by Alex Harris
Chapter 24
Marlowe and Joan were working on a new case involving a confidential informant drug buy. The client swore up and down and sideways he had never sold or bought drugs. Marlowe learned after maybe her second case not to believe everything the client said or everything the officers wrote in their reports. It could be selective memory, out and out lies, or just a mistake in communication.
“Marlowe, I spoke to Beverly over at Wilson’s office. They have one just like this. Client says the same thing. Never did it. Same officer, but we need the name of the Confidential Informant to see if it is the same informant. Want me to send over a request to the county attorney assigned and set up some interviews to find out who the informant is?” Joan had handled enough of the paperwork in Marlowe’s criminal cases to know which case could or would settle and which ones would go to trial. She also knew what needed to be done on a step by step basis on the cases.
“Yeah. Let’s jump on this rapidly. I just talked to another guy in jail and he is saying the same thing. Wonder if it’s the same CI and if there’s some hanky panky going on. Set up the interviews and I’ll get a contract investigator to work the case.” Marlowe didn’t often use an investigator, preferring to do the interviews and a lot of the investigation herself, but once in awhile there was an advantage to having a MAN on her side in the interview. Especially since the officer involved in the three drug cases was the same one that had threatened her a few years back.
Marlowe represented a client the officer wanted to get to work for him on some drug deals. The client told the officer he couldn’t do anything without his attorney’s blessing. Marlowe showed up at the office and the officer went ballistic. She told him he was violating her client’s right to representation. The officer threatened to arrest her if she didn’t leave immediately. She told her client to keep his mouth zipped and left to find the immediate supervisor, deputy chief or chief.
By the time she was through with the department, her client walked on the charges and the officer was under disciplinary actions. Whenever the officer and Marlowe’s paths crossed, she took care to make sure he didn’t frame her, harass her, or have the opportunity to further threaten her. After his actions on the case that got dismissed, she always had someone else in the interviews with that officer for safety’s sake.
Joan got the interviews set up and the approval for an investigator on the cases. Marlowe met with the investigator prior to the interviews to apprise him of the cases and the concerns she had with the officer. Jake Judd was a former police officer from New Mexico, retired out of the State of Idaho, and now a private investigator in Yavapai County. Jake answered to his last name for his first name: Judd.
Judd stood nearly 6’, slim, dark wavy hair, with more than a touch of gray. His attire was always Western: hat, boots, jeans, and underneath his blazer a .40 caliber weapon he had a permit to carry, even though he no longer needed the permit. Judd’s experience had taught him that police officers didn’t always provide accurate information. He had worked for the police department in New Mexico where his supervisor had falsified information and reports causing Judd to suffer the consequences. Judd’s philosophy was: treat me right, I’ll treat you right. Fuck with me, you go down. He hated a liar, a cheat and a crooked cop.
Judd met with Marlowe before the interviews with the officer, Dick Lloyd, and the deput county attorney, George Crisp to get up to speed on the cases.
“Ms. Sharpe, tell me where we’re headed.”
“Judd, these cases and the others involved look suspicious to me. The confidential reliable informant doesn’t look good to me. This officer has crossed the line more than once. I don’t trust anything he says. I think he’s dirty. My clients say, as does Wilson’s client, that this never happened. I’m concerned that the officer may be making it up as he goes along. I want you with me in interviews and I want you to be able to investigate other cases where the CI is listed. During the interviews, the County Attorney’s office has to reveal the identity of the CI. Then we find out what that person is doing to cover his or her ass. During the interviews, take notes, ask questions, don’t even ask me for permission, just jump in. Okay? And I’ll tell you something else. We go together to the interviews in the same car. I don’t trust him. He has my car license number and he wouldn’t hesitate to call it in for whatever.”
Judd listened to the hardened criminal defense attorney and could tell that this was going to become a high profile case. “Okay, we go together and leave together. Don’t go to the bathroom or anywhere else without telling me. It’s better to be hyper-aware than stuck in a room with an officer who wants to discredit you. We keep the tape recorder going at all times. You follow my lead. Are you good with that?” Judd took control and passed out assignments.
