The Two-Witness Rule: A Novel

by William Eleazer

  Magidson interrupted. “Joe, I know you are wondering why I asked you to come in on this. The reason is that it involves one of our assistants. I asked Detective Majewski not to mention the name before he briefed you because I wanted you to hear the facts first. Personally, I was a bit shocked. And I knew you would be also because of your relationship with the alleged attacker. Go ahead, John.”

  “The automobile is a Camaro Z28, registered to Scott Marino. And he was identified by the lady from the driver’s license photo.”

  Fasi had been leaning forward in his chair as he listened to the report, but with Majewski’s revelation, he pushed back, stunned and speechless. Finally, as if to himself, he said, “That’s so unbelievable. Never in a . . .” He stopped and turned away, visibly shaken.

  “Well, we’ll just have to deal with it,” Magidson said. “What’s next for this investigation, John?”

  “We want to have the lady make a better ID with a good photo array. We’ll probably have to go to Atlanta to do that. She was adamant in saying she had a busy work schedule and would not be able to return to Savannah soon. We want to get that photo ID as soon as possible, so we’ll go to her. Do you have a photo of Marino that we can have?”

  “Yes, there will be one in his personnel file.” Magidson reached for his phone. “Janna, would you step in here now with Scott Marino’s personnel file?” His secretary entered with the file, and the photo was handed to Majewski.

  “Will you be going to Atlanta for the photo lineup?” asked Magidson.

  “Not sure it will be me, but probably,” said Majewski.

  Fasi finally spoke, his face stressed. He took a deep breath before he began. His speech was slow and very soft. “Have you considered the possibility that the vehicle was stolen? She only got a brief view of the driver, and her ID was not very positive.”

  Majewski pulled another photo from his file. “About four this morning, the precinct patrolman went to the apartment address of the registered vehicle owner. There he found the vehicle in the parking lot of the address, and he took a photo.” Majewski handed the photo to Fasi. It was a similar view as the other photo, showing the right rear of the Z28, the license plate, and right rear tire.

  “And you can see,” Majewski continued, “same license plate, same vehicle. And though you can’t see it in the photo, the patrolman noted something else. The steering wheel had a locking device on it—‘The Club.’ Not unusual for an owner of that kind of automobile—no one was going to ever get a chance to steal his vehicle. No, we aren’t dealing with the driver of a stolen vehicle.”

  Fasi handed the photo to Magidson, who looked at it briefly and then said, “You know, John, when you finally send the investigation to us, we’ll have to recuse our office from prosecuting the case. I’ll request another DA’s office to come in for the prosecution. And it may be a good idea for your office to call in the GBI and do likewise. You and most of those in your office worked the Harrison cases with this young prosecutor. You personally know him, and maybe along with others in the Metro Police Department have developed a friendship. Could cause some distraction in the investigation.”

  Majewski nodded his head in agreement. “Yes, could do that. I’ll take it up with Major Bodiford.”

  “Anything else we should know now, John?” asked Magidson.

  “No, that’s about it. We can probably wrap it up pretty soon after we get a better ID with the photo lineup. We won’t be questioning Mr. Marino until we get the photo ID. And please don’t make Mr. Marino aware of our investigation until we question him.”

  “Only Joe and I know of it, and we’ll keep it that way,” Magidson replied. “I’m sure you’ll keep us apprised as you proceed with the investigation. Let me know if my office can help.”

  Magidson stood, indicating the briefing was over. He walked from behind his desk and shook Majewski’s hand. Then he said, “John, I’m sure you will keep all of this absolutely in-house, need-to-know only, until the investigation is complete and received here. That’s very important. Scott Marino is involved in prosecuting a high-profile case—the Max Gordon case—as well as other felony cases. We are going to have to make a number of in-house adjustments, and I prefer to do that before this incident becomes known and widespread.”

  “Certainly. I’ll be overseeing it and can do that. And if the GBI gets involved, I’ll make sure they understand also.”

  As Majewski left the room, Magidson turned to Fasi. “Now,” he said, “let’s discuss those adjustments.”

  Chapter Thirteen

  Fasi had remained seated as Majewski left. As soon as the door was shut, he asked, “Mind if I take a couple minutes before we discuss those adjustments?”

  “Not at all. I think we both need a break to let this all sink in.”

  Fasi rose from his chair, walked slowly to the window, folded his arms and looked down on Montgomery Street, six stories below. There had been an early morning rain, but the sun was now out with a promise of another beautiful but hot summer day in Savannah. He stood there gazing at the flame rising from the “Flame of Freedom” monument at the front entrance and watching men and women scurrying in and out of the courthouse. He was just watching, not thinking. It was midmorning, and he already felt tired, as if it had been a long trial day. He took a deep breath and returned to sit in his chair across from his boss.

