by Joe Conlan
When the gallery was sufficiently settled, Judge Jackson had the jury brought back in. He turned to Norman Dallas, who announced he had no further questions.
Closing arguments were heard the day after Daniel’s testimony. The prosecutor took the entire morning and one hour of the afternoon to complete his presentation. It unsettled Daniel to see how attentive the jurors were throughout. Even more worrisome were the emotions Dallas evoked. He used his command of the English language to tug at the sensibility of every human being in the courtroom. The twelve jurors and three alternates wept for the last half hour of his argument as he described in detail the wasteful loss of life and the reality of two young boys who would be deprived the love of their mother at the hands of the man who sired them.
By the time Alan Shipman rose to speak, there wasn’t a person in the courtroom, including Daniel who didn’t think the case was already decided. Clifton Harris, sitting in the front row reserved for the media, was already formulating ideas for headlines for the next morning’s paper. Shipman did an admirable job hitting the points hard that he felt could raise a reasonable doubt in the juror’s minds. His professionalism didn’t allow him to do anything but zealously defend his client, though even he lost a great deal of hope after Daniel’s outburst. He felt their only chance was if Daniel had an impeccable performance on the stand and that didn’t happen.
It took the jury a total of three hours to reach a verdict in a case that took several weeks to try. As the jurors marched back into the courtroom, there was a somber look on each and every one of their faces. Daniel looked imploringly for some positive sign. Not a single juror took a glimpse his way. It was an attitude with which Alan Shipman was not too familiar. In most cases of acquittal, at least two or three of the jurors will smile and look in the defendant’s direction. At times they would even give them a nod of approval. There would be no such gestures on this day.
Daniel was mostly resigned to hearing a guilty verdict though he still held a small glimmer of hope. He always wanted to be a part of the American justice system as its defender and protector. Before this trial, he had the utmost respect for it. In his heart of hearts, he believed in the adage that the truth would prevail. After the judge had the opportunity to review the written verdict form and determine its legality, he instructed Daniel to stand and face the jury while the Clerk of the Court read the verdict. The only experience of terror he could compare to that instant was the moment he learned of the murder of Deborah and her parents. His knees were shaking so badly he was concerned when he stood up his state of mind would be apparent to the entire world watching.
Holding the shoulder of his defense attorney as support, he managed to stand. When he turned toward the jury, again not one member met his gaze. The clerk began to read the verdict.
“In the United States Court for the Southern District of Florida, Miami, Florida, in the case of the United States versus Daniel Falcone, Judge Clarence Jackson presiding, Case number 09-971, as to Count 1 of the Indictment, We, the Jury find the defendant Guilty of Murder in the First Degree of Katherine Tyler. As to Count 2, We, the Jury find the defendant Guilty of Murder in the First Degree of John “Jack” Tyler. As to Count 3, We, the Jury find the defendant Guilty of Murder in the First Degree of Deborah Falcone.”
Daniel collapsed into his seat. He covered his face with his large hands and shook his head in disbelief. Despite his expectation of the guilty verdict, hearing the words pronounced in open court overwhelmed him. He didn’t comprehend a word as the Judge silenced the courtroom then thanked the Jury for their service and advised them the sentencing phase of the trial would begin the following week. It didn’t require the opinion of a trial pundit to predict Daniel’s punishment. It was a foregone conclusion. Dallas had made it clear from the outset he would be seeking the death penalty. Based on the heinous circumstances of the murders, the judge and jury would have no choice but to side with the prosecution. Daniel couldn’t even think about looking into the faces of his family and Annie knowing they would be devastated. The jury was dismissed for the week and Daniel, still in a fog of incredulity, was led out of the courtroom.
