| Dead Files, Chapter 1 |
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He reached over to the orange crate that he used as an end table and pushed the alarm stem down. He was already awake, so there was no need to listen to the irritating buzz. Midnight shifts were murder, especially with no sleep. Salem P.D.s midnight shift was his assignment, but his internal clock couldn’t adjust. He had lain awake most of the day, napping only intermittently. He couldn’t sleep now, but his body would start shutting down about 3:00 a.m. The hours between 3:00 a.m. and 7:00 a.m. were torturous. He would fight hard, but could not fend off sleep. His eyelids would fall shut no matter how hard he resisted. He spent those hours trying to avoid Sergeant Shelley. He would not tolerate sleeping on duty. When Gabe was that tired, he prayed that the dispatcher wouldn’t give him calls. He didn’t trust his judgment while suffering the effects of sleep deprivation. He certainly didn’t want to make any critical decisions. The guys on the shift understood what he was going through. They’d all experienced the same problem at one time or another. They were a close-knit group, mostly rogues and rebels, but they stuck together like glue. That cohesiveness was a lifesaver. Gabe was going to need someone to cover for him tonight. He looked at the clock again. Ten minutes had passed while he’d contemplated his problems. His divorce was final two months ago. He had no money, furniture or food in the apartment. His car was worn out. He had no girlfriend, and his bitter attitude had placed his job in jeopardy. His only friends were the guys on his shift, guys who had lived through the same emotional torture that he was going through. He slowly rolled off the sofa and staggered across the bare wood floor to the bathroom. He deliberately picked up his feet so he wouldn’t pick up a splinter. Once in the bathroom, he leaned over the rusty sink as he stared at himself in the cracked mirror. He shook his head in disgust and lowered his stare to the sink. He wondered, How could my life have fallen apart so quickly? What did I do wrong? How am I ever going to get my life back on track again? The self-pity was hard to shake off. These questions had haunted him ever since his wife had announced that she was leaving three months before the divorce was final. Serious soul-searching had only brought him a headache and more bitterness. He didn’t need either right now. He’d been late for work four times last month. If that pattern continued, Sergeant Shelley would send him home and dock his pay. He hurriedly groomed and dressed for duty. There were no drapes on the windows, so he pulled the dilapidated shade aside and looked out to check the weather. It was foggy and drizzling rain. He pulled the chain and turned off the only light bulb in the room, which hung from the ceiling on a frayed wire. He walked down to the street and contemplated if he should drive or walk. As he stared at his car and assessed its condition, he kicked the front right tire, which was almost flat. He thought, The body is rusted out; the valve covers leak; the exhaust system is shot; the tires are bald; it needs new ball joints and tie-rods; the battery is weak; the starter is shot; the radiator leaks; the transmission slips and the windshield is cracked. Other than that, she’s cherry. There was time to walk to work if he hurried. He didn’t like to drive unless he absolutely had to. He couldn’t afford another car, and he couldn’t afford to fix this one. As he hurried off to work he couldn’t decide who he was angrier with, his ex-wife or the police department. He had been on the department only two years, but burnout was wreaking havoc on his morale. Tommy Ryan closed himself in his room behind the locked door. He sat on his bed with his legs crossed and stared despondently at the pistol in his lap. Tears dripped from his eyes as he searched for another solution. He laid the pistol on the nightstand and walked to the door. He stepped to the stair railing and looked sadly down at his father seated in his recliner watching television. His father had no idea of the pain and anguish that Tommy was suffering. He thought how hurt his father would be afterwards that he was so close and approachable, but Tommy couldn’t come to him in his deepest hour of need. As much as Tommy loved his father and didn’t want to hurt him, there were things going through his mind that he couldn’t share with anyone. At one time, he and his father had been as close as two people could possibly be. Now at the tender age of fifteen, he now thought that no one on Earth could understand what he was going through. Grief overwhelmed him as he turned back toward his room and wept openly. He quietly closed his door so no one could hear him cry. The thought of the grief that he was about to cause his parents broke his heart, but he could think of no other alternative. He sat back on the bed and stared at the pistol. His hand trembled as he picked it up and pulled the hammer back. He put the muzzle under his chin and cried as he pictured the grief that would consume his parents. He applied gentle pressure on the trigger and held his breath, waiting for the quiet darkness. At the last second he relaxed his trigger finger. He put the gun back on the nightstand and took a few deep breaths. He would have to go through with it, but he didn’t have the courage to do it tonight. With trembling fingers, Tommy picked up the phone and dialed his therapist. She was the one person who could help him pull out of this emotional tailspin. After the fifth ring, he hung up and put his face in his hands. He