Bradley Levine stood up. “Your Honor, we are very sorry to hear that Mrs. Garcia’s home was destroyed, but we would like to make a motion for a mistrial at this time. The prosecution is not prepared to go forward, and they apparently do not have their eye witness.”
“Your Honor, I object to that motion. We do not yet know Mrs. Garcia’s status, and it is a little premature to presume she is dead—unless the defense knows something that we do not.”
“Good point, Ms. Delaveccia. Do you have knowledge you would like to share with the court, Mr. Levine?”
“No, Your Honor. We are just as surprised as the prosecution.” Somehow she doubted that, although Gonzalez would most likely not confide his plans to take out a witness to his defense counsel.
“We will reconvene tomorrow at one o’clock to find out what the fire department has discovered at the scene. Bailiff, advise the jurors to be here at one. Court dismissed.”
* * * *
On Wednesday afternoon Gabby was in court ready to convey bad news to the judge. The fire department had found the body of Mrs. Garcia in the burned out house. The medical examiner confirmed that she had been shot twice in the head with a nine-millimeter firearm and had been dead before the fire started as there was no smoke in her lungs. She had definitely been murdered.
Levine immediately jumped to his feet. “We are very sorry about this sad news, but I again ask for a dismissal of the charges against my client and his immediate release. Mr. Gonzalez has been incarcerated for a year.”
“Judge, we would ask for a continuance for a week to give BSO time to investigate the fire and Mrs. Garcia’s murder. We would appreciate it if you could delay a ruling on Mr. Levine’s motion until then.”
“We would like to request bail for Mr. Gonzalez while the police investigate this matter.”
“I will rule on the defense’s motion next week after the fire department arson squad and BSO have had an opportunity to look into this distressing matter. Bail is denied. Mr. Gonzalez will be remanded to the county jail for the time being. We will reconvene at one o’clock next Monday to hear arguments regarding the motion to dismiss, or in the alternative, the prosecution’s motion to amend the charges.”
* * * *
That afternoon, they had a meeting at BSO. Gabby advised Kaylin and Del of what she had witnessed during Levine’s opening statement. She believed that he had signaled his man to go ahead with the elimination of the eye witness, and less than an hour later she was dead. It was a chilling scenario.
Del said, “We’ll pull all the video in the courtroom and also see if there is any video available near the crime scene or if we can scare up any witnesses. Unfortunately, this will make anyone who might have seen something very reluctant to come forward.”
“If we can prove that Gonzalez directed his gang members to take out Mrs. Garcia, maybe we can build a racketeering and conspiracy case and charge him and the other gang members under the Florida RICO Act. The Toros are certainly involved in criminal activity as part of an ‘organized group.’”
“Talk to Miguel about that,” Del said. I know that Florida prosecutors in other counties have had success in targeting gangs through RICO.”
* * * *
Chloe Carlton, a detective in the secretive Strategic Investigation Division that handled narcotics and vice, met her confidential informant at the back of a dark, slightly seedy bar on Federal Highway on Wednesday night. She had a beer she hadn’t touched in front of her and ordered one for the CI. “So, Pogo, what have you got for me? I want to know which of the Toros torched the Garcia house and how they got their orders from Gonzalez.”
“Come on, Detective. It just happened. You gotta give me some time here.” Pogo was a low-level, fringe member of the Toros that Chloe had been able to bring aboard when his pregnant girlfriend had been picked up on narcotics charges. Chloe had seen the arrest as an opportunity to get intel on one of the worst gangs in the county. The Strategic Investigations Division sometimes did things a little differently than the rest of BSO.
“There is no time, Pogo. I need the information now. If you want me to hold up my end of our deal and keep your chica out of lockup over that ‘possession for distribution’ charge, you have to give me what I want. I’m not running a charity here.”
“Okay. Okay. I’ll see if I can hang out with a couple of the low-level guys tonight. They’ll be high on taking out the old lady for Gonzalez. They’ll think they’re gonna be ‘made men’ and move up in the organization and probably want to brag. I might be able to learn something.”
