"Guilty": Part Two [View all]

[H2O Man]

“What you think, you become.”
-- Gandhi



The morning started with the doctor who conducted the autopsy testifying. He was an impressive witness for the prosecution. His testimony proved -- well beyond a shadow of a doubt -- that my cousin’s son suffered severe injuries while he struggled to restrain the person who had just shot his father. The thug would “pistol-whip” him with five or six blows to the head with the pistol. The numerous autopsy photographs show where it tore the flesh from the young man’s face and head, and the enormous bruises and large welts it left upon the corpse of a 26-year old pacifist.

We arranged to keep my cousin, his parents, siblings, and others from being in the courtroom for this testimony. The photographs were enlarged to be seen on a large screen. What I saw was a brave young man, who willingly risked -- and lost -- his own life, in order to protect the father he loved.

Jimi Hendrix once said that everyone loves the dead, and that once you died, you had it made for life. Yet every so often, an extraordinary person lives and dies. And this is the young man that my family lost on that Monday, October 27, 2014. If I used this culture’s method of identification, I’d refer to him as my “second cousin.” But that is not accurate, It is certainly not as accurate as our culture’s method for identification.

My cousin is, in a literal sense, my brother. But it goes further: his late son was thus my nephew. With that comes responsibility; hence, my nephew is my “son,” just as his sister is my daughter. No dictionary changes that. Indeed, this culture’s definition of “family” is the most barren, unhealthy in human history. It provides the least support to two extremely important sub-groups: the children & youth, and the elderly.

My nephew was a classic example of a “gentle giant.” He stood about 6’ 5” tall, with the physical strength of a carpenter who enjoyed hard work. He loved science, and he loved animals. His grandmother (my aunt) has taken in abused animals for longer than I’ve been alive …..and those animals from recent years trusted this young fellow.

Like every one of his generation in my family, I enjoyed discussing high school, the opposite sex, music, and job opportunities with him. But we also had long conversations on other, often esoteric, issues ….such as college, the opposite sex, music, and employment options. On Friday, the 24th, he and I talked a good half-hour before his father got back from grocery shopping. He had resolved a conflict at work earlier in the day, and I was really impressed with his skills. It led to a discussion of union politics.

I remember when my cousin got home, my telling him how impressed I was with his son. I like “unions politics,” of course, and even more interested in dispute resolution. My nephew “got it,” so to speak. I remember telling my cousin how impressed with, and proud of his son I was.

The gunman testified that he was frustrated, because the young man was driving at 51 mph on a state highway. He didn’t mention that the recommended speed for the curve they approached was 45 mph. The thug admitted that my relatives pulled over, and let him pass them safely. He said that when he did pass their vehicle, my nephew gave him the finger. He felt so threatened by this, that he pulled into the parking lot to diffuse the situation. But, according to him, the pair followed him into the parking lot, and aggressively started to assault him.

He testified under oath that he only took his gun out to protect himself from being killed. Once he had opportunity to escape, he said, he ran to his vehicle, and drove off. After tossing the gun out the window, he went straight to the State Police station.

Then it was the DA’s time to cross-examine the human sludge. If one had believed the testimony he just gave, then the defendant was actually a meek lamb of a man, who was the true victim of the 10-27-2014 assault. If one thought the scumbag had lied on the witness stand, however, they were in for a treat, because DA Joseph McBride is something of a pit bull: he grabs hold of the Truth, and energetically shakes it free from lies.

He started by asking the thug about why he had lost his job as a security officer at Hartwick College in Oneonta …..the scum was fired for coming to work hammered, and bullying people on campus. Then he focused on the scum’s saying he had had two or three drinks in the hour before he shot the two victims. The scum admitted that he would had to have had at least nine drinks in that hour. More, he admitted that after the shooting, he continued to consume alcohol that he had in a “water bottle” in his vehicle, before he went to the police HQ.

