It
Was A Dark and Stormy Night
By
Zoltar, Rocket, and Mom
Nov
13, 2002
Central Park
1:22 A.M
Lennie Briscoe tugged at his gloves, hoping to warm them from the winter blast
that had caught the city by surprise. From the corner of his eye, he caught a
glimpse of his partner, Ed Green, climbing delicately down a hillside.
"Ed, over here, " Lennie called out.
Ed waved a hand in acknowledgement. " Why can't people get killed at a
decent hour?" Ed groused. "I just drew a full house and the darn
beeper goes off."
Lennie chuckled, " so, you drop your hand and come running?"
Ed smiled, " I thought about that Lennie. But then I thought, what the
heck,
somebody's already dead, what's a few more minutes gonna do? Now, don’t look at
me like that partner, I've got 400 bucks in my pocket that says I'll be
treating you to a nice lunch tomorrow. No hot-dog stands for us."
"Hey, I'll settle for a hot chocolate, blast those weathermen."
The two men approached a scene of activity. Cops were walking everywhere, some
trying to look busy, others trying to stay warm.
"Hey, you guys mind not tracking your prints all over the place? Or don't
they
teach you anything about procedure at the Academy any more?" Lennie yelled
out disgustedly. Ed ignored the comment, as he'd come to expect that sort of
thing from his older partner. Besides, he was already focusing on a woman in a
CSU coat who was squatting next to a downed figure.
"What do we have?" Ed leaned over as he pulled a notepad from his
jacket.
"Don't know yet," came the reply, as the woman continued to examine
the body.
"C'mon Darcy," Lennie put a hand on the woman's back as he too leaned
in for a closer look. Vegetable or mineral, it's gotta be something. And it's
too darn cold for us to hang around while you toss a coin."
The woman stood slowly and faced the older man. "Ah Detective Briscoe,
always the charmer. You know I'm just giving you the run around because I enjoy
freezing my butt off in the middle of the night."
"Sorry, I know," Lennie said apologetically. "What CAN you tell
us?"
"Well, there're no bullet holes, and no knife marks, no bruising of any
kind," her breath turned white as she exhaled.
"Natural causes?" Ed asked.
" Yeah, could be," She responded.
Lennie eyed her closely. "But you don't seem convinced Darcy."
She stared at the body. "No, I'm not. Now, this is just a guess mind you,
and forensics will be able to verify, but I wouldn't rule out poisoning. His
coloring indicates it's a possibility."
"Ah great," Lennie sighed, " That means finding the proverbial
needle in a haystack." Darcy and Green knew what Briscoe meant and
commiserated with him. Guns and knives were a lot easier to find than a plastic
vial and they sure as heck weren't getting any finger prints off any poison at
the bottom of this sucker's stomach.
"Well, I do have one piece of good news," Darcy teased the
detectives.
"What? You finally dumping your old man to live in bliss with me?"
Lennie snorted.
"You’re not THAT lucky Detective. No, the guy has I.D. on him," Darcy
said.
"Well you gonna tell us or wait till we all catch pneumonia?" Lennie
groused.
"Lennie, what you know about medicine could..." she began but was
interrupted by a frustrated Ed Green.
"C'mon guys. Please! "
Darcy produced a plastic bag containing a wallet and carefully removed it. She
flipped it over to reveal a driver's license.'
Lennie squinted at the name and stared at the picture and suddenly took a step
backwards, spun in a circle, and exhaled, "Son of a..."
"Hey Len? What's wrong? You know this guy?" Ed asked in bewilderment
as Darcy furrowed her brow too.
Lennie stared at Ed in dismay. "Who IS this guy? You ever read the papers
ED? This is none other than the infamous Judge Gary Feldman."
Ed still looked confused.
"Feldman, Ed. Feldman! C'mon he's the guy I told you about who tried to
run McCoy's arse up the flagpole over that drunk driving case a few years ago.
AND he ran against Adam Schiff in the primaries. Played dirty pool with him
too."
A look of recognition came over Ed's face as he leaned closer to get a better
look at the victim, who lay face down.
"A Judge huh?" Ed remarked.
Lennie's exasperation grew. "Not just "a" Judge, Ed. THIS Judge.
THIS freakin' Judge. We better call Van Buren, this thing's gonna hit the fan
as sure as I'm standing here freezing my... Why couldn't he have been dumped in
Jersey?"
As Ed spoke to Darcy, Lennie's eyes searched the area looking for clues, clues
he knew he wouldn't find at 1 in the morning. Suddenly, he caught sight of two
small glistening orbs, midway up a nearby hill. -So, you've come to help this
evening, I see - Lennie thought as he slowly made his way towards the sparkling
lights. He slowly approached the small form and reached down, gently picking it
up. " Roscocat, what brings you out on such a cold night? Don't you have a
lady friend you should be seeing?" Lennie scratched the feline's stomach.
Just as quickly, Roscocat jumped from the embrace of the cop and landed quietly
back on the ground. A persistent purring caught Briscoe's knowing attention.
" I know that sound. You've found something haven't you," Lennie sat
on his haunches. Suddenly he saw what his four-legged friend had found. "
Ah, a piece of evidence, my friend?" Lennie stared at the object. Taking a
pen from his pocket, he poked at gray material and picked something up with the
end of his pen. Lennie carefully examined the find. It was a dingy gray colored
cap, the kind generally found at the loading docks. A shiver ran up Lennie's
spine as he recalled another place he'd seen such an offending piece of
apparel. The top of Jack McCoy's head!!! A disbelieving Briscoe looked from the
hat down the hill towards the crime scene. - I don't believe it, I can't
believe it - Briscoe whispered. "Roscocat, of all the times to lend a helping
paw..." but the Detective turned to find the feline had retreated to parts
unknown. Lennie sadly started down the hill towards the others.
"Ed, found something," Lennie said quietly,
Cha CHING
Scene:
27th Precinct
11:00 A.M
Office of Lt. Anita Van Buren
A weary detective Lennie Briscoe yawned widely as he absently stared at the
snowflakes falling past the window in his boss' office. With eyes glued to the
outside, his ears listened intently to the one sided phone conversation.
"Yes, Ye ... of course sir ... all we can spare... we'll do our best ... I
" Van Buren smirked at an amused Ed Green, as she tried to extricate
herself from the phone call. It was with great relief that the call finally
ended and she unceremoniously dropped the receiver on its cradle.
"Making friends at City Hall?" Ed smiled as he leaned against the
wall.
The attractive woman shook her head as she leaned back in her chair, "
THAT was the Deputy Mayor.
Before him it was Judge Karen Parker, President of the NYC Magistrate's
Organization, whatever the heck that is, before HER it was my boss and before
HIM it was that weasly Mark Prentice from the New York Ledger snooping around.
You see what I'm getting at guys?"
Lennie turned his attention from the window to his unamused boss. "Yeah, if
we don't have somebody hanging from a yardarm by sunset, the world as we know
it could end today."
Anita had to smirk appreciatively. No one could quite sum up a predicament like
her man Briscoe.
"I don't get it," Ed interjected, " From what you guys have told
me, Feldman didn't have many friends. Why all the heat for this joker?"
Anita looked at her younger detective and spoke calmly, " Ed, these folks
are no different than we are when one of our own goes down. We not like the
guy, but he's ours, like it or not. And Feldman is one of theirs and they're
gonna make our lives miserable until we hand over a suspect. Sometimes it's
about appearances as much as justice."
Ed shrugged, "Ok, I got the picture now. What do you wanna do next
Lennie?"
Lennie crossed towards the window and resumed staring at the falling snow.
"Uh, Len? You still with us?" Ed asked.
Without answering Lennie Briscoe shook his head. What he was thinking he would
not say aloud for if he said it aloud it might somehow make it true. -- Gotta
be at least a hundred guys with ugly gray caps like that. No way Jack'd do
something that stupid -- he thought. Then he slowly turned to face the others
and said aloud, " I think we better go lean on Rodgers and see what she's
found out about the vic. Then ..."
Lennie stared at a spot just inside Van Buren's office. Ed and Anita looked
down in unison.
"Roscocat!" Ed exclaimed. " You brought us something I
see." Ed bent over and picked up a newspaper, the New York Ledger.
"Well?" Anita asked.
"Let's see, it's today’s ... but I don't ... uh-oh," Ed's face grew
pensive.
"Ed, I didn't bring my crystal ball today," Lennie grumbled.
"Yeah ok, ok... I think this is what Roscocat wanted us to see," Ed
began to read from the paper:
" The trial of Elaine Ruskin took an unexpected turn yesterday when Judge
Gary Feldman placed Executive Assistant Jack McCoy in contempt and had the
prosecutor removed from the proceedings in handcuffs. Judge Feldman had denied
Mr. McCoy's request to allow eyewitness testimony and the attorney had choice
words with the Judge over the ruling. McCoy was taken into custody and spent 4
hours in a common cell, and this reporter has learned that he was released
after his office posted bail. The trial is set to resume at 10 A.M. this
morning and it remains to be seen what fireworks may be in store for the
attendees today."
The room became silent. Ed looked down towards Roscocat, but the cat had made
his quiet exit. Briscoe and Van Buren locked eyes.
CHA CHING
Scene III
Offices of the Medical Examiner
2 P.M. Nov 13, 2002
Ed Green could not help but notice that his partner had been abnormally quiet
on the ride over. Too quiet. And if something was bothering Lennie, then it
was bound to become Ed's problem soon enough. Sharing the blue threads
eventually does that to partners.
Walking slowly down the hallway towards a cutting room at the M.E. offices, Ed
carefully broached the subject. "Look, Lennie, I know what you're thinking
but
don't get ahead of this. For all we know, McCoy was still in the slammer when
Feldman was killed. And that hat, well, I saw at least a half dozen homeless
guys in the park last night. Any one of them or any of another dozen could have
dropped that thing."
Lennie suddenly stopped and turned towards the younger man. " You're right
Ed. But the hat, and that article, I dunno, it just feels bad, you know?"
" I know. Lennie, you mind telling me something? I know you and McCoy go
back a long way, but I've seen you two go jaw to jaw a half dozen times the
last couple of years. I don't get the impression he's your best friend,"
Ed said.
Lennie considered his reply carefully, " You're right, Jack and I aren't
best friends. But that jaw to jaw business, well that's just part of the job,
Ed. Jack and I both know it's nothing personal and back when we were both
drinking a bit too much, we'd knock off and have a couple of beers after we'd
gone a few rounds. Besides, he stood by me during that idiotic Hellman
Commission joke, when a few guys in my own precinct wouldn't even make eye
contact. And he tried to pull strings with the Brooklyn DA when my Kathy got
..." his voice cracked as he strained at the memory of his dead daughter.
An embarrassed Ed patted Lennie's shoulder, "Ok, I get the picture."
" Yeah, well, it's just that Jack's a pretty d... good guy beneath all
that bluster. Unlike a few others over there at Hogan Place, I can always count
on him to fight like crazy with my cases. I just hope he doesn't BECOME one of
my cases," Lennie began a slow walk towards the cutting room.
"And if the signs point to him, Len?" Ed matched Lennie stride for
stride.
"Then I'll do my job," Lennie's voice was flat.
The Detectives pushed open the door and saw an all too familiar sight. M.E
Rodgers was bent over a table, hands moving meticulously over the body of some
poor schnook.
"Ah gentlemen, " She looked up at her guests. "I bet I know why
you're here and it's not to brighten my day is it?" she smiled that smile
that any other day would have melted Lennie Briscoe's heart. But not today.
"Yeah, you're getting heat too, I presume?" Ed found a stool and sat
down.
She picked up a folder and whirled around, "There's an understatement. I
was not pleased to be called at 4 in the morning to slice and dice, I can
assure you
Detective. But I like my job, so I jump through the same hoops you do."
She waited for the usual pithy response from Briscoe and when it didn't come,
she moved on. " Looks like your Judge Feldman was poisoned all
right."
"Time?" Ed asked.
"Oh, I'd say only about an hour before he died. If it makes you feel
better, and only because I know his reputation, it was probably pretty
painful," she handed Ed the folder.
"Damn. An hour before," Lennie slammed a fist on a nearby table.
"What's wrong detective? That have some special meaning?" She was
puzzled by his reaction. But Ed wasn't and he moved in quickly. " Just
means we haven't gotten much sleep and Len's a little grumpy when he doesn't
get his beauty sleep you know."
Rodgers was not convinced but let the matter drop. "Oh, and about that
hat?"
Ed and Lennie exchanged glances.
"Nothing special, kind of ratty actually, but there are some good hair
samples stuck to it."
"Um, can you tell us anything more?" Ed was almost afraid to ask.
She walked back to the table and put on a new set of gloves, "Well, it
appears
to be mostly gray, if that helps."
At that news Lennie was out the door in a flash and Ed was left to make
apologies before catching up with his partner.
"Len ...", Ed ran by the other man's side and saw a look of
determination on Briscoe's face.
"Don't Len me. If that sob makes me have to arrest him for this, so help
me I'll kill him. Makin' me arrest a friend," Lennie's jaw was set.
Ed tried to lighten the situation, " Well, partner, you kill HIM, then I
have to arrest YOU and well, you can see this could go on forever."
Lennie punched an elevator button as he thought to himself -- Jack, please have
an alibi, please have witnesses who saw you with a glass of Scotch in the wee
hours of the morning, please, pal have something better than 'I was at home
asleep' or some other half arse story.
The elevator door opened and one small cat got off as the two men got on.
CHA CHING
Uh,
Ed, helloooo, this isn't the way to Hogan Place. You shoulda turned back there,"
Lennie Briscoe drummed nervous fingers on the side door panel.
Ed glanced in his rear view mirror and changed lanes, "We're not going to
Hogan Place just yet."
Lennie's sarcastic tone was unmistakable, " You gonna share?"
Ed knew better than to mess with Briscoe when he was in this mood so he spoke
as calmly as possible, " Well, before we go bustin' Jack's chops, I think
we ought to do some investigating, Lennie. Find out what Feldman was up to last
night, that sort of thing."
There was a long pause before Briscoe spoke again, this time with a softer
tone, " Ok, Ed, you're right of course. I'm sorry I'm being such a pain.
Guess it wouldn't hurt us to actually play detectives before jumping to wild
conclusions," he smiled. Ed caught the look and gave a chuckle as well and
added, "And Lennie, they are pretty wild aren't they?"
Lennie turned to stare out the side window, "Yesterday they'd have been
wild. Today they scare me to death."
SCENE: Judge Feldman's Office
Clerk Johnny Morton
"So Morton, you're sure Feldman wasn't acting strange or anything
yesterday?" Ed Green stood next to the young man's desk.
Morton snorted, " You mean any more than usual?"
Lennie spoke calmly, " Explain that please."
The young man looked nervously around the office before speaking, " Look,
I don't wanna get in trouble. If the Judge finds out I've been..."
"Son, you'll hear soon enough I guess. Judge Feldman died last night. My
partner and I just have to ask a few routine questions, that's all. You won't
get in any trouble," Lennie took a nearby seat.
Morton's jaw dropped, "Dead! Really?"
"You happy about that?"
"Yeah," the young man smiled, then thought better of it, "Um,
no, I didn't mean that, I'm sorry, I just ... it's just that ..."
"Slow down, Mr. Morton and just tell us what you can about Judge Feldman
yesterday. The truth won't hurt anyone." Ed said.
Ironically, Lennie wasn't so sure about that.
"Ok, ok," Johnny Morton gathered himself, " First of all, you
gotta understand that Judge Feldman has, er, had, a temper like I've never seen
before and hope to never see again. But yesterday I thought he was gonna
explode. He came storming in here late yesterday afternoon and he was cursing
at anyone in his path. I kept my distance as best I could. But he called me
into his office and he was beet red and cursing the name of that district
attorney Jack McCoy, up one side and down the other."
The detectives exchanged glances.
" Said he wished McCoy would wrap himself and his bike around a tree some
time soon."
"Charming fellow," Lennie murmured. "What else?"
"Well nothing really. It's not the first time I've heard him on the
rampage about an attorney, but I guess it's the last. Thankfully," Morton
got that look again, "Oh, no I didn't mean..."
"It's ok, Mr. Morton. We get the picture. Your boss was a royal jerk. And
on that note, he yell about anyone besides McCoy yesterday?"
"Well, before he went to court yesterday he was yelling at somebody on the
phone, but I don't know who. But, he does that all the time, even heard him
scream at his 90-year-old mother once. Made me sick."
Ed spoke, " So, after his little tirade against McCoy, what next?"
"Well, yesterday was Tuesday evening and every Tuesday since I've worked
for him he does the same thing. He has standing reservations at Antoine’s at 8
P.M. Then I know he goes to The Magistrate's Club for drinks. He hasn't veered
from course, that I know of, in the two and half years I've clerked for him.
Doubt he switched yesterday."
"Alright Mr. Morton, you've been a big help, you remember anything else,
you give us a call, here's my card, ok?" Green produced one from his
pocket.
"Ok, will do. Um, detectives, I don't know what to do today, with the
Judge being, um, dead and all."
Lennie smiled at the young man, "Son, take the rest of the day off.
Anybody asks where you were, just tell 'em you had to spend time with a couple
of Detectives."
SCENE: Magistrate's Club
"You Gentlemen cannot come in without a reservation," the white
haired man admonished.
"Sir, we're police, and we're here on police business," Ed flashed
his badge.
"Allright. I always cooperate with the police," the man answered
stiffly.
"You on duty last night? If so, you see Judge Gary Feldman here?"
Lennie scoured the dark paneled club as he spoke.
The man stood erect, " Yes sir. Last night was Tuesday and Judge Feldman
never misses a Tuesday."
"Uh huh," Lennie's mind raced, "So did he meet anybody, talk to
anybody, what was his demeanor?"
"His demeanor sir? Well, let's just say that Judge Feldman was his usual
ebullient self," the elderly man's face revealed nothing.
Ed leaned close to the man, " Sir, it's ok, you can speak more freely.
Judge Feldman can't hear you. He's dead?"
The man barely registered surprise. "In that case Detective, Judge Feldman
was his usual arrogant self, bullying the staff , acting the fool and generally
making his usual nuisance of himself."
Lennie actually laughed out loud.
"Well, don't hold back, Squire. Tell us how you really feel. Uh,
especially as it relates to last night," Lennie unwrapped a nearby
peppermint and popped it in his mouth.
"I shall be frank. Judge Feldman was here every Tuesday evening like
clockwork. And every Tuesday evening he managed to berate one of my staff, if
not more. He was an unpleasant fellow and I believe even his fellow Magistrates
felt as I do."
"Why is that?" Ed coughed loudly.
The old man motioned for a passing waiter, grabbed a pitcher of water and
poured two glasses, handing one to each detective. Ed nodded appreciation and
drank deeply.
"Well, it was very rare indeed for Judge Feldman to share the company of
other Judges. He always sat at that back table by the fireplace and buried
himself in books. Most of the other men and women who frequent this
establishment seem to come to unwind from the day's troubles. But Feldman was
the opposite. And he expected my staff to wait on him hand and foot and he
rewarded them with a pittance. Of course "I" expect my staff to
perform at peak efficiency as well, but accidents do happen."
"Go on, " Lennie sipped his water.
"Several weeks ago one of my servers slipped and accidentally spilled
cognac on the Judge. Of course we offered to have his suit cleaned, but the
Judge demanded that I fire the boy as well."
"And?" Lennie asked.
"And I did no such thing. The boy does a fine job and he is human after
all," the man's chin was poised in the air.
"Ok, ok, so about last night, anything unusual about last night?"
Lennie asked.
The man eyed the Detective so somberly it sent shivers up Lennie's spine.
"Indeed sir. Last evening we had a scene involving the Judge. A real
donnybrook."
Ed and Lennie stood straighter now.
" Around midnight or perhaps just before, a chap stormed into the club and
forced his way past two of my staff and spotted the Judge and made a beeline
towards him. Judge Feldman stood up as the man approached and words were
exchanged. I attempted to throw the man out, but Judge Feldman waved me off. I
could not hear what they were saying, but after a few minutes, I did hear
Feldman bellow something at the man and then, in a total lack of taste, he
threw his cognac in the man's face. Naturally the man retaliated, landing a
blow and knocking the Judge backwards, but several of my men manhandled the
stranger and dragged him out before more harm could be done," the old man
added helpfully with a hint of a smile, "Not that Judge Feldman didn't
have one coming ... sirs."
"Ok, so this stranger ... Can you describe him?" Ed asked.
" I don't need to describe him, sir. I know his name. Judge Wright, who
was playing cards with a group of others, told me. Irish lad. The name was Jack
McCoy."
Lennie sagged and Ed bit his lip. "Allright, thanks for the information.
You'll hear from us if we need anything else." The man shook Ed's hand and
walked behind the bar.
" Oh wait, one more question. Was McCoy wearing a gray skull cap by any
chance?" Ed asked.
The man wrinkled his nose. "Well that would seem to fit that lovely
ensemble of blue jeans and a hideous army jacket, but no sir, I didn't see one.
Of course he could have had it stuck in the pocket of that jacket. Perhaps he
was just being polite and removed it before storming in here?" The man
smirked at his own little joke and Ed rolled his eyes.
Ed watched the man disappear behind the counter and arise with an orange object
in his hands. "Merciful heavens, how did THIS get in here?" The old
man held the object at arms length, as if holding it any closer might somehow
contaminate him. His old blue eyes met inquisitive eyes green eyes staring
back.
"Mr. Hawkins, I need a word with you ... NOW, Mr. Hawkins..." The old
man began.
