Amnesia Ch. 10

She leaned back, tapping her chin with her forefinger, not focusing on Tony. At length, she reopened the folder and began searching through several different sheets. It took her a couple of minutes, but she found what she was looking for.

"Here are the quality guidelines for the produce. Why don't you look at these and tell me what you think," she suggested.

Tony took the sheet from her and began to read. It took him more than a couple of minutes to read and digest the information, but when he was done, he sighed and passed the document back to Warden Kettleworth.

"Well?" she asked, her eyebrow cocked.

"We aren't getting what we are supposed to get," he said. "The contract calls for Grade A, what I would refer to as retail quality. That is, the same quality you would expect to find in a large grocery store. What we're getting some of the time is stuff they wouldn't put on their shelves."

"How often is this happening?"

"I haven't documented it, but every shipment seems to contain some items that don't meet the standard. So, it's happening on most deliveries, but not with every product."

"I see." See sat quietly, absorbing what he had told her. "You said you could calculate the extra cost in waste."

"Yes, Ma'am. It wouldn't be easy, but ... yes. I could do that."

"Very well, Mr. Milano. You may have uncovered a corrupt supplier. Or it may just be someone not paying attention to the contract. Let's get our ducks in a row first. Then we can address the issue with our suppliers."

"Yes, Ma'am. With your permission, I'll get started on the cost comparisons. I'll get current costs on ten items that I know we purchase here and you can compare them to the invoice costs. Based on that, we should be able to calculate the cost of waste."

"Good. You have privileges on the internet with my permission. When you need to use it, let me know and I'll arrange it. In the meantime, please don't discuss this with any other inmate or any of the staff."

"Yes, Ma'am. Thank you for listening to me," he said, turning to leave.

"Mr. Milano," she called as his hand reached the door knob. "Thank you. I know that took some courage." She had that small smile that made Tony feel the risk had been worth it.

It took Tony two days to gather the information he needed from his former suppliers in New York. He gave no explanation for wanting it and none was asked for. In the meantime, he had begun to calculate waste on the ten selected products; seven produce items and three meat items. He had ignored the fish supplier since they did not seem to demonstrate the same problems. Their product was invariably fresh, properly cleaned, and well presented.

By the end of the week, Tony had the data he wanted. The formula for calculating the costs was in place and all Warden Kettleworth needed to do was to fill in the blanks. He contacted her and indicated he had the information they had agreed upon and she quickly agreed to see him.

As Tony stood before her desk, he passed her the paper he had prepared and was about to show her where to input her costs.

"Have a seat, Mr. Milano," she said pleasantly.

"Thank you, Ma'am."

"This looks very comprehensive. I assume I can fill in our costs and use the formula to calculate the difference?" she asked, looking up from his work.

"Yes, Ma'am."

She continued to review the paper and Tony could see her eyes begin to widen as she read further.

"Are you certain of these waste figures?" she asked, her forehead wrinkled in concern.

"Yes, Ma'am. They are the exact figures by weight for the entire week, by item."

"How in the world did you manage that?"

"Not without some messy after-hours work," he smiled.

She shook her head, looking back at the figures on the page.

"I had no idea that our waste was this high. Did the other kitchen staff know about this?"

"Yes, Ma'am. I'm sure they would have said something, but ...." He left his comment unfinished.

"Yes ... I can guess ... no good deed goes unpunished," she murmured. "Thank you again, Mr. Milano. I'd like to review these figures and discuss them with my superior. I'll get back to you." She smiled and stood as Tony rose to leave.

The next morning, Tony was summoned to the assistant warden's office once again.

"Good morning, Ma'am," he said as he entered.

"Have a seat, Mr. Milano. Warden Meyers will be joining us shortly," she said with a level voice.

Tony felt a nervous jolt go through him. The Warden was a notoriously tough character, despite the low-key nature of the institution. Many of the inmates thought he was better placed in a maximum security facility where he could use his hard-nosed attitude to effect. Tony had never met the man.

A minute later, the office door opened and the tall, lean, mid-fifties warden entered, acknowledging Ms. Kettleworth and then looking at Tony with a stern gaze.

