Black and Blue Ch. 02

"Uh oh." I said.

Teresa said "The good news is that Buchannan intervened. I looked at the dashcam and the Officer-cam, and he did a really excellent job diffusing the situation. He got the guy to submit to being frisked, standing up, then he talked to the kid privately. Then they checked it out, and they were indeed father and son, just walking home from school."

"Good." I said. "And I think we need to reinforce with the Uniformed Officers about attempting to force black men to their knees, which has become a point of contention with the Black Community."

"I've already put that out to the Precincts, to be announced at the Roll Calls at the beginning of each shift." Teresa said. "Anyway, I started looking into it, then asked Intel and Myron to peek into it. The call about the abduction was from a burner phone, and pinged off the cell towers along Riverside Drive."

"Oh really!" I said. I brought up the Police reports. "Well well well... Buchannan said the kid said his father walks him home every day, and I think we'd be safe in assuming they walked the same route every day."

"Ahhhh," said Tanya, "so someone sees them walking home, calls in an abduction and describes the kid's clothing, then the Police come in and we almost have a little incident, there."

I nodded. "That's Lady Ironside thinking, there. It's shit like this that could all too easily be ginned up into something bad. We really... really... gotta be careful out there..."

After a moment's reflection, I said: "Tell you what... have someone in Intel follow up on this. Get camera footage of the area, see if any Media were there, or people recording with iPhones, stuff like that."

"Think there's something to that?" Tanya asked, almost mischievously.

"When it comes to the corrupt Mainstream Media," I said, "there well could be. There well could be..."

* * * * * * * * * * * * * *

9:00am, Monday, May 4th. The Courtroom was surprisingly full, as many reporters had come in and taken seats. I was in the front row, behind the Prosecution's table. To my right was Lt. Commander Teresa Croyle. Sheriff Griswold was talking with the bailiffs at the side entrance.

I peered at the Bailiffs. One had gold Captain's bars, and I recognized him as Chief Bailiff Clark Alexander. (Author's note: 'Homewrecker', Ch. 04 for his previous appearance.) He was black, and the other Deputy with him was also black, but lighter skinned, almost like Tasha. What drew my attention what the afro he was wearing; it looked like a toupee. And his mustache was heavy and droopy, in contrast to the rest of his clean-shaven face. After a moment, he and Sheriff Griswold went through the side door and out of sight.

On the Defense side were lawyers Gwen Munson and Hunter Harris, joking and laughing about something. Savannah Fineman came in and took her place at the Prosecution table. She looked back at me, then leaned over and whispered to me and Teresa: "I spent three hours yesterday haggling with them and their public defender. They've circled the wagons, and wouldn't even consider anything when I offered to drop the gun charges."

"I'm not surprised." I said. "They're moving the goalposts------"

"Oyez oyez oyez, all rise." said the Chief Bailiff, a bit listlessly. "Court is in session; the honorable Harry R. Nance presiding."

Judge Nance came in and sat down, then said "Be seated." As we sat down, the Chief Bailiff called out the first case. The four black men, all wearing very cheap, ill-fitting suits, were led into the Courtroom from the side entrance and shown their places at the Defense table.

"This is a 'show cause' preliminary hearing." said Judge Nance. "Prosecution, are you ready?"

"We are, Your Honor." said Savannah Fineman. "But first, I have these briefs to be filed with the Court, protesting the actions of the Defense, particularly Gwen Munson." She handed the Chief Bailiff several file folders, and he took them up to the Bench.

"So noted." said Nance. "Enter them into the record." The Bailiff handed the documents to the Court Reporter. "Call your first witness."

Sergeant McCombs was called. His uniform was fairly neatly pressed and his gig line straight, though his shoes needed more shining. He answered Savannah's questions about pulling over the car, calling in the car tag, then having the four men get out of the car and sit on the curb until backup arrived. He then recounted the drug dog coming to the scene and alerting, creating probable cause for the search that ultimately revealed the drugs.

Gwen Munson then had her turn. "Sergeant," she said "what was your probable cause for pulling over the car in the first place?"

"They were in a sedan on a private dirt farm road." said Sergeant McCombs. "It's not usual to see that type of car on a farm road like that, so when they turned onto the paved road, I turned on my lightbar and pulled them over."

"And you radioed it in, and the car tag came back as belonging to a known drug offender?" Gwen said.