cried harder as he realized that there was no one in the world who could save him. Gabe hurried into shift briefing. Shelley looked at the clock on the wall as he slid into a chair barely in time. Shelley looked sternly at Gabe over the top of his bifocals and yelled, “Okay! Okay! Quiet everyone, let’s get started.” There were fourteen officers seated in front of Shelley’s podium. Len Shelley was one of the few blacks who had made rank in the department. Aside from being extremely capable, he’d never forgotten his roots. He was well-liked by his officers. He expected excellence from them, and in turn would go to hell and back for them. If they performed well and didn’t get him in trouble with the brass, he overlooked minor policy violations and harmless horseplay. He continued. “Listen up, you deviants! Here are the district assignments. Carlos is 131. Bigelow is 132. Gapky is 133. Lyzett is 134. Green is 135. Kinnett, you’re the roving car, 136. Hallos, Ellis, Throckmorton and Schumacher, you guys partner up in two-man cars and work the projects. Reaves, Smith and Blackman are the traffic cars. Blauw, you’re riding the wagon tonight.” The officers jotted down the district assignments so they could communicate car-to-car throughout the night. Shelley opened the pass-on book and read the intelligence information from the previous two shifts. There was nothing unusual in the pass-on book tonight, just the usual warrants, house watches and department business. There was a general chastising from the Major about a policy violation that he had observed. His shotgun approached to discipline always irritated the officers. Rather than deal with the individual who had caused the problem, he would chew out the whole department. Shelley closed the book and asked if anyone had anything for the good of the cause. With no response, he said, “Kinnett, I need to see you and Blauw after inspection.” The other officers jeered at Kinnett and Blauw, warning them that they had the right to an attorney. Blauw was unshaken by the teasing, but Gabe was worried. Shelley walked into the garage and started down the line, inspecting everyone’s uniforms and weapons. When finished, he dismissed the troops and had them stand beside their cars with the doors and trunk lids open. After a thorough vehicle inspection, the officers left the lot and drove to their districts. Gabe lingered in the lot to talk to Blauw before going to Shelley’s office. He didn’t want Shelley to see them conspiring, so he waited for Shelley to disappear into the building before approaching Blauw. Angus Blauw was the oldest officer on the force. He’d never risen above the rank of patrolman because of his brutal honesty, irreverence for rank and calloused indifference toward the public. Years of excessive drinking had taken a heavy toll. He was thin and his eyes were sunken. His voice was deep and gravelly. His face was wrinkled and his hair had long ago turned white. He kept it cut short in a flattop, which made his face look lean and gaunt. After three failed marriages and more suspension days than even he could count, Angus was the informal leader in the patrol section. His prehistoric approach to police work had made him a legend with the officers and a nightmare for the staff. Gabe met Blauw as he walked toward the back door of the station. He asked, “Any idea what Shelley wants, Angus?” Blauw growled, “Yeah, kid, he probably wants to talk to us about that black preacher that we thumped the shit out of the other night. Don’t sweat it, boy, let me do the talking. Shelley won’t be doing the investigation, so he won’t be taking formal statements. The ass-wipes in internal affairs will do that. We’ll get together and get our stories straight before we talk to them. It’ll be all right.” Gabe admired Blauw’s arrogance as he swaggered into Shelley’s office completely unafraid. Blauw sat in the chair directly in front of Shelley’s desk, leaned back and put his feet up on Shelley’s desk. He nestled comfortably into the chair and said, “So, Len, old buddy, I suppose you’re wondering why I called you here.” Shelley glared over the top of his reading glasses at Blauw and tried to appear angry, but he and Blauw had too many years of friendship under their belts for his facade to fool anyone. The anger slowly faded from his face as he shook his head. “Angus, you crusty old bastard, get your feet off my desk and show some respect. You’re in real trouble this time, and I can’t help you.” Angus put his feet on the floor and chuckled softly. “What kind of trouble, Len, has your old lady been calling out my name in her sleep again?” As frightened as he was of Shelley, Gabe couldn’t help but laugh at Blauw. The sergeant pointed his finger at Gabe and said, “Don’t encourage him, Gabe.” He turned to Blauw and said, “Yeah, but she was laughing at what a limp-dick you are. But that’s okay with me, Angus. I don’t care if she goes to bed with you. Every woman needs a good laugh now and then. You sure as hell couldn’t hurt her any.” With the barbs exchanged, Shelley changed the tone of the conversation. “It’s about that preacher you two thumped. I.A. called down and asked me what happened. They want statements from you two. I told them I didn’t see anything, and don’t either of you two fools get me involved in this mess. Someone’s head is going to roll and it ain’t going to be mine.”
Angus knew the complaint was coming. He waited patiently until Shelley had finished. He examined his fingernails apathetically and growled, “Nothing out of line happened, Len. That phony black piece of shit resisted arrest and we used only enough force to overcome his resistance.”
