Harvest Of Evil
Page 19
"I see, thank you Officer. Your Honor, the State would like to enter into evidence the transcript of Officer Fisher's radio communications as Prosecution's exhibit one. And I would like to enter Officer Fisher's police report as exhibit two. Now Officer Fisher, tell us what happened that day, at the Green campsite." Jim was smiling as he said this, so far, we had gotten everything on the record that we needed.
"I was walking through the campsites in section C looking for any problems or concerns, just on a normal patrol. I saw a campsite, number C-19 had a fire going in violation of the state-wide burn ban. I further noticed that at first glance the site was unattended, so I radioed in my location, and intent to contact for multiple violations of the fire ordinances. When I got closer to the campsite, I could hear the presence of multiple people in the tent. I called out a 'Hello to the camp', and at that point Mr. Green and Chad stuck their heads out of the tent. It was obvious that Chad was under age. It was also obvious that Chad and Mr. Green here were continuing to have sex even as they were looking to see who had called out to the camp. I immediately closed on Mr. Green, took him into custody, and restrained him. I then called in what I had found, and requested an aid car with a rape kit, and a shift supervisor. I read Mr. Green his Miranda warning, and he informed me that he wanted council before talking to me. I asked Chad to show me his identification, and asked him how old he was. He informed me that he was thirteen, and showed me his student ID. I asked him to get dressed. Then I asked him who the individual I had just handcuffed was, and he told me it was his teacher Mr. Jerald Green. I got a sleeping bag out of the tent, and after searching it to insure there were no weapons in it, I tossed it to the suspect, so that he could cover himself. I then conducted a search incident to arrest for any other evidence of the crime of 'Rape of a Child'. I found three used condoms; which were bagged, entered into evidence, and tested for DNA by the state crime labs. The results came back as indicated in my follow up report. By the time I was finished with the search incident to arrest, the Shift Supervisor Sgt. Franco had arrived, and the aid car was pulling in. I turned over the scene to Sgt. Franco, explained what I had found, and went to get my vehicle for transport. Five minutes later I was back at the scene, and placed the suspect in the back seat of my vehicle. I transported him to the County Jail for temporary hold. Sgt. Franco took care of handling the rape kit, after contacting Chad's parents and informing them of the situation. Sgt. Franco informed me that the parents met him at the hospital, gave consent for the rape tests and took custody of their son."
Jim looked over at me and asked, "Officer Fisher, why didn't you Miranda the minor as well?" in a stern voice.
"He was the victim," I recited, "there were no possible charges to be filed against him, so a Miranda was not necessary."
Then Jim asked, "Why did you search the tent?"
"To preserve evidence of the crime and to insure the safety of myself and the victim from any possible weapon." These were all stock, straight out of the book, answers.
"Now Officer Fisher, did you enter the tent or even the campsite prior to discovering a crime in progress?"
"No, I did not." I knew this last set of questions, or something like it was going to come out. We figured that "Kelly" was going to go for a fourth amendment defense, and claim that I had searched a dwelling without probable cause, and that my entry of the campsite without a search warrant, constituted an illegal search and seizure. If this case could be made, then everything found would be thrown out on the "fruits of the poisonous tree" doctrine. In other words, we would have no case. Whether or not any argument could establish a tent with a chemical bucket toilet, a bed, and a camp stove as a dwelling is a good question, there is precedent on both sides, and the Washington Supreme Court can often be a bit loony. None of us on the state side wanted to take the chance though, so we wanted to do our best to shoot the argument down before it could start.
"No more questions, Your Honor. Your witness councilor." And Jim sat down with a slightly self-satisfied smile on his face.
The defense attorney got up and walked over to the witness stand where I was sitting. He had a strange expression on his face, not the face of a man that just lost the argument before he started it, but more of an 'I have a secret' face. Of course he could be just a good poker player.
"Officer Fisher," he said, "how long have you been a Federal Park Police Officer?"
"Five years, sir." I said, deadpan.
"And what did you do before that?" 'Kelly' asked.
"Objection, immaterial," Jim shouted.
"Your Honor, I'm just trying to establish officer background," said 'Kelly'.
"Overruled," muttered the judge.
"I was a Senior Chief in the United States Navy." I said.
"Oh, come on, Officer Fisher, don't be modest. I understand you are a real, honest to goodness war hero. What was your Rate, Officer?"
"I was a Submarine Sonar Technician." I said.
"Yes, that was what I heard. Now those guys have to have pretty great hearing, don't they Officer?" he had that smile back.
"We have to have good hearing, yes."
"But that's not what made you a war hero, now was it Officer? You spent most of your naval service attached to a special unit, didn't you Officer Fisher?"
"I'm not at liberty to discuss that, sir."
"Officer Fisher, isn't it true that you were a member of SEAL Team Twelve? A team composed entirely of Lycanthropes?" Kelly looked at me as if for the first time, and started edging away as if he suddenly realized that he was standing next to a 'monster'. Oh it was good stage play, I'll give him that, but I would love to know where the hell he got his information.
