by Richard Wren
“Drugs,” Smitty whispered to Casey and earned a sharp look from Josie.
“So?” Josie nudged Lanner.
“So,” he mimicked. “As luck would have it, he turned out to be in charge of the evidence locker, and I found out they were re-opening this old case and gonna use DNA on it, and the rest is history.”
This time Smitty had his way, “Spell it out, man,” he threatened.
“Okay, okay. I needed a shirt with blood on it to substitute and your friend Gus obliged. He was running a street con and some guy took a poke at him and his nose was bleeding like a faucet. I saw my chance, whipped off my shirt and let him use it to wipe off some of the blood. Then I disappeared into the crowd.” He laughed.
“What’s so damn funny,” asked Smitty.
“How tall am I and how much do I weigh?” Lanner asked Casey.
“What the Hell?” Casey asked. “Humor me,” Lanner replied.
Casey eyed him up and down. “Maybe five three and about a hundred forty soaking wet,” he guessed.
“And the PI was short and fat?” Lanner reminded them.
“So?” Casey asked.
Lanner laughed again. “So Gus’s over six feet, weighed maybe one eighty? When they iron the wrinkles outa that shirt and try to say it was Gus’s or the PI’s shirt, they’ll be laughed outa the courtroom. Satisfied?”
“Wait a minute, what about the blood, and the DNA?”
“All they got is a shirt with blood on it that doesn’t fit any of the suspects. If a good defense attorney can’t poke enough holes in that, then they ain’t a good defense attorney.”
Josie weighed in, “Maybe. I’d hate to depend on that if clearing Gus’s name depends on it.”
“Well I figger, as long as I’m admitting to everything else, I could probably be persuaded to tell the whole story.” He winked at Josie and added, “For a price of course.”
Josie was astonished. It seemed to her that Lanner was putting his own head in a noose. All he had been promised from her was to defend him.
“I’ll give you the very best defense possible,” she promised. To herself, she thought, insanity, that’s the only defense he’s got.
Lanner turned serious. “Look, I ain’t expecting miracles. I been around long enough to know my ass from a teakettle. I know I’m gonna do time, just keep me away from the needle. Okay?”
“As I said, I’ll do my very best,” Josie, just as seriously replied.
Lanner was left sitting dejectedly as the group file out.
Smitty cleared a corner of the office for them to sit and discuss what had happened and how best to use it.
Josie summarized their legal position. “What we have is dynamite if we can use it. I’ll have to defend him, and I won’t divulge anything he told me either now or in the future. But Connie has his recorded confession, and you have his tape of the conversation with Mason. They will be usable by any prosecuting attorney. Right now, and I mean right now, I need to see the Contra Costa D.A. and get him involved. If he wouldn’t take the case she didn’t know what she would do.
CHAPTER 52
Croce, Leo Croce. Josie dredged up the Contra Costa D.A.’s name from memory. His secretary relayed her name to him and she was put right through.
“I heard you resigned from the D.A.’s office. You want to join us?”
“Are you offering?”
“I’d give a lot to have you on our staff, really.”
“Leo, I really appreciate that and we can talk later, but right now I’ve got bigger fish to fry. Do you have a few minutes to talk?”
“Of course, shoot.”
She proceeded to tell him the full story, including the confession implicating Mason. “I’m walking a tightrope here Leo. I overheard his entire confession, but I’m also defending him. His confessions are recorded and were witnessed by reliable witnesses, but I have them in my possession. Now what?”
Leo asked her to let him think for a moment. “I think you’re okay under the attorney client protection law. You can withhold what you heard, but you have another obligation to carry out the instructions given you by your dad to deliver those tapes to me. It’s a stretch, but if I’m prosecuting and you’re defending is should be all right.”
Then Leo became a little cautious. “But indict a sitting D.A.? That’s asking a lot, Josie. How sure are you of your facts? How reliable is the confession?”
