The Two-Witness Rule: A Novel

by William Eleazer

  “And what was that?” asked Carl.

  “I screamed as loud as I could. They waited until they saw someone running down the steps toward me, then they took off. I called 911 with the cell phone, like I was supposed to do, and told them I had been attacked.”

  Carl knew from the police report most of what happened after that but wanted to hear more about the two major players. “When did you see Ryan and Kevin next?”

  “After the police got through questioning me, I went to my room and waited. I guess it was about an hour later, Kevin came to my room to get me, and then we walked a couple of blocks to a side street where Ryan was waiting with the car. Then we drove straight back to Atlanta.”

  “Did they pay you the rest of the money?”

  “Yes, cash, when they dropped me off. And that was the last time I ever saw them. They told me to keep my mouth shut, and if anyone ever contacted me, I was supposed to say I was drunk and didn’t remember anything about it.”

  “Glenna, like I said, you are facing some serious charges. But we prefer to charge the two guys behind this, not you. But if you can’t help us locate them, you’re left holding the bag. You understand that, don’t you?”

  “I do, but I don’t know any more than I’ve told you. I’d never seen Kevin until he came with Ryan. And I don’t know their last names, and even their first names might not be real.”

  “You said you met Ryan a few months ago and he was a ‘client.’ You must have his phone number somewhere—it will be on your cell phone.”

  “My cell phone was stolen a couple of weeks ago. I’ve been using a friend’s house phone for my contacts. Ryan told me I could have the cell phone he took the car photo with, but the Savannah police took it.”

  Carl did not believe for a minute that her cell phone had been stolen, but he saw this conversation was going nowhere fast. He did have the cell phone that “Ryan” gave her, and since it was a new purchase, “Ryan” likely could be traced through the information that the cell phone number could provide. But it would take time, plus a warrant. He gave Glenna his card, with instructions to call him with any information that would help locate “Ryan” or “Kevin.” He made sure she understood that if they did not locate them, she would take the fall alone.

  Carl walked out of the room and placed a call to Frank to update him and thank him for locating Glenna and bringing her in.

  “Did you book her?” asked Carl.

  “No, just brought her in for you.”

  “Good. I’ll release her for now. Glad you know how to find her—may have to do this again soon.”

  ❖ ❖ ❖

  Carl drove home to Statesboro thinking of his next move. He would get a warrant to get the cell phone information from AT&T, the iPhone network carrier. Hopefully, that would lead to the ID of either Ryan or Kevin. And he had another plan—find the second vehicle. It was a black, 1984 Camaro Z28, identical to Scott’s. It was unlikely that Ryan or Kevin owned one, or any close friend had one that they could borrow. Glenna said she was first approached about three weeks ago, which means that it was either recently stolen or purchased. He would have one of his assistants check Georgia law enforcement interagency files for recently stolen Camaros and the Georgia DMV for recently sold or registered Camaros. That wouldn’t take long—not likely many black 1984 Z28s would be among them. But that assumed that the theft or sale occurred in Georgia. It could have occurred in any state and that would take longer. Internet auto trading sites might also turn up something—Autotrader, Cars.com, Carmax, etc.—easy to look for any make, model, and color. He would put someone to work on that also. What bothered him most was motive. Why would anyone go to this trouble to frame Scott Marino?

  Chapter Twenty-Four

  Thursday, August 14

  Early the next morning, back in Statesboro, Carl placed a call to Detective Majewski in Savannah and briefed him on the second interview with Glenna. They agreed that they should brief the DA as soon as possible and that Majewski would set up the appointment. Majewski called the DA’s secretary, Janna O’Meara, to set up the appointment.

  “I’ll check. Hold on.” She was back on the phone in less than a minute.

  “Mr. Magidson would like to see you this morning. Can you be here by eleven?”

  Statesboro was just over an hour away, so Carl would have time to drive down. “Sure. At eleven,” replied Majewski.

  ❖ ❖ ❖

  Carl and Majewski were called into the DA’s office promptly at 11:00. Present when they arrived were the DA and Felony Chief Joe Fasi. They shook hands and were seated. Carl knew both Magidson and Fasi, having previously worked with both of them.

  Magidson turned to Majewski. “I understand you have something new on the investigation you briefed us on last week.”

  “We do. As you suggested, I asked the GBI to assist and Special Agent DeBickero has taken the lead in the investigation. I think it best to get the update straight from him,” Majewski said, extending a hand toward Carl.

  Carl spent fifteen uninterrupted minutes explaining each step in the investigation, beginning with how he located Glenna, his first interview with her, the unexpected results from the GBI Forensic Lab in Decatur, and the second interview with Glenna.

  “It’s quite clear now that Scott Marino was not involved in this incident and that someone or some group devised an elaborate plan to set him up for a false arrest. Other than the female, Glenna Norris, we do not know who was involved, but we have begun to follow the evidence we have, and I believe we will be able to eventually locate all involved.”

  Neither Magidson nor Fasi spoke when Carl was finished. The DA turned to look towards a large window and the blue, clear sky outside. Fasi turned towards the entrance, his eyes focused on a photo of one of Savannah’s squares on the wall near the door. Their faces were expressionless. The room was completely quiet. Then Magidson turned to face Carl.

