Falsely Accused Ch. 02

"All right, guys." said Sheriff Allgood. "Let's work through this. Commander Troy, do you have any evidence to suggest this is not a rape?"

"I have Martha's report." I said. "I expect to get more physical evidence when Ms. Luskin's dress is brought in and examined. Why it was not secured at the Hospital, I don't know, but we're correcting that."

Then I said "Also, there are observations I've made that are circumstantial in nature. This woman Kendra Luskin is a yoga instructor. She's very well-toned. Peter Gordon, by way of contrast, looks physically weak, and from what I've seen of him, he acts mentally weak. Yes, I know, he might still find a way to assault her. But she has no marks, no bruises, no rope burns, nothing to suggest she was forced to do anything she did not want to do."

"So yes," I concluded, "I have doubts that he committed the crime here, and with the man's life on the line here, I am definitely going to investigate this so-called 'victim'."

I could feel the hostility in the room... all directed at me. Jenna Stiles was staring daggers at me, and Della Harlow had a look between hatred and a smirk on her face. What does she know? I wondered to myself. But I also felt the agitation from the D.A., and from the Sheriff. Chief Deputy Oswald and Paulina Patterson looked much less hostile. Cindy... had an inscrutable look on her face, not unlike what I'd seen from Teresa from time to time.

"Well, Commander," said D.A. Krasney, "if you can find something that exonerates Mr. Gordon, be sure to let him know. In the meantime, he's being arraigned, and Dexter Epstein is his representation."

I was not able to wipe the smirk off my face in time. I heard Cindy chuckle quietly; she had seen my face, and knew I was up to something. Paulina was starting to catch on, as well. D.A. Krasney began to realize something wasn't right, but didn't know what it was.

"All right, all right." said Krasney, finally. "Anyway, the point of this meeting was a coordinated response to what the Press is ginning up. Let's please not talk to the Press, nor leak to the Press. I'm going to put out a statement after the arraignment that the investigation is continuing, and we'll have no more to say until the trial. Can I get the Police Department to agree to just not comment?"

I just shrugged my shoulders. The Chief said "The Iron Crowbar never comments to the Press in the first place. And I'll drop a brick on the Press Relations people." He was looking straight at Della Harlow, and I knew that he meant Harlow as well as Briscoe.

Part 6 - Investigational Aspects

"I just don't get it." I said as we drove back to Police Headquarters.

"What's that, Mr. Crowbar?" asked the Chief, who was riding shotgun.

"That meeting." I said. "It's way too soon to be having a meeting like that. And the sheer speed of the Press inquiries about it? It's almost like..." I went into a reverie as we pulled into the parking lot.

"Like?" asked the Chief.

"Er, nothing, Chief." I said.

"I want to know why Deputy Chief Harrrrlow was therrrre." drawled the Chief. "There really was no reason for her to be there at all."

"Part of the plan." I replied unconsciously. "Part of the plan." Then, realizing I'd said more than intended, I asked "What did you observe about that meeting, Captain Ross?"

"I would think," Cindy stated, as we got out of my SUV and walked to the entrance to the Station, "that ADA Patterson would be handling this case, or in the lead of it. But State Attorney Stiles is already involved."

"Emphasis on 'already'." I replied. "She found out very fast, as well."

"She told me the D.A. called her into the meeting," said Cindy, "and she only found out the details just before we got there..."

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

"She's in Interrogation-Alpha." said Joanne Warner. "She has a lawyer with her."

"Did you get the dress?" I asked.

"Yes sir." said Joanne. "It may have a semen stain on it. Here's a photo of it." As I looked at the photo on Joanne's Police iPhone, I was shocked... one of the straps was torn almost off.

"Let's go look at them." I said. We went to I-A, and I looked in. Kendra was dressed in a white, red, and black blouse that was strained by her large breasts in her underwire bra, extremely tight-fitting blue jeans, and black high heel pumps.

The lawyer was a woman about Kendra's age, dressed in a gray business suit. Blonde hair in a relatively short style, similar to Molly Evans's color and hairstyle. But this woman was not as in-shape as Molly; she was just beginning to become 'big'. The lawyer looked familiar, but I couldn't place exactly where I'd seen her before.

"What's the attorney's name?" I asked.

"Her name is Gwen Munson." said Joanne. "She's from Prodder, Ryder & Reems, P.C., a law firm in the City."

"And she's here mighty quickly." I said.

