“When would have that assignment come down, do you recall?”
“About the time Agent Slimane returned to the States.”
“Alright then.” Billycan opened the folder and pulled out a sheet of paper out of it, which he handed to the witness. “Would you mind reading the highlighted part of this communication for us, Agent Peterson?”
Thomas took the sheet and recognition of what he read at a glance made him shiver. He read:
Lypsick: He’s back. So what do you want to do with him?
Sadir: He’s gone his way, so there’s only one thing we can do.
Lypsick: Yes. Let me arrange it. Just make sure he goes to Flint as we discussed.
Sadir: Who’s going to do it?
Lypsick: None of your business. We’ve got him and the Kartz woman for conspiracy. That’s all you need to know.
Sadir: Do you want my help?
Lypsick: Organizing a little accident wouldn’t be a bad idea, just to ensure we’ve got him out by the end of the week.
Sadir: No problem. I’ll get someone up there right now. But what about Ms. Kartz?
Lypsick: Don’t worry about her. We’ll take care of her.
Thomas handed the sheet back to Billycan with shaking hands.
As Billycan replaced the sheet into the folder, he turned to Simmons. The latter didn’t look up. He obviously knew the chips were down. Billycan had just demonstrated that Sadir and Lypsick knew each other and that Sadir had organized the accident in Flint to “ensure they had him (presumably Ishmael Assor) out by the end of the week.”
Billycan turned back to the witness. “Thank you, Mr. Peterson. Now could you tell the court if this message was ‘encrypted’ when you intercepted it?”
“No, it wasn’t.”
Billycan raised an eyebrow. “Why would you think that is?”
“Well, when two agents talk like that on line, they’d feel okay. We don’t survey each other usually.”
“So, it was exceptional that you had to intercept these communications between agents?”
“Yeah…, I had not done it before.”
“Did you send the message to the Deputy Director immediately after you recorded it?”
“No, I didn’t.”
“Why was that, Agent Peterson? Were you afraid of something?”
“Yeah...” Thomas hesitated. “See…, I could have shown it right away, but like I said, I didn’t know where Agent Lypsick fitted in the scheme of things. He might have been acting on the Deputy’s orders or Agent Sadir might have received his orders from him, too. So, I decided to keep that I.M. for myself until I knew who was doing what for whom.”
“Okay, Agent Peterson, and what was the Deputy’s reaction when you showed him the I.M. communication?”
“Well…, he went ballistic. He told me and Agent Sheffield to get out of his office and not to come back until we had all of the communications transcribed on paper. He was not happy…, I can tell you.”
“So, Agent Sheffield was with you when you showed this I.M. recording to Mr. Van Dams?”
“Yes, he’d been called in with me, yeah.”
“Did Agent Sheffield know about this communication prior to your meeting with the Deputy Director?”
“No, he didn’t. I hadn’t shown these IMs to anyone yet.”
“So, I gather there was more than one communication you kept under wraps, is that right?”
“There was only one other that I hadn’t shown yet.”
Billycan took another sheet out of the folder. “Is this the second I.M. communication? Do you recognize it?” He gave the sheet to Thomas.
The witness looked down at it and began reading it aloud, without being asked.
Lypsick: I’ll get you the details later, but our business in Flint is done.
Sadir: But we’ve got to take care of Ms. Kartz. She’s still on the loose.
Lypsick: Not so fast. Our man will be in Vancouver by the end of the week. He’ll take care of that business then.
Sadir: What about the Prince?
Lypsick: Don’t go there yet, Sadir. Let the dust settle for a bit. We’ll have ample opportunities later to get him. He’ll trip himself somehow, I’m sure.
Thomas lowered the sheet to his lap and hung his head.
“Thank you for that, Agent Peterson.” Billycan stretched a hand to get the sheet of paper back from him. Thomas handed it to the US Attorney, not raising his head.
