Private Practice Ch. 03

Bettina: "And in other news, the Town & County's children are excited to begin school today! Under new Federal guidelines, children of all ages will be taught about the damage that Climate Change and irresponsible businesses are doing to our earth. And now let's go to Jeff Hull for more on the University Bulldogs's game against Taco State tomorrow. Jeff!..."

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

"I can't believe it." Lt. Commander Teresa Croyle said as the Usual Suspects (except Cindy) drank coffee and watched the propaganda-cast in the Chief's Conference Room. "Not one word about the Peter Frost case being solved!"

"Nor about the upcoming Locklear trial." said Deputy Chief Tanya P. Muscone. "Not one word of praise or support for Savannah Fineman's jihad against gun rights and self-defense, like they've been doing. Any idea why not?"

Teresa said "Cindy's secret source told her, and she told me, that KXTC is scared shitless that Denise might be allowed to testify in the Locklear trial, which would blow up Savannah's prosecution of Stanley. That's probably why they didn't say anything, and won't until Judge Folsom makes a ruling on it today."

I said "Yes, and I have been 'invited' to that 'come-to-Jesus' meeting with the Judge and the attorneys."

"Is that why you're wearing your Duty Dress uniform?" Tanya asked. I was indeed wearing my Duty Dress jacket, and a white shirt and black necktie underneath it.

"Partly." I said. "And I'll be at Eastside Elementary today to welcome the first graders. Tasha and Ian are starting school today."

"So is Mike, so I'll be there, too." said Teresa, speaking about her adopted son.

I said "And Patricia Allgood is going to be in first grade, so Daniel and Melina will be there."

"They grow up fast." said Tanya. "I have a question about that Union business. Are the rank and file really that upset about not having an I.A. Commander?"

Teresa said "My Precinct leaders have not said a word to me about it. And if there's an issue, they know the Inspector General's Office can step in and handle it. So I don't know what the Union's problem is."

Chief Moynahan added: "I'm not sure they have the right to make that grievance. The I.A. process for Officers is part of the Collective Bargaining Agreement, but a requirement that we have the I.A. Commander slot filled is not mentioned at all." I could tell the Chief was aggrieved, pun not intended, because he was not drawling.

"What do you think of it, Crowbar?" the Sheriff asked me.

"Two things, Sheriff." I replied. "First, I suspect Bettina is talking about it so that she doesn't have to talk about us solving the Frost case. And second, I would not be surprised to learn that there is colluuuusion between the biased, dishonest, and corrupt Media with the Union to bring this up and make hay of it. I also have not heard any word of our Officers having a problem with it..."

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

"Apt to lose this inhibition
Follow your intuition
Free your inner soul
And break away from tradition"
--- The Black Eyed Peas, 'Let's Get It Started'

8:15am, Friday, August 27th. The gauntlet of parents formed as the music of The Black Eyed Peas's 'Let's Get It Started' began playing over the loudspeakers. Eastside Elementary first graders began coming through. Ian Troy had chivalrously allowed his sister Tasha Troy-Patterson to go first, and he followed.

I was at the end of the line, waiting with Sheriff Griswold and Mayor Daniel Allgood to greet the children. In what was becoming tradition, Tasha grabbed the other end of my red crowbar and said to the others "Touch the crowbar for good luck!" Chief Deputy Cindy Ross was taking photos of each child with my crowbar as Ian, Patricia Allgood, Mike Burke, and all the other kids came through.

After the ceremony was over, I was gathered in a group with the Sheriff, the Allgoods, Teresa, and Cindy when a text came to my Police iPhone: "They're holding Tyson back."

It was from my daughter Carole's 'emergency' cellphone that she carried to school for emergencies. And I knew what it was about. Fourth grade is where students went to different classes than homeroom for Math and for English. Carole and Marie were in the 'smart set' class. But Tyson, the very smart black kid, was being relegated to classes with the 'ordinary' kids (for lack of a better term) that would not be taught at an accelerated pace.

"Teresa," I said, "let's go see what's going on."

"I'm coming with you." growled Sheriff Griswold. We made our goodbyes to the Allgoods and Cindy, who were arranging for the photos to be sent to the kids as a gift from the 'Allgood For Mayor' campaign, and went to the Principal's Office.

