Tommy inhaled deeply, trying to regain his composure.
Dr. O’Reilly took a pause, waiting for a sign that Tommy had calmed down, before she spoke again. “Okay, let’s go back to Troyer. I want you to be specific now, so try as hard as you can to get past your anger and tell me everything you can about him.”
Covering his ears with his hands, Tommy began to speak. “I thought he was so cool, the way he acted around people—especially girls. I mean, the dude was legend. I watched him pick up chicks all the time like it was nothing. ‘Hunting the fox while still in its den’ is the way he described it. And he was teaching me. Then, one night, I’m watching the dude while he picks up some hot bartender.” Suddenly, Tommy’s voice and demeanor changed. “Hello, love, I’m from Down Under, just visiting for a spell, don’t know much about New York. Can you help me out?”
“That’s a wonderful accent, Tommy,” Dr. O’Reilly said lightly, though she was clearly surprised by what she had just heard.
“You wanted to know about Troyer, so I’m telling you. You see, when I first met him he didn’t have an accent, but the night he killed the bartender he started talking to her like that. At the time I was impressed, but ever since then he hasn’t stopped talking that way. His new story is that he grew up in Australia. But I know that’s not true.”
“How do you know that?” she asked, looking up at the mirror and wondering if Levy had picked up on what just happened.
“Because when we first met, he told me he was raised in an orphanage. He also told me he ran away from there because a priest was abusing him. For many years after that, he lived on the streets.”
“That is quite a story, Tommy. But how do you know he didn’t just make all that up?”
“I never really thought about it. I simply assumed it was true. Why would anybody make up something like that?”
“I really couldn’t tell you. Hopefully, together we can get to the bottom of this. For now, I think you should get some rest.”
Dr. O’Reilly talked Tommy down and brought him out of the trance, leaving him with no memory of what had just transpired.
CHAPTER 83
“Quite a session, there,” Levy said as Dr. O’Reilly entered the observation room.
“To say the least, Counselor. As you can see, this young man is deeply troubled.”
“He’s got quite the story. What do you make of it?”
“Tommy certainly has been traumatized—numerous times—which may explain his current manifestations. After observing the change in his body language as he adopted the Australian accent, my sense is that he may be suffering from DID.”
“DID? What the hell is that?”
“Come on: you mean to tell me you haven’t heard about the latest and greatest psychological re-definition of the modern era?”
“No, Doctor, I haven’t. Please enlighten me.”
“Well, DID stands for Dissociative Identity Disorder. It’s the modern-day equivalent of Sybil. Remember that story?”
“What—like multiple personalities?” Levy asked.
“Precisely. The old definition of Multiple Personality Disorder is now known as Dissociative Identity Disorder. And I think Tommy may be a classic case.”
“You can’t be serious.”
“I never joke about my work, Harold. You know that.”
“It’s just that this is so bizarre.”
“That it is. And I must caution you, that this is only a preliminary diagnosis. I could be wrong. Tommy did give me a very credible answer as to why he mimicked Troyer Savage.”
“Yes, but you also said that his body language changed.”
“I did, and that is the only reason why I even suspect DID. I need more evidence, though, before I can make a real diagnosis.”
“What kind of evidence?” asked Levy.
“After he's had some time to relax, I have to hypnotize him again and see if I can draw out the Troyer Savage personality.”
“Sounds logical. I’ m sure I can arrange it in the next day or two. In the meantime, please prepare a written report of your findings.” Levy put his finger to his lips and thought for a moment. “I’ve got an idea, and I think Aurora Storm may be able to help us with your diagnosis. She’s the only one who has spent time with both Troyer and Tommy. Perhaps she can shed some light.”
CHAPTER 84
The Port Jervis police finally released Aurora’s car from evidence, and she made her way to New York City to visit Tommy. Levy reached her on her cell while she was still in transit, and the two arranged to meet when she arrived.
