by JC Kane
“We have a confidential informant that gave us detailed information about your operation and your role in the business.”
“You got a warrant based on a statement from a confidential informant? A criminal, perhaps? With a lot to lose? Not much to go on, is it?”
“We have direct evidence linking you to illegal activity and we have plenty to build a case on. But, I do want to give you an opportunity to explain yourself.”
“What would you like me to explain?”
“Why don’t you start with how long you’ve been selling drugs.”
“Okay. I’m going to explain this to you in very simple terms, but only because you seem like you need help understanding the situation. I’m an attorney. I represent criminals. I am not a drug dealer. I do not sell drugs. I have never conspired to sell drugs. I advise criminals when they’ve been charged with crimes. I help them devise a defense strategy. I help them find good attorneys. I’m an attorney, not a criminal.”
“Who are some of your clients?” Detective Hatchett asked.
“Who is your confidential informant?” Bruce asked.
“You know I can’t tell you that.”
“And you know I can’t tell you who my clients are.”
“Where does that leave us?”
“I guess you’ll have to let me go.”
Detective Hatchett laughed. “We might be able to make something happen if you tell me who you buy from. Where do you get your drugs?”
Bruce smiled. “You don’t believe me. I’m just a lawyer. Do you think it’s possible that a drug dealer that wants to get out of trouble would falsely accuse me of being a part of their criminal organization? Do you think that’s possible?”
“It’s not likely in this case. I’ve seen the evidence linking you to the sale of drugs.”
“Well, tell me what it is.”
“I’d rather get your statement first.”
“I think it’s time for me to talk to my lawyer.”
Chapter 41
Jesus drove into the parking lot of the Two Zero Five Clubhouse. He slammed on the brakes and skidded to a stop, causing the tires to squeal. He wasn’t too concerned about offending anyone.
Three of the club members inside heard the car and ran outside to check it out. Jesus jumped out of the car, slammed the door on his Mercedes and stomped towards the front entrance. The club members didn’t recognize Jesus, and based on the flames shooting from his ears, Jesus wasn’t coming to fix the toilet.
Tiny, a Two Zero Five member, pulled a gun from his waistband and pointed it at Jesus. “You better stop right there, asshole.”
Jesus pulled a gun from his waistband and pointed it at Tiny. “I need to talk to Green. Now.”
Two of the other club members pulled out guns and pointed them at Jesus. Another one came running out with a shotgun and racked a shell into the chamber - the familiar warning sound that made sensible people run away, fast. Jesus stopped in his tracks but held the gun pointed at Tiny, even though there were four guns currently pointed at him.
“I just need to see Green,” Jesus said. “I have no problem with you guys.
Tiny laughed at him. “You are out of your goddamn mind. If you have a problem with Green, you have a problem with us. We would be well within our rights to shoot you full of holes right here, right now.”
Green walked out with a pool cue in his hand and a cigar in his mouth. He stood next to his brothers and took in the situation. “What’s wrong Jesus? You look a little angry.”
“I need the money,” Jesus said.
“And you think shooting me is going to help you get some money?”
“If you want to live, I suggest you come up with a shitload of money right now.”
“If you have something to say to me, then put your gun down and come say it. I don’t really appreciate you coming into my place of business and acting like you’re gonna tear somebody a new asshole. It’s just fucking rude. Not to mention it’s a really bad idea.”
“You took all of my money and you want me to get on my knees and beg you? That’s not gonna happen.”
“You can drop your gun on the ground and come talk to me. You don’t have to get on your knees and you don’t have to beg. If you can handle a conversation, that’s good enough for me.”
Jesus didn’t budge. He kept his gun pointed at Tiny, sights locked in on the center of his chest. He wasn’t thinking clearly. He showed up uninvited at the headquarters of one of the most dangerous motorcycle clubs in California and demanded to see the man who just took all his money. In hindsight, it wasn’t the best decision. Nevertheless, here he was.
