The Fence Part 18

I want to thank the Boston police officers and law enforcement officials who helped me in my research. I want to thank, especially, Mike c.o.x. He was always a reluctant player in this project. Not surprisingly, Mike never wanted to be in the position of beating victim, and he was not enthusiastic about the case becoming the basis for a book. Given that, he nonetheless did not seek to obstruct the research and, indeed, at various points, sat with me for hours for a number of long interviews. I also want to thank Jim Carnell, Jim Rattigan, Bobby Dwan, Paul Farrahar, Jim Hussey, Jim Burgio, and Craig Jones. Some officers wished to go unnamed. I want to thank Kenny Conley; his wife, Jen; his sister Kris; and their families. The police department's press officer, Elaine Driscoll, and her staff were always gracious and helpful in tracking down public records.

In the Suffolk County District Attorney's office, I want to thank DA Dan Conley, press officers Jake Wark and David Procopio; in the U.S. attorney's office, I thank a.s.sistant U.S. attorneys Ted Merritt and Brian Kelly.

I thank Robert Brown, Mattie Brown, Indira Pierce, and their families for their openness and cooperation.

I am grateful to a number of attorneys, some formerly prosecutors, for their a.s.sistance: Robert Andrews in Portland, Maine; Saul Pilchen, Jonice Gray Tucker, and Robert Bennett of Washington, D.C.; Robert George, Robert Peabody, Tom Giblin, Robert Sheketoff, Willie Davis, Fran Robinson, and Roberta Golick-all of the Boston area. I would like to acknowledge the a.s.sistance of Superior Court Judge Carol Ball and U.S. District Court Judge William G. Young and his staff.

My agent, Richard Abate, made this book a reality. Thanks to Dan Conaway at HarperCollins for seeing the merit in the story, and thanks especially to Gail Winston, my editor, for her unflagging support, not only for this book but for my previous ones as well. I also thank Sarah Whitman-Salkin, Shea O'Rourke, and the entire HarperCollins team.

I was helped in my research with a grant from the Fund for Investigative Journalism, and I completed the book while a Visiting Journalist at the Schuster Inst.i.tute for Investigative Journalism at Brandeis University. I thank Florence Graves, the inst.i.tute's executive director, for her continued support for this project.

This book would not have been possible without the support and friendship of my colleagues at Boston University's College of Communication and the Boston Globe.

At BU, Bob Zelnick, past chair of the journalism department, and Lou Ureneck, the current chair, helped me juggle my cla.s.ses with my writing. Mitch Zuckoff has served as a longtime sounding board for ideas (and writing partner), and I thank him. Susan Walker, Paul Schneider, Bill Lord, Ken Holmes, John Schultz, and Sheryl Jackson-Holliday all helped out, with good humor, music, and various other ways. For research a.s.sistance, I thank BU journalism graduate students Erin Crosby, Rushmie Kalke, Emily Berry, and John Eagan.

At the Globe, past and present, I want to thank Larry Tye, Steve Kurkjian, and Sh.e.l.ley Murphy. Head librarian Lisa Tuite and librarians Richard Pennington and Wanda Joseph-Rollins were invaluable in finding and organizing news stories and photographs. I'd also like to acknowledge Mary Jane Wilkinson, the paper's managing editor for administration, and Toby Leith, the paper's content licensing manager, for their help. Thanks to David Butler for producing a fine map of Roxbury and beyond.

Gerry O'Neill read an early draft of the first half of the book, and I thank him for his insights, his partnership on other books, and his friendship going on two decades now. I've learned so much about journalism and investigative reporting from him. My grat.i.tude goes to another longtime pal, Dave Holahan, who, like Gerry, offered his thumbs-up after an early reading of the work-in-progress. I was lucky to have his wife, Kyn Tolson, and their son, Jackson, also read the ma.n.u.script. I thank my parents, John and Nancy Lehr, for their support.

David Bernstein, a writer at the Boston Phoenix, was helpful in tracking down stories regarding Jim Burgio that ran in his paper. Carl Todisco, the current owner of 60 Winthrop Street, was generous in giving me a tour of the house where Mike c.o.x grew up. Thanks also to Donna Kenney, a veteran ER nurse, for a tour of the former Boston City Hospital's emergency room, which was arranged by Maria Pantages and Ellen Berlin of Corporate Communications, Boston University Medical Center. I thank Mike's former cla.s.smates at the Wooster School, Vincent Johnson and Tim Fornero, for sharing their memories. Thanks to Rande Styger of the Wooster School for providing yearbook photos and other information about Mike's years at Wooster.