Chapter 23
An atypical dreary, wet January transposed into a beautiful South Florida winter in the first weeks of February. The sun shone bright in a cloudless, deep, cerulean sky. Tourists taking their early morning walk along Ft. Lauderdale Beach were greeted by the uplifting song of the Florida palm warbler. Pelicans dove elegantly into the Atlantic Ocean in the hunt for their first meal of the day. Sea gulls glided high overhead waiting for a scrap left behind by either the tourists or a clumsy pelican. Annie looked out at the scene that normally gave her an injection of cheer to start the day. That morning, it would take a lot more than a peek out her bedroom window to drag her out of a case of the profound doldrums. Since Daniel’s conviction and death sentence, she felt as though all of her life spirit was thrashed out of her. Not only did she feel directly responsible for the horrific slayings of three innocent people, she might as well inject the lethal chemicals into Daniel’s veins by her own hand. She was reporting to work every day but for all intents and purposes, she was just going through the motions.
She was scheduled to visit Daniel at the end of the week and couldn’t afford to be depressed when she faced him. It was imperative to give him the impression there was hope even though her conversation with Alan Shipman after the trial didn’t leave much room for optimism. Daniel’s lawyer explained to her that in order to have a conviction overturned, it must be shown either the judge, the jury or one of the lawyers committed an egregious error that affected the outcome of the case. According to Shipman, the judge ran a very clean trial and the jury’s decision was not based on a whim. There was no question they had both a legal and factual basis for their verdict.
The only slight chance Daniel may have would be the judge’s ruling regarding media presence in the courtroom, however, in his opinion, the odds were not great. Shipman recommended several of the top appellate attorneys in the country. He suggested Daniel’s only shot was to retain a lawyer who was politically connected and knew his way around the federal appellate courts. Annie already contacted all the lawyer’s on Shipman’s list and was going to discuss them with Daniel when she flew up to New York Friday morning. Unfortunately for both Daniel and Annie, she would never make that flight.
Daniel woke up to the ringing of the prison alarm which sounded at 4:00 every morning. Despite the frosty chill that pervaded in his death row cell on the tenth floor of the New York State Federal Prison, he was able to finally fall asleep around 2:00am. That gave him a total of two hours sleep. At least, it was an improvement from the previous night. This was his fifth day in his new home and he had probably slept no more than ten hours since he was transferred to the prison. Part of the reason for his sleep deprivation was the inability to get warm with the thin blanket provided by the penitentiary. The main cause was his continued self-deprecation over his behavior on the witness stand.
As things currently stood, he would most likely never know whether the jury would have believed him if he had been able to control his temper. Surely, the physical evidence was stacked against him. On the other hand, Alan Shipman did a masterful job shaping his case in an attempt to create a question in the juror’s minds whether Isaac Jefferson was on the ship. How much Daniel’s bad behavior affected the outcome would forever remain a mystery unless his appeals were successful. Annie was scheduled to visit today to discuss the hiring of an appellate attorney. This time around, Daniel would be responsible to pay the full fee. The hoopla surrounding the trial dissipated significantly after he was found guilty and sentenced to death. He hated to rely on Annie for financial support, but at this point, he didn’t have much of an option. It was either accept her offer to pay for the appeal or a lethal injection.
Daniel stood up from his cot onto the frozen cement floor and stretched his aching back. His mattress was about as thick as a pancake and the pillow was even fli
msier. Sleeping on the cot was probably just a step above sleeping on the stone cold, hard concrete floor. It did wonders for the neck and low back. The courtesy that was offered to Daniel at the Miami Federal Detention Center was not available at this prison, either. Although death row inmates were provided with private cells, he wasn’t being separated from the general population. He was transferred to the New York prison where it was unlikely he would run into any of his former arrestees. Dealing with prison inmates as opposed to those in jail was a whole different ballgame. Meals and recreation time was proving to be a challenge. The stress related to avoiding fights was just one more obstacle to getting some decent sleep.
This time around, Daniel didn’t allow himself to slip into a deep depression though his conscience was doing its best to bring him down in the first few days after his conviction. When the feelings of guilt and surrender reared their ugly head again, he quickly turned them into an emotion much more useful. He was boiling mad. He was pissed off for his pathetically weak response in the first place. Finally, real thoughts of revenge took the place of sorrow and defeat. The murderer became his mortal enemy. Daniel wasn’t going to sit back and let this happen to him or his children without a battle. A week after his transfer to the New York prison, he had already developed a morning ritual of exercises that he completed before his breakfast of dry oatmeal and a pint of milk. Once he had access to the prison library, he planned to spend at least three hours a day precociously researching his options for appeal.