Shelley looked suspiciously at Blauw. “Don’t give me that academy textbook crap, Angus. I saw him when you unloaded him from your wagon. He looked like he’d just crawled out from under a cattle stampede. He’s a reverend, for God’s sake! You’ve gone too far this time!”
Blauw frowned and snarled in his raspy tone, “Reverend! That phony bastard ain’t no reverend, Len. There ain’t a single ounce of reverence in his whole body. Why is it that you black people have to attach phony labels to your names to give yourselves credibility? That asshole ain’t cracked a bible open in twenty years, except to hide his dope in it.”
Shelley sighed in frustration. “How the hell do you know, Angus? Maybe he has a church in his basement. Maybe he got himself ordained recently. Maybe he’s stopped running whores and drugs and has turned his life around. Who knows? What difference does it make if he’s legitimate or not? He can still cost you your job whether he’s a reverend or not. You can’t beat the shit out of everyone you don’t like.”
Blauw smiled at Shelley and defended himself. “I don’t beat the shit out of everyone I don’t like. I haven’t kicked your ugly black ass yet.”
Gabe cringed as he gritted his teeth. He turned his head away and waited for the sky to fall. A sense of indignation fell over Shelley as he shook a threatening finger at Blauw. “Why you senile old broke-dick, you ain’t never won a fair fight in your life!”
As the exchange became more heated, Gabe became very uncomfortable. Blauw shrugged his shoulders and replied, “What’s fair got to do with anything, Len? I’m too old to fight fair. Let me educate you, son. Age and treachery can defeat youth, strength and speed any day. Don’t mess with me, boy.”
Shelley stared at Angus apathetically. He gave up and shook his head in disbelief, realizing that a one-upsmanship contest with Angus was hopeless. He stopped sparring and said, “May be, old man, but when you climb on this ugly, black ass, you’d better bring your lunch. It’s going to take you all day.”
Angus chuckled softly. He thoroughly enjoyed pushing Shelley’s buttons. Shelley continued, “All I can say, Angus, is you two had better get your stories straight. The major is going after your heads over this.”
Blauw said as he stood to leave, “Fuck him, Len. He ain’t got brains enough to get my job.” He stopped at the door, turned and said sadly, “Now see what you’ve done? You’ve got me all scared and upset, you big bully. I’ll be traumatized the rest of the night. You ought to be ashamed of yourself, scaring a frail old man like that. Meet me about three. You can buy me lunch to make it up to me, you asshole.” Angus sniffled twice and wipes his dry eyes in a feeble attempt to act hurt.
Shelley glared at him as he walked out. He yelled after him, “Show some respect, Blauw! That’s Sergeant Asshole to you!”
Gabe sat in disbelief as Shelley and Blauw exchanged insults. Although Blauw was a constant irritant to Shelley, it was apparent that both had great fondness for each other. Gabe said, “Listen, sarge, Blauw isn’t worried, but I am. I’ve really pissed off the chief and major this last year. They’ll hang me out to dry if they get the chance.”
Shelley replied sympathetically, “Yeah they will, son, but make no mistake. You haven’t pissed them off a tenth as bad as old Blauw has. Listen, Gabe, you’ve only been on the shift for a couple of months. You fit in well and we all like you. You’re not a rat. You’re a jam-up cop. You get with Blauw and do what he tells you. He’s a complete disaster, but he’s the best cop this department has ever seen. He knows how to write a report to cover his ass. He’ll coach you through this. When you get your stories straight, get with me and I’ll give you some pointers on how to get through the interview with the rats upstairs.”
The sergeant’s support reassured Gabe. He asked, “You known him long?”
“Blauw? Yeah, the old fossil broke me in when I got hired. I was one of the first black officers they hired, and Blauw bailed me out of a lot of tough scrapes. He saved my life twice. He’s the most obnoxious old man that you’ll ever meet, but he’d fight a grizzly bear at the drop of a hat. I love him to death. The staff hates him because he constantly points out what gutless paper-pushers they are. None of them were ever real cops, and Blauw rubs their incompetence in their faces. You guys stick together. You’ll be all right. I know this preacher. He’s just a militant, white-hating pimp. Every time he gets in trouble, he screams discrimination and hides behind his phony preacher title to get the blacks in the community in an uproar. He thinks if he stirs up a big enough stink, the department will drop the charges to shut him up. The sad thing is that sometimes it works. The good blacks in the community hate his guts. He gives all blacks a bad name. He’s just a loud mouth nigger who runs drugs and whores. You guys can survive this if you stick together.”
Gabe nodded and stood to leave. He turned and said, “You and Blauw sure attack each other’s race a lot, sergeant. Doesn’t anyone ever get offended?”
