Everywhere That Tommy Goes (30 page)

“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. Sullivan’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.”

“A plea? Do you really think that worm Levy would consider a plea? My guess is he’s feeling real good about his case right now.”

“You can thank the Jersey cops for that,” Galub said. “A warrant would have made all the difference here.”

“Well, that doesn’t bode well for their case, either.”

“Very true, Detective. When they charge Sullivan for the motel murder, Levy will use the same tactics down there. Unless they get a good judge, the search will be suppressed and Sullivan will walk.”

“So what kind of plea are you thinking about?”

“I’d offer him eight to ten years but settle for something less.”

“You know the public will go nuts,” Stone said. “And that girl’s family will never let this go. Even worse, we have no idea what happened to her. I mean, she may still be alive somewhere, and we’re going to let this guy plead out?”

“We could always take our chances and wait for a ruling. If we lose, we can still bring charges again with new evidence.”

“It’s a crap shoot either way, but I’d feel better about a plea if we could only locate Jamie Houston.”

“I’m in total agreement, Detective. I’ll have another conversation with Levy and feel him out. In the meantime, try and dig up some dirt.”

“Will do, Counselor.”

CHAPTER 87

Galub and Levy faced off in the conference room at the District Attorney’s office in lower Manhattan.

“We need to coordinate the examination by our psychiatrist, Mr. Levy.”

“I’ve got no problem with that, Ms. Galub. I’m confident that your expert will confirm that I have a sound basis for a defense of lack of criminal responsibility by reason of mental disease or defect. In fact, Mr. Sullivan’s fragile mental state coupled with the interaction of the pills he’s been taking has had serious effects on his mental faculties. If I don’t prevail on my suppression motion—and I strongly believe that I will—there is no doubt in my mind that my defense will be successful. You may want to consider saving us all the trouble and just settle for committing him to a psychiatric hospital, where he can be further evaluated. Thereafter, at such time as it is determined that he is no longer of diminished capacity, he can be released.”

“Please, Counselor, do you actually think we’re going to just let him walk? What you’re suggesting is basically a six-month ticket to freedom.”

“Ms. Galub, with the evaluation I have from a well-regarded expert in the field, there is little doubt. My client suffered from delusions brought on by the drug he was taking.”

“Really, Mr. Levy? Do you actually think I’m going to believe this fiction?”

“This is hardly fiction. I witnessed a very enlightening session my client had with Dr. Sinead O’Reilly, the psychiatrist I retained as my expert. In fact, I recorded it.” Levy took a pause and looked away from Galub before he continued. “Procedurally, you know I don’t have to provide you with this at such an early stage of the case—but eventually I will be required to—so after due consideration, I have decided to allow you and your psychiatrist to listen to it now. I
believe it will help you to understand what we are dealing with—and perhaps convince you that in the interests of justice, this case should be pled out.”

“Please, Counselor, spare me the dramatics and give me a hint. Where are you going with all this?”

“Well, Ms. Galub, what would you say if I told you that I believe that Troyer Savage does not exist?”

“I would say that I have no idea what you’re talking about.”

“As I suspected. You don’t even have a clue what is really going on here.”

“I don’t know what you mean, Mr. Levy. Would you care to explain?”

“Have you ever heard of DID, Ms. Galub?”

“Are you referring to Dissociative Identity Disorder?”

“Yes I am.”

Shocked, Galub said, “Where are you going with this, Mr. Levy?”

“The writing is on the wall, Ms. Galub. Listen to the tape and you’ll see.”

“So you’re saying that this recording of yours will substantiate your claim?”

“I believe so,” Levy said, handing her the recording. “Just keep an open mind when you play this back.”

“I must say, Counselor, you know how to throw a curve.”

*   *   *

Two hours later, Dr. Elliot Gabay joined Galub in the conference room at the office of the New York County District Attorney.

“Good afternoon, Dr. Gabay,” Galub said, “I just finished listening to a very interesting recording, and I need you to hear this. I know my partner has already briefed you on the case. I just want to make sure that you have also read the file.”

“I have, Ms. Galub,” Dr. Gabay said, with a slight Middle Eastern accent. “I am completely up to speed and anxiously await the presentation.” The crisp pronunciation of his words conflicted with his Mediterranean features and heavily pockmarked skin.