“I’m good with that. I’ve dealt with this officer too many times to stick my head in the sand where he’s concerned. I learned my lesson the last time I interviewed him and he followed me in an unmarked car all the way home. As far as I’m concerned he’s off the charts. You get to drive this time. I’ll tell you how I work and what I expect out of this interview while we drive.” Marlowe respected the investigator’s job and his potential contribution to the case.
Judd parked the car in the blistering sun, grabbed his briefcase took out his tape recorder, put it in his pocket after turning it on and put his old duty gun in its holster in plain view. He went around to the passenger side and opened the door for Marlowe leaning down to whisper additional instructions. They signed in at the county attorney’s office and were instructed to wait. And wait they did. The appointment was for 9:00. Marlowe looked at her watch-9:30 and no acknowledgment of their presence. She leaned over to Judd, “Is this called cooling our heels?”
“I’m sure the county attorney is instructing the officer, going over his testimony and telling him not to lose his temper, but I’m getting ready to shake it up.” Judd whispered back as he got to his feet.
“Howdy, ma’am. Can you check on how much longer it’ll take?” Judd applied his southern charm on the receptionist.
“I let him know you were here. He was meeting with someone.”
“Maybe you could walk on back there and ask him?” Judd turned on a 150 watt smile.
“I was told not to disturb Mr. Crisp. The last time I interrupted him, I got my… I got in trouble.” The receptionist replied nervously.
“Well, now, Miss, I sure don’t want you to get into trouble on my account. I know it’s us little people who get things done. So I tell you what I’ll do, I’ll place a call directly to his office then you’re out of the loop.” Judd pulled his cell phone out and paged down through contacts for Mr. Crisp’s direct office number.
“George Crisp here.”
“Mr. Crisp, this is Jake Judd. How much longer will it be?” Judd covered a smile at circumventing Crisp’s directive.
“Ah, Ah, I’m busy right now. I told Melba not to put any calls through.” Crisp stuttered.
“She didn’t. I have your direct line and I want to know if you’re through telling the officer what to say, so we can get on with this interview.” Judd turned to Marlowe and gave a thumbs up.
“I’ll be out to get you in a minute.” Crisp hung up and turned to Dick Lloyd. “We can’t stall any longer. You understand what you are going to say? If they get into an area that you think is confidential, tell me and we take a break. Okay?” Crisp stood to bring the attorney and investigator back to the interview room.
“Ms. Sharpe. Nice to see you again. Mr. Judd, I’m George Crisp. Nice to meet you. If you’ll follow me, we’re in the big conference room.”
Marlowe knew that the big conference room was set up with video and audio recording and whispered to Judd, “Audio and video in the conference room. Let’s sit somewhere other than where they want us.” Judd nodded in understanding.
The officer was seated on the far side of the big conference room table with his files spread out in front of him. Judd walked rig
ht up to him, stuck out his hand and introduced himself and Marlowe. “Is it Sergeant or Lieutenant Lloyd?” Judd asked still holding Lloyd’s right hand.
Lloyd stood and tried to pull back his hand. Judd held on for a moment longer, letting Lloyd take in the intimidation of control. “It’s Detective Lloyd.”
Judd immediately sat down in the chair vacated by Lloyd and moved Lloyd’s files across the table. Judd patted the chair next to him, “Ms. Sharpe why don’t you sit right here next to me?”
Lloyd turned a deep shade of anger. Crisp sputtered and grabbed his files and sat next to Lloyd.
“Anyone need water, or coffee or anything before we start?” Judd played the role of host. “No? Okay. Shall we begin?” He nodded to Marlowe who had pulled her files and tape recorder out.
After doing the date, time, identification of parties, Marlowe began, “Detective Lloyd you and I have interviewed before, but could you provide a thumbnail sketch of your law enforcement background, please.”
“I brought my resume. Here.” He handed his resume across the table just out of Marlowe’s reach.
“I appreciate that. But since we are recording this, could you go through the highlights, please?” Marlowe did not reach for the resume.
“This is stupid. You have it in my resume, just read it.” Lloyd spoke through clenched teeth.
“Let’s just move along here. No need for anyone to get upset.” Crisp attempted to calm the situation.
“She’s just causing trouble like last time. I’ve had it with her.”
“Can we skip this part and begin the interview?” Crisp was attempting to pacify everyone.
“Certainly, we can come back to this later in the interview. Detective, I understand you arrested my client based on your report. How did he come to your attention?” Marlowe inquired.
