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thrillerSimon: A Year On The Killing StreetsSun reporter Simon spent a year tracking the homicide unit of his city's police, following the officers from crime scenes to interrogations to hospital 22 страница



“If this doesn’t check out,” he says, sliding off the seat with the kid following him out of the car, “I know where to find you, right?”dealer nods agreement, then pulls the beret down on his forehead and disappears into the darkness. Edgerton takes another ten minutes to sketch his crime scene and asks the Southwest uniforms a few questions about the name he has just been given. If you see him on the street, he tells the patrolmen, pick his ass up and call homicide.half past three in the morning, Edgerton finally manages to get free for the four-block drive to Bon Secours and a visit with his dead man. He’s a big one, too-six-foot-one or so with a linebacker’s upper body and a tailback’s legs. A thirty-year-old addict who lived not a block from where he was shot, Gregory Taylor looks up at the ceiling of the ER through one glazed eye, the other having swollen shut from the fall on Payson Street. Catheters and tubes hang limply from every appendage, lifeless as the body to which they were attached. Edgerton notes the needle tracks on both arms as well as gunshot wounds to the right chest, left hip and upper right arm. All of the wounds appear to be entrances, though with a.22 slug, Edgerton knows, it’s hard to tell.

“He looks pretty mean, doesn’t he?” says the detective to a nearby uniform. “Big and mean. I guess that explains why there were two of them. I wouldn’t want to go out looking for this guy alone, even with a rifle. I’d definitely bring a friend.”physical evidence suggests two other things to the detective. One: The killing was an act of impulse rather than premeditation. Edgerton knows that from the weapons involved; no shooter with any semblance of professionalism would carry something as cumbersome as a.22 rifle to a planned drug killing. Two: The shooter was mightily pissed off at Gregory Taylor, ten shots fired being an obvious indication of displeasure.over the dead man’s torso, Edgerton draws a human form on a fresh page of his notepad and begins marking wound sites. As he does, a heavyset trauma nurse, her face locked in that unmistakable get-out-of-my-emergency-room expression, walks across the ER, closing the plastic curtain behind her.

“Are you the detective for this one?”

“Yes.”

“Do you need his clothes?”

“Yeah, we do, thanks. There should be a uniformed officer here to bag those. I’ll see-”

“There’s one out in the waiting room with the mother,” says the nurse, obviously torn between the joys of irritation and the satisfactions of efficiency. “We’re going to need this bed soon.”

“The mother is here?”nurse nods.

“Okay, then. I need to see her,” says Edgerton, opening the curtain. “One other thing. He didn’t say anything in the ambulance or once he got here?”

“A-D-A-S-T-W,” says the nurse.

“What?”

“A-D-A-S-T-W,” she says with a certain pride. “Arrived dead and stayed that way.”. Is it any wonder that the easiest extramarital affair for a cop is with an emergency room nurse? What other relationship could be so psychologically symbiotic, so happily diseased in its perspective? Hell, if they ever get bored with the sex, they can always go to a motel room and give each other attitude. A-D-A-S-T-W.swallows his smile before pushing through the double doors to find the fifty-eight-year-old mother in the waiting room.Taylor takes the detective’s hand but says nothing. Edgerton is usually good with the grieving mothers. An attractive, well-dressed man with carefully coifed salt-and-pepper hair and a rich, sonorous voice, he is a walking, talking reminder of the son they never managed to raise. Faced with black male defendants and juries of black women, city prosecutors love to get Edgerton on the witness stand for that very reason.

“I’m very sorry about your son.”mother shakes her head quickly, then releases the detective’s hand.

“We think this happened,” says Edgerton, choosing his words with care, “because of an argument that might have had to do with-”

“Drugs,” she says, finishing the sentence. “I know it.”

“Is there anyone your son might have had a disagreement…”

“I don’t know anything about his business,” she says. “I can’t help you with that.”contemplates another question, but the woman’s plaintive expression changes his mind. It’s as if she’s waited for this moment for years, waited so long that its arrival can be greeted with familiarity as much as grief.