"Oh wait, no need for that. He's with us." Ed reached for the
offending object and gently stroked its furry tan belly. "You do get
around don't you Rosco?" The cat buried his head on Ed's chest as Ed
turned attention to his somber partner.
"Now can we go to Hogan Place?" Lennie asked.
"Now we HAVE to go, "Ed said with an equal degree of sadness.
CHA CHING
: Hogan Place
Time: 6:15pm
Ed and Lennie have talked to everyone in an attempt to avoid the inevitable,
grill Jack. The proverbial 'blood trail' was leading to him. The time had come
to ask if he had an alibi that didn't include a bottle of Scotch and a picture
of Claire, or Diana, or Sally, or History professors, or, well any dame at all.
Ed and Lennie looked in the direction of Jack's office. He was sitting,
apparently by himself on the couch. He was speaking, but to whom? Had he, in
fact, fallen victim to an imaginary friend? It was heartbreaking, but Lennie
and Ed knew what they had to do. Ask Jack outright, what involvement he may
have had with Judge Feldman, and did that involvement include murder.
Just as they approach his door, it was evident Jack was unaware of their
presence. They heard the utterances of an obviously broken man. "Yes, a
good boy. Never did anything, that wasn't for the greater good. Always there to
help in time of crisis. Know a friend, and know how to treat them".
Lennie looked at Ed, tears glistening in the eyes of both men, as both realized
Jack was bordering on the edge of 'loosing his grip on reality'. The time had
come for both men to let Jack know that, regardless of Jack's participation in
Feldman's demise, they had to let him know they were there for him.
Just as both detectives drew near to Jack's door, Jack looked up, a big grin
lighting up a formerly somber face. "Gentlemen, come in!! I want you to
meet my good friend".
Lennie and Ed gasped in horror!! "Roscoman, what are YOU doing here?”
Lennie whispered frantically!!
"You all have met, I see", mused Jack. Roscocat raised his now sleepy
head and stared at the two startled detectives with one open eye. Ed and Lennie
knew that look. Roscoman, however subtle, had made his move. All they could do
was retreat.
CHA CHING
Hogan
Place
Ed pulled the car into a reserved space and gently shook his dozing partner.
Lennie had given in to the weariness that threatened his body with total
shutdown. A quick CATnap and he'd be refreshed by the time they reached Hogan
Place. Though, instead of rest, all he got for his troubles was a bizarre dream
of Jack and someone, or was it something, named Roscoman. Briscoe shook the
image of that dream out of his head as he opened his car door and got out.
"Lennie, you know this could wait until tomorrow morning," Ed dropped
keys in his pocket as they walked towards the garage elevator.
"No, I need answers now, Ed."
EADA Jack McCoy's office:
Jack McCoy was sitting in his chair, legs casually raised on the top of his
desk, head buried in the sports page of The Times. He grimaced as he read the
score of the latest Jordan-less Chicago Bulls team. They were on a 4 game
losing streak and things looked to get even bleaker for Jack's home town team.
"Counselor," Lennie Briscoe's unmistakable voice cut through the room
and Jack dropped his paper in his lap.
Pulling long legs off his desk, Jack replied, " Detectives, what brings
you here? We have a meeting scheduled?"
Ed got that feeling in his gut, the one he always got when he felt things were
about to progress from bad to worse. He knew Lennie was on edge and didn't want
this meeting to become a free for all, and if Ed had learned anything in his
years at the 2-7, it was that THIS meeting could become the mother of all
free-for-alls is it wasn't handled perfectly.
" No, Jack, no meeting, we're really here to talk to you about something
else," Ed sat on the arm of McCoy's leather couch as Lennie stood nearer
the desk and the attorney.
Jack folded his arms across his chest and shrugged, "I'm all ears."
Ed proceeded with caution. "Has word filtered down to you yet about Judge
Gary Feldman?"
Jack snorted, "You mean that he's an sob? Yeah, seems to me I've heard
that somewhere."
Ed smiled and shook his head, " No, I mean have you heard that Feldman was
found dead in Central Park last night?"
Lennie studied Jack's face for any clues ... clues that might reveal the truth.
But Jack acted just the way Lennie thought he would, guilty or not.
" What? You're kidding me right?" It was clear this was no joke and
Jack looked from Ed to Lennie. " Feldman is dead? Why? Who?" The questions came fast and furiously.
Ed waited for Lennie to jump in, and when he didn't, a somewhat relieved Ed
continued. " You were supposed to see him in court this morning weren't
you?"
Jack had not yet made the connection that the conversation was subtly changing
from informational to inquisitive. " We were set to go. Feldman's bailiff
told us there'd been some family emergency and we'd set a later date to
continue. It's happened before with other Judges, I didn't think anything of
it." Suddenly Jack's hair stood on the back of his neck and all of the
switches, the ones that had been clicked on a thousand times in the past 25
years as a prosecutor, clicked on and threatened an overload.
"Wait a minute ... why are you here telling me this? I would have found
out soon enough..." Jack cocked his head slightly.
"Well, you see, last night at the crime scene we found something that
looked like it might belong to you," Ed tried to watch his partner and the
attorney at the same time, waiting for the storm to arrive. It didn't, at least
for the moment.
" Crime scene? You mean Feldman's death was a homicide?" Jack clasped
the arms of his chair tightly.
"Yes," Ed said as he waited for the next inevitable question.
Jack looked and felt suddenly confused, "And, and you found something of
MINE at the scene? What? "
Finally Lennie Briscoe made his presence known. Ed knew it was inevitable and
let Lennie have his turn. Briscoe turned his body towards the clothes rack that
stood just behind him. "Mind if I have a look for something
Counselor?"
Every bell and whistle told Jack that something was very wrong and that he was
making the same kind of blunder he'd seen countless stupid criminals make
before. Yet, he nodded his head and let the Detective proceed to rummage
through his jacket pockets.
"Red! Dammit, it's RED!"
Ed strained to see what Lennie had found. He knew soon enough when the red
object was hurled towards the attorney's chest. Jack picked up a red woolen hat
and squeezed it. Those bells were beginning to give him a headache. "Yeah,
it's my red hat. So what?" he confusedly asked.
" Where's the gray one, Jack? Where's that gawdawful gray cap that looks
like something even the Salvation Army would reject," Lennie asked with
great exasperation.
Jack stood now and Ed was ready to move if need be. " Thank you Detective
Armani. You just renew your subscription to GQ?" Jack stared at Lennie
while the Detective waited for Jack to make the inevitable connection.
Suddenly, Jack's eyes grew larger as his voice rose, " MY gray hat! You're
telling me you found MY gray hat at Feldman's crime scene?"
Ed studied the seemingly incredulous look on McCoy's face. If the man were
guilty, he was doing an act worthy of an Emmy. " We're not certain it's
yours Jack. But a hair sample will clear it up," Ed tried to sound helpful
but knew he was failing miserably.
Jack's raised his palms towards his old friend, "Wait a minute ... wait a
minute ... you're telling me you found a gray hat in Central park in the
vicinity of a dead body and you naturally think of ME? Lennie, what's wrong
with you two?"
Lennie would give up back-to-back winning trifecta tickets if he could walk out
of this room right now and drop the whole mess. But that, he could not do.
Instead he swallowed hard as he spoke to the suddenly ill looking attorney,
" Listen Jack, just tell me this. Where is that gray hat anyway?"
Jack shook his head, " I don't know. I wanted to wear it this morning, but
couldn't find it. So I wore the red one." He knew that didn't sound very
convincing. "And even if you did find MY hat at the scene, that doesn't
prove anything." Jack suddenly realized he sounded like every guy he'd
ever questioned at Rikers who SWEARS the evidence 'don't prove I done nothing',
and it sickened him to sound so pathetic.
"Look Jack, there's more, "Lennie pressed forward.
Jack mouthed the word 'more' as he felt his heart begin to beat a little
faster.
"Jack, of course we know about the contempt citation yesterday, but we
also know about the little scene in the Magistrate's Club last night," Ed
explained.
Jack walked to the couch and lowered his suddenly tired body onto it. " Oh
no. Last night, " he slapped his forehead in dismay. Lennie wasn't sure if
they were about to get a full blown confession, but he reached for the desk to
steady himself just in case.
" I spent 4 hours in jail yesterday, courtesy of Feldman. I get back here
in the early evening and order take out because I'm famished. About 8 o'clock I
get a phone call telling me that Feldman wants to see me around 11 or so at his
Club. So I went, thinking maybe we'd be able to straighten things out, at least
long enough to get through the trial."
"And? Lennie asked quietly.
"And I approach the table and Feldman acts like he doesn't even know why
I'm there and one thing leads to another and before you know it, I have cognac
in my face and he has my fist in his eye." Jack pounded his own fist into
his palm. " Some guys hauled me out of there before I could land another
punch, and that was the last I saw of Feldman."
There was dead silence in the room and jack was sure he could hear his own
heart beating.
"You believe me?" Jack asked at last eyes staring at the ground.
Lennie studied the man for a long moment. " Yeah, I do Jack."
Relief swamped the graying man. "But, you gotta do your job. I understand
that Detective."
Now it was Lennie who felt relief. A sudden purring caught his attention and he
turned to see the crime-fighting feline on top of the clothes rack, batting
Jack's green jacket. Lennie knew Roscocat had better instincts than most
detectives in all of NYC and he knew she'd found something. And Detective
Briscoe definitely didn't want to find anything more that pointed to Jack McCoy's
guilt, even if he did believe his old drinking buddy was telling the truth.
"Um, Jack, any objections to me taking another run through that
jacket?"
Jack's dark brown eyes stared into the cat's green eyes and in an almost
trancelike state, Jack shook his head.
Briscoe took the jacket off the rack and began fishing through Jack's pockets
feeling both guilty and silly at having to do so. Roscocat jumped from the rack
onto the desk and watched carefully. Briscoe dug into the pockets and produced
a package of gum, $1.45 in change, a Snickers, and a set of keys. Lennie sighed
audibly in relief. But the orange cat pulled at the jacket and flipped the coat
over, revealing an inner zipper. Lennie gave Rosco a pained look as he began
unzipping. He felt something in the pocket and pulled out a pair of dark
glasses. Jack smiled, knowing that there was nothing more to be found. But a
scowl suddenly crossed Lennie's face as his fingers emerged from the pocket
clasping a small clear bottle. Inside the bottle, a clear liquid swished. Ed
took it from Lennie to examine it more closely as Lennie turned sadly towards
Jack.
"I have NO idea how that got there or even what that is?" Again Jack
felt like a common prisoner with his hand caught in the cookie jar of lies.
"Ed?" Briscoe's eyes never left McCoy's.
"Dunno Lennie. Could be."
Jack decided to keep his mouth shut.
CHA CHING
Nov
15, 2002
Office of District Attorney Nora Lewin:
Jack McCoy sat on the couch in Nora Lewin's office, remarkably composed for one
whose fate hung in the balance. A day had passed since McCoy had spoken to
Briscoe and Green and he knew he'd hear something this day. November 15th. His
birthday. -- Happy Birthday to me -- Jack thought as he turned to look at his
boss. She'd been staring silently out the window for a full 5 minutes now.
"Still snowing?" Jack asked, though he knew it was a stupid question.
It was a blizzard outside and most offices had closed for the day and the city
was near complete standstill. But, most had reported for work at One Hogan
Place, no sense in letting work pile up if you could brave the storm. And Jack
McCoy knew that the offices at the 27th would be filled as well. He was just as
glad, he'd rather get on with it. IT, being his possible arrest, arraignment and
trial.
Nora finally tired of looking into a field of white and took a seat in a chair
opposite her EADA. She faced the toughest day she'd had since taking over for
DA Adam Schiff.
"Alright Jack, let's go over this again. I know I'm in an awkward position
as your boss and as the DA of the county that's very likely to prosecute you,
should it come to that ... but off the record ... as a friend ... tell me
what's going on in that head of yours. Why did you let the Detectives take that
vial of liquid for testing and why did you give them a sample of your
hair?"
Jack placed an arm across the back of the couch and crossed his legs. Very
calmly he said, "Nora, if I didn't give it to them, it was only a matter
of time before they got a search warrant and got that stuff."
"You don't know that for certain, Jack."
Jack smiled at his boss. She was still new enough in her position to search for
silver linings where there were none to find. "Nora, trust me on this.
There's more than 1 Judge who'd jump at the opportunity to sign the warrant.
I've made a few enemies of the men and women in the black robes, you know.
Stalling would just buy me time, and I can't sit here waiting and wondering, I
need to know what I'm up against so I can prepare my defense, if need be."
"YOU prepare your defense? Jack, if it comes to that, you've got to get
yourself a lawyer."
Jack shook his head and grinned, " I'M my lawyer Nora. And a pretty fair
one at that, at least I like to think."
Nora couldn't believe her ears, " You'll be making a big mistake. Look,
your reputation as an attorney is about the best in the business. But defending
yourself is a whole other ballgame. I know you know that."
Jack didn't want to discuss this and waved a dismissive hand. He changed the
subject slightly. "Nora, I do want you to know one thing. I am
innocent."
Truth be told, Nora Lewin hadn't known Jack McCoy all that long. But she had
seen his temper up close and personal and knew he wasn't afraid to make enemies
if the situation called for it. She knew that only too well when she'd had to
send her new ADA Serena Sutherland down to bail him out of jail the other day.
She figured he was capable of a lot of things she might not approve of, yet she
didn't think murder was one of them.
Still, Nora found herself between a rock and a hard place. She served the
citizens of Manhattan and she could not be seen playing favorites if her right
hand man stood accused of murdering a Justice of the Court. Oh, how she wanted
to tell Jack McCoy she believed him, yet her sense of duty didn't allow her to
say too much.
Nora pulled at a button on her sweater. She chose her words carefully. "
If this comes down as you seem to think it might, I'll have no choice but to
ask for Special Prosecutors from another district. And as much as I might want
to, I cannot pull any strings for you. I hate it, but as long as I occupy this
office, friendships come second. I hope you understand." Nora was
surprised her voice had remained calm and steady. She waited for a reply.
Jack leaned forward resting his forearms on his knees and said, " I'd have
been disappointed if you'd said anything else. I've had to put my job before
friendship a time or two myself." His thoughts turned to his old law
school companion, Paul Koppel, who now enjoyed life behind bars courtesy of
yours truly.
They sat in silence for a few moments and then Lewin's assistant rapped on the
door. Upon acknowledgment, she popped her head inside and announced that
Detectives Briscoe and Green were outside. Jack drew a deep breath and stood
up.
The two men wore heavy overcoats dusted with snow from head to foot. But no one
even noticed.
"So?" Jack broke the deafening silence.
Lennie had rarely looked so sad. "Sorry Jack. The hair matched and the
liquid in that bottle
matched the poison in Feldman's stomach."
The attorney had been expecting this, yet the news still was a blow. He turned
to Nora and could only shrug his shoulders. She was struck mute as well.
Jack started for the door and Ed Green lightly grabbed his elbow. "Just
like to get my coat and hat Detective." -- That stupid red hat -- thought
the newly accused.
Ed nodded and the men followed McCoy across the hallway into his office. Nora
retreated behind the desk, she did not desire to see Jack handcuffed. (OK lady
readers, DOWN DOWN!;-))
As she sat down, she noticed a card from her Rolodex had been placed in the
middle of her desk. Nora saw a familiar name on it and wasted no time picking
up the phone. As she dialed, she was certain she saw a small flash of orange
streaking out of her office. She rubbed tired eyes and waited as the phone
began to ring.
Jack slipped on his coat and took a long look around his office, wondering if
he'd ever set foot in the place again. Lennie knew what Jack was thinking and
stood back to give the man a few solitary moments. Finally John James McCoy,
Executive Assistant District Attorney held out his wrists awaiting the
inevitable cuffs.
Lennie Briscoe was motionless for a second then said gently, "No need for
that. But Ed should read you your rights, Counselor."
Jack's eyes caught the sadness in the older man's eyes and he patted Briscoe on
the shoulder. "You're a good man detective. Don't let anybody tell you
otherwise." Briscoe felt his throat tighten and he was thankful when Ed began
the needed speech. Lennie was having a hard time wrapping his head around the
concept that this man had committed murder, but evidence did not lie. Lennie
only wanted to get his part in this nightmare over with, though he knew some
sleepless nights were ahead.
As they walked quietly towards the elevators Ed could swear he heard McCoy
humming 'Happy Birthday.'
Arraignment Hearing:
November 17th
Judge Torledsky's room had rarely been this packed or noisy. But it wasn't
every day that a leading Manhattan prosecutor was charged with the murder of a
fellow Judge. Though like most, Torledsky wasn't really sorry that the
humorless Feldman wouldn't be spreading his special brand of unpleasantness
around the courthouse.
The balding Judge banged his gavel for order ad the room grew somewhat quieter.
He stared at the defendant for a moment and clicked his tongue. Across the way
from McCoy stood a man and woman, two pit bulls who'd been hand chosen by the
DA in Queens to prosecute the Manhattan prosecutor. Jack smirked to himself --
Guess I'm the political hot potato for a few weeks. These two from Queens send
me up the river and their careers are made. Probably be regulars on Court TV.
---
The bailiff read aloud: People V John James McCoy in the murder of Judge Gary
Henry Feldman.
"How do you plead?" Torledsky asked.
All of his adult life Jack McCoy had loathed the very words he was about to
say. But say them he did. "Not Guilty, your Honor."
Before Torledsky could speak again, one of the all too eager pit bulls
practically bellowed, "The People request bail set at 2 million dollars
Your Honor."
Jack's jaw actually dropped and he stared hard at the pious prosecutor, Robert
Cook. He started to respond angrily but was cut off by the presiding Judge.
"Mr., uh...," Tordelsky looked over the top of his glasses.
"Cook sir. And this is Ms. Ellis," The man said proudly and loudly.
"Mr. Cook, Ms. Ellis, I realize this is your chance to play in the big
leagues, but consider the defendant."
Ellis spoke quickly and passionately, " But we are Judge. Are we to send a
message that Officers of the Court are given special treatment?"
Torledsky looked at the defendant and saw a man he'd respected for many years.
"Ms. ... Ellis was it? I think the fact that this Officer of The Court is
about to stand trial is a good indication that special treatment has not been
granted. Your request for that bail is denied."
"But your honor! He killed a Judge!" Ellis tried to muster all the
outrage she could, thinking she could appeal to Torledsky's sense of
brotherhood at the loss of a fellow jurist. Little did she know Torledsky
thought the profession was better off without the weasly Feldman, and if McCoy
really had killed the sucker, he was doing most in the black robes a favor.
The Judge saw that McCoy was about to explode and wasn't letting his courtroom
turn into a circus.
"Mr. McCoy, my records show that you have cooperated fully with all
presiding officials including the Detectives from the 27th precinct. Can I
trust this is correct?"
"Yes Your Honor. I've cooperated fully and I'm no flight risk."
Cook and Ellis started to respond in unison but Torledsky waved them off.
" This isn't Queens ... thankfully. Bail is set at $150,000. Next
case." Torledsky banged his gavel loudly. A murmur ran through the room as
everyone realized that round one had gone to the defendant. McCoy caught
Torledsky's gaze for a brief second and was certain the Judge had given him a
wink.
Scene:
November 18th
Jack McCoy's Apartment
Jack McCoy sat on the wingback in his living room, fingers making small circles
on his temples.
How had he gotten into this mess and how the heck was he going to get out? And
it wasn't just enough to get an acquittal, he needed to be proven innocent so
he could face his peers again with head held high. But the deck seemed fully
stacked against him. The only break had been that an anonymous source had
posted bail and Jack had been allowed to return home to prepare his defense. As
Jack worked on his growing headache, the doorbell rang.
Jack closed his eyes tightly wondering who would be bothering him now. Slowly
he got to his feet and ambled to the door. He looked through the peephole but a
blown light on the outside of the door made the figure difficult to see. Jack
flipped a few locks and cracked the door slightly. He straightened himself and
opened the door as wide as it would go. He stared at the visitor and the
visitor stared back.
At last Jack spoke joyously, "Adam! Come in, come in."
The old man quietly entered the home of his friend and former employee. Jack
helped him off with his snow-covered coat and placed the trademark fedora on a
nearby chair. The younger man then stared for a long moment at the older.
Finally it was Adam who stretched out a hand in greeting and the men shook
gratefully.
" You're looking good Adam. Your new job must agree with you. But what the
heck are you doing here?" Jack motioned for Schiff to have a seat on the
couch. Jack took a chair opposite him. "I thought you had work up to your
elbows on the Reparations Committee."
Adam spoke in his usual short burst.
" Needed to check on a few things back at the house."
"Well any idea how long you'll be in town?" Of course Jack realized
how ridiculous a question like that must seem coming from a man about to be
sent upstate to the big house.
Adam took Jack McCoy in; the hair was grayer... if possible McCoy was even a
little thinner ... certainly had worry written on his face ... but was still a
good looking middle aged man.
" I don't know how long I'll be here. That depends on a few things."
"Oh," Jack wasn't putting two and two together. "Let's have a
drink for old times sake. Now don't look at me like that, I only imbibe now and
again and now seems like an appropriate time."
Adam nodded and watched the man pour Scotch into two glasses.
"To your good health," Jack smiled.
" Not mine, my boy. To yours," Adam held up his glass.
Jack was taken aback and lowered himself slowly onto the couch. "I guess
you've heard all the gruesome details by now?"
"I have," Adam said.
Adam Schiff's respect meant more to Jack McCoy than anything else in the world.