“We have witnesses, the actual subjects, recordings and a signed confession. I’d say it’s just about iron clad. All we need is a grand jury.
Silence for a few seconds. “I think you’re right. I’m clearing the rest of the day for you. You better get your derriere over here PDQ. Bring everything with you, and caution your people to keep everything under their hats. No talking to anyone, got it?”
Josie had been talking and walking all the time on the phone. “I’m heading to Martinez to see the D.A. Be home later this afternoon. In the meantime, and I can’t stress this too much, nobody says anything to anybody about this, not a whisper! Got it?”
She waited until everyone had visibly agreed and left.
It was almost six before Josie returned from the Martinez D.A.’s office with good news. “Everything’s coming together. Leo’s scheduled a majority of the grand jury meeting for tomorrow and the only thing on the agenda is our case. We should have an indictment by the end of the day. Lanner’s set to testify before them and present his confession and Connie will testify about the envelopes he had her mail to explain why he’s confessing.”
Casey and Smitty leaned toward each other and high-fived themselves.
Josie continued. “As soon as we get the indictment, we can issue arrest warrants and direct the police to affect an arrest. Maybe even by tomorrow evening.”
“Which police department?” Casey asked.
“Oakland Police under the indictment issued from the Contra Costa grand jury,” Josie explained. “We’re asking the grand jury to include Lanner’s confession as part of the indictment.”
“Will that clear Gus’s memory?” Smitty asked.
Josie knew what Smitty wanted to hear. That Gus’s arrest and incarceration immediately and publicly be dismissed and his reputation cleared.
“Soon, Dad, soon. As soon as we can go public with the story, it will go public, probably first page news. The story will tell about the Mason family’s murders and their attempts to incriminate Gus. All we need to do is get the story to your friend Shorty. But it will take at least a few days to a week.”
“A week?” Smitty groaned then brightened and spoke quietly as if Gus was in the room. “Never mind, Gus, we’ll get ‘em.”
Then he grew excited. “We’ll get Gus on the first page; he’d love it, God love him.”
Josey added, “We will turn it into a huge memorial.”
Smitty was caught up with the idea. “Tell you what, we’ll have a small wake for Gus tonight. How about Chinese, my treat.”
Nobody disagreed, although Smitty looked a little nonplused when he found the group, including Les and the gang members, in the garage totaled eleven.
By seven thirty, the whole group was gathered in a private room at the Confucius Restaurant in Emeryville and was taking advantage of Smitty’s generosity at the bar except Josie and Jeannine. Jeannine was kidding Josie.
“I’m still a nun, what’s your excuse?” Jeannine asked with a gleam in her eye. “I’m the designated driver?” Josie answered, then quickly added, “You’re telling me nuns never drink?”
“Touche,” Jeannine answered. “I guess it’s up to us two to get this gang home safely, but what about the bikes?”
“I already talked to the owner. He’s going to store them inside the building when we leave. It’s up to us to convince the guys they can’t drive home, and knowing my Dad that’s going to be tough.”
Jeannine displayed her years of nun’s training. “Leave him to me; it’ll be a piece of cake.”
Shortly after midnight, Jeannine�
��s analysis was a proven success. The whole group was safely home, bikeless and grumbling. Josie worked at soothing Smitty down.
“Don’t think you can wrap me around your little finger that easily, daughter,” he rather drunkenly and abruptly announced.
In a short time, the kitchen was empty except for Josie, Jeannine, and a drowsing Casey. They high-fived and Jeannine said, “What a team, huh?”
Josie asked, “How did you handle Dad? I need to know.”
“Something you can’t do. I Mother Superior’d him.”
Josie answered, “He takes a lot of handling, doesn’t he?” She paused. “I’m going to wake Casey up and drag him to our house for a good night’s sleep. It’s getting pretty crowded here.”
With a stretch and a yawn, Jeannine said, “Sounds good to me.”