“I’ll do my best,” Edgerton tells her, “to find the person responsible.”looks at him strangely, then shrugs a shoulder before turning away.

“Homicide,” says Edgerton. “How’s it going?”

“It’s going,” says the desk sergeant, unimpressed. “Nah, fuck that. It’s more than going. It’s gone. It’s fuckin’ history.”

“That bad, huh?”

“What can I do you for?”

“Got a writ for a prisoner,” says Edgerton, pulling out a custody form signed by a state’s attorney and tossing it on the Southwestern booking desk. Peering at the writ over the top of his reading glasses, the desk sergeant grunts, coughs, then grinds a cigarette into an overburdened ashtray. He takes the paper slip and steps back, checking the name against the cellblock prisoner log.

“Gone to city jail,” the sergeant says.

“You all just called and told me he was here,” says Edgerton. “When was your wagon run?”sergeant rechecks the name, then walks over to the cellblock door. Calling for the turnkey, he passes the paper through the bars, nods an acknowledgment to the man on the other side, then walks back toward the detective. Edgerton watches each labored movement, caught between amusement and exasperation. The Midnight Dance of the Universal Desk Sergeant, a performance that is somehow the same whether the precinct house is in Boston or Biloxi. Was there ever a desk sergeant who didn’t peer out over reading glasses? Was there ever a desk man who wanted to be bothered with police work at three in the morning? Was any station house desk ever manned by anything but aging civil servants, six months from their pensions, whose every movement seemed slower than death itself?

“Yeah, John Nathan. We got him,” the sergeant says finally. “He gave us a slightly different name.”

“Okay then.”

“You want him carryout, right?”

“Yeah, he’s going downtown.”minutes more and the cage door opens for a dark-skinned, pear-shaped kid, who steps slowly into the light of the booking area. Edgerton looks at the bloated little wonder that is his eyewitness and knows immediately that the Hollins Street murder is going down. He knows this from the kid’s demeanor. Because not only was this brain-dead corner boy clever enough to get locked up on a drug charge two hours after the shooting, he’s now standing here looking more sheepish than sullen. Three A.M. and the boy can’t even manage a decent eyefuck; when Edgerton pulls out his cuffs, the kid actually pushes his arms forward, palms up.

“Don’t keep him out too late,” says the desk sergeant. “It’s a school night.”old station house line, and Edgerton doesn’t laugh. The fat kid says nothing for a moment, then manages a sentence that is more of a statement than a question:

“You want to talk to me about Pete, too, man.”

“I’m the one who’s gonna talk to you for real,” says Edgerton, walking his prisoner out the booking area door and into the back seat of the Cavalier. Heading west on Lombard Street, Edgerton makes a point of gesturing toward the medical examiner’s building at the intersection of Penn Street.

“You want to wave to your friend?”

“Who’s my friend?”

“Pete. The boy from Payson and Hollins.”

“He ain’t my friend.”

“No, huh?” says Edgerton. “So I guess you don’t want to wave to him?”

“Where he now?”

“Right there. The white building.”

“What’s he doing there?”

“Not a helluva lot,” says Edgerton. “That’s the morgue, yo.”detective checks the rearview mirror and satisfies himself that there isn’t a trace of surprise in the fat kid’s face. He’s been locked up at the Southwest since early yesterday morning, but he knows about the murder.

“I don’t know no more about that shit,” the kid offers after a five-second delay. “Don’t know why you got to take me from the Southwest District to talk to me.”slows the Cavalier to the curb lane, then wheels around in his seat and glares hard at the kid’s dark, bloated face. The kid looks back evenly, but Edgerton can already sense some small kernel of fear.

“You don’t need to know,” says Edgerton coldly, turning back and speeding up again. “We’re going to start over like you never met another cop in your whole life. Just forget you ever dealt with a cop any other time in your life because they ain’t never talked to you like I’m gonna talk to you.”

