Testimony Supports Caruso

By: Karen ShieldsOn Sept. 18, 1998, Frank Caruso Jr., 19, a white Armour Square resident, was found guilty of aggravated battery and committing a hate crime for his involvement in the March 21, 1997, beating of Lenard Clark, a 13-year-old African American. At Caruso’s sentencing on Oct. 15, four people testified against him and 10 testified on his behalf. Two African American ministers spoke for Caruso: the Rev. B. Herbert Martin, pastor of Progressive Community Church, 56 E. 48th St., and the Rev. Floyd Davis, pastor of Pilgrim Baptist Church, 3301 S. Indiana Ave.
Cook County Circuit Court Judge Daniel Locallo presided over the trial and sentencing. Assistant State’s Attorneys Ellen Mandletort and Robert Berlin prosecuted the case. Edward Genson, Sam Adam, Rosanne Pulia and Michael Pagano represented Caruso.

The following is the unedited testimony of Martin and Davis. For more information, read "Clark Beating Shatters Fragile Racial Alliance."

The People of the State of Illinois v. Frank Caruso
[Case No. 97 CR 12143].

REVEREND B. HERBERT MARTIN,

called as a witness on behalf of the Defendant herein, having been first duly sworn, was examined and testified as follows:

DIRECT EXAMINATION

BY MR. GENSON:

Q. Would you tell us your name, spell your last name, please.

A. I'm Reverend B. Herbert Martin, M-a-r-t-i-n.

Q. What is your vocation, sir?

A. I'm a pastor.

Q. And you are a pastor where?

A. The Progressive Community Church, 56 East 48th Street, Chicago, Illinois.

Q. How long have you been pastor of that church, sir?

A. Eighteen years.

A. And with regard to the ethnic makeup of that church, am I correct to saying that the majority of the parishioner Afro-American?

A. Yes, sir.

Q. Is it a large church?

A. 2200 plus.

Q. Now, I'm going to ask you, do you know the Caruso family?

A. Yes, sir.

Q. How long have you known them?

A. Approximately twelve years.

Q. And could you tell us how you -- what occasioned you to meet the family?

A. Through various number of community service activities.

Community service projects between Grand Boulevard, and Bridgeport at first. But then, expanded to Canaryville, Chinatown and Armour Square.

Q. And explain what kinds of -- explain some of those projects?

A. Mainly they were community projects aimed at alleving the pain of poverty experienced by a number of people, both in Grand Boulevard particularly along the State Street corridor there on the near south side of Chicago. They would have been projects focused on clothing for children. Particularly during the wintertime for coats and caps and socks for those kids who didn't have clothing to -- for school. It was also focused around stocking food pantries to take care of the ever increasing need of hunger in our community. There were activities focused around violence reduction, anti gang activity and so forth.

Q. And was there a particular organization that you were -- you worked closely with during that period of time or at least initially?

A. Yes. One in particular. The old neighborhood Italian American Civic Organization.

Q. Is that where you met Frank Caruso Senior?

A. Yes. It was through those activities.

Q. Now, those projects, the projects that you have with that area and the area you're in and the area that the Old American Italian American Association is in, revolved in good deal around holidays, did they not?

A. Holidays. Special events that we may be having between the communities. As I said earlier, there's a anti gang, anti drug type violence reduction activity.

Q. During the ten years that you know them, did you have occasion to receive or did your parishioners receive items that were furnished by Frank Caruso and the Italian American Association?

A. Along with a number of community residents, the children in particular.

Q. Right.

A. Coats and toys. These kind of items. That would have been stuffed in Christmas baskets and so forth.

Q. Food also?

A. Food.

Q. Now, did the -- were there young people involved in the distribution of these items?

A. Hundreds of young people.

Q. Did you have occasion during the ten years that you have been involved in doing this for your area, come to know Frank Caruso Junior?

A. Yes, I did. Frank was among the number of young people, you know, responsible for packaging and delivering boxes and bags of toys and food stuff, Christmas baskets, Thanksgiving baskets and so forth.

Q. Did you have occasion again during these ten years to come to speak as a representative of your church in your area with -- at the Italian American Association and other organizations in that area, sir?

A. Yes, I did.

Q. During that period of time, again, ten years preceding the incidents in this case, did Frank Caruso Senior and Junior have occasion to attend your church from time to time?

