by Rodolfo Peña
The little guy gained access to the suspect computer through what he called a “tunnel,” which is a virtual pathway through a network.
Upon inspection, most of the files in the machine were humdrum copies of files and archives that were on other machines.
“Yeah, this machine is used mostly for backups,” said David. “Most of this stuff is old anyway and should be deleted.”
“Maybe so,” said Lombardo, “but not now.”
“Let’s look at the files by date of creation,” said the little guy. As he listed them, a file showed up at the top with a date and time very close to the date and time the machine was quarantined.
“What’s this, what’s this?” asked David as he tried to list the contents of the large file. His laptop beeped and clacked and displayed gibberish on the screen.
“It’s encrypted,” said the little log manager.
Chapter 23: Double, Double, Toil and Trouble
Lombardo strolled slowly into the Investigations Department’s building, his head hanging down, his hands in his pockets, his black mackintosh flapping in the draft of the corridor, looking like a don walking in the mall of some English University.
Most of the people that passed him did not greet him and the few that did were not greeted in return.
When he reached his desk, he called to the policewoman that handled the Department’s file section and asked her to open an averiguación previa (preliminary investigation) file.
These preliminary investigation files hold not only all the documents and evidence that stems from the initial investigation, which might include the original complaint, accounts by witnesses, and statements made by individuals, but may also include any medical and expert reports called peritajes in Spanish legal jargon. It also includes all of the reports made by the investigating officer or officers and has to be filed under a unique reference number before the judicial process begins. If legal action is deemed necessary by the Public Ministry, the file is turned over, or at least copies of all the documents, to the judge assigned to review the case.
For several years now, these files had been digitized. It was not only a way of having faster and ubiquitous access to the information, but it was also as a means of safe keeping it, given that in the past, reports, evidence, and statements had disappeared from the files; and indeed, there had been instances where the entire file itself had mysteriously vanished.
Since the accused, the victims, and their respective lawyers have a right to demand copies of the files, the electronic archives made a lot of sense. The State of Nuevo León, always having prided itself that its industry, commerce, and general population were in the forefront in adopting new technologies, had a vast pool of information systems talent from which to hire people when it decided to computerize all of its documentation and archives.
Although, Article 16 of the Federal Code of Criminal Procedures states that only the accused, the victim, and their respective legal representatives may have access to the records of the preliminary investigation, it does not bar officials from the Federal Prosecutor’s Department or the State Judicial Police from obtaining a copy of the preliminary investigation file and only needs the authorization of the public Prosecutor responsible for the investigation.
According to Mexican law, a preliminary investigation file can be assigned one of the following statuses: if more evidence is needed to warrant pursuing the case, the file can be put on hold while such evidence is sought; if the case grows cold and/or the investigation cannot prove there is a case or that there was any criminal or civil wrongdoing, it can be archived which means that there will be no legal action pertaining to the case; finally, it can be forwarded to the court, in which case the public Prosecutor can request an arrest warrant given that the preliminary investigation’s evidence has gathered enough evidence to justify one.
What is not very clear in this legal tangle of laws and responsibilities is the dividing line between federal and state jurisdiction. The division between the two is often shifted in accordance to political expediency of the time, Presidents or Governors pushing through legislation obeying public pressure, or sometimes in response to legislation and/or pressure from its giant neighbor to the north. The line is further blurred by the arbitrary way certain officials—Presidents, Governors, and legislators—often stretch the boundaries of jurisdiction to fit their political purposes during election periods. This was particularly true during the more than seventy years of the one-party rule Mexico suffered during the twentieth century.
As Lombardo was filling out another of the preliminary reports of the investigation, his telephone buzzed. The Director wanted to see him so he left his paperwork and walked over to the Director’s office.
Before he even sat down, the Director picked up a sheet of paper from his desk and said, “Read this.”
Lombardo took it and sat down to read.
M E M O R A N D U M
Subject: Death of subject, named Victor Delgado Ramirez
Directive: 1005938: Office of the Governor
State authorities have determined that the murder of the person named Victor Delgado Ramirez could be linked to organized crime. Therefore, it is hereby ordered that the investigation and pertinent judicial procedures that stem from said investigation be turned over to the jurisdiction of the Office of the Federal Prosecutor.
The Office of the State Prosecutor stated that there is sufficient evidence to suspect that elements of organized crime participated in the death of the above named, and that his execution in the early morning hours of the 15th of this month, was conducted by a person or persons linked to the organized crime elements operating in the State of Nuevo León.
