“Yes.”
“You understand police encounters?”
“Generally.”
“You knew my client’s department was under investigation?”
“Yes.”
“You knew he might be target?”
“Yes.”
“You nevertheless chose not to identify yourself?”
“Correct.”
“You did not disclose federal credential?”
“No.”
“You could have?”
“Potentially.”
“Yet you did not.”
“Correct.”
“Why?”
She looked toward jury.
“Because he did not have lawful basis to require me to establish professional status.”
Defense counsel paused.
“You wanted to test him?”
“No.”
“You wanted to see what he would do?”
“I wanted him to leave me alone.”
A few jurors reacted.
Counsel continued.
“You argued with him.”
“I asked why he wanted identification.”
“You repeatedly questioned commands.”
“Yes.”
“You refused to exit initially.”
“I asked legal basis.”
“Would things have gone differently if you had simply complied immediately?”
The prosecutor knew trap.
She could say maybe.
Could say yes.
Instead:
“They would have gone differently.”
“Thank you.”
“That does not answer whether his conduct was lawful.”
Defense attorney frowned.
“I ask questions.”
She nodded.
He continued.
“When he took your phone, you reached toward it?”
“Yes.”
“Could that movement be perceived as resistance?”
“It was movement toward my phone.”
“Not yes or no.”
“Yes, movement could be interpreted.”
“Then he attempted to control you.”
“He already had control of my arm.”
“You resisted.”
“I pulled away when grabbed without explanation.”
“So you did resist.”
“I moved away from an unwanted grab.”
Defense counsel walked a few steps.
“And you were angry.”
“Yes.”
“Angry because you knew federal agents were about to search his department.”
“No.”
“Angry because you believed he was corrupt.”
“No.”
“Angry because?”
She looked directly at sergeant.
“Because he slapped me.”
Silence.
The defense attorney sat.
The jury convicted on several counts, acquitted on one related to an older stop where evidence was weaker.
The prosecutor was glad about acquittal.
Her sister found that strange.
“You’re glad he got acquitted?”
“On a charge government didn't prove beyond reasonable doubt.”
“Yes.”
“That’s how it should work.”
Her sister shook head.