“You understand the alternative, right?” Green asked. “Tiny and the boys will likely redecorate your face with lead. Is that what you want?”
Jesus lowered his gun. He couldn’t get the money back if Green was dead. His anger was starting to subside and common sense was starting to make an appearance. He set the gun on the ground and took a few steps forward. “Okay, let’s talk.”
Chapter 42
“This is crazy,” Cooper McGill said. “I must be missing something.”
Bruce Kennedy shook his head. He was just as confused. Bruce and Cooper were meeting in the Santa Clara County jail to come up with a plan to get Bruce out of jail.
“He didn’t tell me anything except they had a Confidential Informant,” Bruce said.
“What about evidence?” Cooper asked. “Did they discuss any evidence with you?”
“He didn’t mention anything specific, but he did say they had some evidence against me, besides the CI statement.” Bruce looked down at the table and tapped his finger. “You know, I’ve been looking for this guy who goes by the name of Old Goat for a while now. He’s a member of the Two Zero Five. I didn’t think he was working with the police, but now that all this shit is going down, I wonder if he did talk to the police.”
Cooper didn’t want to tell Bruce, but he had to. There wouldn’t be a good time to tell him. Now was as good a time as any. “Lee Giordano is cooperating with the police and the District Attorney’s office. Whatever evidence they have, it probably came from Lee.”
Bruce scrunched his face, wondering if he heard Cooper right. “Lee? Are you sure?”
Cooper nodded. “I’m sorry, Bruce. I talked to some people at the District Attorney’s office. Lee made a deal and he’s out of jail. He’s in protective custody, at his own house.”
Bruce shook his head. “No, Lee wouldn’t do that. Maybe he’s leading them to a dead end or something. Lee wouldn’t talk to the police about me. No way.”
“Lee is the reason you’re in jail right now. They based the entire arrest warrant on Lee’s statement and text messages on his smartphone, from you. They are using your own text messages that you sent to Lee to against you in this case.”
Bruce was in shock. He started laughing. “Fuck me. I am such an idiot. I should’ve known Lee wasn’t deleting the messages properly.”
“Before the arraignment,” Cooper said, “we need to come up with a plan to get you out of here. Do you know why Lee is talking now? What would motivate him to talk to the police now?”
“He’s mad because he’s in jail and I’m not. Well, I wasn’t. I told him I was out of the business. I was done with everything. I wasn’t working with him anymore and he was on his own. Apparently, he didn’t take it very well. He doesn’t do very well when he’s out of his comfort zone.”
“Is there any chance he would change his mind? Could we get a message to him that might make him want to change his statement?”
Bruce shook his head. “Fuck him. If Lee wants to go to war with me, then I’m ready for battle. Forget about changing his mind, let’s focus on moving forward with what we know now. What do we have from a legal standpoint that we could work with?”
“Okay, we need to focus on the potential evidence against you. What evidence does he have access to that he could use to make you look guilty? In other words, we need to either
dispute the evidence or make sure that the evidence doesn’t point to you.”
“I don’t think he has anything, other than his phone. When I found out he was arrested, we cleaned out his office, his house, the business locations, the Firehouse, everything. He really didn’t have access to any of the records. I hired attorneys to do legal work when we needed it. We had a ton of different business entities that either I set up or outside attorneys set up. He handled everything in the field. I handled everything in the office. He really didn’t pay much attention to any of the other stuff so I can’t think of any evidence that he might have.”
“Good. Maybe he’s fishing. Maybe he lied. We’ll play it cool and force them to prove their case.”
Bruce stood up and stretched his back. “Wait a minute. There is one thing that could really help us.”
Chapter 43
Green waited in his Ford F-150. He was parked outside of the Great Mall in Milpitas. A gray Ford Explorer with tinted windows pulled up next to Green’s truck and stopped. Detective Hatchett rolled down his window and nodded at Green.
“I thought we had an agreement,” Green said. “Why the hell was Bruce Kennedy arrested?”
