A Cop Shamed a Young Black Judge’s Robe as a Costume — Then He Learned Who Was Presiding Over His Department’s Corruption Trial

Chapter 3

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Courtroom Three was already filling when Malcolm entered.

The room was enormous.

Dark wood.

High windows.

A raised bench.

Rows of benches for spectators.

At the front sat prosecutors and defense attorneys.

Behind them were journalists.

Behind them were members of the public who had followed the corruption case from its earliest days.

At 9:30, Malcolm entered.

“Please be seated.”

Everyone stood.

The bailiff announced the court.

Malcolm took his seat.

He looked across the room.

The Commonwealth's attorneys were ready.

Rebecca Sloan sat at the prosecution table.

Across from her sat defense counsel representing several officers.

But one chair remained empty.

Daniel Mercer was not officially a defendant.

Not yet.

He was listed as a material witness.

His name appeared forty-seven times in investigative documents.

His signature appeared on dozens of arrest reports.

His initials appeared beside evidence transfers.

And according to a sealed State Police report, Mercer had been present during at least six arrests now under investigation.

Malcolm opened his folio.

“Commonwealth v. Mercer County Police Department Special Enforcement Unit.”

Rebecca stood.

“Ready for the Commonwealth, Your Honor.”

Defense counsel stood.

“Ready for the defense.”

Malcolm nodded.

“This court is aware of the public interest surrounding this matter.”

He paused.

“Public interest does not alter the law.”

His eyes moved across the room.

“Nor does rank.”

Mercer was seated near the rear of the courtroom.

Their eyes met.

Mercer looked away.

The first witness was called.

Detective Aaron Bell.

Bell had served seventeen years.

He was visibly nervous.

Rebecca approached.

“Detective Bell, how many years did you serve with the Special Enforcement Unit?”

“Eleven.”

“And during those eleven years, did you observe irregularities in evidence handling?”

Defense counsel objected.

Malcolm considered the objection.

“Overruled.”

Bell swallowed.

“Yes.”

“What kind?”

Bell looked toward Mercer.

Malcolm noticed.

“Answer the question.”

“Evidence would sometimes appear in reports that wasn't documented at the scene.”

The courtroom murmured.

Rebecca continued.

“Who authorized those reports?”

Bell hesitated.

“Usually the arresting officer.”

“Who reviewed them?”

“Sergeants.”

“Names?”

Bell's hands trembled.

“Sergeant Mercer.”

Mercer leaned forward.

Defense counsel objected.

Malcolm sustained the objection as to hearsay, but allowed the Commonwealth to establish proper foundation.

The hearing continued.

Documents were introduced.

Emails.

Dispatch logs.

Photographs.

Property records.

Bank transfers.

Everything slowly formed a pattern.

Not one officer.

Not one bad arrest.

A system.

At lunch, Malcolm returned to his chambers.

Rebecca entered.

She closed the door.

“You understand what happened this morning?”

Malcolm looked up.

“Mercer tried to intimidate me.”

“No.”

She shook her head.

“He tested whether you were afraid.”

Malcolm leaned back.

“And?”

“And now he knows you're not.”

Malcolm looked toward the window.

Rain slid down the glass.

“That's not necessarily good.”

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A Cop Shamed a Young Black Judge’s Robe as a Costume — Then He Learned Who Was Presiding Over His Department’s Corruption Trial

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