He wondered if he'd lost it. "Adam, I don't know what to say."
Adam took a sip of Scotch before saying, " You don't want to tell me that
you're innocent?"
At that comment McCoy blanched. "Do I have to?"
Schiff gave a familiar grunt, " No, Jack. You don't. I don't know how you
got into this, but I'll try to help you get out."
Jack almost dropped his glass. "Adam, I can't ..."
"You can't what? Let a friend help you?"
"That's not what I mean. You worked too many years to be tainted by an
association with an alleged murderer of a Judge. No, I appreciate this more
than you'll ever know, but I'll figure a way out of this on my own."
Adam said nothing and stared hard at McCoy. McCoy dropped his own eyes and felt
just as he did the first time he'd screwed up a case more than 25 years ago.
Adam's stare could bore a hole through a cement wall. But as he averted eyes to
the coffee table, a thought occurred to Jack. "Adam, YOU'RE the anonymous
donor of the bail money. You got me out of there."
"Jail's no place for a prosecutor," Adam replied.
"But you didn't have to do that. How'd you know?"
"I got a call from Nora Lewin a few days ago. She knew I'd want to know the
trouble you were in."
"She shouldn't have done that. Involve you, I mean," Jack grimaced.
Adam took another sip of Scotch and noticed that Jack hadn't touched his.
" If the shoe were on the other foot Jack, wouldn't you lend me a
hand?"
"Well of course, but..."
Adam waved that dismissive hand as only he could, " Well then, I'd do no
less for you. Now, I want you to tell me everything. And I mean
everything."
An hour later the men munched on tuna sandwiches that Jack had whipped up in
his kitchen. Sitting at the kitchen table Adam waved a sandwich in McCoy's
face. " All right, I know things look bad right now."
"Always a firm grasp of the obvious, Adam, "Jack smirked.
Schiff ignored the comment and continued. " The first thing you need to do
is hire counsel.
Jack lowered his sandwich in dismay, " I can handle this Adam. I do know
my way around a courtroom you know!"
" Put your pride away," Adam harrumphed, " You representing you,
is a bad idea Jack, a very BAD idea."
"I can handle it. Besides I wouldn't trust half the hacks I've seen on the
other side of the aisle."
At this comment the old man laughed then turned somber, "But there is
someone out there besides this old man, you'd trust with your life,
right?"
Jack's voice dropped to a whisper, "Yes, but I don't think I could
ask."
"You can, son. You have to," Adam stood up and moved around to place
an arm across the back of his beleaguered friend and gave Jack's shoulders a
confident and compassionate squeeze.
In the living room, the old man's fedora moved slightly and toppled over and
off the chair as a cat crawled out from underneath.
CHA CHING
November
18th
8 P.M.
He'd been standing on the sidewalk looking up at the building for almost a
half hour now. He was covered from head to foot in snow with chattering teeth
and shivering hands. For some reason, Jack McCoy could not work up the courage
to climb the steps and ring the bell. Yet, in his heart he knew the old man had
been right.
McCoy began the climb, so deep in thought that he ignored the slick steps, lost
his footing and fell hard on his right knee. He let out a massive curse as his
knee hit cold cement and snow. So loud was the yelp that the person inside the
brownstone was compelled to open the door and take a peak. It was several
seconds before the woman inside recognized the form on her front porch. The
blob on the porch suddenly took shape and the woman opened the door wider.
"Jack McCoy? Is that you? Are you ok? ... Get in here before you turn into
an icicle." She beckoned with her arm and Jack could see her outlined by
the lights behind her. With the help of the railing he pulled himself upwards
and gingerly put weight on the knee. So far so good, and he climbed the last
few steps until he stood opposite the woman. She pushed him inside and once in
the foyer she closed the door on the nasty weather outside.
Jamie couldn't imagine what Jack was doing here, let alone on a night like
this. " C'mon, take off that coat and that ridiculous hat. Hmmm, red, I
see. What, you didn't think the gray one made you look silly enough?"
Jack slipped out of his coat and pulled the offending hat off. A crooked smile
crossed his face and he said, " You know how I am, Jamie Ross. The more
people tell me to do something..."
She gave him a peck on the cheek, which he returned in kind, and she turned to
hang up the garments. " Uh huh. Tell me something I don't already know,
Jack McCoy. If I realized THAT when I first joined the DAs office, I'd have
been sure to compliment you on your choice of headwear. Then perhaps you'd have
ditched those hats."
Jack chuckled at the comment, recalling the all too few years he'd worked with
this woman. She was always ready to tell him to take a flying leap, and for his
part, sometimes he actually jumped. So much had he trusted her judgment and
respected her abilities; that they'd actually become friends seemed icing on
the cake.
As Jack stamped snow onto the rug, he caught a glimpse of Jamie's husband and
child coming down the nearby staircase.
"David, honey look, we have a visitor."
David hit the bottom step and already had hand extended. "Well, Jack
McCoy, long time no see. When was it last? The Cubs / Mets doubleheader last
summer?"
Jack shook hands with the man. "Don't remind me, David. Cubs drop both
games with errors in the ninth. Some things never change," he looked at
Jamie, " Like you. You look great as always."
"Thanks."
"Mommy, why's that man here?" the small girl on the steps piped up.
Jamie held out a hand to her daughter and Jack put on his best smile for the
kid. " Katie honey, this is Mommy's friend Mr. McCoy. You've met him
before."
" He's the man on TV. The one daddy said killed the Judge," she
pointed at McCoy who suddenly felt sick. His case was quickly becoming topic
number one on the news and no doubt Katie had seen his picture a dozen times if
she'd seen it once.
"Katie!" her parents said in horrified unison.
"But I saw him on TV and daddy said..."
David quickly picked up the girl and started ascending the staircase calling
over his shoulder, "I'm sorry , Jack, I don't know what's gotten into
her."
Jamie turned to apologize as well but Jack held up a hand. " Jamie don't
be mad at her. She's only repeating what she's heard and seen." It was at
this moment that Jack saw several suitcases piled next to a hallway closet.
"Wait, I'm interrupting something, I'm sorry, I better go." Jack
reached for his coat.
"Calm down, Jack. David and I have been out in Seattle the last 10 days
and Katie's been with Neil. Let's go into the den and you can tell me what the
devil you're talking about."
Jack followed her into a nice warm den and felt the instant warmth of a roaring
fire. He crossed to the fireplace and warmed his hands. David soon emerged and
began to offer more words of apology when Jamie put a hand on her husband's arm
as a signal to be quiet. He took the hint as he began to get the vague
impression that this was not a social call.
Jack took a seat near the fireplace and the couple sat across on a couch.
"Uh, I don't know quite where to begin, but needless to say you're
wondering what the heck I'm doing here tonight. Katie was right, she has seen
me on TV. In fact, I'm all over the media these days, but I guess you guys
haven't been around to witness the bloodletting. My blood, incidentally, "
he furrowed eyebrows at his little joke.
As Jack spoke, David excused himself and went into the kitchen to make some
coffee to warm up the attorney. He listened through the open door as the saga
unraveled. David spied an unread newspaper that he'd bought at the airport but
had yet to read. Sure enough, there on Page 1 was a rather unflattering picture
of the man who sat in his den.
David poured coffee then he handed Jack the paper. Jack took a quick glance at
the headline then handed it to Jamie. "Ok, I've given you my version,
here's what I'm up against."
David read the story over his wife's shoulder as McCoy gratefully drank some
coffee and munched on lemon cookies. He watched their faces for signs of
horror, for signs that he was about to unceremoniously be thrown out on his
keister into the bitter night. But their faces revealed nothing until Jamie
smacked the paper down on her knee and offered, "What a piece of
junk."
Jack spoke carefully, "Then you're buying my version?"
David reached for a cookie. " Well, I have to admit that picture does make
you look like a serial killer..."
"David!" Jamie smacked him with the paper.
"Sorry honey, but Jack knows I'm kidding. Of course we believe you
Jack."
"Thanks. They make a convincing case, what with my past history with Judge
Feldman and all. But some of the stuff they're saying about me ... I don't even
recognize myself anymore," Jack picked up another cookie.
" Better you stay away from the papers and those stupid court TV shows and
let me worry about that image stuff," Jamie took a sip of coffee.
Jack's eyebrows shot up to his hairline. "What did you just say?"
Jamie was in the drivers seat now and she'd just turned the ignition
switch on. She knew it, David knew it and Jack knew it. But he still wasn't
convinced Jamie should get involved. A wave a guilt washed over him.
"Jack, if I hadn't been out of town, we'd have had this conversation a
LONG time ago. I just didn't know and I'm only sorry you probably wondered why
you hadn't heard from me."
Jack shook his head, " I don't know what to say Jamie. I told Adam that I
can do this myself. I hate dragging anyone else into the muck too."
Now it was Jamie's turn to register surprise. "Adam Schiff is here?"
McCoy nodded. " Well he's right, Jack, and you know it," Jamie wagged
a finger.
"Yep, he's right," David tossed in for good measure.
Jack began to grumble, " Why does everyone seem to forget that I'm not a
half bad attorney myself?"
" No one's forgotten that, but we all know how you get when you're
prosecuting somebody, imagine if you're defending yourself..." Jamie
began.
"Just what the heck does that mean?" Jack felt a sudden sense of deja
-vu as the easy banter with Jamie had bbegun. And he was already on the losing
end.
David laughed, "It means, Jack McCoy, that this is your new lawyer. Better
just give in now. I find that's usually easiest."
Jack stood and picked up some family photos on the mantle. "The thing is,
this
thing is going to get real ugly before long. It was already a circus at the
arraignment. And you know what happens to you and your family when word gets
out the you're the attorney for public enemy #1? Your life and David's and
worst of all Katie's will become a nightmare. You'll have reporters hanging on
your stoop and photographers trying to catch you in your underwear and they'll
print untruths about you too."
Jamie stood next to her old boss and squeezed his arm, " Listen to me,
Jack. I've been on both sides of the aisle and I've been involved in my fair
share of cases that have drawn notoriety. A lot of them with you. I know how
this game is played and frankly, I'm not too worried about that aspect of it.
My friends and family know what's true and what isn't and the rest of the
people who are stupid enough to believe half that claptrap aren't worth my
time. I won't speak for David, but as for Kaitie, I can assure you we're not
raising her to be a hothouse flower. We'll protect her as best we can from
anything too ugly. But I think one day she'll understand that I helped a friend."
David grinned, " I'm with her Jack. What can I say?"
" I don't know what to say except thanks?" Jack felt that tears might
sprout at any moment so he quickly sat down and poured more coffee. "So,
um, Jamie, what's first on the agenda?"
Jamie smiled and took her seat too. "Good Jack, glad to see you realize
that from now on I'M calling the shots."
Behind her back David winked at Jack, but he knew the man's fate now rested in
the hands of his wife. The next few months would indeed be stressful as well as
eventful and David knew he'd be called on for the support when things look
bleakest. He'd be ready.
CHA CHING
November
18th
11 P.M.
Jack McCoy climbed into bed, feeling that at least some of the weight of the
world had been lifted off shoulders. Just knowing that Jamie Ross and Adam
Schiff were watching over him, were on his side, brought a relief he hadn't
found in days. He pulled a blanket up to his chin, closed his eyes and slept
for the first time in days.
Jamie and David sat before the now dwindling fire, her back to his chest. He
tried to massage growing tension from her neck. "You'll be great
Jamie."
"Thanks, honey. But if I'm not..."
"Don't think like that babe. Jack knows what you're up against. And I know
you. You couldn't just sit back and watch someone else do the job could
you?" David gave her a reassuring squeeze.
Jamie closed her eyes. " You're right, I want to do this. But if I don't
clear him David, do you have any idea what would happen to a prosecutor in
prison?" David didn't answer, he could already guess.
Former DA Adam Schiff shuffled about his empty home, trying to find something
to occupy his mind.
The old man poured a drink, fished through a bag of chips, and sat down in his
easy chair to watch TV. He despaired at his choices, which seemed to be McCoy V
the People, on every single station. Adam listened for 10 minutes to a
particularly odious panel of experts weigh in on the guilt or innocence of his
friend and the sheer volume of misinformation sickened him. He clicked off the
TV and ate his chips in silence. A small noise caught his attention and he
turned to search for it. He smiled at what he saw. Perched upon the mantle was
an orange cat. Adam walked to the kitty, picked him up and gave him a good
scratching. Roscocat was not a stranger in the Schiff household and had made
many visits to soothe the old man following the death of his beloved wife.
Adam saw that his little friend had knocked a picture onto the ground and he
bent to pick it up. The picture momentarily took Adam's breath away. He carried
it and the cat back to his chair and gave the picture a close inspection. It
was a picture that had been taken by his wife at a Christmas party. She had
made her husband pose with two young gentlemen to whom she'd taken a sudden
fancy. Adam laughed as he searched the faces. Could they have really ever been
that young? All that hair, including his own! As Adam patted the cat and gazed
into the picture, his thoughts drifted back to another era.
1972 found Executive Assistant DA Adam Schiff buried under an avalanche of
paperwork and a growing caseload. Needing relief, he sought solace in the
office of his boss, DA Frank Morgan.
"So, I here we lost Tony Cox to the Redword Firm," Morgan handed his
young friend a drink.
"Yep," Adam affirmed as he took a swallow.
Morgan eyed his man, "Ok, Cox this week and Jorgenson last week. We're
losing them faster than you're beloved Red Sox are losing games."
"Yep," Adam snorted.
An irritated Morgan pointed an index finger at his
assistant. "Adam, you know and I know that you want this job after I'm
gone. How many times do I have tell you that you won't get the job without
voters and you won't get their votes with your charming personality of 'yeps.'
Don't you have something better than yep? And don't you dare say nope."
Adam gave a grunt, "I know Frank. When the time comes, I can turn on the
charm with the best of them. I just don't want to waste it on you." Morgan
was sure he saw a twinkle in Schiff's eye.
"Ok, Ok. But let me give you another piece of advice," Morgan moved
to the edge of his seat. "Adam, when the time does come for you to take my
place, you MUST have a few men or women you can trust. And I mean really trust.
The way I trust you. You understand?"
Adam nodded his head as Morgan proceeded, "Because I'm here to tell you
that this job cannot be done by yourself. And I don't just mean competent
attorneys. Hell, I have lots of those. But I mean people who will live and die
for this office, for YOU, when you're DA. Because as brilliant as you may think
you are, you'll fail without them."
Adam stood slowly and said, "Just one question Frank. How will I know when
I find them?"
"You'll know, trust me, you'll know," Morgan squeezed Schiff's
shoulders.
There were few things Adam hated more than interviewing potential ADAs. He was
a hard taskmaster and expected his assistants to work as hard as he did. So it
was with little hope that he plowed through another batch of resumes. He'd just
finished ten interviews and had come away with no prospects and was certain
this batch would yield the same results.
Schiff sifted almost every resume to the discard pile. All, but two. Benjamin
Stone and John McCoy were unlikely candidates. Both had placed impressively
high in their graduating classes and both could have been, SHOULD have been
working for virtually any law firm they wanted. Yet Stone worked for a small
firm which was known for its pro bono work as much as anything else. And McCoy
worked for a small firm which was barely a blip on the radar. Schiff couldn't
help but wonder why these young men, who could be making fortunes in major
firms had suddenly fallen into his lap. What could possibly motivate these two
men with bright futures to work as grunts for less pay and little appreciation?
Of course, Adam realized they were not unlike himself at their age, and he had
the vaguest of hope that they'd be acceptable.
Adam conducted all initial interviews at lunch, having long ago realized that
if things went south, as they almost always did, he'd at least be fed.
Ben Stone landed the first interview and Schiff was immediately impressed by
the young man. As with all first meetings, physical impressions come first.
Stone was nervously awaiting the arrival of the EADA when Schiff arrived. Standing
tall, the young man thrust out his hand in greeting as Adam noted his
appearance. Quite tall and a little thin, a boyish face with neatly trimmed,
though thinning blond hair, and the bluest eyes Adam thought he'd ever seen.
His voice was slightly pitched and didn't vary much, but it was WHAT he said
that most impressed Adam.
After the barest of small talk, Adam got down to business. " So, Ben, and
no need to be modest, but I can see you have your pick of places to practice
law. Why here? Why now?"
Ben Stone spoke two words, "Bobby Kennedy."
Adam's fork stopped between his mouth and plate. "Explain."
"Well," Stone sounded sheepish, " I know this may sound silly to
you, but his 68 campaign hit home with me." Stone figured he'd just blown
the interview, Schiff was probably a Nixon supporter. But he was in too deep to
back out now. " It's pretty simple really. Kennedy wanted to make a
difference, and so do I. And I don't know that I can do that in my current job
and I certainly can't do it working for corporate suits who just want to line
their own pockets."
"You DO realize that that's not the first time I've heard that," Adam
wanted to see the man's reaction.
Stone grew strength as he spoke, "Yes sir I realize that. But the one
thing I learned from that 68 campaign is that the laws have to apply fairly to
everybody, black, white, men, women. And I think if I can work as a prosecutor
I have a better chance of seeing that happen."
"You know Mr. Stone, it doesn't always work that neatly in this business.
There are times that you'll think you're applying the law fairly, but you have
to get your hands dirty and make a deal and some guy gets a prison term of 8-12
while another man, just as guilty, gets 3-9. You think you can stomach
that?"
Now Stone smiled, "No sir, I'm not." The honesty of the answer caught
Schiff by surprise and he decided right then and there that Ben would get a
second interview.
Two weeks later it was Adam Schiff who waited in the same restaurant at the
designated table and impatiently checked his watch. John McCoy was 10 minutes
late and nowhere in sight. Schiff stood to leave when he saw a lanky young man
rushing towards him carrying a motorcycle helmet. Adam clicked his tongue in
dismay.
The man clanged the helmet on a chair and extended a hand across the table.
"Mr. Schiff, I'm Jack McCoy. Sorry I'm late but they've got about 20
streets blocked off out there. Traffic's a mess," McCoy pumped Adam's
hand.
"Don't you read the papers?" Adam hated excuses more than just about
anything. He motioned the man to a chair.
Jack McCoy flopped onto the seat in such a way as to immediately irritate the
EADA. "Sure I do. But I think closing down 3/4 of Manhattan for the likes
of Spiro Agnew is shameful, don't you?" Jack smiled as he dropped a napkin
into his lap.
Adam couldn't help but grunt at the man's impudence, not to mention the fact
that he happened to agree with him.
"You ride a motorcycle, John?" Adam motioned to the helmet.
"It's Jack, sir. And yes, I've been riding since I was a kid. It's
efficient, it gets me in and out of traffic and the ladies seem to like
it," a slightly crooked grin crossed Jack's darkly handsome face.
Every warning system in Adam Schiff's body started to buzz or beep. And yet
Adam inexplicably found himself wanting to know more about the young man. Every
other applicant had looked like he or she had just stepped out of a bandbox.
Best suits, ties and dresses, fresh haircuts and spit and polished shoes. And
here sat John James McCoy, NO make that JACK McCoy, who looked like he'd
forgotten to shave in the shower that morning. Thick, black, unruly hair stuck
out in all directions, thanks in part to the helmet. Though Adam doubted it
ever saw a comb. Dark eyebrows sheltered dark brown eyes. Lean and rangy and
obviously a favorite of the opposite sex, if the waitress was any indication
Jack McCoy was clearly not one apt to get lost in a crowd. Adam watched as
McCoy slipped a grin to the waitress while ordered a glass of iced tea. Whether
he was charming or dangerous or both, Schiff wasn't sure. But he suspected,
both.
"You may have a drink, Jack. I don't mind," Adam said as he ordered a
Scotch.
Jack turned his gaze from the redhead back to Adam. "Thanks, but I have to
be in court this afternoon. I'd better not, unless of course it's part of the
interview process to see if Irish Jack McCoy can hold his liquor, " Jack
raised his eyebrows in mock defiance. Adam suppressed a grin as he tried to
size up this cowboy.
After ordering lunch, Adam began to probe deeper. "Where're you
from?"
"Chicago. Southside," Jack answered.
"Sox fan then?" Adam continued.
Jack nodded," Yeah, can't grow up on the Southside of Chi-town without
being a White Sox fan. How about you Mr. Schiff?"
"Sox fan too. Red not white."
Jack laughed, " Then you must be man with a lot of patience."
Adam snorted, "Hardly."
The intensity of the last remark caught McCoy off guard. He admonished himself
for not being more serious. He forced himself to sit up straight, not easy for
a guy who enjoyed slouching on whatever piece of furniture he found himself on.
Jack decided to let Schiff make the next move.
"You a tough guy, Jack?" The question came out of nowhere.
Jack looked down at his food and murmured, "When I have to be."
"And when's that?"
"I don't understand the question," Jack was now boring a hole through
his water glass.
"You don't huh? Ok, let me put it to you this way. I've discovered that
tough guy ADAs get into scrapes in the courtroom and I have to waste my time
soothing angry judges. And I don't like to waste my time Mr. McCoy. Do you
understand now?"
There was an excruciating silence before McCoy raised his eyes to meet
Schiff's. Adam saw a flash of anger in them.
"Mr. Schiff," McCoy chose his words carefully. " I don't know
what you know or think you know about me. The truth is I have been known to get
into scrapes in the courtroom. If the battle's worth the fight, I don't mind
getting or giving a bloody lip, figuratively speaking. And if that's the wrong
answer to your question, then so be it, I'm not the right man for the
job." With that, Jack stood up and reached for his helmet. But Adam's hand
got there first and he pinned the helmet to the chair. "Sit down. This
interview isn't over yet young man."