When we got there, we found Tyson's parents about to be in a heated argument with the Principal, Mrs. Keaton, and the Assistant Principal, Mrs. Carson. As usual, I started some 'trouble' by speaking up: "I'm hearing rumors that young Tyson is being put in classes that are less than his abilities?"

"I'm glad you're here, Commander, Sheriff." said Tyson's father. "I don't know how you knew, but yes, Tyson is not in the top Math and English classes."

"And why not?" I asked with authority, my eyes boring in on Mrs. Keaton.

She replied: "Tyson's teacher last year, Mrs. Wayne, very strongly recommended that Tyson be put in the second level Math and English classes, that he was not ready for the top-level class."

"Did she put that in writing?" I asked as I got on my Police iPad and began bringing up data.

"Yes, Commander." said Mrs. Carson, who was normally one of the 'good guys' vis-à-vis school issues. "It's part of his permanent record."

"I see here that Tyson's test scores in Math and English last year were third-best in his entire grade, just behind Sidney and my daughter Carole." I said. "So how is it---"

"How do you know that?" Mrs. Keaton said angrily. "Those test scores are confidential!"

I just looked at her as if she'd fallen out of her tree, then tapped my badge on my chest. "I'm the Police. I can look up stuff like that. And I want an explanation of why the kid with the third-highest test scores in his entire grade is not in the top-tier classes. Make me understand that, Mrs. Keaton."

"Make me understand it, too." said Tyson's father. "It sounds like racial discrimination against my son."

"Oh, please!" Mrs. Keaton said angrily. "Would you stop playing the race card every time you possibly can?"

"In this case," I said before Tyson's angry dad said something, "I believe he is correct. Mrs. Wayne tried to downgrade Tyson's role in last year's Christmas play, and tried to downplay Jameis's role in the play as well." (Author's note: 'Christmas Mystery Theater Redux')

Me: "And for her to say that Tyson, who I know personally and am very impressed with, is not ready for the top-level class is incomprehensible to me... unless it is racially motivated. And these test scores, Mrs. Keaton?"

"I'm going to call my lawyer, right now." said Tyson's dad, fishing out his cellphone.

"Just one second, if you will." I said. I turned to Mrs. Keaton and Mrs. Carson and said "We can play this one of two ways. While Tyson's dad calls his lawyer and sues you, I'll be calling the Press and telling them of this incident of racial discrimination. Orrrr, I can begin a formal Police investigation of this incident, and refer my findings to Federal and State authorities for them to do something about it."

Mrs. Keaton said "I'd like to help you, Commander, but there is nothing that can be done about it. The class is full. We cant't add any more students to it."

I said "Sure you can. Orrrr, you can take the kid in that class with the lowest scores out, and put Tyson in. One way or the other, Eastside Elementary is not going to stunt the development of a promising young student based solely upon his skin color and the racism of his previous teacher."

Sheriff Griswold said "I'd do what the Iron Crowbar says, if I were you. I'll be having words with the Press, as well, if this doesn't get fixed..."

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

Mrs. Carson escorted us to Mrs. Allrouge's homeroom class. When I followed her in, everyone in the class said in unison "Hi Mis-ter Crowbarrrr!"

"Hi kids." I said. "Tyson! You will go to Mrs. Worf's English class and Mrs. Beatty's Math class." The class erupted into cheers. I suspected that certain children had brought up the injustice being done to Tyson. I suspected that one of them might be Carole Diana Troy, and the little smile I saw on her face confirmed it.

Mrs. Carson went about the business of confirming Tyson's class upgrade. As we left, I said "You guys do great things in school this year, and make me and the Sheriff proud. That got another acclaim from the kids...

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

Tyson's parents thanked us effusively, and I handed them my card and told them to let me know if Tyson had any more trouble at school. Teresa and I walked to the Courthouse, where I'd parked my Police SUV.

"I can't believe it." Teresa said. "Why would they do that to a kid like Tyson?"

I said "I'm afraid it happens all the time to black kids. That's one reason why it's hard as hell for them to break out and achieve. And yes, I wrote the new Charter with things like that in mind. Unfortunately, we can't help all of them like we just helped Tyson. I just know I'll have to make sure no one tries to fuck with Tasha like that when she gets to third grade."

We did not know it at the time, but we had saved Tyson's future. He would not be downgraded again, and he would ultimately become an astrophysicist and be part of NASA's elite teams in his adult future. I did know that I was proud of Carole for risking retribution by contacting me, and I would be telling her that this evening as we gave two outstanding dogs some skritchins...

