Panthera Spelaea Ch. 21-30

"You're keeping me very busy, John," she replied as she sat next to me at the table. She opened her briefcase and removed a bag; inside was a big sandwich packed with meat. "I figured you were hungry."

She was right. I ate the sandwich, washing it down with milk, and felt much better already. "What happened with Anna and Svetlana?"

"Both were questioned separately at different police stations. It took me a while to get to them, but they were smart enough not to say anything until I was there, and their statements matched. By dinnertime, both of them were back at the apartment. I warned them that there would be far more than two bugs in their apartment now, and they would be much harder to find. I wouldn't put it past the Task Force to move in next to them and listen through the walls."

"But they are all right?"

"It was rough on them, and it wasn't over. Svetlana missed her hearing for the charges against her at the hospital because she was still at the police station. It didn't matter; they found her guilty of fraternization and fired her. Anna complained about it in a television interview, and she got fired over the telephone last night."

Jesus. I'd ruined their livelihood just by being around them. "Tell them I'm sorry. I never meant for them to get hurt."

"Your mother is helping them, and they are fiercely loyal to you. Now, before we talk about the hearing, tell me what has happened since your arrest."

I went through the questioning at the downtown station, then at Lefortovo. "I made no statements about that night, and I didn't even look at the confession paper. They did put another English-speaking inmate in with me, but I told him nothing as well."

"Fyodor Zobnin, he's on the witness list."

"Do you know what they have on me?"

"We'll find out shortly. I hope we get a good judge because this is going to be fun."

"What is going to happen?"

"This is the equivalent of an arraignment and bail hearing in your country. The police can only hold you for forty-eight hours before such a hearing. Senior Investigator Kaprisov has filed a motion requesting that you be denied bail and detained pending trial."

"Kaprisov? Why is he doing it when I've already spoken to the Prosecutor?"

She let out a sigh. "Because they are playing fast and loose with the law. Officially, the Police have two months before they transfer the case to a prosecutor, though they can request up to a year, and sometimes that limit isn't met. After the prosecutor gets it, you have to schedule a trial. You could easily spend two years in prison before you see the inside of a courtroom again."

Damn. "The State wants the death penalty, and this is a high-publicity case."

"Exactly. The horrific nature of the deaths, plus the fact one of the dead is a police officer, means the judge will be reluctant to grant bail. That's what we are fighting against, John."

"And what is on our side?"

"The truth," she said. There was a knock on the door, and Marina left the room with the officer. Ten minutes later, still shackled, officers escorted me through another door into a courtroom. Marina was sitting at the closest table, and the officers locked my shackles to a loop set into the floor. Mom, Anna, and Svetlana were sitting behind me, but the officers stopped me when I tried to talk to them. It was a full house in the audience section, including some foreign press.

Senior Counsellor Rozanova was at the other table, a younger assistant at her side. There was no jury box, just a raised area where the judge would sit. "Don't say anything unless the judge directs a question to you, and stand and sit when I do," Marina said. "The proceedings will be in Russian. You will wear these headphones, and a court employee will translate the proceedings into English for you."

"I understand," I said. A door to the side opened, and everyone in the courtroom stood. I stood as well, the chains rattling the only noise in the room.

The bailiff started talking. "Court is now in session, Central District Judge Vitali Shemkov presiding." The judge sat, followed by the rest of the courtroom. "Detention hearing for John Jacob Cantwell."

"Madam Prosecutor?"

"The State is requesting no bail, Your Honor. The detainee is the main suspect in the murder of thirteen people. One of the victims was a police officer actively surveilling the detainee over suspicion of three additional murders in Siberia last month. The detainee is the subject of two active murder investigations and sixteen victims. He is a foreign national, thus an obvious flight risk, and should remain in custody pending trial."

The Judge looked at me like I was dog poop on the bottom of his shoe. "The investigations are ongoing?"

"Yes, your honor. The crime scene is complex, and analysis of DNA and other evidence could take months. In addition, we know the detainee had multiple accomplices, but we are still searching for them. A prolonged investigation is likely."

The judge nodded, then turned to Marina. "And the Defense?"

