a home brew beer and bar-b-que contest.

No hiding behind the fan will keep the shit off any of you this time.

Standing beside me now, Penny calmly addressed the elephant in the room, “Which officer wants to fall on the sword to explain the complete disregard for my client’s rights and obvious needs of medical treatment from his altercation with the local criminal population, or was it just from the run of the mill police brutality? I am to understand he was booked, but not officially arrested. Likewise, he was questioned with never having been read his Miranda rights nor was he even allowed to make his one phone call.”

“This is an ongoing investigation...” one of the cops in suits started to say.

“No detective, this is complete failure to uphold the Constitution and Bill of Rights that you swore to protect when becoming a police officer. I just happen to have copies of both that were printed a few blocks from the Liberty Bell on reproduction of Benjamin Franklin’s printing presses. Feel free to read over them as you carefully consider the next words you speak regarding this manner detective. Video evidence from your own surveillance cameras clearly show my client approaching the alley with his purchase from the Hard Rock Café. Here is a copy of the receipt with a signed and notarized affidavit from the Hard Rock Café’s manager. On the next page you will see a time stamped video image showing my client at the register no more than fifteen minutes prior to your officer noting his fleeing from the alley. Here are video stills provided by the state police from surveillance cameras looking directly into the alley as well as three from businesses in the buildings on either side. Here are notarized affidavits from the owners of the three businesses regarding frequent criminal activities in that alleyway that your police force has routinely failed to address. All three video feeds facing into the alley have long since been integrated into your surveillance systems in an effort to stop crime in that alley,” Penny said as she passed around glossy photos and papers. “I will leave such inquiries to your union lawyers to investigate why those above your paygrade failed to inform you of this fact. That assumes they have any legal reasons to represent you when they return from their mysterious absence.”

I couldn’t see them all, but there was a photo of me nearing the alley. It showed both thugs just inside the shadows watching for someone to come by, with one clearly holding a gun. The next showed them grabbing me. The photos from the alley showed one holding a gun against my chest and the other going through my pockets. A final one from that set was from a perfect angle that made it look like the one that ran off actually Tased the other while I was down still on the ground, with the gun pointed at me, after they had started beating and kicking me. Even if they didn’t have that, I was shown far enough away with my hands clearly empty when it happened.

As those got passed around Penny said, “My being unable to obtain your required training certifications upon the video surveillance systems here at the station, I must defer my adding individual names to my client’s lawsuit until your Human Resources office staff arrives. Search warrants for that data have already been presented to US Marshals to compare your video footage to the feeds streamed directly to the state police. That said, it does seem that you had no difficulty selectively retrieving video used to show my client being approached by your bicycle officer. If you watch the video from your own surveillance cameras you will clearly see my client with his cell phone out and dialing a number as he was approached by your officer, who already had his Taser drawn. I have notarized phone records from AT&T showing his call into my personal cell. Note how my client made no abrupt or threatening moves as he completed the call. His movements clearly show how he started to put the phone back in his pocket purely out of reflex. You will see that your officer used his Taser on my client just as the cell phone entered said pocket and was pushed down into the pocket with the palm of his hand. All of his fingers were clearly in view.”

She then put more stuff out on the table. Some I recognized, some I didn’t.

“As required by various Federal Agencies, the Taser cartridges require distinctive markers be placed inside to identify each use. Here are markers indicating your officer used his Taser on my client three separate times, exactly as shown in the video you entered into evidence against my client. An officer in fear of his life can justify a single Taser discharge to stop an imminent attack. Additional stuns can be given if the suspect is not responding or failing to yield. My client was on the ground, still convulsing from the first use of the officer’s Taser when your officer reloaded is Taser and used it twice more on my client. The excellent video quality shows quite clearly that my client was incapacitated by his first Taser shot. Your officer then drew his weapon, chambered a round and pointed at my client after having depleted his supply of Taser cartridges,” Penny told them in her lawyer voice. “The U.S. Marshals and State Police are in the process of arresting that officer for attempted murder on an unarmed, incapacitated suspect.”

About that time some men, and two women, came in dressed in what looked to be moderately expensive suits.

