Where's Ellen? (Mystery) (MPP A JOE MCFARLAND / GINNY HARRIS MYSTERY Book 1) (16 page)

CHAPTER 35

W
ell before their return to the U.S., it had not been clear whether Steve and Ellen would be tried in federal or state court. Steve and Ellen allegedly violated federal and state laws. This was hashed out in surprisingly cooperative meetings between federal and state prosecutors. The Assistant U.S. Attorney in charge of the Dayton office met three times with the Chief Assistant Prosecuting Attorney for the criminal division of the County Prosecutor’s Office. On balance, the state and federal prosecutors agreed that state charges gave them the best chance of convictions because of the evidence for the various violations and the temperament of the judges likely to hear the cases.

Soon after Joe, Ginny and their prisoners returned to the U.S., charges against Steve and Ellen were filed and the state judge held a preliminary hearing. In what must have been one of the shortest hearings ever conducted, both Ellen’s attorney and the lawyer for Steve argued that their clients were good candidates for bail because they had been such law-abiding citizens before the alleged crimes occurred. However, the prosecutor convinced the judge to deny bail by citing their flights to Europe, use of false documents and hiding out in Italy.

Eight months later, Steve and Ellen’s trial began. The defendants had waived a jury trial; their lawyers had convinced them that 12 “average citizens” would have little sympathy for an attractive, childless, well-to-do couple. Their attorneys explained that the judge in a so-called bench trial would be less likely to have his reasoning clouded by such biases.

Joe was the first witness called to testify by the Chief Assistant Prosecuting Attorney.

“Please state your name for the court.”

“Joseph McFarland.”

“And where do you work, Mr. McFarland?”

“It’s Detective McFarland, not Mister. I’m a detective with the Jasper Creek Police Department.”

After leading Joe through his professional career in both Chicago and Jasper Creek, the prosecutor asked, “Detective, were you the one who escorted the defendants back here from Italy?”

“Yes, my partner, Detective Harris, and I.”

“Did the Italian authorities give you the possessions which the defendants had on their persons at the time of their arrests?”

“Yes, they did.”

After going to the prosecutor’s table and picking up two large, clear plastic envelopes, the prosecutor handed the envelopes to Joe and asked, “Do these envelopes hold those possessions?”

Joe took the envelopes and checked the various signatures of Italian and Ohio authorities certifying that the chain of evidence had been kept intact. He looked at the contents of the envelopes and responded “Yes.”

“Would you please list those contents for the court?”

“Yes. Mr. Sanders had 70 euros in bills, 3.47 euros in coins, a set of keys and a small leather case holding two passports, an Italian drivers’ license and a few business cards of partners in his former law firm.”

“Did you say two passports?”

“Yes. One was a U.S. passport in the name of Steven Sanders. The other was a Canadian passport in the name of Charles Johnson. It was subsequently determined that the Canadian passport was a forgery.”

“And Mrs. Sanders?”

“She actually had three passports!”

“Three! Please describe these.”

“OK. One was a U.S. passport in the name of Ellen Sanders. One was a Belgian passport in the name of Ellen Van den Broeck. Mrs. Sanders held dual U.S. and Belgian citizenship. And in Belgium, women retain their maiden name, even after marriage, for all legal purposes. In fact, she also had a Belgian driver’s license in the name of Ellen Van den Broeck.”

And the third passport, Detective McFarland?”

“Like her husband’s second passport, it was a fake Canadian passport. In the name of Edith Johnson.”

“And where did you locate the two defendants?”

“They were under arrest by the Italian Carabinieri and were being held in their regional headquarters in Foggia, Italy.”

“And did you and Detective Harris properly Mirandize the defendants before interrogating them?”

“Yes, I read each of them their rights.”

“Did either or both defendants confess?”

“Mr. Sanders did once we got back to the U.S. and his lawyer negotiated his guilty plea, but he never said anything to implicate his wife. He was very careful to avoid providing any evidence against her.”

“And did Mrs. Sanders confess?”

“No, Mrs. Sanders did not. She gave us little bits of useful information, and what might have been her motivation or justification for her crimes, but she didn’t confess.”

“Can you amplify on your last response, please?”

“Uh, sure. She talked about why she might concoct a whole fake kidnapping scenario to avoid being fired and to collect a large ransom payment.”

“Objection, your Honor. My client was saying those things in a hypothetical manner only. In no way did she say that she was in any way involved with a fake kidnapping scheme.”

“Sustained,” ruled the judge.

“Detective McFarland, whom did you speak with at Mrs. Sanders’ workplace during your investigation?” asked the prosecutor.

