Witness for the Prosecution Ch. 01

Cindy said "I think even Captain Hastings could have figured that one out." For those not in the know, Captain Hastings was Monsieur Hercule Poirot's sidekick, as Dr. Watson was Sherlock Holmes's colleague.

I nodded, then said "So what I don't understand is why they're going through these motions. The Defense knows about Maribel; Fineman is required to give them advanced notice, and even they can see that Maribel is not in there and Max Chambliss is. So why go through all this instead of making a plea deal, before Maribel pastes more on them than they're already charged with?"

Cindy said "Just to play Devil's Advocate: if I were the Defense lawyer, I'd consider that Savannah is bluffing, and I'd call her bluff and force her to produce her witness. And then I'd start negotiating for a plea deal, if only to find out exactly what Maribel is going to hit my clients with."

I said "Once Maribel is announced and called to the stand, her Immunity Agreement goes into full force. She will walk after that. If I were the Defense, I'd have asked for a delay in the trial the moment I saw her name on the witness list notification. Instead, what do they do? Move the trial date up, not back. And that, ma cousine, is a strangeness..."

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

12:00 high noon, Monday, November 15th. The trial got back underway. The Prosecution and Defense took turns with each name on the written list, in the order the perspective jurors were orally questioned, either striking or accepting the person. Again, we were amazed at how little time it took, and within ten minutes eighteen Citizens, 12 on the Jury and six alternates, were seated.

"The speed and efficiency of the jury selection is noted and appreciated." said Judge Franklin Washington, and no one could tell just how much sarcasm that statement was lined with. "Do you have any motions or other business before the Prosecution begins its case?" Both sides said they had no issues.

"Prosecution, begin your case." the Judge said. ADA Savannah Fineman did so. She called up her first witness: Detective Joan Laurer. Laurer was guided through the stakeout, pursuit, and arrest of Maribel Isadora. Then Detective Sergeant Julia Rodriguez was brought up, and gave her testimony. After they were done, they walked to the back of the Courtroom and sat with me and Cindy.

Other Officers were called up, including Lt. Cmdr. Teresa Croyle, who detailed chasing the perps in her tiny 'toy' helicopter. She also came back and sat with us when she was done.

It was 3:00pm by the time all those witnesses were handled by both sides. And then ADA Fineman announced "The people call Maribel Isadora to the stand."

Maribel was escorted up the aisle by Deputy Anya Krush. Her former confederates looked at her with unappeasable hatred on their faces. Carlos Rojas glared at her with reptilian eyes... the eyes of a killer.

Maribel was sworn in, and Savannah Fineman led her through her testimony. Under the ADA's carefully scripted questioning, Maribel detailed how the gang worked, how they went on their missions, how those missions were competitions but everyone was ultimately on the same crime team. And Maribel named the names of the members of the Black Team and the Asian Team, as well.

"How did she know their names?" Cindy whispered to me as we sat on the back row and watched. "They were compartmentalized." I just shrugged my shoulders. And then, I heard Fineman asking about the other operations of the gang, including the theft of the Double Eagle coins, the jewelry heist by the Black Team, and intended mission of killing the 'turncoat traitor' Amelia Sedgwick.

Fineman really zoned in on the drug operations, and Maribel delivered the goods. She detailed connections between Michael Carlena, and the Carlena Cartel in Central and South America. She discussed how Peter Segui's financial assets with Stubbs & Wheaton Venture Capital, LLC, were used to finance the drug operations. She revealed knowledge of the Chinese connections to the Carlena Cartel, and the Chinese connections to the Asian Team, and Feng Xingshi.

And in all of that, which was far, far beyond the scope of the actual charges, the Defense never once raised any objection, and did not stop the flow of information.

It was then that I noticed the videocameras in several places around the room were being used; the little green lights just above the lenses were lit with a chilling glow (to use a little Airborne lingo, there). "I thought this wasn't being televised." I whispered to Cindy.

"Maybe they're internally filming it but not broadcasting to the Public." Cindy said. "I'll go check on that." She was about to get up, but the actions up front stopped her.

Savannah Fineman had gone up to Maribel and whispered "Well done.", then turned and said "Your witness." to the Defense Team. They were huddled up, whispering amongst themselves.

"Defense?" asked Judge Washington. "Do you have any questions for this witness?"

Chip Blake looked up and said " Your Honor, I ask your indulgence for just two minutes."