"So ... are you the guy who's stirred up this business about the food supply?"

"Yes, Sir," Tony answered promptly.

"Hummphf," he snorted, sitting on the edge of Kettleworth's desk. "Warden Kettleworth says you've uncovered quite a little racket here."

"I'm not sure about that, Sir. I'm just reporting that I think we can do better. Save some money," Tony said carefully.

"Hummphf," the man replied. "Looks like something more than that to me."

Tony remained mute. He had learned early on that you spoke only when spoken to and answered only when questions were asked. There was a routine formality that had to be followed and Tony was mindful to follow it to the letter.

"I've given Warden Kettleworth the assignment to follow this up. She will choose who works with her. I think you can assume you will be on her team," the man said, this time with a faint grin.

"Thank you, Sir."

"No ... thank you, Mr. Milano. It shouldn't be any surprise that this institution is under a great deal of pressure to reduce or at least maintain our costs. It's been a real struggle and no one wants to curtail programs because we haven't got the funds to continue with them. If Warden Kettleworth's calculations are correct, there are over one hundred thousand dollars that might be saved annually. That's big to us." He was nodding as he finished his comments.

Tony remained silent. The warden slipped off the desk and walked toward him, extending his hand. Surprised, Tony stood and took it. The warden's handshake was firm and brief.

"Thank you again, Mr. Milano. I'm sure I'll be seeing you in the future." With that he nodded to Kettleworth and left the office.

Tony blinked in surprise. He stood beside his chair, assuming he was dismissed, but again, the assistant warden motioned him to sit.

"Mr. Milano, we're going to void the contract of our two problem suppliers. We can't really do that until we have secured alternative sources. I would like you to lead the team that will vette our potential suppliers. You know what standards are required and you can determine their ability to supply to those standards. Do you agree to assist?"

"Yes, of course Ma'am. Thank you for the opportunity."

"You've earned it. I'd also like to discuss the menu with you at some point. As a chef, I'm hoping you can help us vary the menu without losing sight of the need for healthy meals."

Tony smiled. "I'd be delighted to do that, Ma'am. I'm sure several of the other cooks would like to participate as well."

"No doubt ... but you know what they say about too many cooks," she smiled.

Within a week, Tony was meeting with three potential produce suppliers and two meat suppliers. All of them were established companies, some of whom Tony had done business with. He was confident that their quotes would be competitive. The prices in New York City were high because of the high costs of doing business there. They should be noticeably lower out here in the western part of the state, with some allowance for additional delivery costs.

A week later, he had the five assembled bids and was reviewing them prior to discussing them with Warden Kettleworth. His committee had consisted of two other cooks and a third inmate who had been an accountant in his former life. The four of them reviewed the quotes and discussed the likely best option for the institution. At first they were wary of committing to the project, but as they became familiar with Tony and his background, they involved themselves completely.

It took only a day for the four men to come up with a proposal and the potential cost savings. They continued to use Tony's formula with confidence that the numbers would stand up. In fact, the two cooks wondered if his numbers weren't too conservative. The accountant laughed and slapped Tony on the back. He suggested coming in with better numbers than planned was always easier to explain.

The committee met with Assistant Warden Dorathea Kettleworth and laid out their proposal. All of the bids were close, with no clear-cut winner on cost. However, there were some benefits with one supplier who had a regularly scheduled daily run that went past the prison. It would mean they could reduce their order sizes and increase the frequency with no added cost to the supplier. They would place a weekly bulk order to help the supplier plan, and then take daily or alternate day deliveries as required. It gave them flexibility and reduced the amount of perishables on site.

The meat purveyor was a different challenge. Since there was no qualified butcher in the kitchen, they would need portion cut meats. That was more costly, but hopefully, the waste of meat with no bone and little fat would offset the price. It was a gamble that would require a trial period to evaluate the system.

Tony was able to get unanimous agreement for the choices from his committee. It made the meeting with the warden much easier.

"So, are we ready to make the change?" Kettleworth asked.

"Yes, Ma'am. May I suggest you inform our current suppliers that you are terminating their contract for cause, and that no further deliveries beyond the next day are required. We have the commitment from our chosen suppliers that if they are given the contract they can begin delivery within forty-eight hours."

