The Grey Zone

by Easton, Don

“Currently super computers are programmed to listen for certain words … like, perhaps the code name of a terrorist. Anyone mentioning the name would be of interest, but there’s no way of knowing who they are without a computer monitoring calls. If legal documentation were required against the person in the first place, it’d be impossible, because no one would know who they were.”

  “Catch-22.”

  “Exactly, but that’s someone else’s headache,” Mason replied.

  “Providing it’s not us or our loved ones who get gassed or blown up,” Jack said.

  “I know, so I’m caught between a rock and a hard place. Nobody can know who the source is, but if something isn’t done, more of our UC operators could be hurt or murdered. How do you explain that to the brass or to other investigators without burning the source? They’ll demand to know who it is.”

  “I work with informants involved in organized crime,” Jack said. “I often get information that can’t be used in court, but sometimes there’re other ways to handle the problem effectively.”

  “I gathered that from what Connie had to say to you last Friday.”

  “I’d go to jail, if need be, rather than disclose who my informants are.”

  “Yeah, I kind of had that feeling about you,” Mason replied.

  “You’re sure it can’t be used to get a search warrant, then have the grounds sealed so nobody would know?” Jack asked.

  “No, because people would know. Court clerks, judges, prosecutors … eventually someone would blab.” Mason paused. “CSE knows word will get out someday. Some horrific crime will be stopped or evidence used which will spill the beans, but in the meantime, they’re trying to stall that day for as long as they can.”

  “I understand,” Jack replied.

  “It sure as hell is frustrating. From one cop to another, this guy has to be stopped. The problem is how.”

  “Who is he?”

  “His name is Miguel Hernández, and his address is in North Vancouver. My guess is that he works in the courthouse. Three days before Greg was attacked, Derek Powers sent him a photo of Greg outside a Starbucks. The next day Hernández sent Derek an old picture of Greg with a text saying he positively identified him as Constable Gregory Dalton from Toronto. Before that it was the same scenario with Barry Short.”

  “The bastard’s probably using computer facial recognition to match up the photos.”

  “Sure … and sell them to bad guys. In both the photos Hernández sent Powers, Greg and Barry were wearing suits and ties. Greg was also clean-shaven, and it looks like he was in a courthouse. The last time Greg was cleanshaven was two years ago, before his wedding. The picture had to have been taken when he was out your way for court. I suspect Hernández has been taking pictures of all the UC operators when they testify.”

  “You’re right, he needs to be stopped,” Jack said tensely. “Has he been sending photos to other people?”

  “Don’t know,” Mason replied. “Only Powers’s phones were covered with a wiretap order. Hernández’s phone can’t be looked into, not even by CSE.” Mason paused. “Sure would be nice if Hernández got run over by a bus.”

  “It wouldn’t totally solve things. There could be photos of UC operators scattered out to who knows how many criminals,” Jack noted. “If Hernández works in the courthouse, he’s in the perfect spot to meet criminals and UC operators alike. Not only does he need to be stopped, someone needs to conduct an investigation into how many operators could be in jeopardy.”

  “Which is why I was thinking you could say you had an informant who told you about him. The thing is, to get the investigation going, you’d have to swear your informant was reliable. How could you do that without burning CSE? The investigators, the brass, everyone would be out for Hernández’s blood. They’d demand to know who the informant was. If you refused to tell them, you’d be charged with insubordination and bumped back to constable, with only a dogsled for transportation.”

  “We have to do something, though,” Jack stated. “Lives are at risk.”

  “I want to grab Hernández by the throat so badly I’m shaking.”

  “His day will come, I promise,” Jack said coldly. “I’ve got a suggestion, but I’d need to talk to our assistant commissioner and clue her in.”

  “The brass? No way! They’re only interested in protecting their own asses. Can you imagine the shit that’d be raised in Ottawa if they found out a lowly constable like me got info from CSE that even they aren’t privy to?”