"Sir, Ms. Luskin could've called her last night." said Joanne.

"Oh, I know, I know." I said. "And I'm not saying she's wrong to have an attorney when Police are involved in her life right how. But lawyers are expensive, so riddle me this: why does Ms. Luskin think she needs a lawyer so quickly?" Joanne became quiet as she thought about that.

Meanwhile, I walked back to my office, then called in Theo Washington and Teddy Parker. "Guys, I need you to move very quickly. I need you to interview these people that were at the Hospital and saw Kendra Luskin. I need sworn statements as to the condition of Ms. Luskin's dress last night. Don't lead the witnesses, just get them to say what they remember. Theo, you'll take my statement now."

I gave my affidavit, a sworn statement, that Kendra Luskin's dress was not damaged at all at the Hospital. It had to have been damaged since, perhaps deliberately. The Defense would, or should, have a field day with this, if others remembered her dress as not being torn...

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

"Sir, I have some new stuff for you." said Myron Milton as he came into my office. I had him sit down on a hot chair.

"Before you say anything," I said, "be advised that Internal Affairs has been trying to listen in on virtually every conversation I am having."

"Noted, sir." said Myron. "This information was obtained legally, and through public records. I managed to put together a lot of Kendra Luskin's past."

"Okay, what do you have?" I asked.

"As you know, she has a yoga studio in the City. Pretty affluent clientele." said Myron. "And there's a lot of cash flow through there... in numbers that don't seem right. Could be money laundering or something like that."

"Okay." I said. "Anything from her earlier life?"

"As far as I can tell, she's never been married." said Myron. "She's originally from Texas, born in Houston, as far as a birth certificate record shows. A drivers license and renewals of it in her name were obtained, all from the Houston area, all with photos that are definitely her. I did find one interesting record through the Texas Tax Authority... she worked for one year for the group that does the 'Miss Physical America' competitions...

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

I strode into Town Fitness Centers with Cindy, Theo Washington, and Roy McGhillie from Vice. We went into the co-ed areas, where Ariel and Wanda, Cindy's partners that ran the gym, were waiting for us.

After introductions, I said "Let's find an office to talk in." We all went into Wanda's office, which was the one in which I had the secret meeting with Coach Erskine Marshall (Author's note: 'The Murdered Football Player', Ch. 02.).

"Ladies," I asked, "do you recognize this woman?" I showed them the DMV photo of Kendra Luskin that I'd uploaded to my Police iPhone.

"No." said Ariel.

"I've seen her before." said Wanda. "She was in the 'Miss Physical America' group, but one of the side divisions, like I was. Yoga division, maybe?"

Cindy said "Sir, Ariel and I were in the main division. It was like beauty contests, like 'Miss Universe', but where fitness was the key factor. There was a senior division, where Wanda competed, though Wanda was hot enough to compete in our division, and did. They had other divisions, though, that didn't tour with us."

Wanda added: "There was a yoga division, where the women went through yoga routines, some as individual, some as teams. Closest thing to it I can think of is choreographed cheerleading or dancing competitions. I think this woman was in that division. I don't remember her name, or much about her, though. I think she washed out after one year."

"Who can I talk to that might remember this woman?" I asked.

"Millie." said Cindy. "She's like the housemother to all the girls on the road. If she's still with them, she'd be the most likely one to give you information." Ariel and Wanda nodded vigorously in agreement.

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

Cindy called the company and got Millie on the phone for me. Millie sounded elderly. I was on speaker-phone, and Theo was the only other person in the room at the time.

"Ma'am," I said, after explaining my reason for calling, "do you remember Kendra Luskin?"

"Oh yes, I certainly do." said Millie. "She was in the yoga group. Wonderful athlete, but a real bitch, excuse my language."

"What can you tell me about her?" I asked.

"She was a very aggressive woman." said Millie. "Very competitive, and didn't make very many friends. She only lasted one year. We had to let her go."

"For what?" I asked.

"It, er, came to our attention that Ms. Luskin was taking money for sex. She also was having sex with one of the judges, which of course influenced the outcomes of the competitions."

"I'm sure it did." I said. "Ma'am, did Ms. Luskin ever accuse anyone of rape?"

"Not while she was with us." said Millie. "But I heard that she made a sexual harassment complaint against that judge after she was fired. The company settled, and the insurance paid out the money. But the man involved refused to settle, and fought it out in Court."