A. Yes.

Q. Did you, during that period of time, have occasion to be pastor for a period of -- to that family?

A. Yes.

Q. Now, calling your attention to March 21,1997, you're aware of the -- certainly aware of the incident regarding the young man, Leonard Clark?

A. Yes.

Q. During that period and subsequent to that period, did you, along with others institute certain projects in response to what occurred that day?

A. Yes, we did.

Q. Could you tell the judge what they involved?

A. These were a series of healing services based on the whole fact of trying to bring better understanding between Bridgeport, Canaryville, Chinatown, Armour Square and the Grand Boulevard

community. Mainly they were worship services focused on prayer and racial healing and racial understanding. That's what they were.

Q. Would you tell us how many services there were, sir?

A. 3

Q. Would you tell us where the first one was held?

A. At my church at 56 East 48th Street.

Q. And can you tell us approximately how many people attended?

A. Approximately 1500.

Q. How many of those 1500 were from the area your area and how many of those 1500 were from the Bridgeport, Armour Square, Canaryville area?

A. I'd say about half/half.

Q. And the 1500 about half/half prayed together?

A. Yes.

Q. Were there any dignitaries that came relative to that first service?

MS. MANDELTORT: Objection, Judge. Relevance.

THE COURT: Overruled.

GENSON:

Q. Sir, you may proceed.

A. Yes. There were a number of dignitaries present.

Q. Would you name a few?

A. Well, the Governor of the State of Illinois, Governor Edgar was present. And a number of state officials were present. A number of community organizations leadership from both communities present. And an assortment of religious leaders from around the city.

Q. With regard to the program, would you say that members of your -- of your church and members of in the churches Bridgeport chaired the program?

A. Yes.

Q. Did you help officiate, sir?

A. Yes.

Q. Would you tell us when the second of the 2 second of the 3 occurred?

A. The second one occurred in Bridgeport at the 17 Santa Lucia Catholic Church there near Wells. Wells and 31st Street.

Q. Again, approximately how many people fun attended?

A. An overflow crowd all the way out into the street.

Q. Can you tell us the racial -- how many -- percentage of African American -

A. Once again about half and half.

Q. Did people there sing and hold hands together there and pray?

Yes. A very good time together. Right.

Q. Could you tell us where the -- when and where the third of the healing services took place?

A. The third service took place at the Progressive Baptist Church located about 36th and Wentworth. Yeah.

Q. And could you tell us again how many people attended that

A. Approximately 3000.

Q. And of the 3000, could you tell us how many people were from the Bridgeport area that had gone to the Progressive Baptist Church?

A. I'd say about half and half again.

Q. Again, were there dignitaries at that service?

A. Yes, there were. A number of them. This service was unusual than the other 2. This one was broadly interfaith, including Christians, Muslims and Jews.

Q. And with how many -- and was there a representative from the Catholic Church?

A. Yes.

Q. Tell us who --

A. Both Protestants and Catholics were present.

Q. Cardinal George attended that service?

A. Yes. Cardinal George did.

Q. Now, since that day, since the period of time since that happened, did you have occasion to act in addition to the organizational capacity bringing this healing together, communities together as a pastor to the Caruso family?

A. Yes. You're correct. We were working very strongly in all of the communities to promote racial healing and racial understanding.

Q. Go on I'm sorry.

A. Yes. Inviting all the residents from all communities to be fully present and participating to offer prayer for healing, and racial understanding.

Q. Did the Caruso family itself come to you as a pastor?

A. Yes.

Q. And did you minister to them?

A. Yes, I did.

Q. Could you tell us how many -- how often you would see you -- how often you would talk to Frank Caruso Senior?

A. Perhaps weekly.

Q. And Frank Caruso Junior?

A. I would see him, yeah, approximately weekly.

Q. Did you have occasion to visit his home and talk with him?

A. Yes, sir.

Q. Since he's been incarcerated these last few weeks, did you have occasion to visit him at the jail?

A. Yes, sir, I have.

Q. Have you had a pastoral relationship with him, sir?

A. Yes, I have.

Q. You have written a letter with regard to your views as to the sentencing in this case?

A. Yes, I have.

Q. And what are they, sir?

MS. MANDELTORT: Objection to the form of the question, Judge.

