The Fence - Dick Lehr [144]
Forget what Roach told you. “This isn’t a process of elimination.”
Taken together, the defense was a combination of attack on Mike’s motives and a chaos theory for the beating that would make impossible the jury’s task of assigning guilt. It was certainly true Mike’s case was circumstantial, and it was certainly true, as Drechsler noted, no witness would testify Burgio kicked Mike in the face.
This worried Sinsheimer. He could see why Burgio might be optimistic about his chances. Ted Merritt, despite naming Burgio a target in the criminal investigation, had never sought his indictment—a fact illustrating weaknesses in the evidence. Sinsheimer was worried about “getting over the rail” in their case. By that he meant getting past the possibility of the judge issuing a directed verdict for Burgio. That was when a judge threw out a case because the evidence was so lacking it was unworthy to even send to the jury for its consideration. With Dave Williams, they at least had Smut Brown saying he saw Williams hit Mike. With Burgio, the case was entirely circumstantial.
There was no looking back at this point. Sinsheimer believed, of course, the case was winnable, but not easily. The game plan, as Roach had told jurors, was a process of elimination, and the immediate need now that opening arguments were completed was to give the jury a powerful dose of the harm done to Mike Cox.
They called as their first witness Donald Caisey of the gang unit. The idea was to call a cop whose testimony would be brief and set the scene at Woodruff Way. Caisey filled that role. He testified about arriving at the dead end after the beating and coming upon Mike, seeing all the blood, and thinking Mike had been shot. “My experience with the injuries that he had is very similar to someone being shot in the head. Someone shot in the facial area where blood comes out of every hole or area in the face.”
The stage was now set for Mike. With Kimberly in the gallery watching, Mike strode to the witness stand and was sworn in. His voice was soft, and the reporters, knowing this was a key trial moment, shifted in their seats to hear.
“Mr. Cox,” the judge said, “could you pull your chair in a little bit?” It would not be the last time the judge would have to instruct quiet Mike Cox to speak louder into the microphone.
“Would you state your name, please, for the jury?” Roach asked.
“My name is Michael Anthony Cox.”
Moments before starting, the judge seemed to have rattled Steve Roach by refusing his request for a brief recess. It would have been a chance for Roach to collect his thoughts, but now he had to hurry and jump right in. The rushed start seemed to show during Roach’s initial handful of biographical questions.
“Where do you live?” Roach asked Mike.
“I live in Dorchester, Massachusetts.”
Seconds later, Roach asked again, “And do you reside in Boston?”
“Yes.”
“Which part?”
“Dorchester.”
Roach led Mike through a courtroom rendition of This is Your Life. Following his lawyer’s lead, Mike described growing up, his family, his marriage, becoming a police officer, and working with Craig Jones in the gang unit. After a while the judge grew restless with all the background. “Let’s get to this case, Mr. Roach.”
Roach followed suit. “Directing your attention to January 25, 1995.”
For the next hour Mike held the courtroom transfixed with a narrative that began with an urgent call that a fellow officer had been shot at Walaikum’s. Mike explained how he and Craig became the lead car at an intersection when the Lexus raced downhill and almost ran into their cruiser. He described the street clothes he wore that night, and, when Roach approached him with the long black parka, he stood to examine it. The jacket was admitted into evidence as Exhibit 15. He remained standing and, using a pointer, identified on the aerial blow-up of Woodruff Way the