Shelley smiled and shook his head. “Nah, kid, it’s all in fun. It’s a stress reliever. We only insult the people we really like. If you can’t poke fun at people, this job will eat you up. When someone uses a racial slur, we don’t take offense. We know those terms don’t apply to us. They only apply to the scumbags on the street. There are scumbags of all colors out there, but in here we’re all one color, blue. One thing you have to be careful of though, kid. You have to learn who you can trust. Don’t think that just because someone is wearing the same uniform that they’re your friend. There are a lot of people in this department you can’t trust. Some are on this shift. They’ll try to warm up to you to make you think you can trust them, but when the chips are down, they’ll sell you out in a heartbeat. I wouldn’t say the things I say to Blauw to just anyone. Blauw is a dinosaur, but he’s an old marine. He comes from the old school where you’d cut your arms off before you’d rat out another cop. Hang on to his shirttail.”
Gabe considered Shelley’s advice, then said, “Hell, sarge, sounds like I need to avoid him like the plague. He’ll probably get me fired or killed.”
Shelley seriously considered Gabe’s remark. He slowly nodded his head and said, “Both are distinct possibilities, son.”
Gabe stayed busy for the first four hours of the shift. As the roving car, he was sent to support the other cars when they needed assistance. When things slowed down, he called Blauw on the radio.
Blauw was driving the prisoner transport wagon and had been equally busy transporting the other officers’ arrests to the city jail. He enjoyed the wagon. He got to roam the city, get in on some of the brawls, and had to do very little paper work.
He finally caught up with Blauw at an all-night diner where he and Shelley were finishing lunch. Shelley motioned for Gabe to join them. “Have a seat, kid. We’re just arguing about who’ll pick up the bill. Looks like you win.”
Gabe blushed from financial embarrassment. “Sorry, guys, I don’t have a dime to my name.”
Shelley and Blauw looked sheepishly at each other. They’d known about Gabe’s financial problems, but had forgotten when he sat down. Neither of them intended to embarrass him. Blauw motioned for the waitress to come over. When she arrived, he said, “Hey, baby, bring this snot-nosed kid a double cheeseburger and a load of fries, and put it on my bill.”
Gabe shook his head and protested. “No! No, I can’t do that! I ate before I came to work!” He really hadn’t eaten for the last twenty four hours, but he was too embarrassed to accept charity.
Shelley leaned into Gabe and set him straight. “Listen, you little shit, no one can work eight hours without eating! No one on my shift is going to go hungry! Don’t you ever let me find out that you can’t afford to eat! We’re family here! You let me know when you’re so broke that you can’t afford a meal! You got that, boy?”
The affectionate chastising touched Gabe. He nodded and mumbled, “Thanks.”
Always one to stir the pot, Angus interjected, “Besides, I might stir up a shit-storm tonight. I’ve got to have someone who can finish the fights I start. You need to keep your strength up so I don’t get whipped. We sure can’t count on old Shelley here. Hell, we could all be dead before he’d get there.”
Shelley stood to leave. He wiped his mouth on his sleeve and reached for his wallet. He said, “Hell, Angus, as pasty as your white ass is, no one could tell the difference anyway. You’ve looked dead for years.”
He laid some money on top of his bill. He then took a twenty from his wallet and dropped it in front of Gabe. He leaned over Gabe and pointed his finger at him as though he were a small child. He said, “Here’s your lunch money, little boy. If you don’t want this big nigger all over your lily-white ass, you’d better say something next time you get hard up. Got me, kid?”
Gabe was embarrassed, but the sergeant was so forceful that it was pointless to argue. He didn’t pick up the twenty, but nodded and patted Shelley on the arm. Shelley patted him on the back as he walked to the door.
Angus chuckled. “Hard to argue with, ain’t he?”
“I wish he hadn’t done that. I’m a big boy. It won’t hurt me to skip a meal now and then.”
“That’s not the point, Gabe. He likes you. He’s just trying to show you that you’re one of our inner circle. It’s hard to earn respect around here. You’ve showed us that you’re not a rat and that we can count on you. Len’s a little rough around the edges. When he wants to show affection, he does it with an ass-chewing.”
“Yeah, I know. I’m flattered, but I feel uncomfortable taking money from people. He sure likes you, even though he doesn’t act like it.”
Angus leaned back and stretched. “I know. The big gorilla and me go way back. He’s one of the few good blacks on the department. I’d take him over most whites I know. He rips my ass on a regular basis, but he knows it don’t do any good. I just make sure I don’t get him in trouble with the chief, and he leaves me alone. We plan to retire on the same day. We’re going to buy cabins next to each other in the upper peninsula of
“Angus, I hope you know that Sergeant Shelley could break you like a stick. His hands are as big as baseball gloves.”
Angus nodded, “Ain’t that the truth? He played for the Seahawks in the NFL before he got on the department. I like to be around when he goes off on people. He’s put some serious hurt on people who’ve pushed him too far. If he gets a grip on your throat, you’re worm food.”