“A confidential reliable material informant told me your client was involved in selling drugs, specifically methamphetamine.” The officer’s answer was crisp.
“You said material informant. The report says confidential. Which is it?”
“It started out as confidential and then turned material.”
“Does that mean that this person was under contract and then became a paid informant?” Judd asked knowing that money wasn’t the only way a person became material.
“You could say that.” Lloyd quipped.
“I’m asking. I’m not saying. Please answer the question.”
“I need to speak with Mr. Crisp off record.” Lloyd and Crisp left the room and returned within two minutes.
“Yes. The person is getting paid.” Lloyd reluctantly answered.
“How much per case or buy?” Marlowe tried to move the interview along.
“It depends.” Lloyd’s vague answer almost set her teeth on edge.
“My question was, how much per case or buy.”
“$100.00 for a solid case. $100.00 for each buy.”
“Mr. Crisp I’ve filed motions asking for the name of the informant and any contract. I assume you have received those. I am formally requesting that name and file now.”
“I’ll have to request the file. It’ll have to be redacted.” Crisp had postponed the revelation of the CI/MI.
“I will, therefore, be requesting an opportunity to re-interview the detective based on not having received the information I have been requesting.” Marlowe knew information in the file could cover any number of issues.
“Now wait just a minute. I’m here now. I don’t have time for this bullshit. I’m not coming back so you can ask piddling questions.” Lloyd turned red in the face as his voice rose.
“Dick. That’s enough. She has the right to ask for an interview. She got it today. Let’s finish here. Generally, she does not get a second interview.”
“Mr. Crisp, need I remind you that you failed to provide disclosure. You are the one who has made this interview ineffective. I’m happy to file a motion for a deposition if you feel it is necessary. Is that what you want me to do?” In the past, Marlowe had officers and county attorneys try to stonewall her only to find the court sided with her.
“Let’s all be reasonable here. Ask what you have on this case. If you find the necessity of another interview, I’ll see what we can do.” Crisp wiped sweat from his forehead.
Marlowe and Judd moved through the police report asking the questions they had put together. At the end of an hour and one half, they felt they had all the information available. They packed up the files, tape recorders and their notes and walked out to the parking lot.
“That went pretty well, about as well as a toothache.” Judd said as he unlocked the car.
“Lloyd is leaving the county attorney’s office. He just got into that unmarked car. Let’s let him leave first.” Marlowe watched Lloyd as he approached his car.
“We’ll let the car cool down and see what he does.” Judd started the car, opened the windows and turned the air conditioner on high.
Marlowe and Judd waited as the hot air inside the car was replaced. Lloyd did not leave the lot, instead they could see him through the tinted windows watching them.
“He’s stalling waiting for us. We’ll drive up to the court house and circle the parking lot just to see what he does.” Judd believed the detective would follow them.
Lloyd put his car in gear and allowed them to drive the short distance up the hill before following. Judd took the back entrance to the thoroughfare leaving the courthouse parking lot. The configuration of buildings and driveways provided ample hiding room for Judd to conceal their vehicle. Lloyd drove slowly past the hiding place looking left and right trying to locate Marlowe and Judd.
“I’d say he was looking for us. What say you?” Judd turned to Marlowe. “Let’s see if the scanner tells us anything.” Judd turned on his mobile scanner.
“We can sit here for five minutes then leave and see where he might have gone, or just go home trusting he won’t be waiting for us somewhere. But why would he follow us today?” Marlowe asked.
“Cause he can.” Judd said.
They entered I-17 at 260 and headed back to Prescott. Halfway up the hill, they saw a State Police car and an unmarked car in the median.
“Speed limit here is 65. We maintain exactly 65. They’ll stop you if you are under or over, if the car is dirty or clean, if a shirt is hanging in the back or not. Any excuse and they pull you over.” Marlowe advised Judd.
“Any way he could have put something in or under the car?” Judd wanted to know if Marlowe had seen Lloyd near the car.
“Didn’t see a thing. He might have had someone else though. I can’t imagine he’d do anything like that. That would be totally crazy.”
“Okay. We have a tail. State Police just pulled out and the unmarked is following. We’ll just wait and see what happens.” Judd looked in the rear view mirror to see both vehicles tailing them.