“You gonna talk to me.”

“You got it.”

“I don’t know shit.”

“You were there,” says Edgerton.

“I wasn’t nowhere.”slows the car and turns around again. The kid actually flinches a bit.

“You were there,” says Edgerton slowly.time the fat kid says nothing, and Edgerton drives the remaining six blocks in cold silence. Two hours, the detective tells himself. One hour and forty minutes for fat boy here to tell me everything that happened on Payson Street; twenty minutes to write it up and initial each page.don’t mean much in the interrogation room; Edgerton proved as much to himself three weeks ago when he went at his best suspect in the Brenda Thompson killing in a third and final interview. That day, Edgerton went into the box predicting a confession and emerged six hours later with nothing but lies. Still, he can’t help but be optimistic this time around. For one thing, the kid in the back seat isn’t the target but merely a witness. For another, he has managed to collect a drug charge that can be used for leverage. Lastly, John Nathan has no heart; he proved as much a minute ago.at the homicide office, Edgerton shepherds the kid into the large interrogation room, then goes into his monologue. Twenty minutes later, the boy is nodding in semiagreement. In all, it requires a little more than ninety minutes before Edgerton has a viable account of the shooting on Payson Street, an account that conforms to everything he learned at the scene.Nathan’s account, Gregory Taylor was indeed burning customers with fake dime bags, then firing the profits into his own arms. Even judged against the fleeting standards of the urban drug trade, this was not exactly a long-term career move. Taylor eventually burned a couple boys from down by the Gilmor Homes, then made the mistake of staying out on the corner too long. The boys came back in an old pickup, jumped on Taylor with rifles and demanded their money back. Sizing up the situation correctly, the victim coughed up two $10 bills, but one customer was still unsatisfied. He opened up with the rifle, chasing Taylor across the intersection, firing one round after another as the victim collapsed on the asphalt. The two gunmen then ran back to the pickup and drove south on Payson toward Frederick.the brief interrogation, Nathan gives up real names, street names, physical descriptions and approximate addresses-every last little detail. When Edgerton walks back into the main office, he has everything he needs for a pair of search and seizure warrants.yet none of that seems to matter the following morning when the administrative lieutenant-the supervisor who serves as a direct aide to the captain-reads the 24-hour report and learns that Edgerton questioned a witness at the scene without bringing the man downtown. Inappropriate, the lieutenant complains. Irregular. Against standard procedure. Such behavior shows bad judgment, perhaps even laziness.

“What the fuck does he know about investigation?” says Edgerton angrily when Roger Nolan tells him of the complaints on the following midnight shift. “He sits in that office and does arithmetic. When did he ever get out on the street and work a case?”

“Easy, Harry. Easy.”

“I got everything I needed from that guy at the scene,” storms Edgerton. “What the fuck does it matter whether I talk to him there or here?”

“I know…”

