Icy Betrayal (29 page)

FORTY-EIGHT

T
he district attorney’s office filled the fourth, fifth, and sixth floors of the county courts building in the RC Justice Center complex. On weekdays, the office was buzzing with activity, but on a Saturday morning, the place was deserted except for a small group huddled in a large corner office on the sixth floor.

“C’mon, Danny, get real. I can’t let her walk,” said Baxter after hearing Velasco’s pitch.

“Dave, I told you what she’s prepared to offer as far as testimony against Lennox. She’s handing him to you on a fucking silver platter. Five years probation is more than fair.”

“She pleads accessory to murder, ten years suspended,” Baxter said flatly.

“You’re wasting my time. Do you want her disappearing again? She’s proven she knows how to do it. You guys didn’t have a clue where to find her. My client has a mind of her own, and I’m telling you she’ll be in the wind in a heartbeat if the deal isn’t to her liking.”

“Jesus, RCSO is going to flip out.”

Velasco wasn’t sympathetic to Baxter’s concern. “With all due respect, Dave, your election is no sure thing, so your current relationship with RCSO is the least of your worries right now. But if you can pop Lennox before the election, it could be just what you need to put you over the top.”

Baxter was irritated at Velasco’s arrogance, but the DA was nothing if not pragmatic. He knew Danny was right; he and his client were holding all the cards at the moment.

“Obstruction, five years suspended, two probation. And the deal goes away after today.”

“Okay, then, I’ll have her here in an hour.”

Keller stood outside the Justice Center building waiting for McCallister. The captain had called some forty-five minutes earlier saying the DA had requested a one o’clock meeting regarding the Lombard case, saying it was important.

McCallister was none too happy about it. He was called away from the campaign and time was short. Baxter had simply told him there was a development in the case but offered no other details. As he and Serrano came around the corner toward the entrance, Keller shot them a quizzical look.

“What is she doing here?” he asked, unlocking the door with his RCSO ID card.

“What do you think, Jack?” Mia snapped as they entered the elevator.

“I really don’t know.”

“Jack, knock it off. It’s her case, too.

“Whatever you say, boss,” responded Jack, shrugging his shoulders.

The trio left the elevator and walked through the glass doors of the district attorney’s office. As they approached Baxter’s office, a clerk appeared.

“Conference room. They’re waiting.”

Dave Baxter, Deputy DA Phil Killebrew, and a stenographer were standing over the conference table. Danny Velasco and his client were sitting at the table, facing the doorway.

The door swung open and McCallister, Keller, and Serrano all marched in.

“Okay, Dave, what’s so important?”

“Everyone, I think you all know Lisa Sullivan.”

“Holy shit,” the captain muttered.

Sullivan had changed her hair color and was deeply tanned, but there she was. They were in the same room with the woman they’d spent nearly a year searching for.

“What are the rules here?” Keller asked the DA.

“Miss Sullivan is ‘Queen for a Day,’” Baxter said.

McCallister couldn’t contain himself, “Dave, can we have a word?”

Baxter looked around. He didn’t like McCallister’s tone but thought it best to react calmly. “Sure, Mick, we can talk in the hallway.”

The two left the others in the conference room and faced off down the hall, out of earshot.

“I feel a bit railroaded here, Dave, and I don’t appreciate it. What kind of deal are you offering her?”

“Come on, Mick, we do proffers all the time. This is a good deal for both of us. It will enable us to bury Lennox for doing the murder. Yeah, Sullivan makes out on the deal but so what? She wasn’t the mastermind behind it. And I don’t need to remind you the election is in three days. We can go re-arrest Lennox and make a big splash with this story—and it may just help us both. If we don’t like the story and don’t think she can get us a conviction, we can back out.’’

“I don’t give a fuck about the election. What are we offering her?”

“Obstruction on the statements at the accident scene. Five years suspended, two probation. Now don’t go all high and mighty on me, Mick.”

Mick took a deep breath, “We need to do what’s right, and offering her immunity for her testimony is bullshit. You know it, and I know it.”

Baxter shook his head. “You have a lot to learn, Mick. The deal is done. Right now, you and your team need to get her testimony and make sure that statement is iron clad. Let’s get to it.”

Testimony given under a proffer agreement is protected from prosecution. Danny Velasco had secured immunity for Lisa in exchange for her testimony, but there was a caveat. If the investigators found inconsistencies or felt the story wouldn’t hold up in court, Lisa Sullivan would walk away and the deal would be rescinded. The process of piecing together her testimony took nearly ten hours.

“Okay, Dave,” Velasco said, exhausted leaning back in his chair. “My client delivered. We have a deal, right?”

“Give us a minute, Danny,” responded Baxter.

Baxter, Killebrew, McCallister, Keller, and Serrano gathered in the DA’s office.

“I’m confident that we can get at least manslaughter, possibly murder two,” Baxter said.

“Manslaughter?” McCallister said angrily. “Are you kidding me? It’s premeditated all the way and Lennox did it for financial gain. This is a murder case!”

“I’d rather go with what we are sure of and that’s manslaughter.”

“Dave, we need more from her. I can’t accept this deal.”

