by Mark Nolan
Jake’s eyes darkened and he stared at Oxley. “I’d like to exercise my right to consult with an attorney and to have that attorney present during questioning. These rights are guaranteed by the Supreme Court’s Miranda decision. I do not waive these rights or my Fifth Amendment Constitutional rights. At this time I’d also like my phone call that is guaranteed by law.”
“You must be guilty if you want to lawyer-up so fast.”
“The reason I want my attorney is so he can protect my dog from your threats.”
“Do you have any idea how much trouble you’re in with the FBI?”
“Sure, every time I watch a movie I see your warning at the beginning. The one that says the FBI will put me in prison if I make a copy.”
“Are you an activist? Have you ever participated in any protests or movements?”
“I’ve actively participated in my daily bowel movements. Do those count?”
“You don’t seem to be taking this seriously. We have you on video committing a crime and there are dozens of witnesses.”
“I understand that it looks bad, but I was impersonated by a man wearing a mask. Talk to Agent McKay at the US Secret Service if you don’t believe me.”
A strange look crossed Oxley’s face as he once again heard about this supposed Secret Service agent.
Knight said “Jake we just have a few things we’d like to understand. Your answers can help with that. Why not help us so we can help you?”
“Thank you, Agent Knight. As you know I have the utmost admiration for the good people of the FBI who serve with distinction and keep America safe, often at the risk of their own lives. But with all due respect to you fine folks, you have the wrong man here. Meanwhile you’re letting the real criminal get away. He’s laughing at you and me right now. Making fools of us while plotting his next crime.”
Oxley opened a file folder and slid an 8 x 10 photo across the table in front of Jake. He tapped his finger on the photo. “That’s you standing by the TV camera-weapon at the scene. Do you deny it?”
“Yes I deny it. I wasn’t there. That’s an imposter wearing a mask of my handsome face.”
Reynolds said, “I know what I see in the photo evidence. I see you committing a crime.”
“No offense but you’re both wrong. I know you think that’s impossible, but nobody is infallible. Your investigation will soon find that my fingerprints are not on the camera weapon. My DNA is not anywhere at the scene. The US Secret Service will testify that it could not be me and was not me. I can even get a copy of a CCTV video from the Marina Green along with some witnesses that will prove I was miles away from the Moscone Center when the crime occurred.”
“You want to see yourself on CCTV video? Fine, here you go,” Oxley said, and he picked up a remote control and turned on a TV monitor on the wall.
Jake saw a video of a man that looked almost exactly like him. The man was standing behind a television news camera on a stand, and he had a weird grin on his face. He left the room, and then video went into slow motion. The TV news camera shot a projectile toward the stage. The camera angle changed, and Jake saw a streak moving in slow motion from the camera toward Katherine Anderson. A red bloom appeared on her stomach and she screamed and fell down. Her husband Daniel yelled her name, knelt down next to her and called for a doctor.
The sight of a pregnant woman being shot caused Jake’s heartbeat rate to shoot up and his fighting instincts to kick into gear. He cursed and tried to get to his feet, but the cuffs held his hands immobile. He stood there bent at the waist.
Reynolds drew her pistol and pointed it at Jake. “Did that get you all excited, you pervert?”
Reynolds stared at Jake’s crotch to see if he was becoming aroused. Jake saw her do it, and he let out a sigh, shook his head and sat back down.
“It made me angry that someone would shoot at a pregnant woman, and that he impersonated me while doing it.”
Reynolds holstered her pistol. “It’s no use trying to lie your way out of this. You’re guilty, and we’re going to send you to prison.”
Jake sat back down and looked at the TV screen again. “Is Katherine Anderson okay? Is the baby okay? Are you absolutely sure they are both unharmed?”
“Nice try pretending you care,” Oxley said.
Knight checked his phone. “Both of them are unharmed. The paintball caused Katherine to suffer from shock but she is one tough customer, and I guess her baby is too.”
“Thank you Agent Knight. You have no idea how relieved I am to hear that.”