“I’m sick of these fucking politicians.”sighs. As Edgerton’s sergeant, he’s caught between the captain and D’Addario, for whom Edgerton has become ammunition in a shooting war. If Edgerton handles calls and solves murders, he vindicates his shift lieutenant; if he doesn’t, he serves the captain and the admin lieutenant as prima facie evidence of lax supervision on D’Addario’s shift.now the situation is even worse. Not only does Nolan have to contend with the external politics, but he’s also got serious problems in his squad. Edgerton has become a lightning rod; Kincaid, in particular, can’t abide the younger detective.veteran investigator of the old school, Kincaid puts stock in the way a man serves his unit. By that reckoning, a good detective shows up early for work to relieve the previous shift; he answers the phone, handling as many calls as come his way; he covers for his partner and his squad members, helping them with witnesses or even scenes without having to be asked. It is a gratifying portrait of the investigator as a cooperative entity, a team player, and Kincaid has spent twenty-two years fashioning himself in that image. For seven of those years, he worked murders with Eddie Brown, an interracial team made especially amusing by Kincaid’s hillbilly drawl. And for the last two years, he has partnered with anyone and everyone on D’Addario’s shift willing to share a call with him.of which makes Edgerton simply incomprehensible to Kincaid. It isn’t so much a personal dislike, the older detective tells others in the office. After all, not two weeks ago he spent time with Edgerton at McAllister’s squad party, a summer barbecue to which Edgerton brought his wife and young son. Harry was good company that afternoon, even a little bit charming, Kincaid had to concede. Granting the differences in youth, in race, in his New York urbanity, Edgerton might not be Kincaid’s first choice for a drinking buddy, but in the end, the feud had less to do with personalities than with Edgerton’s lack of any communal instinct, his indifference to the station house camaraderie that had always been so valuable to Kincaid.Edgerton, the consummate loner, homicide investigation is an isolated, individual pursuit. It is, in his mind, a singular contest between one detective and his killer, a contest in which the other detectives, the sergeants, the lieutenants and every other organism in the police department have no appropriate role beyond getting out of the primary detective’s path. This was, in essence, Edgerton’s strength and at the same time his weakness. Share and share alike would never be his credo, and consequently Edgerton would always be a source of discontent to his squad. But when he did catch a murder, he wouldn’t shirk. Unlike many detectives who learn to work a murder only until the phone rings with the next dispatcher’s call, Edgerton would bury himself in a case file until a sergeant came along to drag him kicking and screaming to the next assignment.

“It’s hell getting Harry to take a case,” explained Terry McLarney on one occasion. “You’ve got to grab him by the shoulders and yell, ‘Harry. This one’s yours.’ But once you do that, he’ll work it to death.”, Edgerton will not handle his share of suicides, overdose deaths, or cellblock hangings. He will not take orders for anyone else when traveling to Crazy John’s for a cheesesteak, and if asked to bring something back, he will surely forget. No, he will not be a workhorse like Garvey or Worden, a central force around whom the rest of a squad establishes its orbit. And it is true that when some rookie cop fires six-on-the-whistle at the scene of some gas station robbery, Edgerton will probably not volunteer to help sort through witness statements and collate reports. But, if left alone, he will give a squad eight or nine good clearances a year.supervised Edgerton when the two were in the Eastern District, Nolan has for a long time understood the necessary tradeoff. Edgerton was one of the most talented, intelligent patrolmen in Nolan’s sector-even if the rest of the uniforms didn’t know what to make of him. He could be inconsiderate, at times even a little irresponsible, but nothing happened on that Greenmount Avenue post that he didn’t know about. The same was true up in homicide; Edgerton may drift off into the ether for a day or two, but Nolan could be assured that in the end, Harry’s cases would get worked. Hard.

“Don’t worry about it,” Nolan told Edgerton after one of Kincaid’s angry tirades. “You just keep doing what you’re doing.”Nolan, the trick was to keep his squad together by keeping the friction points apart. Everyone to his proper orbit: Kincaid with Bowman and Garvey, Edgerton, alone or with Nolan himself when he occasionally needed a secondary. Suddenly, however, that had become impossible.in the last week, Nolan had overheard Kincaid and Bowman ranting about Edgerton in the main office. That fact alone was unremarkable; everyone threw shit on everyone else in the squadroom. But it was notable that the administrative lieutenant-a pipeline to the captain-was present on each occasion.boss was a boss. For one detective to talk trash about another in front of a lieutenant was going too far. And while Nolan, alone among the sergeants, had no great love for D’Addario, he had no intention of seeing Edgerton used as ammunition in any prolonged power struggle.least one detective in the squad, Rich Garvey, was equally uncomfortable with that notion. As the man who handled the most calls in Nolan’s squad, Garvey was less than impressed by Edgerton’s work ethic. But he also didn’t want to see a fellow detective, a competent detective, burned over things that should never go further than the squad. Three days ago, at a quiet lunch in a Fells Point diner, he had said as much to Kincaid.