There were a few mutters from the gallery at this. Everyone knows that there are 'thropes among us, and the 'enlightened' left coast liberals would like to believe that they're above such prejudice and fear as the 'Christian Alliance' and other such hate groups espouse. The thought of sharing a room with a full out Lycanthrope though, and worse yet one of the barbaric 'rabid killing machines' as one particular democratic senator labeled us, well that's just a bit much for the average liberal. It's funny, the liberals would rather embrace a black cop killer, or a professed Vampire than a 'Thrope soldier. The black cop killer 'was just a victim of society, striking out of desperation' and the Vampire is 'misunderstood' and 'a victim of unfair and outmoded beliefs' (even though the average vampire has killed a hell of a lot more innocent people than I have ever killed enemy combatants.) Ah but the 'Thrope, he's a 'cold blooded killer' and a 'tool of the military industrial complex' who should be shot as a war criminal.
"Your Honor," I said looking at the judge, "Any membership in a 'Special Warfare Team', any team, is classified, especially if the member is subject to recall. I am not at liberty to discuss this information." Which was sort of true, we're not supposed to talk about the Teams. You know, it's sort of amazing how many folks knew about my Team time lately. I sure would like to know what the Hel was up with that. I mean, of course my bosses and the rest of the police I work with knew, they had clearance. Unka Lars knew, but just try to keep something from your Goti. Mary knew, because the Vamps told her. But how the Hel did the Vamps know, and who told this shit head?
Said shit head popped up with "Your Honor, I withdraw the question. Officer Fisher, isn't it true that you are a Lycanthrope?"
Well shit, I couldn't wiggle out of that. "Yes."
"So your hearing is just short of magical isn't it?" His grin had morphed into a full out smile.
"I suppose you could say that."
"So, Officer, couldn't you tell that there was a male couple having sex in the tent, before you decided to approach the tent?" He smiled as if he was sure he had me.
"No." I said it deadpan, and 'Kelly's smile vanished.
"I remind you that you are under oath, officer, and that perjury is still a crime. I will ask you one more time, could you tell that there was a male couple having sex in the tent before you approached the tent
?"
"No."
"Maybe you had better explain this." Said the judge.
"Your Honor, it's not just my sense of hearing that is exceptional, but my sight and vision too. I saw the fire and smelled it long before I got within earshot of two individuals who were trying to keep their sexual activities quiet." I replied.
"Officer Fisher, what is the Navy's policy on gays?"
"Don't ask, don't tell, don't pursue." I said still deadpan.
"What do you think of that policy?" 'Kelly' said with a sly tone.
"Objection" Jim again, thanks the gods.
"Sustained, Councilor, quit trying to bait the witness."'
"Yes Your Honor," 'Kelly' turned back to me, "Officer Fisher, did you know prior to actually contacting my client, that there was a homosexual act going on inside the tent?"
"Yes".
"What would have happened if there was no one home in the camp at the time you approached?"
"Objection, calls for speculation."
"Sustained, Councilor, this is your last warning."
"Sorry Your Honor, Officer Fisher, what have you done in the past, when you find an unattended fire at a camp site?"
"I put it out, leave a citation on the tent flap, and mail a copy to the address of the registered camper. That's why we require an address when you register at a camp ground."
"So, if you hadn't known that someone was home, it's reasonable to assume that you would have done so in this case?"
"Yes." I couldn't keep the frustration out of my voice, I saw what he wanted to do now, he was going for a fourth amendment all right, but not on the illegal search of a dwelling. He was trying to make my very existence as a cop an illegal search due to my senses. What a load of crap. Of course this was the very thing that another prosecutor had refused a case for fear of, but I thought it was a load of crap then too.'
"Your Honor, I move for an immediate dismissal of all charges. Officer Fisher's unnatural senses …"
"Objection" interrupted Jim.
"Sorry, Your Honor, let's say rather, Officer Fisher's genetically enhanced senses, provide an unreasonable advantage, and violate my client's reasonable expectation of privacy."
Jim had had enough by this time. "Your Honor, this is ridiculous, Officer Fisher's senses, while sharper than a normal human, are no sharper than a canine officer can employ. The Supreme Court has upheld the legitimacy of canine searches without a warrant while part of a legitimate contact. Officer Fisher had a legal reason to approach the camp, and how much 'reasonable expectation of privacy,' is there to a layer of fabric? The suspect did not conduct his crime in a house, where the walls would protect him from the ears of a passerby. Further, he continued his actions in clear view of an officer when he and the victim stuck their heads out of the tent to see who was hailing them. The State asks that the motion be summarily rejected, and the trial proceed with no further waste of time."
The judge looked more than a little frustrated, judges really hate precedent setting cases, and as of now, this had just become one. "Before I place this court in recess to consider the motion, does the defense have any further questions for this witness?" growled the judge.
"No, Your Honor, I think we've heard all that we need to from him." 'Kelly' said with a snide tone of voice.
"Very well, the court will be in recess until tomorrow morning at 8 a.m. when I will make my decision on this motion. Officer Fisher, you are released from the stand, but should hold yourself available for any future questioning in redirect." (In other words, don't leave town, and make sure the prosecutor can get in touch with you.) Then the judge stood and said, "This court is in recess until 8 a.m. tomorrow. The councilors will report to my chambers."
