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CHAPTER 25
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One year later, the first day of the Prosecution’s Case in
The United States of America
VS James Devon
AFTER-PARTY: South Bend PUB
Roger had received an invitation to attend an after-party at the PUB, on the eve of the prosecution’s first day of trial. It was a celebration of Devon finally getting justice. Everyone from the case would have to be in the area for testimony a while once the trial started. In the invitation had been a hand written letter from Joy. Highlights of the last year were, Sandy found out her trust was actually worth more than one hundred million. She had given the City of South Bend five hundred thousand dollars to reimburse for police costs in catching her ex-husband. The FBI is prohibited from accepting personal donations, but allowed their employee’s participation in the huge college fund Sandy established for the children of law enforcement personnel.
Sandy had also purchased Nettie’s house from Joy and Jack for much more than it was worth, so they would feel financially comfortable. She also bought the PUB, gave it to Jack, and is providing five years free professional advice from business and financial people she uses. She gave a million dollars to the Humane Society and built them a huge new facility. The list went on and on….
Jack was still not drinking and was taking college classes in business. Roger shook his head through the whole letter, but especially that part. Joy had quit her job and was the cook at the PUB. Sandy helped cook and waitress when needed. Her money really meant nothing to her other than allowing her to do what she really wanted in life. Sandy and patrolman ‘Basement John’ were engaged.
Roger pulled into the parking lot and could see that a large addition had been added to the building. There were also new parking lot lighting and signage. He walked in and saw Paul and Ashley at the end of the bar. Roger gave Ashley a kiss on the cheek, and Paul a gentle slap on the back. “Hey Paul, how you been?”
Paul nodded, “Okay, how about you?”
Roger nodded looking at the TV news, “You know, I don’t want to jinx this, but my gut has been churning all day thinking about this trial starting.”
Paul looked at him, “Wow! I was afraid to say anything. I don’t feel right either.”
Larry came over and shook Roger’s hand. “I never saw you again after you guys solved this thing… good job!”
Roger said, “Thank you.”
Paul piped up, “Larry is the new manager of the PUB.”
Larry interrupted, “HUGE salary!” They were all laughing. He handed them menus and pointed to the wall behind him that said, “TIPS NOT ALLOWED” Then Larry explained, “The wait staff is on good salaries and benefits too. He was pointing at the menu, “If you notice there are only prices for the booze… look here,” and he pointed to a big line that said Pay Unless Broke… PUB. Leave what money you feel the food was worth or what you can afford when your waitress clears your table.”
Roger asked, “How is that working out?”
Larry smiled, “You know it’s funny. We have people who never can pay for their food. Sometimes they come around and volunteer to do some work. People who make up for it next time they are here. Most people overpay because they think it’s cool. Business manager says he’s never had a new restaurant this profitable… so I guess for us, it works!”
Just then Jack came out of the kitchen and yelled, “Roger! Paul!” He came around the bar and hugged them both, “Man what a year, huh?” Jack couldn’t smile any bigger.
Roger said, “Did I hear you are going all college on us?”
Jack was nodding his head “Yup, Yup. You know the kids now days are so smart!”
Jack said, “I’ll have Joy and Sandy come out and say “hi” when they catch up, they’re cookin’.”
Paul looked shocked. He knew Sandy was extremely wealthy now, “Sandy cooks here?”
Jack said, “Yeah, she likes it. Not every day. She goes to the Mission a lot too.”
Then he said, “This a cop bar, did you know that? Got a funny story. Not long after we opened up, about an hour before closing, this kid in a hoodie comes in. I’m bartending, and he says, ‘This a stick up,’ with his finger in his pocket, you know. And I said, just like the movie, ‘This is a cop bar.’ And everyone in here pulls a gun on him. ‘Bout shit his pants. I asked him if he needed money for drugs or food. He says food. So I showed him I don’t charge anyway. Freaked him out! He’s my dishwasher. Hey Jimmy, come here!”
A young man, clean cut, came out of the kitchen, “You better not be tellin’ that story again. I’ve got work to do!” Jack waved him away. Paul and Roger laughed so hard they were wiping tears.
Roger noticed Kim come in. He got up, gave her his stool, a kiss, and introduced her to Ashley. Paul noticed Roger had his hand on her shoulder quite a while. Yup, he thought that might go that way. Ashley asked Kim, “How do you know Roger?”
Kim looked at Roger, smiled, and then said, “A long time ago we shared a cat.”
United States of America VS James Devon: Day 2 Prosecutors Case: First Witness
The prosecutor glared at the defendant’s table, the defendant in particular. The witness on the stand tried to keep from laughing… this was better than he expected. The judge pounded his gavel and the prosecutor asked for a hearing in the judge’s chambers. The judge cleared the courtroom and brought in extra security to watch Devon.
“Just what the hell do you think you are doing out there?” the judge shouted once they were all in chambers.
The defense attorney was clearly shaken. “Sir, I had no idea Patterson was going to say that! I don’t know what is going on. He’s a prosecution witness!”
The judge looked at the prosecutor, “Has there been any opportunity for Devon to pull something? What are we doing here?” William Patterson, witness for the prosecution, had just stated in open court that the man at the defense table was not James Devon. The prosecutor was ready to slug someone.
