The Witness boh-4

by W. E. B Griffin

  "I'm delighted," Matt said. "But we're going to have to stop meeting this way. People will start talking."

  "How's the pain?" she asked, pushing a rolling cart with bandaging material on it up to the bed.

  "It's all right now. It hurt like hell last night."

  "It's bruised," she said. "But I think you were very lucky."

  "Yeah, look at the nurse I got."

  "Have you ever used a crutch before?"

  "No. Do I really need one?"

  "For a couple of days. Then you can either use a cane, or take your chances without one. When I finish bandaging this, I'll get one and show you how to use it."

  "That's not a bandage, that's a dressing."

  "I'm bandaging it with a dressing," Lari said, and smiled at him again.

  It was, he decided when she had finished, a professional dressing. And she hadn't hurt him.

  "What happens now?"

  "I get your prescription to the pharmacy, get your crutch, show you how to use it, and presuming you don't break your leg, then-I don't know. I'll see if I can find out."

  Charley McFadden, in civilian clothes, blue jeans and a quilted nylon jacket, came in the room as Matt was practicing with the crutch.

  "Hi ya, Lari," he said, obviously pleased to see her.

  "Hello, Charley," she said. "What are you doing here?"

  "I'm going to carry Gimpy here to the Roundhouse. Can he operate on that crutch?"

  "Why don't you ask me?" Matt asked.

  "You wouldn't know," Charley said.

  "He'll be all right," Lari said.

  "Are you here officially?" Matt asked.

  "Oh, yeah. Unmarked car-Hay-zus is downstairs in it-whatever overtime we turn in, the works. Even a shotgun. And on the way here, I heard them send a Highway RPC here to meet the lieutenant. You get a goddamn-sorry, Lari-convoy."

  "When?"

  "Whenever you're ready."

  "When is that going to be, Lari?" Matt asked.

  "As soon as you get dressed," she said. "I'll go get a wheelchair."

  Matt was amused and touched by the gentleness with which Charley McFadden helped him pull his trouser leg over his injured calf, tied his shoes, and even offered to tie his necktie, if he didn't feel like standing in front of the mirror.

  Lari returned with the wheelchair, saw him installed in it, put his crutch between his legs, and then insisted on pushing it herself.

  "Hospital rules," she said when McFadden stepped behind it.

  "I like it," Matt said. "In China, they make the females walk three paces behind their men. This is even better."

  "You're not my man," Lari said.

  "We could talk about that."

  What the hell am I doing? Making a pass at her when two minutes ago I was wondering how I could get Helene back in the sack?

  Both Highway cops on duty at the nurse's station by the elevator greeted Matt by name, and then got on the elevator with them.

  Lieutenant Malone was waiting in the main lobby when the door opened.

  "There's a couple of press guys," he said to the Highway cops, nodding toward the door. "Don't let them get in the way."

  Matt saw two men, one of them wearing earmuffs and both holding cameras, just outside the hospital door.

  Lari rolled him up the side of the circular door.

  "End of the line," she said.

  Chief Inspector Dennis V. Coughlin came through the revolving door, trailed by a very large, neatly dressed young man whom Matt correctly guessed was Coughlin's new driver.

  "Morning, Matt," he said.

  "Good morning."

  "You two make a hand seat," Coughlin ordered. "Put him in back of my car. There's more room."

  Coughlin's official car was an Oldsmobile Ninety-Eight.

  "I can walk."

  "It's icy out there, and you're no crutch expert," Coughlin said.

  "Thanks for everything," Matt said to Lari. "I'll see you around."

  She crossed her arms under her breasts and nodded.

  Charley and Coughlin's driver made a seat with their crossed hands. Matt lowered himself into it, Coughlin pushed open a glass door and they carried him out of the lobby.

  "How do you feel, Payne?" one of the reporters called to him, in the act of taking his picture.

  "I'm feeling fine."

  "Any regrets about shooting Charles Stevens?"

  "What kind of a question is that? What the hell is the matter with you people?" Denny Coughlin flared.

  The interruption served to give Matt time to reconsider the answer-" Not a one"-that had come to his lips.

  "I'm sorry it was necessary," he said.

