The Pact Ch. 04

I came up to her and said quietly. "At home. It's my son's birthday, and these pieces of trash are not going to make me miss that." Teresa nodded vigorously in agreement.

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

The party was at The Cabin, and it was attended by Jim's sisters and brothers, their mothers and grandmothers (my mother and Molly's mother), and his cousins and their father Todd. I had been able to give Jim some of his presents and spend some time with him, under Buddy and Bowser's supervision.

While there, I took the opportunity to talk to Paulina about the legal situation.

"We're waiting for the rape kit on Helga to come back." I said. "If it's Tom's semen in her, we've got enough to charge him with Murder-1. But the other cases are going to be a lot tougher."

"Yes, that's true." said Paulina. "If I could, I'd help you play them against each other, offer Tom taking death off the table in exchange for his confession and testimony against the other two. But Mason is not good enough to handle that, and who knows what Krasney will do? He's gone nuts."

"Yeah, I know." I agreed. "I had the idea of maybe playing Dave against Sven, see who cracks first. But I have a totally empty hand. The only thing approaching 'evidence' is that one or the other suggested to Tiffany to stay away from the Clarkston home the night of the first break-in."

"That won't hold up." said Paulina. "So, here's what I suggest..."

Part 22 - Exigencies of the Law

At 8:00pm, I got the call. I reluctantly left the party for Jim at The Cabin and went to work. Arriving at the Station, I went to my office. I was hardly past the door when I was being followed in by Tanya Perlman.

"It's a full house tonight." Tanya said. "Tom Kane is in Interrogation-1. His attorney is H.J. Lynch. Dave Clarkston is in Interrogation-2, with his attorney Gibson Stelling. Stelling has also demanded that we not talk to Tiffany Clarkston unless he is present. Tiffany's mother has also made that demand, that she be present at any time we talk to Tiffany. Tiffany herself is in Interrogation-A, and her mother is in the Pastor's Room with Kate Kane. And Sven Radcliffe is in a holding cell, waiting for an Interrogation Room to open up. His attorney is Mr. Stelling's partner, Mr. Fowler."

"Okay." I said. "Has anyone been talked to yet?"

"No sir." said Tanya. "I'll be honest, sir... no one knows exactly how to proceed. We're waiting for your instructions on all this."

I was disappointed to hear that, but I also understood. I said "Okay, let's you and I speak to Tiffany first. Have someone find Stelling and tell him to get in there. Her mother is entitled to be there, too."

We went down to I-A, and went into the room, which was crowded. Corporal Inga Gunddottar was the Uniformed Presence.

"Tiffany," I said, "you are officially not a suspect, but I am going to read you your rights just to keep everything legal." I read the rights from the card. Tiffany nodded her understanding.

"What is this about, Troy?" asked Gibson Stelling.

"Multiple felonies of violence against other persons," I said, "including murder in the first degree. Tiffany, I have a few questions for you. On the night your home was broken into, you were at your friend Jenny's house, yes?"

"Yes." said Tiffany.

"Were you told to stay away from your own home that night?"

"Don't answer that." said Stelling. He turned to me and said "Miss Clarkston is not obligated to answer any questions against her own family. I am invoking that family privilege on her behalf."

"Fair enough." I said. "Tiffany, did Sven Radcliffe, to whom you are not related by blood, suggest that you not go home that night?"

"I told him I was going to Jenny's, hoping he'd go there, too." said Tiffany. "He said he had something to do, but that I should go to Jenny's and have fun there."

"And Sven didn't say anything about the break-ins while y'all were at the pool, before Tom Kane came in on you?" I asked.

"No." said Tiffany.

"Okay." I said. "Mrs. Clarkston, you can take Tiffany home. However, and your lawyer will explain why this is not a request, do not leave this County without notifying the Police Department first. And Tiffany is not to leave the County at all, under any circumstances. If you do not follow my instructions and leave, I will have Federal Marshals arrest you and bring you back." With that, I left the room.

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

I went into MCD, followed by Tanya and Teresa, who'd been catching up on paperwork following the deployment that eventually caught Tim Kane. All of the MCD Detectives were at their desks.

"Sir," said Joanne, "we have a mail order on plastic handcuffs, on Tom Kane's father's Visa card, which Tom has use of. We don't have anything on the purchase of the chains to which the cuffs were attached, and that's after going around this afternoon to all the stores that might have that kind of chain."