“It had nothing to do with the information you provided,” Detective Hatchett said. “We had another confidential informant step up and give us some detailed information about Bruce and his criminal activities.”
“That’s bullshit. You know it is. I know that Lee is feeding you a bunch of lies just to try to save his own ass. I told you before, Bruce is just an attorney. He helps out a lot of my guys when they get in trouble. He’s helped me out before. I’m sure he helps out a lot of people who get arrested. He has nothing to do with Lee Giordano’s drug activities. He was Lee’s lawyer, that’s it. He helps criminals with their legal problems. Lee is trying to save his own ass and he’s willing to pin it on anyone he can.”
“We’ll let the evidence speak for itself.”
“I can’t believe how fucking stupid you’re being right now,” Green said. “Why on earth would you believe Lee Giordano under the current circumstances? You know he’ll tell you anything to get out of jail.”
“I never said the CI was Lee. And watch how you talk to me. I’m not one of your flunky prospects.”
“What evidence do you have against Bruce? I can’t imagine you have anything solid because he’s not guilty.”
“Is this why you wanted to meet with me?” Hatchett asked. “I don’t have time to argue with you about Bruce Kennedy. What do you want from me? Why did you want to meet with me?”
“I want you to get Bruce out of jail. He’s my lawyer and he’s not a criminal. Are you really that naive to believe what Lee tells you? Don’t you think maybe he would say anything to get out of jail?”
“It’s out of my hands and like I said, we have more than just a statement from a CI. We actually have evidence that supports the claims. Now, what else do you want?”
Green shook his head. “Okay, you want information? Lee is still in charge of the business, but his number two guy is running things.”
“Who? Jesus Acosta?” Detective Hatchett asked.
“That’s right. Jesus Acosta. He’s the guy you want, not Bruce.”
“Okay, if that’s true, what can you give me on Acosta?”
“If I give you Acosta, are you going to drop the charges against Bruce?”
“This isn’t Let’s Make a Deal. Why do you care so much about Bruce anyway? You’re off the hook. You did your part. Why are you so interested in Bruce Kennedy?”
“I told you, he’s my lawyer and he represents some of my guys when they are wrongly accused by the police. I don’t really want my lawyer in jail. He’s a good guy.”
“I suggest you find a new lawyer because Bruce Kennedy is very likely going to prison for a very long time. If you have something solid on Jesus Acosta, let me know and we’ll talk, but Bruce isn’t going anywhere.” Detective Hatchett rolled up his window and drove away.
Chapter 44
Bruce was in court, sitting at the defendant’s table. Cooper McGill was sitting next to him. The judge read the charges out loud as part of Bruce’s arraignment. Conspiracy to distribute cocaine. Narcotics distribution. Money laundering. And a few other charges that Bruce didn’t really pay much attention to.
“Do you understand the charges against you, Mr. Kennedy?” The judge waited for Bruce Kennedy to answer.
“Yes, Your Honor,” Bruce said.
“The prosecutor is also seeking sentencing enhancements due to the volume of the narcotics involved. You were attempting to sell and/or transport in excess of 80 kilograms of cocaine, a schedule II drug. That is a potential sentence of 9 years in prison with an additional 25-year sentence based on the amount of cocaine involved. Do you understand that, sir?”
“I do, Your Honor,” Bruce said.
“Good. How do you plead against these charges? Guilty or not guilty?”
“Not guilty, Your Honor.”
The judge noted Bruce’s decision on the paperwork then looked at Cooper McGill and the prosecutor. “Do we have a preliminary hearing date?”
“Yes, your honor,” Cooper said. “The preliminary hearing will be next Thursday.”
“Next Thursday it is,” the judge marked it in his paperwork.
“What about a bond?” the judge asked.
“We would request that you deny bond in this case, Your Honor,” the prosecutor stated. “This is a serious felony and the defendant has the resources to flee the country, and the incentive to do so. It’s highly likely that if he’s released on bond, we won’t see him again in this courtroom. For those reasons we request that bond is denied in this case.”
