Keyshia and Clyde (25 page)

Chapter 39
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It killed Keyshia to miss the first day of trial, but out of respect for Ms. Hemmingway she opted to wait until it was in full swing before she snuck into the courtroom. Ceasar was there, however, and during the recess, Keyshia waited inside a nearby coffee shop for him to fill her in on everything that went on. She was especially happy to hear that Clyde was in good spirits.

The day ended as expected, and Keyshia knew that opening statements would begin the next day. She didn't leave anything to chance and went straight to her office, making a last-minute call to ensure everything and everyone was in place.

•                  •                  •

Later that night, Ceasar stayed up late with Keyshia as she went over the last-minute details of the case. Keyshia noticed that Ceasar was not himself.

“What's wrong, Ceasar, you been quiet all night. What's on your mind?”

Ceasar looked at Keyshia and hesitated. “I don't know. I'm starting to feel guilty from seeing Clyde on trial today.” He grimaced. “I mean, he didn't have anything to do with none of this, but I did, and he's been suffering for over seven years and I'm free.” Keyshia took off her reading glasses and listened to him share his feelings. “Here I am, guilty, and I let my little brother take the damn weight, Keyshia. What kind of man am I?” Keyshia tried to interject, but he stopped her. “No, hear me out!” he snapped. “I'm tired of feeling afraid and guilty. I can't take it any longer.” Keyshia realized that he had been carrying the burden of Clyde's incarceration for years. He looked at her and said, “Keyshia, I want you to tell them people that I was involved in the robbery so Clyde can come home.”

“Ceasar, you don't have—”

“Keyshia!” Ceasar screamed as his voice cracked. “Listen to me!” He paused and looked in her eyes so she could get the message. “I want you to tell them people that I was involved and I'm ready to testify.” Keyshia stared at him as he assured her, “If you don't do it, I'll go to them myself, but I know I can no longer go on knowing I didn't do anything for my brother.” Tears began to stream down his cheeks as he nodded to Keyshia with a smile and said, “I'm ready, sis.”

Keyshia hugged him. When they pulled apart, she had her head down because she knew that she would be losing him and couldn't do anything about it. She loved Ceasar just like a brother and asked him, “Ceasar, do you trust me?” Before he could answer, she reiterated, “I mean, do you really trust me?”

He nodded. “Yeah, you know I trust you, Keyshia, but I'm standing by what I said.”

“Okay, and I respect you for that and I won't stop you, but can you just do me one favor and give me two days? Two days—and if you're not sure that Clyde will get off by then, I'll rat you out myself on the evening news if I have to, okay?” Ceasar shook his head and smiled at her silliness.

“Okay?” she asked again, but this time she nudged him in his midsection, causing him to giggle. “Okay, now let me see those pearly whites.”

Ceasar smiled and yelled before she tickled him again, “Okay, Keyshia! But I'm serious. If all ain't over in two days, I'm doing what I said.”

“Is counsel ready to proceed?” asked the judge as he looked down from his bench at the prosecutor.

“Yes, Your Honor, the government is ready,” said T. Bernard as he rose from his seat and stood poised and tall and gazed at the jurors.

“Good morning, ladies and gentlemen. Let me introduce myself. I'm T. Bernard Williams, representing the United States of America in this important case.” He paused to let them feel the effect of his words. He appeared relaxed and confident as he approached the jurors to continue his sermon-style delivery. “My intention this morning is to help you foresee what you will hear over the next few days or weeks as you listen to evidence. I merely want to give you a general idea of the government case against Clyde Barker and thank you in advance for your patience and undivided attention. Your willingness to serve is a true reflection of your sense of civic duty and commitment to serve justice.” He was a master at seducing his audience when needed. “Let me say right up front that the government is aware of the burden of proof we bear in this case, and we are confident that by the end of the trial you will be able to see that we have more than met that burden. That is my promise to you. You will see from reliable testimony and hard evidence presented that the defendant had motive, opportunity, and means to commit the crime. In addition, we have firmly established the identity of the criminal offender to be that of the defendant in this case through evidence.