After consulting his notepad, Joe responded, “Several people. Over the course of our investigation, Detective Harris and I spoke with Mrs. Harding, the Human Relations vice president, and we spoke by phone with Charles Hawkins, the company’s chief financial officer. We spoke with Mrs. Sanders’ executive assistant, and we also had brief discussions with the guard at the entrance gate to their headquarters, with the guard in the lobby and with Mr. Symington’s and Mrs. Harding’s executive assistants.” Joe looked up, wanting to catch Ginny’s eye. But then he remembered that since she was on the prosecutor’s list of witnesses, she had to remain outside the courtroom until after she had been called to testify.

“And did you speak with Mr. Symington, the CEO of the company and Mrs. Sanders’ boss, when you visited the company?”

“No, we didn’t.”

“Oh?”

“When we were there, Mr. Symington had not yet returned from a business trip. We were going to go back and meet with him, but we decided not to.”

“Why was that?”

“As you may be aware, the FBI took over the lead in this case early on, saying that it fell within their jurisdiction because of possible national security reasons. When they learned that Detective Harris and I had visited Mrs. Sanders’ employer, they got very upset and strongly complained to our chief. He in turn read us the riot act, making it very clear that we were to stay away from Tycon Technologies unless we were asked to go there by the FBI.”

“I see. And did any of the people whom you did speak with confirm Mrs. Sanders’ justification for her actions, namely, that they were about to fire her?”

“We object, your Honor,” said Ellen’s attorney. “Mrs. Sanders never justified her alleged actions. She has never admitted that she took any of those actions.”

“Objection sustained,” said the judge.

“Let me rephrase the question, your Honor. Did anyone at Mrs. Sanders’ employer indicate that she was about to be fired?”

“No, but we ….”

“None of them confirmed that they were planning to terminate her employment?”

“That’s correct. But at that time, we weren’t pursuing that line of questioning. We hadn’t yet heard Mrs. Sanders’ explanation, or rather her hypothetical justification. At Tycon Technologies, we discussed her job and her access to secret military information. We also discussed the existence of a kidnap insurance policy covering the company’s senior executives, as well as Mrs. Sanders’ various stock and insurance benefits and who was the designated beneficiary.”

“Very well. Thank you, Detective.”

“Does the defense have any questions for Detective McFarland?”

“No, not at this time, your Honor. But we reserve the right to recall the detective later.”

“Very well,” concluded the judge.

CHAPTER 36

A
fter a short recess, the prosecutor called Kenneth Symington to the stand. The first few minutes were occupied with Symington reviewing his background and current position, confirming that Ellen had been one of his subordinates and describing in general terms Ellen’s job responsibilities and the work performed by the divisions reporting to her.

“Mr. Symington, how long had Mrs. Sanders worked for Tycon Technologies?”

“About 15 or 16 years.”

“And had you always been her direct supervisor?’

“She’s reported directly to me for only the past few years. Before that, she reported to subordinates of mine.”

“Mr. Symington, how would you describe the quality of Mrs. Sanders’ work over those 15 or 16 years?”

“Outstanding. She’s been one of the rising stars and senior executives of our firm.” Symington looked over to where Ellen was sitting, but she quickly turned her head in order to avoid eye contact.

“Then why were you getting ready to fire her?’

“What? We weren’t. What are you referring to?”

“Mr. Symington, Mrs. Sanders told the police that shortly before her disappearance she found out that Tycon Technologies was planning to fire her. Are you saying that this wasn’t the case?”

“Yes, I am. We never contemplated firing her. In fact, we were having preliminary discussions with the board of directors about promoting her to senior vice president.”

“Mr. Symington, are you sure?”

“Yes, of course I’m sure. You can check with Mrs. Harding, our Human Resources vice president.”

“Mr. Symington, can you think of any reason why Mrs. Sanders would have reached this conclusion?”

“No, I can’t. We can also show you e-mails and board minutes confirming our thinking of promoting her. Plus, of course, you can also check Ellen’s, er, Mrs. Sanders’ annual performance reviews, not to mention her raises, bonuses and stock options.”

“Thank you, Mr. Symington. That will be all.”

Sitting in a corner near the back of the courtroom, Joe could see the facial expressions and body language of Steve and Ellen. Joe could just imagine what Steve was thinking as Steve stared at Ellen with a look of utter surprise, then looked down at the table in front of him, and then looked again at Ellen. Joe was sure that Steve was totally confused by the comments made by Ellen’s boss. Was Ellen about to be fired or not? Joe also noticed Ellen apparently trying not to look at Steve at all, but unable to stop herself from sneaking a peek every minute or two. Joe could only watch and wonder how a marriage could sink so low — Steve glaring angrily and confusedly at Ellen, and Ellen unsuccessfully trying to totally ignore Steve’s presence.

The judge then ended the proceedings for the day, stating his intent to get underway again at 9:30 the next morning.