I thank my sons for their help and interest along the way-Christian for his expertise on hip-hop music and Nick for his careful reading of the ma.n.u.script. My daughters, Holly and Dana, are, quite simply, pure joy, and they made sure I didn't become an obsessive recluse during the research and writing.

My wife, Karin, was an inspiration throughout, listening to all the stories that are part of a project like this-about the people, the reporting discoveries, the obstacles, the highs, the lows, the breakthroughs. She read each chapter as it was written, with a keen eye, and was indispensable in creating the writing room day-to-day to keep the book moving.

Now that this one is done, it's time for Temenos.

AUTHOR'S NOTE ON SOURCES

Since 1997, I have written a number of in-depth newspaper and magazine articles for the Boston Globe about the c.o.x beating, Mike c.o.x, Kenny Conley, and Robert "s.m.u.t" Brown. In a city where politics, sports, and crime are king, the mistaken and horrific beating of Mike c.o.x by his fellow cops became a major story, a tragedy that was at once unprecedented and unforgettable. While the brutality may have resulted from a series of misjudgments and mistakes, what happened afterward turned the case into something more-a symbol of an intractable police culture. The failure to bring the beaters to justice became a drama featuring tribalism, abuse of power, race, and policing in a postaaffirmative action America. Cities and towns all across the United States confront at times the toxic mix of police brutality and corruption; the c.o.x case, unlike any other, dramatically illuminates the powerful gravitational pull on a cop to lie. The blue wall of silence held fast even when it meant standing silently as the beating of one brother went unsolved and another was sentenced to serve time in federal prison.

The Fence is a work of nonfiction. The characters are real. No one's name has been changed. The book is based in dozens of interviews with partic.i.p.ants and thousands of pages of testimony and other materials that are part of an official record that includes court trials, local and federal investigations, and labor arbitration proceedings. Listed below are those sources. Either by letter or other means, I sought to interview key people involved in the case. Most, but not everyone, cooperated. Fortunately, I was able to draw on the sworn testimony and official statements of those who declined to be interviewed.

The scenes and dialogue are based on the recollection of at least one partic.i.p.ant. For grammatical purposes, I occasionally altered the verb tense in a quotation. Where there was conflict regarding an event or someone's words, I was guided by the weight of the evidence-what seemed most plausible and reliable based on the reporting and interviews I conducted, along with the testimony, government records, and court rulings.

NOTES.

Please note that full forms are given in the appendices that follow.

PROLOGUE: JANUARY 25, 1995.

SWORN TESTIMONY AND STATEMENTS BY: Donald Caisey (c.o.x ACU); Kimberly c.o.x (c.o.x trial deposition, Daley arbitration); Michael c.o.x (c.o.x IAD, Suffolk GJ, c.o.x trial deposition, Burgio arbitration); Craig Jones (Suffolk GJ, c.o.x trial deposition, Daley arbitration); Gary Ryan (Suffolk GJ, Federal GJ, Daley arbitration); Isaac Thomas (c.o.x IAD, c.o.x ACU, Suffolk GJ, Burgio arbitration); Thomas "Joe" Teahan (Daley arbitration); Richard Walker (Suffolk GJ, Federal GJ, Burgio arbitration); David Williams (c.o.x ACU, Suffolk GJ, Williams arbitration).

INTERVIEW: James Rattigan: Oct. 27, 2005.

OTHER: Tour of emergency room at Boston City Hospital, Dec. 14, 2006. Tour and Suffolk County Property and Deed Records for 52 Supple Road, Dorchester. Tour of Woodruff Way, Mattapan, multiple visits.

RECORDS: Audiotape of Boston Police Department radio channel 9, Jan. 25, 1995. EMT records of Lyle Jackson, Jan. 25, 1995. Boston City Hospital medical records for Michael c.o.x, Jan. 25, 1995. Boston City Hospital medical records for Lyle Jackson, Jan. 25, 1995; Jan. 31, 1995.

NEWS ARTICLES: Chacon, Richard, "Four Men Arrested in Dorchester Shooting," Boston Globe, Jan. 26, 1995.

CHAPTER 1: MIKE c.o.x.

SWORN TESTIMONY AND STATEMENTS BY: Kimberly c.o.x (c.o.x trial deposition); Michael c.o.x (c.o.x trial deposition, c.o.x trial, Dateline NBC Nov. 2, 1999, Burgio arbitration, Daley arbitration); Craig Jones (c.o.x trial deposition).