"We request the defendant be released immediately, Your Honor." The courtroom erupted, and the judge banged his gavel, and the bailiff warned the court to remain quiet. "The Government doesn't have a bit of evidence to support their contention my client was involved in either event. You cannot detain a person based on a hunch; such detention requires at least enough probable cause to justify an arrest. The State has failed to meet even that low threshold has not been met. In the Siberian crime, my client was a victim. He nearly died in the river, only waking up a week later in a Moscow hospital. The Criminal Investigation Division has nothing on him except that he barely survived while the other three in the boat didn't. Their evidence was so weak that they did not even bring him before a court before releasing him."

Marina wasn't done; she was just getting warmed up. "The Police arrested my client in his girlfriend's apartment, hours after the deaths occurred and over a kilometer away. They did this without a warrant, despite the law allowing this detention ONLY if he was at the scene of the crime. The law requires that Mr. Cantwell have two hours with his lawyer before any interviews and for his lawyer to be present. Two interrogations took place while I was still trying to find out where the police were holding John; the police never allowed him to call his lawyer or his family. The law requires that police notify his family, but they found out from the international news. He has a right as a foreign citizen to have Consular representation, but no police officer contacted the US Embassy. Finally, within three hours of detention, police must prepare a protocol stating the grounds for the arrest. The police AND the detainee must sign the protocol. Where is it? My client never saw it and never signed anything. The State never gave it to me, Your Honor. Can they produce it for you?"

I could see the Judge was getting mad. "Madam Prosecutor? Where is the protocol?"

She was dead, and she knew it. "I do not have one, Your Honor."

"And the other failures to follow the law and protect the detainee's rights? Do you dispute them?"

"No, Your Honor."

"Can you bring forward a single piece of evidence that shows the involvement of the detainee in either crime?"

She swallowed and removed a piece of paper. "Surveillance video near the suspect's apartment confirms Mr. Cantwell and two women got into an argument on the sidewalk with twelve individuals. The twelve were friends of three men Mr. Cantwell assaulted on the Moscow subway, leaving all three in the hospital. Mr. Cantwell led them into a trap where all twelve men, and the police officer, were killed by a waiting lion."

Marina just laughed. "You have something to add, Counsellor," the judge asked.

"Yes, sir. The video also shows the gang members boxed Mr. Cantwell, his girlfriend, and her roommate as they walked home, threatening them with a gun. They fled, losing the pursuers in the park. The police found no evidence tying my client to the scene of the crime. Police found no injuries on his body, no eyewitnesses, and no physical evidence on his person or in the apartment. They found no African Lion in the apartment; in fact, they've never found the Lion who killed the men. The plain fact is that the Task Force has no idea who is responsible for the deaths, but they have a wealthy American to blame it all on. That is why we are here, Your Honor. The State has already trampled this man's rights, and they seek to continue violating them while they search for ANYTHING that might point to his guilt. This flouting of basic rights cannot be allowed to stand, and the only remedy is the obvious one. Release him now, Your Honor. When and if they have probable cause to arrest the killer, they can come before your court and show cause for a warrant."

Marina was kicking ass, but it still depended on the judge. Who wanted to be the one who freed a cop killer, after all?

"Madam Prosecutor?"

"The detainee remains the prime suspect and a flight risk, Your Honor."

Marina wasn't taking that lying down. "Mr. Cantwell was not involved in the Mitino Landscape Park deaths, Your Honor. Mr. Cantwell is a victim of the events in Siberia. The Court retained his passport because of the open investigation there, not because they had evidence of his involvement. Mr. Cantwell has resided in a hotel or at his girlfriend's apartment since then. If he's a flight risk, he would already be gone, Your Honor."

The judge nodded. "Court is in recess for one hour while I review the submittals." We all stood up as he left.

When the door closed, Marina turned to me as I took the headphones off. "That went as well as I could hope. Now we wait," she said.

I barely had a chance to tell my Mom and my girlfriend that I loved them before I was led back out of the courtroom.

Ch. 29

I waited with a different guard in the prisoner waiting room until he got word the Judge was ready to rule. I was cautiously optimistic that Marina had done enough from a legal sense, but I didn't trust the system at all. Fyodor was right about one thing; the scales of justice in Russia are weighted in favor of the State. I had to hope my parents, the embassy, and the foreign press could push down on my side a little.