  Matt saw that he was indeed being transported in a convoy. There was a Highway Patrol RPC, an unmarked car(probably Malone's, he thought), Coughlin's Oldsmobile, and behind that another unmarked car with Jesus Martinez behind the wheel.

  They set him on his feet beside the Oldsmobile. Coughlin's driver opened the door, and Matt got in.

  "Let him sit sideward with his leg on the seat," Coughlin ordered. " McFadden, you ride in your car."

  "There's plenty of room back here," Matt protested. "Get in, Charley."

  Charley looked at Coughlin for a decision.

  "Okay, get in," Coughlin said.

  By the time Coughlin had gotten into the front seat, his driver had gotten behind the wheel and started the engine.

  Coughlin turned in his seat and put his arm on the back of it.

  "You haven't met Sergeant Holloran, have you, Matt?"

  "What do you say, Payne?" the driver said.

  "Thanks for the ride," Matt said.

  "You're McFadden, right?" Holloran asked, turning his head to look at McFadden. "The guy who ran down the guy who shot Dutch Moffitt?"

  "Yeah. How are you, Sergeant?"

  "While we're doing this, Matty," Coughlin said, "and before I forget it, Tom Lenihan called and asked if it would be all right if he went to the hospital, and I told him you had enough visitors, but he said to tell you hello."

  "Thank you."

  "There's been another development, one I just heard about, which is the reason I came to the hospital myself," Coughlin said.

  Bullshit, Uncle Denny. You wanted to be here.

  "What?"

  "Stillwell is going to run you past the Grand Jury."

  "I don't know what that means."

  "Once they take a case before the Grand Jury, and the Grand Jury declines to issue a true bill, that's it."

  "I don't know what that means, either."

  "It means the facts of the case will be presented to a Grand Jury, who will decide that there is no grounds to take you to trial."

  "That doesn't always happen?"

  "Normally, in a case like this, the district attorney will just make the decision, and that would be the end of it. But with Armando C. Giacomo the defense counsel-"

  "Who's-what was that name?"

  "Armando C. Giacomo. Very good criminal lawyer. Half a dozen one way, six the other if he or Colonel Mawson is the best there is in Philadelphia."

  "You never heard of him? "Charley McFadden asked, genuinely surprised, which earned him a no from Matt and a dirty, keep-out-ofthis look from Coughlin.

  "The assistant DA, Stillwell, or maybe Tom Callis, the DA himself, is probably worried that Giacomo will start hollering 'police whitewash' or 'cover-up.' Giacomo couldn't do that if you had been before the Grand Jury and they hadn't returned a true bill. You understand all this?"

  "I think so."

  "It gets a little more complicated," Coughlin said. "I called your father as soon as I heard about this, and he said Colonel Mawson would be in the Roundhouse for your interview."

  "Good."

  Whatever the hell this Grand Jury business is all about-it never came up when I shot Fletcher-I am very unlikely to get screwed with J. Dunlop Mawson hovering protectively over me.

  "Maybe good and maybe not," Coughlin said. "If you had done something wrong, t
hen having Mawson there to protect your rights would be fine. So let me ask you again, Matty, you already told me, but let me ask you again: You didn't shoot at Stevens until he had shot at you, right?"

  "Right."

  "Did you shoot at him before or after you got hit?"

  "After."

  "You're absolutely sure about that?"

  "Absolutely."

  "And that's what Mickey O'Hara will say?"

  "He was there. He saw what happened."

  "That being the case, you have done absolutely nothing wrong," Coughlin said.

  "I already had that figured out," Matt said, which earned him a pained look.

  "Let me tell you how this works, Matty," Coughlin said. "You have civil rights, even if you are a cop-"

  Well, that's nice to know.

  "-in other words, when you are interviewed by Homicide, you don't have to say anything at all, and you have the right to have an attorney present. Miranda. You understand?"

  Matt nodded.

  "Some cops, if they're worried, will want a lawyer. The FOP will provide one. If you figure you need one, you could have an FOP lawyer. Or Colonel Mawson-"

  What the hell is he leading up to?