The waitress delivered Gabe’s plate. He attacked the cheeseburger like a starving hound. He washed down a mouthful of food with a gulp of Coke and asked, “What’s going to happen in the interview with the I.A. guys?”
Angus got the attention of the waitress. He held his cup in the air for a refill. He said, “Well, first of all, you have to understand a few things. The things that this phony preacher is accusing us of are criminal. The I.A. pricks are going to try to convince you that we’re all cops and we have to stick together. They’ll tell you to tell them the truth and they’ll take care of us. They won’t try that shit on me because I’ve been around the horn too many times. They’re going to try to get you to say something different than what I say. They’d like to catch us in a lie, then fire us for lying in an internal affairs investigation.”
He leaned into Gabe and continued. “You gotta remember this, kid; we can be prosecuted and sued in different courts at the same time. We can be prosecuted and sued in state court for assaulting this fool. We can also be prosecuted and sued in federal court for violating his civil rights. The I.A. guys will try to get us to admit to doing something wrong and assure us that they’ll keep everything in house. They’ll tell you we might get a little disciplinary action, but our jobs will be intact and the department will take care of us. Don’t you believe it! Those weasel-dicks will take our statements, then prepare criminal complaints on us. They’ll go to the D.A. and ask him to file criminal assault charges on us. The chief will fire us, and they’ll go to the
By now Gabe had stopped eating and was hanging on Blauw’s every word. He put his cheeseburger down and asked, “So what do we do?”
Blauw leaned back and shook his head. “Easy, we don’t trust them. We get our stories straight and don’t deviate from them no matter what. Here’s how it’ll go down. First of all, the fifth and sixth amendments apply to us as well as the rest of society. We have the right to remain silent and have an attorney present in a criminal investigation just like the crooks. As long as there’s a possibility of criminal charges being filed, they can’t use the threat of termination to compel us to testify against ourselves. The most important thing here is to stay out of jail.”
Gabe asked, “So, it’s easy. We don’t have to give a statement, right?”
Angus didn’t speak while the waitress refilled his coffee cup. When she’d left, he said, “I wish it were that easy. The department can still do an internal investigation to fire us. They’ll give us the Garrity Warning, which says that we have to give a statement, but they can’t use it against us in a criminal proceeding. They can still use it to fire us. Make sure you insist that they give you the Garrity Warning before you give a statement. If you don’t, they can fire you and prosecute you at the same time.
A sense of anxiety overwhelmed Gabe. “I can’t lose this job, Angus. If I get fired, no other department in
Blauw glared at him and chastised him. “Ain’t no one going to lose their job, boy. We’ll get our stories straight and stick to them. First of all, you gotta remember, no matter how bad the chief wants to use us as his sacrificial lambs, he can’t as long as we stick together. It’s two words against one. That black doper ain’t got no witnesses. You and I are going to tell the same story. We’ll be fine.”
Gabe finished the last bite of his cheeseburger and washed it down with the last swallow of his Coke. He nodded in agreement. “Hope you’re right, Angus. So, what do we say in the interview?”
Angus looked around to make sure that they couldn’t be overheard. He crossed his arms on the table and leaned into Gabe. “Okay, boy, listen up. Now! We can’t use force against anyone unless it’s in self-defense or to affect an arrest. It’s simple. We told that Usher that he was under arrest. We tried to handcuff him and he resisted. He swung at me and I hit him. I’ll defend my actions. All you have to say is that you saw him take a poke at me and I hit him.”
Gabe glared at Angus. “Hit him! Come on, Angus, we stomped a mud hole in him! They’ll never buy that! He had too many injuries! He was in the I.C.U. unit for two days! You know they’ll interview the ambulance attendants who hauled him to the hospital from the jail! You know how firemen hate policemen! They’ll burn us to the ground!”
Blauw growled, “I don’t give a shit if they buy it or not, Kinnett! Their opinion doesn’t count! They have to gauge their actions against what a jury would believe. If they fire us and we sue them, the case will go before a jury. They may not believe us, but if we stick to our stories, they’ll be afraid to strap us on. If a jury determines that they fired us unjustifiably, they’ll have to put us back to work, and we can sue their asses off for wrongful termination, defamation of character and anything else our attorneys can think of. If they pin you down, just say it was dark and you couldn’t see everything. If you don’t want to answer a question, just say you don’t recall. Remember, preacher boy swung at me, and you only saw one punch. Anything else, you can’t recall or you didn’t see. Easy! Right?”
Fear was written across Gabe’s face. He shook his head. “No, Angus, it’s not easy. I’m not going to rat on you, but we’ve got to come up with something better than this. The injuries are far more serious than one punch would cause.”