“Nolan lets him get away with too much,” Kincaid said bitterly. “Last midnight shift, that motherfucker was late every day but one.”shook his head. “I know it. I know you’re pissed off, Donald,” he told the older detective. “But you have to remember that Nolan would do the same for you. He’d cover for you, too.”nodded, understanding. “I know what you’re saying,” he said finally. “But I’ll tell you, if I was his sergeant, I’d bust his ass so quick he wouldn’t know what hit him.”

“I know you would, Donald.”lunch discussion helped establish a temporary truce; there would be no additional scenes in front of the admin lieutenant or any other boss. But Garvey and Nolan both knew that with Edgerton and Kincaid as the players, the problem wasn’t really solved. Sure enough, things are ugly again today, with the admin lieutenant asking questions about Edgerton’s performance on the Payson Street murder. By Nolan’s reckoning, the lieutenant wouldn’t even know to ask about Edgerton’s questioning of that witness at the scene. Not unless some other detective mentioned it.is still fuming about the lieutenant’s comment: “I’d like to hear what it is that he knows about investigating a murder. He wasn’t even there and he’s going to come out of that office and tell me how to do my job.”

“Harry…”

“I got more out of that guy out on the street than he’d get if he brought him in here and talked to him for two days.”

“I know, Harry, just…”spends another five minutes trying to placate his detective, but to little effect. When Edgerton goes ballistic, nothing can bring him back down for a few hours, at the minimum. Reaching a pause in his rant, Edgerton wanders off to a typewriter, where he begins pecking brutally at his search warrants.doesn’t matter that the PC in both warrants will be strong enough to obtain a judge’s signature. It doesn’t matter that the house on Laurens Street will yield.22 cartridges of a similar make and composition to those found at the scene. It doesn’t matter that when Edgerton and Nolan confront the young man living at that address and take out a pair of handcuffs, the suspect will nod knowingly and say, “I was wondering when you’d come.”doesn’t even matter when the same young man breaks down after three hours’ interrogation, implicating himself as the shooter in a full, seven-page statement. Somehow, none of that matters.less than a week after Edgerton’s arrests in the Payson Street murder, the same argument is still raging on. This time it’s Bob Bowman, who shares Kincaid’s opinions when it comes to Edgerton, sitting in the coffee room, telling five or six other detectives that Harry’s case isn’t going to court.

“He has one murder that’s gone down this whole year,” he says. “And I heard from Don Giblin that the case is so weak they’re not even going to take it into a grand jury.”

“You’re kidding me.”

“That’s what I heard from Giblin.”it isn’t true. The grand jury does indeed indict two men for shooting down Gregory Taylor on Payson Street, even after he tried to compensate them for the burn bags. And a prosecutor from the trial division is assigned to bring the case into court. And come fall, a circuit court judge will accept a twenty-year sentence and second-degree plea from the shooter, along with five years and fifteen suspended from the codefendant.so, all of that is irrelevant to the politics. Because in the homicide unit, in his own squad especially, Harry Edgerton has become the accepted target. For the captain, he is ammunition; for D’Addario, a potential liability; for his fellow detectives, an aloof, enigmatic pain in the ass.the same morning that the Taylor case goes into the black, Edgerton arrives for roll call to find that his lieutenant has posted a new sheet of yellow legal paper next to the board.

“Hey, Harry,” says Worden, pointing to the slip of paper. “Guess what?”

“Aw no,” moans Edgerton. “Say it ain’t so.”

“It’s so, Harry. You’re still up.”measured steps, Patti Cassidy walks her husband into the crowded courtroom, where all is suddenly silence. The jury, the judge, the lawyers-the entire assembly sits transfixed as Police Agent Gene Cassidy stretches his right hand, touches a wooden beam, then guides himself into the witness stand. Patti touches his shoulder, whispers, then retreats to a seat behind the prosecution table.clerk rises. “Do you swear to tell the truth and nothing but the truth?”

