Aftershot
Freedom. Ray Cardoni sniffed the air as he got off the bus. The smell of sewage and hot pretzels with mustard drifted through the air. After nearly thirty years at Sing-Sing, this smelled terrific.
The blare of a car's horn brought Cardoni back to earth. He quickly got on the sidewalk. After thirty years, he'd managed to forget quite a bit about living in New York. Then again, it didn't look quite the same as it had when he'd last seen it. The neighborhood was different. His sister lived here, but she hadn't mentioned that there were blacks here now.
Ray looked at the piece of paper in his hand, then at the building. Yes, this was it. He walked up the steps and opened thedoor. After scanning the mailboxes, he found his sister's home. She lived in apartment 5C. He walked up the stairs and knocked on the door. A woman in her early 40's opened the door. She looked at Ray for a moment and squinted her eyes. "Ray?" she finally asked. Ray's face lit up. "Jennie," he said, hugging her. "Get in here, " she said, grinning. "I haven't seen you since I was twelve."
Ray followed her in. "So this is where you live now. Not exactly a great neighborhood."
Jennie whirled around. "Ray, stop it. That's what got you in so much trouble last time."
"Don't you think I know that? I'm just saying you got a lot of blacks here."
Jennie sighed. She knew Ray would never change. "OK, Ray, why don't you come see your room?" she asked, leading him down the hall.
"Eddie Watkins. Do you have anything besides that beat-up bullet we pulled out of his girlfriend?" asked Abbie Carmichael.
"Yeah," quipped Detective Lennie Briscoe. "We got numerous police reports that say he beat her up, along with that bullet. And the neighbors heard screaming in the apartment."
"But none of those reports mention anything about threatening her with a gun," Executive Assistant District Attorney Jack McCoy shot back. "Face it, we need more evidence."
Briscoe looked over at his young partner, Reynaldo Curtis. "What about the shouts Mrs. Morelli heard?"
"They had a fight over which take-out place to order from. You don't have enough for a warrant. My father would never have tried to let shouting pass as evidence," argued McCoy.
"Then why don't you get him to investigate, since Lennie and I aren�t good enough?" Curtis fired back as he and Briscoe left McCoy's office.
�You know, when I was a beat cop, you could get one of these for a quarter,� Briscoe mused, paying three dollars for a pretzel from a sidewalk vendor.
�You mean back before there was any Constitution to protect the bad guys,� replied Curtis. �I still can�t believe he wouldn�t get a warrant for us.�
�Uh, let�s see. We have no weapon and no witnesses. That wouldn�t hold up in court.�
�He still should have gone before a jury with it, � said Curtis, steaming. �I bet if his father came in with the same evidence, he�d have gotten him a search warrant.�
Briscoe studied his young partner�s face. �Things were different then.�
�Like how?�
�For starters, you and I wouldn�t be partners. You don�t want to know the rest.�
�Well, if that happened, I�d sue the city for discrimination.�
�No you wouldn�t,� Briscoe argued, as Curtis�s cellular phone rang.
�Yeah? We�ll be right there,� Rey said into the phone. �They found Watkins dead,� he explained, unlocking their car doors.
I gotta get some crack, Ray thought. Jennie wouldn�t� allow several things in her apartment--drugs, booze, cigarettes and guns, among other things. She�d said if he wanted any of that, he�d have to leave it outside. Ray had reluctantly agreed because he had nowhere else to go.
After giving his problem some careful thought, he decided to call up one of his friends from Rikers and see if he could score some crack. Danny knew how to get drugs fast. He told Ray to meet him in Central Park in an hour with $100.
Ray scribbled a note to Jennie that he was going for a walk and headed towards Central Park with the cash. Danny was already there and they quickly completed the transaction.
Ray was headed back to the apartment when he noticed two uniforms following him. He broke into a run down West 75th Street but was tackled by the lean police officer. He was handcuffed as the second cop searched him and found the crack.
Ray was pushed into a police cruiser as cop number one recited, "...anything you say can and will be used against you....right to an attorney....be provided for you. Do you understand?"
After being processed and finger printed, Cardoni requested his one phone call. He decided to call Danny and asked him if he could come post bail soon and to bring a gun. He wanted protection against more cops.
Danny agreed to see him at the courthouse and bring along a .32 Beretta for Ray. Ray was whisked into an arraignment room down the street.
"Case number 4298673. People versus Ray Cardoni. Charge is criminal possession in the third degree and possession with intent to sell in the second degree," someone announced as Ray was led to a table and a young woman from the public defender's office came towards the table.