“Now, you will repeatedly hear the defense say that the government's case rests on circumstantial evidence, implying that because the defendant didn't enter the scene with the other men convicted of this crime, they weren't in concert. But in the law of our land, planning a crime is equal to doing the crime. But the defense will use terms like ‘innocent victim at the wrong place at the wrong time' or ‘victim of circumstances,' and basic common sense will serve you in seeing that this was merely his excuse for being in a place that happened to be the place of employment by someone so close to him—a bank!” As if it were a comedy performance, T. Bernard threw up his hands and said, “And it doesn't stop there, ladies and gentlemen. The person who was actually robbing the bank happens to be someone equally close to him.”

T. Bernard observed their eyes closely as he chuckled. “The evidence is going to be so overwhelming, ladies and gentlemen, that the defense”—he pointed in their direction—“will try to insult your intelligence by somehow making you believe that he was . . .” T. Bernard snickered sarcastically. “In the wrong place at the wrong time!” He ended his opening statement like that and swaggered back to his chair.

It was the defense attorney's turn to make an opening statement. “Defense, are you ready to proceed?” said the judge. Ms. Hemmingway sat back without saying a word, then rose suddenly and smiled.

“Yes, Your Honor. The defense is ready.”

She walked directly up to the jurors and gazed at each and every one of them and said in a soft yet confident voice, “Ladies and gentlemen, we are here today because a tragedy has occurred. An innocent young man, an innocent young father, an unsuspecting individual, was the victim of a senseless act. You and I could just as easily have been in the situation leading up to the event that brought us here today. But there is a second tragedy in this case, ladies and gentlemen.” Ms. Hemmingway's face turned mournful as her voice turned sorrowful. “My client, Clyde Barker, not only saved the life of an overzealous, thrill-seeking security officer, but possibly prevented the potential bloodbath of many others by standing up and saying no, putting his life in harm's way. In the process, the only gain he would receive was knowing he'd done the right thing. But today, he stands here before you wrongfully accused of a crime.”

Ms. Hemmingway walked over to where Clyde sat and pointed. “But before your very eyes, look where he sits.” All the jurors stared at Clyde, who still looked eighteen. “He is sitting before you in the fight of his life!”

Ms. Hemmingway walked with her head down all the way back to where they sat, as if she were exhausted and nothing made sense. She stretched out her arms. “Try to imagine, if you will, what it feels like to be falsely accused of the things the prosecutor wants us to consider. How would you react if you were in the same predicament, how would you react if this were your brother, your father, your son?” Ms. Hemmingway paused purposely to allow them to absorb the words. “What Mr. T. Bernard Williams failed to tell you, ladies and gentlemen, is that there is no real evidence linking my client, Clyde Barker, to the robbery other than being related to the real robber, who has already been charged and convicted for the crime. We cannot assume that because he is related to an individual who happens to be a career criminal, he should be convicted as well, nor should we depend on the kind of shoddy police work you will see exposed in the government case. Please keep asking yourself the hard questions, and remember there's always another side to every story. Mr. Williams is right about one thing so far: I will use terms like ‘wrong place at the wrong time' and ‘victim of circumstances.' ” Ms. Hemmingway said earnestly, “But I will promise you, ladies and gentlemen, that I will not insult your intelligence, because I'm sure you can separate the truth . . .” She paused and looked over her shoulder at T. Bernard and said sarcastically. “From . . . and pardon my expression, the bull!” Many of the jurors laughed. Ms. Hemmingway had drawn first blood, and T. Bernard knew it and stewed in his seat.

“Ladies and gentlemen, promise me you'll listen to the whole story and prevent another tragedy from occurring—the wrongful conviction of an innocent person. Thank you,” Ms. Hemmingway said. She nodded to the judge as she walked back to her chair and put her hand on Clyde's shoulder.

“At this time, ladies and gentlemen, there will be a fifteen-minute recess,” said Judge Denton. “Remember, nothing pertaining to the trial is to be discussed amongst yourselves at this time.”

Keyshia and Ceasar quickly slipped out the door to ensure she didn't attract anyone's attention.

“Mr. Williams, is the government ready to proceed?”

