by J K Franko
Travers:So, when I came to see you, did you or did you not think it was about Harlan?
Wise:I assumed it was, because that is the only thing we have in common. But I did not know that it was for a fact.
Travers:I’m guessing you know the rest of the story?
Wise:I’m not sure what you mean.
Travers:Shortly after I came to see you, his penis was found nailed to his father’s front door. The door of his house in Westlake Hills.
Wise:Yes. I saw some of that on the news.
Travers:Would you call that vandalism?
Wise:No.
Travers:Did you know about that when we met?
Wise:No.
Travers:Are you sure, Tom? Because I’m getting the feeling that there’s something you’re not telling me.
Wise:I’m sure, Art.
Travers:How did you feel about it? His penis being nailed to his father’s door?
Wise:Art. I...
Riviera:No, no, no. Hold on. Detective Travers, my client is here to answer questions about his whereabouts. About his alibi. That is what you asked for. That’s whyyou said you wanted this interview. I’ve been fair, overly really, letting your questions run far afield. But you are not going to start asking him about how he feels about the guy or what allegedly happened to him.
Tom, you only answer questions about facts. About where you were. That sort of thing. No questions about your thoughts, or how you feel... or felt. None of that.
Travers:Tom, I don’t think that’s fair. I just... I know how I would feel if it were my kid. I just... I mean, you punched the guy in public. I’massuming there was some satisfaction. Some feeling of just desserts?
Wise:Art. Ask me where I was. That’s what I’m here for.
Travers:Tom, no one will fault you if you’re happy about what happened to him.
Riviera:And, we’re done.
Travers:What?
Riviera:You’re totally out of bounds, Travers. Totally.
(A discussion was had off the record.)
Travers:You live kind of close to the senator’s house, don’t you?
Wise:I...
Riviera:Hold on. Hold on. Do we have the senator’s address? Have you shared that with us, Art?
Travers:He lives in Westlake.
Wise:I was going to say. I think on the news they said Westlake. We live in Tarrytown. So, we’re not neighbors, but... so...
Travers:Yes?
Wise:That’s all.
Travers:So, you do live close?
Wise:I don’t know where the house is if that’s what you’re trying to get at.
Travers:Tom, I’ve been able to verify your whereabouts from your dentist, and others. Around May 2. Did you have anything to do with the death of Joe Harlan Jr.?
Wise:No.
Travers:Do you know who did? Do you know who killed him?
Wise:No.
Travers:Where were you May 10th?
Wise:What? The tenth?
Riviera:Detective, I thought Harlan disappeared the second?
Travers:Do you recall, Tom? May 10th?
Wise:I... I think... Here, in Austin, I think...
Travers:Did you have any meetings? Anything I can check on?
Wise:I can check my calendar...
Riviera:Hang on a minute...I thought...
Travers:I am asking Mr. Wise about his whereabouts. We agreed that was fair game.
(Discussion was had off the record)
Wise:According to my calendar, I was in Austin May 10th. Regular workday. Had some meetings.
Travers:What was your first meeting of the day?
Wise:Let’s see. I had to view a property with some clients. Downtown Austin. Around 10:00 a.m.
Travers:Nothing before that?
Wise:Nope.
Travers:So, how did you spend that morning? Before the meeting. Do you recall?
Wise:Could we take a break?
Travers:Sure, but first, if you could answer...
Riviera:Let’s go off the record.
Travers:No. Wait. I want him to answer...
Riviera:We’re taking a break. Restroom, Art. Five minutes.
(Off the record at 10:54 a.m.)
(On the record at 11:07 a.m.)
Travers:Can you answer my question now, Mr. Wise?
Wise:Could you repeat the question?
Travers:How did you spend the morning of May 10th?
Wise:Like most mornings. I got up, got ready for work, went into the office.
Travers:Did you at any time on the morning of May 10 go by or near the house of Senator Joe Harlan?
Wise:Can you define “by or near” please?
Travers:I thought you said you didn’t know where he lives?
Wise:I... I don’t... I mean... I know it’s Westlake. But when you say “by or near,” I don’t...
Travers:Go on, Tom. Why’d you stop? You “don’t...” what?
Wise:What I was trying to say is that I don’t know how to answer if I was “by or near” because I don’t know wherethe house is. If you consider driving through Westlake on my way to work, which I do every day, as “by or near” then the answer might be yes, but I just don’t know.
Travers:Then why didn’t you just say “I don’t know”?
Wise:I guess I should have.
Travers:Tom, look. I know that you have been through a lot. Your family has been through a lot. I get it. Hell, the jury got it, didn’t they? When you got tried for punching Harlan, they let you off easy because we all get it. No one would blame you.
Level with me, Tom. I know you know something. What is it? Do you know who killed him? Who nailed the penis to the door? I can see in your eyes that you know. Tell me, Tom.
Riviera:Detective, way too many questions in there. Could you pick one, please?