“Okay. Do it. I want to hear something from you tomorrow. We think Gonzalez passed the order to his crew from the defense table by giving them hand signals. See if you can find out what the signals are and what they mean. They may be willing to brag about doing that under the noses of the prosecution and police. If you get me that information, I’ll make sure that your girl walks, and we’ll be square. And then you and she should get the hell out of town and start a new life with your kid.” Chloe knew she was pushing Pogo hard, but CIs wanted the benefits without coming up with the goods.
* * * *
When Gabby walked onto the boat that night, Murphy greeted her as though he hadn’t seen her in weeks. She sat down on the deck and put her arms around the big, yellow dog and just hung on, and finally the tears she had been holding back all day started to fall. She’d had to be calm and professional in court and at the office. She hadn’t been able to give in to the tears that were hovering just behind her eyes all afternoon.
Mrs. Garcia had been a grandmother who took care of a small grandchild while the child’s mother worked cleaning hotel rooms to earn a living. She had been a feisty, independent woman who made her own way, didn’t take welfare, and made a difference in the lives of the people around her. And now she was gone because she had tried to do the right thing. Gabby was distraught. She felt guilty. She should have convinced Mrs. Garcia to go into protective custody. If she’d been safely tucked away in a safe house, she would still be alive. Gabby didn’t know how she was going to live with that.
* * * *
When Miguel walked up the ramp to Gabby’s Nest, he found her lying on the deck with Murphy clutched tightly in her arms. She had fallen asleep, and the salty tracks of tears could be seen on her cheeks. He had to smile. The big golden retriever had the patience of Job, and he looked up at Miguel as if to say “Do something. My mom is upset here.”
Miguel bent down and dislodged Gabriella’s arms from her death grip on Murphy’s neck. He picked her up and carried her inside. He laid her down on the sofa and went to the galley to make her some tea. He didn’t know what to do to make her feel better. He knew exactly how she felt. As the ASA in charge of the case, she felt responsible for the safety of her witness. He had been worried about Mrs. Garcia himself and had wanted to see her in protective custody. The woman had stubbornly refused to accept protection, and it had cost her life. He didn’t want it to cost Gabriella her self-confidence. She was one of the best Assistant State’s Attorneys he had ever worked with, and that had nothing to do with the fact that he loved her.
When the tea was ready, he poured it into one of Gabriella’s antique china cups, put some cookies on a plate, and took it over to the sofa. He gently shook her shoulder. “Wake up, Gabriella. Drink some of this tea. If you’re hungry I’ll make you something to eat, and then I’ll take you to bed. Things will look better in the morning.”
“No, they won’t. Mrs. Garcia won’t be cuddling her grandchild in the morning.”
“No, she won’t, and I’m so sorry about that, querida. I wish things had turned out differently. Tomorrow, after a good night’s sleep, we’ll talk about where to take the case from here. The judge is probably going to have to dismiss the Martinez murder charges for lack of evidence. I’d like to have something else ready to take him down with. I’m thinking RICO.” The Racketeer Influenced and Corrupt Organizations Act might be the answer to the problem of taking d
own Gonzalez and the Toros.
“I was thinking RICO, too. Kaylin, Del, and Chloe are trying to see what they can dig up that will tie Gonzalez to the hit on Mrs. Garcia. I think I saw him give the go ahead signal to his men in the courtroom this morning, but of course, I had no idea what it meant at the time.”
“What did you see?” Miguel was concerned. He didn’t like the sound of this. He certainly didn’t want Gabriella in the crosshairs of these animals.
Gabby told him about seeing Gonzalez making hand signals to someone in the gallery. “Del is going to pull all the video from the courtroom and see if any of that might be on tape. Chloe has a CI she’s going to put some pressure on as well.” Miguel prayed that the courtroom video cameras had caught what they needed because he didn’t want Gabriella to have to testify to what she had seen. He would move heaven and earth to keep that from happening. So far it had not occurred to her, and he hoped it wouldn’t.