An hour later, the two met in the lobby bar of the Marriott Hotel in lower Manhattan.
“I’m glad we could finally get together and talk, Ms. Storm,” Levy said, extending his hand.
“Please, call me Aurora,” she said, reaching out to greet him.
“Very well, Aurora. Would you care for a drink while we talk?”
“Absolutely. I’ll take a Coors Lite.”
Levy motioned for a waiter. “Absolut Cranberry and a Coors Lite, please.” Turning to Aurora, he began. “Okay, as you know, I’m Tommy’s attorney, and I would like to ask you some questions . . .”
Aurora interrupted. “Wait—before you do, how is Tommy?”
“He’s fine for now, and he asked me to give you a message. He wanted me to tell you that he said he’s innocent and that he’s sorry he brought you into this mess, and when he works everything out, he will make it up to you.”
Aurora smiled. “When can I see him?”
“Soon. But first, we need to talk, so if you please . . .”
“Fine. What do you want to know?”
The waiter returned with their drinks and set them down.
“Thank you,” Levy said, turning to Aurora. “How long have you known Tommy?”
“We knew each other as kids, but I hadn’t seen him for twenty years before he walked into my shop in Cape May,” Aurora took a sip of her beer.
“Can you tell me about that and how you two ended up in Port Jervis?”
“Well, Tommy came in and bought a bunch of clothes. It took us a few minutes before we realized that we knew each other, but once we did, some of the old feelings came back. Coincidently, he was my first kiss. Anyway, he told me that he was being followed. He bought some new clothes to change his appearance, put them on, and left out the back door. We hooked up again when I got off work, and he told me this wild story about some guy he knew who killed two girls and framed Tommy. I looked into his eyes and believed him right away. I’m very good at reading people, you know, and Tommy’s no killer.”
“You mean to say that you just jumped right in and took up the cause of a possible murderer? Someone you barely knew at all, and hadn’t seen in twenty years, knowing the police were looking for him?”
“When you put it that way, it sounds crazy, but it really wasn’t like that at all. You met Tommy, so you know. He couldn’t be a killer.”
“Honestly, Aurora, I think you may soon find out it’s a lot more complicated than that. But let’s continue. What can you tell me about Troyer Savage?”
“Only what Tommy told me about him. He’s a nutcase and he’s the killer. I’m sure you know that he kidnapped me, tied me up, and left me in a shack in the woods.”
“Yes, I am aware,” Levy answered. “Please tell me more about it. How did it happen?”
“I’m not exactly sure how he first got to me. You see, the last thing I remember, Tommy walked out of the room while I was taking a shower. I was so tired I must have fallen asleep on the bed. When I woke up, I was blindfolded and tied to a chair. I yelled out, and no one answered. At that point, I figured it had to be Troyer, considering everything Tommy told me about him.”
“I see. So what happened next?”
“A few hours later, I heard the door open, and Troyer came in.”
“How did you know it was Troyer if you were blindfolded, and you had never met him before?”
“It was the way
he talked. Tommy told me he was faking an Australian accent. Who else could it have been?”
“That’s a good question,” Levy said. “Forgetting the accent, did his voice sound familiar?”
“What do you mean? I don’t understand.”
“The pitch, the tone, the sound of his voice, was there any familiarity to it?”
“Not that I could tell.”
“Okay, then, do you recall what he said?”
“He said a bunch of stuff about Tommy and that he didn’t want anything from me—just Tommy. It was like he had this vendetta against him and just wanted to do anything he could to screw with Tommy. He ripped open my shirt and grabbed at my crotch. Then he tried to stuff a sandwich down my throat. I spit it back at him, and he seemed to enjoy that. When I talked back to him and didn’t act scared, he took off.”
“Do you think you would recognize his voice if you heard it again?”
“I suppose so.”
“Do you mind if we try something? I have a recording here, and I’m going to play a segment for you. Listen closely and tell me if it sounds like Troyer.”