"Person of interest, anyway." said McCombs. "At that time, I asked all four people to get out of the car and them sit on the roadside while I called in the driver's license. He came back as a person of interest in a drug operation, so I called for the drug dog to come out."

"I see." said Gwen. "Sergeant, why did the car tag and driver's name come back as an alert? How was that determined?"

"I'm not sure, ma'am." said McCombs. "I just know what I was told when I radioed it in."

* * * * * * * * * * * * * *

After McCombs was released from the witness chair, Judge Nance said "You haven't shown me anything yet, Prosecutor. Who's your next witness?" Savannah called up Sonali, Vice's data guru.

Savannah said "So how do you accumulate data that leads to being able to flag a car tag or a name if it's called in?"

"We gather information from many sources." said Sonali "Traffic stops, interrogations of suspects in the past, and such. We build a database from that, and we can analyze patterns and trends."

Gwen's turn: "Sonali, do you and your fellow Intel personnel also use information from confidential informants to build your databases?" Sonali affirmed that, and Gwen said "And also from undercover Police Officers?" Sonali affirmed that.

"So Sonali, this specific information on the suspect 'Toddler', as well as his vehicle." Gwen said "Specifically from where was that information harvested."

"As I said," tried Sonali, "from several data points that we gathered into a database------"

"But specifically where?" Gwen persisted. "From what particular piece of data was that car tag and that name derived?"

"I am not sure." Sonali said. "There were many pieces of data-------"

"You better get sure." interjected Judge Watts. "Prosecutor, this will not do. I want more specifics, a lot more specific information than this Court is being given. Proceed, Defense counsel."

Gwen Munson said "Did the specific data that was used to inform Sergeant McCombs come from a C.I. or undercover Detective?"

Sonali said "I cannot answer that with a 100% degree of certainty. But it is likely."

Gwen Munson asked "What was the source's name?"

"I don't know." said Sonali.

Judge Nance said "Ms. Sonali, you are under oath here. Why can't you say with certainty, and why can't you give a name?"

Sonali replied "Because sources like that are redacted, Your Honor. I never see the name, but just a code name for that resource. I'm never told the real name, so I have no name to give you."

"Who would be able to testify to give that information?" Gwen Munson asked. "Who in the TCPD has access to those names, and could tell us who provided the information that led to the pulling over of these four defendants?"

Sonali: "I don't know. It would have to be someone in the Police Force's leadership. It's above my pay grade..."

Unable to get more out of Sonali, Judge Nance let her step down, but told her to stay at the Courthouse and be ready to be recalled to the stand. Teresa whispered to me "Is that normal, for a judge to intervene like that?"

I replied "No, but it's not unheard of. Judges can create their own objections if a lawyer is not doing his or her job properly. But in this case, it's part of the plan... part of the plan..."

* * * * * * * * * * * * * *

"Prosecutor, call your next witness." said Judge Harry R. Nance.

"Your Honor," said ADA Fineman as she stood up, "we believe we've adequately shown that Sergeant McCombs had good probable cause to stop the vehicle and subsequently execute the search that led to the discovery of the drugs and the weapon in the car. Therefore, I have no more witnesses at this time."

"Are you sure, Ms. Fineman?" asked Nance. "Because right now, I do not agree with you that probable cause has been properly demonstrated."

"Your Honor!" called out Gwen Munson. "May I approach the Bench?"

"Both sides, approach." said Nance. The legal eaglets came up to the Bench.

"Your Honor," said Munson, "I believe the Prosecution is attempting to deny my client their Fourth Amendment rights to face their accusers. Though it is irregular, I want to call witnesses to the stand to prove this."

"Your Honor, this is not the trial itself." said Savannah Fineman. "The Defense will have that time to make their case, but this hearing is neither the place nor the time------"

"It is if I allow it." said Nance. "I will allow you to call your witnesses, Ms. Munson, but don't waste the Court's time with theatrics."

The lawyers returned to their tables, then Gwen Munson said "I call TCPD Lieutenant Mary Milton to the stand." Lt. Mary Milton was brought into the Court and sworn in.

"Lieutenant," Gwen Munson said, "do you have access to the names of Confidential Informants and undercover Detectives?"

"Yes and no." said Mary Milton. "By that I mean that I can access the data, but it's encrypted. And the decryption key is protected by two passwords over three databases, and no one person has both passwords."

"Could the data be breached by a hack?" asked Gwen Munson.