Angus leaned into him and growled, “No we don’t, Kinnett! Listen, I’m not saying that one punch was all that was thrown. That’s just all you saw. I’ll take care of justifying the other punches. I can handle this, but you have to dummy up. They’re going to interview me first. I’ll hide a pocket recorder inside my shirt. I’ll meet you after the interview, and you’ll see how the interview goes. You’ll see what I mean.”
Gabe agonized over their dilemma. He sighed deeply as he hung his head and ran his fingers through his hair. “You sure this’ll work, Angus?”
“Positive, son, you’ll see. The only time we ever get confessions from crooks is when they don’t realize what interview techniques we’re using against them. We bluff our way through most of those confessions. I’ve been to the same interview and interrogation schools as those fools upstairs. They’re not going to bluff me. You just be at your apartment when I’m finished. I’ll meet you there.”
As he stood to leave, Gabe squinted and glared suspiciously at Angus. “You’d better not get me fired, Angus.”
Angus stood confidently and patted Gabe on the back. “You big baby, you just haven’t been through enough of these yet. You’ll see. We’re right on this. It’s no big thing.”
Blauw was sitting in the lobby, waiting for Detective Lumas to call him in. He thumbed through a magazine and showed no emotion. The office door opened and Lumas motioned for him to come in. He escorted Blauw to the small interview room and motioned for him to sit in the chair across the table from him. He laid a consent to speak form in front of Blauw and said, “Sign at the bottom, Angus. Let’s get this over with.”
“Not so fast, Ezard, this is a criminal investigation. I have the right to remain silent under the Fifth Amendment. As long as this is a criminal investigation, I ain’t saying shit. Now if you want to give me the Garrity warning assuring me that nothing I say can be used against me in court, I’ll talk.”
Lumas glared at Angus, then slowly stood and left the room. Five minutes later, he returned with a Garrity warning. “Okay, Angus, I talked to the Major. You’ve got your immunity from criminal prosecution.”
Angus signed the Garrity warning, then picked up the consent to speak form. He read it and signed his name. He then drew a line through the sentence that stated he would not hold Lumas or the department liable for any damage that he suffered as a result of the interview.
Lumas looked at the form and sat up straight. He glared at Blauw and barked, “You can’t do that, Blauw! You’ve been ordered to give me an interview, and this is part of it!”
Blauw growled and shook his finger at Lumas. “I’ll give you the interview, Ezard, but you can’t force me to sign away my right to sue your ass if you damage me. Now, if you don’t want to interview me, that’s between you and the chief. You’re the one who’s backing out of the interview, not me.”
Lumas gritted his teeth and tried to remain calm. He laid the form down and said grudgingly. “Alright, Blauw, let’s get this over with.” He turned on the tape recorder so the secretary could transcribe the interview later. After the lead-in identifying the case number, victim and person being interviewed, Lumas asked the first question. Lumas: “Were you on duty the evening of November 2nd, 1996?” Blauw: “Yes.” Lumas: “Did you come in contact with the Reverend Tyrone Usher?” Blauw: “No, I didn’t contact no reverend that night. I contacted a dope-pushing pimp named Tyrone Usher, but he ain’t no reverend, Ezard. Hell, ain’t you checked that fool’s criminal record yet? What kind of a detective are you?”
Lumas stiffened his neck and became defensive. He left the tape running as he chastised Angus. “Blauw, that’s none of your business! I’m running this investigation, not you! Just answer the questions and show a little respect!”
Angus barked back at Lumas and the interview went quickly down hill. “The hell it ain’t none of my business! You’re trying to railroad me and that kid, Kinnett! Where’s your integrity, Ezard? You want respect? You got to earn it! No wonder they kicked your yellow ass out of patrol! Is this the only pigeonhole they could find to stick your sorry ass in? Better watch it, Ezard, you’re going to get a bad reputation, head-hunting your own kind like this, especially over a no-good, phony, white-hating preacher.”
Lumas rubbed his eyes. He knew from years of experience that he could not best Blauw. He calmed himself and repeated the question. Lumas: “Okay, Blauw, did you contact Tyrone Usher?” Blauw: “That’s better, Ezard. Let’s don’t be trying to confuse the facts here. Yeah, I contacted him. I arrested him for D.W.I.” Lumas: “What was your probable cause for the stop?” Blauw: “The car he was operating crossed over the centerline. It ran a stop sign, and when I approached Usher, his eyes were bloodshot. His speech was slurred and he had a strong odor of intoxicants on his breath.” Lumas: “How did you know the odor on his breath was intoxicants?” Blauw: “Because I’ve smelled plenty of intoxicants in my career, Ezard. Hell, I smelled it on your breath plenty of times when we used to work together. Remember how you used to show up for duty drunk, and we’d cover for you and handle your calls so you wouldn’t get in trouble? Remember that time when I pulled you out of that whorehouse when you were on duty just before the vice goons hit the door? Remember---” Lumas held his hand up as he angrily punched the Stop button on the recorder. Rage slowly covered his face. He leaned back and stared at Blauw for a long minute. Angus smiled obnoxiously. Lumas calmed himself enough to speak. “Look, Blauw, let’s get something straight here. It doesn’t matter what I did years ago. The question here is what you did to Usher. Are you going to let me do my job, or am I going to have to call the sergeant in here to finish this?”