Adam almost laughed at the look of astonishment on McCoy's face. But dutifully
the man sat down.
"Ok, so we've established that you'd be happy to make my life with every
Judge in this city, hell," Adam smirked. "Now, tell me WHY you want
to work 90 hour weeks for pocket change in Frank Morgan's office.
"Charlie Powers," Jack answered decisively.
"Who?" Adam half expected the Bobby Kennedy response he'd often
heard.
Jack began, " Charlie Powers. Friend of mine at NYU. Nicest guy you'd ever
want to know. Give you the last dime in his pocket. Charlie's kid brother up
and joins the Marines and comes home in a body bag two weeks after got there.
So Charlie becomes active in the campus protest group. Mostly sit-ins and
marches, never anything violent," Jack saw that the man was still listening
so he continued.
" Well, we’d had a big rally one day when we'd learned the faculty had
invited McNamara to a luncheon. We began a peaceful protest march when suddenly
one of the cops shoots off a tear gas canister. All hell broke loose and I lost
sight of Charlie for about 10 minutes. When I finally found him, he was on the
ground and his face is covered in blood. One of the cops bashed him in the eye
with a baton. Charlie lost eyesight in his right eye, Mr. Schiff. Charlie
Powers wanted to be a painter. But now he has depth perception problems and his
dream's over."
Adam drew a breath, "I'm sorry about your friend, but what does this have
to do with wanting to be an ADA?"
"The cop who hit Charlie was never brought up on charges. There was a
cover-up by the boys in blue, by the administration and by the DAs office,
" Jack said with raw emotion.
Adam grew very somber, " Mr. McCoy those are very serious charges."
"Yes and Charlie Powers is very seriously blinded in one eye. He didn't
provoke his attacker yet the man was never brought to justice. Not even simple
assault. Everybody let Charlie down including the system that was supposed to
protect his right to peaceful protest. The system that didn't have the guts to
bring one of their own to justice," Jack index finger pounded the table.
"So, you want to be a part of that system? The one that you say turned its
back on your friend?"
Jack didn't waste a moment responding," Yes, I do. I know there are a lot
of Charlie's out there. Someone has to look out for them."
"So, you're going to launch a one man crusade from MY office?" Adam
frowned.
"Gotta start somewhere. Might as well be your office," Jack answered.
Adam Schiff did something he rarely did. He laughed out loud, long and hard.
Finally the EADA spoke, "Mr. McCoy against every muscle in my body telling
me not to do this, I want to schedule you for a second interview."
"You do?"
"Yes. Oh and one more thing Mr. McCoy. Think you could remember to shave
next time?"
Jack ran his hand along his jaw, felt stubble, and smiled at the other man.
The years passed quickly and the day Frank Morgan was set to leave and Adam
Schiff was set to take his place, Morgan asked his successor, "You find
the ones I was telling you about? The ones you can trust?"
Adam was watching ADAs Ben Stone and Jack McCoy standing together in deep
conversation. "Yep."
Adam's thoughts returned to the present. He'd lost Ben Stone, but only in the
physical sense. And even then, they’d managed to hook up a few times in Europe
last year. But the fates seemed to have something much harsher in store for
Jack McCoy. And it was more than Adam could bear to think about. He took
another look at the picture and the two men, before setting it on a nearby
table. With Roscocat in his lap, the old man closed his eyes and tried to think
of better days.
December
22
Adam Schiff's Home
Law books were strewn from one end of the room to the other covering every
available surface. Legal pads, documents, pens, pencils, coffee mugs, a plate
of stale Danishes, 3 cans of diet soda ... all were all signs that Jack McCoy's
legal team, and he forbade the term Dream Team, were hard at work. The room was
one of many in Adam Schiff's home, which had become the working offices for the
last weeks and the next few months. Jack's place had been out the question,
concern for Katie ruled out Jamie's home, and the offices from which she'd
taken a leave of absence were loathe to become ground zero for every tree
hanging photographer and two-bit reporter in the city. Besides, Adam had
insisted, and the logic in the matter was all too evident.
Schiff had even hired a security team to keep the media and curious at bay.
The team was placed in the more than able hands of Harlan Kowalski, Schiff's
former personal security guard. It was a perk of being the DA, if one could
call semi-regular death threats, a perk. Kowalski had protected Schiff, as his
Daddy before him had protected DA Frank Morgan. But fast reflexes and a
muscular build were not all that Harlan possessed. He was smart too. Over the
years, the man had used the countless hours of boredom and waiting and standing
and sitting, to his advantage. An inveterate reader, he made the financial
section his top priority. He began playing the market, small sums at first,
then bigger and bolder until Harlan Kowalski had amassed a small fortune, at
least by the standards of most. He could have retired 10 years earlier, but his
loyalty to Adam Schiff was such that he didn't trust anyone else to do the job
and do it right. But Schiff's decision to leave his job signaled Kowalski's
retirement to Key West where he bought his dream boat and spent his days
fishing and basking in the warm sun.
When he'd first heard of the troubles of Jack McCoy he'd found himself pumping
his fist into his other hand. He liked McCoy. The two men had developed an easy
camaraderie and enjoyed making small jokes at Adam's expense, always within
earshot of their boss. For his part the old man pretended to ignore the jokes,
but was secretly amused by them. And so it was with great irritation that
Kowalski watched the news coverage the first few weeks. But it was the sight of
his former boss Schiff, being hounded and jostled by screaming reporters, all
yelling over each other in such a way that even if Schiff had wanted to
respond, which he most assuredly did not, he couldn't have been heard above the
mob. Within moments, Kowalski was on the phone, and within hours he was on a
plane heading back to New York. He'd wasted no time in hiring a small team of
men and women whose job was to protect the inhabitants inside Schiff's home and
keep the riffraff at bay. Adam wasn't sure how he did it, but Kowalski was a
master at sneaking the occupants in and out of the house without capturing the
attention of the throngs outside. Kowalski took particular pleasure in sneaking
Jamie Ross out so she could be with her daughter now and again. He'd become as
valuable a member of Jack's legal team as anyone.
And so it was that Adam Schiff smiled as he watched Harlan Kowalski shove a nosy
TV reporter into a large snow bank. The man laboriously climbed out of the snow
and began to challenge Kowalski who merely said, "You trespass again, I'll
call the police. Now you go back across the street and if you want to sit here
for the next few months and freeze your rear end off, that's fine by me. But
you get this close again, and you'll wish you'd been assigned to cover the
Queens Ladies Tea club." With that the man scrambled back to his perch on
top of TV truck #14. Kowalski watched him for a moment then looked at the gray
sky and smiled. He knew the second major storm of the season was about to
arrive, and if taking endless pictures of the front of Adam Schiff's house
weren't boring enough, taking endless pictures of snow falling in front of Adam
Schiff's house, was sure to make a few news directors check their budgets and
reconsider the cost of camping out in front of a place that seemed sealed
tighter than Fort Knox.
Jack McCoy sat on the floor, his back to the wall, counting the number of
stripes on a nearby chair. A sense of despair seemed to have settled over him
these last few days and the others were at a loss as to how to cheer him up.
The sad, cold, hard truth was that the case against Jack seemed ironclad. A
hundred times they'd gone over the day of the murder, and a hundred times
they'd come up empty handed. No matter how many times Jack repeated the story
there were no details to remember.
Adam sat slowly in the striped chair and looked down at the man. "You
remember that Garcia case in about 75?"
" How could I forget? First time you called me on the carpet," Jack
smiled as the memories came flooding back, " Ben and I screwed it up so
badly, I'm surprised you didn't fire both of us."
Adam grunted, "Don't think I didn't think about it. You two had all the
evidence against Garcia you could possibly want, but you were both so intent
upon impressing me that you took your eye off the prize."
"We sure did. Our egos knew no bounds back then," Jack grinned
sheepishly.
" When I realized what was happening, I could have given the case to
Thompson or Rydell, but I thought you two boys could learn a lesson, "
Adam's eyes twinkled.
"What? So, you let us lose that case to teach us a lesson? " Jack was
incredulous.
" Yes, and it was one of the smartest decisions I ever made and it was for
the good of the office. Oh, don't look so surprised Jack. Garcia was small
potatoes and he wasn't the violent type, so it was one time I was willing to
count our losses. Of course, I had to listen to Frank read me the riot act for
the next week, but in the long run he knew it worth it too. Frank saw the same
potential in you and Ben that I saw."
Jack leaned his head against the wall. "Seems like a lifetime ago, doesn't
it?"
Adam nodded. " There's a point to this story you know? You and Ben had
every piece of evidence. It was a slam dunk case."
" I know what you're trying to do, Adam. Thanks." Jack said.
"But Ellis and Cook are a lot more experienced that Ben and I were. I
doubt they'll make the same kind of mistakes we did. Besides, they have the
entire legal profession giving them helpful tips on TV."
Adam could only harrumph.
An hour later, Jamie Ross returned from a trip to the 'outside' and Jack and
Adam stood to greet her. She'd been to the courthouse and they were anxious to
get her report. But there was nothing of her face to suggest that things had
gone well.
She put down her briefcase and removed her hat and coat. She poured a cup of
coffee as she was clearly wanting to avoid the next conversation.
"That bad?" Jack said finally.
She poured sugar in her drink and turned slowly towards the men. " Not
good.
We didn't get Rivera or Schrieber or even Larkin." She'd named the Judges
that had been on their list of hopefuls, as they were the fairest of the fair.
Adam grunted, " Who Jamie?"
There was a long pause as she looked into Jack's face. It was a mixture of fear
and anticipation and it reminded her of the look he'd had as she'd exited that
Disciplinary Hearing, years ago. But this was so much worse than that. Then,
they'd been talking about his career. Now, it was his life.
"William Wright."
For a moment no one moved. Then Jack ran a hand through his already ruffled
hair and said, "Well, it's over. Case closed. Might as well confess and be
done with it."
"Jack, don't talk like that, "Jamie put her cup down.
"Oh c'mon Jamie! Of all the Judges we could have HAD to hear my trial,
Wright is the absolute worst. He hates me!" Jack sat down in the striped
chair and put his head in his hands. "I cannot catch a break can I?"
Jamie and Adam exchanged sorrowful glances because there was little they could
say to make him feel better. The problem was, he was right. Every break had
gone against them.
"There's more," Jamie said at last.
Jack raised his head and cocked it slightly to one side, " Oh, do go
on."
"Wright's assigned a trial date to begin 2 days after Christmas."
"What?" Now it was Adam's turn to be surprised.
"I fought tooth and nail with him on this, Adam. He told me if I have a
problem I could take it up on appeal but that it was entirely within his
discretion to set the date."
Jack simply closed his eyes and leaned back in the chair. Could this day
possibly get any worse?
Of course it could. And it did.
A knock on the door brought the voice of Harlan Kowalski. "Excuse me
folks, but Mr. Stanton just arrived." Kowalski made way for a small beady
eyed man to enter the room.
"Amazing," the man said as he looked around the room. " I don't
think any of those reporters even caught a glimpse of me. Nice system you have
here."
"So, Mr. Stanton, have you anything to report?" Adam asked. Daniel
Stanton was a private investigator, one of the best in the business. Over
Jack's objections, Schiff had hired him. Jack was mentally keeping track of the
money he owed Adam for all of this, while Adam was mentally keeping track of
the number days that his money could keep Jack out of prison.
"Mr. Schiff, I wish I had some good news. But the truth is, this case is
so big, everyone and no one wants to talk. The guys with nothing to tell want
to bend my ear off, and the big players who MIGHT have information are keeping
their mouths shut. I mean, Judges and lawyers really can't be scared into
talking. It's not like some accountant who's scared his wife's gonna find out
he's been bonking the next door neighbor. HIM , I can scare into talking. But
not these others."
Jamie said, "So there's NOTHING?"
"No ma'am. Listen, I'd be happy to continue trying, but I think you're
just throwing good money after bad." he said honestly.
"Keep trying," was all Adam said. Adam knew they had to try, if for
no other reason than to give Jack a sense that all was not lost.
"Ok, I'll check in in a few days folks." The man was gone.
Jack was now standing at the window watching fresh snow begin to fall.
"Well this day just keeps getting better and better."
Jamie took her seat behind a desk and pulled out a legal pad. "One more
time Jack. Let's just do this one more time."
"Ok, Jamie one more time," he continued staring out the window.
" I do not know when I lost my hat... WHO could have found it ... or WHERE
they could have found it. And NO ONE saw me after I got thrown out of the
Magistrate's club. I didn't take a cab and I didn't ride the subway. And YES,
even though it was cold and it started to snow that night, I stupidly rode my
bike. And NOOO, I didn't stop for a drink ... now THERE'S an irony isn't
there.... So for the millionth time, I have NO alibi witnesses. I went straight
home after the incident at the Club and no one, not even my next door neighbor
heard or saw me."
"Ok, Jack, ok," Jamie hadn't written anything on the pad. "Why
don't you go get some rest."
Jack walked with hands in his jeans pocket and head held down. He stopped by
the desk and looked into Jamie's eyes. "I'm sorry, Jamie. I shouldn't have
used that tone. I guess I'm just scared."
Jamie felt something catch in her throat and she couldn't find her voice.
Instead she reached to pull a hand out his pocket and squeezed it. Jack smiled
at her and squeezed back. He then exited the room leaving his defense team
behind.
Out of the corner of her eye, Jamie saw Adam wipe his eye. She couldn't imagine
things being any bleaker than the news this day had brought.
CHA CHING
December
22
9 P.M
A Secluded Park
"Ma'am, I'll be parked over here if you need me," one of Kowalski's
men told Jamie Ross as she exited into a cold, snowy night.
Jamie trudged through the gathering snow and made her way towards a small
gazebo. She saw no one around but recognized the silhouette of the man she had
come to see.
Wordlessly she climbed a few stairs and sat next to him.
"Thanks for coming," she said.
" I wouldn't have come here on a night like this for anyone but you. But
you should know, I still can't help you," he said as he pulled his collar
up as a brace against the wind.
" And you should know that we need your help. Badly." Neither made
eye contact.
"I don't see what I can do. I've seen cases won on a lot less evidence
than this," he said.
Jamie nodded her head, "So have I. That's why we need your help."
He didn't respond.
"Just tell me this. Do you really think McCoy committed this crime?
Despite the evidence, what does your gut tell you," she watched the cold
white air come out of her mouth in a long stream.
Again he didn't speak.
She stood now and turned to face him, staring down with cold eyes, " You
may not know this. But during that Hellmann Commission nonsense, Adam asked him
why we were helping you. And Jack told him - Because I don't like to see good
cops lose their careers while bad ones go free." With that she turned on
her heels and walked back to the car. He sat for a long time and watched the
snow come down. He then arose to make the long walk across the cold park.
Lennie Briscoe's steps were measured and his heart was beating heavily.
Sleep eluded him as Lennie tossed and turned while replaying the words Jamie
had said. He wanted to help Jack, he really did. And his gut had told him that
he wouldn't have poisoned Feldman anymore than Lennie would have poisoned that
stupid Hellmann. He flipped on the TV trying to push his guilt to the back of
his mind and he landed on a late night variety show. It wasn't long before the
idiot host was making idiotic remarks about Jack McCoy, but the straw that
broke the camel's back was a joke about how delightful prosecutor McCoy would
doubtlessly find his cellmates. Briscoe clicked off the set in anger and
flipped on a light. He found the number he wanted, dialed it quickly and when
the voice on the other end answered said quietly, "I'm in."
The next morning he called Van Buren and requested some time off, which she
granted, as he'd built up quite a reserve. She wasn't stupid and she had a
pretty good idea why he needed the time NOW, but all she had said was, "Be
careful."
December 23rd
Jamie had gathered all of the players for a meeting. She'd include PI Daniel
Stanton as well as Schiff, McCoy and the newest team member, Briscoe. The small
orange cat was resting comfortably in Jack's arms.
"Let's go in here, might be a change of scenery," Adam motioned the
group into a game room and Briscoe immediately eyed a beautiful pool table.
"Um, Mr. Kowalski, why don't you join us today. It might be good to have a
fresh mind, someone who's got a fresh perspective."
Kowalski jumped at the opportunity, he'd always fancied himself a good problem
solver. Jack and Jamie didn't mind, as they knew Harlan was as trustworthy as
they come and who knows, maybe Adam was right and at worst he could be the eyes
and ears of a what a jury might hear.
"Nice table, Adam," Lennie ran his hand appreciatively down the side.
" Be my guest Detective," Adam, " I don't play as much as I used
to."
Lennie carefully selected a stick and motioned for Kowalski to join him. As the
two men proceeded to play, Jamie started to talk.
"Ok, now let's go over everything we know and everything we don't know.
The two main ingredients of the evidence are the cap and the bottle of poison.
And then there's motive. Let's take motive first."
"Why'd you kill him, Jack?" she smiled a she said it, and the others
all laughed as the tension was broken.
"Because he was a sniveling jerk who hated dogs, small children and his
own mother," Jack smiled in return.
"Ok, ok, but really, what will the prosecution say is your motive?"
Jack began to list the obvious run-ins he and Feldman had had, up to and
including the latest contempt charge.
" Well, we're stuck with those facts, but I don't see why a jury leaps to
the conclusion that any or all of these is anything you'd actually kill
over," Jamie bit the end of her pen. "In any case, it's something I
can address in the closing statement if need be, and I can somehow make it
clear that your runs-ins with Feldman were no reason to murder any more than a
jury member who had a run in with the cable guy. I think they can all relate to
that scenario."
"So everybody in THIS room dismisses your having any real motive Jack. The
next question is, who DOES have motive?" she asked.
Briscoe laughed loudest, "From what I gathered, EVERYBODY hated this guy.
Who DIDN'T have motive might be a better place to start." He calmly
dropped the #5 ball in a side pocket.
"There really is a world of possibilities," Adam offered.
Briscoe straightened again, "I'd start with the obvious. Who recently got
out of prison, in say the last 6 months, who'd been on Feldman's docket?"
"Can we get that?" Stanton asked in innocence.
"Leave it to me," Briscoe said as he walked to a phone. They all
watched as Briscoe conducted the lengthy call. Then they heard him say,
"Allright Margie, I'll call you... yeah ... I promise."
Lennie saw the anticipation on the assembled faces. "She owed me a favor.
Margie works at the 27th and she's a whiz at getting and assembling information
like this. She's got contacts like you wouldn't believe in places you wouldn't
believe ... like your very own courthouse, Counselors. Shouldn't take too long,
and she'll beep me when she's ready to fax."
Jack smiled at the man's resourcefulness.
"Ok, along with motive comes opportunity. Now the ME report says that
Feldman probably lived about an hour after he ingested the stuff, but I spoke
to Rodgers and she said that there is the possibility of a two hour window. So
that puts us at this point. He was poisoned sometime after he arrived at Antoine’s
and/or sometime after he arrived at the Magistrate's Club."
Daniel Stanton spoke up now, "Ms. Ross, I did exhaustive interviews at
Antoine’s and unless I am totally off the mark, they're all clean. I know
exactly who waited on him, who the chef was, who filled water glasses ... I did
background checks on everyone and they all checked out clean. The only time I
can place any of them in Feldman's presence, is at that restaurant, and unless
he really ticked someone off, I just don't think there's anything there. But
I'll certainly take another crack at it."
" Couldn't hurt," Adam mumbled and Stanton nodded.
"Allrightt so assuming everyone at Antoine’s is clean, where did he go
from there?" Jamie continued as she watched Kowalski miss an easy shot.
Briscoe spoke, "His routine every week was to walk from the restaurant
straight to the Club. It was too close to take a cab. And I highly doubt he'd
have taken a drink or bought a bagel on the street between there and the Club,
especially since he'd just eaten."
Jack sat as an almost interested bystander. He was sick of talking and thinking
about the case, and the details had begun to merge together in his head. So he
was more than glad to let the others plot and do the heavy thinking. Jamie
seemed to have things well in hand, as usual.
Jamie wrote the word 'Club' on her notepad and began circling it in ink. "
Then it's reasonable to assume the deed was done here." She turned and
looked at Stanton. The small man shrugged his shoulders. "I'm not much
help there, I'm afraid. I couldn't get a word out of anyone there. They're as
tight lipped as any I've ever seen and I couldn't even begin to talk to any of
the Judges."
Lennie banked the 10 ball into the 6th pocket.
"I'll take the Club. This should still carry some weight." He flashed
his badge.
Adam stood to stretch his legs, " IF the murder occurred in that Club,
then our number of suspects becomes more manageable."
Jack's eyes were closed but he'd heard Adam's comment. It wasn't like they
hadn't made that observation a dozen times before. But it seemed to make
everyone feel better to say it aloud and Jack let the opportunity for a
sarcastic response go. After all, these were his friends and they were trying
to help him, even as hopeless as he knew his situation was. He knew they needed
to feel they'd done everything and he didn't want them awakening in the middle
of the night years from now wondering why they didn't question the waiter at
Antoine’s, just one more time.
" Good," Jamie continued her circling. "Stanton takes another
run through Antoine’s and Lennie shakes down the Club. Now let's get back to
our other problem. The hat and the poison. Somehow, whoever killed Feldman got
hold of the hat and planted the vial of poison in Jack's pocket. My biggest question
is how the vial got into the pocket without Jack knowing it?"
"It's a duplicate, " Harlan leaned over to take a shot and the words
spilled out. Everyone turned to look at him.
"Go on, " Jamie said.