Oxley showed Jake a tablet computer in a plastic evidence bag. “Evidence found in your Jeep indicates you’ve been stalking former prosecutor Katherine Anderson because she put an innocent man in prison and you think she should pay for her mistake.”
“Jake shook his head. “That’s just some planted evidence to lead you on a wild goose chase. It seems to be working well too. You’re taking the easiest most obvious route. The path of least resistance.”
Oxley worked the remote control. The TV monitor showed the news photos and video that Jake had taken at the golf course murder. “So you just happened to be at the scene of the first attorney assassination crime, right at the moment Caxton was shot?”
“I was following Caxton while doing a news story for my employer. I have a dash-cam video to prove it.”
The images on the TV changed to show a news photo of Jake being hugged by a blonde woman in a pink bikini, with the police “do not cross” tape between them at crotch level.
Reynolds said, “There you are at the second attorney murder scene too. In the arms of a half-naked suspect. When we questioned your ex-fiancée Gwen, she told us you and Kelli Iverson had sex on the Far Niente boat a few hours after the murder. Did the killing of Max Vidallen get you aroused?”
“Reynolds you seem to be sex-obsessed and to have a one-track mind,” Jake said. “Let me guess, when you look at an inkblot test you don’t see a butterfly. You see… butterfly sex?”
“Your ex-fiancée also had to file a restraining order against you for domestic violence,” Reynolds said. “And you violated those laws by failing to turn in your pistols to the police for safekeeping.”
“Gwen lied under oath and filed a false police report. If you don’t arrest her for those crimes you are subjecting me to selective prosecution. That will help me win this fabricated case. Thanks very much.”
Oxley pointed his finger at Jake. “There’s no point in playing cute with us Wolfe. Face the facts. Your ass is going to prison.”
“Are you saying you think I’m cute Oxley? Or that I have a cute ass? Thanks but no thanks. You’re not my type, sorry.”
Oxley’s face turned red in anger, and he stood up with his hands balled into fists. He was interrupted when an agent knocked on the door and opened it, stuck his head in the room and said, “The suspect’s attorney is here.”
Chapter 95
Oxley cursed under his breath about the arrival of the attorney. He wondered how he could get here so soon. Wolfe hadn’t made a phone call yet.
Gregory “Bart” Bartholomew entered the room and smiled at everyone. “Good evening ladies and gentlemen. It’s always a pleasure to meet with agents of the FBI whom I so admire.”
Jake said, “Thanks for calling me a gentleman. Nobody else ever does that except at the gentlemen’s club.”
Reynolds said, “Shut your mouth, Wolfe.”
“Could you put that in writing Reynolds? A minute ago you were trying to get me to talk. Now you want me to remain silent? I’m confused.”
Bartholomew saw an opportunity. “Jake did any of the agents inform you of your right to remain silent and to have your attorney present during questioning?”
“Yes before the questioning began, Agent Reynolds read me my rights and asked me if I understood them.”
“You look as if someone punched you in the nose, I hope it wasn’t one of these fine people,” Bart said.
“No, it was Sarah Chance. She cap
tured me long before the FBI arrived. She should get the reward money by the way. However my face did get smacked again when the FBI agents Tasered me, and I fell face-down on the floor.”
Reynolds said, “Wolfe was told to lie on the floor and put his hands behind his back. He obeyed at first but then he shouted profanity and began to get back up on his feet. He acted in a threatening manner and had to be subdued.”
“That’s because you shocked my injured dog.”
Bart said, “Jake were you allowed to make a phone call?”
Jake shook his head. “No I’m afraid not counselor.”
“Well that mistake helps our case considerably.”
At the word “mistake” Oxley snorted. “There was no mistake. We were getting around to it. The suspect was not denied his phone call.”
Bart wrote something in a small notebook. “Jake did you tell these agents that you’d like your attorney present during questioning?”
“Yes but Oxley and Reynolds just kept asking me questions anyway. We talked about my bowel movements, and Oxley said I had a cute ass or something like that.”
