Decency (33 page)
“Thank you, Doctor.”
“You’re welcome. Good-bye.”
…yes, I bet you’ll do what you can…especially when it comes to poor suffering creatures…okay that went pretty well…that’s what he sounds like on the phone… nasal, clipped, hesitating…here goes…
Kelly dialed Bonnie’s cell phone.
“Hello.”
“It’s Kelly. Can you put Duncan on?”
“Sure.”
“This is Duncan.”
“This is Kelly. Can you write down some notes?”
“Sure.”
Kelly played a recording of the conversation she just had, and gave him the numbers to call and the words to say. If he didn’t get a connection, he was to call her right back. If it went as it should he was to call her back with that information as well.
Richardson dialed the NSA phone number for Fitzgerald. The person answered with the nondescript, non-identifying location name used for public access lines.
“Hello. Technical Assistance.”
“Mr. Fitzgerald?”
“Yes.”
“Glad I caw-utt you still at work…this is Dr. Cack-ran.”
“Oh yes, Doctor, how are you?”
“Never mind that…I just gave a deposition under seal to that lawyer… Haw-kins…she knows something.”
“A deposition?”
“Yes, look…I have to talk to you…meet me at Staw-bucks in the Old Post Office Pavilion in faw-ty five minutes.”
“It will be hard for me to get there…”
“No it won’t. The traffic is all the other way. Be there.”
Richardson ended the call and called Kelly.
“It sounded like he bought it.”
“We’ll see. Thanks.”
She hung up.
…Fitz, you idiot, Cochran doesn’t know anything you didn’t tell him…
Kelly shambled across the wide granite atrium floor of the Old Post Office, and bought a large coffee. Her shoulders were slumped and her hair slightly mussed. She seemed to just catch sight of Fitzgerald waiting at one of the tables, went up to him, and greeted him in a tired voice.
“Hello, Mr. Fitzgerald, nice to see you.”
“Ms. Hawkins. Tough day?”
…if you sit right here until midnight neither of us will complain…
“As they say, you don’t know the half of it.”
She sat down at Fitzgerald’s table, leaned back and ran her hands through her hair, sighing heavily. “A lot sure has happened since you first came up to me here, hasn’t it?”
“Well, as I mentioned, in this world nothing is as it seems. Your case pretty much melted away didn’t it?”
“Yeah, we’re probably just tying up loose ends. Everything seems to be panning out the way you and Mr. Barrett explained it.”
She blew on the coffee and sipped. “We just deposed Cochran under one of the
in camera
motions. Long deposition.”
She took another sip. “He made some wild claims though. Said you urged him to make negative findings about Miss Pierce. I guess he really didn’t know it was a ruse.”
“I believe we told you that in the meeting with Mr. Barrett.”
…actually, you said Cochran didn’t know about it…
She sighed heavily again and took another sip. “I may be getting too old for this business. Anyway, Cochran, poor soul, says it couldn’t have been a ruse. He says you did the same thing in other cases and they certainly weren’t ruses.”
“Oh.”
“Yeah, he claims you wanted to make cases against, who were they…let me see…I think the names are here in my notes…”
She shuffled laboriously through pages of notes on yellow legal paper.
“Here we go, one was Foley. The other was Richardson. He says he can prove it. Says he recorded the conversations.”
Fitzgerald slowly blinked his eyes and stretched as if he were bored to tears while the thought screamed in his head…
COCHRAN YOU’RE DEAD
…
Kelly sipped again. “His lawyer stopped any further questions about that, though. You know, the Maryland statute on surreptitious recording.”
“No, I don’t believe I do.”
“Anyway, he and his lawyer are going to talk to the Maryland prosecutors and try to work something out. I’ll be shocked if they do…or if there are any recordings.”
“He was probably just trying to create a diversion from his own incompetence.”
“That’s sort of my feeling. Oh well, better go rest this tired body to be ready for tomorrow’s round.”
“Who’s on deck tomorrow?”
“I’d tell you if it wasn’t under seal. Don’t want to waive my position on it. Good seein’ you.”
“You too.”
Kelly struggled to her feet, patted Fitzgerald on the shoulder and ambled away. She reached into her trench coat pocket and switched off the tape recorder.
…Fitz, you’re losing it…you didn’t even deny there were such conversations with you that Cochran could have recorded…
She did not bother to follow Fitzgerald. Instead, she drove directly to Cochran’s house and parked two doors down the street.
A few minutes later Fitzgerald arrived and pulled into the driveway.
Kelly raised the video camera and recorded Fitzgerald getting out of his car, going to the door, and walking straight in when Cochran answered. Then she pulled out of the parking space and drove away.
…Fitz, you vicious bastard….you might be stupid enough to show up at my house when Cochran tells you there never was a deposition…sorry I can’t join you, there or here…
“Fitzger…?”
“Look Cochran, just one question. Have you been deposed by Hawkins?”
“Who is…oh, the lawyer in the Pierce…”
“
HAVE YOU BEEN DEPOSED?
”
“No.”
…you lucky little SHIT…if only I had time to deal with you properly…
Fitzgerald ran from Cochran’s house. Kelly’s car had already rounded the corner and he did not see it.
…need escape contacts…got to get the device at the Pierces…
When Kelly returned to the Marriott conference room, Bonnie and Jannie were there. Mason had already gone.
“Hi folks. Had dinner yet?”
“We had some sandwiches.”
“Okay, good.”
“Bonnie finished up the Mason affidavit. I put it in the form of a declaration, like you usually use in federal court.”
“Good work. I’ll read it after we’ve finished.”
Kelly sat down and smiled broadly.
“I just put Fitzgerald on audio tape talking to me. I told him Cochran said in a deposition that he Fitzgerald told Cochran to make negative findings about Foley, Richardson and Pierce. He not only didn’t deny it, which he will have to do, but he went to Cochran’s house because I suggested to him there were recordings of those conversations. I video recorded him going in.”
Bonnie’s eyes lit up.
“If the Pierce diagnosis and admin proceedings were part of a ruse, he would have no concern about recordings of any conversations. Right?”
“Exactly. I’ll bet on the Nebraska farm kid every time, even if the other one is FBI. I think we have enough for the protective order and I believe that’s all we are ever going to need.”
…still no actual proof of murder…but there is only one way to have zero evidence at a crime scene…and if you play a good cop all week long…
“What’s next?”
Kelly explained they needed another declaration. Actually two. They would ask the Richardsons for statements. Duncan about Cochran’s false diagnosis and the way the agency used it and Theresa about the threat.
“Bonnie and I will go up and bring them down here, probably together so Theresa doesn’t get fidgety, but we need to keep them separated while they actually say their own words so they can’t be cross-examined on that. If it goes that far.”
“And then?”
“Then Bonnie and I will work on the motion until it’s in the right shape. You won’t have to stay all the way through that, Jannie. You should be able to relieve your babysitter before midnight. Is that too late?”
“It’s pushing it, but it should be okay.”
“Then let’s get started.”
Thinking out loud, Bonnie said, “If the motion is not
in camera
, you’ll have to mask any portions of the audio tape containing the witness’s names or you’ve waived the protection you’ll be seeking.”