  “This is a tough blow to me personally, Josh. I really respected that young man,” Fasi said. “And a tough blow to our Felony Division. Scott is one of the hardest working assistants I’ve ever witnessed. Only a couple of years here, but his energy and intelligence made up for his lack of experience. I had high expectations for him—he’s a natural in the courtroom. For some time now all the felony prosecutors have been carrying a very heavy load, and he’s carrying one of the heaviest. Besides the Gordon case, he’s got a full load of active and serious felonies. It’s not going to be easy replacing him.”

  “We can agree on that, but it has to be done. I want you to relieve him immediately of the Gordon case. When this assault hits the newspapers, our whole office—right or wrong—will be a big part of the news, and I don’t want to read that the prosecutor for the Gordon case has been arrested. Max Gordon is not going down easily, and he would find some way to work it into the trial. And don’t assign Scott any more cases. Let him keep what he has for now, at least until we hear more on the investigation. Any questions?”

  Fasi wasn’t pleased with the district attorney’s “adjustments,” yet he realized they were reasonable, and he couldn’t think of any better solution. Sure, he had questions, but he realized the answers would have to come from himself.

  “No questions,” he replied.

  Fasi left the DA’s office to take an action he dreaded. He preferred to wait until sometime in midafternoon, but the district attorney had used the word “immediately.” He hoped he would catch Scott in his office. He phoned and Scott answered.

  “Scott, I need to see you right away. Can you come to my office now?”

  “Sure, I’ll be right down.”

  When Scott arrived, Fasi motioned for him to take a seat. This would be unpleasant, but he would get it done—now.

  “Scott, I just had a discussion with the DA. I’m going to be taking over the lead in the Gordon case, at his specific request. You will be devoting all your time to the other cases assigned to you but will have no further responsibility or assignment in the Gordon case. I don’t have a full answer for the reason or reasons right now—maybe later. Just consider it done. Send me the file with all the work you’ve done on it. I know that’s considerable. I realize this may be a disappointment, but the upside is you’ll have more time for all your other cases.”

  Scott rose from his chair and stood facing Fasi with a perplexed look on his face. “So I’m fired and no explanation?”

  “Let’s say relieved. I hope we’ll get an explanati
on, but right now that’s not important. What is important is that I get up to date with that case right away, so make sure you get the file to me this afternoon.”

  Still standing, Scott extended both hands, palms up, toward Fasi. “Joe, do you really think this is fair? Just relieve me, no reason given?”

  “Probably not, Scott. I don’t like passing the buck to someone else, but really, it’s not my call. I hope there will be a satisfactory explanation coming.”

  “I’ll have the file and all related papers on your desk sometime this afternoon,” Scott said, as he turned and walked out the door.

  ❖ ❖ ❖

  Driving home that afternoon, Fasi could not get the day’s stunning events out of his mind. He wondered if it was pressure from the heavy workload that caused such aberrant behavior in Scott. Had he missed signs that he should have noted? He knew Scott was usually in the office, deep into his work, before most others even arrived. Should he have insisted that Scott take more time off? Or lightened his load? And he wondered what the final charges would be. It was pretty clear that several misdemeanor crimes could be charged—disorderly conduct, assault and battery, pandering, and soliciting sex, if they wanted to pile it on. But he was sure the investigators would look for a more serious crime, a felony, such as attempted kidnapping. But he knew it really made no difference as far as Scott’s career as an assistant district attorney was concerned. Considering the circumstances, even just one of the minor charges would result in his firing. A more serious charge would affect Scott more than the office, but the office would be affected either way.

  Fasi was driving south on Whitaker Street. When he reached Forsyth Park, he found a parking spot, got out of his car, and walked slowly into the park. The sun was beginning to set, and the park was unusually quiet. He stopped briefly at the fountain and then walked into the wooded area on the north end of the park. Dark shadows from the towering oaks surrounded him. He found an isolated bench and sat there until the sun was completely down. His mind kept turning over the day’s events. He was not happy with how he dismissed Scott from the Gordon case. It was cold, seemingly uncaring. If he had not been required to do it immediately, maybe they could have gone for a beer after work. But it still would not have been easy. He really respected this young man. He had found him to be a smart, quick learner. He had watched him closely in the Harrison murder trial and observed his natural trial skills. He liked his character, his work habits, his ethics—perhaps seeing a lot of himself in him.

  His thoughts drifted back to that morning in the DA’s office when he learned of the investigation. Why had he and the DA accepted so quickly the report of Majewski? It was all based on reports of others. Majewski had no personal knowledge. The investigation was still ongoing. And Scott was given no opportunity to explain or deny before he was relieved.

  He sat there quietly, as darkness enveloped him. And he had no answers.

  Chapter Fourteen

  Friday, August 8

  After his briefing of the district attorney on Thursday, Majewski met with Major Joe Bodiford, Chief of Criminal Investigations for the Savannah-Chatham Metropolitan Police Department, to discuss whether they should invite the Georgia Bureau of Investigation to assist. It was true, as noted by the district attorney, that many of the Metro detectives had worked with Scott, and some would be considered friends. None would take delight in presenting the charges that this investigation would likely produce. Besides, the department was already stretched thin by the cases now being investigated—never enough time and never enough investigators. Bodiford decided to request assistance from the GBI. He made the phone call and set up a meeting for Majewski and Special Agent Carl DeBickero of the Georgia Bureau of Investigation for Friday afternoon in Majewski’s office.