Theo and I looked at each other. "Thank you, ma'am." I said. After disconnecting, I put the recording of the conversation into evidence servers.

"Well, Theo," I said, "what did you think of that?"

"Sir, may I speak freely?" Theo asked, surprising me.

"Uh, you can't say it within protocol?" I asked.

"No sir." said Theo.

"Go ahead, then."

"Sir," started Theo, "I don't know what happened between Captain Ross and the suspect Gordon. But I do know she told Joanne she's upset that the victim is being investigated harder than the suspect." Theo had wanted to 'speak freely' because he was talking about a higher-ranking Officer, I realized.

"How does Joanne feel about it?" I asked.

"Joanne is my partner, and we work well together." said Theo. "I'll never be as brilliant as you, sir, in solving cases by observing, deducting, and putting things together. I do think I'm pretty good at being a bloodhound, and solving cases by plain old police work. Joanne, she's got a chance to be like you. She sees things, too. And what I'm getting to, sir, is that we both think something's not right about this case, and neither does Parker."

I nodded. "Okay, thanks for telling me. And by the way, Theo," I said, making sure to look him in the eye, "you're doing just fine with your 'plain old police work'. Keep it up; just make sure you do solve the cases with that old-school police work." Theo grinned, and we left the room to join the others.

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

11:30am, Thursday, August 10th. As soon as I got back to Headquarters, I was called into the Chief's office. He had me sit down.

"So, how did the interview with the victim go?" asked the Chief.

"I didn't do it in person, but I watched, then re-watched the tape." I said. "She was consistent. Everything she said dovetailed with her statements at the Hospital last night. And like last night, she showed no emotion at all. None. I can understand her being in shock last night, but today... nothing behind her eyes."

"Unfortunately," said the Chief, "that's not exactly admissible as evidence in Court."

"No sir, it's not." I said. "What is going to be admissible, is the blue dress Ms. Luskin wore last night. It was torn when we confiscated it, and Ms. Luskin said that Peter Gordon tore it when he attacked her. She signed a sworn statement to that effect."

"Sounds pretty damning for Mr. Gorrrrdon." said the Chief.

"Except, sir," I said, "that I have four affidavits that say Ms. Luskin's dress was not torn when she was at the Hospital. Martha the M.E., Dr. Yates, Christina Cho, and Officer Lydia Green are the four persons. Oh yeah, I'm the fifth; I know Luskin's dress was not torn at the Hospital. I observed it when I saw her coming out of the exam room."

"Interesting." said the Chief, partly to himself. "Any other witnesses?"

"I.A. Detective Tunnin was asked, and said she didn't recall." I said. "Deputy Chief Harlow said she thought Ms. Luskin's dress was torn... but then would not sign a written and sworn statement to that effect when she was asked to."

"Hmmmmmmm." said the Chief. "And speaking of Ms. Harlow, I had a discussion with her this morning. What I am about to tell you is private, just as my conversation with her was."

"Hold on, sir." I said. I got out the bug-detector and went around the room. The green light glowed brightly. "It won't be private, sir." I said. "I.A. is listening in."

"So that's how you knew, and shouted at them this morning." said the Chief. "They didn't like that."

"They're going to like it even less if they keep the shit up, Chief." I replied. "If I can't have a private conversation with other Officers, much less the Chief of Police, about personnel matters, then we have a serious, serious problem, here."

"I know." said the Chief. He picked up the phone and made a call. "You guys stop listening in on my conversation with the Commander." he said. When I checked again, the green light did not come on.

"Okay." said the Chief. "About Ms. Harrrrrrlowwww. I asked her why she was at the meeting with the D.A. this morning. She said that she was asked to attend by D.A. Krasney and State Attorney Stiles. I asked her why she didn't tell me, and she said she didn't see me in my office, and that I'd be at the meeting anyway, and would know then."

"And what else, Chief?" I asked, very certain.

The Chief peered at me. "Not much gets by you, Mr. Crowbarrr. Maybe you've got my office bugged?"

"No sir." I said, very seriously. "But you are not dealing with an Agency of the Weak Minded."

"Heh heh heh heh." barked the Chief. "No, I'm not. Okay, here's the full meal deal. Ms. Harlow said that she went to the Hospital and also to the meeting because she believes you are a misogynist, and that you would not take Ms. Luskin's story seriously. She said that your in-depth investigation of Ms. Luskin, and Mr. Milton's work at your request, is proof of her concerrrrns."