Kowalski straightened, "Well, it seems to me that someone planted the vial
on Mr. McCoy earlier in the day and they used another one for the actual
murder."
Adam Schiff snorted. It was so obvious, how in the world had all these trained
professionals missed it? "Yes, the vial wasn't planted on McCoy AFTER the
crime, it was planted BEFORE. And the one in Jack's pocket isn't even the
murder weapon! But how do we prove that?" Jamie had rarely seen the old
man so excited. Even Jack opened his eyes.
"Ok, let's think this out..." Jamie rubbed her temples. "Let's
talk this out."
Briscoe missed an open shot and smirked, " Let's go back the beginning.
Jack, that morning, did you have your hat?"
God how he'd come to loathe that hat, that stupid, stupid hat. Why hadn't he
burned it as everyone had suggested? Eyes still closed, Jack said," I
can't remember, Detective. It's all become a blur."
At this Jamie became angry, " Hey JACK, snap out of it. We need your full
attention here!"
Jack opened his eyes and sat up straighter, "Ok, you're the boss. What was
the question? Oh yeah the infamous hat. Honestly I don't know if I had it or
... no, wait, wait ... YES, I did have it that morning at the courthouse. I
remember because I was trying to get Karen Preston to go out with me and she
had laughed and said - not as long as I was still wearing that awful hat. So
yeah, I did have it that morning."
"And that night?" Adam was glad to see Jack a little more
enthusiastic.
"Well, Nora sent the new ADA, Serena Southerland to bail me out and I had
to go back to the courthouse for my things. I ... I dunno Adam. I just can't
remember. I THINK I had it?"
"Where do they keep your coats during trial?" Kowalski asked.
"The courtrooms have a rack in them and that's where we hang them,"
Jamie said.
Jack stood up now, the juices seemed to be flowing again and the skills of
reason and deduction were kick started. " Wait a minute. No Jamie... no
... we were in that small courtroom on the 5th floor. You know ... the one at
the end ... for Part 47?"
"So?" Briscoe asked for the rest of them.
Jamie stood too, "Sooo, that courtroom doesn't have any amenities, not
even a special rack, all the attorneys use a small room in the hallway near the
bailiffs' offices to store their stuff."
"Wouldn't the ADA have picked up your coat, Mr. McCoy?" Kowalski
asked.
Jack looked at Harlan, " She should have, but she didn't. Look, she’s a
good kid but she just joined the office. When I got hauled out on contempt she
was left to pick up the trial and I'm sure she was scared stiff. My personal
belongings were the last thing on her mind."
Adam stood and everyone quieted to hear the old man, " And you're in jail
for 4 hours, your assistant forgets to pick up your things, and your coat sits
unattended all that time and ANYONE can walk up and steal the hat and plant
evidence. The second vial." The old man's heart was beating faster.
Everyone just looked at each other. Suddenly, there was light, it might just
have been a sliver, but it was THERE!
"Ok, but back to that hat," Jamie said persistently, as Jack gave her
a dirty scowl.
"Damn hat, " Jack murmured. "Look, I honestly don't remember if
I has it that evening or not."
"But we need to be sure, Jack. We can't assume anything. That hat is going
to play prominently in your trial and we need to follow it every step of the
way. "
Jack sat down and tried to make his brain recall that evening so many weeks
ago. They all watched him thinking.
Suddenly, Roscocat batted an orange and a black ball the length of the table.
The two balls rested directly in front of Jack. Everyone thought the cat was
just playing and ignored him and the balls. Jack stared at the numbers, 5 &
8... 58 ... Five eight ... FIFTY-EIGHT ... "That's IT!" he jumped to
his feet and reached for the cat.
"That's what?" Kowalski wondered if Jack had gone round the bend.
"Fifty-Eight! That's Karen Preston's extension!"
He said excitedly.
"Yeah so? You wanna call her for a date NOW?" Briscoe joked.
"No detective, I don't. Don't you see? That evening I returned to get my
things and I saw the light on in Karen's small office. She was working late and
I dropped in to say goodnight. I jokingly asked her again about a date, and she
pointed to my head and said that as long as I didn't have the hat, to give her
a call. Extension 58! And then I distinctly remember searching myself for the
hat and not finding it. So I DID have it that morning and somebody took it,
probably while I was in jail or maybe even while I was in court."
Jamie threw her arms around Jack excitedly. Some progress had indeed been made.
They'd established that the likelihood was that a duplicate vial of poison had
been placed in Jack's pocket, and his hat had been stolen at the same time by
the same person, hours before the murder. Feldman's killer, no doubt.
"Somebody went to a lot of trouble to set you up," Stanton offered as
he stood to stretch.
Adam was thinking furiously now, "So my next question is, how does the
murderer make sure that YOU show up at the Club? He or she obviously wants you
to be seen in Feldman's presence that evening. The scenario is perfect. Jack
McCoy is seen with Feldman during the appropriate time period during which the
poison is administered. Then McCoy waits and follows Feldman out of the Club,
no doubt wanting to relish in the man's painful death. It's a very dark night
so McCoy doesn't fear being seen in the park as he follows Feldman from a
distance. Then the poison does its work and Feldman falls and rolls down an
embankment to his death. McCoy ventures a look at the man he's murdered but
unwittingly drops his hat in the process," Adam sounds like he's trying to
convince a jury. "Yep, my boy, somebody set you up but good." Adam
grins at the younger man.
Jack smiled weakly while scratching the top of the little cat's head.
CHA CHING
The
holidays had come at a terrible time. Briscoe and Stanton met dead ends
wherever they turned. The Club was closed for the holidays and most of the
staff at Antoine’s were out of town. At least Briscoe had kept himself occupied
by checking the list of suspects on the fax that his friend Margie had sent.
Only 4 men and 1 woman, who'd been sentenced to prison by Gary Feldman, had
been released in the past 6 months. In a couple of days, Lennie had been able
to track them all down, had talked to their parole officers and had determined
that all had feasible alibis. So, it did seem to narrow the field and place
things squarely back at the Club.
At Jack's insistence, and despite a nagging feeling that she should be working
on the case every hour of every day, Jamie spent Christmas Eve and Christmas
day with her family. She soon realized how much she'd needed the break and her
guilt lifted somewhat as she saw the delight in her daughter's eyes on
Christmas morning. Jamie told herself she was just revving her engines for the upcoming
trial, which had been dubbed the 'Trial of the Century' by some fool who
thought it was cute, given that it was only the year 2001.
Of course, Adam Schiff didn't celebrate Christmas himself, but given that he
wanted to do something for Jack and Kowalski's hard working security team, he
arranged for a nice meal complete with turkey and dressing to be brought in on
Christmas Eve. Jack shook his head, Adam's hospitality had been far too much.
"Adam, how am I ever going to repay you?" Jack finally asked.
Adam stoked a fire and tried to brush off the suggestion. " It all comes
out in the wash."
Jack picked up a poker and began digging at the flames too. " I just mean,
you've done too much already. I want to repay you and I mean to, once I get
this damn trial over with."
Schiff smiled, "Glad to see you're thinking positively."
"Well, maybe not so much." Jack felt an errant spark singe his cheek
and he recoiled. "Adam, I hate to ask you this, I know I have no right,
but I don't think I can ask Jamie...," his voice halted.
"What is it?" Adam continued to push at the fire.
"This." Jack handed Adam a piece of paper. Adam read it closely and
his face showed a small frown. "I used your computer the other day, didn't
think you'd mind."
Adam took his eyes off the paper and looked at the other man. "A codicil
to your will?"
"Yes."
"I've tried to make it clear that I want you and Jamie and Briscoe to be
paid properly out of my estate, then everything else goes to Kelly. She can
keep what she wants from my place and sell what she doesn't. It won't be a
fortune, but I think she'll have a nice nest egg," he stared into the
flames as he thought of his daughter. " My personal attorney, Sarah Wylie,
has my will on file, so if the time comes, would you see that she gets that as
well?"
Adam fought the urge to throw the paper in the fire. " This ... this won't
be needed. And even if it ever is, you don't owe me a thing, you
understand?"
" I owe you everything," Jack said quietly.
"I don't know where you get that silly idea, McCoy," Adam played with
the paper in his hands as he walked across the room.
Jack laughed softly, "Adam, you took a raw kid with a big mouth and a
bigger ego and helped him grow up. At least a little."
Adam was pretty good at concealing emotions but this discussion dug deep at his
heart. "I was repaid."
Jack snorted, "Yeah, right."
Adam poured himself a much needed drink, "You think I didn't notice you
standing by my side when the Governor stole that Coburn case a few years
ago?"
"But, " Jack began to protest.
"But nothing, Jack. Like I said, it all comes out in the wash," Adam
raised a glass to his old friend.
Jack knew that Adam didn't want this conversation to continue, so he changed
the subject slightly. "Adam, when this trial starts, I want to go back to
my own place."
Adam raised his eyebrows but said nothing. " I want to sleep in my own bed
and I think you could use a break from all of this too," Jack explained.
"Whatever you think is best," was all the older man said.
" Well, that's what I want to do," Jack poked harder at the fire and
watched as flames shot up through the chimney.
Scene:
Courthouse
December 29th
Adam Schiff shifted nervously in the front row on the defendant's side of the
room. He grunted to himself as he saw camera operators checking their
equipment. Adam hated the idea that this or ANY trial be shown on TV for he
thought, despite the blathering of its proponents, that it did make a
difference in the proceedings. And he knew Judge William Wright would try to use
it to his own advantage and perhaps to McCoy's disadvantage. Schiff had
suggested that Wright recuse himself from the case, as he'd been at the Club
the night of the murder, but Wright refused with the rebuttal being that there
were plenty of other eyewitnesses besides himself. Schiff filed this away in
the back of head in case they needed to appeal.
Jack McCoy and Jamie Ross stood in a small waiting room. Jack saw Jamie
nervously flicking her pen. He put steadying hands on her shoulders.
"Jamie, you'll be fine. And no matter what happens in there, I know I made
the right decision in asking you to defend me." She smiled back at him,
"Thanks, That means a lot."
A bailiff entered the room, "Mr. McCoy, there are a few people here to see
you."
Jack expected to see Schiff or maybe some other attorney friends from the
office, but who he saw caused him to begin to shake.
2 men about Jack's height and with unmistakable McCoy features entered the
room.
"Well, are you gonna just stand there and look stupid or you gonna say
hello?" the darker haired man said.
"Billy," Jack reached to place his brother in a bear hug. Then he
turned to the other man, who, like Jack, was salt and pepper gray. Jack hugged
him too. " Patrick, you're getting grayer every day."
"Just, like you big brother," Patrick McCoy responded.
Jack stared at his kid brothers and shook his head. "I told you guys not
to come. I didn't want ..."
"Doesn't matter what you want, Jack. We're grown men now, like it or not,
and if we want to come to support you, we will," Billy stood with folded
arms. "You can't tell us what to do anymore," he smiled.
"But it might get rough in there," Jack protested. He'd already had
this discussion about a dozen times with his daughter, Kelly, who'd wanted to
come down from Boston to be with him. But he'd won that battle and felt better
knowing that his kid didn't have to witness this mess firsthand and be
victimized by the throng of pushy reporters. But clearly, his brothers had
other ideas.
"Well, we're McCoys aren't we boys? They wanna get rough with one of us,
they'll answer to the rest," Billy said defiantly. Billy McCoy had a lot
of his father in him, but the best part of the old man, Jack and Patrick had
always noted. Billy had followed the old man into a blue uniform and it had
made their late father proud as a peacock. Patrick was the quietest boy and had
become a math teacher at the University of Chicago. But if push came to shove,
and one of the McCoys was in trouble, Patrick's fists could fly with the best
of them.
They all stood looking at each until Jamie Ross finally cleared her throat.
"Oh, I'm sorry Jamie," Jack made introductions.
"Ms. Ross, we owe you a lot for helping him out," Billy punched his
brother's arm. "I don't know what to say except, thanks."
"You're welcome, I just hope you're still be thanking me when this is
over."
After a few more minutes of small talk, a bailiff came to get them. Dressed in
dark suits, the McCoys and Jamie made their way into the courtroom. A seeming
hush fell over the onlookers. Adam made room for the brothers, both of whom
he'd met years before. The prosecution team of Ellis and Cook sat smartly at
their table. All rose as Judge William Wright came into the room. he motioned
for them to sit and banged his gavel on the desk.
"Showtime," Billy whispered to Patrick. Patrick leaned forward to
give his elder brother's shoulder a squeeze.
Jamie perused the jury, a panel that had been picked in record time, or so it
seemed to her. Judge Wright had allowed only 2 days to pick them and Jamie
found that outrageous and filed it away in the ever-growing 'appeals' folder.
But there was no doubt about it, this was Judge Wright's show and he was going
to make the best of. -- At my expense -- Jack had thought.
Judge William Wright wasted no time in preening for the television audience. He
spent at least a full 2 hours addressing the courtroom on the do's and don'ts
of HIS trial and on and on he droned until Billy McCoy thought he was going to
have to stand up and scream obscenities at the man. Finally, Wright wound down
his speech and started the proceeding. Robert Cook and Jamie Ross were each
allowed opening statements and Cook turned out to be quite the showman. Adam
Schiff groaned audibly at his antics. But Cook seemed to have all the facts
that would turn the heads of any jury, on his side. For Jamie's part, she'd had
to do a little fancy footwork because her case was far from ready. She could
only pray that Briscoe would come up with anything. And she knew she needed to
buy as much time as possible. Adam thought Jamie's opening had been rather
effective considering she had one hand tied behind her back.
After a break for lunch, the minutia that marks every trial began in earnest.
ME Rodgers was called by the prosecution and tried to answer as stiffly as
possible. She knew Briscoe was on McCoy's side and that was good enough for
her. While Cook had tried to pin Rodgers down to an exact time of actual
poisoning, she'd managed to leave enough of an opening for Ross' liking. It was
better for Jack if reasonable doubt could put the poisoning at the time Feldman
ate at Antoine’s and before their little scene at the Club. Jamie thought
Rodgers testimony had gone well enough.
The prosecution was about to call another witness, when a cameraman motioned to
Judge Wright that something was wrong with her equipment. Not wanting to miss a
minute in the spotlight, Wright called it a day, though it was only 2 in the
afternoon. Jamie was relieved, for it bought them precious time.
Magistrate's Club
December 29th
"Sir if you don't have reservations ... oh ... Detective, how nice to see
you again," the white haired man had said. "More questions I
presume?"
"Yeah, more questions. Listen, Mister??"
" Mr. Palm, sir ... Harold Palm."
"Ok, Mr. Palm. I need some very important information," Briscoe tried
not to draw too much attention to himself.
"About the Feldman murder? I thought they had that McCoy chap on
trial," the old man kept his voice low too.
"Yeah, well they do. But these things aren't always what they seem Mr.
Palm."
"I see. Well what do you need to know Detective?" Palm asked.
" I need to know who waited on Feldman that night," Briscoe said.
Palm walked to a small podium and retrieved a book. As he began flipping pages
he remarked, "Shouldn't this have been looked into weeks ago?'
Feeling the sting of the comment, Briscoe could only grunt, "Yeah, well,
nobody's perfect." The truth was, Briscoe was kicking himself for not
doing this earlier, but the swiftness with which the evidence had pointed to
McCoy made this unnecessary at the time. But now it was paramount that Briscoe
check this out.
"Here we go. Yes, young Mr. Ricky Poalo was in that night," Palm
said.
"Uh-huh..." Lennie grunted. "How can I get in touch with this Poalo?"
" He's here right now. Come, follow me." Palm led Briscoe through a
doorway and into a brightly lit hallway. Palm stepped into a locker room of
sorts and spoke to a young man, about 22 years of age. "Mr. Poalo, this
gentlemen is a Detective and he needs to ask you some questions. I suggest you
cooperate."
With that Mr. Palm left the room.
Lennie saw Poalo begin to shake slightly. " So, Poalo. Tell me about the
night Judge Feldman was killed."
"I don't know. He was reading some books and I served him a few drinks and
then that man came in, the one on all the TV stations, and they had an argument
and after a few minutes Feldman left," the boy was beginning to sweat.
"So, what kind of drinks did you serve him?" Lennie asked as another
young man entered the locker area to change.
"Uh, I think it was a couple of cognacs. One of them he threw at that
other man," Poalo said with rapidly blinking eyes.
" Who poured the drinks?" Briscoe asked.
"Um, Mr. Harris, the bartender."
"Ok, and did you WATCH Harris pour the drinks himself?"
"Uh-huh I think so?" Poalo wanted to be anywhere but here.
"You think so? So maybe someone else poured the drinks?" Briscoe
continued the inquisition using a tone of voice much lighter than what he
usually used. He wasn't ready to completely frighten his prey just yet.
The boy shifted nervously, " No, it was Mr. Harris, I'm sure of it."
"And did you see Mr. Harris put anything into the drinks? Like something
from another bottle?"
Poalo shook his head from side to side.
"Did YOU put anything into Judge Feldman's drink?" Briscoe asked.
"NO! I did not!" the answer was too obvious for Briscoe's taste.
"Ok, then how do you think that poison got in the drink? It must have been
you or Harris."
"No! It was that man, the one from TV," Poalo said loudly.
"Did you see the man from TV put something in the drink?" Briscoe's
voice rose.
"Yeah ... yeah ... I gave Feldman his drink and then I saw the man
screaming at Feldman and he put something in the drink."
The other young man spoke now, "What're you talking about Ricky? I was the
one who took the drinks to Feldman's table. Remember?"
Lennie wheeled around, "Who are you?"
"Tony Madio, at your service."
"Ok, Mr. Madio, tell me what you know about that night." Briscoe
thought Poalo was going to cry.
"Well, this one here hands me a tray and asks me if I'll serve
Feldman," Madio explained.
"Why?"
Madio shrugged, "Because Feldman scared the pants off half the guys in
here."
"But not you?"
"Naw," Madio said proudly, "Nobody scares me in this lousy
joint. They all think they're better than everybody else, but they ain't better
than Tony Madio. I don't have to go beggin' for help from any one of 'em, like
Ricky here."
Briscoe's hair stood on the back of his neck. "Help? Tell me about
that".
Poalo tried to signal Madio to shut up, but Madio enjoyed hearing himself talk
and didn't realize it was such a big thing anyway. " Ricky got this job
through his brother Frederick. See, Frederick got caught breaking and entering
and doing some other stuff and instead of jail time or community service, the
Judge uses Frederick as his personal errand boy. You know, getting his laundry,
picking up food, washing his car, that kind of thing. And Frederick must be
doing a good job because the Judge got Ricky this job here."
"When? When did Ricky get the job?
"Maybe two, three months ago ... right Ricky?"
Ricky looked ill but he meekly said, "Yes."
"And you Ricky. You do favors for this Judge too?" Briscoe asked.
"No, I only do what Frederick tells me to do. I don't even know the name
of the Judge. Frederick won't even tell me his name."
Briscoe stood close to the boy. "Ricky? Did Frederick tell YOU to put
something in Judge Feldman's drink that night?"
Ricky began to cry and soiled his pants, "Yes, Frederick gave me a bottle.
He said to put it in the drink and everything would be ok. Frederick said it
would just make Feldman a little sick, that's all. Just a little sick."
"And did your brother get this bottle from the Judge?" Lennie's eyes
squinted.
"I don't know. Maybe."
CHA CHING
Lennie
Briscoe's heart was pounding like a sledgehammer. He'd just been told the
information that he'd known all along was the truth. But he needed to hear it
spoken by someone other than a friend of Jack's. Jack McCoy did NOT poison
Judge Gary Feldman. And now, if he could only locate the Judge who Frederick
Poalo had been working for, Briscoe would know who did. Then this nightmare
would end.
"Listen to me Ricky, this is very important," Briscoe placed a hand
on the young man's shoulder and wagged an index finger in his face.
"Am I ... I.... going to jail?" Tears feel down Ricky's cheek.
Briscoe spoke more softly, "Ricky, if you tell me where Frederick is, if
you do that, I will do what I can to keep you from jail. I have friends in the
DAs office and I can help. You understand?"
Ricky nodded, " Ok, but I don't know where Frederick is."
Now Briscoe squeezed the boy's shoulder in a less than friendly way.
"I'm telling the truth, " Ricky cried, " I haven't seen
Frederick in a couple of weeks. My Mom's really worried and so am I. I don't
know where he is or I'd tell you. I swear I SWEAR!."
Briscoe had been in the business long enough to know when he was dealing with a
scared kid who was telling the truth. And he sensed this kid was. He eased up
on the shoulder. "Ok, Ricky, I need to know where your Mom lives. I need
to talk to her."
Ricky wiped his eyes with his sleeves and gave Briscoe the number.
Lennie Briscoe jumped in his car, determined to find Frederick. As he drove, he
phoned Jamie Ross and gave her the all-important news concerning Ricky's
statement, which for all intents and purposes would seem to clear McCoy. Lennie
had to chuckle as he actually heard a very excited, though normally reserved
Jamie Ross, let out a whoop. This was the first break they'd had in this case,
the first time the noose around Jack's neck had seemed to loosen. And Jamie
relayed the news that Ricky Poalo and Tony Madio were both likely to be called
as witnesses for the prosecution tomorrow. She smiled as she relished the looks
on the faces of Cook and Ellis when they heard THIS unexpected testimony. She
could almost hear the roar of surprise rumble through the courtroom now. But
she'd agreed with Briscoe that it was of utmost important that they find this
unknown Judge.