"Tell you what, I'll give you ten." said Franklin Washington. "Ten minute recess. Bailiff, escort the Jury out." Everyone stood as the Jury filed out of the room by the side exit nearest them.

And then everything went to hell in a handbasket in a heartbeat.

I heard the back door open, and a second later DEA Supervisory Special Agents Dwight Stevens and Lorena Rose walked past me as they headed up the aisle. They were wearing white button-down shirts, black slacks, and dark blue windbreakers with 'DEA' sewn onto the backs. Behind them were Federal Marshals Tommy Dugan and Kurt Powell, similarly attired and with 'US MARSHALS' on the back of their windbreakers.

Four more men that I did not know came behind them and also out the side door. They were wearing suits and ties, and their badges denoted them to also be Federal Marshals. Teresa whispered "What the hell is this about?"

"Don't move." I whispered back. "We're not wearing armor right now, and they have the drop on us." Teresa and Cindy just nodded.

"What the heck is going on?" Judge Franklin Washington loudly asked in a cold voice.

"Your Honor," said Dwight Stevens, approaching the Bench with a document in his hand, "this is a Federal warrant for the arrest of Maribel Isadora, Peter Segui, Carlos Rojas, and Miguel Carlena. We are taking them into Federal custody."

"What!?" Judge Washington all but yelled. "You can't just come in here in the middle of a trial and take the Defendants out of here like that!"

"Yes we can, Your Honor." said Stevens. "And we're going to, in the name of National Security. Their international drug operations were deemed by the Federal judge to be a threat to the security of the United States. We've already taken over the Toyota Gang cases from local and State authorities."

"You can't arrest Maribel." Savannah Fineman spluttered. "We have an immunity deal with her!"

"A local one, maybe." said Dwight Stevens. "But no U.S. Attorney nor Federal judge has given her immunity for anything. She has no Federal immunity from any Federal crime. And the testimony she just gave incriminates herself and her colleagues of the Toyota Gang."

"LET GO OF ME!" Maribel yelled as Lorena Rose tried to handcuff her. "DON'T LET THEM DO THIS! THEY'LL KILL ME! THEY'RE GOING TO KILL ME!" Lorena took Maribel down with the Aikido she'd learned from me when she was a TCPD Officer, and Maribel was cuffed and trussed like a Thanksgiving turkey ready for delivery to the oven.

Savannah yelled "I promised her Witness Protection! Without it, they'll kill her!"

Dwight Stevens was gloating as he said "We never promised her Witness Protection nor anything else. And we're not going to give her anything!"

The Federal Marshals were augmented by armed and armored Federal Agents that had waited in the hallway, and the Marshals inside the Courtroom were eager to use their Government Guns to enforce the arrests. The four perps were cuffed and forced to walk down the aisle and into the hallway, then on out of the building, Maribel crying and screaming the whole way that they were going to kill her. The perps were practically thrown into two vans with Federal Government tags, then all of the Marshals retreated in cars behind the vans.

Chip Black stood up and yelled "Your Honor, when am I going to get to cross-examine the witness, which is my client's Constitutional right? If I can't cross-examine her now, I demand all charges against all three Defendants be dismissed with prejudice!"

"In my Chambers." Judge Washington ordered. "All of you, Prosecution and Defense attorneys. We're in recess until further notice." He looked up and called across the length of the room: "Commanders Troy, Ross, and Croyle, would you also join us in my Chambers?..."

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

"No, I will not drop the charges at all, much less with prejudice!" thundered Judge Franklin Washington as Chip Blake demanded it a third time. "Do not ask again, or I will hold you in Contempt! And these Police Officers will be more than eager to drag you by your hair to jail when I do!"

Savannah said "Your Honor, I'm asking for a continuance, to find out what just happened, and to get the Defendants back into our custody---"

Judge Washington held up his hand. "Stop. Just stop. There's no getting around it; this one is a mistrial. You can schedule a new trial after we get them back in custody, and get all this crap with the Feds resolved."

There was a knock on the door, and District Attorney Miriam Walters was ushered into the Judge's Chambers. She was followed in by Sheriff Griswold. Judge Washington had had both of them called and 'invited' to the meeting.

The Judge said to the Defense lawyers: "Okay, you guys need to go find your clients and help them against the Feds. Make your motions in writing, and I'll reject most of them in writing in due time. But for right now, I need to find out what the hell happened in my Courtroom today. You can go."