Blauw opened his eyes wide and nodded. “Hell yes, Ezard, get the sergeant in here. I got more evidence on him than I do on you. As a matter of fact, why don’t both you fuckers come in here at the same time? It’ll save me from having to repeat myself.”
Lumas folded his arms across his chest and shook his head. “You’re going to make this difficult, aren’t you, Blauw?”
Angus leaned over the table and snarled at Lumas, “No, Ezard, I’m not, but neither are you. Since we’re cutting to the chase here, let’s get all our cards on the table. You don’t outrank me, so knock off this condescending bullshit with me. You’re up here because you’re a rat bastard who sold your soul to the devil. I know your past, and the only reason I haven’t burned your dumb ass is because I’ve got only slightly more integrity than you. But don’t push me. I’ll answer straightforward questions, but don’t try to badger me or put your own spin on the facts. Don’t try any of your crooked tricks, and knock off this holier-than-thou attitude with me.”
He leaned back in the chair and motioned for Lumas to turn the recorder back on. Lumas re-wound the tape to the spot before Blauw’s comments about the whorehouse. Lumas: “Did Usher comply with your request to exit the car?” Blauw: “Yes.” Lumas: “Did you perform a field sobriety test on him?” Blauw: “Yes, he failed the balance test, the heel to toe walking test, and he couldn’t say his ABCs. I also smelled a strong odor of intoxicant on his breath and his speech was slurred.” Lumas: “Did you tell him he was under arrest?” Blauw: “Yes I did. I tried to turn him around to handcuff him, but he tried to punch me.” Lumas: “Which hand did he use?” Blauw: “Can’t recall.” Lumas: “What did you do then?” Blauw: “I punched him, and Officer Kinnett helped me force him to the ground and cuff him.” Lumas: “How many times did you punch Usher?” Blauw: “I only used the minimal force necessary to affect the arrest.” Lumas: “How many times did you punch him?” Blauw: “I don’t recall.” Lumas: “How did he sustain his injuries?” Blauw: “I saw no injuries other than those associated with being forced to the asphalt.” Lumas: “How do you explain the severe bruising to his back, ribs and legs?” Blauw: “I have to assume that he had a friend mark him up before he contacted your office in an effort to lend credibility to his false allegations against me and Officer Kinnett. He’s a pimp and doper, you know. He’s not above lying to get retaliation against the officers who’d arrested him. He would also like to threaten the department with civil action to intimidate the chief into dropping the charges against him. The chief might role over for him, but I won’t.” Lumas: “What force did Officer Kinnett use against Mr. Usher?” Blauw: “I can’t testify about anything that Officer Kinnett did. I was so focused on protecting myself from Usher that I didn’t see anything that Officer Kinnett did.” Lumas: “What is Officer Kinnett going to tell me?” Blauw: “You’ll have to ask him that yourself. He and I haven’t discussed the incident once we found out the complaint had been filed. We didn’t have to. The truth needs no rehearsal.”
Lumas rolled his eyes and shook his head in disgust. Getting a confession out of Blauw was like cutting through a bank vault with a butter-knife. He gave up and ended the interview.
As he escorted Blauw out of the office, he said, “That interview won’t cut it. You’re in deep shit, Blauw. The chief will want more answers than this. You haven’t hamstrung me yet. You can’t prove any misconduct by me after all these years. No one will believe you. The major will conduct the next interview, and we’ll see how insubordinate you are with him. He’ll bounce you out of the department on your ass. Anyway, Kinnett will tell the truth. He’s not going to take a fall for you. This department doesn’t need cops like you.”
Angus poked Lumas in the chest with his finger. “There you go again, Ezard, forgetting the skeletons in your own closet. I suppose this department needs drunken, whore-chasing cowards like you. You’re where you belong, Ezard, stuck up here in this rat-hole office where you can’t get anyone killed. All you can do is try to ruin the careers of officers who are twice the man that you are. You’ll never be a cop, so you might as well help other scumbags just like you go after those of us who are. Don’t fuck with me, Ezard. I eat pussies like you for breakfast. You try to burn me or Kinnett and your career won’t be worth two cents. Think you’re safe after all these years? Think I don’t have evidence? Try me! The department may not care, but your wife and the newspapers will. And there are still enough of your victims around that you’d stolen property from and falsified charges against that they’ll come out of the woodwork once my allegations go public. Remember that high-school girl that you knocked up and paid for her abortion? She’s still around. I’m sure she and your wife would have a few hoots comparing notes on how lousy you are in bed.”