  "-but on the other hand, you don't have to have a lawyer. Just answer the questions in the interview as honestly as you can."

  "Are you telling me I shouldn't ask for a lawyer?"

  "I'm telling you that Armando C. Giacomo, if you have a lawyer, especially if you have Colonel Mawson, is probably going to try to twist that around so it looks as if you were reluctant to tell the Homicide people what really happened, to make it look as if the only reason you didn't get indicted by the Grand Jury is because Mawson was there when you were interviewed."

  "Youare telling me I should tell Colonel Mawson 'thanks, but no thanks'?"

  "I'm telling you that you have to make up your mind what's best for you and the Police Department."

  Jesus H. Christ!

  STATEMENT OF: P/O Matthew Mark Payne, Badge 7701

  DATE AND TIME: 1105 A.M. Jan. 5, 1973 PLACE: Homicide Bureau, Police Admin. Bldg.

  CONCERNING: Death by Shooting of Charles David Stevens, aka Abu Ben Mohammed

  IN PRESENCE OF: Captain Henry C. Quaire; Detective Kenneth J. Summers, Badge 4505

  INTERROGATED BY: Det. Alonzo Kramer, Badge 1967

  RECORDED BY: Mrs. Jo-Ellen Garcia-Romez

  I am: Detective Kramer of the Homicide Bureau

  We are questioning you concerning: your involvement in the fatal shooting of Charles David Stevens, also known as Abu Ben Mohammed. We have a duty to explain to you and to warn you that you have the following legal rights:

  A. You have the right to remain silent and do not have to say anything at all.

  B. Anything you say can and will be used against you in court.

  C. You have a right to talk to a lawyer of your own choice before we ask you any questions, and also to have a lawyer here with you while we ask questions.

  D. If you cannot afford to hire a lawyer, and you want one, we will see that you have a lawyer provided to you, free of charge, before we ask you any questions.

  E. If you are willing to give us a statement, you have a right to stop anytime you wish.

  ****

  Q. Do you understand that you have a right to keep quiet and do not have to say anything at all?

  A. Yes, I do.

  Q. Do you understand that anything you say can and will be used against you?

  A. Yes, I do.

  Q. Do you want to remain silent?

  A. I'll tell you anything you want to know.

  Q. Do you understand you have a right to talk to a lawyer before we ask you any questions?

  A. Yes, I do.

  Q. Do you understand that if you cannot afford to hire a lawyer, and you want one, we will not ask you any questions until a lawyer is appointed for you free of charge?

  A. Yes, I do.

  Q. Do you want to talk to a lawyer at this time, or to have a lawyer with you while we ask you questions?

  A. I don't want a lawyer, thank you.

  Q. Are you willing to answer questions of your own free will, without force or fear, and without any threats and promises having been made to you?