They had not seen Penny at this point and one of the men asked “What the fuck are all of you doing in here? Having some party on tax payer’s time? It isn’t my birthday and I don’t do surprise parties. Someone kindly want to explain why I was woken up at an ungodly hour by the mayor demanding I get my butt down here ASAFP?”

Penny turned toward him. One of the women and three of the men with him turned pale. Since two of them had coal black complexions, that told me they knew quite well of Penny, if not having already met her in person. One leaned into the loudmouth man to whisper in his ear. I am sure he was glad he wore his brown pants.

Damn I need to be sure I know where and what he eats. I don’t want to have something come out of me that smells anything close to the odor coming from his direction.

“Counsel, I must legally inform you that these proceedings are being recorded and transmitted for live transcription in the case of Joe Johnson against the Philadelphia Police Department,” she stated in lawyer mode. “Your questions have been noted. I have it on exceptionally good authority that the mayor himself will be giving you the answers to those questions personally.”

She went back over the same things she had before they arrived and gave them time to look over everything.

They aren’t looking any better than when they found Penny in here.

“So, to summarize, I have presented state police and U.S. Marshals certified evidence from your own surveillance camera feeds showing that my client is innocent of the charges. My client, Mr. Joe Johnson, was walking toward his hotel from the Hard Rock Café after having eaten a meal and completed a purchase of one of their expensive items. A short time later he was abducted and mugged by two males, who appear to be of African American decent. When he managed to flee his attackers, he ran until he located a safe, well-lit, heavily traveled intersection where he felt he would be safe to call police to report the crime. Instead, he was treated as the perpetrator. The officer on the scene used his Taser three times without my client having made any aggressive actions toward the police officer in any way. He hasn’t been charged with any crimes, his Miranda rights were ignored, he was not permitted a phone call, has been subjected to excessive use of force and clearly needs medical attention,” Penny told the newly arrived people. “Finally, both assailants are convicted felons with multiple arrests for aggravated armed robbery, assault, car theft and credit card fraud. My client’s accuser, one Henry T. Peterson, has already used my client’s stolen credit card to make purchases totaling over one hundred thousand dollars between the time of his identifying my client in the lineup and my arrival in Philadelphia. American Excuse was very helpful in providing detailed purchase records when they are at risk of having to write off large amount of fraudulent purchases. Your desk sergeant kindly printed out all of the credit card company’s transmissions I received while in the air. He also very kindly printed the associated police reports each of the credit card issuers have previously filed electronically against Mr. Peterson per your department’s electronic fraud investigation protocols. You will find that same cell phone number used to call in the accusations against my client is the same used to commit this instance of fraud with my client’s credit card. The delivery address for the fraudulent purchases matches the primary residence for Mr. Peterson, according to his probation officer. Any questions?”

There was a lot of discussions in the room and out in the hallway. I could not catch them all, but the last group to arrive was grilling the asshole detective and the other groups of suits. The cops in the room with me were frequently told to keep everyone away from me and ensure they had a clear shot at me at all times. They had to be able to use deadly force against me without injuring anyone else in the room.

Oops. Did you just say that, out loud, repeatedly, after being told all of these proceedings were being recording and transcribed? Dumbass.

Just then Penny’s other phone rang.

“Yes sir,” Penny responded to whomever was one the other end of the phone. “There was no problem with the cellular communication. They said deadly force multiple times ... Correct. Officers have had their weapons drawn on Mister Johnson since before I arrived. Yes sir, some officers are here in full tactical gear with submachine guns or M-16s aimed at Mister Johnson ... Yes, each has a laser sighting system with dots showing all over Mr. Johnson’s body ... No sir, I don’t know the details of those weapons specifically, but they do not appear to be on safe. No sir, he is both chained and shackled to a chair bolted to the floor. His feet and legs are still restrained as he was in the video after the other officers arrived on the scene ... No Miranda Rights or charges ... Minor lacerations, bruising and some swelling ... Unknown ... Video shows multiple impacts to body in the alley ... I do expect some injuries are the result of the fall after being Tased ... Not unless it was during times between holding, interrogation and the current conference room, but I would not exclude the possibility ... I concur.”