The State Prosecutor, Alejandro Peniche Saldivar, stated that “there is credible evidence” to strongly suggest that this is the line of investigation that should be followed and that “now it should be the Federal Prosecutor who should continue with further investigations.”
Peniche Saldivar pointed out that from the moment he was informed of Delgado Ramirez’ execution he issued instruction to the State´s Public Ministry to use every resource possible during the investigation of the crime, but that it should be recognized that there has been no substantial progress.
The head of the State’s Public Ministry has stated that although his organization will continue its own investigations, unfortunately as of today there has been no progress.”
The State’s Public Ministry Director in a communiqué to the Governor stated that given the nature of the crime he believes that it falls under the jurisdiction of the federal police.”
The Governor of the state agreed with both the Director of the State’s Public Prosecutor’s Office and the State’s Public Ministry that the case should be turned over to federal authorities given that “the state does not have sufficient resources to deal with this kind of problem.”
Governor Platón Sanchez Reyes said that these violent acts “not only shame city, state, and federal authorities, but they are the bloody evidence that proves how organized crime has extended throughout the entire country.”
For his part, the mayor of the city, Nestor Villarreal, insisted that “there should be ample cooperation between the city, state, and federal authorities as Governor Sanchez has instructed,”
He added that “this is something that concerns the Federation and is clearly under its jurisdiction but we will not shirk from our responsibilities and will aid in the investigation until those responsible are brought to justice and the groups that have organized to break state and federal laws are brought under control.”
Signed by__________________on______
Lombardo needed to go only halfway down the page before understanding what the directive meant.
“When is this going to be issued?” he asked.
The Director shrugged his shoulders, “In a couple of days.”
There was a silence and then the Director spoke. His words were said in an unusually calm voice. “Look, just write up a simple,
final report: a body was found, foul play is suspected, and it looks like the work of the drug cartels.” He made a pause and then added, “I have better things for you to do than this.”
“Why are they so eager to get rid of this case?”
“I don’t know and I don’t care; just do as I say.” It was obvious that the question bothered the Director. He was relatively young for a Director of Investigations. He was a graduate of the State’s Law School and had worked in the State Prosecutor’s office before joining the Judicial Police. He had risen quickly since graduating five years before from the Judicial Police Academy.
He had often said that as a policeman it was not in the best interest to question authority; it was in his interest to obey.
He would have a great career if he survived. The citizens of Monterrey had lost track of the number of Directors that had been murdered in the last few years. Was it 5 or 6? Lombardo himself, if asked, could probably not remember. Although younger than Lombardo, the Director already had more gray hair. “The reason you have less gray hair than me, Lombardo,” he had once said, “is that you have a lot more Indian blood.” The man was a bundle of charm.
Lombardo slapped the paper and said, “You know that there is no ‘evidence’ that this was the work of the cartels. In fact, there is no ‘evidence’ period. We don’t even have a complete autopsy report, or a report from the forensic lab people going over the car, and the body has already been released. What the hell are they talking about? How can they proclaim that they have ‘sufficient evidence’ to say this was the work of the cartels?”
“Look, this is a direct order from the Prosecutor and he got it straight from the Governor. It is not our case anymore. It has been turned over to the federal people.”
“Yeah, where it will be put under a stack of unsolved cartel murders or they’ll blame it on the Zetas and wait until they catch a couple of ’em alive so they can pin all the unsolved cases on them.”
“If that is the way they want it, I don’t care.” He pointed to the paper and said, “That says it is no longer my problem and I say it is no longer your problem. If they want to pin it on one of those murdering bastards from the Zeta gang, what’s the difference? They are all hired killers so what does it matter who goes to jail?”
“It is not who goes to jail but why he goes to jail.”
“What the hell are you talking about?”
“The Federal Prosecutor and the State Prosecutor are tossing this case back and forth like it was a live grenade ready to explode. One day it’s their case, the next it’s ours. Some little guy is tortured and killed and all of a sudden everybody’s acting like the JFK cover up. Nobody wants to find the real killers.”
“JFK cover up? What the hell are you talking about? Who’s covering up anything?”
Lombardo got up. “You and your damned boss, the State Prosecutor, and that damned incompetent drunk who is the governor of this glorious state.”
The Director got up, too. His face was red with rage. “Get out. Get out before I have you arrested for insubordination. No wonder they kicked your ass out of Guadalajara; you didn’t obey orders then and you don’t obey them now.”
“They didn’t kick me out for not obeying orders; they kicked me out because I wouldn’t volunteer to shovel bullshit like this,” said Lombardo flinging the paper to the floor.
“You’re not only off the case, you’re suspended!”