Briscoe found the address with only a little difficulty. He climbed the
snow-covered steps of the modest home. Lennie was already sick of winter and he
knew it'd really just started and another blast was supposed to roar through
any day now.
He rang the doorbell and an attractive woman answered the bell. Briscoe
introduced himself, flashed his badge and the woman let him in. He told her
that he'd spoken to her other son that evening, though he didn't reveal details.
"Do you know where Frederick is, Mrs. Poalo?"
Her forehead was lined with worry, " No and I want you to find him. Please
Detective. He's a good boy, just a little trouble, but that's behind him now
and he's even working for a Judge."
At that statement, Briscoe's neck muscles tightened. "Do you know the name
of this Judge?"
"No, Frederick didn't say and I don't pry. I'm just happy that he's out of
trouble."
--Lady if you only knew --- thought thee tired detective.
"Ok, so do you think any of Frederick's friends would know? Where can I
find them?" Briscoe asked as sweetly as he could, realizing that the woman
had no idea of the heartache that was soon to be hers as her son was linked to
a murder.
" Yes, they hang out at a pool hall about 5 blocks over. But I've already
asked and none of them have seen Frederick either," She wrung her hands.
"Please find my boy. Please bring him home."
Lennie Briscoe was cold, tired and hungry as he sat down at the bar of, Pete's,
a small dive with a couple of pool tables in the back.
"Hello mister, what can I get you?" The man behind the counter asked
as he wiped a glass. Despite outside appearances, the inside of the place
actually looked clean and almost reputable so Lennie thought he could risk it.
" Uh, lemme have a cheeseburger, fries and maybe a club soda."
"Comin' up," the man said as he slipped an order sheet through a
small hole behind the bar.
"I've never seen you in here before," the man said pleasantly enough.
"Well I'm here on business actually," Lennie said as he munched on
some peanuts.
"Yeah? Something I should worry about?" the man asked.
"Don't worry friend, it's got nothing to do with this joint," Lennie
responded. " You can tell me something though. Have you seen Frederick
Poalo around?"
"Freddy? No, not in a couple of weeks come to think about it. And I'm not
gonna ask why because whatever he's done I don't want to know about," the
man held up the dishrag as he spoke.
"You think he's done something?" Lennie asked casually.
"Mister, every guy who comes in here has 'done' something. As long as they
pay their tabs, they can come and go as they please."
Lennie grunted, " You see any of Poalo's friends around here?
The man nodded in a sideways direction. "Yeah, that kid back there nursing
a beer, I've seen him with Poalo."
"Thanks," Lennie said as he walked towards the pool table. Briscoe
racked the balls and chose a stick and began instantly making impressive shot
after impressive shot.
It wasn't long before the boy and his beer ambled over and struck up a
conversation.
"You're good, man. Where'd you learn to do all those tricks?" the
20-ish young man asked admiringly.
Briscoe sent a shot the length of the table and watched as the ball slammed
into the back pocket.
"Aw, I picked up a thing or two over the years. It's all about practice,
practice, practice."
Lennie and George Dawson, as he'd identified himself, chatted until Briscoe's
burger arrived. Lennie bought the kid another beer and they sat together while
Lennie ate. Finally he worked the subject around to Frederick Poalo.
When the boy started to clam up Briscoe played it casually, " Need him for
a job." At this his dinner companion's eyes lit up.
"Are YOU the MAN?"
"Uh, could be," Lennie said as he ate a fry.
"No kidding ... Frederick's always talking about having to meet 'The Man'
and I always wanted to meet you too. But Frederick said I couldn't because I
didn't owe you like he did," the young man eagerly said as he added,
"You know, I mighta seen you once before."
"Really? Where?" Lennie asked trying to contain his growing
excitement.
"I followed Frederick once. He said he had to meet "The Man" and
I wanted to see you for myself."
"And do I look the same?" Lennie grinned.
" It's kinda hard to tell. I couldn't get real close because I was hiding
in some weeds so Frederick wouldn't see me, or you wouldn't see me either. And
you had a scarf pulled around your face so I didn't get a real good look. But I
did see Frederick and you talking. And I saw that blue box he gave you."
Lennie knew this kid wasn't the sharpest tool in the shed, but he was just
chocked full of interesting information.
"Oh, you saw the blue box, did you? Did Frederick tell you what was
inside?" Lennie took another bite of burger.
"Naw, that was the first time I'd seen it. And I couldn't ask him about it
because then he'd know I'd followed him and he'd be angry," the boy
brazenly began to munch Lennie's fries.
"Uh, George, do you know where Frederick is?"
"No. The last time I saw him he said he was going to meet "The Man”,
which I guess is you," he smiled dopily.
"When was that?"
"Maybe two, three weeks ago. I thought maybe you'd had him do some special
spy work or something and that's why he'd been gone so long. But since you're
here, I guess not, huh? " George's face fell.
Seizing the moment, Lennie said, "George, I want you to help me out
ok?" George's face lit up. " I want you to take me to the spot where
you saw Frederick give me the blue box."
"But don't you know where it is?"
"Um, the thing is I have several spots where I meet Frederick and I can't
remember where I met him that day. And I know that that very day I lost my
favorite watch and I thought maybe I lost it when I went to meet
Frederick," Lennie cringed at the lameness of that story, but George
bought it, and that was all that mattered.
They drove a few miles to a deserted dock. From the looks of things, this place
hadn't been used in years and years. A dilapidated warehouse appeared ready to
heave-ho at the slightest breeze, and it was clear that the City's
beautification plan hadn't extended to this wretched area.
George and Briscoe got out of the car as a cold wind sliced through them. But
there was little to see and Briscoe's flashlight was in desperate need of a new
battery. As George searched for the non-existent watch, Briscoe shined a weak
light on snow and tall weeds. He knew he wouldn't find anything this night.
He'd come back at dawn by himself and take a better look around.
CHA CHING
December
30th
Courthouse
Jack McCoy's supporters were anxiously awaiting today's testimony. Two of the
witnesses scheduled to testify, Tony Madio and Ricky Poalo, were going to set
this trial on its ear when they told the court what they'd told Briscoe the
night before. Ricky Poalo had put poison in Feldman's drink as directed by his
brother Frederick, who was carrying out the orders of the real murderer. A
JUDGE, no less.
But it would be some time before the young men took the stand, as prosecutors
Cook and Ellis had a lengthy list of witnesses to call, all of whom would put
McCoy in the Club the evening of the murder. -- Talk about overkill -- Jamie
had thought, yet she knew perfectly well that Cook and Ellis wouldn't pass up
the grand opportunity to parade upstanding Judge after upstanding Judge in
front of the jury. There'd be no question whatsoever that Jack McCoy had indeed
been present that night and had been angrily foaming at the mouth. Jamie was
irritated, yet she knew from her years on the other side of the aisle, that
she'd do the exact same thing.
Court began sharply at 8 A.M. and true to form the Judges started testifying.
None looked too thrilled with having to do so, yet the opportunity to look
dignified in front of a nationwide TV audience did have its upside.
4 Judges testified, as well as stately Mr. Palm. The bartender Mr. Harris had
to make an appearance as did a busboy whose native tongue was Russian and spoke
in a broken accent. All had accomplished what the prosecution had intended and
there was little Jamie could do on cross. Yet, SHE knew something the
prosecution didn’t, and the fun was about to begin.
"Next witness, " Wright called out.
"Your honor, The People call Anthony Madio," Ellis said.
Tony Madio made his way to the front of room and was quickly sworn in and stated
his name and occupation.
Ms. Ellis wasted no time, " Mr. Madio, the evening of Judge Feldman's
death, what were you doing in the Club?"
Madio responded while leaning close to the microphone, " I was serving
drinks."
"And did you serve Judge Feldman drinks?" Ellis posed for the jury.
"Yes I did," he answered.
"And did you see the defendant?" Ellis pointed to Jack for at least
the 6th time that day."
"Yes."
"And what did you see the defendant do?" Ellis asked dramatically.
"Well," Madio shifted nervously, "He came running into the place
and he came straight at Judge Feldman and they first started talking, then they
started yelling and Feldman threw a drink in his face and he took a swing at
the Judge," Madio nodded towards Jack.
"No more questions, your Honor," Ellis took her seat and accepted
congratulations from Cook.
Now it was Jamie's turn and she, Jack, and Adam knew that the trial was about
to turn in their favor on the very next question and answer.
The Docks
Same Morning
Lennie Briscoe had grabbed a needed bit of breakfast before he returned to the
docks in the morning. He had no idea what, if anything, he'd find there, but
his years on the force had taught him to leave nothing to chance. He pulled his
car to a halt along the edge of the docks. A freezing wind blew across the
water and slapped the Detective in the face. -- That'll wake you up. -- he'd
thought as he pulled his coat tighter. Lennie wanted to find some sign of the
mysterious Judge or of the missing Frederick Poalo. This was the only known
location that placed Frederick and the Judge together, so it was Briscoe's best
hope. It also looked like a lousy place to find any clues, even if he DID know
what he was looking for.
For a half an hour Lennie roamed through the old warehouse but found nothing
but a bunch of rats and a pile of assorted junk. Next he walked around the
docks looking and looking and finding nothing. It didn't help that there was
still a lot of snow piled high. He absently kicked at a clump of the white stuff
and his eye caught a glimpse of the color blue. He cleared away the rest of the
snow with his foot and was left staring at a Mets baseball cap. Briscoe pulled
out a handkerchief and bent to pick the cap up. He almost dropped it when he
saw that the side of it was covered in a dark substance. Briscoe knew it was
blood.
It didn't take him long to locate the owner of the hat. Wedged between the dock
and an abandoned 1975 Gremlin was a body. It was badly decomposed though
Briscoe could see that the man had been shot in the head. Briscoe squatted for
a better look. The man looked to be about 25 years old. Lennie slowly stood up
and he said aloud to the wind, " Bet your name is Frederick. And you were
killed by 'The Man', weren't you?" Just a few hours ago things had been
looking up and now they'd gone south again. He flipped open a cell phone and
called 911 and Anita Van Buren at the 27th. At least Briscoe was satisfied that
things were going better in the courtroom than here.
Courtroom
"Your witness, Ms. Ross," Wright scratched the back of his head.
Every nerve in Jack's body was tingling and Adam Schiff was working tense jaw
muscles. The brothers McCoy were leaning against each other for support and
Lennie Briscoe, who'd snuck into the back of the room, didn't move a muscle.
Jamie was a study in contrast with her absurdly showy counterparts from Queens.
She ignored the camera and focused solely on the task at hand.
"Mr. Madio, we've established that you saw Mr. McCoy in the Club that
night. Tell me sir, did you SEE Mr. McCoy put anything in Judge Feldman's
drink?"
"No," Madio said, "I didn't see him do that."
Jamie continued, " But you do know who DID put something in Feldman's
drink, don't you?"
Ellis and Cook were caught entirely off guard, as was everyone else in the
courtroom, save McCoy's group. Jamie could feel gasps behind her back.
"No, I do not," he replied.
Jamie felt a dagger in her heart. Jack turned to look at Adam who seemed to
have aged 5 years in the last 5 seconds.
" I'll ask the question again, Mr. Madio," Jamie began, but Cook was
on his feet.
"Objection! Asked and answered your honor," Cook had been sickened by
the thought that Jamie Ross knew something about his witness that he did. He
wasn't about to let Madio have a second run at that question.
"Sustained," Wright said.
"Your Honor, I need a little leeway here, I need to ask the question again
in case Mr. Madio didn't understand it," she replied.
Judge Wright turned to Madio and with sarcasm in his voice said, "Mr.
Madio, do you speak English?"
"Yeah, of course I do," Tony Madio snorted.
"Then move it along, Ms. Ross. The question was answered," Wright
waved at Ross with his hand.
McCoy knew Jamie wouldn't give up that easily. She would be tenacious even if
it brought down the wrath of the almighty Judge Wright.
"Mr. Madio, do you know what perjury is?" She asked firmly.
"Objection!" Cook was on his feet with Ellis right beside him.
"She's badger..."
"Sustained! Ms. Ross, find another line of questioning," Wright's
suggested loudly and strongly.
Jamie wasn't about to back down now. The entire case, Jack McCoy's LIFE might
be riding on the next few minutes. It was now or never.
"Mr. Madio, did you or did you not hear a fellow waiter named Ricky Poalo
tell Detective Leonard Briscoe that, HE, that RICKY had put poison in Judge
Feldman's drink?" Jamie's voice was firm and decisive.
The voices from Queens yelled "Objection!!" in tandem as the
courtroom came alive with whispers. Jack's eyes were riveted on Madio.
"Objection!" Cook continued to yell. The crowd noise continued to
grow and Judge Wright banged his gavel repeatedly yelling, " Order,
Order!"
Finally the noise subsided as Cook remained standing. "Your Honor, I don't
think..."
"Sit DOWN, Mr. Cook," Wright called out. He turned his attention to
Jamie Ross and said acidly, "The witness will answer the question. Please
repeat it Ms. Ross."
Jack couldn't believe that Wright was actually ruling in his favor on this
important question, but he wasn't looking a gift horse in the mouth either.
Jamie asked the question again in a clear and concise tone for all to hear.
"Mr. Madio, did you or did you not hear a fellow waiter named Ricky Poalo
tell Detective Leonard Briscoe that, HE, that Ricky had put poison in Judge
Feldman's drink?"
Tension built and all eyes and ears were on Tony Madio. His answer could be the
difference between a death sentence and freedom for Jack McCoy. McCoy could
hardly breathe.
"No, ma’am, I did not hear Ricky say anything like that," Madio said
at last.
The response sent another ripple of noise through the room. Lennie Briscoe
thought about going up and wringing the boy's neck. Why would he lie? Jamie
could hardly think straight and Jack McCoy closed his eyes and dropped his head
to his chest, looking as defeated as any man ever had.
"Are you sure Mr. Madio?" she asked again. Before Cook or Ellis could
object, the boy affirmed his previous statement.
"Anything else, Ms. Ross?" Wright asked with a hint of sarcasm.
"No, no, Your Honor, not at this time." The walk back to her chair
was the longest in her life. She sat down and looked over at Jack. He looked
stricken.
"I'd like to see counsel at the bar," Wright unexpectedly said.
Jamie, Cook and Ellis all took their places in front of the Judge. He covered
the microphone as he spoke.
"I'm looking at your witness list Counselors," he turned to Ellis and
Cook, "And I see that you have several more names from the Magistrate's
Club.
I'm assuming that all of these witnesses are just going to reaffirm that the
defendant was in Feldman's presence that night and they had words?"
Ellis spoke, "Yes, your honor."
" Do we really need to call all of them to restate the obvious?"
Wright sighed.
Jamie shook her head in disgust as she looked at the names on the list. Ricky
Poalo was on it, and she wanted nothing more than to sink her teeth into him.
She'd make him tell the truth if it was the last thing she did. But she knew
there was no way the Queens duo would ever risk putting him on the stand after
the near disaster of Tony Madio. Jamie would have to be satisfied to call him
when her time came, even of she had to subpoena him.
"Allright then, we'll take our usual lunch recess," Wright banged his
gavel then stood and disappeared out a back door. The crowd rose and quite a
clatter accompanied them as they scrambled about. Briscoe could already hear a
TV crew whirring into action, ready to breathlessly discuss this morning's
exciting event. He made his way to the front of the room like a salmon swimming
upstream.
He reached the defendant's table and looked down at Jack. " Jack I can't
believe that little punk lied. I'm sorry," Briscoe knew his apology would
help nothing.
" Nothing you could do about it, Detective. Kid committed perjury. Happens
sometimes, " Jack's voice sounded as if it came from a very hollow place
inside him.
"Jamie, put me on the stand. I'll tell them what Ricky said," Briscoe
tried to salvage the situation.
" You'll get a chance, Lennie. But I have to warn you that they'll do
their best to make YOU sound like the liar. You're Jack's friend, you have
every reason to lie, at least that's how it'll come across," Jamie angrily
shoved papers in her briefcase.
Patrick McCoy had a hand on Jack McCoy's shoulder and was massaging it. Billy
McCoy was glowering at the ground. It was Adam who spoke next. "Detective,
I take it you didn't find Frederick Poalo?"
Lennie looked like he might be sick. " I found him allright."
"And?" Jamie knew better than to get her hopes up.
"He's dead."
There were groans all around.
Lennie continued," I found him at the docks. Shot in the head. CSU
estimates it happened a couple of weeks ago."
"Well then, that's the ballgame," Jack said quietly.
"Not if I can find the Judge," Lennie said, though he knew that was
an almost hopeless task.
" How're you gonna do that with Frederick dead?" Patrick asked. It
was a question Lennie Briscoe could not answer.
CHA CHING
Lennie
Briscoe walked onto the front steps of the aging courthouse. He was disgusted
by the sight of dozens of reporters, all breathlessly telling their audiences
about the fiasco that had occurred moments ago. He overhead one particularly
irritating woman blasting Jamie Ross for her unsuccessful questioning of Tony
Madio. Lennie resisted the urge to toss her unceremoniously down the staircase.
The Detective was trying to clear his head so he could think. As long as the
trial continued, and Jamie was trying to give him as much time as she could to
search for SOMETHING, ANYTHING ... he'd continue to work non-stop. A reporter
from a major cable network approached Briscoe and shoved a microphone in his
face and the cop pushed past the man as if he didn't even see him. The last
thing Briscoe needed right now was to become a sound bite on the 6 o'clock
news.
He was halfway down the massive steps when he spied Tony Madio taking the steps
two at a time in an effort to outrun a pack of microphone wielding hyenas. He'd
finally escaped them and headed towards a nearby subway station. Lennie Briscoe
was in hot pursuit.
Madio walked down the steps and deep into the station. He paid his fare and
proceeded down a long platform towards his train. Briscoe had him in sight.
Madio checked his watch, looked down the tracks, then disappeared into the
men's room. Briscoe followed him in.
Madio was splashing water on his face and as he reached for a paper towel, his
wrist was grabbed and painfully twisted.
"Hey!" the young man cried out in pain.
Another man had been washing his hands and stared dumbfounded at the two men.
Briscoe saw the man's reflection in the mirror and yelled, "Get out!"
His feet seemingly glued to the floor, the man didn't move. Lennie reached into
his jacket and flashed his badge, yelling again, " Beat it!" The man
stumbled as he made a hasty retreat.
Lennie turned his full attention to young Mr. Tony Madio. "Allright, punk!
Why'd you DO that? Why'd you lie?"
Madio wasn't as full of bravado as he'd been the night before, but he held his
own. "Listen man, after you left, Ricky and I talked some more last night.
And Ricky told me that there was no way he was gonna testify that he and
Frederick were involved. And if Ricky ain't testifying, no way am I saying
ANYTHING."
Lennie saw resolve in Madio's eyes and decided to appeal to his better half.
"Tony, don't you understand that a man's life is at stake? An INNOCENT
man!"
"Look mister, I wish I could help, but I can't. If Ricky won't tell the
truth, then I just can't either," Tony grimaced as Briscoe pinched his
wrist. Finally Briscoe threw Madio's wrist down and said disgustedly, "
Kid, you're making a terrible mistake."
Tony Madio rubbed his sore wrist as he watched the cop turn on his heels and
march out. Madio took a long look at himself in the mirror and wasn't certain
he liked the face that stared back. -- I did what I had to do -- he told
himself.
Lennie made his way back to the 27th precinct and ran down two flights of
stairs, then down a long hallway until he came to office 101A. He entered the
large room and walked towards a cubicle nestled in the corner of the room. He
prayed she'd be there. She was.
Margie Cox was munching an apple when Lennie rounded the corner. She turned to
look at the visitor.
"Well hey, handsome, I was wondering when you'd stop by," she teased.
Margie and Lennie were old friends, and though the last thing she wanted was
another marriage, they did enjoy an occasional Saturday at the races or the
ballgame. They were good company for each other.
" Listen, Margie, I know I owe you already but I really need your help
again," Briscoe sat on the edge of her desk.
"It's the McCoy case isn't it?" she said sympathetically.
He nodded.
"We watched some of the testimony this morning on that TV in the break
room. Bad day for the defense," she patted Lennie's arm.
"Yeah, real bad," Lennie replied.
Margie Cox thought that Lennie could use about a week of sleep and she was
eager to help out her friend. "Whadya need, hon?"
Lennie closed his eyes to think. "Margie, if I need to find the name of a
Judge who presided over a specific case, what do I do?" Briscoe thought it
was a long shot but he had to try everything.
Margie thought for a second then turned to her computer and typed in a few
words and clicked on a few screens. "Ok, what's the name of the
defendant?"
"Frederick Poalo." He rummaged through a dish of candy on her desk.
As she typed she raised her eyebrows. She certainly knew the name Poalo from
that morning's trial.
" Nope, nothing here," she said.
"But there should be right?" He snacked on some jelly beans.
"Yeah, if he had any kind of action in front of the bench, there should be
something. Are you sure he did?"
"Oooh yeah, I'm sure," Lennie replied. He watched as Margie tried
several spelling variations of the name Poalo. Still no luck.
"Lennie, if it's not here, and you're sure that this guy should have some
kind of record, it must have been deleted. Expunged." She drank a sip of
soda and studied his face.
"Yeah, I figured that was probably the case."
An idea suddenly came to Margie. "You have any idea who this Poalo guy's
lawyer was?"
The light bulb went off for Lennie too, " No, I don't. Can you cross
reference that or something?" he asked hopefully.
She shook her head. "Sorry, but the system doesn't work that way. You mind
telling me what's going on in that head of yours?"