A half hour later, Josie had awakened Casey enough to get him into their car and drive them home. He fell asleep on the couch, and she left him there. Josie made a mental note to not let him drink that much again.
Josie woke with a start from a sound sleep. Bells were ringing, but she had a hard time identifying where she was for a moment. Must be the phone. Where the hell is it? The illuminated bedside clock said three thirty. She started to reach across the bed remembering the phone was on the other side only to bump into a body. He must have dragged himself up here during the night, she thought. In desperation, she climbed over Casey and grabbed the phone. He didn’t stir.
“Hello,” she croaked.
“Josie? It’s Leo. Mason’s dead. It looks like he committed suicide.”
CHAPTER 53
Josie’s mind snapped to. “Gordon or the grandfather?”
“Sorry. Martin.”
“Suicide?”
“That’s the preliminary report. All I know is that one of the people on the grand jury listens in on the police channel and heard about it. He recognized the name and called me.”
“Does that change anything?”
“I don’t think so; we still need the indictment. I was hoping your connections with the police and the D.A.’s office could get some more info for us.”
“I’ll see what I can do. How early will you be in your office?”
“I’m here now, still wrestling with details on our case.”
She made a snap decision. “I’ll be there at seven.”
Groggily, Casey said, “What was that all about? Did I hear you say suicide?”
“Old man Mason, last night. Looks like he hanged himself. We should call Dad.”
“At four in the morning?” Then he turned and quickly grabbed her arm. “Does that blow our case? Are we screwed? How can you indict a dead man?”
“I don’t know for sure. I think maybe so, but I’ve never been there before. Leo thinks we’re okay, and I’m seeing him first thing in the morning.” While she was talking, she was dialing.
“Dad? You awake?”
“On my second cup of coffee, what’s up?”
She quickly brought him up to date, and he asked the same question Casey had. “Does that wreck our case?”
“Leo says it doesn’t; we’ll just have to wait and see.”
“Screw that,” Smitty said. “We gotta do something.
“Now? I only called you because you’re usually up by this time, not because there’s anything we can or should be doing. Dad! My best legal advice? Finish your coffee, catch up on world news, and meet us at the house at eight thirty.”
“Suicide? Sounds like a clear admission of guilt to me. I wonder if he left a note.”
“We’ll find out in the morning, g’nite.” She hung up.
When Casey and Josie arrived the next morning, Smitty was waiting with Danish pastry, coffee, orange juice, bacon, and bowls of fruit. Josie raised her eyebrows and questioned the largess.
“The grocery stores are open twenty-four seven, and the bakeries open really early,” he defended. “What’s the matter, somebody doesn’t like Danish?”
Before anyone could answer, Josie’s cell phone melodically summoned her.
“It’s Esther. She said maybe it’s just a coincidence, but happening right after our phone call yesterday she thought we’d like to know.”
Casey and Smitty immediately were all ears. “What was it?” Smitty demanded.
“One of their investigators has infiltrated the gang, and he said that two guys had just this morning reappeared from a trip to Mexico.”
“Uh oh,” Casey remarked
“What else?” Smitty asked.
“Nothing,” Marilyn answered. “She said he said that was all he knew.”
For a long time, no one said anything. Casey spoke up. “Do you think they’ll put two and two together and maybe find out about us?”
Smitty surprised them with a quick and concise answer. “Of course, think about it. If they found out about Jeannine from Lanner, they’d jump to the conclusion that was how we found her too. They’re probably looking for Lanner right now and as soon as they figure out that it was Les and you down there, they’ll be on to us.”
“Could there be any chance they know about the Richmond shop?” asked Casey.
Smitty said, “Well, it’s a matter of public record, but I bet they don’t even know Lanner’s missing yet.
“What about Willy?”
“Lanner’s buddy? Don’t worry about him. He’s tucked away safely. Besides, he doesn’t know anything.”
Casey turned to Josie. “How important are the witnesses going to be?”
“Between you and me or as Lanner’s defense attorney?”
“Both,” Casey answered.