"It would be of no value if it weren't decrypted." replied Mary.

Judge Nance intervened: "For the Court's understanding, Lieutenant, explain in general terms how the data is stored and protected over, what did you say? three databases?"

"Yes, Your Honor." said Mary. "Each informant, be it a Detective or C.I., is entered into a database and assigned a unique identifier, called a U-I-D. The name column is encrypted. A second database table has the UID in one column, and that is married up to a code name. The code name, such as 'Person Alpha', is used if needed in any intel reports that are generated."

"So," said Nance, "even if you knew the name 'Person Alpha', you are saying you cannot go into your databases and retrieve the actual name of that informant?"

"Not without the decryption key, Your Honor." said Mary. "And I would have only one of the passwords needed to use it to get the actual name."

"Who has the other one?" asked Nance.

"The Police Command Group would have to be asked to input the second code." said Mary. "And as far as I know, only Chief Moynahan, Commander Troy, and Commander Ross know that password, and they don't know the password that I or Captain Perlman... excuse me, Captain Muscone know." Nance nodded, then looked at Gwen Munson, indicating for her to continue.

"Lieutenant," said Munson, "are you familiar with the intelligence information that led to flagging the car and person that Sergeant McCombs stopped."

"Yes." said Mary Milton.

"How many sources of information were there in the development of that information?" asked Munson. "How many separate sources?"

"As far as I know, just one." said Mary Milton.

"And who was that one?" said Munson.

"I don't have the name, and never did." said Mary.

"Who would have that name?" Gwen asked.

"I don't know who actually would have it, so I can't testify to that," said Mary, "but I do know that no one of less rank than a Police Captain should have that information at all."

"Lieutenant, do you know who J.J. Perry is?" Gwen asked, with a glance in Savannah's direction... and mine.

"I don't know him personally, nor have I ever met him." Mary said.

"But you know who and what he is?" Gwen persisted. "Is J.J. Perry a Vice Detective?"

"He's on our books as one." said Mary.

"But you've never met him? Really?" Gwen asked.

"Really." Mary replied.

"What is his role, his mission with the TCPD?" asked Gwen. "Specifically, is he an undercover Detective?" Mary glanced over at me, and I nodded slightly.

"To my knowledge, that is his role." said Mary.

"Is he the source of the intel that led to the arrest of my clients?" Gwen asked.

"I don't know." Mary said. Gwen had no more questions, and neither did Savannah Fineman.

* * * * * * * * * * * * * *

As Mary stepped down, Gwen said loudly "Your Honor, I call TCPD Detective J.J. Perry to the stand."

"Objection, Your Honor!" Savannah Fineman said, rising to her feet. "As I noted in those complaints I handed to you earlier, Defense Counsel Munson only applied for a subpoena of that individual late Friday afternoon, giving us no time to prepare."

"Overruled." said Nance, and I could see the glee rising in him. "You've had weeks to prepare, and to this point your preparation appears to have been very poor. And that's your problem. The called witness will take the stand."

Savannah said "May I approach the Bench?"

"No." said Nance. "Speak from there."

"Your Honor, the People wish to drop all charges against these defendants." Savannah said.

"Objection!" said Gwen Munson. "Why?"

Now if you aren't figuring out that the Defense Counsel is objecting to dropping the charges, then no crowbars for you!

"We'd rather preserve the secrecy of our undercover operative than continue------" started Savannah.

"The objection is sustained, and the request to drop the charges is summarily denied!" said Nance loudly. "One more time, the witness will take the stand! These defendants have the Constitutional Sixth Amendment right to face their accuser, and they will get to face him. He is going to sit in this chair, where they and all of us can see his face; and he will testify, so that everyone can hear his voice. Now where is he?"

If it wasn't crystal clear before, it was now: the purpose of this whole charade was to expose J.J. Perry, and at the very least make him useless for future undercover work. And it was clear to this Iron Crowbar that every bit of this was worked out in advance, from the moment Federal bitch Jocelyn Moran had betrayed Perry's identity to Gwen Munson and Bettina Wurtzburg.

Savannah Fineman looked back at me, and I just nodded calmly, which seemed to disquiet both Judge Nance and Gwen Munson; perhaps they expected me to react more strongly? Savannah then nodded to the Chief Bailiff, who opened the side door. Into the Courtroom came Sheriff Griswold and the other Bailiff, the one with the afro and the thick mustache. And to everyone's shock, the Deputy went to the witness box!