"He could've gotten the chains anywhere, and paid cash." I said.

"I've also traced the revolver that Kane was using at the pool." said Joanne. "It was part of a pair that was bought from the Hamilton Myers estate sale a while back. I'm working with the FBI and BAFTE to get a solid ID on the purchaser there, and maybe see how they came into Tom's possession, and we're searching for the gun now."

"Okay." I said. "Any word on DNA from Helga Radcliffe?"

"No sir." said Tanya. "And J.R. said it might be a couple of days. They ran into some kind of snag, so they are going slow to make sure they have all their legal ducks in a row. But it might be Friday before we have the first marker results."

"I'm glad they're being careful, but we really need that data." I said. "It's probably going to be the only thing, besides the data of Tom's car crossing the State Line and crossing back, to link him to Helga's murder."

"We've got him for taking the other kids hostage, weapons charges, and assaulting Police Officers, mainly the one with the red crowbar." said Tanya.

"Not nearly enough." I said. "Guys, and all of you listen up, this is a teachable moment: you all know what I think happened, that these three punks made this pact to take turns raping each other's mothers. What I don't have right now... is a legally defensible case, a case that will get them convicted by a Jury. Now, how would you guys go about getting one?"

"Easy button." said Teresa. "You're going to pit them against each other."

"I'll add something else to your woes, Commander." said Tanya. "We may get Tom for Helga's murder, but what if the other women don't want to press charges against the other two boys?"

"You are not making my day any better, Captain." I said. "Seriously, that is something to consider, but we're not there yet. I'm going to interrogate Tom next. You can put Sven and Dave in isolation cells for the night."

"If you talk to them now, you might get one of them to crack." said Theo Washington.

"They won't crack." I said. "Their lawyers are telling them to stay quiet until they know what they're dealing with. Also, I'd rather they or their lawyers come to me, asking for a deal. And that's what my overall plan is... once we get Tom nailed via DNA on Helga, which I think we'll get, then we'll start playing 'Who gets the deal?' with them. It won't be Tom, but that's not what we're going to tell Sven and Dave. And then we'll see who cracks. Let them stew overnight..."

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

"This is Bettina Wurtzburg, KXTC Fox Two News!" shouted the reporterette at 7:00am, Thursday, June 7th. "Fox Two News has learned that three arrests have been made in the murder of Helga Radcliffe and the series of home invasions in the Heritage Cloisters subdivision!"

Bettina: "Tom Kane, Sven Radcliffe, and Dave Clarkston were arrested and are being held without bail on numerous charges related to the break-ins. Tom Kane is the primary suspect in the murder of Helga Radcliffe."

"And in other news," said Bettina, "everyone is eagerly waiting for Captain Teresa Croyle's testimony before the Independent State Counsel, which has been scheduled for Monday, June 11th. Legal experts say her truthful testimony is crucial to Robert Mullen's case against Commander Donald Troy."

"Also being called to testify, but before the United States Congress," said Bettina, "is Lloyd Feingold, CEO of BigAgraFoods Corp. He is under considerable pressure by Grassroots Conservatives, including our State's U.S. Senator Bill Nunn, as well as Democrats, after documents pertaining to controlling food supplies to the Nation were released by the Guardians of Justice."

"Meanwhile," went on Bettina, "our State's U.S. Senator Samuel Russell has again called out the FBI for its failure to find and arrest the members of the Guardians of Justice, who Senator Russell alleges are traitors and subversives, possibly working for and with the Russian and Israeli Governments to undermine the integrity of the Government of the United States..."

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

Solicitor Miriam Walters worked with us to get the three young men held without bail at the hearing that morning for all three young men, and I was later told that Gil Krasney was infuriated but was forced to back down by Walters. The suspects's lawyers refused to waive their preliminary hearings, which Judge Harry Nance set for the next morning at 10:00am, despite our pleas to have the hearings on Monday, so that the DNA tests could come back. Nance took malicious delight in denying our motion.

"They'll have something by then, by tomorrow." Tanya reassure me.

"What was the problem to begin with?" I asked.

"Abundance of caution." Tanya said. "We... I mean 'they'... have two DNA machines. They'd last run Tom Kane's DNA from the break-in on it. The semen in Helga's vagina when she was found dead was from two men: her husband, who admitted he'd had morning sex with her hours before; and Tom Kane. We we feared hostile attorneys would say Kane's semen was left over from a dirty, contaminated machine. So just to make sure, they re-ran the tests on both machines after running blanks to prove the machines were clean. We'll have marker data by 6:00am tomorrow morning."