Baxter’s anger was building as he eyed McCallister.

“That almost sounds like a threat. Tell me I’m mistaken, Captain.”

“You’re hearing me loud and clear. She’s an accessory to murder and we can’t let her walk in exchange for just manslaughter on Lennox. He’ll be out in four years, if we’re lucky.”

“May I remind you all that you had almost a year to find Lisa Sullivan and came up with nothing. If we back out now and she walks out that door, she’s gone for good and so is our case on Lennox.”

“We’ll find her,” Serrano chimed in.

“Oh, you’ll make an effort this time, Investigator? Forget it, you had your chance. Now this is my ballgame.”

Tension and silence filled the office until McCallister spoke up. “There is another option. It could give us what we need for murder one.”

FORTY-NINE

“
A
re you fucking kidding me, Dave?”

Baxter had taken Velasco down the hallway, leaving everyone else behind in the conference room. He wasn’t happy with what he was hearing from the DA.

“Look, Danny, I know it’s not exactly what we’ve been discussing today, but we haven’t signed off on anything, and I think we need more from your client before we agree to immunity. We’re not getting as much from her as you promised.”

“I don’t believe you. I negotiate in good faith and then you renege on the deal?”

“It wasn’t a done deal, Danny. We’ve gone over the testimony and it really only amounts to manslaughter on Lennox. We need a murder conviction here and Lisa Sullivan can still give it to us.”

“And you want my client to wear a wire and go meet with the guy who murdered a man?”

“Yes, and don’t forget she played a significant role in that homicide. Look, when she wears the wire we will have law enforcement standing by everywhere to ensure her safety. We do this kind of thing a lot, Danny. And if she does this she won’t see a day in custody. It’s what she wants, you said that yourself.”

“I don’t like this, Dave, not one bit.”

“Look, Danny, I need this,” Baxter said, and in a lowered voice offered, “I’m just asking for a little consideration here.”

Velasco couldn’t believe the audacity of the district attorney. Was he really asking him to compromise his client’s interests? Danny shook his head as the options and angles played out in his mind. If he threw Baxter the bone he was asking for, it could prove helpful down the road. The DA would owe him big time and the leverage wouldn’t hurt the next time he needed to cut a plea deal, assuming he was still the DA. If everything went down as proposed, this might even help Baxter win reelection. That was a good chit to have and who knew when he might need to cash it in. It wasn’t like they were reneging on jail time, they just needed her to wear a wire to snag the boyfriend.

“So help me, Dave, if anything happens to my client it will be a career ender for you. I will hang you by the balls from the fucking foul pole at Coors Field. And one more thing. You can forget probation. Misdemeanor obstruction, five years suspended for the false statements, and she walks when this is over. Period.”

“Okay, Danny, fine. And nothing’s going to happen to her. She’ll go in, get him to say something incriminating, and then get the hell out. Easy peasy.”

Baxter and Velasco walked back to the conference room where the others were waiting.

“I need a moment with my client,” Velasco said, nodding to Lisa. “Let’s step out into the hall.”

Lisa’s eyes got big, and she fought the urge to look to her father. The attorney and his client left and walked down the hallway.

“Look, the DA wants to play hardball, and he says he won’t give you immunity unless you wear a wire. He wants you to meet with Lennox and get him to admit that he killed Lombard.”

“What are you talking about?”

“I’m sorry, Lisa, but he’s adamant. Without the wire, there’s no deal. Now, if you are dead set against it, you are free to walk out of here. I don’t know that returning to a life on the run is what you want, but you still have that option.”

“I can’t do that—I can’t face that man. Forget it, no deal.”

“Then you will need to disappear again. But if you agree, they’ll also drop the probation. Lisa, a suspended sentence on a misdemeanor is a glorified parking ticket. You walk when this is over. You’ll be free.”

Boxed in, Lisa considered her attorney’s advice. She had felt a sense of relief when she had returned from Mexico, like a giant weight had been lifted from her. Things with Peter had ended horribly, and she desperately hoped to make things right. But now, Lisa felt the rug had been pulled out from under her. She wished she could somehow talk it over with her father.

“If I agree to wear this wire, how do I know I’ll be safe? Scott is obviously a violent person capable of murder. How do I know he won’t hurt me?”

“The RCSO will have people everywhere. If he tries anything, which I think is pretty unlikely, then they will be there in a heartbeat. Remember, they need you and your testimony in court. The last thing they want is for something to happen to you.”

“If I agree to do this, then what’s to keep them from going back on their word again?”

“We’ll go in there right now, have them write it up, and all parties will sign off on it. Done deal.”

Lisa closed her eyes. “All right, I’ll do it.”

By Sunday afternoon, things were in place. The RCSO command vehicle was stationed in an industrial park a few blocks away from Lennox Ice. Inside, Jack and Mia went over the plan with Lisa.

“So, you’ve had no contact with Lennox since you fled Colorado?” Mia asked.

“No, nothing at all.”

A tall man dressed in police fatigues walked in, carrying a bag. Mia looked up and nodded at the man, then looked back at Lisa and said, “This is Sergeant Low from the Electronic Surveillance Unit. He’s got a special phone for you that will allow us to record everything that is said. Right now we need you to text Scott and then get him on the phone to set up the meeting.”