With court proceedings over for the day, Ginny entered the courtroom and joined Joe and the prosecutor. Whispering to each other in a corner of the courtroom, Joe, Ginny and the prosecutor were confused and embarrassed.

“How could Symington not know of the plan to fire Ellen? She worked for him, for crying out loud,” said Joe.

“I agree,” said Ginny. “He would know. And I can’t think of a reason why he would lie about it.”

“Too bad we didn’t check this out during our visit to her employer,” said Joe.

“Yes, but let’s not be too hard on ourselves. As you know, this explanation only came to our attention after we were picking Mrs. Sanders up in Italy. By then, we were done investigating.”

“Yeah, yeah. But, nonetheless....”

“Let’s stop second-guessing ourselves,” said the prosecutor. “But I sure would like to know what the heck is really going on.”

“Me, too,” responded Joe. Nodding in Ellen’s direction and then in Steve’s, Joe continued, “Let’s put the two of them together in a room for a while and listen in. He’s got a lot better chance of getting the truth out of her than we do. I know we won’t be able to present what we hear in court, but it sure will help satisfy our curiosity.”

“OK, we’ll give it a shot,” agreed the prosecutor.

Ellen and Steve were brought into an interrogation room down the hall and left there together. Joe, Ginny and the prosecutor took positions on the other side of the one-way mirror, where they could watch and listen to Steve and Ellen.

“Ellen, what the hell is going on?” asked Steve.

“Steve, I messed up. Big time.”

“No shit, Sherlock! That should be pretty obvious by now. But what was all that crap about the company getting ready to fire you? Were they or weren’t they? Not that I have any friggin’ reason to believe whatever it is you choose to say now. You’ve lied to me so many times and in so many different ways that I bet you can’t even keep track of what’s true and what isn’t.”

“Steve, I did it all for you. For us.”

“Here we go with your gobbledygook again!”

“No, Steve. It’s true. Let me explain. I never wanted to tell you this, but now I feel I have to.”

“OK. But why don’t you really try hard this time to tell the truth.”

“I will. I swear I will.”

“Go ahead. I can’t wait.”

“OK. But this is very hard for me, Steve. I was set up. It’s still my fault, but it’s not like I thought of it or initiated it.”

“Please just get on with the latest version of your story. You haven’t told me anything yet.”

“I made up the whole story of Tycon getting ready to fire me. I did it so I wouldn’t have to tell you the truth. Having to live forever with this lie between us would have been better than telling you the truth.”

“Yeah, well it’s a little late for that now, Ellen. So what the hell is the truth? Or do I have to be more specific — what the hell is the true truth?”

“OK, Steve. I understand your anger and skepticism. I never wanted you to learn about this. I made one lousy mistake, in one weak moment, and will have to pay for it forever.”

“I’m waiting.”

“Steve, I expect that you’ll never want to speak to me again after this. And that our marriage will be over. But here goes.”

“I wouldn’t worry too much about us speaking with each other or about our marriage for a very, very long time. Your whole screwy plan will have us separated by prison bars for the next umpteen years.”

“I know. I know. Steve, I was seduced.”

“What?”

“I was set up. I was seduced and once in my life I succumbed to the temptation. Photos and audio tapes were secretly made and then I was being blackmailed.”

“What? By whom? Photos and tapes of what? Blackmailed about what? To do what?”

“On one of my last trips to Pakistan, one of the executives working for a weapons manufacturer owned by the Pakistani military and I spent an entire afternoon working on specs for a possible large order. He was actually a British citizen, but had lived in Pakistan for several years. We wound up going out to dinner together after our meeting. A combination of too much wine, me missing you, his flirting with me and his being tall, handsome and intelligent led to my spending the night with him in his hotel room.”

“Shit! So much for you caring about me and worrying about our joke of a marriage!”

“I do care. And our marriage isn’t a joke. I made one lousy mistake. I’m so, so sorry. I’d love to turn back the clock and undo it, but I can’t.”

“Sure you don’t want to turn back the clock and do it a second time with him?”

“Yes, dammit! I’m sure. In any event, it gets worse.”

“Oh, wonderful. Let’s hear the rest.”

“After Pakistan, my next stop was China. While there, one of the mid-level Chinese military officers handed me a sealed envelope. When I later opened the envelope back in my hotel room, I was shocked to see several photos of that British guy and me in bed together and to listen to a tape recording of the two of us. Jeez! The damn Chinese set the whole thing up to trap me.”

“Right. They grabbed your arms and legs, tied you up and forced you to have sex with him.”

“No. I’m not saying that. But they arranged for him to seduce me. And they somehow got the photos and tape to blackmail me.”

“Yeah. What were they blackmailing you for? The threat to sell those photos to
Playboy
?”