  “Who knows about this investigation?”

  “Those of us actually involved in it, of course,” Carl said. “And Sokol and Toups from the Forensic Lab. And the Atlanta police detective who helped locate Glenna Norris. But I cautioned everyone to keep this confidential. It hasn’t made it to any news media, I’m fairly sure.”

  “Good. And let’s keep it that way,” Magidson said. “I guess you two know how relieved I am to learn this young assistant was not involved. But we took some serious action against him that we now have to undo. We accepted the rather compelling evidence we heard in this office last week and relieved him without explanation of an important case he had been working on. Under the circumstances, I believe that was the proper action—and I would do it again with such evidence. But as it turns out we were wrong. And Joe, I believe you told me he took it very hard, especially since you couldn’t tell him the reason.” The DA stopped and looked at Fasi.

  Fasi nodded his head in agreement.

  Magidson turned again toward the large window. He stroked his chin for a long moment. “Joe, we have to make it right. We have to unring the bell. I’m not sure we can, but we have to try.”

  Magidson picked up his phone and dialed a number. There was a quick pickup on the other end.

  “Scott, this is Josh. If you don’t have a visitor with you—or a pressing trial matter—could you come to my office now?” There was a short pause, and Magidson turned to the others. “Scott is on his way here. I would like you two investigators to explain the events pertinent to the investigation from the beginning. I want him to fully understand the reasons why we took the action we did.”

  A few minutes later Scott entered with a pen and small note pad.

  “Scott, I know you are acquainted with these two gentlemen,” Magidson said, extending a hand in the direction of the two investigators. “And please be seated.” Scott took a seat in an arm chair next to Fasi.

  After a rather uncomfortable pause, Magidson co
ntinued, looking at Scott. “I know you have questions concerning your being relieved from the Gordon case, and I believe you are entitled to a full explanation. I was the one responsible for that action. I had received some disturbing news implicating you in a serious criminal investigation. I am pleased now to have learned that you were not involved in that incident. I’ve asked Carl and John to brief you on the information we received and the investigation that followed.”

  Scott had been sitting on the front of his chair, looking at Magidson as he spoke. As soon as he realized the full impact of what the DA was telling him, he sank back into his chair and quickly looked at DeBickero, then to Majewski and then back to Magidson, as his face tensed.

  Majewski began, detailing the information he had provided Magidson and Fasi the previous Friday, displaying the photo of the Camaro taken in front of the Henry Grady Inn and the photo taken of Scott’s Camaro at his apartment. Carl followed with the salient details of the investigation after he took over the lead, emphasizing the key work by the two GBI Lab employees who broke the case and his follow-up interview with Glenna who revealed how the hoax was planned and executed.

  Scott remained far back in his chair, listening intently, and even though he retained the small note pad and pen in his hands, he did not take any notes. He did not look at the investigators while they spoke and kept his head slightly bowed, his eyes seemingly focused on the bottom of the DA’s desk in front of him. He would frequently cross his arms for a few minutes, then unfold them and rest them on the arms of the chair. Fasi observed him closely, unsuccessfully trying to read his emotions. Whether he was pleased, angry, or resentful, he could not tell.

  When Carl finished, Magidson asked if Scott had any questions. After a long pause, he shook his head slowly and said he did not.

  “I know this has been a painful week for you, Scott, but I want you to know that this investigation has been held strictly on a need-to-know basis. Only Joe and I are aware of it—no one else in the office. And the investigators have been careful to ensure nothing about this has been available to the media. It should be considered as if it never happened. We want you to return to all the cases you had before this occurred. As I’ve said, it was me, not Joe, who removed you from the Gordon case. So, I’m sending the Gordon case back to you if you want it.” The DA looked at Scott for a reply.

  The reply did not come immediately. He shifted in his chair and turned his eyes to look out the window. He needed time to digest what had really happened. At first what the DA had done—and why—seemed to make perfect sense. Then it made no sense at all. They never got his side of the story before taking action to relieve him, which he now knew was just preliminary to firing him. If they could take such action so summarily, what did they really think of him and his character? Fasi knew him better than Magidson, had seen his work, had frequent, often daily contact, and had sat with him at Harrison’s murder trial. He did not speak at this meeting; Scott wondered if he had said anything at the previous meeting when the DA instructed Fasi to relieve him of the Gordon case. Did he now really want to get back into the Gordon case? Did he even want to continue in the DA’s office after being so summarily treated? In the last twelve months he had received two significant job offers from Savannah civil firms, both with much higher salaries, and he was sure he could easily find employment as a criminal defense attorney here. Or he could open his own firm. And he was sure he could find employment as a prosecutor in another jurisdiction. Taking the Gordon case and fitting back into the felony section with an overload of cases and the modest salary awarded assistant district attorneys was not his only option.

  Scott remained silent, still looking toward the window. The DA waited for a reply that did not come. Eventually, the DA looked directly at Scott and said, “I know this has been a tough week, and today we’ve given you a lot of facts to digest. So why don’t you think about it until tomorrow. Or take the weekend, and let Joe know by Monday if you want to take on the Gordon case. I believe you were lead counsel; that would again be yours if you decide you want it. Right, Joe?”