The judge fell back in his seat and stated he was going to declare a two day recess, so the fingerprints and DNA of Devon could be double checked, again. “While you are at it double check that asshole Patterson too! I’m going to find out what the hell is going on, and there will be hell to pay!” The judge told them to leave his chambers, and he would be in the courtroom shortly.
Roger was driving to the courthouse. He was scheduled to testify mid-morning. His phone rang, “Agent Dance…. WHAT? I’m five minutes away.” He checked his phone list and dialed Paul.
Paul picked up on the first ring, “It’s all over the news.”
Roger asked, “How soon can you be at the courthouse?”
“I’m about ten minutes away.” Roger declared he would be with Devon.
Roger parked in the underground garage and entered the courthouse through the secured stairwell. The national news vehicles had dominated the exterior of the courthouse grounds even before this surprise declaration of William Patterson. Now it was a full blown circus. Roger made his way through the halls by holding his badge up and saying FBI whenever someone official looked like they wanted to question him. He was practically running.
Roger made it to the holding room and pushed his way in. The man sitting at the table in a black suit looked up and grinned at him. There was no recognition in his eyes or Roger’s. It wasn’t James Devon. A good look alike, but it wasn’t James Devon. Roger sat across from him and demanded the room be cleared of everyone but one guard, the defense attorney, and whoever this man was. For a moment it felt as if the room was spinning. Roger took a deep breath and asked, “How long has he been gone?”
Paul was waiting outside of the holding room. He couldn’t believe it was just last night they were all celebrating Devon’s trial beginning. Roger came out to the hall and motioned to Paul. They walked over to a small area that had a window looking down on the parking lot. The chaos below was surreal and growing. Roger spoke first, “If you don’t mind, I n
eed you to line up at least two agents to help us. I need you to interview this defense attorney, the guards, any prison staff who would have had contact with Devon, and get the surveillance tapes from February 15th to now.” The silence between them was deafening.
Paul didn’t even try to hide his shock, “That isn’t Devon? He’s been gone since February?”
Roger choked, “Yeah, probably both of them, Patterson too. This attorney said he was called in to represent Devon in February and first met him February fifteenth. The man in there, Daniel Warren, was the man this attorney met with. Devon was already gone. And Paul, I am going to negotiate a transfer of this piece of shit to here, at the Indy Office, for interrogation. I will set us up there. I would like it if you could be with the transport.”
Paul answered, “No problem. Are you okay?” Roger was feeling sick to his stomach, said no, and excused himself to run into a nearby restroom. Paul worried that either one of them could have a stroke from this damn case.
Roger was back after a few minutes and apologized. He looked a little pale but said he was fine. Then he said, “I just can’t bring myself to think about what they have been doing for the last eight months. How many….?” He couldn’t finish. Paul told him he would start with the interviews and for Roger to concentrate on working out something with the DA for getting custody of the prisoner.
Roger was worried about Paul and asked, “Have you talked to Ashley?”
Paul rubbed his chin and said, “Oh God no…. I haven’t.” Paul had heard that Ashley wasn’t the same after her experience with Devon last year. He had tried to stay close but Ashley had seemed to shut down. He had seen her last night at the ‘After Party’ but she hadn’t stayed very long, and she did seem distant.
“You can be sure she knows. I’d give her a little time. Then let her know we are on it. Damn this sucks!”
Roger walked away. He went looking for the DA and the prosecutor. He found them in the courtroom chambers where they were huddled over a stack of files and talking in low tones very animatedly. Roger didn’t have to introduce himself. They had established a very close working relationship during the case to catch Devon and Patterson.
The DA invited him to join them and said, “This is just some kind of trick to delay the trial! You were the lead agent on this…”
Roger interrupted him, “That is not James Devon in the holding room.” The prosecutor and the DA looked stunned. Even with the courtroom accusation, they didn’t for one minute believe that James Devon was not the man in the defendant’s chair. He had been in federal custody since his arrest in December of last year.
“How the hell can that be?” The prosecutor was standing now, his neck beet red.
Roger gave him a moment and said, “Obviously there are a lot of questions to be answered. But the man in the holding cell is Daniel J. Warren, not James Devon. He has a proposed deal for you.” Roger handed the offer to the DA. The DA took the paper and read it. He was grasping it so tightly that Roger thought it might tear.
“This is crazy!”
Roger told them what the defense attorney had said and finished by saying that it appeared this had been the plan all along. That ‘somehow’ Devon was able to get Daniel Warren, the man posing as Devon, to disguise himself as an attorney, switch out clothes with him in the law library at the prison, and Devon just walked out of the jail in February. He has had eight months to cover his tracks.
Roger finished with, “I have never met with William Patterson, but I would bet money he’s gone too. Even though he has been in a different prison, they are all basically the same. Especially when the defendant is representing himself at trial, they are afforded special privileges to protect their rights. These guys are rich, and smart, and probably had this all worked out before their arrests. I have a feeling that the law firm that contacted this attorney is in on it, if there is such a firm.” Roger continued, “Obviously this is an open case again. I am going to need full access to prison staff and records now. We won’t know the particulars of what has happened until later. Right now, I’m telling you, Devon is gone.”