“All right. Between you and me and as far as the end result is concerned, not much. But as defense attorney I’ll try my darndest to get them disallowed even though I know he’s guilty. The same thing any defense attorney would do. But, between just us, even if some of his confession is disallowed, the only difference might be a life sentence rather than the death sentence. Confusing?”
Smitty threw up his arms. “Seems to me this is all poppycock.”
“I was talking in generalities, Dad. Any D.A. would be derelict in his duty unless he did everything in his power to protect witnesses.
Smitty hesitated. “Think they’d believe me as a witness? My history ain’t exactly squeaky clean.”
“Maybe, maybe not. But they would certainly believe the testimony of a nun. I’d expect the indictment would be a snap.”
“Then in the meantime, we better hope for the best and expect the worst from that roosky gang, doncha think?”
“I suppose,” she somewhat disinterestedly replied, then abruptly changed the subject. “Dad, you’ve met him, I just can’t bring myself to believe Gordon’s involved in any murders or anything like that at all. What do you think?”
“I only met him once, but the evidence we have says he’s a rapist at least, and don’t forget what Marilyn said about him.”
“So he’s got a short fuse, doesn’t make him a murderer. I’m really inclined to believe his granddad protected him, and he doesn’t know the lengths he went to.”
“You’re forgetting he at least drugged Jeannine and probably raped her, too.”
“Still, at least for a few days, we better be on our toes. Marilyn and Jeannine should be okay with all the guys downstairs and Lanner’s well-guarded. That leaves you and Case.”
“Right now, we’re going to be with you guys if you don’t mind us taking you out to dinner. Pizza okay?”
Over dessert, Smitty, who had been conspicuously quiet during the entire meal, exhibited a trait that once before had led Casey to think that Smitty would have been an outstanding General in wartime. He could have been a very successful leader of men. As those thoughts crossed his mind, he changed the tense of his thinking. He is a successful leader of men. It was just fate that had led him to this group.
“Here’s what we’re going to do.” He raised his hand and began counting off on his fingers.
“One.” He looked at C
asey. “We assume they figure out that it was you and Les down in Mexico. Two. We assume they know you and Josie are married and that Josie quit the D.A.’s office. Three. We assume they know that Josie’s filed to be Lanner’s attorney. Four. We assume they’ll deduce that Lanner’s spilling his guts and Josie’s got him hidden away someplace. Six. We don’t assume we’re safe just because we’re keeping our heads down. As much as possible we go on the offensive without leaving the safety of the house and Marilyn will keep working with Esther to see if Gordon’s involved with his granddad and what kind of evidence they have about the Russian Gang. I’ll keep after Shorty at the Trib to see if he’s getting anywhere, and Casey and I will coordinate everything. Maybe something out of Gordon’s office put together with something from your D.A. in Contra Costa County will be dynamite.”
“What about Connie?” Casey asked. Will she be safe?”
“Now she will. She’s the only direct testimony against Lanner about the kidnapping and murder. She makes it impossible for him to recant his admissions. But I think she’s safe. What he did then has nothing to do directly with Gordon, and nobody knows about her except us. We have a complete statement from her, and Leo knows where she is and how to get in touch with her. She’s okay.”
Smitty asked. “So, we got all the bases covered? What’d I forget?”
“Jeannine,” Josie said.
“There’s not much she can contribute beyond her testimony that I can think of,” Smitty said.
Josie thought for a moment. “She’s an organizer, and she wants to help, and she’s a whiz on the computer. Marilyn and I can use her and so can you and Casey,” she addressed her Dad. As an afterthought, she added with a degree of resignation, “And you Neanderthals will probably expect me to do most of the cooking, so I’ll sure as hell need her there.”
“Speaking of which,” Smitty offered, “On the way home, do we need to get groceries?”
“You’re kidding, right?” Josie asked. “Between the huge refrigerator in the kitchen, on top of the one in the basement, we could survive a siege.”