Bart looked at the agents and raised his eyebrows. “Is that correct?”
Oxley glared at Jake. “He was informed that he had the right to remain silent, but he just kept shooting off his big mouth. Anything he said can and will be used against him in a court of law.”
“Were these proceedings being recorded?”
Oxley shrugged. “That information is on a need to know basis.”
“I’ll assume that audio and video were being recorded, and I’ll get a subpoena for a copy of that recording. It probably won’t be admissible in court anyway. Nobody allowed my client to call his attorney or have me present during this questioning.”
“Wrong again,” Oxley said. “I already told you that we were getting around to it. He could have shut his mouth at any time.”
“My client won’t be saying anything further, nothing whatsoever. Not even if it concerns bowel movements or how cute someone thinks his derriere might be. I’d like to post bail for my client now and send him home if I may. Has the bail amount been set?”
Oxley shook his head. “No it has not been set, and it’s going to be very high.”
“How high could it be? The judge will know that my client was miles away from the scene of the crime. He has a solid alibi, witnesses, video and the testimony of a US Secret Service agent. It will all be on television and the internet soon. It might be embarrassing for you… and your boss.”
“The Secret Service? What a load of bull. Bail won’t be set until morning. Wolfe is spending the night in FBI custody and probably longer, much longer.”
Bart wrote down another note. “I’ll be having a word with the judge who sets the bail. About how you interrogated my client without me here, even after he clearly requested to have his attorney present during questioning. You also failed to give him the phone call that is guaranteed by law.”
“We were going to do that in just a few minutes. The talking he did was of his own free will.”
Jake said, “It’s okay about the phone call. I don’t have my phone with me, and it has all of my numbers stored in it. The only phone number I can remember right now is the one from that carpet commercial jingle on television.” He started singing the jingle, “Eighhhht- hunnn-dredddd…”
Bart just shook his head at Jake, then said to Oxley, “Your weak case is further weakened by the tainted fruit of the poisoned tree.”
“I have no idea why you are rambling on about fruit trees.”
“Yes, that’s obvious, and it just makes my job easier. I thought most FBI agents were former lawyers.”
Jake said, “Lawyers with guns? What could be better?”
Reynolds spoke up. “We have plenty of former lawyers. You’ll get to meet some of them soon when they file formal charges against pretty boy there for domestic terrorism.”
Bart sighed. “Acts of paintball terrorism? Is that what you’ll say in front of the TV cameras, Agent Reynolds?”
Reynolds held out her hand and counted on her fingers. “Assault on a prosecutor, carrying a concealed weapon, violation of a restraining order, breaking and entering, burglary, carrying an illegal knife, resisting arrest, lying to a federal agent…”
Bart interrupted Reynolds and said to Jake, “Other than being punched in the face, are you doing okay?”
Jake shrugged. “I’m kind of hungry.”
Knight said, “Bart, as much as we appreciate your law debate, we have work to do. Are you finished here or did you have any further questions?”
Bart realized that Knight just wanted to go home after a long day of work. “Yes I wish to speak privately with my client now. Per attorney-client privilege.”
Knight stood up. “No problem, you’ve got ten minutes.”
Bart smiled politely. “Thank you and as a reminder to everyone, if you record my conversation you will be violating the laws of attorney-client privacy and your case will be thrown out of court.”
Knight motioned to Oxley and Reynolds by inclining his head toward the door. Oxley exhaled loudly, got up and walked out. Reynolds glared at Jake and then followed Oxley. Knight nodded at Jake, left the room and closed the door behind him.
In the hallway, Knight said, “I’m going to make a quick phone call to my family. I’ll be right back.”
“Sure, go ahead,” Oxley said, “Take your time. You weren’t helping us anyway.”
Knight walked down the hallway toward a break room that offered him some privacy.
Oxley glared at Knight’s back as he walked away. He turned to Reynolds and gestured toward the one-way mirror. “Keep an eye on those two.”