Going up the hill required trucks to slow down and pull to the inside lane. Traffic bogged down as faster trucks pulled out to pass slower trucks. Judd moved in between two trucks in the fast lane obscuring the view for the officers. As the small caravan crested the hill, the jam loosened up creating a space for Judd to move out ahead of the truck and squeeze in between a minivan and another 18 wheeler. He glanced up at the rear view mirror, but could not find the followers. Instead of taking the 169 exit, he proceeded on down the freeway sandwiched in between the two vehicles keeping exact pace.
Lloyd had provided information to the State Police officer who he was interested in Judd’s vehicle. Trusting the information, the State Police officer offered a courtesy assist. The fact that the Dodge Durango had slipped in between two vehicles hiding from view confirmed the subjective concern regarding Judd’s car. The State Police officer could tell the Durango had not exited at 169 and he radioed ahead for assist from another officer to intervene and stop if spotted.
Judd took the Orme Road exit and instead of turning right back toward Dewey and Prescott, he turned left, found a dirt side
road almost covered by brush and parked.
“They knew we didn’t exit 169, so they should be coming off here. They won’t see any dust, but they may not realize we aren’t down that road. Do you have cell coverage here?” Judd had pulled his cell out and was checking the signal strength.
“I have 4 bars. What do you have in mind?” Marlowe checked her phone and looked inquisitively at Judd.
“If they pull up, start your video camera recording and make sure audio is on and keep it running regardless of what happens. You take my cell. If things so south, dial 911 and keep dispatch on the phone. There they are. Lights and sirens. Coming our way. Get ready.” Judd had his wallet out with his license and registration. He had also placed his weapon on the dash in full view. “Get a video started particularly of the gun on the dash. And place a call to 911 and keep an open line.”
The State Police cars followed by Lloyd pulled up in defensive positions next to Judd’s car. The officers opened their doors, crouched behind them, and pulled their weapons. Lloyd had exited his car and held a shotgun at ready. The officer Judd recognized from the hill pulled his mike and switched it to bullhorn status.
“Get out of the car. Get down on the ground. Now!”
Judd’s scanner was outfitted with a microphone bullhorn. He pulled it and said, “Officers. My name is Jake Judd. My passenger is an attorney by the name of Marlowe Sharpe. This transaction is being video and audio recorded. Tell me your business. We will not exit the vehicle until we know what is going on. What is your probable cause for accosting us?”
The State Police officers looked at each other then over at Lloyd. This wasn’t going down the way they expected. Both of them knew of Marlowe Sharpe and both knew her reputation as a square shooter. “Lloyd, what have you gotten us into?”
“I’m telling you they have contraband in their car. Call out the K-9. I’m giving you probable cause for a stop and a search.” Lloyd spoke over the top of his unmarked car to the officers.
“Jim, call dispatch and get a sergeant out here.”
Jim picked up the radio mike and requested back up from the shift sergeant. Dispatch indicated time of arrival would be 6 minutes.
“Judd carries a weapon. We have probable cause to force them out of the vehicle.” Lloyd was pushing for action.
“Shut up. The sergeant will be here shortly. He can handle this and you.” Jim spoke harshly to Lloyd. Over the bullhorn he said, “Ms. Sharpe, Mr. Judd. Just stay where you are. Do not exit the vehicle. Do not move. Sergeant Milkin is on his way. I told him what is going on. Please leave your hands where we can see them. Mr. Judd please put your hands on the steering wheel. Ms. Sharpe please put your hands out in front of you where I can see them.”
“Marlowe Sharpe is recording this. You can see her right hand holds a cell phone and it is the video. Her left hand holds a cell phone and it is an open line to 911. I suggest you do not approach the car until Sgt. Milkin arrives.” Judd used his mike to apprise not only the officers but the 911 operator of Marlowe’s status.
“I’m calling for a K-9 unit.” Lloyd reached for his radio.
“Lloyd don’t even fucking move right now. Put down your shotgun and your duty weapon.” Jim ordered.
“Jim what are you doing?” Lloyd looked at the State Police officers in amazement. “You both know me. You both trust me.”