“I’d like you to come out to Quixote Acres for a while. I think it would be safer for both you and Murphy. What do you say?”
“I don’t think that’s necessary, Miguel. It’s such a bear of a drive in to downtown in morning traffic from your place.”
“Gabriella.” He dropped his voice to the Dom level. “I would be much happier if you were tucked in at Quixote Acres. You can see for yourself that this is nothing to fool around with. Do not be stubborn like Mrs. Garcia.”
“Miguel, that’s not fair. I have a job to do.”
“And I am not suggesting that you not do it. Only that you do it from a more secure location.”
It looked like she might be weakening. He pushed a little harder. “This is not a suggestion. I want you to come home with me tonight. Pack a bag and let’s go. Murphy likes to be there with the boys, and you will be safer. I’ll double up on the security patrols until this is settled.”
“Security patrols? I didn’t know about any security patrols.”
“I contract with a private security company for routine patrols of the property. These are not just rent-a-cops but professional security people. I don’t usually mention it. It’s just part of being a public figure dealing with not nice people.” He sighed. She didn’t look happy to hear this. “It’s just a fact of life, Gabriella. Better safe than sorry.”
“Okay. I can see why you would be concerned, but no one knows where I live. The house is in my step-father and mother’s name and there are no separate accounts for the utilities or telephone in my name for Gabby’s Nest. I have always kept my personal address private.”
“Nonetheless, pack. Discussion over.”
* * * *
Gabby and Murphy had been staying a Quixote Acres for several days under the eye of the security patrols that she had not noticed before. She certainly hoped they had not seen her sunbathing naked by the pool, or God forbid, making love in the pool. She drove into work every day in her own car, and they continued working on the RICO case for use in the likely event that the charges against Gonzalez were dismissed. The thought of that scum walking free because he had murdered a good woman was driving her crazy. She felt guilty that she hadn’t been able to protect Mrs. Garcia. She was pushing herself to the point that Miguel was worried. She could see it in his eyes when he looked at her. She knew she was on edge, and Miguel was trying to be patient with her. She slept with him every night, but she knew she disturbed him with her nightmares. She kept dreaming about Mrs. Garcia’s house blowing up with her inside. She knew Mrs. Garcia had already been dead, but that fact didn’t seem to stop the nightmares.
Chloe’s CI had confirmed that Rafael Gonzalez, with the help of several of the Toros, had been responsible for the hit on Mrs. Garcia, but they still had no concrete evidence. She was trying to convince him to wear a wire. So far she’d had no luck. He was too frightened of getting caught ratting out the gang. That would mean a death sentence.
Del and Kaylin were working on the courthouse videos, which were promising. Gonzalez was clearly in the camera’s eye signaling someone in the gallery. If they could decode the hand signals, they might really have something that could be used as evidence in a trial. Chloe’s CI was also still working on that angle.
When Miguel got home on Friday night, she had already put the dinner Magda had left in the refrigerator into the oven to cook. The baked pork chops with roasted potatoes smelled delicious. He kissed her and hugged her tight when he walked into the kitchen. “How about a trip to the dungeon tonight? It might help you to relax and let some of this guilt go.”
“Okay. I don’t think that’s going to happen, but it might help me to relax.”
* * * *
After they had given Quixote a rubdown and his evening treats, Miguel unlocked the door to the dungeon and they walked in. He knew that Gabriella was now familiar with the sub protocol and that they were in the scene as soon as they walked through the door. She shed her clothes, hung them in the antique Spanish armoire, and then sank into the slave position to wait for instructions.
Miguel stood over her. “Gabriella, I am worried about you. You can’t seem to get your act together, and I know that you blame yourself for not forcing Mrs. Garcia into protective custody. That is unrealistic. You are not responsible for the criminal acts of a vicious gang, and you could not force Mrs. Garcia into a safe house against her will. That was her decision to make, and it might not have saved her in any event. The Toros have ways of getting even classified information.”