"How does the defendant plead?" asked Judge Reinhart.
Ray looked at his lawyer. "Not guilty," she announced.
"People request the defendant be held on $100,000 bail. He has a prior conviction for murder."
"Your Honor, he lives with his sister. He has no money and he's not a flight risk."
"Defendant is to be held on $50,000 bail, cash or bond," Reinhart ruled.
Danny was waiting behind the defense table. "I've got it all here, buddy," he whispered.
Danny and Ray parted about a half hour later, at almost six o'clock. Ray had the .32 Beretta and started walking towards the courthouse doors.
McCoy was busy taking out his frustration on Carmichael. They'd just lost a probable cause hearing and subsequently gotten their case thrown out. "I told you to make sure Susan Long was ready!" he blasted.
"You knew the risks of having a seven year old as your star witness," Abbie retorted.
"Hey McCoy!" Briscoe called. "We've got news on Eddie Watkins."
"So do we. The case has been thrown out."
"You don't need a trial now. He's dead," Lennie informed the two DAs.
Ray emerged from the courthouse and saw Jack McCoy and Lennie Briscoe talking with some lady lawyer on the steps. He began to tense up. He had sworn to take vengeance on those who had hidden evidence and framed him during his 1968 murder trial. They were there, he recalled. He kept a safe distance and followed McCoy, who had stormed off after his fight with Briscoe and Carmichael towards the parking garage.
Jack climbed on his motorcycle and put his helmet on, oblivious to Ray Cardoni. Cardoni hot-wired a gray Ford, still clutching his new gun.
They drove down West 34th towards McCoy's apartment on West 78th. They rode into a deserted parking garage. Jack turned off the motorcycle, climbed off, took off his helmet and fished around for his key.
Ray opened the car door, got out, and quietly shut it, still holding the gun. "Hey McCoy!" he called, walking silently over to within a few feet of where the A.D.A. stood.
Jack turned around. "Thanks for ruining my life!" Cardoni yelled, firing the gun repeatedly.
Abbie Carmichael and Adam Schiff, district attorney of New York county, were sitting in the waiting room at St. Vincent's when Briscoe entered the hospital. "How's he doing?" he asked.
Schiff frowned and muttered, "They haven't told us anything yet."
"What did you find in the garage?" asked Abbie.
"Not too much, so far. One of the neighbors heard our shooter scream something, then gunshots. CSU's going over the place now."
A doctor came out and walked over to Briscoe, Carmichael and Schiff. "He's out of surgery and just regained consciousness. We pulled out three bullets, two in his chest and one in the leg."
Adam frowned. "Will he be all right?"
Dr. Ryan held his hands up. "He's currently in serious condition. He's lost a lot of blood. You can see him if you want, but only one at a time."
Lennie looked at Adam. "Well, you go first. You and me," he said, gesturing towards Abbie, "need to have a talk."
Abbie nodded. "Someone should call Lynn first," Adam muttered to himself as he followed Dr. Ryan through a hallway and a door.
Briscoe scooted towards Carmichael. "That fight you two were having--what was it about?"
"Like he said, I wasn't able to get a seven year old to say what we wanted to hear in court. We couldn't make probable cause."
"Know of anyone who might do this?"
She thought hard for a minute. "Yes--er, no--maybe. I don't know."
"Was anyone stalking him?"
"No."
"They think our shooter followed him home. Or maybe he just hid in that garage all day. Either way, somebody was serious about this."
"I've been his assistant for three months. He doesn't tell me everything."
Schiff and Dr. Ryan reentered the waiting room. Ryan motioned it was Abbie's turn now. Lennie walked over to Schiff to ask more questions.
"You got any idea what he was supposed to be doing then?"
"I don't keep his social calendar."
"Any ideas on who might have done this?"
"He's been a DA longer than she's been alive. He's put a lot of people in jail. How many enemies do you think he has?"
That shut Briscoe up. He left the hospital speechless.
Abbie followed Peter Ryan into Room 318. She opened the door and stared as she walked in.
There were machines everywhere. A television set was bolted in the corner. Jack was lying in a bed in the center of the room.
She walked over to the bed in a daze. He was hooked up to so many machines that it was unreal. Abbie reached for his hand. It felt so cold to her.
Ryan left the room. "Abbie?" Jack whispered. "What happened?"
"Some lunatic shot you," she answered, gazing at the TV. She whirled around with tears in her eyes.
"Who?"