“I do,” says Cassidy, his voice clear.a place where partial victories and gray equivocations always seem to dominate, Gene Cassidy’s appearance on the witness stand is a startling moment. Cassidy did not see Terry McLarney and Corey Belt and the other Western men in the hallway, gripping his shoulders with a few attaboys and go-get-’ems before the courtroom doors opened. He cannot see his wife, primly dressed and eight months’ pregnant, in the gallery’s front row. He cannot see one of the jurors, the young white girl, crying softly in the back tier. He cannot see the cold rage on the judge’s face, and he cannot see Butchie Frazier, the man who blinded him with two.38 rounds, staring with strange fascination from the defense table a few feet away.courtroom is crowded, the gallery packed with Western officers in uniform, a show of solidarity that does not extend to the departmental brass. The Western District commander is not in attendance, nor is the chief of patrol or any of the deputy commissioners-a fact noted with some bitterness by the rank and file. Take a bullet for the company and you’re on your own; the bosses may show up at the hospital and they’ll definitely be on hand for the funeral, but the departmental memory is short. Cassidy’s appearance in court will be witnessed by no one above the rank of sergeant. The space remaining in the gallery is occupied by the Cassidy family, a handful of reporters, curious courthouse regulars and a few friends and relatives of Butchie Frazier’s.one point during the jury selection, his younger brother, Derrick, appeared in the corridor just outside the courtroom, where prosecution witnesses are seated before their testimony. He eyefucked one, talked trash to another and then was suddenly confronted by McLarney and two Western men, who offered him an opportunity to leave as a free man. Given the alternative of becoming a projectile launched into the rear of a police wagon, Derrick Frazier issued a few more obscenities and then turned on his heel toward the St. Paul Street exit.

“Okay,” said McLarney to a Western officer. “I guess we put him on the list, too.”uniform shook his head. “That motherfucker…”

“Fuck him,” said McLarney, unsmiling. “One of these days, we’ll be chalking him off.”McLarney, the Cassidy trial was unrelieved agony, an ordeal of empty hours spent in courtroom hallways and prosecutors’ offices. Because he was at the Clarence M. Mitchell Jr. Courthouse as a witness, McLarney was sequestered, and whatever happened behind the thick double doors of that second-floor courtroom was lost to him. As the most important criminal trial of his life lurched toward a verdict, McLarney could only watch a parade of witnesses from a bench in the hall, then buttonhole the prosecutors, Howard Gersh and Gary Schenker, during breaks:

“How’s it going in there?”

“Are we winning?”

“How’d Gene do?”