“Yes, Sir. I’m sorry that I am disappointing you.”
“I am not disappointed, Gabriella. I am worried sick. You need to snap out of this lethargy that you have slipped into. You work in a manic state all day and then slip into an almost comatose state of depression at night until the nightmares wake you up. Maybe you should seek treatment for post-traumatic stress or something. I’m no psychologist, so I don’t know the answer. I just know this cannot continue.” Miguel was considering threatening to take the prosecution of Gonzalez away from her to shock her out of her lethargy. Maybe if he got her mad enough, she would snap out of it. He knew that was a risky move and was reluctant to make it. He didn’t know what else to do, and he decided to go for it. “If you don’t get help, I am going to have to reassign the Gonzalez case.” He saw the shocked and hurt look on her face and immediately regretted his words. He would take them back if he could, but they were out there between them.
“You bastard! How could you do that? I don’t believe this—after all the work I’ve done on this case. Murphy and I are going home tonight. I’m not staying here with you for another night.” Miguel turned away from her. He was disappointed and hurt. His gamble had not paid off. The fury and confusion had taken over, and clearly she spoke without thinking. “What is it with you, Miguel? You give just enough praise to have me craving more—wanting your attention and love with every fiber of my being—and then you withhold your approval and affection? You would humiliate me in front of the whole office by reassigning my case?”
“I don’t play those psychological games, Gabriella. When you deserve praise, I give it. When you need a kick in the butt, I will give you that as well. You should know that I might hurt you physically, but I would never hurt your heart. Despite our BDSM play, I have never tried to play emotional games with you. I’m a sadist, remember? I never pretended otherwise. I love to beat your ass, but I have never withheld my love or emotional support. If you don’t know I love you, then you are not as smart as I thought. I’ve adored you for two years. Our recent personal relationship is just the feelings I’ve had all along coming to fruition.” He was crushed at her lack of understanding. “I don’t think coddling is what you need right now. Right now, I think you need a kick in the ass to get you started again. Mrs. Garcia deserves cold, clear-eyed justice, not maudlin self-pity.” He looked deep into her eyes. “Snap out of it, and think about what I’ve said, Gabriella. You need to get back on your horse. I’m not the enemy here.”
* * * *
Gabby was devastated, bu
t what he said made some sense. He had been coddling her. She knew she had been running like a hamster on a wheel, struggling and getting nowhere. He had also said he loved her out loud in a declarative statement for the first time. He had spoken in anger, and she really wished his declaration hadn’t been in this context. She didn’t know what to do. Should she follow through on her threat and leave? Should she try to think this out logically? She had been trying not to give in to the tears. Maybe what she needed was a good, cleansing cry. Maybe she needed a good spanking and Miguel’s arms around her. Tears welled up in her eyes as she saw the hurt and disappointment on his face, and she burst into wracking sobs.
“Oh, baby. Come here and cry it out.” He picked her up off the floor and walked to the big chair. He pulled her into his arms and cuddled her against his chest as the dampness of her tears soaked his shirt. “I’m here, querida. I’ll always be here.” After he held her for what seemed like hours, her sobs were beginning to subside. Her tears were still a steady stream on her cheeks. He rubbed them away with his thumbs and kissed her forehead. “What do you want to do? Do you want to go back to the house and go to bed, or do you want a scene?”
“I think maybe a scene would help me release some of this stress.”
“Will you turn it all over to me for now and just submit?”
“Yes, Sir.”
Miguel went to the storage wall and picked up a set of leather cuffs lined with sheepskin and a soft suede flogger. He returned to Gabriella and gestured for her to raise her wrists. He buckled on the cuffs and carefully checked them for fit. He took her hand, raised her to her feet, and guided her to the St. Andrew’s Cross. They had not used the cross before. He quickly fastened her wrists and ankles to the cross bars and checked to be sure she was comfortable. She wouldn’t be comfortable for long.
Gabriella's Prosecution [The Black Iris Club 3] (Siren Publishing Everlasting Classic) Page 11