Oxley then walked around a corner and took a folded paper from his jacket pocket. It was the printout that SFPD Officer Cushman had given to him. As he read the words of the Secret Service email, he felt a knot tighten in his stomach. The memo looked real enough. If it was, he might be in for a reprimand from his boss.
Reynolds sat at a desk in front of the one-way mirror glass, unseen by the two people in the room as she watched them talk. Her eyes followed the movements of their mouths as their lips formed the words.
Unknown to everyone else, Reynolds was able to read lips. That talent had given her a secret advantage in life. She’d kept the secret to herself so that unsuspecting people wouldn’t know about her ability and try to circumvent it.
Reynolds was pretty sure that lip reading would be considered a violation of the laws regarding attorney-client privilege and confidentiality. She told herself that right now she was using it to find the truth, although possibly doing so illegally. She was confident that she could follow the real truth, and not just look for selective info that confirmed her biased personal opinions.
The computer monitor on the desk in front of Reynolds showed a video feed from the four cameras in the interrogation room. The images were split into four squares on the screen. She zoomed in one camera on Jake’s face and another on Bart’s, to get a close-up look at their mouths as they spoke.
Inside the interrogation room, Jake said, “A woman named Sarah Chance was arrested at the same time I was. She’s innocent, and there was no reason to charge her with anything. Can you please represent her and get her out of here?”
“Yes I am aware of that. I’ll get Sarah bailed out and on her way home ASAP,” Bart said.
“I’m worried about my dog, Cody. I need Sarah to take care of him until I can get out of here.”
“Understood. I’ll fight for Cody just as I would any other member of your family.”
Jake looked around at the many cameras and then at the big mirror on the wall. “You don’t really believe they’re going to let us speak privately here do you?”
“The law says they’re required to, but I never count on having privacy in any government building. However if they overhear us maybe they’ll learn something. All I wanted to tell you was, be polite to the FBI, even if they are not po
lite to you.”
“I thought I was very polite and cheerful and understanding about my false arrest.”
“But you we’re also sarcastic. The last thing you want is to get an FBI agent gunning for you with a personal grudge because you made a joke.”
“I guess I can see how that might not be a good thing.”
“You can’t even imagine. You have no idea. Anybody in law enforcement with a personal grudge can make your life a living hell. Hardly anyone can stop them. Trust me, there are plenty of ex-lovers who could testify about this.”
Jake looked at the mirror, as if speaking to whoever was secretly watching. “Ever since I was a kid I’ve always admired the FBI agents. They were the very best, the untouchables, the G-men. The current director of the FBI is the best of the best, an excellent person to run that powerful organization.”
Bart nodded. “I agree. The current director is a real genius, and the majority of the agents live up to their reputation of being the very best. That’s another reason to be polite. FBI agents work very hard and serve honorably with pride and dedication. They see horrific crimes and they risk life and limb for their fellow Americans. Yet they hardly ever get any thanks from anyone.”
“That’s true. My friend Agent Knight is one of the finest people I’ve ever known. I sleep better at night because people like him are on the job.”
“Oxley and Reynolds are good agents like Knight, they just don’t know you as well as Knight does. You want to be friends with them, not get on their bad side with sarcastic remarks.”
“I’ll try my best but I’ve never been known to play well with uptight starched-shirt authority types who are on a power trip.”
Bart looked at his phone. “My researcher also found that Reynolds served in Afghanistan. She did site exploitation work after Navy SEALs raided and secured terrorist camps. Reynolds was part of an FBI team that went to battle zones and sifted through evidence. She might even have found clues that helped provide intel for Marine infantry platoons.”
“Really? I had no idea. I admire Reynolds for putting herself in the danger zone like that.”
“She’s a highly capable agent, and she thinks you’re a criminal who shot at a Congressman’s pregnant wife. You’re innocent, but she doesn’t know that yet. It’s perfectly reasonable for her to want to put you in a cage. The bottom line is, always be polite to the FBI. Never challenge them or get them angry at you. Is that understood?”