“We are, Your Honor.”

“Very well, you may call your first witness.”

T. Bernard stood and said in a booming voice, “The government calls Mrs. Clara Williams.”

The bailiff went to the witness room to bring out Mrs. Williams. He led her through the door and escorted her up to the witness chair, where she was sworn in and took a seat. Clyde immediately recognized her from the bank. T. Bernard walked over to where she sat and welcomed her.

“Can you state your name and occupation?”

“My name is Mrs. Clara Williams, and I work at the First Bank of Savings as a branch manager.”

T. Bernard smiled and asked, “Where is the bank located?”

“It's located on West One Hundred and Twenty-fifth Street in Harlem.”

“On the morning of May 16, 2001, do you recall where you were?”

“Yes, it was a Monday, and I was at my job.”

T. Bernard nodded. “Do you recognize anyone in this courtroom who was in the bank on the morning in question?” When she nodded. T. Bernard said, “Can you point that person out?” She looked at Clyde and pointed in his direction.

“Now, can you describe if the person is male or female and what they are wearing?”

“He is a male wearing a blue suit, white shirt, with a red tie with blue stripes.”

T. Bernard looked at the jury and said, “Let the record reflect that Mrs. Williams pointed at the defendant, Clyde Barker, who is wearing a blue suit, white shirt, red tie with blue stripes.” He turned his attention back to Mrs. Williams. “Now, Mrs. Williams, do you recall anything significant that happened at approximately eight twenty-five that morning?”

Mrs. Williams closed her eyes and took a deep breath. The jurors watched her every move. “Three masked men suddenly came through the door waving guns and ordered everyone on the floor.” Mrs. Williams began shaking as she thought back to the incident.

“Do you need a moment, Mrs. Williams?”

“No, I'm okay.”

T. Bernard stared at the jurors. “Were you confronted by one of the masked bank robbers?”

“Yes, one of the men came directly up to me and told me to open the door to the tellers.”

T. Bernard smiled at the jurors. “How many customers and employees would you say were in the bank that morning, Mrs. Williams?”

She thought back for a moment and said, “I guess about fifteen or maybe twenty at the most.”

T. Bernard had his back toward her and asked as he looked at the jurors, “Mrs. Williams, you mean to tell me that out of the entire fifteen or twenty customers and employees, the bank robbers came directly up to you and asked you to open the door to the teller room?”

She shrugged and said, “Yes.”

T. Bernard nodded and asked, “The defendant that you pointed out, his name is Clyde Barker. Do you know anyone he is related to?”

She leaned forward to the microphone and said, “Yes.”

“And who would that be?”

“Ceasar Barker, the defendant's brother.”

“And can you tell us who is Ceasar Barker?”

“Yes, he was an employee at the bank.”

T. Bernard watched the jurors' surprise and decided not to let go. He nearly raced to his table and lifted up a folder and announced, “Let the record reflect that in my hand I hold sworn testimony that one of the men who pleaded guilty to robbery of the bank in question is named”—he walked directly up to the jurors and held up the paper so all the jurors could see—“Sonny Barker!” Clyde cringed in his seat as all the jurors' eyes seemed to bore holes through him.

“Nothing else, Your Honor.” T. Bernard thanked Mrs. Williams and walked over to his table, satisfied that he had drawn blood.

“Cross-examination, Ms. Hemmingway?”

Ms. Hemmingway stood and greeted Mrs. Williams. “Mrs. Williams, may I ask you, how did you come to know Clyde Barker?”

“Well, he came into the bank and introduced himself as Ceasar's brother.”

Ms. Hemmingway frowned. “He told you this through his mask?”

“Oh no. He wasn't one of the men who came into the bank to rob the place. He came earlier looking for his brother.”

“So he had nothing to do with the bank robbery?”

“Objection!” T. Bernard shouted. “Defense counsel is leading the witness.”

“Sustained,” said the judge.

Ms. Hemmingway smiled. “Sorry, I'll rephrase the question. Was the defendant, Mr. Clyde Barker, one of the three men who came into the bank with masks on and waving guns?”