by Denise Irwin
“It’s nice to meet you Neal. Thank you for letting me, stay in your home.”
This giant football-playing dentist laughed, “Any friend of Sam and Leona becomes a friend to Sue and me by default.”
“Neal, I’ll bring you a beer, I need to check dinner.”
“Thanks Babe.”
Sue returned from the kitchen and asked, “It’s such a beautiful evening I’m thinking of serving dinner on the porch, does that sound like a good idea?”
Cassie and Neal agreed that it was a great idea. “Let me go wake the slumbering couple.”
Cassie was flabbergasted at how a simple dinner took the stress out of her body. She hadn’t had this much fun in a long time. She made a vow to herself that wherever life led her it would be full of good friends.
After dessert, the five sat around the table on the porch and told jokes until well after dark. Sam finally stood, “While we would love to stay, I’ve got an early morning and Leona’s back in the office. Cassie, please walk with me to the kennel to collect my mutt.”
“I need to help Sue clean up the dinner mess.”
Leona smiled, “I’ll do that. Go walk with Sam,” her intuition told her Sam wanted to talk to Cassie alone.
As Leona carried stray dessert plates and coffee cups into the kitchen, she apologized to Sue again. “After all you’ve done for Sam; I have to apologize again for not including you and Neal on our guest list.”
“Judging by what little I know about the case, the two of you were too busy to think of much else. I’m not offended, but you can bet your sweet little ass, we better be there when it happens.”
When Sue wagged a finger at her, Leona giggled, “Yes ma’am, that’s a promise I plan to keep.”
While Leona and Sue loaded dishes into the dishwasher, Sam asked Cassie when they were alone in the kennel, “You gonna be okay staying with Neal and Sue?”
“Be okay? I may never leave. They are wonderful people, but before you leave, are you sure you don’t want me to go with you back to New Jersey for the arraignments?”
“Woman, are you out of your fucking mind? You know this stuff, so why are you asking me if I want you to go? It’s only the arraignment stage. There will be a probable cause hearing for the new charges gathered after the Judge signed a search warrant. If he ends up going before the Grand Jury, you’ll need to appear then, along with the trial. Until then, you need to cool your heels.”
“Then Investigator Marksman, please explain to me why you’re going if it’s so dangerous? “
“A part of it could be pure ego, but I honestly need to know what you’ll be facing when you’re called to testify. If you want to call your family, use Sue’s phone or Leona’s. I’d also be comfortable with Leona showing you where we live. Fells Point is a great little community, but I would like to see that blonde hair of yours dyed another color if the two of you plan to head out in public.”
“Tell you what; I’ve always wanted to be a red head.”
It took a half hour to finish the rounds of hugs and kisses along with everyone thanking each other for a great evening before Leona, Bailey and Sam climbed into the car.
As they drove home, Leona asked, “Is Cassie okay?”
“She’s fine.”
“What did the two of you talk about when you went to the kennel?”
“I told her if she was a good girl, you would dye her hair and take her to visit Fells Point. She wants you to dye it red.”
“She wants me to dye her hair red? I’ve never dyed my own hair. I don’t know how to dye hair.”
“I’ll bet there are instructions on the box. Pick some up after work. Don’t they sell that stuff in the grocery store?”
Reluctantly, she responded, “Yeah, they do.”
Chapter Nine
October 2001
Sam kissed his sleeping soon-to-be-bride goodbye as he left for New Jersey. Before getting on the interstate, he stopped at a convenience store where he grabbed a cup of coffee and some donuts.
Sam found Detective Marshal Bradley talking with Glen Englar in front of the Federal Building. “Good morning gentlemen.”
“Inspector Marksman, trust me I’m hoping it’s going to be better than good. How’s your girl doing?”
“Detective, you may have to clarify which of my girls you are referring to. I now have three women to worry about.”
Englar laughed, “Did you pick up a hitch hiker on the way home.”