Visiting hours began at 9:00am. Daniel was expecting Annie sometime shortly thereafter. In the meantime, he wasn’t permitted to leave his cell. The cell block was placed on lockdown before Daniel arrived at the prison. Drugs were discovered in three of the inmates’ cells triggering a four week restriction on the entire block. Once he finished breakfast, Daniel decided to lie back down on his cot to try to catch a short nap before Annie arrived. The minute his head hit the pillow, he fell into a heavy, dreamless, comatose-like sleep. He was startled awake six hours later when the prison guard banged his night stick clamorously against the cell bars to wake him for lunch. Arising out of what felt like the sleep of the dead, Daniel was concerned about the time. He asked the security guard the hour who sarcastically replied, “What’s it to you? You got a date?”
“Actually I was expecting a visitor at nine for a very important meeting.”
The guard burst into a mocking guffaw and replied, “Yeah right, important business. I hate to tell you, buddy, but you got stood up. It’s after 10:30.”
“Are you serious? Is there a way to check if I missed the visit?”
“This ain’t the Hilton, bud. Figure it out for yourself.” The guard placed Daniel’s meal on the floor and left the cell slamming the door behind him.
Daniel couldn’t eat his lunch furious with himself that he slept through the time allotted for his visit with Annie. Since the cell block was on lockdown, he wouldn’t be able to make any phone calls until the ban was lifted. Evidently, he wasn’t going to get any cooperation from the staff. If Annie did show up for the visit, certainly someone would have come up to the cell to get him. He wondered if he slept through their attempts to wake him. His only option now was to wait to see if Annie showed up for visiting hours next week unless the sanctions were lifted before then.
It was great to be back in Ft. Lauderdale though his stay would be temporary. Shem would always have very fond memories of this area of the country. It was the site where he conceived the idea for his most brilliant masterpiece to date. To celebrate his return and to calm himself for what was to come, he took a trip to prostitute alley in Miami the previous day. The evening with the teenage prostitute in the Lycra Lame dress had its desired effect. He was as serene as a crocodile sunning itself on a chilly winter day.
The agent was sentenced to death last Tuesday. Shem was glued to the television set for the month and a half it took to complete the evidentiary and sentencing portions of the trial. The wait was well worth it. As he suspected, the look on the agent’s face was priceless when the jury announced the guilty verdict. The expression was only to be matched by the hilarious, horrified contortion of his features when they decided to sentence him to death. He watched each of those clips at least a hundred times a piece, running it back and forth until the tracks on the DVD were almost worn out. Everything was finally in place for the most important undertaking of his life. There was nothing in his way left to prevent him from staking his claim. Munez and the agent were no longer in the picture. It was a long haul, but his patience was about to gift him with the most precious reward he could imagine.
The Birch Courtyard Motel advertised itself as “a tropical paradise just five minutes from the world famous Las Olas Blvd. and two minutes walking distance to the warm waters of the Atlantic Ocean on beautiful Ft. Lauderdale Beach.” Yet, the main attraction for one of its guests was its location directly across the street from the Maya Marca Condominium high-rise. Tonight was going to be the biggest and most important night of his life. He was excited and more than ready to execute his plan. He pulled his cell phone out of his front pocket and dialed Annie’s number. He made sure he dialed *67 so the call couldn’t be traced then entered her digits.
She didn’t answer on his first attempt. Having guessed that would be the case; he had practiced and prepared a detailed message. After the beep, using a voice altering device, he began, “Ms. Bryan, this is Special Agent Calvin Edwards with the FBI. You don’t know me, but I worked with Daniel Falcone. Right now, I’m working under Robert Leland at the Miami Field Office. I have a very important message for you...I can’t leave it on your answering machine. I can’t afford to have my number identified, but I’ll call you back in five minutes. Please answer. Daniel’s life depends on it.”