“What should I say in the text?” Lisa asked nervously.

“Let’s keep it simple. Just text, ‘this is Lisa, we need to talk.’”

The sergeant handed Lisa the phone. She took a deep breath, punched in Scott’s number followed by the letters, and pushed send. It didn’t take long to get a response.

“OMG can u talk now? Are u alone?”

“Call me, we need 2 meet,” Lisa texted back.

The phone rang immediately, startling Lisa.

“It’s okay. Just keep it short and this will all be over soon,” Mia said as she put on a pair of headphones. Low and Jack did the same before the Sergeant gave her the cue to pick up.”

“I need to see you, Scott.”

“Where are you?”

“Scott, I need help. We need to talk.”

“Anything you need, baby, you know I’m here for you.”

Lisa rolled her eyes in disgust. “Not on the phone. Can you see me tonight?”

“Of course, where?”

“I don’t want anyone to see us. Your office at 8.”

“I miss you so much, babe.”

Lisa looked sick, she was filled with anger and revulsion.

“Just meet me, okay, Scott?”

“Okay, I’ll be there at 8.”

Lisa ended the call. The sergeant checked to make sure the call had been recorded and gave a thumbs up.

Mia called Mick to let him know the Lennox “take down” was on.

By 7:00, everyone was in place. A pair of investigators had trailed Lennox throughout the day, and were now down the block from his house ready to alert the team once he was en route to meet Sullivan.

Back in the command vehicle, Bob Brandon, a tech from the RCSO information technology unit, attached a tiny wireless microphone to a button on Sullivan’s coat. Mia, Jack, and Mick looked on.

“So there’s no wire, just that tiny microphone?” Lisa asked.

“Yep, we’ve come a long way,” Brandon explained. “There’s a tiny transmitter in there and we have receivers set up at the ice company and here in the truck. The mic is virtually impossible to spot.”

Brandon moved over to a console to test audio levels. “Count to ten for me, Lisa. Just a normal speaking voice.”

Lisa complied as Brandon listened in his headphones. “All good here, Captain,” he said.

“Just give Lennox the same act you gave me on the highway that morning, and we should be good to go,” Mia said.

Lisa didn’t respond, but Jack wasn’t going to let the comment go.

“For God’s sake, Serrano, giving attitude to the state’s material witness just before an undercover operation is a pretty stupid ass thing to do,” he said sharply.

Mia glared back at him. Sensing the mounting the tension, Mick turned to Brandon and said, “Take Sullivan outside for some fresh air.”

“Sure, Captain. C’mon, miss,” he said, helping Lisa out of the truck and leaving Keller, Mia, and Mick alone.

The tension in the truck was approaching a boil. Mia played the first card. “You always come to her rescue, don’t you, Jack? Makes me wonder why.”

“Jesus, Mia, we’ve been down this road before—you and your bullshit accusations. I was just making the point that upsetting a key witness before we send her out to confront a killer isn’t the best way to play it. Just saying.”

The two cops both moved a step closer to each other, forcing Mick to put himself between them. Facing his senior investigator, Mick put his hand firmly on Jack’s chest.

“Jack, that’s enough,” he said quietly.

Jack glared at McCallister, stepped back and grinned. “We all got secrets, don’t we, Mick? We all have stuff we’d just as soon not share, right? Something that makes you bend the rules… not break them, just bend them. You and Mia know all about that, don’t you? And really, who does it hurt if in the end we get our guy—put a cold-blooded killer behind bars. Voters like that. They like it when cops catch the bad guys. So, we do our job and all the bending the rules stuff stays tucked away. No reason to talk about it, right?”

“Are you threatening me?” Mick demanded.

“Of course he is,” Mia interjected. “Go to hell, Jack.”

“Mia, this is between Jack and me.”

She backed off.

“No threat, Captain. Just pointing out that we all have our secrets. Like say, a junior investigator gets promoted because she’s banging the boss. Or that same—”

In an instant, Mick swung at Keller, landing a punch to his left jaw. Keller staggered but didn’t go down. He started to move towards Mick, but thought better of it and stopped himself.

No one spoke for several seconds. Blood trickled from the corner of Jack’s mouth. He wiped it away with back of his hand.

“Don’t you ever speak to me like that again, Keller, or you’ll be writing fucking parking tickets for the rest of your career. Understood? And whatever issues the two of you have I am telling you to get over them, right fucking now! Got it?”

Keller nodded and looked towards Serrano.

“Got it,” Mia answered.

“Good,” Mick said. “Jack, get cleaned up. Then get Brandon and Sullivan back in here. Let’s go over everything again. No fuck ups.”

On schedule at 7:15, two snipers set up on the roof across from Lennox Ice. Undercover teams were stationed near the entrance, positioned behind garbage and recycling containers. Two additional undercover cars were parked nearby, each with two deputies slouched down out of view, ready to respond in the unlikely event a pursuit should occur. Serrano and Keller would take their positions just outside the entrance once Sullivan was inside.