The Admonition

"Listen Deputy, he said more forcefully, I'm not happy to be here but if you'll cooperate we can make this as painless and inconspicuous as possible. Please open the door so we can discuss this quietly inside."

I removed the chain and as I stepped back a female deputy sheriff who had been out of my field of vision and who I vaguely recognized, slipped in behind him. He introduced her as Deputy Gonzalez and asked if we could take a seat. I motioned him to the sofa and they both sat as I took a seat in an adjacent wing chair.

Before he could speak I said:

"Let me ask you something Agent Lupo, it was on my mind yesterday before our 'interview' ended abruptly. This is a homicide investigation so why is the FBI involved?"

"This is not going to be a twenty-question exercise. I have a job to do and I intend to do it — — —, hopefully with your cooperation, but with or without it, it will get done. However, I will tell you this. Detective Wellaton was involved at a minor level with our Joint Task Force on Organized Crime and although we have not found a connection that would even remotely rise to this level of retaliation, it is not something that we have completely ruled out."

"Let's get to the protocol. As a matter of professional courtesy, I scheduled our arrival while most of your neighbors are either still asleep or busy getting ready for work. There are other cars outside and other personnel who will be involved. I have kept the number to a bare minimum and all of the vehicles are unmarked. I know that your department uses your division extensively to assist its detectives in enforcing warrants so none of this will be news to you."

"The warrant has restrictive parameters. You know we are not looking for guns, or drugs or gambling receipts. You also know that we have to use procedural guidelines in these matters. One of those guidelines is that the occupants of the house have to be restricted as to access as the search is conducted. Deputy Gonzalez is here to ensure that your wife has limited access, if any, to the areas of the house that are to be searched".

"As I said we will make this as least intrusive as possible so if your wife would like to go to work, which I suggest, Deputy Gonzales will accompany you upstairs while you fill her in on what is happening. If she chooses to remain here the deputy will keep her company while the search is conducted.

"There are two ATF agents outside who will be the primary investigators, and before you ask, Meissen is not one of them. One was a detective with the NYPD and the other was an ordinance technician with the U.S. Navy. I know you have a distrust of our federal agencies but if you think these guys would sprinkle some 'fairly dust' in the right places to set you up, you are wrong."

"Here's what is going to happen, the search of the house won't begin until your sons have left for school. However, Deputy Gonzalez will have to observe your wife as she feeds them and gets them ready. She works for the sheriff's department so it should be easy for her to explain the deputy's presence. We will shortly begin our search of the vehicles which, since we are using a bomb dog, can be done while the cars remain in the garage. When the search of the cars is complete they will be moved into the driveway in order to complete the garage. The backyard shed will be next and by that time the boys, and possibly Mrs. Foley will have left."

"I need to know how many and what type of weapons you have in the house, where they, as well as where all the ammo, is kept. They will be temporarily locked in one of the police vehicles. Oh, and I'll need you to hand over the one you have in your robe".

I had been a part of enough entry teams to know that this was far from standard practice. In order to prevent escape or disposal of evidence, not to mention limiting the opportunity for occupants to arm themselves, the assigned officers would usually allow about fifteen seconds for someone to open the door before they kicked it in and secured the premises. Why I was being given the kid glove treatment, I had no idea.

Maybe it was because of the children or my status as a sworn officer but more probably because the warrant was obtained with less than the normal issuance criteria.

Since Arlene was probably still in the process of dressing, Deputy Gonzalez accompanied me upstairs with the understanding that I leave the door open so she could observe my actions and try to remain inconspicuous as I explained what was happening to my wife.

Arlene was still in the bathroom with a bath towel wrapped around her as she finished drying her hair. When she saw me, she smiled and turned the dryer off and said:

"Did you get the boys up yet"?

"No, not yet I replied and then in a soft voice I said:

"Listen, Honey, try not to be alarmed but there is a female deputy in our bedroom observing us."

"Oh my God, Mike, why. What the hell is going on"?

Her eyes became wide and she was craning her neck to try to look around me into the bedroom. She started to speak again but I cut her off and stepping in close I put a hand on each one of her arms in order to get her attention.

"Stop trying to look for her and pay alternation to me, I don't have that much time. While you were in the shower the FBI showed up with a search warrant. For some reason they're cutting us some slack so Deputy Gonzalez is going to be here while you finish getting ready and get the boys ready for school. The only other person in the house at the moment, is an FBI agent who I know and is in charge of the search."

"For the boy's sake I need you to act normal. You work with cops all day so just introduce her as a friend from work who is giving you a ride because I have to take your car in to get fixed.

Arlene was scared but I had briefly outlined the possibility of something like this happening last night after I had told her of my 'interview', so it wasn't a total shock.

I was still in my robe as I stepped past our walk-in closets and asked the Deputy if it was alright if I threw some clothes on. She seemed to think for a moment and then asked, sarcastically:

"You don't have any bombs in there, do you?"

I smiled but then remembered that I did have my service weapon and a few boxes of ammo and not wanting her to get in any trouble, I advised her of such. She seemed undecided as how to respond so I told her she could watch me remove a few clothing items and I would change in the bathroom. That seemed to satisfy her and in a few minutes, I was dressed and as Arlene was heading down the hall to get the boys up and ready I went back downstairs to join Agent Lupo

I explained what had transpired upstairs in order to make sure that the deputy wouldn't get any blowback but lupo seemed unconcerned as he said:

"Okay let's get the stuff and I'll have Stevens secure it in his vehicle."

I didn't know who Stevens was and since I didn't care I didn't ask.