Part 23 - Closing The Nets, Opening Loopholes

7:00am, Friday, June 8th. I did not even bother with the Bettina broadcast. I was in my office with Captain Tanya Perlman, State Crime Labs Director J.R. Barnes, and Chief Chemist Dr. Christina Cho."

"It's Tom Kane's semen." said J.R. Barnes as I looked at the sheets of data. "It was fresh; the sperm were motile when we recovered the samples. It was in ample quantity; he had come inside her not long before her body was found."

"We got Kane's physical features yesterday," said Captain Perlman, "specifically his hands. They correspond well to the grip on Helga Radcliffe's neck, and we can show that. Also, the three moles just over his groin, which Helga told us about after the home invasion. She'll be speaking from the grave, but that'll be enough to hold Kane."

"Okay." I said. "We've got him ice cold. I'm ready to testify he assaulted me, if they won't take a deposition."

"Teresa's Officers got all that on video tape, as well." said Tanya. "Your Aikido skills are impressive; I might hire you for MCD instead of Commander Ross."

I laughed at that, then Tanya asked "So, how do we hold the other two guys? Nance is as bad as Krasney when it comes to eagerness to let criminals go."

I sighed. "We've got nothing. GPS doesn't help us. They left their cellphones at their own homes during the nights in question, and we can't force their families to testify against them; the lawyers are objecting every time we ask anything remotely along those lines. So our only hope is to get Tom to turn them over in exchange for taking death off the table."

"And you have to ask Krasney to do that." said Tanya.

"No, I don't." I said. "Not immediately. As a part of the Police Command Group, I'm a Principal for the County and an Officer of the Court..."

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

Tom Kane and his lawyer, the wily and Police-hating H.J. Lynch of Chase, Lynch & Berry, P.C., were brought into Interrogation-1 at 8:00am, two hours before the preliminary hearing.

"We've got you ice cold for murder, Kane." I said, having shown them the evidence.

"You got nothing." snarled Lynch. "You've proved they had sex, nothing more."

"You're doing your client a disservice with lies like that, Lynch." I said. "His hand corresponds to the injuries on her neck. And the rest of it is so obvious, that I'm willing to trust the intelligence of a Jury to see it."

"I need to talk to my client." said Lynch.

"Before you do, and since time is short and you're trying to waste it," I said, showing Lynch I was onto him, "I'm just going to say this: you confess, you give me Sven and Dave, and I'll persuade the D.A. to take Death off the table. Consider that while your lawyer blows smoke up your ass."

"You fucking son of a bitch..." started Lynch, but I was already getting up.

"Commander," said Tom Kane, looking up at me, "I just have one question..."

"Let me do the talking, boy." said Lynch.

"Shut up, I've got this." said Kane. He looked back and me and said "This is not an admission of anything, but why on earth do you think taking death off the table is an offer? If I'm convicted for what you say I did, it'll be five, six decades in prison. Hell, you should offer to ensure Death remains on the table if you want me to throw Sven and Dave under the jail for you."

"Nice point." I conceded. "The problem is, I can't promise that. It requires a Jury to give the death penalty, and I can't guarantee they would. If Death is not on the table to begin with, it's a moot point, no Death Penalty. But it doesn't work the same way the other way around."

"Then have a nice day, Commander." said Tom Kane, leaning back in his chair and clasping his hands behind his head. "See you in Court."

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

At 10:00am, Teresa, Tanya, and myself entered the Courtroom of Judge Harry Nance as the preliminary hearing for Tom Kane was about to start. ADA Ted Mason was at the Prosecutor's table; he'd pretty much refused to talk to us beforehand. H.J. Lynch was Kane's impassioned representation.

Judge Harry Nance was a slender, slight man with wispy brown hair, gold rimmed glasses, and a soft voice. I sometimes wondered if my nephew Ned would've ended up looking like Nance had Ned lived. Nance was rabidly Leftist in his politics, and Activist in his judicial rulings.

"Prosecution, show your evidence." said Nance. Mason showed the DNA evidence, the camera evidence of Tom crossing the State Line just before the body was found, the DNA markers that pointed strongly to Tom Kane.

"Defense, this looks like plenty to go forward." said Nance. "Anything to say?"

"No, Your Honor, we'll reserve our defense." said Lynch. "We ask that my client be released on his own recognizance. His family is here, he has close ties to the community. He is not a flight risk."

