After a couple of delays, trial took place this week for Anthony Hopke--the armed gunman I struggled with on the night of my home invasion. I have been hesitant to write about the three pre-trial readiness dates or the actual trial until it was over. I knew I would be under a sequestration order and did not want even the vaguest chance that I would violate it.
Originally, pre-trial was supposed to take place in December 2008. The actual trial would be in February 2009. The accused's attorney was in a very serious trial regarding the destruction of the Castle West Apartment Complex. Our trial had to be delayed. A new date was suggested for late April, but the trial was finally set for May 5th.
On April 29th, we had our final pre-trial readiness date. Motions were brought forth to suppress evidence and three of them were denied. A motion was granted to suppress a drug arrest-so no mention of drug use could be made.
May 5th, jury selection began at 8:30 am. After a lunch break, jury selection finally concluded around 3:30 pm. The jury was given instructions about the case and I was called in as the first witness. That day, my stomach was tied in knots. I would not eat anything and all the water I drank ran through my body too quickly--I must have visited the restroom 5 times in two hours.
The defendants family attended the entire trial to support him. That's a really good thing. I have been to a lot of court appearances and I can tell you that in most cases, the defendants' families are nowhere to be found.
We also had supporters. My mother-in-law took off a week of work to sit through the trial. Additionally, new friends I have made over the past year came to encourage and edify us. In an earlier blog, I wrote of how small kindnesses carry great weight in times of trial. To come over to the courthouse and speak words of life to us in that setting, it made my heart swell.
The knots in my stomach were confusing to me. I had lived this story and I have told it to my friends and family. Months ago, I testified in preliminary hearings. On May 5th; however, the testimony seemed weightier.
The DA, Jim Bentley, started by having me introduce myself and talk about what I do for a living. I described my family and then my house. Mr. Bentley asked me to draw a diagram of the house to help illustrate how the crime went down. He then began introducing pictures of the house as exhibits. Finally, we recounted the events that occurred the night of the home invasion. I described what I saw, heard, and did. In reliving those moments on the stand, I not only choked up, I cried for my son. Even this week he had nightmares about people invading our house.
After about 90 minutes on the stand, the judge recessed until the next morning at 9 am. My wife and I left the courthouse and went out to eat at Mimi's Cafe. Suddenly, my stomach knots came undone, but I still did not eat very much.
Court actually started a little later than 9. I was nowhere near as nervous the second day even though I would be cross examined.
I have been on the stand and cross examined by the defense attorney before at the preliminary hearing many months before. He was harsh, if not brutal. He threw out wild accusations of all shapes and sizes using just enough detail to convince me that his client was guilty because, at the time, he had nowhere else to get his information. He had spoken to the defendant for about 30 minutes before the hearing convened and I was asked to give my victim statement. Typically, a defense attorney does not cross examine the victim during a preliminary hearing, but I had not objected when I first came on the stand, so I had to put up with it. The defense attorney's cross examination was really just an attempt at discovery--and he was called out on it. Since he really did not know the facts of the case, I surprised him with a couple of answers. I don't know why I get pleasure from making other people speechless, but it was particularly gratifying that day.
Back to this week: I should have been nervous on day two, since I was facing cross examination and yet, I was calm. My friend, Mark, had reminded me to remain calm, cool, and collected on the stand. Even so, when cross examined, I felt my defenses raise. He asked, I answered. He only stumped me on one question, "Mr. Williams, in all your previous testimony before this court, have you ever cried on the stand before? Yes or no, Mr. Williams." The answer was no. In previous testimony, I got angry and I got somewhat sharp tongued with this defense attorney, but I had not come to tears on the stand until that day. Otherwise, he was more gentle this time. Funny how he got so tame in the presence of the jury. On Mr. Bentley's redirect, I instantly felt my defenses drop again.
After I testified, my wife was put on the stand. Her testimony went for about 90 minutes before the court recessed for lunch. Back at 1:30 and she was kept on the stand for about two more hours. She carried with her a picture of my son to keep her focused on the reason she was there putting up with yet another violation of her privacy. Cross examination took at least two hours of her testimony--partly because she had to correct the defense attorney's dates and names of some of the subjects of testimony. She was followed by Sergeant Kull of the El Paso County Sheriff's office and testimony again closed for the day.
Wednesday, we did not have to testify. Testimony was taken from two detectives and two of the defendants acquaintances. Detective Boggs started the day, the two acquaintances bracketed lunch, and Detective Losasso finished the day. The defense did not call any witnesses. Not even a character witness.
Thursday morning the judge read instructions to the jury regarding applying testimony to the rule of law. Afterward, we heard closing arguments. Since testimony was complete, we were no longer sequestered and we were able to sit in on the arguments. Mr. Bentley pulled the pertinent details and exhorted the jury to find the defendant guilty. The defense attorney pulled out a copy of the rule of law and began to work through the jury instructions (previously given by the judge) starting at item 1. By item 6, everyone in the courtroom had looked at the clock at least once. The defense had no actual evidence to work with, so he urged the jury to throw out entire blocks of testimony if they had reason to doubt even the smallest detail given by a witness. Mr. Bentley came back with a reminder that the jury's job is to sort through the testimony of the witnesses to separate truth from fiction. Clearly, the district attorney had the better argument.
Following closing arguments, I was 85 to 90% confident we would get a guilty verdict, and quickly. My wife and I agreed that we expected a decision within 2 hours. Six hours later, I walked up the the court room and met the clerk who told me jury deliberations would continue Friday morning at 8:30. My wife and I decided to go to work. The decision would be made by the jury--whatever decision it would be. Friends and family prayed vigilantly for us throughout the week.
Friday we went to work. I can't say either of us could focus. My wife called the DA to thank him for working so hard on the case. She called our victims advocate and the detectives to tell them that we appreciated them as well.
By lunch time, no news. At 2 o'clock, we got a phone call. The jury had made a decision. We asked the DA and the victim's advocate, Mrs. Sorrels, to call us when the verdict was read.
20 minutes felt like hours. Finally, at 2:22, I got a call from the DA and the victims advocate. "Mr. Williams, is your wife with you?"
"No, I am at my office. She is at hers."
"I know that you got the call that a verdict had been reached." Yes, I got that call, was it wrong? Was it just a horrible joke?
"Yes, I got that call."
"We just got out of the courtroom. The verdict was guilty on 5 of 7 counts: burglary, aggravated assault, theft, menacing against you, and menacing against your wife. Not guilty on two counts. Do you want us to call your wife?"
"Thank you. Let me call my wife. Thank you again. We are thrilled." When I did call her, my first words were "Guilty on 5 of 7 charges."
I can hardly describe the relief. We can move forward with our lives. Maybe my son won't have nightmares when I tell him that the crazy guy is in jail.
Now we have some thinking to do. Sentencing is scheduled for July 2nd and we have to decide what we will say to the judge.
Across this country, friends, family, and even people we have never met have been in prayer for us. Some taking it as a vigil, others praying as they thought of us, others yet lifting us up in corporate worship. God heard those prayers--not only for the jury's verdict, but also to sustain us. Our time of mourning is over. The prayers must continue. A family is left behind without a father. . . In spite of the harsh looks they gave us throughout the trial, they are now in loss and they need support. It is my hope that they will turn to God.
Two other accomplices have yet to be tried in this case. I don't know if we will see those trials come to fruition, but for now, I am content, no, overjoyed to have this trial over. God's justice is perfect. If the two remaining are not tried in this life, they will have to account for their actions before the creator of the universe.