The DA then focused their conversation on how, after at least nine drinks in approximately one hour, the scum got his handgun, and went out for a ride. DA McBride again stated the guy was furious when he left his house, and was intent upon shooting someone ….anyone who he happened to come upon in an isolated setting. He documented a series of lies the defendant told the State Police that afternoon. He caught the shithead in lie after lie after lie.

Perhaps the most interesting series of lies had to do with the creep’s massive collection of illegal guns. The defendant had purchased them while serving as a NYC patrolman; they were legal until the day he retired. At first, the scum claimed the NYC PD gave him a license after he retired; he went so far as to tell the DA he “should have done his homework.” But not only had the DA contacted the NYC PD, but they simply cannot issue a gun license for a retired cop in Chenango County.

The next lie came immediately: he had applied for the proper license, and it was “in process.” Nope. The DA documented that he had applied, but that the state had ruled that he could never be licensed in this state, due to his past behaviors.

The court recessed for lunch. During that time, the DA and I discussed how the case was going. I said I couldn’t see any grounds for appeal -- although the defense attorney had placed on record (three times) his belief that, because he was in county jail on the day the State Police searched his home, the defendant was not “in possession” of the weapons found in his home. The DA agreed, then told me that he believed the judge was going to render his verdict shortly after the closing arguments after lunch. This could only mean a guilty verdict, as a “not guilty” would take more time to prepare.

Closing arguments were relatively brief. The defense focused on my cousin’s use of the demon weed. I suspect this argument was 60 years past its expiration date. Then came DA Joseph McBride. He destroyed the defendant’s version of events, and exposed the numerous lies he had told the State Police before, and the court today. Indeed, if a witness gets caught telling a purposeful lie on the witness stand, the judge can dismiss virtually everything else they testified to. In this case, the defendant had lied under oath in his testimony more than a dozen times.

After a short recess, the judge announced that the scumbag was “guilty” on 15 counts. (Two were dismissed, because they were already covered in earlier charges.)

I was pleased when the defense attorney immediately came over to shake my cousin’s hand, and speak to him with human compassion.

I will say something about the murderer ….the other day, I noted that the only time his facial expression changed was when my cousin wept while describing his son dying in his arms. He gave my cousin a sneer that communicated his utter contempt -- as if “real men” don’t cry about such silly things. Then yesterday, when the autopsy photos were placed up on a large screen, he perked right up. You could see the pride he took in the severe damage he had done to a 26-year old man. (I think most people would, even if they had killed another human being in self-defense, would be upset by the experience.)

The reporters covering the trial had approached me during the recess before the verdict, and asked if they would be able to speak to my cousin after court. I said yes, and added that the “press conference” needed to include the DA. McBride also included one of the high-ranking BCI Senior Investigators, and my niece. While I’m not fully objective, I thought all four did extremely well.

The sentencing hearing will take place in about 30 days. The judge is ordering the usual pre-sentencing investigation. Though I’m retired, I know the folks who will do that investigation, and am confident they will do a good job. Also, I’ve been working with family and friends on “victim impact statements.” Some will be delivered in court; lots more will be mailed or e-mailed to the judge. These can come from anyone who wishes to communicate to the judge their opinions on how this thug has damaged the fabric of our society.

I’m going to be heading down to see me cousin soon. But before I do, it is important to me to again thank everyone here for their support through all of this. For a variety of reasons, my role within my extended family has included assisting in navigating the system, and being there to support everyone on every step of the way. A couple close friends -- who know my cousin et al very well -- assisted me. And my youngest daughter has really been here for me -- and our extended family -- and shown more strength than I might have thought was possible. During some of the most horrible testimony this week, I’ve been so proud to see her sitting with my uncle (who turns 88 next month), and holding him in her arms. While no family should endure such things, my daughter showed the strength that represents the power of family.

Thus, while I’ve had to detach to various extents during court, etc, I have been able to attach here on DU:GD. And I do not have words to describe how important that has been for me …..how much your kindness, compassion, and understanding means to me.

Peace,
H2O Man