  A. Yes, I am.

  Q. State your name, city of residence, and employment?

  A. Matthew M. Payne, I live in Philadelphia, and I am a police officer.

  Q. State your badge number and duty assignment?

  A. Badge Number 7701. Special Operations Division.

  Q. What is your specific assignment?

  A. I am administrative assistant to Inspector Wohl.

  Q. That is Staff Inspector Peter Wohl, commanding officer of the Special Operations Division?

  A. That's right.

  Q. Were you on duty at approximately five A.M. January 4 of this year?

  A. Yes, I was.

  Q. What was the nature of your duty at that time and place?

  A. Inspector Wohl ordered me to accompany Mr. Mickey O'Hara of the Bulletin during an arrest that was taking place.

  Q. That is Mr. Michael J. O'Hara, a police reporter employed by the Philadelphia Bulletin?

  A. That's correct.

  Q. Were you in uniform and armed at this time?

  A. I was in civilian clothing. I was armed.

  Q. Why were you in civilian clothing?

  A. I am in a plainclothes assignment.

  Q. You do not then normally wear a uniform on duty?

  A. No, sir.

  Q. With what type weapon were you armed?

  A. A Smith amp; Wesson Undercover revolver.

  Q. That is a five-shot.38 Special caliber short-nosed revolver?

  A. Correct.

  Q. Was that weapon issued to you by the Police Department for use in your official duties?

  A. No.

  Q. Where did you get that revolver?

  A. Colosimo's Gun Store.

  Q. That revolver is your personal property?

  A. Yes.

  Q. Have you been issued a revolver or other weapon by the Police Department for use in your duties?

  A. Yes.

  Q. Since you were on duty, why were you not carrying that weapon?

  A. I have permission to carry the Undercover.

  Q. From whom?

  A. From Inspector Wohl.

  Q. For what purpose?

  A. It's easier to conceal, more concealable, than the Police Special.

  Q. The Police Special being the.38 Special Caliber Smith amp; Wesson Military and Police revolver with four-inch barrel issued to you by the Police Department?

  A. Yes.

  Q. Have you undergone any official instruction, testing, and/or qualification involving the Smith amp; Wesson Undercover revolver with which you were armed on January 3 of this year?

  A. I went through the prescribed course at the Police Firearms Range before I was authorized to carry the Undercover revolver.

  Q. With what type of cartridge was your Undercover revolver loaded at the time and date we're talking about?

  A. Standard Remington.38 Special cartridges, with a 158-grain round nose lead bullet.

  Q. Where did you get that ammunition?

  A: It was issued to me.

  Q. It is the standard ammunition prescribed by regulation for the Undercover revolver?

  A. So far as I know, for both of them. The Military and Police and the Undercover.

  Q. What were your specific orders in regard to Mr. O'Hara?

  A. Inspector Wohl told me to take Mr. O'Hara to Lieutenant Suffern.

  Q. That is Lieutenant Edward J. Suffern, who is assigned to Special Operations?

  A. Yes, sir.

  Q. Go on.

  A. Inspector Wohl told me to take Mr. O'Hara to Lieutenant Suffern, and to tell him that he had authorized Mr. O'Hara to accompany Lieutenant Suffern during the arrest, but that Mr. O'Hara was not to enter the building where Stevens was until he had been arrested.

&nb
sp; Q. Who is Stevens?

  A. Charles David Stevens. Also known as Abu Ben Mohammed. A warrant had been issued for his arrest in connection with an armed robbery and murder at Goldblatt's furniture store.

  Q. Were you charged with serving this warrant?

  A. No. It was to be served by a Homicide detective, backed up by men under Lieutenant Suffern.

  Q. You took Mr. O'Hara to Lieutenant Suffern?

  A. Yes, I did.

  Q. And then what happened?

  A. Lieutenant Suffern said that Mr. O'Hara and myself should accompany him. When the time came, we got in his car and went with him.

  Q. Where did you go with Lieutenant Suffern in his car?

  A. To the alley behind Stevens's house.

  Q. I now show you a map of the Frankford area of Philadelphia. Would you please mark on the map where you were taken by Lieutenant Suffern?

  A. All right. (See Map marked as Attachment I.)

  Q. And then what happened?

  A. Mr. O'Hara got out of the car.

  Q. Why, if you know, did Mr. O'Hara get out of the car?

  A. He said he didn't want his camera lens to become fogged as he was afraid it might if he jumped out of the car when the arrest was made.

  Q. Go on.

  A. I got out of the car too.

  Q. Did you have Lieutenant Suffern's permission to do so?

  A. My orders were to accompany Mr. O'Hara. So I got out of the car too.

  Q. What comment, if any, did Lieutenant Suffern have about either of you getting out of the car?

  A. I seem to recall he told Mickey, Mr. O'Hara, to stick close to the wall.

  Q. What, if anything, did you or Mr. O'Hara do at this time?

  A. Mr. O'Hara wiped the lens of his camera with his handkerchief.

  Q. And what, if anything, happened next?

  A. I heard noise, what sounded like wood breaking, in the alley in the direction of Stevens's house. After a moment, I detected movement in the alley.

  Q. Had you, at that time, drawn your weapon?

  A. Not drawn it. I had taken it from my ankle holster and put it in my overcoat pocket.

  Q. Your weapon, was it in sight or not?

  A. No. It was not.

  Q. Why did you take your weapon from its holster and put it in your pocket?

  A. Because I thought I could get at it easier that way if I needed it.

  Q. Then you anticipated having need of your weapon?