Part 18 - Pre-trial Emotions

9:15am, Friday, August 27th. Teresa and I were ushered into the Chambers of Superior Court Judge Patrick R. Folsom... fifteen minutes late. Already present were Michael Thomas McGill, Savannah Fineman, Michael Bertram, and my favorite (not) sweet-talking legal beagle, Gwen Munson.

"Nice of you to join us, Commanders." the Judge said with considerable acerbity.

"My apologies, Your Honor." I said. "We had a little trouble at Eastside Elementary that we had to work out."

"Have a seat." the Judge said. "The reason---"

"Your Honor," interrupted Savannah Fineman, "I protest the presence of Commander Croyle at this hearing. She is not being called to the stand, and she has no reason to be here."

Judge Folsom said "I guess that if any of you were stupid enough to attack the Iron Crowbar, he can take care of himself. You may go, Commander Croyle." I nodded to Teresa, and she exited the Judge's Chambers.

"As I was saying before I was interrupted," said Judge Folsom, "the reason I have you here today, Commander Troy, is because your name is being taken in vain. Mr. McGill wants to call you to the stand to testify to what Dr. Peter Frost's killer said in her confession and subsequent plea deal. He also wants to subpoena the records and videos of his counseling sessions with Marla Locklear."

Judge Folsom: "Commander, do I understand correctly that Dr. Frost's assistant Denise did agree to truthfully testify in the trial if called to the stand?"

I knew that the Judge knew the answer to that; after all, he'd personally approved the plea deal. So I said "She did agree to that, Your Honor."

Judge Folsom said "And that was included in the plea deal before or after her confession?"

"Afterwards, Your Honor." I said. "She admitted to the contents of the Locklear files and videos before that plea deal was worked out and agreed to."

"Thank you, Commander." said the Judge. "Does anyone have any questions of the Commander before I let him leave?" No one did. The Judge excused me, and I got out of there as fast as my long legs and bad back permitted me to move...

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

1:00pm, Friday, August 27th. Michael Thomas McGill invited me and Teresa to lunch at the Cattleman's Club, and of course we accepted. When we got there, he and his colleague Mike G. Todd had just arrived, and we all were seated in the back room for some privacy.

"I asked Mike to come, since he's your attorney, Commander Troy." said McGill. "Very often in sensational trials like this one is becoming, witnesses often should have their own attorneys."

"I entirely agree." I said.

After we ordered, McGill said "The Judge almost asked both of you to come back to his Chambers. It almost got physically violent in there. Michael Bertram is a thug, and I get the idea that he has often used physical intimidation to get his way."

"Not to mention attempted rape." I replied, remembering Denise's story. "So how did it go?"

McGill said "Some good, some bad. On the good side, Judge Folsom allowed me to put Denise's name on the witness list, but conditionally. He said he was inclined to allow her testimony, including her personally witnessing Frost and Marla Locklear having sexual intercourse. And then he turned around and said he still would disallow the videos and files to be released, and would prohibit her and me from bringing it up."

I said "All you have to do is put the full text of the plea deal into evidence."

"Which Judge Folsom would have partially redacted." said McGill. "But he also said he is going to get a report from Chaplain Romano, who I believe has already seen the files." I nodded, and McGill continued "Fineman and Bertram began making crude jokes about a priest watching porn, and I seriously asked how they knew it was (air quotes) 'porn', and petitioned the Judge yet again to censure Fineman and report her to the State Bar for malfeasance."

"Of course he ignored me." McGill continued. "But I saw the first signs that he is getting irritated with her, and he's already irritated with Bertram. But there is another thing I need to ask you about. If I can put Denise on the stand... should I?"

"What do you mean?" Teresa asked.

McGill said "Her testimony would rip Marla Locklear's credibility to shreds. And if we could get just that one video of her discussing with Peter about lying on the stand to incriminate my client, I could ask for a directed verdict of acquittal on the spot and probably get it."

"However..." he continued, "the flip side is that Fineman is going to get up there and say Denise lied to get a plea deal, and is lying on the stand to keep the plea deal; that she is so desperate to get away with murdering Frost, she would tell any lie that I... and more specifically you, Don... told her to say."

I said "She's the most devastating witness, but also the least credible." After a moment's thought, I said "I'm not a lawyer and I don't play one on TV, but if Fineman said something like 'she can't prove what she said', or if Fineman asks 'can you prove that?', thinking that the tapes won't be released, would that be opening herself up to allow the tapes to be admitted?"