"Excellent. I'll take care of the notification this afternoon. Well done, gentlemen." She looked generally pleased and the four men felt rewarded for their efforts. As they filed out of the office, more than one of them congratulated Tony on the meeting.

When it came time to discuss the menu, Tony made a request to have the other cooks included in the discussion. He suggested that it was important that they have a say in what we wanted to accomplish since they would have to execute the plan. Kettleworth agreed and meetings were set up to discuss a new menu.

If there was such a thing as positive celebrity among a prison population, Tony achieved it. The improvement in the food quality wasn't just seen in the kitchen, but in the dining hall as well. Since the same food was used for the staff, it was noticed there too. When the menu began to change, it was as if a whole new kitchen had appeared.

It took a month to establish the new items, but each and every one of them was greeted with enthusiasm by the inmates and staff. Formerly overcooked steamed vegetables became lightly steamed or grilled items. One cook introduced Italian night, and each month he would prepare a traditional Italian entrée. Tony chose to introduce Chinese night, using his experience in Mr. Leung's kitchen. Another cook worked on Fruits of the Sea Friday, featuring fish entrées, while the fourth cook called his contribution "Specials Night."

By the end of the first three months, the kitchen had logged nearly thirty thousand dollars in savings despite the new menu. The whole venture had given Tony a sense of self-worth that was making his life bearable. He was back in his element ... being a cook.

Nina saw the change first. It was almost with relief that she noticed his upbeat demeanor and she was delighted that he had been given the chance to again do what he loved -- cook. His elevated spirits helped Nina as well. She worried that he would decline in prison and not be the same man when released. She was beginning to think that she shouldn't be concerned. He had some purpose to this temporary life. He could cope.

Tony had been in Candlehurst just over a year when he was advised he had an unannounced visitor. As he entered the visitation room, he stopped abruptly when he saw Agent Dirk Van Hoote sitting at the table. It was Van Hoote who had uncovered the pathway to the hidden ten million that Tony had stolen. Tony wasn't sure just how to react to his unexpected arrival.

"Mr. Milano. Thank you for coming," Van Hoote said in his quiet, understated manner.

"This is a prison, Mr. Van Hoote. We don't get choices," Tony smiled slightly.

The FBI agent nodded his understanding. Once again with a notepad and pen in hand, he seemed nervous.

"What can I do for you?" Tony asked.

"It's more a case of what I can do for you," the little forensic technician responded. "I have to ask you not to mention that I was here today. It could be awkward for me if it was revealed to my superiors."

Tony was surprised and now curious. Just what did this nerdy little man have to say?

"I have no need to tell anyone. But I am curious. Why are you here? I thought the case was closed with my conviction?"

"It was. It is ... sort of. That's why I'm nervous about my people finding out I'm here."

Tony leaned back in his chair. He would wait Van Hoote out. He obviously wanted to say something.

"Mr. Milano ... I have reason to believe that you may be innocent of the crime you were convicted of."

Just like that. The words hit Tony like a linebacker hitting a practice dummy. He was speechless.

"I have been bothered by something I noticed when I did the research and unraveling of the whole fraud and misappropriation scheme. I'm very thorough, Mr. Milano. I am, as my family and friends would tell you, an obsessive-compulsive personality. I don't like loose ends. This case has loose ends. I'm not able to let it go just yet."

"But if the case is closed ...?" Tony suggested.

"Yes. That's precisely the problem. The case is closed. So I have to be careful. I've given this a lot of thought, Mr. Milano. A lot of thought. Let me tell you what I know and what I think I know."

Tony nodded, still reeling from the man's assertion. "Go ahead."

"It boils down to this. I believe someone else set you up to look guilty. I think that because the way the theft was managed was not the same way that the other thefts were done. Whoever took the ten million did it in such a way that it pointed to you, but not obviously."

"Which of them do you think did it?"

"I'm not sure. I do have a question though. Did Stanton Mellows have the capability of making trades on his own?"