INTERVIEWS: Michael c.o.x: March 12, 2006; Oct. 15, 2006. Craig Jones: Aug. 21, 2007. Seleata Emery: Oct. 10, 2005. Tim Fornero: Nov. 29, 2005; Dec. 1, 2005. Vincent Johnson: January 2006. Carl Todisco: July 8, 2005; July 13, 2005.

OTHER: Tour of 60 Winthrop Street, Roxbury, July 8, 2005.

RECORDS: Ma.s.sachusetts Department of Vital Statistics: birth certificate of Michael Anthony c.o.x, no. 9665: June 17, 1965. Wooster School Yearbook: Cla.s.s of 1984. Suffolk County Property and Deed Records for 60 Winthrop St., Roxbury. Boston Landmark Commission records for 60a62 Winthrop Street, Roxbury. 1962 photograph of 60 Winthrop Street, Roxbury: Bostonian Society, Robert Severy Collection. Brighton 13 case.

BOOKS AND ARTICLES: Beatty, The Rascal King, p. 166. Lukas, Common Ground, p. 17 and after. O'Connor, Boston A to Z, p. 27. History of the Carmelite Monastery, Roxbury: www.carmeliteofboston.org.

NEWS ARTICLES: "New Roxbury Police Division Opens," Boston Globe, March 8, 1971. "Masked Pair Loot Brookline Home of Publishing Executive," Boston Globe, Jan. 20, 1974. "Key, 4 Prisoners Disappear from Boston Police Lockup," Boston Globe, Jan. 16, 1975. "3 Policemen Suspended in Escape of 4 Prisoners," Boston Herald, July 8, 1975. Currier, Ann-Mary, "Business Declines as Crime Increases in Dudley Square Area of Roxbury," Boston Globe, March 27, 1995. Keeley, Bob, "Couple Invade Brookline Home, Seize Paintings," Boston Herald, Jan. 20, 1974. Miller, Margo, "Roxbury's New $3.5 Million Courthouse Opens with Quiet Fanfare," Boston Globe, Oct. 27, 1971. Taylor, Jerry, "Police District 2-Leads City in Violent Crime," Boston Globe, June 6, 1977.

CHAPTER 2: ROBERT "s.m.u.t" BROWN.

SWORN TESTIMONY AND STATEMENTS BY: Alton Clarke (Boston Police Department interview, Oct. 18, 1995); Jimmy "Marquis" Evans (Jackson murder trial); John "Tiny" Evans ( Jackson murder trial); Venice Grant (Boston Police Department interview, Feb. 9, 1995); Marcello Holliday ( Jackson murder grand jury, Feb. 15, 1995); Marvette Neal (Boston Police Department interview, Feb. 10, 1995); Stanley Pittman (Boston Police Department interview, Feb. 20, 1995); Kenneth Renrick (Boston Police Department interview, Feb. 18, 1995; March 9, 1995); April Ross (Boston Police Department interview, Feb. 14, 1995); Marcus Wiggins (Boston Police Department interview, Feb. 14, 1995); Willie Wiggins (Boston Police Department interview, Jan. 25, 1995; May 20, 1996).

INTERVIEWS: Robert Brown III in the c.u.mberland County Jail, Portland, Maine: March 8, 2006; March 9, 2006; April 3, 2006; July 25, 2006; May 25, 2007. Mattie Brown: April 14, 2006; Sept. 28, 2006; April 18, 2007; Jan. 20, 2008. Indira Pierce: May 7, 2006. Brian Roman: Jan. 13, 2007. Robert Sheketoff: Nov. 13, 1997; Dec. 14, 2005; Dec. 30, 2005; March 17, 2006.

OTHER: Tour and archival photograph research: Cortee's, 324 Washington Street, Dorchester. Tour and archival photograph research: Walaik.u.m's, 451 Blue Hill Avenue, Grove Hall. Tour of apartment number 224, 11 Franklin Hill Avenue, Franklin Hill Housing Project, Boston. Tour of 231 West Selden Street, Mattapan.