  “I feel much the same way as you about a lot of the white shirts, but she’s backed me before with informants. Even she calls it the big picture. I think she’d go along with it, and she’s in a position to shut down anyone from doing anything without my permission. Which in reality would be your permission.”

  Mason paused. “I don’t know … I don’t like it.”

  “I’m sure all the western intelligence agencies, such as the Five Eyes, know about this. I could tell her it came through them.”

  “The Five Eyes?”

  “It’s an alliance between western intelligence agencies from the United States, Canada, the United Kingdom, Australia, and New Zealand. Rumour is they spy on each other’s citizens, then share the information in order to circumvent some of the legal restrictions imposed by the intelligence agencies’ own countries.”

  “That’s interesting,” Mason noted.

  “What if I indicate to the assistant commissioner that I received the information through someone with a contact in the Five Eyes? It wouldn’t quite be a lie, and it would make her presume that the information came from one of the other countries. Even if our brass in Ottawa did hear about it, they’d be afraid to say much for fear of disclosing something that could cause a political backlash from our allies.”

  “So even if she did go to Ottawa, there wouldn’t be an uproar over the fact that the information came from one of our own organizations.”

  “Right, but I don’t believe she would tell them, in any case. She’s impressed me so far as being able to think for herself without worrying about what Ottawa would say.”

  Mason was quiet for a moment, presumably mulling it over. “Okay, you’ve convinced me, but what about MCU and I-HIT?”

  “The assistant commissioner has the power to stop them from using the information in any other way than how we want. They’d never go against her.”

  “No, but they’d sure be pissed off. They might assume it was the same informant who told you about Powers in the first place and be curious as hell why they couldn’t use the info this time.”

  “I’d throw a spin on that, too. I’d insinuate that it’s a different informant. Maybe indicate that Hernández is only the tip of the iceberg and that my investigation involves a court clerk, a couple of lawyers, and some judges.”

  Mason chuckled. “They’d be afraid to apply for a search warrant or a wiretap on Hernández because they wouldn’t be able to trust anyone. It would drive them nuts.”

  “Exactly. I’d like to let Laura know what’s going on. I might need her help, and I trust her completely. When it comes to my boss, Rose, I’d give her the same story as the assistant commissioner.”

  “I’ll trust your judgment on who you need to tell what.” Mason’s tone brightened. “I’m glad I called you. Steps will be taken to ensure that any UC operators who have testified when Hernández was around are not working, plus no heat will come back on my source or CSE.”

  “Also, not arresting or hassling Hernández means that Derek Powers won’t get paranoid before we identify the rest of the kidnappers.”

  “And then what? How do we deal with Hernández afterward? Are you thinking that he’ll presume it was Derek Powers who ratted him out?”

  “Without the evidence from your source, there might not be grounds to charge him with anything. Also, Powers himself would know that he didn’t rat out Hernández, so that might get him to thinking about his phone. I’ve got an idea, but I’ll need your help.”
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  “Anything. You name it, I’ll do it,” Mason replied gravely.

  “Do you plan on coming back out to B.C.?” Jack asked.

  “Yes, I want to be there when Greg comes out of his coma.”

  “Then I’ll tell you my plan when we’re face to face.”

  CHAPTER THIRTY-SEVEN

  One hour after his talk with Mason, Jack and Laura sat in the back of a surveillance van in an alley behind Miguel Hernández’s apartment. They’d already identified his car as an older-model white Toyota Corolla.

  “Not what you’d call a high roller,” Jack noted. “Shoddy apartment complex and a car so dirty and dinged up it looks like he drives by Braille.”

  “Looks like a car driven by a drunk,” Laura agreed. “I’d like to cram him in it and use it as a crab trap at the bottom of the ocean.”

  “Would be better to cut him up and put him in a real crab trap instead,” Jack noted.

  Laura cast him a sideways glance. “You know I didn’t really mean it, right?”

  Jack made a face. “Yeah, I know. Don’t ruin my fantasy.” He gestured at a large, beefy-faced man in uniform ambling toward the Toyota. “Grab the camera.”