“That might have been a good idea. Cassie’s doing fine, a little too fine in my mind. Leona is fine and was sleeping when I left the house.”
“So, who’s the third woman?”
“She’s a good friend who’s babysitting Cassie.”
Sam, Englar, and Bradley entered the courtroom where they sat in the last row. They watched as two Deputy US Marshals led the defendant into the courtroom. Grossman was dressed in an orange prison outfit. He had handcuffs and ankle bracelets. The Deputies held onto Grossman’s arms as they shuffled him to the defense table.
Bradley whispered to Sam and Glen, “Grossman’s attorney is Tony LoVerde. He’s a well-known defense attorney for the mob. I see Farlow’s also here.” Bradley nodded to the agent.
The Assistant US Attorney entered the courtroom and took his seat at the prosecutor’s table.
Bradley whispered to Sam and Glen, “That’s Assistant US Attorney Philip Smyth. He’s young, but he’s extremely aggressive.”
Everyone in the courtroom rose when Judge Frederick Schofield entered and took his seat on the bench.
“Mr. Smyth, please present the charges against Mr. Grossman.”
Smyth stood to address the Judge. “Your Honor, The US Attorney’s office charges the defendant with Attempted Murder of an FBI Agent, namely Cassandra Henson, under Title 18 USC Section 17. Smyth took his seat. “Thank you Counselor”
“Mr. Grossman please stand.”
LoVerde stood next to his client.
“How do you plea to the charge of Attempted Murder of an FBI Agent?”
“Not guilty.”
“You and Mr. LoVerde may sit. Mr. Smyth, does the government have a recommendation for bail?”
“Yes Your Honor, it does. We request that the defendant remain in custody, without bail. It is the government’s belief that the defendant is a flight risk.”
“Thank you Counselor. Mr. LoVerde, do you have anything to offer that would allow the Court to consider setting bail.”
“No, I don’t, Your Honor.”
“The defendant, Bruce Grossman, will remain in custody without the privilege of bail. Counselors thank you. We are adjourned until the Probable Cause Hearing scheduled for…” Schofield leaned toward his Clerk, for the date, “tomorrow, October 10, at 10:00 am.”
Sam watched the deputies escort Grossman out of the courtroom. He barely hid his hostility for the defendant.
As they descended the courthouse steps, Bradley checked his watch and told them, “It’s not even 9:30, so there’s plenty of time to stop on the way to the State District Court and grab something to eat and a cup of coffee. Sam, I heard your stomach growling in the courtroom.”
It was a solemn breakfast. Sam was inside his head hoping the State Judge followed suit and remanded Grossman back into custody. Not that it mattered since the federal judge had him remanded, but Sam liked to think that with two judges in agreement, that would create additional anxiety for Grossman. Englar had never attended arraignment hearings, so he wondered to himself what to expect in the next hearing. Bradley sat trying to estimate how long the next hearing would take. He still had paperwork to complete and wanted to get home at a decent hour to have dinner with his family.
Sam checked the time on his cell phone, “Hey guys it’s time to pay the bill and head the state courthouse.”
Sam, Bradley, and Englar took their seats in the last row of the state courtroom. Glen sat between Sam and Marshal. When two State Police Offers brought Grossman into the courtroom, Sam thought he looked
like a man going to his execution and that thought generated a smile on Sam’s face. AUSA Smyth entered the courtroom and took a seat in the last row across the aisle from them.
Sam whispered across Glen to Marshal, “What do you know about the ADA?”
“Frankel’s young and lay back, but he’s a helluva litigator. Juries love him.”
Everyone stood when Judge George Krank entered the courtroom and took his seat on the bench. He waved his hands for everyone to sit.
“Mr. Frankel, is the State prepared to present the charges?”
“Yes it is.”
“Proceed then.”
“The State charges defendant Grossman with Rape under Title 2C:14-2.”
“Will the defendant Bruce Grossman please stand.”
LoVerde stood beside his client.