“Okay, sure.”
Levy had already set up the recording to play at precisely the point where Tommy had mimicked Troyer. He switched it on. “Hello, love, I’m from Down Under, just visiting for a spell, don’t know much about New York. Can you help me out?”
“Well, Aurora, does that sound like Troyer?”
Aurora tilted her head, frowned, and looked up. “No, I don’t think so. I mean, I can’t say for sure, but from what I recall, it sounds different. I will say this, it does sound like an Australian or English voice, but you know those foreign accents—they’re hard to tell apart. Troyer did call me ‘love,’ though. I remember that for sure. But don’t they all say that?”
“So you don’t believe its Troyer’s voice?” Levy asked.
“It’s so hard to say. I thought I would recognize it right away, but when I heard your recording, it confused me. That one sounds a little fake. I don’t know—the recording is too fuzzy. And like I said, guys that talk with those accents all sound the same to me.” Aurora thought for a moment. “Hey, do they have Troyer in custody? Is that his voice?”
“No, Troyer is not in custody, and we aren’t sure if it’s his voice. I’m just testing a theory.”
“Well, then, what else do you want to know?” Aurora asked.
“When you were with Tommy, did he ever act oddly or say anything that would suggest he was not well?”
“He isn’t crazy, if that’s what you’re getting at, Mr. Levy. And he isn’t sick. Although he is taking some pills for migraine headaches. I’m sure he told you that we had to stop at some clinic to refill his prescription.”
“He told you about the study?”
“Yes, he did.”
“Were you with him when he actually took the pills?” Levy asked.
“As a matter of fact, I was—a number of times.”
“Did you ever notice any peculiar behavior after he took the pills?”
“Not at all. But he did tell me that they were the only things that ever seemed to stop the pain in his head.”
“I see. Did you happen to notice how many pills he would take at one time and how often he would take them?”
“I’m sorry, but I never really paid attention.” A confused look played across her face. “I don’t understand. What does that have to do with this case?”
“Honestly, Aurora, I’m just exploring ideas. It’s my job to look at all the angles and see what works best when mounting a defense.”
“Yeah, but he didn’t do any of this. Isn’t that good enough?”
“I’m afraid not. There is substantial evidence that suggests he may be responsible.”
“Troyer is framing him. Don’t you see that?”
“I’m investigating that, too.”
“Well, you better keep digging,” Aurora said firmly. “So if there’s nothing else, can you arrange for me to see Tommy?”
CHAPTER 85
Judge Fairgrieve’s clerk called the Court to order. “The next case on today’s motion calendar is The People versus Sullivan. This is defendant’s motion. Counsel, please proceed.”
Levy stood. “Good morning, Your Honor. Harold Levy for the defendant Thomas Sullivan. You have my papers on this motion to suppress. As I’ve stated therein, the detectives who arrested my client engaged in improper behavior and violated his rights. The evidence will show that after Mr. Sullivan asked for counsel, they continued to question him. They withheld food and water, they withheld necessary prescription medication, and they lied to him in an effort to compel him to talk. I am asking the Court to suppress all the statements Mr. Sullivan made from the point he was arrested and all of the evidence obtained by the People from those statements. The fruit of the poisonous tree, Your Honor. The law is clear: The People cannot use any of the evidence obtained from Mr. Sullivan after he was arrested. My papers detail everything, and I ask the Court to consider all the arguments contained therein.”
“Very well, Counselor,” Judge Fairgrieve said. “Now I’d like to hear from the People.”
Galub rose. “Your Honor, the evidence will show that Mr. Sullivan knowingly waived his right to have counsel present and voluntarily spoke with the detectives. We have videotape of the interrogation, and it has been submitted as part of our responsive papers. Additionally, the bulk of evidence we have amassed was obtained without any assistance from Mr. Sullivan. We have blood DNA found in the trunk of Mr. Sullivan’s car that matches our victim. We collected evidence at the scene that points to Sullivan. A pizza box found nearby comes from the restaurant where Mr. Sullivan works. That restaurant is located in Queens, almost fifteen miles away. We also have Sullivan’s DNA. We had a valid warrant and collected his DNA legally. So even without Mr. Sullivan’s statements, we have sufficient evidence to make our case.”