With that she hung up the phone.

Turning towards me she leaned over and whispered, “I am glad you called me when you did. While not as insane as Atlanta, this complete failure to follow procedures is incomprehensible. That was a call from the senior partners at the local law firm I called to aid you in this matter. They are highly embarrassed that you are still here chained to a chair. Everything will be resolved in short order, we just need to wait for the bureaucratic process to run its course.”

Shit always tends to roll downhill. The police station was no exception. However, it seems that someone picked up an entire sewage settling pond and poured it down the elevator shaft from the top floor while everyone was down in the sub-basement eating donuts.

First one of their lawyer women got a call, turned red, started having some very angry words with whoever they were talking with and then quickly left. Both of my heavily armed, full swat gear guards got a call over their radios and they beat a hasty retreat as well. The smarter of the cops, and some people in suits, likewise made their escapes as soon as they could sneak out. That left me with the detective standing just outside the door, some other detectives, Penny and the people in the expensive suits. Before they knew what hit them, the avalanche of shit flowed down over them.

By the time it was done the detective was getting his ass chewed out by someone that made him cower like a little kid about to get the spanking they knew they fully deserved.

I bet I could make whoever it was checking the dick out cringe in fear after a few minutes in Paul’s punishment room.

Of course, I was still there, chained to the chair. A man, who was obviously a very high-priced lawyer if ever I saw one, came into the room. He was followed by a man that was unquestionably a well-seasoned career politician out to save his own ass from mobs of people with torches and pitch forks demanding someone’s head on a spike. Preferably his.

When he looked at my current state, after someone came to take a few really fast pictures of the same, he said, “I don’t believe that mere pittance you offered to settle will even cover my legal fees for my time to come here to discuss this matter personally. Forget covering his medical and mental health insurance costs as he works through the terrifying ordeal your city has put him through in the last nine hours. Penny and I still need to discuss the separate matter regarding his previous interactions with your police force. According to official police records, hasn’t even been afforded the basic human requirements for hydration or addressing his normal bodily functions. According to your own electronic records, Mr. Johnson has had his legs and ankles zip-tied, hands cuffed behind his back as well as being shackled to prevent even minimal movement. We both know the outcome after jury views the images of Mr. Johnson chained to a chair, wearing an unserviceable jump suit, not charged in committing any crime and guarded by armed SWAT guards with orders to use deadly force. Lest I need to mention his personal lawyer having flown from Atlanta. Allow me to introduce Penny.”

“We aren’t back during the times when millions were paid for being scalded by hot coffee,” the main lawyer for the cops retorted.

“You are correct, we aren’t. We are in a time where victims of rape, robbery and assault are living in constant fear because incompetent police officers are unwilling to be bothered to take definitive evidence and get a conviction. This case will inflame any jury with the gross stupidity of the officers in this matter. They took a violent, career criminal at his word that Mr. Johnson attempted to assault and rob two young muscular males that appear to be of African American decent. The same males who were out on parole for convictions of aggravated armed robbery and felony assaults in the very alley in question. You know damn well that I’m an expert at presenting juries with imagery that will make them steaming mad. Mad enough to demand all parties that had any connection to Mr. Johnson in this debacle are taken out to the stocks to be publicly flogged. I can ensure this will go viral once the media gets ahold of it. Think Rodney King on steroids,” the man finished. “Unfortunately for you, I’m not his personal lawyer. I doubt if I will ever obtain the level of Penny’s skills in front of a jury.”

The lawyer that had to be tied to the city still bickered as the big shot lawyer stated facts. It went on for a while. Cops out in the hall were getting their asses chewed out by someone. Looking at the clock I saw that it was already nine and I was to be escorting April home on an eleven thirty-five flight.

“Penny, can you call Katie? I need her to call Paul Stephens and let him know I will be unable to make the eleven thirty-five flight back to Atlanta. He asked me to escort a minor female family member, who was visiting his family for Christmas, back to Atlanta since I was going to leave today anyway. For whatever reason I appear to be the only one that can get her to behave and prevent her from terrorizing the flight attendants or shooting off her venomous mouth,” I asked.