Once Billycan introduced the two I.M. records in evidence, he went to sit down. Something was nagging at him; it had been at the back of his mind since he had received the two I.M. communications from the Deputy Director. No wonder Van Dams had kept these under wraps. Why didn’t Van Dams arrest Lypsick as soon as he had taken possession of these I.Ms communications between Sadir and Lypsick? If not arrest him, he should have at least questioned his involvement. Or was it another one of these CIA cover-ups? It would have been clear at the time that Lypsick was the organizing party behind Assor’s murder and Ms Kartz’s attempted murder. Billycan would have to talk to Van Dams, and the sooner the better. What’s more the warning makes sense now.
Simmons got up and walked over to Thomas. The agent hadn’t looked in the direction of the defence table up to that point. He had avoided looking at Sadir.
“Agent Peterson,” Simmons began, “You were well acquainted with Mr. Sadir for several years, weren’t you?”
“Yes, sir. He was working on the same floor and we had coffee together in the morning sometimes, yes.”
“Did you have opportunities to discuss Mr. Sadir’s work with him during these little morning meetings?”
“I wouldn’t say we discussed anything, we just talked about things... That’s all.”
“And when you ‘talked about things,’ did you happen to mention to Mr. Sadir that you knew about the communications he had with Agent Lypsick?”
“No, I didn’t. We didn’t talk about that. I’m not supposed to talk about anything like that with anybody.”
“I see. So, you kept the two Instant Messaging communications, now in evidence, to yourself. Were you afraid to show them to Mr. Sadir, perhaps?”
“Yeah…, I was a bit.”
“And why would that be, Agent Peterson?”
Again, Thomas shifted in the chair. He seemed reluctant to answer. He raised his eyes and turned his head in Sadir’s direction. Simmons was quick to notice the imploring look in Thomas’s eyes and moved in front of him to block his view. “Well, Agent Peterson, the court is waiting to hear your explanation; why were you afraid of showing these instant messages to Mr. Sadir?”
“Well…, like I said, I didn’t know where Agent Lypsick fitted in this operation, and it looked like Agent Sadir was working with him...”
“Couldn’t you have obtained an explanation from Mr. Sadir if you weren’t sure? After all the two of you “talked about things” often and you were friends, weren’t you?”
“Not really…, we just worked together.” Thomas paused. He knew Simmons was waiting to hear why he didn’t spill the beans. “And…, well…, I wasn’t sure how he’d react if he knew that the Deputy Director had him under surveillance.”
“Are you telling us that you were afraid of Mr. Sadir?”
The witness shook his head energetically. “No, sir. Well…, not exactly what you’d call scared, no. I just knew how he hated some people and when I got these I.Ms, I thought maybe he’d come after me next for knowing what he’d been up to.”
“Ah-ah, now we come to it.” Simmons planted his hands on the railing and stared at the witness. “But these instant messages are not specific in their contents, are they, Agent Peterson?”
“I don’t know what you mean…?”
“Well, let me refresh your memory then.” The defence counsel turned to the evidence table and brought back the two I.M. records to the witness. “In this first one it only shows that Agent Lypsick is arranging for something to happen in Flint, Michigan. Nothing specific is there?�
�� He showed the sheet to Thomas. “Then Agent Lypsick asks that Mr. Sadir arranges for a little accident—again, we have no knowledge of what he’s referring to, do we, Agent Peterson?”
“No…, but it says…”
“Just answer the questions with a ‘yes’ or ‘no’,” Simmons cut-in. Thomas nodded. “So, Agent Peterson, would you agree with me that we have no direct knowledge of what or who these two agents are talking about?”
“NO!” Thomas exclaimed unexpectedly. Aggressiveness had suddenly replaced his timid and reserved demeanour. “No, sir, I cannot agree with you.”
“I see, could you then tell this court why?”
“Because, there were emails beside that first I.M. you’ve got that clearly showed that Agent Lypsick and Agent Sadir were trying to prove that Agent Slimane and Ms Kartz were traitors and they had to eliminate them,” he shouted.
An awkward silence fell over the entire courtroom.
Judge Silverman didn’t hesitate. “In my chambers, Gentlemen, now!” he ordered. “Court is in recess for ten minutes,” he added, pounding his gavel and stepping off the bench.