Levy interjected. “Your Honor, the Prosecution makes a number of bold statements, but in reality, they lack substance. The pizza box that the People call evidence was found in a garbage dumpster located in the alley where they found the victim’s blood. There is a very logical explanation for this. My client works at the restaurant. He brought some pizza with him and ate it on his way to the club that night. He does not deny being at the club. He does not deny drinking a bit too much and vomiting into the pizza box. He does not deny throwing the pizza box in the dumpster. None of these acts are illegal, none of these acts are suspect, and none of these acts are sufficient to obtain a warrant to search Mr. Sullivan’s home. Just because he threw some garbage into a dumpster in the alley where the victim’s blood was found is insufficient to justify the issuance of a warrant. Moreover, this begs the question: Did the police run down all the other people who disposed of their garbage in that dumpster? If not, then their investigation is woefully inadequate, highly suspect, and entirely prejudicial. Lacking any real evidence, a search warrant should never have been issued, and the police should never have been allowed into my client’s home. Therefore, the DNA obtained from the illegal search of his home cannot be used to identify him. Furthermore, the search of my client’s vehicle was likewise illegal. In fact, the blood evidence allegedly extracted from the trunk of my client’s car was obtained by the police in New Jersey. I have yet to see any warrant issued by a court in New Jersey authorizing such a search. Without a warrant and without probable cause to search the vehicle, the New Jersey police conducted an illegal search. Therefore, any evidence they obtained and forwarded to the New York police is likewise inadmissible. Clearly, all evidence obtained at my client’s home and in his vehicle must be suppressed. Without this evidence, the People have nothing upon which to hold my client. I would ask that all the evidence obtained in this case be suppressed and, upon suppression, that the case be dismissed.”
“Do you have a rebuttal, Ms. Galub?” Judge Fairgrieve asked.
“Yes, Your Honor. First, I refer the Court to the videotape of Mr. Sulliva
n’s confession. From it, you will see clearly that he was under no duress and freely spoke to the detectives after he was Mirandized—and after he acknowledged that he wanted to speak without counsel present. At the very least, Mr. Sullivan’s statements, standing on their own, are sufficient to charge him as an accessory. Given the time, however, the People intend to establish that the defendant is actually the perpetrator. Additionally, with respect to the defendant’s claim of an illegal search by the police in New Jersey, we have been advised that the vehicle was parked illegally, it was unlocked, and an overwhelming smell of bleach emanated from the trunk. The officers had sufficient probable cause and were justified in searching the vehicle. Moreover, the initial DNA was extracted from a water bottle I secured on a table outside a restaurant where the defendant was sitting.”
Judge Fairgrieve stood up. “Thank you, Counselors. I’ve heard enough. I will reserve decision and read your papers. You can expect my decision within the week. In the meantime, the defendant will remain in police custody.”
CHAPTER 86
Stone cornered Galub outside the Courtroom. “That didn’t go so well in there, Counselor, did it?”
“Fairgrieve is a good judge,” Galub said. “He’ll see past the smokescreen.”
“And what if he doesn’t and dismisses the case?”
“Look, Detective: I wasn’t dealt a great hand, here. Levy had some valid arguments about procedures. We have to hope the judge focuses on the videotape. It’s our best chance.”
“Still, Counselor, I have a bad feeling.”
“Well, we have a few days before the judge renders his decision. That gives you a little time to come up with evidence that I can use. If you do, I’ll bring it to court.”
“If not, Counselor?”
“If not, then we may want to consider a plea and dispose of this whole mess.”
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