The Brass Verdict

“Mr. Torrance, you are still summarizing. You claim Mr. Woodson confessed to the murders. So then, tell the jury what he said to you. What were the exact words he said to you when he confessed to this crime?”

Torrance nodded as if he were just then realizing what I was asking for.

“The first thing he said to me was ‘Man, I feel bad.’ And I said, ‘For what, my brother?’ He said he kept thinking about those two guys. I didn’t know what he was talking about ’cause, like I said, I hadn’t heard nothin’ about the case, you know? So I said, ‘What two guys?’ and he said, ‘The two niggers I dumped in the reservoir.’ I asked what it was all about and he told me about blasting them both with a shorty and wrappin’ them up in chicken wire and such. He said, ‘I made one bad mistake’ and I asked him what it was. He said, ‘I shoulda taken a knife and opened up their bellies so they wouldn’t end up floatin’ to the top the way they did.’ And that was what he told me.”

In my peripheral vision I had seen Vincent flinch in the middle of Torrance’s long answer. And I knew why. I carefully moved in with the blade.

“Did Mr. Woodson use that word? He called the victims ‘niggers’?”

“Yeah, he said that.”

I hesitated as I worked on the phrasing of the next question. I knew Vincent was waiting to object if I gave him the opening. I could not ask Torrance to interpret. I couldn’t use the word “why” when it came to Woodson’s meaning or motivation. That was objectionable.

“Mr. Torrance, in the black community the word ‘nigger’ could mean different things, could it not?”

“ ’Spose.”

“Is that a yes?”

“Yes.”

“The defendant is African-American, correct?”

Torrance laughed.

“Looks like it to me.”

“As are you, correct, sir?”

Torrance started to laugh again.

“Since I was born,” he said.

The judge tapped his gavel once and looked at me.

“Mr. Haller, is this really necessary?”

“I apologize, Your Honor.”

“Please move on.”

“Mr. Torrance, when Mr. Woodson used that word, as you say he did, did it shock you?”

Torrance rubbed his chin as he thought about the question. Then he shook his head.

“Not really.”

“Why weren’t you shocked, Mr. Torrance?”

“I guess it’s ’cause I hear it all a’ time, man.”

“From other black men?”

“That’s right. I heard it from white folks, too.”

“Well, when fellow black men use that word, like you say Mr. Woodson did, who are they talking about?”

Vincent objected, saying that Torrance could not speak for what other men were talking about. Companioni sustained the objection and I took a moment to rework the path to the answer I wanted.

“Okay, Mr. Torrance,” I finally said. “Let’s talk only about you, then, okay? Do you use that word on occasion?”

“I think I have.”

“All right, and when you have used it, who were you refer-ring to?”

Torrance shrugged.

“Other fellas.”

“Other black men?”

“That’s right.”

“Have you ever on occasion referred to white men as niggers?”

Torrance shook his head.

“No.”

“Okay, so then, what did you take the meaning to be when Barnett Woodson described the two men who were dumped in the reservoir as niggers?”

Vincent moved in his seat, going through the body language of making an objection but not verbally following through with it. He must have known it would be useless. I had led Torrance down the path and he was mine.

Torrance answered the question.

“I took it that they were black and he killed ’em both.”

Now Vincent’s body language changed again. He sank a little bit in his seat because he knew his gamble in putting a jailhouse snitch on the witness stand had just come up snake eyes.

I looked up at Judge Companioni. He knew what was coming as well.

“Your Honor, may I approach the witness?”

“You may,” the judge said.

I walked to the witness stand and put the file down in front of Torrance. It was legal size, well worn and faded orange – a color used by county jailers to denote private legal documents that an inmate is authorized to possess.

“Okay, Mr. Torrance, I have placed before you a file in which Mr. Woodson keeps discovery documents provided to him in jail by his attorneys. I ask you once again if you recognize it.”

“I seen a lotta orange files in high-power. It don’t mean I seen that one.”

“You are saying you never saw Mr. Woodson with his file?”

“I don’t rightly remember.”

“Mr. Torrance, you were with Mr. Woodson in the same module for thirty-two days. You testified he confided in you and confessed to you. Are you saying you never saw him with that file?”

He didn’t answer at first. I had backed him into a no-win corner. I waited. If he continued to claim he had never seen the file, then his claim of a confession from Woodson would be suspect in the eyes of the jury. If he finally conceded that he was familiar with the file, then he opened a big door for me.

“What’m saying is that I seen him with his file but I never looked at what was in it.”

Bang. I had him.

“Then, I’ll ask you to open the file and inspect it.”