"Huh! I'm not sure, but I think he did. I mean, he was the president, so he certainly had access. If he was in on it with the others, they could have helped him," Tony said thoughtfully.

"Would anyone else have access to your computer?"

"No ... or at least ... not that I know of. Again, Mellows could have gotten an authorization when I went missing. The other three couldn't without his OK, though."

Van Hoote looked down at his note pad, lost in thought. He made a couple of scribbled notes and then looked up.

"There is still one possibility. The computer will record when the transactions were made, even if the documents show a different dating. You can't easily alter that. You might request your and Mellow's computer be examined for transaction dating. A good analyst could verify if the deep dating on the hard drive agreed with the surface dating on that document. That would tell you if there was any back-dating. You couldn't have made any transactions when you were in the hospital."

Tony sat, thinking of what the implications were. "Mr. Van Hoote, if you were subpoenaed, would you be allowed to testify?"

"Yes ... the case is closed, but I would have to honor the subpoena."

Tony sat back, again deep in thought.

"Why wasn't this checked before? Why now?"

"You had pleaded guilty and the money had been traced and recovered. End of story."

"Why would Mellows try and set me up?"

"Don't know. And we probably never will. Dead men don't talk," the little man smirked.

"So what do I do now?" Tony asked.

"Well, I'm not the one to tell you this, but if you contact your lawyer and ask him to investigate how they might obtain the records of transaction on both the trades and the computer, it might give you the answer you're looking for."

"Yeah. That's definitely worth a try. I'll get on it right away. Thanks, man. This may be something really big for me."

"Just don't mention I was talking to you. I don't need any more problems at work," he said sullenly.

Tony looked at him for a moment. "Does your partner know you're here?"

Van Hoote smiled. "Not officially."

"Does she know what you suspect?"

"I'd rather not say."

Tony smiled. Van Hoote was sticking his neck out on Tony's behalf without much back-up. That took guts. It was the last thing he expected from the bookish little man.

"Thank you again, agent Van Hoote. I appreciate you taking this risk on my behalf. I'll let you know how it works out."

"I won't be happy until I figure out just what did happen. However, I'm pretty sure that someone other than you moved the ten million. I hope I'm right. Goodbye."

And with that, he walked out of the visitation room. Tony wandered back to his room, his mind reeling as he thought of the implications of Van Hoote's supposition. He was taking a huge risk. He wasn't authorized to visit Tony. His case was supposedly closed. The bad guy was in prison. He wondered just how much Van Hoote's partner, Bilecki, knew about this visit. He hoped she was covering for him. He deserved at least that.

The next morning, Tony was on the phone to Nolan Matthews.

"Nolan, can you come up to see me. I have just received some very important news and I need your help."

"Yes ... of course, Tony. I'll have to clear a day off, but I think I can arrange that for next week. Will that be soon enough?"

"It will have to be. Make sure you're here early enough so that we can spend some time. This is going to take some explanation."

"Fine, Tony. I'll let you know which day."

It was Wednesday, and Tony paced in his room before going to the kitchen for his regularly scheduled shift. He was trying to remember every single word Van Hoote had said to him on his visit. It would be important for Nolan to obtain the computers and the documents that would be on file. It was crucial to his opportunity.

He argued with himself over and over again whether to tell Nina. In the end, the answer was always the same; he would not. He didn't want to get her hopes up and then have them dashed if he couldn't get the evidence needed to gain his freedom. Worse, he still had no recollection of pieces of the time when the theft was taking place. He could contribute nothing to his own defense.

Nolan Matthews was right on time and anxious to find out what was so important. Tony methodically laid out the information Van Hoote had given him. He explained the forensic agent's suspicions and the path that might lead to their proving one way or another if Tony was innocent.

Nolan listened carefully, making notes frequently. He didn't seem to have any problem following the logic, but he was lost in thought when Tony finally finished.

"So, Nolan. What can we do to get this information?"

Nolan looked up at Tony and nodded. "I think I know how to go about this. I'll have copies in my files of the evidence used to convict you of the crime. Those records are dated and have been accepted as authentic. So the trick is, I need a reason to obtain the logs on Stanton Mellow's computer as well as yours, and I think I know how to do that."