When Simmons and Billycan were in front of him, in Silverman’s chamber, the judge said, “Okay, Mr. Billycan, tell me why you have not introduced these emails the witness has just mentioned?”
“We have no such emails, Your Honour—we didn’t know...”
“Then, I suggest you get them, now!”
“Yes, Your Honour.” Billycan hung his head dumfounded.
“As for you, Mr. Simmons, I suggest you consider moving for a mistrial or at least move to strike this witness’s answer from the record, and re-present this evidence during your defence.”
Simmons nodded. He knew Thomas’s statement was more damaging than he could have ever imagined and he had to close the door on it immediately. “Thank you, Your Honour.”
“Besides, I have no idea why you’re not moving for a mistrial right now, Mr. Simmons. Could you explain your position?”
“My client wants to proceed with this trial, Your Honour. That’s all I can say.”
Silverman’s eyebrows shot up. “Even if the jury declares him guilty of the charges?”
Simmons nodded. “He’s not admitting or confessing to the crimes, but he’s not comfortable about taking a plea in exchange for putting anyone in the hot seat, Your Honour. That’s all I could surmise at this point.”
“Interesting choice of words, Counsel. I didn’t think we had such a ‘hot seat’ in my courtroom,” Silverman remarked jocularly. Neither attorney was in a mood to laugh. They stared—wordless.
“All right then. Let’s go back in there.” Silverman got up and strode to the door, leaving the two attorneys to follow him.
As soon as Silverman had apologized to the jury and the bailiff had declared the court in session again, he had looked at the Defence Attorney. “Please proceed, Mr. Simmons.”
“Your Honour, I move to strike Agent Peterson’s last answer from the record.”
“Mr. Billycan?”
“No objection, Your Honour.”
“Very well then. So ordered,” Silverman said, nodding in the court recorder’s direction. “The answer will be stricken from the record. Ladies and Gentlemen of the jury, I will ask you to disregard this witness last answer. Proceed, Mr. Simmons.”
“Thank you, Your Honour.” The defence counsel then walked back to Thomas. The latter looked up. “Now, Agent Peterson, could you tell us if you had any other opportunity to ‘talk about things’ with Mr. Sadir after you delivered the two I.M. communications in evidence to Deputy Director Van Dams?”
“No, sir. I was told that Agent Sadir was on vacation until I learned he’d been arrested.”
“Thank you, Agent Peterson. That’s all. No more question, Your Honour.”
Billycan smiled in Marcel’s direction when Simmons had his back turned and went to sit at his table. “Would you mind getting the rest of these damned emails from Van Dams?” Billycan asked Marcel.
“Right now?”
Billycan shook his head. “No…, we’ve got other things on our plate at the moment, but soon wouldn’t hurt.” He paused. “I wonder why Van Dams didn’t surrender the lot…,” Billycan remarked musingly.
“Maybe because they contain something we’re not supposed to see…?”
“Right! And I wonder what that could be.”
Silverman was staring at Billycan. He got to his feet. “Redirect, Your Honour?”
“By all means, Mr. Billycan. Proceed.” Silverman stretched to the back of his seat.
“All right, Agent Peterson, when you read the first I.M. communication for us, we noted that Agent Lypsick asked Mr. Sadir what he should do, would you agree that’s what the message said?”
“Yeah, Agent Lypsick asked “what do you want to do now?” yes.”
“Would it be fair then to say that Mr. Sadir here was instigating Agent Lypsick’s moves? Or how would you interpret this question?”
“Well…, I don’t rightly know, sir, but it seems to me Agent Lypsick was asking for instructions from Mr. Sadir. That’s how I read it.”
“Thank you, Agent Peterson.” Billycan then looked up at the judge. “That’s all, Your Honour.”
As the witness stepped off the stand, he shot a dirty glance in Sadir’s direction, and strode out of the courtroom, not looking back.
Sadir was fuming. He turned and his eyes followed Thomas down the aisle. The jury observed him and almost all twelve jurors nodded their visible disgust.
