Road Rage Trial Update
“One man come in the names of love
One man come and go
One man come he to justify
One man to overthrow.”
-- U2; (Pride) In the Name of Love
April 4 is always an important date for me. I remember 1968 all too well. It actually took a struggle to get Martin Luther King, Jr., to be “officially” honored with a holiday. And I remember when, in the 1990s, during union negotiations with the county board of supervisors on a contract. We discussed holidays. When Martin Luther King’s holiday was mentioned, one republican supervisor told us we didn’t need it off, as “there aren’t many Negroes in the county.” Seriously.
I know, I know ….. I should have said, “Yeah, but we’re a communist union!”
I think it is more important to think about the accomplishments, and the meaning, of King’s life, than about his death. But, it is important to think about what he was planning, in those final twelve months of his life, and about how he was killed.
Today was also the first day of the man who shot my cousin and his son, on October 27, 2014. I think it must have weighed on my mind last night, as I would break off a tooth while sleeping last night.. Maybe it was a premonition of how brutal a day we were in store for.
The District Attorney, who I’ve known and respected for years, did an outstanding job with his opening statement. Now, I have far more, and much closer, personal relationships with defense attorneys -- and civil attorneys -- than prosecutors. But I’ve followed DA’s in a four-county region in upstate New York, and I have long considered this one to be the best. In fact, I helped run one of his re-elections, against a tea party candidate.
The defense attorney opted not to give an opening statement. I don’t know this fellow, but he seems pleasant outside of the courtroom. I appreciate that everyone is entitled to a fair trial, which demands a competent attorney to represent your best interests. He has a job to do, and I do not resent him for that.
The first witness was my cousin. He did very well on direct. The prosecutor pre-empted a topic we knew the defense attorney planned to focus on …..that my cousin, who worked as a carpenter for 33 years, and is retired in part due to physical injuries sustained on the job, at times smokes pot to ease physical pain. Now, please -- before you decide never to talk to me again because my cousin sometimes indulges in the demon weed (he doesn’t play piano, though), try to keep an open mind. His primary doctor has prescribed strong “pain-killers” for him, but he is not willing to take them. His doctor is aware that my cousin smokes pot to relieve pain, and he’s okay with it.
Indeed, on cross-examination, the defense attorney did spend a significant amount of time and energy focusing on pot. There are a heck of a lot of ways for a person to ask the same question. But this got beyond where it seemed like overkill. And it eventually got to my cousin, and he reacted with emotion.
There was then a series of other witnesses -- one gentleman who drove by, and four women who were nearby, hadn’t witnessed the shooting, but attempted first aide before the EMTs , ambulances, and state police arrived. They all told the same basic story. One mentioned something that the thug isn’t being tried for: he placed the gun at the back of my cousin’s head, but the bullet jammed, just before he sped away from the scene.
The final witness today was a BCI Investigator for the NYS Police. She was the first person to interview the murderer. Her testimony really only had just gotten started, when a series of “in chambers” discussions took place. She’ll be back on the witness stand in the morning.
Perhaps the most painful part for me today was to listen to the tape of my cousin’s 911 call for help. I’m glad that I heard, but wish that I never had. It was something that I will not soon get out of my head.
The strangest part was when, during the BCI Investigator’s testimony, a series of photos were introduced (and then projected upon a large screen). The gunman had taken a lot of blood, and smeared it strategically on himself, to indicate serious injuries. He was taken to an area hospital; upon being washed, he had actually sustain zero injuries from the two people he shot.
Other information included that he was well beyond the legal limit for intoxication, when tested more than two hours after being placed in custody, and the description of his massive, entirely illegal arsenal. This creep had an unreal amount of weapons in both his car, and his home.
I was also struck by the defendant’s almost absolute lack of emotion. On several occasions, he would sneer at my cousin. This included a look of utter contempt, when my cousin wept while describing his son dying in his arms. I am convinced that this creep actually feels that he is the real victim here, and was entitled to do exactly what he did. I found myself remembering that, after being arraigned in court, he asked the judge, “Can I leave now?” He saw no reason for them to put him in jail.
I was hoping to spend some time tonight, doing housework, paying bills, and mailing out some things to friends that I promised a while back. But my mind isn’t there. I’m not trying to make an excuse for falling behind on stuff. Yet, even in the hours since I returned home, I’ve had fifteen phone calls -- from relatives, friends, the media, etc. I don’t have the energy that I had when I was young. I will get things out to a couple DU community members. Seriously. But for now, I just keep thinking about how my cousin and his son lived life, and how that young man died. And I still can’t grasp “Why?” he died like that. Maybe I never will.
Peace,
H2O Man
= new reply since forum marked as read
In '81 I lost two cousins to a drunk driver that had killed before. His trial was out-of-state, and the public uproar ended up in sentencing laws changing in the state of Washington.
I don't think I'd have the emotional strength to sit in a courtroom as you are. I wish you peace, and whatever resolution is possible for you under the circumstances.
I hold you and your cousin in my heart.
I can't imagine going through this. Know that we're thinking of you.
I cannot begin to imagine the pain you're feeling. Sometimes, putting feelings and experiences into words can be therapeutic. I hope that's the case for you. If you're able, please continue to share your story with us. We're here for you.
The next few days/weeks will certainly take a toll on you and yours
Zero remorse for taking a young man's life like that.
We feel bad for you, H2OMan, and your cousin. I hate that your family is suffering like this.
If updating us helps you, if it's therapeutic in some way, then by all means...but if it hurts too much, we'll understand. Sometimes your heart and brain need need to rest.
You may never arrive at an answer as to why this happened that will satisfy you.
That's what happened for me, many times, never being able to figure out why it happened.
Just accepting it and moving on, didn't seem sufficient to placate my reasons for wanting to know why something like that had happened.
But, eventually, I had to accept it because thinking about it a lot during my down time was driving me nuts trying to make sense of it all.
peace....peace....peace.... is all my prayer for you and yours.
With love,
Hekate
and no doubt it is a drawn out traumatic event for you and your family.
when you are not there supporting your cousin and family - and one another - please do not neglect self care - breathing fresh air, drinking nourishing drinks, sustaining yourself with nourishing foods. go for a walks when possible (if possible). spend quiet time with a pet or whatever soothes your soul.
get some magnesium and calcium in you before bed to relax the tension in your jaw.
the smoke from the sage and cedar today was thick and pungent - more so than yesterday and the day before - may the prayers and intent be carried through the ethers to keep your hearts strong. be at peace.
in a good way, hopemountain
Peace to you, your cousin, and your whole family.
I hope that typing all of that helps you heal just a bit. Hugs from Europe.
but my heart is with you during this ordeal. It's undertandable to wonder why something happens. I think we all do, when something horrible happens by "chance" to someone we love.
Have you considered getting some grief counseling for yourself? You may need it before this is over...as if it will ever really be "over".
I am so glad the witness was able to get in the fact of his attempt to kill your cousin too. The judge may have already known that, but it really needed to be part of this case. And the blood smearing? I hadn't heard about that before. That is pretty condemning. I thought he took off and had to be chased down by license number. It seems that too would be pretty condemning. I guess, even if he thought he was innocent (how could he possibly think that?), he would still want to run just because of the alcohol in his system.
I wish there was a way to make this easier, shorter, less painful...but that's not the nature of trials.
I hope for your family's sake, he is put away for a very long time. Being a police officer though, I somehow doubt that will be the result of this case. But we can hope for it.
Take care, and don't be hard on yourself. You've got enough on your plate right now without that. This sort of thing can suck your soul out, as much as all your energy.
All of my love and and healing good will to you and yours.
Thanks for the update.