The door to the garage was between the kitchen and living room and I could hear that the ATF guys were already at work. As we sat and waited for Arlene and the kids to leave, Lupo made small talk, asking me about our sons and telling me about his daughter who was in college.

When it was time for them to catch the bus, Arlene came into the living room and seemed at a loss as to what to do or say. Lupo stood up and in a cheerful, relaxed voice said:

"Good morning, Mrs Foley, I guess the boys are off to school?"

For a moment she seemed tongue tied but quickly recovered with a wan smile and said:

"Yes, I have to walk them to the bus stop."

"Sure! he replied, Have a good day guys.", he said to the boys and to Arlene said: Rosa will be here to drop you off when you get back".

She nodded, tentatively and ushered the boys through the front door. Rosa said casually:

"Arlene made coffee, can I get you guys a cup?"

"Milk, no sugar, thanks, Lupo replied, how about you Mike?"

"Same, please," I replied.

That was the second time he had called me by my first name and whether he was playing "good cop" without the "bad cop" in the room, I was not sure. During the fifteen minutes, or so, that Arlene was gone Lupo made more small talk, mostly about family, jobs, how I managed to get a degree while working with a family to raise.

I still didn't trust him but I was distrusting him a little less. Relationships between local police departments and federal agencies, especially the FBI, have often been contentious over the years and I was certainly not going to be led down "the prim rose path, by a skilled lawyer.

When Arlene came back she looked haggard but was holding her own. She nodded to Rosa and came over and kissed me, saying:

"The boys are off, I guess I'll see you later."

It was more of a question than a statement but I confidently said:

"Yeah, and don't worry about dinner, we'll eat out".

Rosa started chatting about something or other as they left and Agent Lupo and I were left to our own devices. There were a few moments of awkward silence before I dived, head in:

"Agent Lupo, don't get me wrong, I appreciate the courtesy you have extended to my family in this matter but, not wanting to look a gift horse in the mouth, I have to wonder why, especially after our last conversation".

He absently rubbed his chin, apparently in thought, and finally said;

"For the here and now, while we are alone, call me Tobias, Toby actually.

"You know that the relationship that the FBI has with most police departments is tenuous at best. We are occasionally forced to work together for demographic reasons and each agency tries to either grab the credit or place the blame, depending on the outcome. In this case we Feds were drawn into it because of the possible organized crime connection. Frankly, my SAC has bigger fish to fry, especially since that a connection is looking more and more unlikely and he's looking to pull the plug on our involvement.

Just over four hours later I was surprised when one of the ATF guys came from outside and returned my fire arms to me and asked to speak to Lupo in the kitchen. After a short conversation they came back to where I was seated and handed me an evidence collection sheet to sign and said I would get a copy. On it were listed such things as: granular substance obtained from the shed; white powdery substance taken from the basement, three small spools of electrical wire found on basement work bench; a roll of duct tape and a pliers found in the garage and a half a dozen of other mundane objects that could be found in any home.

After the agent handed me my copy and departed I held the sheet up and looked at Lupo questioningly. He shrugged and said:

"You didn't think they were going to spend five hours here and go back to their boss's empty handed, did you?"

I shook my head and asked:

"What now?"

"That's up to the locals, he said nonchalantly, and my recommendation to my boss will be to leave it in their hands".

The next morning when I arrived at headquarters for my day shift Doug was manning the desk and advised me that I was to go directly to the chief's office. "Rather unusual", I thought as I headed upstairs, since Pendergast usually wasn't in his office until nine. When I approached his secretary's desk she advised me to go right in. After courtesy knock I entered and proffered the obligatory salute.

His expression was neither adversarial nor friendly as he said:

"Take a seat, deputy". I'll get right to the point, he said without pause, as of right now you are transferred to the records department. This is not a "modified duty" assignment, the staff are all civilians and with the sensitive nature of the information contained therein, we are required by the state to have a sworn officer oversee the operation. Right now, that position belongs to Sergeant Fisher but he is retiring as of the end of next week. You will report to him when we finish here and that will give you plenty of time to familiarize yourself with policies and procedures".

"I won't bullshit you Mike, there's a black cloud hanging over your head and a lot of political crap being bandied about. The sheriff has decided, and I agree, that your remaining on the street provides too high of a profile - - - - - -, under the circumstances. Any questions?"

"No Sir" I replied as I gave a quick salute and headed to my new assignment in the basement of the building.

EPOLOGUE:

Although no charges were ever filed against Deputy Foley a black cloud did remain over his head, thanks in part to the efforts of Agent Meissen who interviewed most of his neighbors and in the course of each interview made sure to mention that, their neighbor was "a person of interest in the crime. As for the officers of both the county sheriff's office and the city P.D, there were a range of opinions. Some believed he was guilty and should be prosecuted; some believed he had done it but that, under the circumstances, he was justified. Some, mostly those who knew Wellerton, just didn't give a shit.

Two years later when he was eligible for retirement, Mike moved his family to the north-western part of the state and opened a successful gun shop with an adjacent firing range. Not long after that his buddy, Joe Sheridan, who had been so helpful in profiling Nick Wellaton, was transferred from computer crimes back to patrol in favor of a recent female college grad from a prestigious university, who had connections with the state attorney general's office.

Joe resigned his position and joined Mike in expanding his operation. Now, along with teaching "concealed/carry" permit classes they also provide firearms training to officers from smaller police departments, throughout that region of the state.

Joe has never asked Mike about any involvement in the "open Wellaton case" and neither man has ever discussed it.