When he called back Annie answered on the first ring.
“Hello, Agent Edwards?”
“Yes, Ma’am. I’m glad you answered. I don’t know exactly how to put this. I’m placing myself in danger by talking to you.” After releasing an audible and dramatic sigh, he continued, “I just can’t live with myself any longer with the information I have. Information that’s been swept under the rug. I can’t talk about it over the phone and I don’t feel comfortable coming to your house. Could you possibly meet me at Birch State Park later on this evening?”
Annie felt an instant surge of excitement then almost as quickly switched back into a lower gear opting for a cautious approach. The metallic sound of the voice altering device spooked her. “Can we meet at my office? I’d feel much more comfortable with that. I can guarantee no one will know.”
“No, No way. This has to be someplace private, out of the way. I can’t risk being seen with you.”
Annie thought for a moment then replied, “I don’t want to do this by myself. Can I bring someone with me?”
“No. Maybe I shouldn’t have called. Listen, I’m sorry I bothered you. It could cost me my job. Hell, it could cost me my life. Please don’t mention to anyone that I contacted you. Good night.”
“Hold on. If you have information that could help Daniel, you have an obligation as an officer of the court to reveal it.”
“I knew this was a big mistake. I just thought I could get the information to you. They can’t touch you. Ms. Bryan, if you tell anyone I called, I’ll have to deny it. I gave you a false name and obviously you can tell I’m disguising my voice. I know you’re not taping this call. I have to go now.”
Feeling pressured, Annie made a spontaneous decision. “No wait. I’ll meet you. What time and where?”
“I’m sorry. I changed my mind. I can’t do this. It’s too risky. I should have never called you in the first place.”
“I promise I’ll leave you out of it. You have my word. I can’t just stand by and let Daniel be put to death if there’s evidence that can prove he’s innocent. Please.”
Shem hesitated for several seconds to give Annie the impression he was mulling things over. After what seemed like a l
ong enough pause, he said, “Alright, Ms. Bryan. I’ve heard great things about you. I know you’re a straight shooter. That’s why I chose you. I’m gonna trust you. I hope I’m doing the right thing. I’ll meet you at 9:00 at the canoe rental pavilion. It’s easy to find. Absolutely no one can know about this. You have to promise me you’ll come alone.”
“You’re doing the right thing, Agent Edwards. Don’t worry, I won’t talk to anyone. I’ll see you there at nine. I know where it is.”
“Ok. Please don’t be late. And if I see anyone else with you or if you contact the authorities, all bets are off. I’ll know.”
“I’ll be alone.”
Shem hung up the phone with a rare smile on his face beaming from ear to ear. He had to give himself a pat on the back for his acting performance. It was genius. With the rendezvous time set, he had an hour to prepare himself. The fat suit he purchased would help to disguise his look, though a potential problem could arise if she recognized his face. He planned to wear a baseball cap and lower the brim over his eyes to help prevent that contingency. The combination of the cap and the darkness should get him close enough to her for what he had in mind.
He wanted to be there well in advance of Annie’s arrival in order to find a place to conceal himself as she drew near. Slipping into the fat suit then the dark blue suit he purchased for this occasion cost him barely any time at all. It took him only three minutes to drive to the park which was less than a mile from his motel. There was a parking lot for the canoe rental off the beaten path. The pavilion where he planned to meet Annie was situated next to the dune lake where the canoes were docked. The distance from the parking lot to the pavilion was approximately thirty yards. He parked his Crown Victoria which he purchased just two days prior, in the closest space to the pavilion. Since the canoe rental office closed at sunset, the parking lot was empty. He noticed a jogger when he first entered the park, however, saw no sign of any other presence since. There was the ranger to consider who was assigned to patrolling the park after dusk. He wasn’t too concerned about that. After observing the park for the past week, he knew the ranger was most likely watching television at the office.