“Is Butchie gonna testify?”, McLarney spent the hours pacing the length of the second-floor hall and trying to calculate the odds. A 40 percent chance for first-degree, maybe 50 percent if Yolanda sticks to the grand jury testimony she gave against Butchie in February after passing the polygraph. Another 40 percent for second-degree attempted murder or attempted manslaughter. Maybe 20 percent for a hung jury or acquittal. At least, McLarney reasoned, they managed to land a decent judge. If you were a lawyer, Elsbeth Bothe could drive you crazy with her penchant for questioning witnesses from the bench, and, true, she had a few convictions reversed on appeal for commentary from the bench. But more important, from McLarney’s point of view, Bothe never got soft at the point of sentencing. If Butchie Frazier lost on points, Bothe would surely bang him.any other appointee to the Baltimore circuit court, Bothe could judge men with the confidence that comes from incumbency and an elective term of fifteen years. Her voice was a quiet rasp, a perfect vehicle to express an undying irritation with prosecutors, attorneys, defendants and the criminal justice system in general.the bench, she was master of all she saw, and what she saw was a courtroom carved from the northwestern corner of the ornate courthouse, a paneled courtroom with high ceilings and portraits of long-dead judges glaring down from the walls. At first glance, it was not the sort of place where questions of life and death ought to be decided; whatever dignity was conveyed by the dark woods of the judge’s bench and trial tables was utterly corrupted by the jumble of insulated pipe and metal ventilation work suspended from the ceiling. From certain angles, the judge appeared to preside in a courtroom created from a government office building’s basement.Bothe came to the Baltimore bench from the defense bar, where she had been one of the most talented attorneys in what was then a fledgling public defenders office. Many a man walked free of the Baltimore City Jail because Bothe had been his advocate, yet she could recall only one client among the hundreds she had defended whom she actually knew with any certainty to be innocent. It was, on reflection, the most appropriate history for a judge whose courtroom had become a cluttered stage for a large share of Baltimore’s homicide prosecutions. Black, or brown, or on select occasions an occasional white stray, they were brought to the Calvert Street courthouse in dull, dirty jail vans, then led in handcuffs and legchains from lockup to courtroom and back again to lockup. Poor, huddled masses yearning to be free, they were the daily feed for the trough, and whether by plea or verdict, they existed only to be consumed. Day after day, the lawyers were fed, the prisons were filled, the machine rattled forward. By choice and circumstance, Bothe was one of three city judges who, among them, handled more than 60 percent of the hundred and fifty or so murder prosecutions that made their way to circuit court each year. It was a grim, pathetic parade, a chain of human misery for which Bothe was psychologically as well as temperamentally suited.chambers said as much: Amid the Maryland code books and legal texts rested a collection of human skulls-mostly manufactured caricatures, one the real McCoy-to rival any anthropologist’s closet. On the walls were original front pages from old turn-of-the-century Police Gazettes, each one recounting the details of some shocking spasm of violence. To homicide detectives, such a peculiarity was especially comforting, assuring them that Elsbeth Bothe-like any self-respecting cop-was capable of enjoying the best parts of a good murder.that Bothe was some kind of hanging judge. Like everyone else compelled to deal with murder on wholesale basis, she was not above taking a light plea if it helped clear a crowded court docket of a cheap murder or two. This is the reality in Baltimore and every other American jurisdiction, where plea bargaining is the only way to keep the criminal justice system from strangling on its own caseload. The trick-for prosecutors as well as judges-is knowing which cases cannot be pled down.any reasoning, the case against Butchie Frazier could not be pled-not for anything that Butchie’s attorney could in good conscience accept. Prosecuting the case in tandem, Gersh and Schenker had offered fifty years, knowing that the maximum for first-degree attempted murder and a handgun charge would be life and twenty, which shakes out to about eighty years in all. Given the state’s parole guidelines, the ultimate difference to Butchie was maybe five years or so, but with any career criminal that kind of margin isn’t worth talking about. Guys like Butchie Frazier hear prosecutors talking double digits and their eyes glaze over.a result, the case went to a jury of twelve: eleven women, one man; nine black, three white. It was a fairly typical city panel, which, if it did nothing else of note, had managed to at least stay awake throughout the state’s case-no small accomplishment in a courthouse where judges are occasionally obliged to have a sheriff’s deputy nudge juror number three back into lucidity.jurors were downright fascinated by Yolanda Marks, who was a picture of both anger and fear on the witness stand. Yolanda had tried time and again to back away from her grand jury testimony in her pretrial interviews with prosecutors. Her courtroom answers to Schenker’s questions were all cold and monosyllabic and much of her testimony was laced with tears. Still, she gave up Appleton Street as Butchie glared at her from a few feet away.was followed by others, by McLarney testifying about the crime scene and Gary Tuggle, one of the two detail officers, testifying to the search for a suspect. Young, black, attractive, Tuggle was a necessity for this jury-a racial counterweight to Butchie Frazier, a subtle suggestion to black jurors that the system itself wasn’t altogether white. Then came the couple who had been walking south on Appleton Street from the corner bar, both of whom recounted the same shooting scenario as Yolanda, though both testified that they were too far away to identify the gunman. Still, they confirmed Yolanda’s account., there was the kid from the City Jail, another murder defendant who had quarreled with Butchie when both were in pretrial detention. Butchie had told him about the shooting, offering details that only the shooter could know.


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