RECORDS: Suffolk County Property and Deed Records for 231 West Selden Street, Mattapan. Boston Police Department Arrest Booking Sheets, Jan. 25, 1995 for Robert Brown III, Ronald Tinsley (aka Darryl Greene), Jimmy Evans (aka Robert White), and John Evans (aka Anthony Wilson). Boston Police Department Mug-shot Forms, Jan. 25, 1995, for Robert Brown III, Ronald Tinsley, Jimmy Evans, and John Evans. Ma.s.sachusetts Criminal Offender Record Information (CORI) for Robert Brown III, Ronald Tinsley, Jimmy Evans, and John Evans. Letter by Robert Brown III to U.S. District Court Judge George Z. Singal, District of Maine, July 26, 2006. U.S. Federal Probation Reports on Robert Brown III: April 3, 2001; May 11, 2006. Boston Police Department Ho micide Information Sheet: Lyle Jackson. Boston Emergency Medical Transport Report ( Jay Weaver), Jan. 25, 1995, for Lyle Jackson. Boston Police Department crime scene photographs of shooting victim Lyle Jackson, Jan. 25, 1995.

NEWS ARTICLES: "Man Stabbed in Roxbury Melee," Boston Globe, Nov. 14, 1995. Barnicle, Mike, "Lyrics Reflect a Bleak Reality," Boston Globe, June 6, 1995. Delgado, Luz, "Restoring Neighborhood Pride in Four Corners," Boston Globe, Sept. 23, 1993. Saunders, Michael, "How New Kids Reach the End of Their Road," Boston Globe, June 9, 1994. Saunders, Michael, "From the Street to the Fleet, Rap Has Gone Mainstream, but Your Parents May Not Mind," Boston Globe, Dec. 6, 1995. Saunders, Michael, "Super Jam Puts Hub on Hip-Hop Map," Boston Globe, Dec. 9, 1995.

CHAPTER 3: KENNY CONLEY.

SWORN TESTIMONY AND STATEMENTS BY: Kenny Conley (c.o.x trial deposition; Dateline NBC, July 12, 1999); Bobby Dwan (c.o.x IAD; Dwan arbitration).

INTERVIEWS: Kenny Conley: July 5, 2001; July 6, 2001; July 11, 2001; July 16, 2001; Oct. 11, 2005; Nov. 4, 2005; Jan. 19, 2007; Feb. 19, 2007; March 27, 2007. Kristine Conley c.o.x: Nov. 3, 2005; Dec. 19, 2005; Feb. 19, 2007; several e-mail exchanges. Bobby Dwan: Dec. 31, 2005; Dec. 5, 2006.

OTHER: Tour of H Street area, South Boston, with Kenny Conley, Oct. 11, 2005. Tour of 78 H Street, South Boston, with Kristine Conley c.o.x, Nov. 3, 2005. Ride-along with Kenny Conley and Bobby Dwan through South End, Grove Hall, Roxbury, and Mattapan to Woodruff Way, Dec. 5, 2006. Tour of police chase route from Walaik.u.m's to Woodruff Way, April 21, 2006.

RECORDS: Ma.s.sachusetts Department of Vital Statistics: death certificate of Maureen Louise Burton Conley, no. 007550: Nov. 24, 1994; death certificate of Kenneth M. Conley, no. 004029: July 20, 2006. Suffolk County Property and Deed Records: Nov. 3, 1977, purchase of 78 H Street, South Boston, by Kenneth and Maureen Conley, book 9005, p. 198. 2000 U.S. Census information for 78 H Street, South Boston. 1970 and 1980 demographic data for 78 H Street, Boston Redevelopment Authority. Diary by Boston Police Lt. Det. John Daley: May 19, 1989, entry.

BOOK: O'Connor, Boston A to Z, pp. 295a300.

NEWS ARTICLES: Articles in the Boston Globe and Boston Herald on the death of Boston police detective Sherman Griffiths, Feb. 17, 1988, through April 1995.

CHAPTER 4: THE TROUBLED BOSTON PD.

SWORN TESTIMONY AND STATEMENTS BY: Kenny Conley (c.o.x trial deposition).

INTERVIEW: Robert Brown III: March 8, 2006; March 9, 2006.

RECORDS: St. Clair, James D. (chairman), St. Clair Report. Shannon, James M. (Ma.s.sachusetts attorney general), "Report of the Attorney General's Civil Rights Division of Boston Police Department Practices," Dec. 18, 1990. Affidavit of James M. Shannon, former Ma.s.sachusetts attorney general, on Oct. 15, 1998, in the c.o.x trial.

COURT CASES: Commonwealth v. Adams et al., 416 Ma.s.s. 558 (1993). Commonwealth v. Adams, Superior Court Civil 91a3150: Findings of Fact, Conclusions of Law, and Order by Superior Court Judge Hiller B. Zobel, May 8, 1992.