THE COURT: Overruled. Overruled.

MR. GENSON:

Q. What are they?

A. First I describe in the letter, you know, an African American, I understand clearly racism and bigotry. I, as a product of the State of Mississippi, also am a victim of a racial beating at the hands of white races. I make that plain in the letter. I follow that -- I follow that by saying that in spite of the great hurt that I sustained, I believe in the power of forgiveness. And that through the power of forgiveness, I learn to forgive my enemies, therefore, having power over the enemy. I conclude the letter by saying that in light of my relationship to Frank Caruso Junior, is that leniency and mercy should be considered in his sentencing. And I conclude the letter.

Q. Have you -- when was the last time you talked to Frank Caruso Junior?

A. The last time I talked to Frank Caruso Junior was last night.

MR. GENSON: I have no further questions.

CROSS EXAMINATION

BY MS. MANDELTORT:

Q. So I'm clear here, sir, you believe in the power of forgiveness, is that correct?

A. You're right.

Q. And you forgive the enemy, is that correct, sir?

A. You are right.

Q. And in the crime -- in the world of racism, the enemy would be races, would that be fair to say, sir?

A. You're right.

Q. You are sitting here today, sir, testifying on behalf of a man who was convicted of a hate crime, are you not, sir?

A. You're right.

Q. A man who was convicted of beating a young black boy simply because of the color of his skin, is that correct, sir?

MR. GENSON: Your Honor -- I have a difficult time--

THE COURT: All right. Ladies and gentlemen.

THE WITNESS: Let me --

THE COURT: Just a minute, Reverend.

This is a court of law. Everybody who has attended these proceedings have conducted themselves in a proper way. No reason to stop now. Question is asked, witness will answer. There's no need for any reaction from the audience. Not a circus. All right. You may proceed.

MS. MANDELTORT:

Q. You are testifying, sir, on behalf of a man who was convicted of beating a black child merely because of the color of his skin, is that correct, sir?

A. I'm in agreement with the verdict of the jury. And the evidence before the jury clearly indicates my position.

Q. The question I asked you, sir, is you are testifying here on behalf of a man that was convicted of beating a black child merely because of the color of his skin, is that correct?

A. The evidence before the jury clearly indicates and the verdict that is rendered by the jury, I'm in complete accord with that. I have--

Q. I understand that, sir. But the question I'm asking is simply, you are here testifying on behalf of the man who was convicted of that crime, correct?

A. Yes.

Q. In fact, you regard the beating of Leonard Clark as one of the most barbaric acts that can be committed against another human being, isn't that right?

A. Yes. Right. That's in my letter.

Q. You have known the parents of Frank Caruso for sometime, isn't that correct?

A. You're right.

Q. And you think very highly of his parents, do you not?

A. Very much so.

Q. In fact, it was since the attack that the Caruso’s began regularly attending services at the Peoples Church, isn't that right?

A. Repeat.

Q. After the attack of Leonard Clark, that is when the Caruso family began regularly attending the Peoples Church?

A. As regular as they had attended prior to that, yes.

Q. Well, sir, do you remember giving an interview for Chicago Magazine in February of 1998?

A. Would you refresh my memory, please.

Q. Well, did you speak with a reporter by the name of Jonathan Eig. That's E-i-g from Chicago Magazine about an article that was placed in the February, 1998 issue of Chicago Magazine?

A. Yes.

Q. At that time, didn't you tell them that since the attack, Caruso had been regularly attending serves of the Peoples Church?

A. Yes. That's editorializing on what I said.

Q. In that article, it also says after speaking with you, that Martin and Caruso speak almost every day. Isn't that what it says in the article?

A. Yes.

Q. Sir, you believe that your mission has been bringing an end to racial hatred, bias, prejudice and to foster racial healing, intergroup harmony and racial justice in the City of Chicago, is that correct, sir?

A. You're right.

Q. Was that somehow accomplished, sir, by having your daughter pose for a picture in Chicago Magazine with Frankie Caruso?

