the progress project [3]

1 4 9

everett

he sits with the others in the public gallery, anxiously twiddling his thumbs as derek sits behind his teacher, the defender of a dark-skinned man in a suit, who is sporting a black eye and several other wounds.

the teacher, a latino woman with her hair tied in a bun and professional jumpsuit with blazer, opens her folder, and places it in front of the witness, the police chief. "mr. howard, in 2014, you were accused of assaulting another person of color. is that true, mr. willhem?"

"yes," the man says gruffly.

"and is it also true that he was only suspended for a week due to 'misconduct in the workplace' for not following orders? did you or did you not refuse to acknowledge the fact that your officer beat not one, but two innocent black men? or should you be the one on trial?"

"objection! battering of the witness!"

"sustained."

"let me rephrase the question," she says, hands clasped together. "did you know that mr. howard attacked a black man for something minor?"

"yes."

the courtroom falls silent, and she returns back to her table. "you may step down," the judge allows the police chief to be seated.

the other lawyer, mr. coolridge, stands and slides a disc into the dvd player. mr. johnson sits at the stand. a video of mr. johnson, the recently ambushed man, angrily spitting at the cop, and reaching over... and that's when peter howard yanks him out of the car and throws him to the ground.

"mr. johnson, that is you in the video, correct?"

"yeah," the man says, looking uncomfortable being in the spotlight and having to speak.

"and did you or did you not lean over to grab something from the glove compartment, making it appear that you were looking for a weapon?"

"i was looking for my license."

"but it seems that you could be grabbing a weapon."

"well, yeah, i guess. but i wasn't."

"mr. johnson, your license wasn't even in the car. so what were you reaching for?"

"my insurance papers."

"you couldn't wait?"

"n—"

"that will be all." the lawyer sits, whispering rapidly to mr. howard in a supposed victory. everett's blood runs cold at the thought that they may win. the judge is white, the jury is mostly white... shit.

derek whispers something in ms. rivera's ear. "mr. howard, i have only a couple of more questions to ask before i make my closing argument."

the judge nods. peter walks to the stand and swears to tell the truth.

"why did you pull eric johnson over on march 15, 2019?"

the man adjusts his tie, clearly uncomfortable at having to be at the stand again. "didn't have a third tail light."

"and what kind of car did he have?"

"... chevrolet silverado."

"what year?"

"1979..."

she smiles. "the new york state law says that three red brake lights are required on a 1987 model and newer. since his car was a 1979, you had no right to pull him over."

the room falls into hushed murmurs, and the judge bangs their gravel to get silence as mr. howard's lawyer begins his closing argument.

everett zones out for a few minutes, until ms. rivera stands up for hers. "thank you, your honor. members of the jury, today you have heard the testimony about the harm done to eric johnson, a black man that has been convicted of not having a third taillight. i would like to remind you of some important information that you should consider in your decision. eric johnson reportedly did not have a third taillight, so when arrested, was not only wrongfully accused, but also unnecessarily beaten by a white police officer. why are we not addressing the truth that this case is a hate crime? how much longer will white police officers be able to get away with assaulting an innocent person of color and only be suspended for 'misconduct in the workplace'? you mean to tell me that it was an accident, that mr. howard believed eric johnson was reaching for a potential firearm or weapon, which is why he was thrown out of his car, did mr. howard still believe that it was an 'accident' before or after the fourth kick he threw stated in the medical examination that was mistakenly not caught on camera? mr. howard had no right to arrest this man in the first place, and he wants to say that it was because mr. johnson ignored the fact that he didn't have a third taillight, when in fact, mr. howard ignored the law. you mean to tell me that you believe in equal rights for all, special privileges for none, but then you allow a guilty man to walk free! how many people will have to die, or be seriously injured because of the color of their skin and the twisting of the law, before we take action? when will it end? how many more civil rights acts will we have to pass until it gives equality to every person in the united states?"

everett is awestruck at her combination of empathy and logic, almost missing what the judge says yet again.

"... you have heard the testimony concerning this case. it is now up to you to determine the facts: you and you alone, are the judge of the fact. once you decide what facts the evidence proves, you must then apply the law as i give it to you the facts as you find them."

the jury is escorted to the deliberation room to make their decision. everett's heart is racing; he's hopeful.