He backed out of Ezard’s face and smiled. He waved as he turned to leave and said, “Say hi to the wife for me, Ezard, and tell her to quit calling me all the time. I’m tired of her begging me to bang her.”
Lumas did a slow burn as he watched Blauw swagger arrogantly down the hall laughing. He thought how glad he would be when all the old-timers who remembered his past were gone, especially Blauw.
Gabe was sitting on his sofa when Angus knocked. Before Gabe could open the door, he yelled, “Open up, asshole, it’s the vice squad!”
He jerked the door open and tried to silence Angus. “Shut up, Angus, you old fool, I’ve got neighbors, you know.”
Angus laughed loudly and responded without softening his raspy voice, “Fuck-em! You ain’t got no decent neighbors living in this toilet. They probably talk worse than I do.”
Gabe quickly pulled him into the apartment and closed the door. He said, “Angus, you cuss more than anyone I’ve ever met. Can’t you speak just one short, little sentence without cussing?”
Angus responded with a chuckle, “Fuck no.” Gabe shook his head in frustration and motioned for him to sit on the end of the sofa. Angus looked at him sternly and said, “Kinnett, I knew you were hard up, but this is ridiculous. Ain’t you got no furniture?”
“Nope, just this old sofa and an orange crate. My ex got everything else.”
Angus sat on the end of the sofa said in a disgusted tone, “Boy, you’re a fool. Why the hell did you give the bitch everything? You’re entitled to half, you know.”
“Yeah, I know. I thought we were going to get back together, so I gave her what she wanted. I took on all the bills and her nursing school loans. I thought she’d appreciate the gesture and come back. I didn’t know she’d been seeing a doctor on the side. By the time I found out, it was too late. She’d already married him and moved out of the state.”
The bitter memories of his own divorces came rushing back. Angus genuinely felt bad for Gabe. He reached over, patted his back and said, “Sorry, Gabe, I didn’t know. If I’d been you, I’d have hunted the bitch down and killed her and her asshole doctor.”
“I know. I’d planned to do just that, but every time I started planning it, my conscience bothered me. I knew there wouldn’t be anyone around to keep you from getting your feeble, old butt kicked. I couldn’t stand to have three deaths on my conscience. Besides, Shelley would never forgive me if I let you get hurt. You’re his reason for coming to work each night.”
A devilish smile turned up one corner of Angus’s mouth. “Yeah, I know. I sure get a hoot out of watching him sweat every time he thinks I’ve gotten him in trouble.”
“Okay, Angus, let’s get down to business. What have you got for me?”
“Oh, nothing, I decided to sell your sorry ass down the river. I told Lumas that you were the one who beat the shit out of Usher. I had to tell the truth, professional ethics you know.”
A sense of panic overwhelmed Gabe as Angus masked the laughter roaring inside. He finally burst out laughing at the shock on Gabe’s face. He swatted Gabe on the back and said, “Relax, Kinnett, you know I wouldn’t do that.”
He gave a sigh of relief. “You better not, Angus. I’ll erase my ex-wife’s name off that bullet and use it on you. Quit screwing around and let me hear the tape.”
Angus played the tape of his interview with Lumas. Gabe listened intently until he pushed the Stop button at the end. Angus asked, “What do you think?”
Gabe stared at him in disbelief. “Boy, you sure gave him a lot of crap. I can’t do that. I don’t know him as well as you do.”
“You don’t have to, Gabe. Insist on the Garrity warning and don’t be specific in any of your answers. Just stick to your story that we only used enough force to affect the arrest. If he asks how many times we hit Usher, just say it was dark and you can’t recall. I said I didn’t see anything you did. Just say you didn’t see anything that I did. It’s our word against Usher’s. They can’t do anything to us.”
Gabe thought for a minute, then said, “I don’t know, Angus. I’m not going to burn you, but I don’t think I can pull this off. I hate having to lie like this. I just hope the D.A. buys it.”
“He probably won’t buy it, but he’s not going to prosecute us over a shit-bag like Usher. He has no jury appeal. No jury would take his word over two, clean-cut, gorgeous studs like us, trust me.”
Angus got up and walked to the door. He turned and said, “If Lumas gets in your face, just tell him that I said I’d ruin his life if he screws with us. He’ll know what you’re talking about. Call me tomorrow and let me know how it went.” He pitched the recorder to Gabe. “Wear this. I’d like to hear how you do.”
When he closed the door, Gabe laid the recorder on the orange crate and went back to bed. Again, sleep would not come. In addition to the pain of his divorce, he now had the anxiety of the upcoming interview to rob him of sleep.
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