"With respect, Your Honor," said Edward N. Parker, "there is one question I really want the answer to, and I need it now: did ADA Fineman and D.A. Walters know there was no Federal immunity deal? Did they ask a US Attorney or Federal Court for one before putting Ms. Isadora on the stand, believing she had full Immunity, and unwittingly incriminating herself by testifying as she did?"

"I'd like to hear that answer, too." said Judge Washington. "Well, Ms. Fineman?" The formality, as well as the derisive inflection of his voice, only reinforced the personal dislike he and Savannah Fineman had for each other after years of working in the same D.A.'s Office.

"No, Your Honor." Savannah had to admit. "I did not contact the U.S. Attorney nor the Federal Courts. The charges were State and local, not Federal, and so I didn't think about it."

Edward N. Parker: "But you asked your witness on the stand about drug operations, and other things that had Federal implications!"

"What's your point, Counselor?" Judge Washington asked witheringly.

"Your Honor," said Parker, "I'm establishing this so that that witness's testimony cannot be used against my client---"

Judge Washington interrupted: "We're not litigating that now, and certainly not here. You're probably going to have to do all that in Federal Court, when they bring your clients to trial. Now get out of here, and go find and represent your clients. Move!" The Defense attorneys moved, and swiftly exited the office.

"All right, what do we do now?" asked the Judge.

I said "Your Honor, did you authorize the videotaping of the proceedings? Because the cameras were in use while Maribel was testifying. And I'm pretty sure they weren't in use during the earlier parts of the trial."

Judge Washington said "I had denied KXTC, KPUB, and KUMS's requests to televise the trial." KPUB was the Public Broadcasting station. KUMS was the University TV/Radio station (K-(U)niversity-(M)edia-(S)tation). "But trial sessions can be recorded for other reasons or uses, including requests by the Prosecution or Defense."

"I never requested that." Savannah Fineman said.

"That needs to be investigated, Your Honor." I said. "I'll bet the Feds had a mobile media van outside, a lot like the ones KXTC and KFXU have. When they broadcast a trial, they relay a digital transmission on a fiberoptic cable from the A/V Room to the van, then put out a transmission via satellite to their headquarters. In this case, the Feds may have done that to get Maribel's testimony recorded, then they brought in their Gestapo troops---"

*CHIME!*

It was the Sheriff's TCSD cellphone. "Sorry, Your Honor." he said as he took out the phone. Then his face became a mask of shock as he read the text. "Oh my God. Your Honor, I need to go, and I need to take my young whippersnappers with me..."

Part 3 - The Scheme

5:10pm, Monday, November 15th. A meeting convened in the Main Conference Room. Chief Sean Moynahan sat in his usual place at the end of the table nearest the door. Commander Tanya P. Muscone was parked to his right, the door right behind her. I was to the Chief's left, facing the door. Chief Deputy Sheriff Cindy Ross sat to my left, and Lieutenant Commander Teresa Croyle was to her left, in the middle seat on the table's back side. Sheriff Griswold had chosen to sit at the far end of the table.

To Tanya's right was District Attorney Miriam Walters. Chief Moynahan had invited her, but told her that ADA Savannah Fineman was not welcome. Miriam didn't argue, and she came to the meeting.

"Where's Captain Mike-ulllls?" drawled the Chief.

"She's talking to a potential witness, sir." said Cindy Ross. "She'll be here in just a few minutes."

"O-kayyyy." the Chief said. "Who wants to start?"

Cindy said "First, let me tell you all what happened at County Jail. The convoy of Marshals and their prisoners went west on the Hammondsville Road and crossed the State Line, obviously wanting to get them out of this County and this State as quickly as possible.'

Cindy: "But some of the convoy broke off and turned in to County Jail. They had warrants to take custody of the four Black Team members and the four Asian Team members. The Deputies manning County Jail didn't know what had just happened at the Courthouse, and the documentation was in order, so they turned over the eight perps, who were whisked out of our State at near-Daytona-500 speeds."

"Damn." I muttered.

Cindy: "There's more, and it may be an issue that will help us. The men in suits at County Jail were not at the Courthouse. It appears they arrived at County Jail before the convoy arrived... and maybe before Maribel Isadora began testifying."

"How will that help?" Tanya asked.

I replied "I'll be covering some of that when I give my report."

Cindy said "I'll just say now that they may have jumped the gun, which might give us means to get the perps back."

"But how are we going to get them back?" Teresa asked. "We don't even know where they're being taken. The Feds can take them literally anywhere in the country."