“Lloyd. I’m not going to tell you again. Until Sgt. Milkin can sort this out you are to follow my orders. I am ordering you to lay down the shotgun and your side arm. And if you have a throw away, you are to lay it down too. Then step back from your car.” Jim had slowly turned aiming his gun at Lloyd as his partner had re positioned himself for better cover from both Judd’s and Lloyd’s cars.
Lloyd slowly laid the shotgun on the hood of his car, next to it he placed his 9mm, “I’m going to very slowly reach down and pull my ankle gun and place it on top of the hood.” Lloyd recognized he was in deep trouble with the officers and did not want to take a chance at getting shot for a sudden movement.
They all heard tires on gravel as Sgt. Milkin arrived. He stopped his car about 30 feet back from the cluster, radioed Jim for an update. “I’m sure there is a logical explanation for what is going on. Make it short, sweet and to the point, please.”
“Sarge, Lloyd asked for back up on a traffic stop. At that time we did not know who he wanted to stop, only the make and model. He told me they had contraband. I asked Bob for an assist. Then we get here and find out it is the defense attorney Marlowe Sharpe and her investigator, Jake Judd. Then everything goes south with Lloyd.” Jim provided a thumbnail sketch of the situation.
“I’m going to step out of my car. Tell Ms. Sharpe and Judd. Tell Lloyd not to move. I’m coming over to your car first, then I will go over to Ms. Sharpe. Tell everybody not to get antsy.” Sgt. Milkin took control of the scene and turned on his pocket recorder.
“Lloyd, tell me what the hell is going on here.” Milkin spoke to the detective.
“I’m sure they have contraband. He has a gun. I have probable cause to stop and search. I told them to get a drug dog to confirm, but they wouldn’t.”
“Okay. You stay right here. Don’t make any sudden moves.” Milkin said and turned his back on Lloyd to cross over to Judd’s car.
“Judd. How ya doing? Haven’t seen ya for a long time. Ms. Sharpe. Good to see you too. Looks like things are a little crazy here. What’s going on?” Milkin tipped his hat to salute Marlowe and Judd as he stopped about five feet from their vehicle.
“Sarge. Glad to see you.” Judd spoke into the mike from inside the car. “I’m going to lower the window. I’m going to move my left hand to the door panel to do so. I will keep my right hand on the steering wheel. Marlowe will continue to record video and audio.” Judd gave a step-by-step account of his movements to avoid being shot. “I’m now turning off my microphone and laying it down in the seat.”
Milkin approached Judd’s window, “Would you mind if I took your piece for safety’s sake?”
Judd handed his gun to the Sergeant butt first. The sergeant ejected the magazine and placed the gun on the hood of the car. “Now, Sarge, Ms. Marlowe and I would like to exit our car. Me first.” Judd waited for agreement from the sergeant.
“Allow me to open the door, Judd.” The sergeant opened the driver’s door and after Judd stepped out, leaned in to speak to Marlowe. “Ms. Sharpe there’s no way you can crawl over the console in your skirt. Would you just wait for a minute please?”
“Sergeant Milkin, I don’t plan on doing anything that would cause someone to mistake my actions. I’m waiting right here.”
“Judd, tell me what’s going on.” Milkin spoke quietly with Judd.
“We were finishing up an interview at the county attorney’s office in Verde. Lloyd got pissed. I got cautious. He followed us out of the complex for no good reason. We made a stop or two, drove south on 17, saw him in the median with Jim, saw them pull out to follow us and knew something was hinky. I pulled off here to wait for them.” Judd spoke without gestures or movement of any kind.
“That matches what Jim told me over the radio. Would you mind if I walked around the car and assisted Ms. Sharpe to exit?” Milkin wanted Judd to know what he was doing and didn’t want any interference from his officers or Lloyd as he raised his voice.
Milkin walked around to the passenger side, opened Marlowe’s door and reached his hand in to assist her descent from the car. “Sorry, Sarge, I’m still recording as I was directed. I’ll just keep both hands where you can see them and then swing my legs out and step down.” Marlowe declined his assist as she placed her feet on the ground and butt slammed the door shut.
“Ma’am, I’m truly sorry about this incident. May I ask if there is any contraband in your car?”
“Sergeant I’m an officer of the court. We both know there is nothing in this car that I am aware of that is contraband. If there is contraband in this car, someone other than myself or Mr. Judd put it there.”