He knew she deserved an explanation, and besides, it would be nice to have
someone else to commiserate with.
He explained the whole thing about Ricky, his murdered brother Frederick, and
the mysterious Judge connection. She listened intently.
"See Margie. If I can find Frederick's attorney, he or she can tell me who
the presiding Judge was. The guy who killed Feldman."
Margie considered everything she'd heard. "Lennie, have you asked
Frederick's family who the attorney was?"
"No, and I doubt they'd tell me even if they remembered. Ricky's clammed
up and the mother is probably a basket case over Frederick's death. I'm sure
she's heard by now."
" Well, she might not talk to you, but she might talk to a sympathetic
woman," Margie raised her eyebrows.
"Who? You?" He sounded shocked.
"No, the Queen of England," her answer dripping in sarcasm. "Of
course me. At least I can try? What've you got to lose?"
Lennie picked up Margie's purse and handed it to her. "Doll, you pull this
off and I'm taking you out for an evening of dinner and dancing."
" And a Broadway musical," she poked him in the chest. He rolled his
eyes. He hated musicals.
But he shook his head yes.
They pulled to a stop in front of the Poalo home. Margie could see through the
front window that a few friends had already gathered to offer condolences.
Briscoe and Cox knocked on the door and were let in by a very old man. Cox
handed him a coffee cake as a small gesture, hoping to ease the awkwardness of
the visit. Mrs. Poalo saw Briscoe and came over and grabbed his hand.
"You ... you found my Frederick, didn't you?" She had red-rimmed
eyes.
"Yes ma'am, I did. I'm very sorry," Lennie said quietly.
For the next few minutes Lennie listened to the woman cry as she told them over
and over what a good boy her Frederick had been. When Lennie decided that
Margie had begun bonding with the woman, he excused himself and began to search
the house for Ricky. He found him in his room playing solitaire on a computer.
Ricky glanced at the man then looked back at his game. " You think the
Judge killed him?"
Lennie studied Ricky's face. "Yes, I do."
"Fredrick was so stupid. He trusted that Judge. And he was double
crossed," Ricky said bitterly.
Lennie saw his chance. " Ricky, if you help me, if you testify about what
you told me last night, I swear we'll find the man who killed your
brother."
Ricky continued staring. " Forget it."
"But Ricky..." Lennie sputtered.
The boy stood to face Lennie Briscoe. "My brother may be stupid, but I'm
not." Briscoe couldn't believe this was the same scared kid from the
evening before. There was fierceness in his face that hadn't been there before.
"Frederick got himself in trouble and now he's dead. I don't need my own
trouble. I'm not testifying that I put poison in the drink."
"But Ricky, you want your brother's murderer to go free?"
" Nothing will bring Frederick back. And if I testify, I could be next.
And if that lady lawyer puts me on the stand I'll lie. I swear to you, I'll
lie."
Lennie knew it was a lost cause. He returned to the living room and he caught a
knowing nod from Margie Cox. Within minutes they were back in the car.
"How'd you do?" she asked as they sped away.
"Struck out. You?"
Margie waved a small piece of paper in Lennie's face.
"You got it? You got the name of Frederick's lawyer? How'd you do
that?"
She smiled like a Cheshire cat and purred, " I can be very persuasive,
Lennie Briscoe."
Scene:
Office of
Dennis Beck, Attorney at Law
The office was very small and cluttered. Such was the life of a small time
lawyer. Lennie and Margie took seats across from Dennis Beck.
"Poalo? Sure I remember the kid," Beck said as he pushed a stack of
papers aside to get a better look at the twosome.
"You DO!" Lennie almost felt like crying.
Beck chuckled, " Hard to forget that case. Small time stuff, a B&E and
I think he stole about 260 bucks, if I remember correctly."
"Uh, Mr. Beck, I don't see how that's very memorable," Lennie
replied.
"Oh, it wasn't the crime itself that was so memorable, Detective. It was
the sentencing process. See, I'm ready to plead the kid down to minimum time in
a minimum-security jail, a few hundred hours of community service, the usual,
you know? So I'm standing there telling the prosecutor what I want, and he's
starting to agree, when all of a sudden the Judge tells us that he's wiping the
kid's record clean. I mean, that's fine by me, but the prosecutor goes
ballistic. 'Cause, you know, he has quotas to meet and we all understand how
the game is played. So anyway, the Judge looks down at the prosecutor and tells
him that if he ever hopes to win a trial in his courtroom again, he'll agree to
this deal. What's the guy gonna do? Of course he agrees and, boom, the kid
walks and I don't ask any questions either."
Lennie's throat grew tight. He held the golden goose in his hands.
"Mr. Beck, who was that Judge?"
Beck smiled widely. " Detective, that Judge was none other than our
infamous and much lamented, Judge Gary Henry Feldman!"
Lennie's jaw dropped and he stood up as if shot from a cannon.
"FELDMAN? FELDMAN?!!! No that CANNOT be right!" Briscoe bellowed.
" What can I tell ya? Detective it WAS Gary Feldman. Don't believe me, you
can check with the prosecutor ... guy named Ted Billings." Beck was amused
at Briscoe's response.
"Mr. Beck, are you 100% sure that the Judge who let Frederick Poala walk
on breaking and entering and charges of stealing was Judge Gary Feldman? THE
dead Gary Feldman?"
"One and the same. Stake my reputation on it," Beck smiled.
Lennie and Margie walked to the car, Lennie in a daze. They climbed in the
vehicle and he stared out the front window.
"Talk to me, Lennie," Margie said.
He spoke at last. "Don't you see Margie? This is so mixed up. Ricky Poalo
said that the Judge Frederick was working for, the Judge who'd let Frederick
walk away from B&E charges, is the Judge who murdered Feldman. You see the
problem?"
Margie smirked as sleet began to fall on the window. " Yep, that makes no
sense at all. Judge Feldman poisoned Judge Feldman."
Lennie pounded a fist on the steering wheel. "How are we ever gonna get
Jack off now? No one will ever believe this ridiculous story. Hell, I'm not
even sure I believe it."
CHA CHING
December
30th
Adam Schiff's Home
8 P.M.
Lennie Briscoe sat hunched in a wingback chair. Adam Schiff sat on a couch
opposite the Detective, rubbing his forehead with his thumb. Jamie Ross paced
the floor, staring down at the beige carpet. The attorneys were trying, with
little success, to digest the information the cop had given them minutes
before.
"This is nuts. This just doesn't make ANY sense at all," Jamie said
as she stood in front of Briscoe waving her arms for emphasis.
Briscoe blew a deep breath, "Counselor, I'm as dumbfounded as you
are."
Jamie continued her pacing and on the next trip back across the floor she stood
and faced her old boss. "Adam, what in the hell are we gonna do? I can't
very well tell the members of the jury that the deceased is responsible for
his own death while every shred of evidence they've heard tells them McCoy did
it!"
Jamie and Lennie waited for words of wisdom to come spilling from the old DAs
mouth. But Adam simply looked up at Jamie and shrugged. The pacing began again
in earnest. After a good 2 minutes, Schiff finally broke the silence.
"Just for the sake of argument, let's assume that Feldman really DID
poison himself. Number 1, why would he do it? Number 2, why would he make such
a spectacle out of it by going to the Magistrate's Club? And number 3, why did
he go to such lengths to set Jack up?"
They all considered the questions.
" #1. Why? Ok, so he's a lunatic ... a nut ... he just found out he had a
month to live and wanted to go out with a bang ... he hated the fact that he
was short ... I think trying to figure out WHY he did it is impossible at this
point, Adam," Jamie blurted out. Adam was rather amused by her outburst
and actually managed a smile with his grunt.
Now Lennie weighed in, " #2? Maybe he really did want to make a spectacle
of himself. That guy seemed to love the limelight, right? What better way to go
out than in a room full of other Judges?"
Jamie finally sat on the couch next Adam. "You're forgetting one thing,
Lennie.
He didn't die in that Club. He wandered into Central Park to do it."
Lennie could only shake his head.
Now it was Adam's turn. " #3. Whatever Feldman's motives, perhaps he just
enjoyed the thought of dragging Jack down with him. It's no secret that Feldman
hated Jack, as well as me.
Another long silence before Jamie summed up the situation. "WE just don't
have a clue what really happened that night, do we?"
December 30th
Jack McCoy's Apartment
West Side
8 P.M.
Jack McCoy stood on the back porch of his apartment and took a very deep breath
of very cold air. Dressed in the same clothes he'd worn to trial that day,
excluding his suit jacket, he let freezing sleet relentlessly sting his body.
It was a night only fools dared be out. Even the TV trucks were gone from the
street in front of his apartment, deciding that they'd not get a glimpse of
anyone going or coming this miserable evening. Besides, it was as dark outside
as Jack could ever remember. He could only see a few feet in front of himself.
But this night, the beleaguered attorney wanted to feel the cold, feel the
sharp frozen rain pelt his skin and take deep breaths of air that threatened to
freeze his lungs. For Jack, it was a reassurance that he was still alive. That
he was still capable of feeling at all. So disastrous had this day been in
court that he'd thought his body had shut down as a necessity of
self-preservation. Sufficiently drenched, he returned to the warmth of his
apartment and the warmth of being surrounded by personal belongings, personal
keepsakes. Soaked to the very core, icicles hanging off his hair and eyebrows,
Jack took a slow walk around his home, looking at small and precious objects
that reminded him of better moments in his life. Picking them up and touching
them gave him pleasure and made him feel more alive than he'd felt at any time
in that courthouse today. He grinned as he looked at pictures of those near and
dear, and wondered if they'd soon forget him if he were sentenced for murder, a
prospect which was now a certainty in his mind.
Jack went into the kitchen and made a pot of coffee. He laughed to himself as
he thought he'd better take advantage of this small reminder of freedom while
he could. As the coffee perked, he peeled out of his wet clothes and took a
short, but hot, shower. He slipped on a very worn pair of comfortable jeans,
the ones with the rip in the knee. He pulled a lightweight, long sleeve, gray
T-shirt over his head and left his feet bare. While performing the small ritual
of dressing, he thought of his wretched day in court. First he had to endure
the parade of Judges all singling him out ... then there were all those staff
members of the Club who did the same, pouring salt in the wound. Next it was
followed by the wrenching Tony Madio testimony, which had been followed up in
the afternoon by the 3 hour testimony of an obviously reluctant Detective Ed Green,
who had to give detail after detail of the discovery of Jack's gray hat at the
crime scene, and the vial of poison in his pocket. Jack could not imagine
himself in a deeper hole.
He walked down a narrow hallway leading from his back bedroom into the living
room. As he walked, he towel dried his hair with a navy hand towel. As he
entered the living area, he had the towel to his face. He lowered the towel,
opened his eyes, and stopped dead in his tracks.
Jack's brain scrambled to make sense of what he was seeing. When his brain
finally connected to vocal chords, Jack said hoarsely, "You? What are YOU
doing here? How'd you get in here?"
The familiar voice laughed slowly," You really shouldn't leave your extra
keys in the kitchen drawer. Anybody who snooped around this place could find
them quite easily."
Jack was startled. "You've been in my place before? When? Why?"
The man laughed again. "So many questions, Jack. Of course I haven't been
in this ... this ... place ... you call a home. I had someone to do those messy
kind of tasks for me. And why am I here? For a smart man, you sure are stupid,
you know that?"
Jack felt his blood begin to stir, if not boil, at that last remark. He took a
step towards the intruder but stopped short when the man brought a gun from
behind his back and pointed it at the attorney's chest. Jack was almost
speechless.
" Not so tough with this in your face are you?"
Jack decided it best to say nothing.
" McCoy, this just hasn't been your day, has it?
"Whadya want? Why are you here?" Jack asked again.
"You do have a one-track mind, don't you? Which I guess isn't such a bad
thing when you're trying to nail some poor fool for murder, is it? Maybe not so
much fun when you're on the other end though, huh, Counselor?" The man
smirked.
The intruder continued, " But you so badly wanna know why Imp here? Ok, I
guess it's time to tell you." An unreadable expression crossed the man's
face as he said very simply, " I'm going to kill you."
But Jack's expression was quite clear. His jaw dropped and he blinked several
times. "No ... why?"
"There's that damn 'why' question again. Because it's time, Jack. Because
the game is over."
"Game? What game?" Jack felt his knees go weak as his mind raced
trying to decide what evasive action to take.
" Your trial, Jack. That's the game. And you lose."
" But I ... look, it's going badly for me anyway... why do this? Why kill
me now?"
The man reached up and scratched his chin. "Well now, THAT'S a very good
question indeed. Yes indeed, that's the best one you've asked yet. You see
Jack, the problem with trials, and you of all people know this, is that
sometimes lawyers get too smart. And they try to pull a rabbit out of a hat.
Your Ms. Ross tried that today with that Madio character. Oh, she didn't
succeed of course. But tomorrow is another day and I can't take the chance that
the next time she MIGHT pull that rabbit out. And your friend, Detective Briscoe,
and his furry companion, have been snooping around too much for comfort. So the
WHY of it Jack, is that after you're dead, after a week or two, you become just
a footnote on Page 17, and the media moves on to the next sucker."
Jack felt sweat running down his back, " But they'll know I was murdered
and they'll investigate."
The man's eyebrows raised as he said in a very scholarly voice, "Aaah, but
THAT's the good part, Jack. Your murder won't look like a murder at all."
"What are you talking about?" Jack's voice raised.
"I'm talking about ... THAT." The man pointed at a small blue lockbox
perched on an armchair. The box had gone unnoticed by McCoy. The EADA stared at
the box and his eyes narrowed as he came to full recognition of the object.
Then he took a long look at the gun in the man's hand.
" Dad ... That's my father's service revolver. How did you...” Jack's
voice trailed off as his eyes remained glued to his old man's gun which was
pointed straight at him.
"Jack, must I explain everything? Getting the box was easy. I know all
about how you kept it stored behind an Ernie Banks baseball glove and some
Rolling Stones albums in that closet in your bedroom."
"I still don't understand. If you murder me..." He was interrupted
again by the intruder.
Exasperation in his voice, the man said, " Haven't you figured it out yet,
Jack? I'm surprised that an attorney with your deft ability to think on his
feet, hasn't figured this out."
"Enlighten me," Jack said sarcastically.
"Ok. You see, I AM going to shoot you. But you're going to shoot yourself.
Are things clearer now?"
They really weren't ... for a few seconds. Then it slowly dawned on the
attorney. " You can't be serious! No one will believe that!"
"You're boring me, McCoy. Of course EVERYONE will believe it. Everyone saw
the stress you were under in that courtroom today. You looked beat Jack.
Defeated and depressed. If you turn on that idiot box right now, I guarantee
you there're pictures of you, the distraught defendant, on at least 5 channels.
There's not a soul out there who won't believe that you killed yourself.
Suicide seems like a perfectly reasonable way out for a man in your position,
Jack. Don't you think?"
Jack's heart was pounding and sweat was running down the sides of his face.
"Suicide. No, this isn't right, please don’t..."
"And the beauty of it is , the deed will be done with your father's very
own gun. The one he carried all those years on the force in Chicago. I can see
the headlines now - Distraught Jack McCoy kills self with father's gun. -
You'll die a murderer AND a coward, Jack."
Jack McCoy stared at the evil man. He took another look at the blue box and saw
that the handwritten note that his father had written when he'd given Jack the
keepsake all those years ago, was still in the box.
The man saw Jack looking at the note and whispered, "A very touching note
from the old man, I must say." Then the man quoted from memory, "
Dear son, I know we've had our differences in the past and you'd always held it
against me that I didn't let you wear the blues. I know this can't make up for
that, but I want you to have this..."
Before the man could finish mocking the deceased McCoy, a furious Jack lunged
towards the man screaming, "Shut up, shut your damn mouth!"
The gun firmly in the man's right hand, Jack also grabbed it with his right
hand. The gun was encased between their bodies and the two men spun in a circle,
each trying to gain control of the weapon. The man shoved his left hand under
McCoy's jaw, slamming his head against the wall. Jack desperately grasped at
the man and raked his left hand across the man's coat, tearing a pocket. Two
quarters spilled out and a piece of paper fluttered harmlessly through the air,
coming to rest on the crowded bookshelf. The men pushed and grappled, both with
hands wrapped around the weapon.
As the two men stood chest to chest, there was a small muffled explosion,
followed by a deep groan. The pushing and shoving stopped and one of the men’s'
foreheads dropped onto the shoulder of the other man. After what seemed an
eternity, Jack McCoy took a step backwards and stared down at the gun. Then,
ever so slowly, he lowered his chin and looked down his chest to just above his
waist. It was with no small amount of disbelief that he watched a dark stain on
his gray T-shirt begin to widen. He blinked repeatedly as if to confirm what he
knew had happened.
The man held the gun tightly and watched with satisfaction as Jack's face was
contorted by a sense of disbelief and pain. He watched the attorney stagger
backwards, his left hand now clutching the wound. McCoy's knees gave way and he
fell on his back on top of the coffee table. Two magazines fell to the floor.
Time seemed to stand still for Jack. He was dazed to find himself in this
position. He'd prosecuted cases for 30 years now and never did he envision
himself on the receiving end of a bullet. But here he was and he felt his life
slowly leaking out of him.
The man watched as McCoy's breathing turned ragged. Left hand on the injury,
his right arm was at a 90-degree angle from his body. His hand was trembling
and his fingers twitched. He tried to focus on staying alive. But he saw a
shadowy figure approaching. The man leaned down slowly and whispered in the
attorney's ear, " A murderer and a coward."
With that, Jack's chest raised up in a last gasp effort to survive. Then it
fell and final air escaped. His left hand slid to the floor and his right hand
stopped trembling.
The man stared for a moment, then took the gun and carefully placed it in the
attorney's outstretched right hand, making sure the index finger was placed over
the trigger. Convinced he'd done everything properly, the man made a quick exit
out the back door, too excited to notice a flash of orange enter as he exited.
The man locked the door and hurried into the dark night, satisfied that his
deed was complete.
Jack McCoy was dead.
CHA CHING
December
30th
8:52 P.M.
He crept quietly through the kitchen and into the living room. His whiskers
twitched nervously as he sniffed the air for trouble. And he knew he smelled
trouble. He jumped effortlessly to the bookshelves that lined the wall and
climbed as high as he could to achieve an optimal vantage point. It was only
then that he spied the man.
The attorney was lifeless, his body splayed across the coffee table. The small
detective had seen his share of death and he knew it was what he was witnessing
now. But he also knew what he must do this terrible evening, even at certain
risk to himself.
Body tensing, with all his might, he leapt off the top shelf, his orange body
sailing through the air. He landed with grace and precision, his four paws
hitting the chest of the dead man. It took a moment, as he knew it might, until
the feline felt it. First it was one thump, and then another, and then another.
The man's heart had begun to beat again! But Roscocat knew his efforts would be
all for naught if human help did not arrive. And so he proceeded to screech as
loud as he could, hoping his voice could be heard above the din of the storm
outside.
" I can't believe how badly things went today," Billy McCoy was
shaking his umbrella in the outer hallway of Jack McCoy's apartment building.
"It was a nightmare, brother," Patrick said as he too tried to shake
himself dry. " I doubt there's much we can do to cheer him up, but this is
one time we should all be together."
As the men approached the door, they heard a loud noise, almost like a scream,
and the closer they got to their brother's door, the louder it got.
"What the hell is that?" Billy asked.
Patrick didn't answer but knocked on the door instead. He called out Jack's
name and still no answer, though the screaming began to get louder.
" C'mon Patrick, you've still got that key he gave you last time we
visited don't you?" Billy put an ear to the door.
Patrick pulled out a set of keys and began fumbling for the right one.
"C'mon, man, C'MON!" brother Billy demanded. Finally, the right key
was found and the door unlocked.
Both men charged through the door shoulder to shoulder. They only made it a few
feet into the room when they saw the source of the yelling. The cat sat on the
couch now and watched the two men closely. Roscocat leaned back against a
pillow, too tired to do more than watch. For he had given much this night, to
try to save the attorney. He'd given one of his 9 lives to Jack McCoy, and he'd
given it willingly. He knew that he had but 7 left, as he'd previously used one
to save Detective Mike Logan, after the man had been fatally injured during a
drug raid. Roscocat was indeed a cat among cats.
"No, no!" Patrick exclaimed as he saw the awful site. His older
brother was unmoving, and blood covered his lower torso.
At the sight of the blood, Billy McCoy, the Chicago cop, jumped into action
running from room to room searching for the person who'd obviously hurt his
brother. After a thorough check, he raced from the bedroom through the hall and
into the living area. He stood still, breathing hard as he watched the middle
brother tend to the older. Patrick McCoy had a hand on Jack's neck, then turned
his attention to the wound. Slowly he pulled up the bloody shirt and located
the hole in Jack's abdomen.
At last Billy found his voice. "Pat, is he dead?"
Patrick glanced at his frightened kid brother and said calmly, " No Billy,
we can hold off on those Last Rights for now. But I need towels and then you
need to call 911."
Billy completed both tasks and sat down on the couch, watching as Patrick tried
to stem Jack's blood loss. It took a few moments but Billy finally saw the gun
dangling from his brother's right hand. And he saw the blue lockbox and knew
that the gun was his father's. Slowly it all began to make sense to Billy.
He sputtered, "Patrick, did you see it?"
Without taking his eyes off the task at hand Patrick responded, "I saw
it."
"But that means that Jack ... that he..." his voice gave way.
"Yes, I think it does," Patrick said solemnly.
Billy studied Jack's face and gently squeezed his shoulder as he whispered,
"Awww Jack, why'd you do it?"