Sheriff Griswold barked "And if we did know where they were, what would it take to get the perps out of the Feds's custody and into ours?"

"About three battalions of Russian Airborne troops, Sheriff." I replied. "I have no faith that we will get relief through the Court systems, especially the Federal Courts."

"Possession is nine-tenths, as they sayyyy." drawled the Chief. "So who is behind this, and whyyyyy?"

I replied "The DEA is behind it. As to why, I'd love to hear their explanation---"

"And you will have it, sir." said Captain Claire Michael as she came into the room... followed by DEA Supervisory Special Agent Lorena Rose! Lorena looked miserable, and as if she'd been crying, or was about to.

"Please don't take her head off, Commander Troy." Claire said. "She was a mushroom on this one."

"Let's hear it." I said witheringly as Claire sat down two spaces down from Miriam, allowing Lorena to sit in the chair to Miriam's right.

Lorena said "Dwight Stevens and I were told the DEA higher-ups had intel concerning the Toyota Gang's connections to the Cartels and to the Chinese, and that national security was impacted. They told us to go in and arrest the four Hispanic Team members just as soon as Maribel Isadora gave her testimony. I asked if she was covered by an Immunity Agreement, and Dwight said she didn't have a Federal Immunity deal."

Lorena: "They told us not to say anything to any of you, because there have been armed standoffs in the past between the TCPD and Federal Agents, though the TCPD was in the right on those." (Author's note: Three examples: 'Unresolved', Ch. 04-05; 'Vox Populi, Vox Dei', Ch. 01-02; 'Vengeance Is Mine', Ch. 02.)

Lorena: "So we went in to get them, and I could tell something was wrong. I didn't know they had so many Marshals in SWAT gear outside. We put the perps in the vans and drove out, and we didn't go to the Federal Building, which is where I was told we were going to go. We instead went to County Jail and got the other perps. I slipped away and went into the 1st Precinct part of the buildings, and they left without me."

Lorena: "And then I called Claire, and she came and got me. I told her my side, and she said you guys were pissed off about the operation. So I'm sorry for my part in this, and I'm more than confused by it all."

"You did the right thing." I said. "And yes, you have been lied to. Badly. My only question is if Dwight Stevens was also lied to, if he's trying to get a citation on the wall, or if he's gone 'all in' with the Swamp Frogs. And Lorena... you gotta leave the DEA. It's now gotten to the point where you cannot be a Federal Agent and be an honest person anymore."

I saw Tanya visibly react to that. I didn't care; she knew I'd told her husband to get out of the FBI, and why.

I continued: "Let me give my report now. I melted some wires and called a lot of contacts, and I pray to God that the Feds aren't monitoring my cellphone calls, which might expose some of them."

Me: "Federal warrants were issued for the arrests of the twelve Toyota Gang members we'd taken into custody. I determined that they were not issued by the Federal Court of the Western District of the State, which is Judge K.M. Landis's Court and the one for this area. The warrants were issued by the Southern District of the 
State, the Courtroom of Judge Ruth B. Taney. She is very Leftwing, very Activist, and has overstepped her bounds, in my opinion, on many occasions."

"If she did that out of jurisdiction---" Miriam Walters started, but I interrupted.

"It doesn't matter, and it won't matter." I replied. "But let me circle back to that. What happened is that weeks ago, the DEA went to Judge Taney and asked for the warrants. She told them she was eager to help them, but they needed something more solid. They came back to her late last week and said Maribel Isadora had been turned, and was going to testify... but with only a local Immunity Agreement."

"She knew that? Then?" spluttered Cindy Ross.

"Let me get through this." I replied. "She told them... and by 'them' I am referring to U.S. Attorneys Richard Baldwin and Dalton Kendell, who we've come up against before... she told them that Maribel would have to actually testify about knowledge of Federal crimes, and only then could they arrest her and the others. She issued the preliminary warrant, allowing them to prepare, but she told them they needed her go-ahead in order to act."

Me: "Cindy will confirm that I had noticed that the videocameras in the Courtroom were recording Maribel's testimony. And like I surmised, the feed was being transmitted to a news van and sent up the satellite linkup. But it wasn't a Media van, it was a Federal Government van. What they were doing is showing the feed to Judge Taney in her Chambers in Midtown. When Maribel began talking about the drug operations, Judge Taney gave the go-ahead, and Dwight Stevens was told to execute the warrants."