“Arnold,” Penny said in just loud enough to break into his conversation. “If I may. I would like to mention that this exercise in police abuse has now caused Mr. Johnson to miss his scheduled return to Atlanta. I know that is the least of the matters you are facing in his regard. It is important to mention that he had agreed to escort one Robert Paul Stephen’s grandchildren back to Atlanta on an eleven thirty-five flight today. I believe you both know of Robert’s temper and Paul’s ruthlessness. Before I contact an associate in Atlanta, I wanted to give you two the courtesy of letting you know what was coming.”

Both men said “Oh shit!” at the same time.

As if Penny didn’t scare them enough as it is.

One stepped out to call Robert and the other Paul.

All this crazy shit and here I sit still chained to this damn chair and really need to take a piss, not to mention find some water.

“Uh Penny,” I asked as she almost headed out the door with the two men. “Would it be possible to get someone to call the SWAT guys to take me to the bathroom? I have been chained up here most of the night. A sip of water from a coffee cup in the break room, too, would not be bad either. I haven’t had anything to drink or used the bathroom since the Hard Rock last night. The chains barely afford me the ability to squirm just enough that my ass doesn’t fall asleep.”

She gave me with a horrified look and then went red with rage. After yelling for everyone to shut up, she told them that forcing me to remain chained to a chair and not being permitted to use the facilities was inexcusable.

“The Third Geneva Convention, Article Thee specifically prohibits outrages upon personal dignity, in particular humiliating and degrading treatment. In 2002, the US was charged with violating multiple prisoner’s rights under the Third Geneva Convention. The jury in Mr. Johnson’s lawsuit will be provided a summary of those claimed violations as I provide stock news footage of the Guantanamo prisoners which had their rights violated. Can you begin to fathom the outrage in the jury, as well as the media, when the final photographs shown are those of my client? The first showing how he is handcuffed, shackled, chained to a metal chair bolted into the floor and bound with cable ties around his ankles, legs and thighs? What about the one showing him having two assault rifles aimed at his head by members of your SWAT Team,” she asked and paused for effect. “I imagine their outrage will increase exponentially when I play the audio of my client asking to have your heavily armed and armored SWAT team members escort him to the restroom so he can urinate, as even that basic bodily function has been denied to him. Addressing his being the victim of the crime in which he was suspected to have committed isn’t required to obtain a multi-million dollar settlement on the mistreatment of a suspect by the police department.”

She left that hanging out there as she locked eyes with everyone in the room, and then out in the hallway, seeing who was going to jump to action first.

When no one moved to do anything she said, in a flat, stern, lawyer voice, “Let me say this very clearly. You will release my client immediately. If you fail to do so this audio and the live video feed will air on CNN in less than ten minutes from now.”

Yeah, ok. They are really damn slow around here. Assholes. I wonder if I could get away with demanding they post “slow adults working” signs around the police station as part of the settlement?

Their big shot lawyer told her, “Bluster all you wish Penny. You will not threaten the City of Philadelphia.”

“Arnold, that wasn’t a threat. It was merely a polite reminder that you have less than ten minutes before I become an ad-hoc CNN field reporter and camerawoman. The audio of this meeting is already streaming to the secured storage on their servers,” Penny told him with a predatory grin. “If you use your time wisely, you may just be able to contact the mayor and reach the governor before the footage airs.”

Dumb ass posturing bureaucratic lawyer.

Maybe that lawyer didn’t care, but someone within earshot did. I was finally ordered to have the cuffs, shackles, chains and zip cuffs removed. When I finished in the restroom I was to be given back my clothes and personal affects. Of course, since I wasn’t arrested, there should be nothing on my record. Whoever the big lawyer was here had gotten all details of this issue locked somehow so that it would not able to be searched by any cops anywhere. My previous questionings regarding the religious zealots, were also locked. Penny explained that it was like a speeding ticket for eight over the limit by a city cop in Georgia. Only the system used by the city cops would have any record and that would say it was dismissed. For someone to find details of this case they had to go through some extra work to get permissions to look at it. Not even a Top-Secret background check was going to be able to find this during their normal search processes, especially since I was supposedly just brought in for questioning.