Scene: St. Francis Hospital
9:31 P.M.
It hadn't taken long for Jack's friends to gather at the hospital. And it
hadn't taken long for the media to catch wind that Jack McCoy had been brought
into the hospital with a serious injury. In an effort to break the news first,
Station 4 had put out the report that McCoy was dead, and not wanting to be
left behind, Stations 5, 14, and 23 had jumped on the bandwagon. Within a
matter of minutes the speculation had turned to suicide and that became the
catchword for every media outlet. All stations interrupted regular programming
and ran scrolls at the bottom of the screen proclaiming - Death by Suicide.
Even the weathermen were forced to put away their charts for the evening.
Adam Schiff was last to arrive. He found the group in a small room on the 3rd
floor, all looking dazed. Jamie saw him first and went to him and took his hand
in hers. "It's bad Adam. He was just taken from the ER to surgery, but it
could be a long night."
He wiped his brow with the back of his hand and asked," What
happened?" The others filled him in as best they could. Adam took a seat
next to Jamie and together with Jack's brothers, Lennie Briscoe and Roscocat,
they watched the clock.
After about 30 minutes, Lennie could stand the waiting no more. "I'm gonna
go check out Jack's apartment. Maybe I can find something." They all knew
that that was hopeless, but understood the Detective's need to do something.
The streets had become slick and dangerous, but Briscoe didn't care. He parked
his car and hid the orange ball of fluff safely under his coat as he carefully
made his way past nosy reporters and inside Jack's apartment. Roscocat jumped
from Lennie's arms as he began to take a look around.
Lennie had seen hundreds of crime scenes, yet seeing this place, seeing soaked
towels and bloodstains on the carpet made his stomach turn. Then he spotted a
familiar face from CSU.
"Darcy? What do you make of it?" Lennie asked the woman as she made a
few notes on a pad.
"Oh, hi Detective. Well, I think it's a textbook case of suicide."
She showed Briscoe the blue lockbox, the gun, as well as the note from McCoy's
father. Even the grizzled Detective had to admit that it was probably likely
that Jack tried to end his own life to avoid what was surely coming. And deep
in his heart, Lennie knew that he could understand the action. He wandered aimlessly
from room to room and walked slowly back into the living room. Suddenly he
heard a small noise and looked towards the bookshelf where Roscocat sat
perched, a piece of paper in his mouth.
"Whatdya have there?" Lennie removed the paper and read it, his eyes
opening wide.
Darcy passed behind Lennie and peered at the paper over his shoulder.
"What's that?" she asked.
Lennie grinned and turned the paper towards her so she could read it.
"This my dear Darcy, is the golden goose! And we have it thanks to him."
Lennie scratched under Roscocat's chin.
CHA CHING
Scene:
Magistrate's Club
December 30th
11:33 P.M.
Judge Joe Rivera took the elbow of Judge Grace Larkin as they climbed
the icy steps of the Club.
Rivera asked, " You get a mysterious call from Adam Schiff too?"
"Yes. There aren't many reasons I'd come out in this god forsaken
weather, but he managed to convince me," she replied to her colleague.
They were followed up the steps by a reporter for the New York Times.
They entered the foyer of the Club and found themselves in the company
of Adam Schiff, Jamie Ross, Lennie Briscoe and, of course, a small
cat.
"Adam, you mind filling us in?" Joe Rivera removed black gloves.
"And
sorry about McCoy. I know he was a friend." Grace Larkin nodded
her sympathy.
" Thank you, Your Honors. Thanks for coming here tonight, I know it's
an imposition. I asked you here because I wanted 2 fair and impartial
witnesses from the Bench to vouch for what's about to happen. And, by
the way, Jack's in surgery, he's not dead as those idiots on TV have
reported." Both Judges expressed appreciation at that bit of news.
"Uh, what about me, Mr. Schiff?" Carmen Jones asked. "My editor
told
me to get over here ASAP."
Adam turned to face the woman. " Yes, I want to you to also be a
witness this evening. I've read your work and I like what I see."
Lennie was practically bursting at the seams he was so excited about
what he was about to do. It was only his worry for Jack that kept him
from smiling from ear to ear. Still, he managed a bit of his renowned
wit. " Ms Jones ... YOU are about to get an exclusive on the biggest
story in this flea bitten town. I hope you appreciate the moment!"
It was then that a familiar man entered the foyer from inside the Club.
"Detective, everything is ready. You'll find him sitting alone at the
North end of the Club. I think he suspects nothing," Mr. Palm said. Then
with a sheepish grin the man asked, "Detective, would it be too much
trouble if I listened?"
Lennie looked at Schiff who merely shrugged. Lennie patted the white
haired man on the shoulder and said, " Mr. Palm, come with us." With
that, the group entered the main room of the famed Magistrate’s Club.
Rivera looked around and noticed that, save for two Judges, the place was empty
on this stormy night. He suddenly realized they were walking
towards one of the two Judges.
The man poured himself a Scotch as he watched the crowd approach. His
face revealed little and his demeanor wasn't threatening in the least.
But he was the first to speak.
"How'd you know?" He said with a calmness that sent a chill through
Jamie Ross.
"This," Briscoe threw a small piece of paper across the table at the
man. As he took a long drink, the man read the paper, shook his head, then sat
it gently on table.
" You know how many times I reminded myself to throw this away? It's
always the little things that trip people up, isn't it Grace?" He
smiled at Judge Larkin. She was still trying to figure out what was
going on.
Finally Adam nodded and Detective Leonard Briscoe spoke loudly and
firmly, "Judge William Wright. You’re under the arrest for the murders of
Judge Gary Feldman, Frederick Poalo, and the attempted murder of John McCoy.
You have the right..." he finished the rest.
"Attempted murder?" Wright's eyebrows raised.
"Afraid so Judge. Jack's still alive. He's in surgery now," Jamie
said icily as she watched Briscoe pull out handcuffs.
" Damn, I dunno if that sob has good luck or bad, " Wright shook his
head. As Lennie came around the table with cuffs, Wright said, "Look,
leave the cuffs off and I'll regale this distinguished group with the whole
story. Every last rotten detail." He stood up as Briscoe checked him for
weapons.
Joe Rivera spoke quietly, "Bill, I'd advise you to keep your mouth
shut."
" S'ok, Joe. It's all over anyway. I'm not putting myself through a
trial, I'm not about to walk the gauntlet of TV and newspaper
reporters the way McCoy did. I can't go through that. No, I want it to end
now."
They all looked at one another and Larkin shrugged and Schiff told
Briscoe to forgo the cuffs. There was no way that Wright was escaping anyway.
"Where to begin ...?" Wright drank some more Scotch and looked up at
the crowd. "Ok, first of all, you have to understand my relationship
with Gary Feldman. We didn't like each other. Never did. But Gary
and I formed an alliance when we both caught each other with, how shall
I put this, our hands in the cookie jar? I knew he could bust me and
vice-versa. So we put up with each other. Gary was such a pain in the
rear end." At this remark, Schiff grunted knowingly.
"Gary was the kind of guy who knew everything about everything, at
least HE thought so, and it drove me crazy. I'd say it's hot outside
and he'd go into a 30-minute explanation about global warming. You
know the type. A real know-it-all without any radar to tell him when to
shut-up. Anyway, what Gary wanted more than ANYTHING on this earth,
was to be DA of this county. He saw that as being his springboard to
bigger and better things. The man was not lacking for ego, I assure
you. So Feldman tells me his master plan for becoming DA and of course
it all hinges on beating YOU in the primary," Wright pointed to Adam, who
was now sitting in a chair around the table, along with the others. Somehow
they knew this wouldn't be a short version of events.
Wright continued, "So Gary's got grandiose plans about ousting you, when
what up and bites him on the fanny, but that drunk driving case
that McCoy and Ross prosecuted. Dressler, I think it was." Jamie
nodded as she remembered that difficult trial.
" Feldman thinks that case will put him on the front pages as Mr.
tough-on-crime, and it might have, had McCoy not screwed it up for
him. Gary HATED your man for that. Then damned if McCoy doesn't
up and ruin things for him AGAIN, right before the primary. The
Castillo case, remember?" They all do, it was a horrendous crime.
Wright took a sip of Scotch before continuing. "Then Schiff, YOU go and
defeat him in the primary, even after all the papers declare him the probable
winner right up to the day of voting. He was so angry, I thought he might climb
out on a ledge. So needless to say, Schiff and McCoy are on his enemy list,
which is not a very good place to be. But he was STILL plotting how to become
DA, when you up and announce your retirement, Schiff. He's busy telling me how
he's gonna call the Mayor AND the Governor and arrange a meeting, when lo and
behold, he picks up the TIMES one morning, and sees none other than Nora Lewin
standing with the Mayor, and he's announcing her interim appointment as DA. And
the paper makes it quite clear that YOU approved of Lewin." He nods to
Schiff. "So now Gary's as livid as I've ever seen him. And he's spitting
nails and having a real fit. And that's when this real mess began."
Carmen Jones is writing fast and furiously as she can't believe her
good fortune to have been chosen as the only reporter to hear this
confession.
Suddenly, Wright reached into his jacket pocket and Briscoe came to attention.
"It's ok Detective, I just want a cigarette." No one bothers to
complain. Wright lit his Marlboro and reached to put his lighter back in his
pocket. As he put the lighter in, he slipped a small bottle out of the pocket
and into his palm. So smooth was the motion that no one saw. Cigarette
dangling, he poured another Scotch and then deftly poured the content of the
hidden bottle into the drink. No one saw this neat maneuver either.
He begins to speak again, " So Gary decides that he's going to get back
at you, Schiff, and make it hurt. That's where your boy McCoy comes
in."
Jamie turned towards the aging man and saw that Adam's jaw muscles were
beginning to grind.
"So Gary Feldman, the guy who knows everything, tells me that he has a
plan to get even. Feldman decides he's gonna poison himself, just
enough to make himself sick, but not enough to kill himself," Wright says
as he watches for the reactions he knows are coming.
"What!?" Judge Grace Larkin can hardly believe her ears. The others
sit too dumfounded to speak.
"I know it sounds absurd, but then we're talking about Gary. So he
began to read everything he could about poisons. And he began
experimenting on rats and mice. And after about 6 months, he tells me
he's calculated the exact, and I mean PRECISE amount of poison that a
man of his weight can take and still survive." Mr. Palm and Judge
Rivera thought this so absurd they both began to chuckle under their breath.
"So how does Jack fit in? " Briscoe asks impatiently.
"Detective, here's the beauty of his plan. Feldman's going to take
just enough poison to all but kill himself, and then he's going to pin it all
on Jack McCoy. McCoy goes down for attempted murder of Feldman and he goes to a
maximum security jail." Now Wright stares hard into the eyes of a sickened
Adam Schiff. " Gary knew that prison would be hell on a prosecutor like
McCoy. If he survived, well let's just say if he survived certain ASPECTS of
prison life, he'd still probably find a knife in his gut at some point."
Jamie wanted to strangle someone and Wright seemed the obvious candidate.
"This is sick!" Jamie blurted out, anger and hurt in her voice.
"Yes, it is twisted I have to admit." He took another swig of
alcohol.
"So how did he know he could actually set Jack up?" The voice belongs
to Judge Rivera.
" Well, Feldman had to bide his time and wait for just the right moment.
And it presented itself when he found out Jack was going to try a case in his
court last November. He knew, with the history he and McCoy had, that it
wouldn't take much to get McCoy riled up so he could be accused of contempt.
Gary pushed McCoy's buttons when he threw out eyewitness testimony, and right
on cue McCoy starts flashing that Irish charm. So Gary hits him with contempt
and the game is on. See, while McCoy's in jail, Gary was easily able to sneak
into that room where the attorneys leave their coats. He stole that gray hat
and he planted a half empty vial of poison in the jacket pocket of McCoy's
coat. Gary told me it couldn't have been easier."
Judge Grace Larkin rubbed her temple in disbelief over what she was hearing.
Wright almost seemed amused by his situation as he picked up the story. "
Gary has this whole thing planned down to a T. While he's at Antoine’s, he
calls McCoy and tells him to meet him at the Club, tells him he wants to
civilly discuss what happened in court that morning. So McCoy buys it as Gary
figured he would. Now, I'm already at the Club when Gary arrives. And I watch
him very closely and I see him check his watch and slip the vial of poison out
of his pocket and into his Cognac. I saw him toss the vial into the fire too,
destroying the REAL evidence. Next, he starts drinking his Cognac and the
poison. As if on cue, McCoy comes in and he and Feldman get into it and I must
say Gary gave quite a performance. Then McCoy was dragged out and Feldman
finishes the rest of his drink."
Lennie Briscoe says sarcastically, "Yeah, and here's the part where you
come in."
Wright holds his glass up in the direction of the detective. "Quite right,
Detective. When Gary first told me his plan, I thought it was a joke. But then
I realized he was serious. And that's when I began my own little plan. I was
sick of listening to this know-it-all and I decided I could get rid of him and
never again have to listen to him pontificate AND I'd be rid of the blackmail
he had on me. Plus there was the added incentive of busting McCoy in the
process."
Adam actually began a movement towards Wright but Jamie put a hand on his arm
to calm him down.
"See, I'd managed to secure some poison from Feldman, convinced him I just
wanted to have fun killing a few rats on my own." Wright laughed at his
own joke. "I got the poison, but what I really needed was a way to get him
to take the stuff after he'd already taken his carefully measured non-fatal
dose."
"Frederick Poalo," Lennie smirked.
"Yes Detective, Frederick Poalo. I knew that Gary had cut him a deal on
his B&E, and was using him to run errands and such. And I knew he had used
him to sneak into McCoy's apartment to search for a trophy of some sort."
"A trophy?!" Grace Larkin exclaimed disgustedly, and thought she'd
just about heard it all now.
"Yes. He wanted to have a trophy, something that belonged to McCoy. A kind
of sick keepsake. So Frederick sneaks in and comes back with a blue lockbox
containing the service revolver which belonged to McCoy's old man. It was
perfect and Gary couldn't have been more thrilled."
Adam Schiff ran his hands down both sides of his face as if trying to erase
this nightmare.
Wright took a swallow of liquor and continued. " I contacted Frederick
Poalo and I told the young man that I knew what he'd done on behalf of Feldman,
and if he didn't want to get in trouble, he'd do a few errands for me
too."
"You double crossed Feldman!" Jamie snorted as Wright grinned.
"Sure did. So I made damn certain that Frederick's brother was working
here the night of the murder, and I gave Frederick my vial of poison and told
him when to have his brother sneak it into Feldman's drink ... and then I
watched as that stupid Madio kid served it. And it all worked like a charm. It
was Feldman's first drink that I'd given instructions to spike. And it's a good
thing, because that second drink ended up in McCoy's face. Anyway, unbeknownst
to Gary, he has now consumed a lethal amount of poison and he's about to become
a dead man. I watch him drink, I watch him have the public fight with McCoy and
I watch him follow McCoy out of the Club, not long afterwards. Gary had the
whole thing planned down to the second, and he planned to get sick where he
knew he'd be found in a reasonable amount of time, and no doubt someone would
call 911. He'd planned to drop McCoy's hat in the vicinity of where he'd become
ill. He figured, rightly as it turned out, that the police would find the cap
and put two and two together and, voila, Jack McCoy is arrested for attempted
murder. Of course Gary never got that far and with the extra dose of poison he
ended up collapsing and dieing in the Park. And I guess when he fell he dropped
the hat."
Joe Rivera shook a disbelieving head. "This is unbelievable."
" So why'd you kill Frederick Poalo?" Grace Larkin asked.
"Because he was the only one who could link me to the poison. I knew even
his brother Ricky didn't know who I was. But Frederick became expendable."
"And how'd you get so lucky as to be the Judge for Jack's trial?"
Jamie asked although she already knew the answer.
"Ms. Ross, really now..." Wright took another sip of Scotch.
"Ok, how'd you get the blue lockbox?" Lennie asked.
" Gary came into my office and told me that he'd planted the evidence in
McCoy's pocket and that the plan was in action. I waited until he left for
Antoine's and I snuck into his office and found it rather easily. I knew he'd
been hiding it in the bottom of his desk drawer. So, I helped myself to it
because "I" wanted it now. It hadn't occurred to me at that moment
that I'd actually be using the gun."
It was Adam Schiff who posed the next question. Very gravely he asked,
"Why'd you shoot Jack? His case wasn't going well anyway."
The coloring around Wright's mouth had begun to look odd. " As I told
McCoy before I shot him, I couldn't risk that Ms. Ross would pull a rabbit out
of a hat. I knew she was going to call Ricky Poalo to the witness stand and I
wasn't 100% certain he'd lie like the Madio kid. Besides, I knew everyone would
understand the despairing attorney at the end of his rope, taking his life with
his own father's gun. McCoy committing suicide made all sorts of sense. I just
can't believe he's still alive. I swear he was dead when I left him, I checked
his pulse and I just knew he'd bled to death."
"You SOB!" The voice belonged to Adam Schiff who had heard just about
all he could stand. "I've heard enough, I'm going back to the
hospital."
Schiff stood and shoved his chair aside, but turned towards Wright when the
Judge said, " Uh, Adam. I wouldn't go just yet. You'll miss the best
part." At that moment, Wright tossed the empty vial on the table and it
skittered across to Briscoe. Lennie stared at it and a look of disbelief
crossed his face.
"Oh, don't look to surprised Detective. I'm not going to prison. No, I
wouldn't last a day in prison. It's better all the way around to do it this
way," Wright smiled sickly.
Everyone got to their feet in a state of shock. Judge Larkin pulled out her
phone to call 911, but Wright held up a hand. "Don't bother Grace. It'll
be over soon."
Larkin looked at the others who were as speechless as she was.
It was Adam who broke the silence. "You really are a coward, aren't you
Wright?"
Wright grunted, "Funny Schiff, I told your boy, right before he took his
last breath, that HE'D be remembered as a coward."
" No Judge. He'll be remembered for his years of service to the DA's
office and loyalty to me!" Adam's eyes were on fire and the anger in his
voice was unmistakable.
Wright just grinned as he sank a little lower in his chair.
"Just one more thing Briscoe. Where'd you find this?" Wright pointed
to the white piece of paper.
Briscoe spoke solemnly, " Roscocat found it on McCoy's bookshelf. If he
hadn't, and Jack had died, you'd have walked away scot-free. And even if Jack
had lived, I doubt most would have believed his wild story about you trying to
kill him. They'd have thought he was desperate."
Judge Wright picked up his glass and lifted it towards the small cat, who was
perched between Briscoe and Ross. "Then here's to you Detective Roscocat!
You solved the Crime of The Century and brought down 2 corrupt Judges in the
process. They just might give you a ticker-tape parade down Broadway. Pity I
won't be here to see it." Wright's last living gesture was to down the
last drop of his poison laced Scotch. He slumped in his chair, and then he was
dead.
They all stood and stared, minds buzzing at what they'd just heard and seen the
last half hour. It was Mr. Palm who finally spoke with a hint of disgust,
"Well, the man was never a good tipper anyway." They all turned to
watch Mr. Palm slowly crossing the Club.
"Um, Detective, one thing puzzles me, " Joe Rivera said as he tried
to recover his bearings.
"Just ONE thing Judge?" Briscoe grinned.
"Yeah, well ... what's on that paper that's so special?"
Briscoe picked the white paper up and showed it to Judges Rivera and Larkin.
" First of all, it had his name printed on it, see, Judge William Wright.
And then there's this F.P. notation and a phone number. Call the number and
you'll reach the home of the now deceased Frederick Poalo. And see this
address? Well, that's the address of the docks where Wright killed
Frederick."
Larkin and Rivera looked at Briscoe, at Wright and then at each other in
disbelief. Neither knew what to say.
February 15th
One Hogan Place
The elevator doors opened and EADA Jack McCoy took a bold step off and into the
hallway. He started the walk towards his office, a certain sense of deja vu
floating over and around him. He slowed his walk as he looked around for fellow
office mates. The place was surprisingly empty save a few voices wafting
through the air.
Jack took a deep breath and threw the door to his office open. He was met by a
shower of yelps and laughter and backslaps. It seemed the whole floor was
jammed into his office to welcome him back ... to the place that was as much a
home to him as any. Jack graciously accepted being the man of the hour, but he
was relieved when the crowd began filtering out, leaving him alone with his
friends and family. His brothers had flown in for the big day, as had his
daughter who'd already spent much time at his side, while he recovered from his
injuries. Jamie was there, as was Lennie, and of course, Adam. Roscocat was
perched majestically on the top of Jack's desk, enjoying the celebration. Jack
thanked Jamie and Lennie profusely, and when he tried to thank the old man,
Jack saw tears in Adam's eyes. Finally Jack walked behind his desk and plopped
into his chair, throwing his long legs on the desk. He picked up Roscocat and
thanked him too, scratching the little feline's tummy. The cat purred happily
in return.
"Um, Jack? We have something for you. We all pitched in." Jamie
handed a wrapped package to Jack and he held it gingerly.
"Oh, I can't ... this is just too much. You all have done..." He
sputtered.
"Just open it, Jack," Adam harrumphed.
Roscocat helped Jack pull at the ribbon and soon the EADA lifted the top of the
box. They all watched in anticipation.
A wide grin crossed his face as Jack McCoy exclaimed, "Aw, you really
shouldn't have." With that he picked up the gift and slowly set the ugly
gray cap on his head!
THE MERCIFUL END !!!!!
AWOOOOOOOOOOO