A. No.

Q. She did appear in a picture, did she not, sir?

A. Yes, she did.

Q. Just so we're clear, we're talking about the same thing, that's your daughter is it not, sir?

A. This is one of my daughters.

Q. That would be, I believe Zernona?

A. No. You're incorrect.

Q. What daughter is that, sir

A. This is Malaka.

Q. Is that article entitled Frankie and ZZ, is that right?

A. Yes.

Q. And in the side here --

MR. GENSON: Your Honor, he didn't write the article. It's about his daughter. It's irrelevant. I move it be stricken.

THE COURT: Well, it goes to bias and motive to testify. Overruled.

MS. MANDELTORT:

Q. Is that a picture, sir, of one of your daughters with the defendant, Frankie Caruso, that appeared in the February, 1998 issue of Chicago Magazine?

A. Yes, it is.

Q. And that promotes racial harmony, is that correct, sir? Is that, sir, part of your healing process?

A. The picture you see in that article is not a picture of Zernona. It is a picture of Malaka, so there is an error in the whole article.

Q. My question to you, sir, is that photograph part of the healing process that you have undertook in the Chicago area?

A. No.

MS. MANDELTORT: Nothing further, Judge.

THE COURT: Mr. Genson.

REDIRECT EXAMINATION

BY MR. GENSON.

Q. Reverend Martin, prior, before this incident, Frank attended your church, is that correct?

A. Yes. You're right.

Q. Before this incident and after this incident, your family and Frank's family were friends?

A. Yes, you're right.

Q. You had come to his house?

A. Yes.

Q. He would come to yours?

A. Yes.

Q. Your children talked?

A. Yes.

Q. Did you think there was anything wrong or contrary to your belief to have the children of a white man in Bridgeport speak to the children of an Afro American person from --

A. Nothing whatsoever, sir.

Q. Now, with regard to your -- to your religion, sir, there are people that do things that are wrong or people that do things that are wrong that are entitled to mercy and compassion, is that right?

A. Yes.

Q. You're not asking for any particular sentence for Mr. Caruso?

A. No, I'm not. Mercy and compassion knows no color. It knows no condition. It is unconditional.

Q. And even though Miss Mandeltort seems to think all black people should hate everyone --

MS. MANDELTORT: Objection, Judge.

MR. GENSON: I'll withdraw that question.

THE COURT: Sustained.

MR. GENSON:

Q. Even though -- there is nothing inconsistent with your religion and your ministerial and your pastoral calling to come into court and ask for a judge to exercise mercy and compassion, is there?

A. There is nothing wrong with that and I have done it on many occasions.

Q. And you're here in court after speaking with Mr. Caruso Junior on many occasions, aren't you?

A. Yes.

MR. GENSON: I have no further questions.

RECROSS EXAMINATION

BY MS. MANDELTORT:

Q. Well, sir, in your letter you ask for a little bit more than mercy, did you not, sir? Your last sentence says "I strongly believe that alternatives to a jail sentence would be more rehabilitative, redemptive, transformative for this young man's life in the future, isn't that what you put in your letter?

A. Yes. And I believe that.

MS. MANDELTORT: Nothing further.

MR. GENSON: No further questions.

THE COURT: Thank you, Reverend.

(Witness excused)



FLOYD DAVIS,

called as a witness on behalf of the Defendant herein, having been first duly affirmed, was examined and testified as follows:

DIRECT EXAMINATION

BY MS. PULIA:

Q. Sir, would you please state your name loudly and spell it for the court reporter so we can all hear you?

A. My name is Floyd Davis.

Q. And how old are you, sir?

A. I'm 46 years old.

Q. And are you employed or do you have a title?

A. Yes, I am employed.

Q. How are you employed?

A. I’m Senior Pastor of Pilgrim Baptist Church here in Chicago.

Q. You're the Senior Pastor for the Pilgrim Church?

A. Yes.

Q. Where's that church located, sir?

A. 3301 South Indiana Avenue.

Q. You said you're -- you have any other job than being the senior pastor, or does the church take a lot of your time?

A. I do have an elected office.

Q. What is that?

A. I am president of Chicago South Side Branch NAACP.

Q. And you also live in Chicago?

A. Yes, I do.

Q. Sir, do you know the Caruso family?

A. Yes, I do.

Q. And do you know Frankie Caruso sitting at the table there with the white shirt and the brown tie?

A. Yes, I do.

Q. And how long is it that you have known Frankie Caruso and his family?A. Since January of 1997.

Q. And how is it, sir, that you became familiar and associated with the Caruso family?

A. At that time, I had announced my intent to run for the president of the NAACP and the former president, Dr. B. Herbert Martin was taking me into the different communities to meet different people. And I was introduced to the Caruso family through him.