“Mr. Grossman how do you plea to the charge of Rape under Title 2C:14-2?”
“Not guilty.”
“Is the State prepared to make a bail recommendation?”
“It is Your Honor. The State recommends no bail be set. We believe the defendant is a flight risk. Additionally the charge of Rape requires that the State plea the Court to remand the defendant to remain in custody due to the severity of the crime.”
“So be it. Mr. Grossman, you are remanded into custody. The Court is available tomorrow, October 10, at 1:00 pm for the Probable Cause Hearing. We are adjourned until that time.”
As they walked out of the courtroom, Marshal said, “I’m heading back to the office. I just might get enough work done, so that I can have dinner with my family this evening. I’ll see you guys tomorrow.”
As they walked to the parking lot, Glen said to Sam, “Let’s go grab some lunch. I need you to explain what today was all about.”
After placing their lunch orders, Glen asked Sam to explain, “I don’t really know how the justice system works. There were two arraignments, one for the federal charges and one for the state charges, right?”
“That’s right.”
“An arraignment doesn’t mean much other than to establish the charges and bail, is that right?”
“That’s right again.”
“So, what happens tomorrow with these probable cause hearings? I thought they came before an arrest.”
“They do. Do you remember when we left Grossman’s house and you took me to a pub on the way back to the casino?”
“Yes.”
“Bradley and Farlow were going to their respective courts to present probable cause for search warrants.”
“Then, why are we going back into court for probable cause tomorrow?”
“To provide the judges involved probable cause for the additional charges. It wasn’t until they went back into the house that they found the boxes of cash. They also gathered evidence about the bomb and firearms. The FBI ran the fingerprints I gave them. Those prints nailed Grossman to the wall. He’s a convicted felon who’s also associated with the mob. There’s no way he’d be considered for any law enforcement position.”
“Will they want Cassie to testify at the trial?”
“Yep, she’s the key witness.”
“So, that means bringing her into court.”
“Maybe not, I’d like to make the recommendation that she testifies through a computer teleconference. If I can get everyone to agree to that, we’d be able to keep her safehouse secure. If they fight it, we’ll figure something out. I’ll be damned if I’ll give whoever’s behind this the opportunity to complete the hit.”
Sam took his dinner in his room that night. He wanted to check on his girls, but using his own cell phone could end up getting them killed. Since he knew the mob had Glen backed against the wall, he left his hotel room to find a neutral location. He walked to a pub on the boardwalk, ordered a drink, and then asked the bartender if he had a phone Sam could use to call home. “I left my cell in my hotel room and you know women. If I don’t call the little woman, she’ll think I gambled away the mortgage.”
“Here you go buddy, I’ve got one of those wives myself.”
Sam dialed Sue’s number.
Cassie answered the phone. “Hello?”
Sam wasn’t happy she answered the phone. If someone heard her voice and recognized it, she’d end up dead. “Hey gorgeous, I just wanted say hello and let you know the house is safe. I actually plan to come home with more than I left with.”
Sam thought to himself how nice it is working with a professional when she answered him, “I’m certainly glad to hear that. Your sister called and invited us to dinner. Shall I call her and let her know we can.”
“Well, it’s not likely I can be there, but call her and let her know you can.”
“Be safe.”
“Don’t go worrying you’re little head. I just told you I was ahead.”
“Thanks babe.”
Sam thanked the bartender and ordered another drink.
“I heard you tell your wife you’re ahead with the cash.”
“Hell no, I’m behind, but I have tonight and tomorrow to make up the loss and then some.”
The bartender laughed and poured Sam another drink. Sam stared at the bar’s television and pondered how he could safely manage Cassie’s testimony. Without her testimony, the case would fall apart. When Sam finished his second drink, he left enough cash under his tumbler to cover the two drinks and give the bartender a large tip for letting Sam use the phone.
Sam couldn’t sleep. He tossed and turned all night as he pondered Cassie’s testimony.