This guard spoke English and filled me in on some of the things that I had missed. Moscow had lived in fear for days after the killer lion's rampage and photograph; military vehicles with heavy machine guns remained in the vicinity of the only sighting. Despite active searches and a highly nervous populace, the lion had vanished shortly after heading north across Novotushinski Proyezd. Rumors of Russian Mafia bosses, famous actors, or secret military programs owning the huge lion ran rampant. For days after the attack, the streets were nearly empty due to fear of the rampaging beast. "What do you think happened to it?"

I rolled my eyes. "There are thousands of big cats in captivity, and not all get treated well. I would bet the owner loaded it up and got the hell out of town. It's the only answer that makes sense."

"You're probably right," he told me. "Your lawyer did well in there. I've never seen a prosecutor slapped down like that in open court, especially that one. She's an ice queen."

"Desperate times," I replied. "I imagine the pressure to solve these crimes is coming right from the top." I steered the conversation away from the crimes, asking about the best places to sightsee and take a date in Moscow.

"You're confident in release if you're asking that," he said.

"You saw my girlfriend, so you know I have to dream," I replied. He gave me a few ideas; a boat cruise along the river, beaches, and a few nightclubs. He was telling me about one of the parks when another guard came in to retrieve me.

I went back into the courtroom and looked at Marina. "Anything?"

"No, but I'd love to have been a fly on the wall when Prosecutor Rozanova got back to her office. I bet she tore the Police Chief a new one."

It didn't help me, but shit always ran downhill. Kaprisov's arrogance screwed them, and it was a question of whether the Judge would let it slide. We rose to our feet as the Judge entered the courtroom, and I put my headphones on. "Be seated," he said, and he didn't look happy. "Few times in my career has a case come before me where State violated the legal rights of the defendant so repeatedly and brazenly. From the arrest to this hearing, almost nothing has complied with standard criminal procedure. These repeated violations are not excused because of the seriousness of the accusation or the fluid nature of the investigation. They are fundamental to our legal system, and I expect the Moscow Police to investigate and hold those responsible to account."

So far, so good. "I have reviewed the State's evidence and do not find sufficient cause to support a warrant of arrest, much less the charges filed against him. The charges against John Jacob Cantwell are dismissed. I further order that Mr. Cantwell's passport remain in the custody of the Court, pending notification of the completion of the investigations. Mr. Cantwell, you will remain in Russia for the time being, but you are free to go with the apologies of the Court. I will see the Prosecutor in chambers." The judge banged his gavel and rose out of his chair. The entire courtroom stood with him, waiting until he left to erupt.

I was smiling as I thanked Marina for her work. One of the guards unlocked my shackles, and I turned to embrace my three-woman support network. "Thank you," I told them as we hugged and cried.

The friendly court officer got my attention. "If you'll follow me, Mr. Cantwell, there is some paperwork to complete for your release."

Mom handed me a bag of clothes, and I went back out of the courtroom to the waiting area. Marina arrived shortly after with the court clerk, and she translated the paperwork for me before we both signed. With that, I left via a different door and took an elevator to the main lobby. My three ladies were waiting, along with dozens of reporters. "If you make a statement, don't blame the cops. There's no point in making them hate you more," Marina whispered to me.

Dressed in slacks, a dress shirt, and black loafers, I felt a lot better about myself now than when I arrived. I embraced my Mom, then took Svetlana's hand as I walked towards the waiting microphones. "This has been a nightmare for me," I started. "I would like to thank my family, my friends, and my lawyer for their support in this time. I hope the police find the lion responsible for those brutal deaths and bring the owner to justice. Thank you."

Marina led the way out through the crowded lobby and the divided crowd. Some were happy that I'd gone free, while others were angry the judge let me go. "What is next," I asked as we exited the building.

"You're going to stay out of sight and out of trouble until things calm down," Marina said. "Call me tomorrow."

"I'm taking you back to my hotel for now," Mom said. "I fly out tomorrow morning at six-thirty, so I need to be at the airport by five."

I looked at the girls. "We have to go back to the apartment first. The neighborhood is restless, John. It's probably best you don't return. We'll bring your things."

"Bring them where?"