Travers:Will you tell me what you know, Tom?
Riviera:Are you alright, Tom?
Wise:(nods)
Riviera:Should we take a break?
Wise:No. I’m fine. There is nothing to tell, Detective. If I knew anything, I would tell you. But I don’t.
Riviera:You’re not saying anything Detective. Do you want to take a break?
Travers:No. No. Just disappointed. I expected more from you, Tom.
Riviera:You are totally out of line, Detective.
Travers:A kid is dead, Harold. I’m trying to get to the bottom of it and your guy is lying to me. It’s plain as day. You can see it too.
Riviera:We’re going to take a break so you can collect yourself, Detective.
Travers:I don’t need a break. Tom, do you know who Marty McCall is?
Wise:No. Wait – was he one of Harlan’s roommates? I think I read about a lawsuit or something. Is that him?
Travers:Have you ever spoken to Marty McCall?
Wise:No.
Travers:Have you communicated with Marty McCall in any way?
Wise:No.
Travers:David Kim?
Wise:No.
Travers:Roy Cruise?
Wise:I... yes.
Travers:How do you know Roy Cruise?
Wise:I don’t.
Travers:I don’t understand.
Wise:I know who he is. I think I do. I think he’s an alum – a Texas alum – runs a venture capital firm... something like that. There was an article in The Alcalde. The UT alumni magazine. Is that the guy? That’s the name, I think.
Travers:You have a good memory. When did you see this article?
Wise:I don’t know. Six months ago? A year?
Travers:That’s a long time to remember a name from an article.
Wise:Is that a question?
Travers:Why did the name stand out? Why do you remember him?
Wise:Just his story. Transitioning from law to business. It was interesting.
Travers:Have you ever spoken to Mr. Cruise?
Wise:No.
Travers:But wait. I just asked if you had ever communicated with him, and you said yes. Which is it?
Wise:Oh. Communicated? No. I thought you asked if I knew him. Or knew of him.
Travers:Okay. Are you sure? Never spoken to him?
Wise:Pretty sure.
Travers:Why just pretty sure?
Wise:I talk to a lot of people. We’re always looking for investors. I also go to a lot of alumnievents. Is it possible I’ve spoken with him? Yes. But I have no recollection of having spoken to him, or of ever meeting him. I remember the name from the magazine.
Travers:Have you made any large cash withdrawals from your bank account lately?
Wise:I don’t...
Riviera:Whoa. Detective. What does that have to do with where Mr. Wise was... with his alibi?
Travers:It’s a simple question. Have you...
Riviera:That has nothing to do with my client’s alibi.
Travers:It has to do with opportunity, and that’s a part of alibi.
Riviera:Opportunity? That’s BS Travers, and you know it. Do you have any other questions about Mr. Wise’s whereabouts?
Travers:I think that asking whether he or Mrs. Wise have moved any large sums of money is perfectly...
Riviera:Do you have any more questions about his whereabouts, or just the bank accounts? From where I sit, it looks like you’re at the end of your notes.
Travers:The money is the last topic. If you’ll just let me...
Riviera:No. Art. No. This is bullshit. We agreed alibi. Only alibi. If you’ve got evidence of something, probable cause, get a warrant. Get a judge to give you a warrant. But you’re not... man, my guy’s here trying to cooperate, and you’re taking advantage. You’re on a fishing expedition now. It’s not going to happen. Do you have a warrant? Do you?
Travers:I’m just trying to...
Riviera:Is my client free to go, or do you have a warrant?
Travers:There is no warrant.
Riviera:Then this interview is over.
(Off the record at 11:36 a.m.)
CHAPTER FORTY EIGHT
The incoming number on Eddie’s mobile phone looked familiar, but he couldn’t place it. Eddie was horrible about managing his contacts. Technology...
“Go for Eddie.”
“Hello, Detective Garza. Veronica Rios here.”
After the usual pleasantries, Veronica asked, “So, a little bird tells me that you’re rattling Roy Cruise’s cage again? Interviewing him in connection with another murder?”
“I don’t know where you get your information, Ms. Rios, but I cannot comment on an ongoing investigation.” Eddie sounded stilted, formal.
“Come on, Eddie, off the record?”
“I’m sorry, Veronica. I’d love to help you, but I can’t,” he responded, more casually—friendly.
The telephone conversation ended shortly after. Veronica was disappointed. Then, she wondered if Liz Bareto might know something about the new case.
* * *
Both Roy and David were wanted for questioning. Their lawyer, Mark Moran, had spoken to Detective Garza—a courtesy call. Garza said that neither was a suspect, but Moran wasn’t buying it. The police clearly didn’t have enough for a warrant or an arrest or they would have done that. But this was more than just an alibi check.
Moran sat Roy and David down and talked them through everything having to do with Harlan in detail. From what David and Roy told him, he understood the following.