“OK, I’m suspended. Who gives a damn?” Lombardo knew that the suspension didn’t mean anything. The Director would have to present it in writing to the policemen’s union and then to the state civil servants review board, so by the time there was a ruling two or three months from now, the case would either be forgotten or in the hands of a judge. Times had changed since he had joined the force. In the old days, the Director could have asked for his badge and he’d be in the street in five minutes. Now the unions had control over the firing and hiring of all civil servants, which included cops. Most of the cops fired nowadays were fired on corruption charges, which only needed an executive order. But proving corruption in Lombardo’s case was tough; some of the other cops in the Department disliked him precisely because of the opposite!
Lombardo walked out of the Director’s office leaving the door open. Everyone in the office could hear the Director yelling into the phone that an order of suspension should be immediately issued against.…
He didn’t hear the rest because he walked down the hallway to his desk and picked up the paperwork and file on which he had been working. He went downstairs to the filing desk and asked the policewoman to copy the paperwork in the file and give him the copy.
“Will you be upstairs, Captain?”
“No, I’ll be in the bar down the street. If you bring it over I’ll buy you a drink.”
Her chubby face twisted into a smirk as she said, “I’ll have one of the cops at the door take it over to you.”
“Aw, but they’re not as cute. Oh, well it’s your loss, darling,” he said as he turned to leave.
Part 4: Day 4
Chapter 24: The Cowboys Play Dominoes
The crew leader and his two crew members took a taxi from the shabby motel where they had been hiding for the last two days and went into the city. The crew leader asked the cabbie to take Lazaro Cárdenas Avenue and once there he would tell him where he wanted to go.
“Check our sixes,” he said to the black man who discreetly turned to see if they were being followed.
When they reached the avenue, he called the safe number at the consulate.
“Yes, this is Russell. Is John Wayne around? No? OK, I’ll call him at that number.”
He called John Wayne’s house. After a few rings, a gruff voice said, “Yes?”
“We’re here in the city,” he announced simply.
“OK, come on over. Do you know the address?”
“Yeah, I’ve got it on my cell phone.”
“Right; take two cabs. If you’re in a cab now, tell him to take you to López Mateo Avenue. There’s a soft drink bottler there; lots of gringos go there, so it’ll look natural. Take another cab from there and come here—not to the house, just the street; get off a block or two away and then walk the rest of the way, ok?”
“Got it,” said the crew leader.
He told the cab driver where to go and when he saw the software bottling company, he told him to stop; he paid him off and waited until he had gone before hailing another cab. He gave this one only the street name and told him he’d give him further directions once they got there.
He stopped the cab when they got to the street in the Bougainvilleas area. Again they got off and waited until the cab had gone, then the three men continued for a block and a half to another street, which was lined with trees and large houses that were set 20 meters from the curb.
“Nice digs,” said one of the men.
“Yeah, John Wayne always picks inconspicuous places to live,” he said derisively.
“Is that his real name? John Wayne?” asked the black man.
“No. Nobody knows his name. That’s what he calls himself.”
They walked up to a house with a fence made of brown bricks topped with wrought iron railing. The crew chief saw that the fence was discreetly wired to warn of intruders. He pushed the button marked timbre.
A half-minute later he saw the curtain in one of the large windows move slightly. John Wayne was home.
Inside the house, a tall, bald man with a gun strapped to his shirtless body looked out the window through the slight opening in the curtain.
“Ah, my guests have arrived,” he said derisively and turned to the three men that were sitting at a poker table. “You guys go into the kitchen. Let me talk to these guys.”
The bald man went to the door and spoke into the intercom as he pushed the buzzer button: “Come on in, fellas.”
He left the door ajar and went over to the poker table to put on his shirt.
The three arrivals walked into
the house cautiously; the crew leader squinted into the cool, semi-darkness of the house, the black man instinctively put his hand under his coat, and the third man waited a couple of seconds before going into the house.
“Come on in, come on in,” said John Wayne, “and shut the door. I’ve got the air conditioner on.”
The three men relaxed when they saw that John Wayne was alone in the house.
“Sit down and take it easy,” he said. “Wanna drink? There’s whiskey on that table, and ice in the bucket.”
The three men made no move to get a drink.
“You got a poker game goin’?” asked the crew leader.
“Had one,” said John Wayne lighting a cigarette. “They boys just left.”
“Mm,” said the crew chief and he took out a packet of Lambert & Butler cigarettes. No one spoke while the crew chief lit up. “I’m glad we finally got to see you, John, after sitting around on our ass for two days.”