NEWS ARTICLES: "Chronology of the Stuart Case," Boston Globe, Jan. 5, 1990. Brelis, Matthew, "In City Newsrooms, Cynics Were Believers: The Stuart Murder Case," Boston Globe, Jan. 8, 1990. Craig, Charles, "Witness Tells of Police Beating," Boston Herald, Jan. 14, 1992. Craig, Charles, "Handcuffed Driver Was 'Badly Bruised' Says Former a.s.sistant Attorney General," Boston Herald, Jan. 23, 1992. Lehr, d.i.c.k, "Doubt Cast over Tiffany Moore Verdict," Boston Globe, May 4, 2003. Murphy, Sean P., and Locy, Toni, "St. Clair Panel Blasts Police Failings, Urges Roache's Ouster, Other Changes," Boston Globe, Jan. 15, 1992. Thomas, Jerry, "Mission Hill Wants Action over Searches," Boston Globe, Feb. 9, 1990. Wong, Doris Sue, "Woman Tells of Hearing Wails, Seeing Police Beat Motorist," Boston Globe, Jan. 14, 1992. Wong, Doris Sue, "Witness Saw Officers 'Do Nothing Wrong,'" Boston Globe, Jan. 23, 1992.

CHAPTER 5: MIKE'S EARLY POLICE CAREER.

SWORN TESTIMONY AND STATEMENTS BY: Kimberly c.o.x (c.o.x trial deposition); Michael c.o.x (c.o.x trial deposition; Dateline NBC, Nov. 2, 1999); David Williams (Williams arbitration); Richard Walker (Burgio arbitration).

INTERVIEWS: James Rattigan: Oct. 27, 2005. Seleata Emery: Oct. 10, 2005.

RECORDS: Boston Police Department statistics on racial and ethnic makeup, 1988a1991 per a Freedom of Information request. 1970 U.S. Census information for Boston. Psychological a.s.sessment of Michael c.o.x by Dr. Ronald P. Winfield: May 11, 1997.

COURT CASES ON AFFIRMATIVE ACTION AND THE BOSTON POLICE DEPARTMENT: Castro v. Beecher, 334 F. Supp. 930 (1971).

Castro v. Beecher, 459 F.2d 725 (1st Cir. 1972).

Castro v. Beecher, 365 F. Supp. 655 (D. Ma.s.s. 1973).

Paul DeLeo Jr., Thomas Barrett, Michael Conneely, Matthew Hogardt, Brendan Dever, Patrick Rogers, Christopher Carr and Brian Dunford v. City of Boston et al., U.S. District Court, District of Ma.s.sachusetts, civil docket 03a12538.

NEWS ARTICLES: Chivers, C. J., "From Court Order to Reality: A Diverse Boston Police Force," New York Times, April 4, 2001. Justice, Glen, "Police Commissioner Spends Night on Duty," Boston Globe, July 12, 1993. McGrory, Brian, "Bratton Named to Head Police," Boston Globe, June 30, 1993.

CHAPTER 6: CLOSING TIME AT THE CORTEE'S.

SWORN TESTIMONY AND STATEMENTS BY: Michael c.o.x (Daley arbitration; Burgio arbitration); Marcello Holliday ( Jackson murder grand jury, Feb. 15, 1995); Craig Jones (c.o.x trial deposition); Stanley Pittman (Boston Police Department interview, Feb. 20, 1995); Louis Reiter (c.o.x trial deposition); Gary Ryan (Daley arbitration); Thomas "Joe" Teahan (Daley arbitration); Richard Walker (Daley arbitration); David Williams (Williams arbitration).

INTERVIEWS: James Burgio: Sept. 22, 2006. Michael c.o.x: March 13, 2006. Robert Brown III: May 25, 2007.

RECORDS: Boston Police Department 1.1 Incident Reports: January 25, 1995: no. 50038785: 324 Washington Street "Shots Fired." Cortee's Lounge, no. 50038593: 324 Washington Street "Property Damage." Cortee's Lounge, no. 50037319: Norwell Street/ Harvard Street. Stop of 1984 Peugeot by Richard Walker. Boston Police Department Internal Affairs records for David Williams in the Ivey and Fernandes cases.

CHAPTER 7: THE MURDER AND THE CHASE AND CHAPTER 8: THE DEAD END.