An older man got out of a car parked in a lot near us, and Svetlana smiled. "Come meet my Dad," she said. He was in his fifties, and his face broke out in a smile as his daughter ran into his arms. "He's free!"

"I see that, Lana," he said as he looked me over. "Sergei Sevastyano," he said as he stuck out his hand.

"John Cantwell, and my mother, Carolyn." His handshake was firm, his eyes searching mine. Sergei was a man who didn't work at a desk all the time and was highly protective of his daughter.

Mom liked Svetlana and was eager to learn more about her. "Can you join us for dinner tonight, Mr. Sevastyano?"

"Please, call me Sergei. I'm afraid I can't. I'm following the moving truck home, and it is a long drive."

I raised my eyebrow and looked at the girls. Anna answered first. "We've been evicted. The apartment manager is afraid of the protesters and the police, and since we both got fired from the hospital, we couldn't afford to pay rent anyway. We've got most of our stuff loaded into a truck now. We need to finish, check out of the apartment, and drive the truck out of town."

"You're going home?"

Svetlana nodded. "I'm bringing Anna with me. Dad has a friend at the hospital in Rybinsk, and they always have openings for nurses."

I hated they were out of jobs because of me. "You're letting Viktor chase you out of Moscow?" I was sure he was behind their firings.

"We're all right with it," Anna replied. "The real question is for you. Where will you go?"

That was the easiest question of all. "Wherever Svetlana needs me to be," I said before I leaned down and kissed her. Mom was looking at me with that 'I better get my mother of the groom dress ready' look, knowing Svetlana had me hooked, landed, and cleaned already. God only knows what they talked about while I was in jail. This plan didn't work for me. I needed to see my Mom tonight and drop her at the airport, but I didn't want to spend the night without Svetlana. "I have a better idea. You all went through hell to get me out of there, and we should celebrate. I'll go back to the hotel with Mom and get extra rooms. Sergei, you take the girls back to their apartment and finish moving out. Bring the truck to the hotel. We can eat a big meal, have a drink or two, get some sleep, then leave before rush hour traffic. It will give our families a chance to know each other before my Mom flies out."

Mom was eagerly nodding, and Svetlana's dad just had to look at her to see what she wanted. "Let me call Nadezna and make sure it is all right," he said.

"No, I'll call Mom," Svetlana said. Mom couldn't say no to her either. "Mom expects us for brunch," she said as she hung up.

"Fine. We better get going." I kissed Svetlana goodbye and got a hug from Anna before they got into Sergei's car. I followed Mom to where her driver was waiting. The rear windows were dark tinted, and the press couldn't see us ducked down in the back as we left the parking garage. The driver dropped us off at the familiar Doubletree- Moscow Marina lobby. The assistant manager recognized me. "Mr. Cantwell! Welcome back to the Doubletree," he said as he glanced around.

"Thank you, Igor. I need three more rooms for tonight, two singles and a double." He verified the rooms, all on the same floor but not together. I had my wallet back, so I put them on my credit card. I kept the king suite for myself, holding the other two for the girls and Sergei. We didn't have any baggage, so Mom and I found couches in a quiet corner of the Lobby Lounge. "I need food badly," I told Mom as I waved the waitress over. I ordered a bottle of wine, some shrimp cocktail, and beef and mushroom pierogis. I'd polished off the dumplings and had just ordered another plate.

"I've never seen you so hungry," she said.

"Prison food isn't exactly filling," I said. I didn't tell her that my appetite had roughly doubled in the time before my arrest. All I knew was that my body craved food, and I knew I had to keep the lion well fed. I gave Mom a summary of what happened to me after my arrest, leaving out the beating. She listened and hugged me, and that was the end of that part. Mom wanted to talk to me about Svetlana and what my plans were for her. "I love her, and I think she loves me too," I told her. "We haven't known each other that long, but I trust her with my life."

"I see how she looks at you, John. You two are a good match. When are you getting engaged?"

I rolled my eyes. "Mom, I just got out of prison, and half the country thinks I'm a serial killer. My legal bills are mounting. I can't leave Russia, I don't know much of the language, and I can't get anyone in my field to return my phone calls. If not for the money you and Dad provide, I'd be in bad shape. It's not the right time."