"Maybe." McGill said. "But it would really have to be Fineman making a huge mistake and saying or asking that out of the blue. Denise could then answer 'What I said is on the tapes', and the cat's out of the bag. However, Judge Folsom... who in my opinion is really favoring Fineman and her anti-gun-rights, anti-Castle-Doctrine prosecution... could just have anything said stricken from the record and the Jury instructed."

"And to that point, Don," said Mike G. Todd, "you'll likely be instructed to not mention the videos, nor anything Denise said in her confession about the videos."

"So close, yet so far away." I lamented...

Part 19 - The Trial of Stanley Locklear

"This is Bettina Wurtzburg, KXTC Channel Two News!" shouted the redheaded MILF reporterette at 7:00am, Monday, August 30th, from the rooftop of the building at Riverside and College, with Police Headquarters in her distant background. "The Toyota Gang strikes again!"

After the hard-charging intro music, Bettina began: "Two convenience stores on the southside of Town were robbed at gunpoint Saturday night, with no signs of a Police presence or activity. The gang members were clothed in all black and driving a Toyota Camry."

Bettina: "Social Justice groups and Civil Rights leaders are strongly criticizing the lack of action by Commander Donald Troy's Town & County Police Force. The Toyota Gang has operated with impunity for several months now, and most of their targeted victims are Minority-owned stores in Minority areas. As usual, Commander Donald Troy has not responded to repeated requests by Channel Two New for comment."

Bettina: "And now let's go to trusted reporter Amber Harris for an update on the Stanley Locklear trial. Amber!"

"That's right, Bettina!" said the short, athletic blonde, reporting from the copse of trees near the Courthouse, with said Courthouse as her background. "The capital murder trial of Stanley Locklear begins this morning after a contentious weekend of pre-trial motions and rulings by Superior Court Judge Patrick R. Folsom. Locklear is charged with using a gun to murder his unarmed business partners, and ADA Savannah Fineman is confident her prosecution will prevail in the trial..."

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

"Whoa, they reported on the trial!" said Deputy Chief Tanya P. Muscone as the Usual Suspects, including Cindy, drank coffee and watched the propaganda-cast in the Chief's Conference Room.

Over the weekend, Cindy and Callie brought Betsy and Baby Ben to The Cabin. Betsy reached her little arms out to me and Cindy handed her to me. I got a strong hug and gave Betsy one in return, then she sat on my lap as we talked. Cindy had followed Teresa's sage advice to hand Betsy to me, knowing I could not possibly be angry if Cindy brought up Miriam Walters while holding Betsy. And it worked; Cindy admitted I was right, and I didn't gloat or get bitter about it.

Now in present time, I said "Judge Folsom is continuing to block the release of the files and videos, citing doctor-client privilege, so if Fineman doesn't fuck up like she normally does, the Jury won't get to see that important information. So KXTC feels good about reporting on it."

"Makes sense." Sheriff Griswold growled. "What's going on with the Toyota Gang?"

"They hit two stores fast and hard." I replied. "Intel ran some analytics and determined the six most likely places they might hit. The same was being done in Southport and Midtown. We had six stakeout teams in unmarked cars at the likely places, and had our patrols concentrate on the southside."

Me: "Problem was, Sheriff, it was just one gang in one vehicle, not the normal and expected two. And they must've done their own analytics and anticipated us, because they hit two stores that were nowhere close to the ones on our list. The Toyota came out of nowhere and hit the first store, then quickly hit the second store on the way out of the County and into Coltrane County to the south. And Coltrane County's LEOs were watching out for them, but never saw 'em."

Me: "They also hit on Saturday, and nothing happened Friday. So I'm wondering if they made this hit as some sort of distraction. It fits their patterns in some ways, but not in others. I-M-H-O, there was a different purpose and intent behind this one."

Tanya said "I know there has been speculation that the robberies are distractions for possible drug activity. Yesterday (Sunday), Jack got a phone call, and it was from Dwight Stevens of the DEA. Jack and I make a point to not talk shop, so I didn't ask what it was about, and he did not volunteer any information. But maybe there was some drug activity in connection with this hit?"

"Vice had nothing, at least nothing reported to me." I said. "I'll find out when I talk to Captain Michaels later this morning."