Chapter 68
Detective Sergeant Hamilton of the Vancouver Police District was next on the list. His testimony confirmed that a sniper took aim from a gazebo located in a small park near Ms. Kartz’s apartment and shot the woman as she was on her way home. The bullet that was taken out during Ms. Kartz’s first surgery had been identified as having been shot from a Gamo Silent Cat .22 Air Rifle with 4x32 Scope—the same weapon that had been used in the first crime.
Billycan then asked the bailiff to bring in the weapon to the courtroom. When he did, a ripple of murmurs went through the jury and the audience. It was indeed an impressive weapon. Even wrapped in a plastic bag, this rifle had an imposing presence—one of fearsome power.
“Now, Detective Hamilton, could you tell us when and how you recovered the rifle?”
“Pieces of the weapon were found by the cleaning staff in four garbage cans located in the men’s washrooms of the Vancouver International Airport. The pieces were brought to us about 24 hours after the incident.”
“And did you interview the cleaning staff individually to find out at what time each of the weapon’s parts was deposited in these garbage cans?”
“No, sir. The interviews were conducted by the Richmond Police District, which covers policing and surveillance of the airport’s area.”
“And did you sent the rifle either in pieces or re-assembled to the forensic lab yourself?”
“We sent it in pieces and it was re-assembled at the lab after examination.”
“Thank you, Detective.” He turned to the judge. “Your Honour, the Prosecution offers the rifle in evidence, marked Exhibit 7, and tender to opposing counsel.”
“Any objection, Mr. Simmons?”
“No objection, Your Honour. Thank you.” The attorney didn’t even look up from his pad on which he was writing feverishly.
“Go on, Mr. Billycan.”
“Thank you, Your Honour.” The US Attorney bowed slightly. Then to the witness, “Now, I’d like to return briefly to your description of the scene of the crime. Did you ascertain the trajectory of the bullet at any time during your investigation?”
“No, sir, I did not, but the forensic guys did and Agent Gilford reconstructed the shooting…”
Simmons was on his feet—surprisingly enough he had been listening. “Your Honour, objection—foundation...”
“I’m getting to that, Simmons…, besides this is a direct examination...”
“Alright, enough,
Counsels,” Silverman uttered, visibly annoyed. “I will not allow this sort of bickering in my court. And as for you, Mr. Simmons, no need to shout.” He turned to Billycan. “Are you intending to connect this reconstruction of the shooting with this witness’s testimony?”
“Later on, yes, Your Honour.”
“Very well then, objection overruled. But, Mr. Billycan, I would urge you to control your witness’s testimony a little better”
“Yes, Your Honour.” Billycan turned again to DS Hamilton. “Let’s confine your answer to your stating that the forensic experts in Vancouver determined the trajectory of the bullet, is that correct?”
“Yes, sir, they did.”
“And in their report, they stated that the trajectory of the bullet demonstrated that the aim taken by the sniper resulted in Ms. Kartz being shot in the right arm and through the upper body. Is that correct?”
“Yes, that’s correct.”
Billycan turned around and went to his table. He picked up a white binder and came back to the witness with it. “Is that the forensic report you were referring to?”
“Yes, sir, that’s the one.”
“Thank you, Detective. Your Honour; the Prosecution offers this forensic report, marked Exhibit 8, in evidence and tender to opposing counsel.”
Receiving approval from the judge and no objection from Simmons, who had resumed his writing by this time, Billycan went on, “Would you mind turning to page 35 of this report, Detective, and read the highlighted paragraph for us?”
“Not at all.” Hamilton turned to the page in question and read, “The rifle had been aimed at the upper part of the body and not at the victim’s head”.”
“Thank you, Detective. And upon reading this forensic statement did you draw any conclusion?”
The witness shifted in the uncomfortable chair and seemed to think about what he was going to say. “Well, to me it meant that the sniper purposely shot the victim in the upper body.”
“Thank you, Detective. Now, would you mind turning to page 93 of the report, and read the highlighted sentence, please?”
WASHINGTON DC: The Sadir Affair (The Puppets of Washington Book 1) Page 27