Q. So Reverend Herbert Martin introduced you to the Caruso family so you could meet people in different communities, is that correct?

A. Yes.

Q. Had you -- have you ever been to the Caruso home?

A. Yes.

Q. Do you recall had you been to their home in January or February of 1997?

A. January and February of 1997.

Q. And since March 21, 1997, I take it you have the Caruso home also, is that correct?

A. Yes.

Q. Now, are you familiar with Frankie Caruso Junior doing any work in his community?

A. Yes. While in the home, I heard conversations of Frankie and his sister doing community work. Thanksgiving baskets, Christmas baskets, that kind of thing.

Q. And had Frankie Caruso Junior been to your parish, to your church?

A. Yes. Once.

Q. Do you recall when that was?

A. In February of 1997.

Q. And what was the purpose of his being there?

A. We was celebrating African American History.

THE COURT: All right. Ladies and gentlemen, let's restrain yourselves.

MS. PULIA:

Q. Sir, did you write a letter to the court regarding the sentencing in this case, is that right?

A. Yes, I did.

Q. And in your letter, you pleaded with this -- you said "I'm pleading that you will sentence with great leniency. That I join with many in my community who feel great leniency should be granted. Your favorable ruling in this matter would go a long way in healing all parties and communities involved" is that correct?

MR. BERLIN: Objection, Judge, to that question. It's an improper question. For his opinion as to what the sentence should be. Characterization is one thing.

THE COURT: No. This court is not going to be influenced by somebody's opinion one way or the other.

MR. BERLIN: I understand that, Judge. It's an improper question.

THE COURT: Overruled.

MS. PULIA:

Q. Did you write that in your letter?

A. Yes, I did.

Can you tell the judge why it is that you— you’re begging for leniency?

MS. MANDELTORT: Objection.

THE COURT: Overruled.

THE WITNESS: First of all, I feel that when we look at this case, I feel sometimes that we're using people as sacrificial lambs in order to almost eradicate a hundred or plus years of racial tolerance.

MS. PAULIA:

Q. Sir, should Frankie Caruso being allowed to work in the community, would there be anything in your community that would-- for them to do under your direction?

A. We have different programs in the community. We have the CAPS program. I believe that a lot of healing can come through this. I believe he can be able to speak to community. Do a lot in order to get awareness of the differences that we have in our communities.

Q. And that would be under your supervision?

A. Yes.

MS. PULIA: May I have a moment? Nothing further, Judge.

THE COURT: Cross.

CROSS EXAMINATION

BY MS. MANDELTORT:

Q. Just so we're clear here, sir, as you sit here, you believe that Frank Caruso, the defendant in this case, is a sacrificial lamb, is that your testimony?

A. I'm saying -- I'm saying this case, that I believe I have seen too many young people that --

Q. Sir, the question I asked --

MR. GENSON: Objection, your Honor. Can he -- can he be allowed to answer the question?

THE COURT: No. Because the question was whether he thought that your client was a sacrificial lamb. He can answer that yes or no.

THE WITNESS: Yes, I do.

MS. MANDELTORT:

Q. And you consider yourself to be a friend of the Caruso family, do you not, sir?

A. Yes, I do.

Q. And in fact, sir, you were appalled that the President of the United States even talked about this case on national television, weren't you?

A. I was appalled that this was even brought up before this case even came to trial.

Q. My question is, sir were you appalled, yes or no?

A. Yes. Yes.

Q. Also, sir, you believe that Frankie Caruso was guilty until proven innocent, isn't that right?

A. Yes, I do.

Q. You realize, sir, now that he sits here convicted of those crimes, is that right?

A. Excuse me?

Q. You realize as you are testifying now that Frankie Caruso sits here convicted of aggravated battery and hate crimes?

A. I realize that the jury has rendered their decision, yes.

Q. And you still believe he’s a sacrificial lamb, do you sir?

A. Yes, I do.

MS. MANDLETORT: I have nothing further.

THE COURT: Any redirect.

MS. PULIA: Nothing.

THE COURT: All right. Thank you, Reverend.

(Witness excused)