Well that ended that for the day. The suspect was escorted out by the County Sheriff, and people started filing out, most of them giving me a wide berth. Just fucking wonderful. I got out of the courtroom and there were the vultures. You know, the press photographers that hang out at court just for something like this to happen. "Officer Fisher, how long have you been infected?" "Officer Fisher, is the accusations that you were in the infamous 'wild animal team' true?" "Officer Fisher, do your superiors know about your disease? " "Officer Fisher, look this way." All I could do was just wade through them. They didn't seem the least bit worried that I was a 'mad dog', which was a shame, maybe they wouldn't crowd me as closely if they were a bit more scared. I really hate the press sometimes.
*****
An hour and a half later I was back in the office. Just in time for the Lieutenant to give me a long-suffering look, while on the phone. She didn't appear pleased at all. I plopped down in my desk just as my phone rang.
"Fisher." I said into the handset.
"Afternoon, Senior Chief, I'm Lt. Commander Dorflinger, I need to speak with you." Oh shit, I thought, here it comes.
"Afternoon Commander, I don't suppose this will be an over-the-phone type talk?" Hey, I can dream can't I? '
"No, I doubt it, unless you have access to a STU-5 there."
"Not likely. Hey, I'm out of that, haven't you heard."
"How fast can you get to Bangor?"
"Not as fast as you can get to Everett."
"OK, that's a fair meeting point. Can you be at the NCIS Office at Everett in an hour?"
"Yes."
"OK, see you there, (click)"
Lovely, I'm going to find 'Kelly' and give him an example of why we don't piss off SEALs, at least not more than once. (I wish!) Oh well, that which doesn't kill me… Time to take the heat from the Lieutenant. I stuck my nose in Pam's office. And she gestured at a seat. We had a nice little chat, the gist of which was that the department was behind me one hundred percent, but they really wish that I hadn't opened this particular bag of worms. Of course I brought up that I hadn't opened it, but suddenly it didn't matter who opened it. However, I was assured that the department would not leave my butt waving in the breeze. Then I headed for Everett. On the way there, my phone rang again.
"Fisher."
It was my mom. "John, your dad has had a heart attack. How could you! Didn't you trust us to handle the truth? How could you have lied to us, How many men have you killed? Oh John!" And the sound of crying. Oh great, Just what I really need right about now. Tyr, what have I done to deserve this sort of shit?
"Mom, slow down, calm down, what have you heard?" Might as well try damage control.
"Oh John, it's on all of the Seattle TV channels. They're saying you're some sort of monster, and they're talking about some sort of monster death squad, and (here goes the water works again). Oh John, your dad saw the broadcast, he had a major heart attack. John, if he dies, it's all your fault."
"Mom, I'll come by the house tonight, I have to go deal with some official stuff for a little bit, but I should be by in a few hours. Mom, DON'T TALK TO ANYONE ABOUT THIS." Lovely, just lovely. I hung up the phone and then called the house. Lars was there, and I told him briefly what had happened. He understood what had happened, including Mom, and said that he would keep the jackals at bay while I dealt with what had to be dealt with. Then I went on base to meet with Lt. Commander Dorflinger.
*****
I knew where the NCIS offices were on Everett, we interfaced with them once in a while. I went in the front door, and showed my ID to the guard at the front desk. He directed me to a 'briefing room' off the main hall. I've been in 'briefing rooms' like this before, but usually I'm the one that knows who's behind the mirror. It was an interrogation room pure and simple. But they hadn't put me in cuffs, so I guess I wasn't in too much trouble. A few minutes later, the Commander came in. Six foot nothing, brown hair, brown eyes, he was wearing Watch Khakis with a set of gold oak leaves, no name tag, no ribbons, and no breast insignia. OK, this was going to be one of 'those' meetings.
As he walked in, he held out a hand and said, "Sorry we had to meet like this Senior Chief, my name's Commander Dorflinger. I'd tell you to have a seat, but I see you already have one."
&
nbsp; At this point I interrupted. "Nuh uh, It's Officer Fisher, if you're Commander Dorflinger. I am retired, and it takes more than a light Commander to change that. Look, I'll be happy to help with the debrief, and to help find out who the hell told this asshole what I did for Unka Sam, but you need to get clear that I don't work for you now, if I ever did. My pay comes from the Dept. of the Interior, not the DOD, and if you recall me, it's going to have to be for something more than that some ass found out I was in the Teams, and grow fur." I had played this game before, and I wasn't about to let him establish the rules. That's one of the first things they taught us in SERE school, if you allow the enemy to set the rules, and you agree to play by them, you have lost the battle. I didn't mistake for a second the fact that this guy was the enemy, or at least a potential enemy. He had been sent to find some one to hang for this breach of security, and political embarrassment of the Navy, and I was the easy target.
"OK John, the name's Mark. Look, I didn't mean to come off all 'I'm the judge, jury, and executioner' on you."