In the morning, Glen was waiting in his car outside the casino. Sam climbed into the car.
“Sam, let me ask a question, is it likely that Smyth will add the new charges to the attempted murder, or will they be handled separately?”
“The Judge makes that decision, but it’s likely all the charges will end up bundled into one case with multiple charges.”
Bradley was standing outside of the courtroom along with Agent Farlow. Now a team of four they took their seats in the back of the courtroom. Farlow whispered to Sam, “How’s our witness?”
“She’s fine and more important, she’s safe. Any chance I can get a meeting with Smyth?”
“Sure there is. We’ll get his attention after the hearing.”
Two Deputy Marshals escorted Grossman in. Sam wondered how Grossman felt now that he was the one in shackles. Everyone stood as the Judge entered the courtroom and took his seat on the bench.
“Please be seated. Mr. Smyth, I understand you have several charges you wish to put before the Court.”
“Yes Your Honor, I do.”
“Do you have evidence to support these new charges?”
“Yes Your Honor, we do.”
“Then you may proceed.”
“Your Honor, as the EMT Team transported Agent Henson to the hospital, FBI Agent Farlow obtained a search warrant for Mr. Grossman’s residence. We obtained a number of pieces of evidence that substantiate the new charges. Agent Farlow uncovered a number of boxes of cash in the basement to support the charge of Money Laundering under Title 18 USC Sections 1956 and 1957. The government would like to add this charge. Agent Farlow also took into his possession an explosive device connected to a laser beam device, a violation of Making a Bomb under Title 18 USC Section 842. The last charge we would like to ask the Court to consider is Impersonating a Federal Law Enforcement Officer, under Title 18 USC 912. Mr. Grossman purported to Agent Henson that he was her assigned partner in the investigation of money laundering in the Chariot casino. Detective Bradley obtained fingerprints from the defendant. The FBI lab matched the prints to those of the defendant; however, the defendant has a record for a number of felony convictions associated with mob activity. Mr. Grossman would not be hired into the Bureau with a history of felony convictions for which he served prison sentences.”
“Mr. Grossman, it appears you’ve been a very busy boy. How do you plea to the charge of Money Laundering under Title 18 USC Sections 1956 and 1957?”
Grossma
n and his attorney stood to address the Judge.
“Not guilty.”
“How do you plea to the charge of Making a Bomb under Title 18 USC Section 842?”
“Not guilty.”
“How do you plea to the charge of Impersonating a Federal Law Enforcement Officer under Title 18 USC 912?”
“Not guilty.”
“Yes, of course, you do.” The Judge addressed the lawyers. “I will have to direct that the defendant be held in custody. If there’s nothing else to discuss, I’ll adjourn the hearing.”
Smyth stood. “Your Honor, if I may, I would like this case heard before the Grand Jury prior to trial.”
“Counselor, apply through the Court Clerk for your request.”
“Thank you Your Honor.” Smyth knew the process, but felt if he brought it up in court today it would give Grossman and LoVerde something to think about before they went to trial in front of a jury.
Agent Farlow, Sam, Glen, and Detective Bradley waited in the hall outside the courtroom for a chance to speak with Smyth. Smyth walked directly to Farlow. “Brett, you did great job.”
“Thanks Phil, when we can get our hands on great evidence, it looks easy. I want to introduce you Private Investigator Sam Marksman. Sam brought Agent Henson out of the house. Sam wanted to talk with you if you can spare a moment.”
“Sure, I’m due in court for another case shortly, but I can spare a few minutes.”
“Mr. Smyth, I have Cassie stashed in a safehouse. Is there any way when this gets to trial, that we can do her interview remotely?”
“The courtroom is equipped for video conferencing. Check and make sure the state boys are okay with it. I don’t have a problem with it.”
“Thanks.”
“Let me know if the state court doesn’t have the equipment. I’ll make arrangements to use our equipment.”
“Thanks again, I really appreciate your offer.”