  “Yes, that’s right,” Joe replied.

  “Carl, I believe you were working that case with Scott,” Magidson said. “Anything new on it during the past week?”

  “Nothing new. And I’d be very pleased to see him back on the case. We work well together,” Carl said, with a broad smile in Scott’s direction. Scott returned a brief smile but still said nothing.

  “Sounds like a good team. Scott, let Joe know when you decide.” The DA stood, indicating the meeting was over.

  Scott was aware that some response was required, but all he could think to say was, “Thank you, sir.”

  Scott walked down the long hall to his office, and by the time he was seated behind his desk he had made up his mind. He would give two weeks’ notice on Monday.

  Chapter Twenty-Five

  Saturday, August 16

  Scott had his Camaro serviced on Friday in preparation for the trip to the Braves game. Saturday promised to be a hot muggy day in Savannah, with the high reaching into the low 90s and similar weather throughout Georgia. With a twenty-four-year-old vehicle, the air conditioning—and any of the other systems—could break anytime, and a malfunctioning air conditioning system would ensure a miserable trip, or even a cancellation. Scott was extremely conscientious in maintaining the Camaro. He trusted only a few mechanics to perform any work on it, one being Gus, an elderly gent at East Bay Motors. Gus had checked everything, with special attention to the air conditioning system, and declared the Camaro ready for the trip.

  Scott picked up Juri a little after 1:00 p.m. With the game scheduled to start at 7:00 p.m., they could have a leisurely drive up I-16 and then to I-75, make a couple of quick stops for gas and snacks, and arrive well before game time. Juri wanted to be there for the pre-game warmup and the national anthem—especially the anthem. He always watched the games on TV—or at least had the TV behind the bar tuned to the games—but the singing of the anthem was rarely shown, usually replaced with a beer or automobile ad. He had attended many Braves games over the years, and one of the highlights of a visit to Turner Field was to watch a celebrity stand in midfield and belt out his or her own rendition of the “Star Spangled Banner.” Some great, some less so, but all delivered with great courage and ardor and always appreciated by Juri.

  Scott had not planned to tell Juri of the Henry Grady Inn incident. Juri was not aware of his being relieved of the Gordon case or of anything involving the investigation. But with Scott’s decision to give his two weeks’ notice to the DA on Monday, Juri would soon find out. So why not? It seemed to be the perfect time and place.

  They were about a half hour into their journey and traffic was light. The cruise control was set. It was a beautiful sunshiny day outside—hot, but inside the Camaro, it was comfortable. The Camaro’s air conditioning system was performing just as Gus said it would. Scott began his story with Friday, the day Fasi informed him of his relief from the Gordon case. He explained that his relief came without explanation, even after imploring Fasi for one. Then he told of the examination at the Metro Police headquarters on Monday by Michael Kohl, and the two photos Kohl had of his Camaro, and again no explanation offered by Kohl of why he was being questioned.

  Juri was turned toward Scott, listening carefully, but not interrupting with questions. Scott occasionally turned to make eye contact or to emphasize something he felt important. He explained being called into the DA’s Office Thursday and finding Carl DeBickero and John Majewski there, along with the DA and Joe Fasi. He told Juri everything he could recall from that meeting. Juri listened intently but still asked no questions.

  “I’m turning in my resignation Monday,” Scott said, as he finished telling about Thursday’s meeting.

  Concern spread over Juri’s face, and he grasped his ear as if he wasn’t sure what was said. “Are you serious? You gonna quit?” Juri asked.

>   “I don’t like the word ‘quit,’ but I guess that’s what it is. I’m giving two weeks’ notice. My contract calls for that.”

  “What will you do?”

  “I’m not sure. I had a couple of job offers from civil law firms after the Harrison murder trial, but I’m not sure they’re still open. Morrie Goldman—he’s a senior partner in one of Savannah’s top firms—invited me in for an interview. Essentially promised me a job. Said in two years or less I would be making double what I’m making now. I’m not sure that’s what I want to do, but financially I would be better off at any civil firm than where I am now. Maybe I’ll open up my own criminal defense firm.”

  “But you won’t be leaving Savannah, will you?” Juri looked apprehensively at Scott.

  “No, I don’t plan on leaving Savannah, and can’t, at least not until Jennifer finishes law school next May. We’ll make that decision later. Next week, I’ll start looking for my next job, and it will be in Savannah or close by.” Scott paused just a moment, then added, “Do you want fries with your Big Mac?” Juri laughed along with Scott but then was silent for a long time before responding.

  “I sure am sorry this all happened. You seemed to like your job, and you were good at it. Any chance you’ll change your mind?”

  “Nah. I’ve given it careful thought. Neither the DA nor Fasi stood up for me when those accusations were presented. They just assumed they were true. I’ve been there for over two years, worked with Joe at trial, and he’s seen my work and observed my character. But some prostitute from Atlanta comes down for the evening, makes some false claim against me, and I get tossed without explanation. No, that’s not the place I want to work.”