  “B.C. Sheriff ’s Services,” Laura noted.

  * * *

  They returned to their office at 8:45 a.m.

  “Hey, you two,” Alicia chided, looking at her watch. “Are you taking your annual leave fifteen minutes at a time?”

  Laura held up her camera. “Nope, actually Jack and I started work two hours early.”

  Jack caught the downcast look on Alicia’s face. “The only reason you weren’t invited is because there wasn’t time. I received some info about a guy early this morning and wanted some surveillance shots of him before he went to work. You wouldn’t have made it in time from where you live out in Langley.”

  Alicia seemed to be appeased. “Who were you looking at? One of Satans Wrath?”

  “No, I’d rather not explain twice — come with us while I tell Rose what I’ve learned.”

  The meeting was brief. Jack gave the story that a source of his in an intelligence agency with the Five Eyes was able to decode cellphone calls and had identified Hernández as the leak, but the information could not be used in any judicial capacity and was ultra secret.

  “So now we know but can’t do anything about it?” Rose stated.

  “Can’t do anything about who the leak is, but we can take steps to protect the UC operators and find out which ones have been in the courthouse where he works.”

  “But what about Barry and Greg?” Alicia cried.

  “What about them?” Jack asked.

  “You can’t let Hernández get away with it!”

  “Welcome to the big picture,” Jack said. “For now, that’s all we can do.”

  “Maybe down the road, once word gets out that the encryption can be deciphered, we’ll be able to use the info,” Rose suggested.

  “That could be a couple of years,” Alicia said.

  “Even if he were charged,” Jack said, “what do you think he’d receive if convicted? A fine? Probation? He’d swear that he didn’t think anyone would get hurt, that he’d been told the UC operator would only be shunned or avoided.”

  “Defence would argue that losing his job was punishment enough,” Laura agreed.

  Alicia stared, open-mouthed, then blurted, “You’re right, aren’t you? God, that pisses me off!” Her face was red. “Doesn’t it bother you guys? How can you be so nonchalant?”

  “You just have to believe in karma,” Jack said. Come on, Rose, don’t give me the stink eye.

  “I’d better make an appointment for you and me to see Lexton,” Rose said. “No talk of karma when we do,” she warned.

  * * *

  Lexton sat stone-faced behind her desk as Jack repeated the information he’d just given Rose.

  “You said he’s with the B.C. Sheriff ’s Services,” Lexton noted. “Do you know for how long?”

  “Not yet,” Jack replied. “I’d like to investigate further, but I’m concerned about the ramifications.”

  “Ramifications?” Lexton asked.

  “The source needs to be protected. Considering how significant the revelation that that cellphone encryption can be decoded is, Ottawa, if they learn of it, will take a keen interest and perhaps demand to know who the source is.”

  “I take it your source is concerned that word would then get out and jeopardize international investigations?”

  “Exactly. If Ottawa demands to know, I’m willing to say my source is connected to the Five Eyes, but that’s all.”

  Lexton gave Jack a hard look. “Did you pick the Five Eyes because you thought Ottawa would be afraid to delve into things for fear of rocking the boat?”

  Damn, she’s sharp. “The thought had crossed my mind. But it happens to be true that the source is connected with the Five Eyes.”

  “As are the Canadian Security Intelligence Service and the Communications Security Establishment,” Lexton noted, “but if it was one of those agencies that passed on the information, Ottawa might raise a stink … which could potentially jeopardize things.”

  Okay … she’s on to me.

  Lexton bit her lower lip as she thought things over. Then she focused on Jack. “I don’t see any reason for Ottawa to be informed. Yes, your source would be of interest to a lot of people, but I understand the bigger picture. No need to stir up a hornet’s nest if you don’t have to. Especially if it would endanger the source … and potentially a whole lot more people.”

  Yes, she gets it! “Thank you,” Jack replied.

  “MCU and I-HIT may not understand,” Rose noted.