“Would you mind if I search your car?” The sergeant asked.
Marlowe looked across the hood of the car to Judd and back at the grouping of officers and turned to the sergeant. “This is not my vehicle. It belongs to Mr. Judd. So I cannot give permission. Were it my vehicle, I would decline permission without a search warrant. I’m assuming you do not have a search warrant because I doubt you have probable cause to get a search warrant.”
“Very well.” Milkin turned to Judd. “Judd, would you give permission to search your car?”
“You heard my attorney. No probable cause, no search warrant, no search.” Judd said trying to conceal a smile.
Milkin walked around the front of the car. “Officers, these people have declined permission to search their car. We do not have probable cause to detain them any longer. They are free to go with our apologies. Is that understood?”
Jim and Bob spoke in unison, “Yes sir.” Lloyd remained silent, seething.
Milkin turned to Marlowe, “Will there be a follow up to this incident on your part, Ma’am?”
“I’m not sure.” Marlowe did not want to commit herself one way or the other at that moment. “I certainly want a copy of the report your officers will submit and a copy of yours too.” Informing Milkin that the issue was not put to rest.
“Judd, here is your weapon and magazine. Please accept my apologies for any inconvenience. Have a safe journey home.” Milkin handed the gun to Judd and turned to speak with his officers.
“Jim, Bob. You will return to the substation and write out your reports separately immediately. I expect them on my desk in one hour. Understood? Lloyd, I’d like a word with you before the officers leave, please.” Milkin made the request a command.
“My suggestion to you is to return to your office and write a report and forward that to me by email within the hour. I will be speaking with your commander. Understood?” Milkin wanted to make sure Lloyd knew this incident would not be brushed away.
Lloyd dared not say anything further, “Understood.”
Judd drove off leaving Orme Road for I-17 and the 169 back to Prescott. “How are you doing, Marlowe? I gotta tell you, you’re a trooper. I wasn’t sure what you were going to say when he asked for permission to search. Why not let him?”
“I’m shaking inside just a little. I’m mad as hell. And there was no way I was going to let him search. I’m afraid Lloyd may have planted something. When we get to Old Cherry Road, pull off and let’s do a thorough search and see if there is anything.”
Judd left 169 at Old Cherry Road, traveled down the road to the first dirt turn off and parked. He waited for five minutes just to make sure they were not being followed and got out of the car. He pulled an old tarp out of the cargo area, laid it on the ground under the car and crawled underneath. “Marlowe, hand me the flashlight in the console.”
Marlowe grabbed the flashlight and got out on her side. Handing the light to Judd she said, “Why search underneath?”
“The car was locked in full view of everyone in the complex. If he was going to conceal something, the most likely place would be underneath or in the wheel wells. If we find nothing, then I’ll move to the inside.”
Judd shone the light up at the wheel wells on all four tires and found nothing. He skinnied further underneath and started at the rear of the car. Up under the bumper, he found it, a small wrapped package the size of a playing card, jammed in between the bumper and the frame. “Marlowe get the camera and some gloves, we hit pay dirt.”
Marlowe turned on the camera and handed him her cell phone. “Why would he do that? Isn’t he taking a huge chance framing us like that?”
“Lady, the guy is out of control. In my briefcase is an evidence bag, will you throw it to me.”
They took pictures of the contraband and the evidence envelope and signed the closure with both their names. “Now we know why he wanted a drug dog. The bad thing is that smell will remain long after the baggie is gone. I’m going to crawl around down here some more just to be sure. You look through the inside of the car. Look everywhere you can move stuff around, under the mats, inside the console. You get the picture.”
They searched for fifteen minutes and found nothing but dirt and old receipts in and under Judd’s car. Marlowe got handi-wipes from the dash and they both cleaned their hands. Judd replaced the tarp, stowed the contraband in his briefcase and started the car. “Who do you know we can turn this over to where it will be safe from us and the world?”
“I can’t use Oriole or Fred. Let’s see.” Marlowe didn’t want either of them involved in the mess. She pondered the issue, “We could take it to the Prescott Police Department. I know a Lieutenant who would mark it and put it into evidence. That will take it out of the SO and out of our hands.”
“Good idea. Can you call him so we can drop it off?”
“Will do.”