“No. The next day, that same Chinese officer told me that I had two weeks to deliver the drawings and specs for a new super-quiet submarine engine that we’ve been developing.”

“And if you didn’t?”

“He said he would see to it that both you and Tycon received copies of the photos and the tape. That would have devastated you and our marriage, not to mention my career and reputation.”

“Well, I hope you enjoyed your orgasm or, I’m sure, orgasms.”

“Steve, please. Try to understand. I made a mistake.”

“Not quite being sure which things you told me are true, if any, and which are false, it’s difficult for me to even guess how many mistakes you’ve made.”

“Despite the blackmail threat, I couldn’t get myself to even seriously contemplate turning over military secrets to the Chinese. Not in a million years. But I had to prevent the photos and recordings from being sent to you and Tycon. That’s when I came up with the fake kidnapping and disappearing plan. And it worked. The Chinese believed that I had been kidnapped and was either missing or possibly even dead. They clearly had more to gain by holding onto the photos and recordings in case I ever resurfaced. They had nothing to gain by distributing them while I was missing. But then, of course, I had to make up the part about Tycon getting ready to fire me because I couldn’t tell you the real reason and what the Chinese were holding over my head.”

“Delighted to know that you’re a loyal patriot, Ellen, and that you wouldn’t disclose any national secrets. Jesus, you lied to me repeatedly, you worried the hell out of me for months, you had a nice little sex fling behind my back. Who knows what else you’ve done and haven’t yet told me? Breaking the law and totally destroying our marriage. Well done, Ellen!”

“Steve. Please. Most of what I did was so that we could stay together.”

“And now, thanks to you, we’ll spend a good part of our remaining lives not only separated, but behind bars. Talk about true love!” For the first time, despite still caring about Ellen, Steve no longer felt any guilt about his fax to Ginny leading to their capture. Ellen had lied to him so much; throw in some infidelity, and Steve was furious. Down deep he felt a satisfying sense of revenge for his fax having led to Ellen’s capture. He was nonetheless able to restrain himself from telling her about his involvement with their capture. He found himself actually looking forward to when she would soon find out in court that it was his fax, not simply their financial greed, that led to their arrest.
Nothing like lying, even if it’s only a lie of omission, to the chief of all liars
, thought Steve.

At that point, Joe, Ginny and the prosecutor had heard all that they needed to. The prosecutor had the sheriff’s deputies enter the room and take Steve and Ellen back to their separate cells to await the continuation of the trial the next morning.

Still standing by the one-way mirror outside the interrogation room, Joe stated, “Her story sounds like it could be true, but so did her earlier story.”

“Yes,” agreed Ginny. “She is such a good and habitual liar, it’s tough to know which parts, if any, of her story to believe.”

“Hell,” said the prosecutor, “she might not even know what’s true and what isn’t. Assuming this latest story is true, I can understand the need for the ransom money to make the kidnapping appear genuine. But I can’t understand why they tried to collect on her life insurance policies. They had more than enough to live well, especially in that rural area in Italy, for the rest of their lives.”

“Well, greed surely is part of it,” said Ginny. “No matter how much you have, more is always better. But I think there’s more to it than that. As a very successful executive, and a woman executive to boot, she’s an extreme case of a Type A personality — very competitive, very self-critical, always in a rush. Those insurance policies existed. She had to win and beat the system by squeezing every available penny out of them, regardless of whether they needed more money.”

“Very astute. I think you’re right, Herr Doktor Sigmund Harris.”

“Makes sense to me,” said the prosecutor.

“And I’m glad that her husband didn’t tell her the role he played in their capture,” added Joe. “I think this represents a new low in trust and honesty between marriage partners. I can’t wait to see her reaction when it comes out in court.”

“Yes,” said Ginny. “To slightly modify a well-known saying, ‘With spouses like these, who needs enemies?’ ”

“In fact,” recalled Joe, “remember how she tried to say that the whole attempted life insurance scam was done by her husband and that she was not involved?”

“Well, the one thing that is true,” concluded the prosecutor, “is that she’ll be going away for a long time, no matter what her true reasons were.”

“Yup, Joe and I can agree with that. Score one for the good guys.”

“If this is what a so-called happy marriage is like and how the husband and wife wind up trying to screw — in a nonsexual sense — each other, marriage may not be all it’s cracked up to be,” said Joe.

“This is an abnormal case,” countered Ginny. “And, in fact, it does show that love, or at least caring for one’s spouse, can survive a lot of things. Through all that Mrs. Sanders did, and how she lied to, cheated on and drew her husband into this whole set of crimes, he’s continued to refuse to say or admit anything that the prosecutor could use against her. Call me a romantic if you want, but, in a certain way, love did prevail.”

“OK, Ginny. I’ll call you a romantic,” concluded Joe.