  “It’s not like I’ll give them a choice,” Lexton replied. “I’ll order them to keep their hands off of Hernández. He’ll be yours to investigate, not theirs. If his name does come up somewhere else in their investigation, I’ll tell them they need to talk to you before taking any action.”

  “Thank you again,” Jack said. “Considering the seriousness of what I’ve been told and the need to protect how the leak was discovered, it would be nice to put a stop to any theories the investigators may have that could conceivably hit upon the truth.”

  “And thus risk exposing the technology,” Lexton said. “Yes, that’d be a concern. Do you have a solution?”

  “I’d suggest there’s a more important investigation taking place and indicate that it involves others at the courthouse besides Hernández.” He studied Lexton’s face for a reaction. Is that the hint of a smile?

  “Seems like a reasonable suggestion,” Lexton replied. “Let’s convene a meeting this afternoon with MCU and I-HIT.”

  * * *

  Jack looked around the boardroom. MCU was represented by Cummins and Hawkins, while Dyck and Connie represented I-HIT. Also in attendance were Lexton, Rose, Laura, and Alicia.

  Jack gave his story of having received confidential information positively identifying Miguel Hernández as the leak. He went on to say that Hernández was only the tip of the iceberg and that an investigation was underway which precluded anyone interviewing Hernández or applying for wiretaps or search warrants.

  “You mean there’re others in the courthouse?” Crimmins exclaimed.

  “The investigation is on a need-to-know basis, but let me say that Hernández is a small fish compared to the real targets. Hernández is — how should I say this — associated with a couple of judges, several lawyers, and some court clerks.” I mean, he’s probably been seen around the courthouse by them.

  “Jesus,” Hawkins muttered.

  “Wait a minute,” Crimmins said harshly. “Are you telling us you’ve identified the culprit, but we’re not allowed to investigate or arrest him?”

  “That’s exactly what Sergeant Taggart is saying,” Lexton said. “As heinous as the crimes committed against Constables Short and Dalton were, they pale in comparison with what else is happening.”

  “The big picture,” Connie said, scowling.r />
  “Investigation into Hernández will be handled by the Intelligence Unit,” Lexton stated firmly. “Nobody is to take any action in regards to him without their permission.”

  “So where does this leave us?” Dyck asked. “We’re fairly certain that whoever murdered Leo Ratcliffe was also responsible for beating Constable Dalton with a bat and leaving him for dead.”

  “Your investigation into the Ratcliffe murder can continue as before,” Lexton said. “Hernández was complicit in identifying Constable Dalton, but in reality he may only have passed on his name to Derek Powers. You need to find out who Powers collaborated with to do the actual attack.”

  “Powers is our only lead to the other kidnappers,” Hawkins stated. “We haven’t been able to come up with any evidence other than CCTV footage of him standing behind Chung in a crowd of people once. The undercover operation was our best shot at solving it.”

  “Let’s talk about undercover operations,” Lexton said. “Could Hernández be taking photos of all officers because some may become UC operators later … or is he only taking photos of the UC operators?” She looked at their faces. “We don’t know, do we?”

  No, we sure as hell don’t.

  “Other than Powers, we really don’t know who we’re dealing with,” Lexton stated. “Perhaps it’s an organized crime ring operating on a national level. If so, they may be taking photos in courthouses right across Canada. Computerized facial recognition opens up whole new problems. We’ve had two UC operators seriously harmed in less than three weeks. I don’t want it to happen again.”

  “I trust that current undercover operators will be warned?” Dyck asked.

  “I’ve already contacted the undercover coordinator in that regard to have him alert his counterparts across Canada,” Jack replied. “They’re checking with all the UC operators to see who could be in jeopardy.”

  “Didn’t that jeopardize your informant?” Dyck questioned.

  “I said that I received information that an unidentified woman in the courthouse was passing on information to Satans Wrath. Hopefully the UC coordinators and operators will keep a lid on it, but if word does get back to Hernández, he’ll think it’s in relation to someone else.”