"Prosecution?" asked Nance.

"Your Honor," said Mason, "we contend that he took Mrs. Radcliffe's body across State Lines to conceal his crimes and to change the jurisdiction. As such, we think he is an extreme flight risk, and family ties are a significant issue in this case. We ask for no bail, that the suspect be held in custody. If you grant bail, we ask for home confinement, with ankle monitoring."

"That sounds like a fair compromise." said Nance, which I thought was ridiculous. "Mr. Kane is remanded to the custody of his attorney and his parents. He is to remain at his home, with ankle monitoring. Mr. Kane, do not leave your home for any reason. If you do, I'll be forced to have you confined to County Jail until your future hearings and trial."

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

Sven and Dave's lawyers had made Motions to Sever, to separate their hearings from Tom Kane's. This was smart to do, because Tom's additional murder charges might weight on the other boys, and they did not want that.

It was also a much tougher slog to get them held. I had to take the stand, where I showed what little we had: skin colorations that matched Sven and Dave and Tom, the rotations of the skin colorings of the perps, the curious coincidence of having the perfect length of chains on the handcuffs. I also said that they were arrested for suspicion, and that the investigation was ongoing.

Gillis and Fowler moved to dismiss the charges, and I halfway expected Nance to agree... but he did the right thing and ordered them to house arrest with ankle monitoring. He also set a date for another hearing in a week's time, and we'd have to show something a lot more solid if the case would go forward.

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

"Now how do you expect me to prove anything at all?" asked Mason as we met at City Hall at 11:30am. Deputy Chief Ross, Chief Moynahan and District Attorney Krasney were also at the meeting. "We literally have nothing of substance."

"And we have a week to get that." I said. "Which we will work on getting. We have time to talk to people, get evidence of their whereabouts... see who might confess in exchange for a lighter sentence."

"Oh!" Krasney exclaimed almost gleefully. "So what will it be, Troy? Sweetheart deal for the killer to get the rapists? Or sweetheart deal with the rapists to get the killer? And it's you making those deals, this time! I oughta make an ad about it."

"Quit showing your ass, Krasney." said Moynahan, his voice level but withering.

"No, seriously." said Krasney. "This asshole has made ads attacking me for making sweetheart deals, deals I was entitled to make as D.A. for the good of the County... but when this jerk suggests doing the same thing, you defend him! You're a hypocrite, Moynahan! But nowhere near as big a hypocrite and ass that Troy is!"

"Tell you what, Krasney." I said. "Go ahead, make that ad. Make the accusation. I'm not giving anyone sweetheart deals like you have, letting them go free like you know you did. In fact... I'm going to bust all three of these perps, if your hapless ADA can get the job done with the prosecutions. Now if you don't have any more bullshit to spew out of your filthy sewer of a potty mouth, I'll go make those busts happen." With that, I got up and walked out. I heard Cindy chuckling behind me as she got up and left, also.

As we walked together back to Headquarters, Cindy said "I thought the guy was going to bust his colon when you broke him down."

"He wanted to take a swing at me." I said. "But he knew the Green Crowbar would bust his colon and everything else if he did."

"Wouldn't I love that." Cindy said. "But how are you going to make the busts of the perps happen?"

"I may not be able to, truth be told." I said. "But we'll see..."

Part 24 - No Honor Among Home Invaders

At 2:00pm, Friday, June 8th, I went into Interrogation-1. Tom Kane and his lawyer H.J. Lynch were there, as was Detective Theo Washington.

"My client is prepared to give you his written confession of the pact between him, Sven Radcliffe and Dave Clarkston." said Lynch. "He only asks that you not take Death off the table, and that you give Radcliffe and Clarkston no deals."

"Well," I said, "if your client's confession leads to their confessions in exchange for reduced time, then the D.A.'s Office might want to do that. To save money. It's an election year, and the D.A. is not doing very well in the polls, dontcha know."

"But they'll be busted?" asked Tom, his voice low and menacing.

"We'll charge them." I said. Tom nodded at his lawyer, who produced a sheaf of papers. I read them. Tom gave every detail of the three home invasions, the preparations, the executions of the plan, the details of the rapes, and how they escaped. Tom said that Dave and Sven were active, willing, and enthusiastic participants in the rapes of their mothers; in fact, Tom said he was a bit pissed at how brutally they'd raped his sister Nikki.