"What are you doing?" asked Nance, his voice both inquiring and harsh. And then, to the gasps of people in the room, the Deputy removed his afro toupee and his heavy mustache! In his place was a light-skinned black man with brown-black hair nearly shaved completely, and a clean-shaven face that looked younger than his actual age.

"I was called to the stand, Your Honor." said the man. "I'm J.J. Perry."

As reporters in the room gasped in astonishment, Judge Nance said angrily "And you're impersonating a Deputy Sheriff!"

"No, Your Honor." said J.J. Perry. "I'm a TCPD Vice Detective, and this is my real badge. And Sheriff Griswold authorized me to wear this uniform, in writing." He extended his arm, a document in his hand.

"Good grief." Nance muttering, waving away the document being offered. "What's the point of this deception?"

Sheriff Griswold said loudly "To show everyone how good he is at his job." Nance glared malignantly at Griswold, who just calmly looked back at the angry judge.

"Swear him in." said Judge Nance...

Part 10 - The New Guy

11:00am, Monday, May 4th. The District Attorney's Office had a suite of rooms in the Courthouse Complex, with offices and a conference room. In the Conference Room were D.A. Walters, ADA Fineman, Sheriff Griswold, Commander Troy (me), and Lt. Commander Croyle.

"That went as well as could be expected." said Miriam Walters. "Judge Nance bound over the case for trial, though as you predicted, Commander Troy, we had no choice but to unmask Perry."

I nodded. "You all could easily see how that was planned and contrived all along, by Gwen Munson as well as Nance. And Ms. Fineman played her part very well: most people would say she should've objected to the course of that hearing again and again, and normally she would have. But by letting it go, she allowed Nance and Munson to expose themselves. Well done, Savannah. Well done."

Savannah said "I saw early on how it was going to go, so I went along with what you'd suggested I do. And when Munson actually objected to us dropping the charges, I could see that something was wrong, bad bad wrong."

"You got that right." grunted the Sheriff. "I also commend your performance today, Ms. Fineman. And since they were going to out Perry no matter what, at least you've got your case against the perps."

"It is too bad that had to happen." said Miriam Walters. "From what I hear, Perry has given us a lot of evidence that has led to many a conviction."

"True, but it was a done deal anyway." I replied. "I learned some things over the weekend that showed me Ice Cube's cover was blown already, so might as well let him testify and put these perps in prison. We're bringing Perry back into the fold."

"One thing I found very interesting," said Teresa Croyle, "is that Judge Nance refused to let you drop the gun charge, even though Gwen didn't object when you asked for it."

"I couldn't believe that." said Savannah. "What is that all about?"

"They need an issue to riot around." I said. "The Black Community is increasingly agitated about the gun charge... not about the drug charges, just that gun charge. That's being ginned up by someone, and Nance obviously at least knows about it, if he's not outright involved. Dropping the charge means the issue goes away, and may even look like we're responding to the Black Community's concerns. Can't have that if they want to gin up riots..."

* * * * * * * * * * * * * *

The Sheriff treated me and Teresa to lunch at the Cop Bar. With us was 'Deputy' J.J. Perry, still in the Deputy uniform with his TCPD badge, but not wearing the disguise anymore. In case you're wondering, Police badges have blue lettering, while the Sheriff Department personnel have brown lettering on their gold star-and-wreath badges... except the Sheriff, whose star was gold and wreath was silver, denoting an elected official, and had black lettering.

"Welcome home, Ice Cube." I said. He'd gotten that nickname for not being rattled no matter what the situation around him was... and as an undercover operative, the situations around him were often fluid if not chaotic.

"Thank you, sir." said Perry. "To be candidly honest, I think I'm glad this happened. I've been undercover way too long."

"You did a magnificent job, J.J." growled Sheriff Griswold. "Incredible, really. And to have never been found out by The Teacher, that takes some doing."

"That's what happens when you don't show up for work." quipped J.J., showing a sense of humor. We all chuckled.

"Speaking of that," I said, "now that you'll be coming in to work, you'll have to get acclimated. It's not going to be easy going from a life of total deception to one of general stability. I'm also worried about potential threats to your safety, so instead of never coming inside Headquarters, you'll now be pretty much never leaving during work hours, at least for a few weeks. And you probably will get tired of the debriefings our new Intel division are going to put you through."