  Carl worked out of the Region 5 GBI Office in Statesboro. Savannah was within his region’s jurisdiction, so he was in Savannah frequently. Majewski was pleased that Carl would be involved. They were longtime friends and had worked many cases together over the years. But it was more than friendship. Carl was one of the most experienced and respected investigators in the bureau. He had investigated about every crime in the book and a few that weren’t. Majewski had called on him several times when he had hit a dead end, and usually Carl was able to suggest a way to restart it.

  When Carl arrived, they took five or six minutes to catch up before Majewski began to brief him on the investigation. As soon as Scott Marino’s name was mentioned as the suspect, Carl held up his hand.

  “You mean Scott Marino, the assistant DA?” Carl asked incredulously.

  “Yes, prosecutor in the Harrison trials,” said Majewski.

  Carl’s eyes narrowed before replying. “Can’t be. Really can’t be.” He emphasized every word. “No way can I believe that. I investigated the Nolan case in Effingham County. Remember that one?”

  Majewski paused for a moment as he thought. “That was the law professor who abducted one of his students and held her captive?”

  “Right. That was where I first met Marino. He was responsible for her rescue. And I’m the lead investigator in the Gordon case. Marino has been my main contact. Been working with him closely for months. He’s a straight shooter. No way he would be involved. You’ve got the wrong guy, Mo.”

  “Sorry, I should have remembered your connection. Just didn’t think about it. Wouldn’t have had you come in. We requested GBI assistance because so many here have been involved in his cases. And many of us know him personally. You probably have the same concern. You want to hear more about it, or do you think you can’t get involved because of your working relationship?” asked Majewski.

  “Well, I’m already here. Let me hear what you have, and I’ll decide whether I can participate.”

  Majewski gave Carl essentially the same briefing he had given Fasi and the district attorney on Thursday. Carl listened carefully, shaking his head frequently in disbelief.

  “That’s about it,” Majewski finally said, placing the photos back in the folder and closing it.

  Carl paused only a moment before responding. “No questions on the investigation. With the photos and eyewitnesses, it looks solid. But you asked if I thought I could get involved, considering my personal knowledge of Marino. Well, I have no problem assisting, even taking the lead. It is what it is. I’ve handled many investigations where I hoped the target would be exonerated. Some have, some haven’t. I just follow the evidence. I’ll do it in this case. From what you’ve shown me, I already have a pretty good idea where the evidence will lead. But it’s still open and you suggest the next step should be a photo ID by the victim—and soon. Count me in. I’ll do it this weekend. Let me have your folder, whatever you have so far.”

  Majewski handed Carl the folder. Carl opened it and removed some papers. “I’m looking for a phone number and address,” he said. He examined the papers. “I’ve got it. I see a note by the phone number that says it’s her brother’s.”

  “Yes, that’s because the only phone she had was her cell phone, and we are keeping that for a while as part of the investigation.” Majewski opened his desk drawer, pulled out a cell phone and handed it to Carl. “Here’s her phone. She wasn’t at all happy about our keeping it. The precinct patrolman who took it promised to get it back to her as soon as possible, but we need to hold on to it until the investigation is complete.”

  Majewski and Carl sat and talked for several more minutes, during which Majewski gave the file to a secretary to make a copy of everything in it. It was agreed that the investigation would be taken over by the GBI, with Savannah detectives assisting as needed. Carl would conduct the photo lineup that weekend in Atlanta. After the photo lineup, Marino would be interviewed by a Metro detective with no previous work or personal relationship with him. It was understood that the investigation would be given priority for earliest completion and that all involved in the investigation would be informed that it was to be kept
confidential until completion.

  “I’ll let you know the result of the photo lineup no later than Monday,” Carl said, as he was leaving.

  Chapter Fifteen

  Saturday, August 9

  Special Agent DeBickero drove to Atlanta Saturday morning with his wife, Karen. Karen’s mother lived in Atlanta. They had planned the trip several days before the meeting with Majewski on Friday. It may have been one of the reasons he agreed to conduct the photo lineup with the witness. It would not involve a special trip, making it convenient for all involved.

  But that was not the major reason he agreed to take over the investigation. It was because Scott Marino was the prime suspect in this crime. He knew this young man, and he could not imagine him capable of committing the act that Majewski had described. Carl believed himself to be a good judge of character and wanted in on the investigation so that he could be assured of the truth. He knew he was leaving himself open for criticism because of his past relationship with Marino, but he could handle it. He took the lead in the investigation not to exonerate Marino but to get to the absolute truth. If the facts led to Marino as the assailant, he would personally arrest him and see that he was brought swiftly to justice.