SWORN TESTIMONY AND STATEMENTS BY: Robert Brown III ( Jackson murder trial); James Burgio (Burgio arbitration); Donald Caisey ( Jones arbitration, Daley arbitration); Kenny Conley (c.o.x IAD, Federal GJ, c.o.x trial deposition, c.o.x trial); Michael c.o.x (c.o.x IAD, c.o.x ACU, Suffolk GJ, Federal GJ, c.o.x trial deposition, Dateline NBC, Nov. 2, 1999, Burgio arbitration, Daley arbitration); Ian Daley (Daley arbitration); John Evans ( Jackson murder trial); Jimmy Evans ( Jackson murder trial, Federal GJ); Marcello Holliday ( Jackson murder trial); Janet Jackson ( Jackson murder trial); Craig Jones (c.o.x trial deposition); Louis Reiter (c.o.x trial deposition); Gary Ryan (Daley arbitration); Thomas "Joe" Teahan (Daley arbitration); Isaac Thomas (Burgio arbitration, Williams arbitration, Daley arbitration); Ronald Tinsley (Federal GJ); Richard Walker (Daley arbitration); David Williams (c.o.x IAD, c.o.x ACU, Suffolk GJ, Williams arbitration).

INTERVIEWS: Robert Brown III: March 8, 2006; March 9, 2006; April 3, 2006; July 25, 2006. Kenny Conley: July 5, 2001; July 6, 2001; July 11, 2001; July 16, 2001; Oct. 11, 2005; Nov. 4, 2005; Jan. 19, 2007; Feb. 19, 2007; March 27, 2007. Michael c.o.x: Feb. 19, 2006; March 12, 2006; Oct. 15, 2006; April 6, 2008. Bobby Dwan: Dec. 31, 2005. James Rattigan: Oct. 27, 2005.

OTHER: Ride-along with Kenny Conley and Bobby Dwan retracing route of chase, Dec. 5, 2006. Tour of chase route from Roxbury to Woodruff Way, April 21, 2006.

RECORDS: Boston police interviews with shooting witnesses at Walaik.u.m's. Boston Police Department 1.1 Incident Reports for shooting at Walaik.u.m's, including but not limited to report by Ron Curtis, injury reports by James Rattigan and Mark Freire. Emergency medical technician Jay Weaver's report on the condition of shooting victim Lyle Jackson. Emergency medical technician report on the condition of Michael c.o.x. Boston City Hospital medical records on the condition and treatment of Michael c.o.x. Medical records by private doctors in the ongoing treatment of Michael c.o.x following his beating.

NEWS ARTICLES: a.s.sociated Press, "Officer Taped Kicking Black Man Is Suspended," Boston Globe, Jan 19, 1995. a.s.sociated Press, "Officer Silent in R.I. Kicking Case; Union Blasts Chief for Comments; Mayor Warns of Disciplinary Action," Boston Globe, Jan. 20, 1995. a.s.sociated Press, "R.I. Officer Defends Kicking Man in Melee," Boston Globe, Jan. 28, 1995. a.s.sociated Press, "Providence Police Face Court Suit," Boston Globe, March 4, 1995. a.s.sociated Press, "Providence, Suspended Police Officer Reach Deal," Boston Globe, May 7, 1995. a.s.sociated Press, "Officer in Beating Back in Uniform," Boston Globe, May 10, 1995. Dowdy, Zachary R., "For Some, Fear Is Constant, Though Boston Crime Dips Figures Don't Equal Security, Bostonians Say," Boston Globe, Jan. 24, 1995. Dowdy, Zachary R., "Police Censure Three in Fatal Raid; Supervisor Suspended 30 Days Without Pay," Boston Globe, Jan. 27, 1995.

NOTES: My account of the unfolding of the shooting at Walaik.u.m's differs from that presented by the government during the Lyle Jackson murder trial in 1996. In arriving at an account that deviates from the theory the government presented at the trial, I have relied on the confessions of Robert Brown III along with statements given by John and Jimmy Evans, none of which was available at the time of the trial. This ill.u.s.trates what I referred to in my author's note: that, to resolve discrepancies in people's accounts, I have gone with the weight of the evidence and what, in my a.n.a.lysis, is most trustworthy. In a second instance, Robert Brown has testified that during the foot chase, Kenny Conley yelled at him, "Freeze, n.i.g.g.e.r." Kenny Conley has denied using those words, and, based upon the entire record, Kenny Conley's denial is credible. The security guard, Charles Bullard, has testified that he alone captured Tiny Evans, an account contradicted by police officers at the scene including but not limited to Craig Jones, Joseph Horton, and Bobby Dwan. I credit the police officers' account.