“Mr. McGill?” the judge said.
“Your Honor, I’d like to request that my client is released on his own recognizance. Mr. Kennedy is a California licensed attorney with no formal complaints, no disciplinary record, no criminal history, and he has a law office in San Jose, where he represents people in the community. Mr. Kennedy is eager to present his case and clear this matter up. There is a zero percent chance that he will miss the prelim hearing. Unfortunately, a former client of Mr. Kennedy’s has made a false statement against him, in a clear attempt to get out of his own charges, and my client is confident that there is absolutely no evidence to support these wild accusations. Mr. Kennedy will be here to clean this matter up and set the record straight. This is simply a misunderstanding with no merit to the allegations, at all. This is simply a case of an angry client trying to save his own neck by blaming it on his lawyer.”
The judge scrunched his face as he flipped through the papers in front of him. He’s heard it all before but now was not the time or place to argue the merits of the case. “Not only do they have a statement from a confidential informant, but they have detailed exchanges directly from Mr. Kennedy’s phone. That doesn’t sound baseless to me.”
“I understand that’s what they based the arrest warrant on, but it’s clearly an attempt by the confidential informant to save himself at the expense of Mr. Kennedy. If the police had done any investigative work at all they would have discovered the actual facts. The phone that they claim belongs to Bruce Kennedy is actually registered to a corporation called HeavenLee T-Shirts, Incorporated, and the sole director of the company is listed as Leonardo Giordano. So, that is not Mr. Kennedy’s phone. It’s a company phone that is under the control of Leonardo Giordano, who we are currently trying to find out if he is possibly involved in this case somehow. Obviously, we haven’t had time to review all of the evidence yet, but if it turns out that the confidential informant is Mr. Giordano, this would clearly show that the statement is false and the evidence is misplaced as it relates to any conversations between Mr. Giordano and my client. In addition, Mr. Kennedy’s actual mobile phone is currently in police custody, because it was confiscated when he was arrested, and the phone number does not match the number listed in the arrest warrant as exhibit B.”
The prose
cutor narrowed his eyes and raised one eyebrow. The color left the prosecutor’s face.
“Is this true? About the phone?” the judge asked the prosecutor.
“We know that Bruce Kennedy’s name was assigned to the phone number in question, but we have not obtained the actual ownership records as of yet.”
“Well, it looks like Mr. McGill got the records for you. Mr. Kennedy, what type of law do you practice?” the judge asked.
“Primarily criminal law,” Bruce said. “With a few personal injury cases when I can find them, Your Honor.”
“And you have a law office in San Jose?”
“Yes, Your Honor. I’ve been in the same office for almost seven years now.”
The judge took a deep breath. He wrote something in Bruce’s file. “I’ll set a cash bond in the amount of $50,000. If the prosecution presents additional evidence at the preliminary hearing, I reserve the right to increase, or deny, the bond. Fifty thousand cash bond. We’ll see everyone back here next Thursday.” The judge tossed Bruce’s file on top of the heap and grabbed another one from the opposite side of his bench.
Chapter 45
Detective Hatchett pulled into the driveway of Castello del Re and slammed on his brakes as he reached the guard shack. “Open the damn gate,” Hatchett yelled to the guard.
One of the police officers signaled to a member of Lee’s security team sitting inside the guard shack to open the gate. The gate opened slowly and Hatchett took off like a bat out of hell as soon as it was open wide enough for his car to sneak through.
Lee stood in front of his house, in the circle driveway, waiting for Detective Hatchett. Hatchett pulled around the circle driveway and locked up his brakes then skidded about five feet directly in front of Lee.
Lee Giordano raised his arms to show his disapproval. “What the hell?”
Hatchett jumped out of the car, stomped over to Lee and grabbed him by the shirt. “You fucking asshole. You fucked me.”