David initially met with Procurex about a possible investment. Roy heard about TrueData and included drinks with Marty McCall on his trip up to Seattle. Given the pending lawsuit, Roy and David thought that if they brought Harlan on board, they could buy into TrueData on the cheap, then make the lawsuit go away and use Harlan’s contacts to help grow TrueData, making a killing (money-wise) based on their low cost of acquisition.
David arranged for Harlan to come to Miami on the pretext of discussing a consulting position. They arranged for Harlan’s flight, but he never showed up for the meeting.
David shared with both Roy and Moran the details of his interview with Garza. The only two areas of interest were the odd text message from Harlan about dinner and Garza’s “Percy scenario.”
Moran explained the rules of the game to Roy. He’d been through this before a couple of times for depositions in civil lawsuits, and once when he and Susie had been questioned by Garza about Bareto’s death. The Bareto interviews had been very short, as both Susie and Roy had been out of state. Roy hoped that this interview would be just as short.
Moran cautioned against that expectation, however, as in this case Garza had already showed his hand by laying out a theory of the case, albeit a weak one, that included Roy.
David summarized for them what he remembered of Garza’s scenario from his first meeting with the detective.
“Someone sets up dinner with Harlan. Then I back out and tell Harlan. Harlan goes ahead to have dinner with Mr. X—who I assume Garza was suggesting is Roy. Then Harlan writes to me, saying, ‘Sorry you can’t make it, David. See you tomorrow.’ Then, Roy meets up with Harlan, kills him, et cetera.”
“But I was in another country,” Roy said. “The guy’s nuts.”
“He’s fishing,” Moran corrected. “It’s typical. They have no evidence, so they’re hoping you were somehow involved and that they can scare you—shake something loose.”
Regardless, the rules of the game were simple.
Answer the question that you are asked.
Do not volunteer any information.
You can’t be charged with a crime based on something you don’t say. But lots of people get into hot water by opening their big fat mouths.
Less is more.
The interviews were scheduled for June 29th at Moran’s office. Moran planned to bring in a court reporter to take a record of the interviews so that there would be no question later as to who said what.
As part of the preparation for the interviews, Moran asked Roy for copies of all documentation related to their Bimini trip. Roy brought in their immigration and customs paper copies. He also made copies of their passports, each stamped with their Bimini arrival date. Roy also brought credit card statements showing charges in Bimini, and made a copy of their slip receipt from Resort World Bimini—which showed charges for electrical and water hookups, as well as for their slip, from April 28th to May 5th. Roy mentioned that they’d been to the casino and were likely on security video, but Moran indicated that there was no point in going after that kind of information… yet.
* * *
The day of the interview, Roy and David walked over to Moran’s office an hour before the scheduled start time for the interviews. David would be interviewed first, then Roy. There had been an argument between Moran and the detectives, as Garza wanted to interview Roy and David separately. Moran had already told the detective that that wasn’t going to happen. In the end, they settled on allowing each to be present at the other’s interview.
Roy and David met with Moran in a small conference room down the hall from where the interviews were to take place. Both Roy and David were asked to review the documents they had given Moran to refresh their memories.
At the agreed time, the three headed down the hall to the main conference room. Already present were a court reporter, seated at the head of the table, and on the side of the table facing the windows were Detectives Garza, Travers, and Pérez.
Roy later mentioned to me that he had noticed something odd between David and Detective Pérez. He couldn’t quite put a finger on it
at the time but he did figure it out later.
Interview of David Kim
06.29.18
Present:
Art Travers
Edward Garza
Rosa Pérez
Roy Cruise
Attorney Mark Moran
David Kim
(On the record. 10:12 a.m.)
Travers:Please state your full name.
Kim:David Kim.
Travers:No middle name?
Kim:No.
Travers:Your address?
Kim:Home or office?
Travers:Both.
Moran:Excuse me, sir. If you need to contact either Mr. Kim or Mr. Cruise, you have my number. Any othercontact information is irrelevant. Please, move on.
Travers:I’m just trying to confirm what I have.
Moran:Then show them. Just show him.
(Mr. Travers passes a paper to Mr. Kim.)
Kim:Those are correct.
Travers:Where are you from, Mr. Kim?
Kim:I was born...
Moran:No. No. No. We are not going down that path. We are not doing a Genesis to present examination here. We are here as a courtesy to provide you with information regarding the unfortunate disappearance of Joe Harlan Jr. That’s all we’ll be discussing today.
(A discussion was had off the record.)
Travers:Mr. Kim, you are aware that we are here investigating the disappearance and likely death of Joe Harlan Jr., correct?
Kim:Yes.
Travers:When did you first meet Joe Harlan Jr.?
Kim:I’ve only spoken to him by phone.
Travers:Okay. When did you first speak to him?
Kim:That would have been on April 13th.
Travers:Was that a...
Kim:My calendar shows Friday.
Garza:Friday the thirteenth? How appropriate.