"Geeez!" I gasped. "First, how does she know what I asked Myron to do? Second, where does she get off calling me a misogynist?"

"I don't know about the Myron part." said Chief Moynahan. "But I do know she went to IG Wellman, and claimed that Teddy Parker was a racist and that you were covering up for him, and then she told Wellman she thought you were a misogynist, and automatically against women no matter what the facts of the case were. She spoke to him immediately after the D.A.'s meeting this morning, and asked IG Wellman to talk to Ms. Stiles. They want you removed from the case entirely."

"What did the IG say?" I asked.

"He said he'd monitor the situation, but would not pull you off any cases unless and until he had proof of malfeasance on your part. Then he called me." replied the Chief. "And by the way, I can't twist Ms. Harlow's cap around like I want to, because she went to the IG, and she would just file a sex discrimination case against me, and you..."

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

"It's bad, Commander."

The words were uttered by attorney Mike G. Todd. He was sitting in my office. I had turned on the bug-killer, having made a 'memorandum for the record' that my conversation with him was protected by attorney-client privilege. I.A. could pound sand, as far as I was concerned.

"Tell me." I said.

"First," said Mike, "Judge Nance was totally shocked when I appeared as Peter's attorney. He started interrogating me about who was paying me, and I told him I was taking this one pro bono for this hearing. He was pissed at that, too." Mike grinned as he remembered how pissed Judge Harry 'Spud' Nance had been.

Mike continued: "I thought Nance was going to have a heart attack when I refused to waive the preliminary hearing. But then he went ballistic when I asked that he recuse himself and that another judge be assigned to the case, citing him assigning Epstein out of turn. I'm glad you got those Court records; Nance was about to throw me in jail, and would have if I didn't have them."

"He was going to throw you into my jails." I said with a grin. Mike grinned, as well.

"Yes sir." said Mike. "Anyway, to my surprise Nance did recuse himself. I thought we'd get Judge Watts, but Folsom took the case himself. Again, I waived nothing, and we have the hearing Monday."

"Good." I said. "What happened about bail?"

"Well..." Mike said, sitting back with a Cheshire Cat grin, "I went through the motions, just like you said to do." I grinned, as well.

"Who was the Prosecutor?" I asked.

"For the hearing before Nance, it was ADA Savannah Fineman." said Mike G. Todd. "She's Solicitor Miriam Walters's main assistant, and sometimes handles arraignments. But when we were transferred to Folsom, State Attorney Jenna Stiles came in. And she was like a caged tiger. She fought us the whole way. She wanted no bail at all, saying Peter had no ties to the community, his parents live in the City, etc. I said he had a business here, lived here, and all that, but Folsom denied bail. He did say he would reconsider bail after the preliminary hearing."

"Okay." I said, nodding, my eyes growing introspective. "Okay." I picked up my phone and called the Duty Desk. "Did Peter Dwayne Gordon get sent to County Jail after his arraignment? Or did he come back here?"

"Here, sir." said the Duty Desk Sergeant. "You put him on suicide watch, and we handle those better here."

"Okay, thanks." I said. Hanging up, I said to Mike "Okay, Mike, I appreciate it. So, let's talk pay arrangements for you. I'm not rich, but I can give you a retainer up to $100,000---"

"Commander," said Mike, "I appreciate it, but I don't have to be the Iron Crowbar to see that this guy is being railroaded. This one's on me, though if you help defray expenses, I'll be grateful."

"Consider it done." I said. "Keep good records and receipts. So what's next?"

"The hearing is on Monday." said Mike. "Nine o'clock a.m. It'll be our chance to challenge the evidence before we go to trial. But I'll tell you now, it's not likely we're going to get the charges tossed, unless you find something really big. It'll go to trial. And I'm going to play the card you're suggesting... when they try to get bail denied, I'll agree... in exchange for a fair and speedy trial."

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

At 3:30pm, Captain Teresa Croyle came to my office. I had her come in and sit in a hot chair.

"Whaddya got?" I asked. I used the bug-detector; the light glowed brightly. "And we're being listened to by I.A., so be aware."

"Wow, those pricks are getting on my nerves." said Teresa. "Having said that, I wish to God we had that kind of bugging in Midtown, when I was in I.A. there. There was some serious trash in the MPD back then."

"Which Chief Frank Soltis and his people are doing a very good job of rooting out." I said. "But I've got this Police Department to worry about. Whassup?"