The DA and the prosecutor just looked at each other. The media nightmare waiting outside would be a picnic compared to the governor’s office. Roger pressed forward, “I need you to do that deal, now. I need every piece of information I can get from this guy, and whoever is pretending to be Patterson.” The prosecutor excused himself to go puke. This case was the largest case of its type in memory and maybe in United States history. To admit the killer had escaped, and they didn’t even know until trial, was unbelievable.
The DA sat looking at Roger. Neither could speak for a while. They both were remembering the horrible nightmare caused by Devon and Patterson: thirty- one dead women, two hostages, one starvation survivor. The largest federal fraud case in Indiana history at Commons National Bank. The manpower, months of accumulating mountains of evidence for the jury, the jury selection, and finally… finally the trial. The second day of the prosecutor’s case, first day for witnesses, and this? It had been a full year of preparation under national media scrutiny. The DA’s office had prepared a text book case. The staff had sacrificed beyond what anyone could have expected. The driving force of their dedication had been the knowledge that they were bringing evil to justice.
The worst part, Devon had been free for eight months. He had to be caught, again.
Hundreds of miles away Devon was laughing. This was worth the two months he had spent in jail. He placed a call to William, “You watchin’ the news?”
Jack Simpson and Joy Covington stood at their bar with customers watching. They grabbed each other as they listened to the news and broke out wailing. Sandy had been in the kitchen and came out to see what was wrong. She listened to the TV for a minute and grabbed Joy to keep from fainting.
Judge Ashley Tait had been presiding on the bench in another trial when she was handed a note by her bailiff. She called for a recess and was now in her chambers crying. The monster that had kidnapped and raped her, was free.
Chief Edgar Doyle, South Bend Police, had his head in his hands as he sat at his desk. Outside his office, time had stopped. Everyone was huddled around the television in the conference room. His phone was ringing. His arm felt like concrete as he reached to answer it. It was a reporter wanting a statement.
The warden from the prison was told by his assistant to turn on CNN. He couldn’t believe what he was hearing. Surely this was some kind of trick? Nobody escapes from his prison.
Kim had been on break at the casino. She was watching the news. She wondered if her mom knew what was happening. She couldn’t believe this evil man was free. Oh my God… Roger!
The prosecutor was back across the street at the Justice Building. His staff was silent, standing like soldiers, waiting to hear that this was some sort of trial trick, that surely Devon wasn’t free?
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CHAPTER 26
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We were all in the stupid NINJA angel class (my nickname). Teresa was the only one that could get the stupid mannequins to move right. It looked like some kind of stupid drunken aerobics’ class. Linda and Mary were trying to dance. I had given up and was sitting on the floor. I know we need to learn how to move mortal mass if we were ever going to pass this class, but I still think our little ‘group’ could function with just one NINJA, Teresa. I got back up to give it another shot. It would have been easier if the mannequins didn’t all have this look of shock on their overly painted faces. Only Teresa’s had hair. I got into the mannequin okay, I just couldn’t get the hips to move. It looked like I was marching. Ellen had said that real mortals would be harder because we would be fighting their “will.” Oh goody- goody.
Teresa yelled for us to watch her. She was doing some kind of Michael Jackson “Thriller” dance move, so we got behind her and tried to copy what she was doing. Being in front of the wall of mirrors helped some, but I don’t see this ever being a hit video.
Ellen showed up a
nd turned off our music. “Hey gals, I need you to come over here.”
She sat on a bleacher that appeared from nowhere and looked pretty serious. After we had all gathered around (we were still in our mannequins) she said, “I have really bad news…”
Okay, here it is. I was expecting this. We had done so awful in this class they were going to kick us out of Heaven after all. I felt bad now because it was probably my fault. I was having an attitude problem with this whole Ninja thing.
Ellen continued, after giving me a look. “James Devon escaped from prison eight months ago. So did William Patterson.”
What? We couldn’t believe it!
“Does Roger know?” Teresa asked.
Ellen answered, “Yes, they all found out today at trial. It’s all over the news.” Ellen continued, “Yes, before you ask, we did know this was the plan, but there are more important things we do than to monitor mortals. However, it does mean that our assignment really isn’t completed.” Ellen exhaled and shrugged her shoulders.
Mary asked, “I know we have been taking classes for almost a year, and we are a lot better at some things. But this NINJA stuff…”
Ellen said, “I know. This assignment was a tough one for me too because we really didn’t think it would result in so many challenges that you weren’t ready for. Still aren’t ready for!”
I asked Ellen, “Will we be able to help Roger and Paul find out where these guys are and catch them?”
Ellen nodded emphatically, “Absolutely! In fact, they need you now more than ever! We need to implant new filters for you in case Betty and I can’t get to you quickly enough. These men are evil. You all still retain a great deal of your mortal minds. The risk is certainly present that you will be in harm’s way or put a mortal in harm’s way unintentionally.”
Alcohol Was Not Involved : A Shallow End Gals Trilogy Page 25