"They don't know. Was someone following you?"
"I don't think so," he said, taken aback. "Why?"
"You don't normally go home that early."
"I don't remember too much about it. We lost the hearing....then....," he said, staring at her. �Abbie, could you bring me a few things for here?�
�Sure. What do you need?�
�For starters, clothes. Bring some sweat suits or something. Find my toothbrush and shaver,� he told her.
�Sure. I�ll bring the stuff by, maybe tomorrow,� she replied. �Did you see Adam already?�
Jack nodded. �I told him I�m fine. I AM,� he said to the skepticism on her face. �I told him not to bother Lynn. There�s no point in spoiling her seminar.� He sighed. "Talk to her about a key. She's got one for my place."
A woman entered the room. "Jack McCoy?" she asked, looking at her clipboard. "I'm Dr. Maureen Kiley. Miss, it's time for you to leave."
Abbie stood up and walked towards the door reluctantly. "I'll get your stuff for you later."
Jack nodded as Dr. Kiley ushered Abbie out the door.
"What do you have so far on McCoy's shooting?" Lieutenant Anita Van Buren asked Briscoe and Curtis.
Rey flipped to a page in his notebook. "It happened a little after six last night. One of the neighbors heard some shouts from what we think is the shooter, followed by three shots."
"Your witness--are they sure that wasn't McCoy's voice?" Van Buren interrupted.
"He's positive. Said they've been neighbors for thirteen years," Briscoe told her.
"Bullet was a .32. It's down at ballistics right now," Curtis continued. "We're still waiting on the results."
The phone rang. "Van Buren," she answered. "All right, I'll tell them." She turned to her two detectives. "That was ballistics."
"Boy, that was fast," Curtis replied.
"Well, why don't we go see what Speedy Gonzales found out?" Lennie joked.
"So what did you find out?" asked Curtis.
"Slug's are from .32 Beretta," Arlene Schier began. "And look at this," she said, placing a microscope in front of them.
"What? All I see is a big blob," Lennie told her.
"The first bullet here is one they pulled out of McCoy. The second is one they pulled out of the late Shelly Dubinski five months ago," Schier informed them. "They both have the same number of lands and grooves, right twist..." She gazed at Briscoe and Curtis.
"They came from the same gun," Rey finished.
"Give your partner a raise, Lennie. All those late night science courses have finally paid off."
"How 'bout I give him a gold star instead?" he smiled.
"Did you ever find the gun that killed Dubinski?" Curtis asked.
"No."
"Well, Lennie, you want to go knock on doors, see if anyone else heard anything?"
"Thanks, Arlene," Lennie said, moving towards the door. "I've got a better idea. Let's go see what we can find out about Shelly Dubinski."
"Shelly Dubinski," Van Buren said. "How's her murder connected to this?"
"I pulled her sheet. Convictions for drugs, drugs, robbery, prostitution, and more drugs. I've also got the original case file for her murder," Rey announced.
"The gun used to kill her was never found?"
"Nope. She did have a boyfriend then. A Mark Sheridan," Lennie told her.
"Why don't you two pay Mr. Sheridan a visit then?" answered Van Buren.
"Can I help you?" asked a man behind the counter.
"Yeah," Lennie replied. "We're looking for a Mark Sheridan. We heard he works here."
The man went in the back of the store and soon returned, followed by another man. "Gary said you wanted to see me?" he asked.
"Just a few quick questions," Lennie assured him. "It's about Shelly."
"Shelly? She's dead," he answered with a puzzled look. Gary left them alone and went in back. "She's been dead for five months."
"We know that. We'd just like to ask you some questions about her death."
"What do you want to know? I mean, I was there but I didn't see anything." Sheridan was confused.
"You were with her?" Rey asked.
"Yeah." He sniffed. "We were going to a movie. I heard gunshots and hit the ground. I got hit, in the leg. Shelly was just laying there..."
"Did Shelly have anyone mad at her?"
"There was a drug dealer who wasn't happy with her. I can't think of anyone who would kill her though."
"Why would this drug dealer kill her?"
"I don�t know too much about it. He was screaming something about how she ripped him off the day before she died. His name was Danny, I think."
"Do you know where we can find Danny?" asked Curtis.
"He used to hang out in an apartment on West 31st. I don't know if he's still there."
"Thanks, Mark," Lennie told him as they headed for the door.
"You don't know if you have anybody who lives here named Danny Parelli?" Briscoe asked the super of the building on 31st street that Mark had mentioned. They'd found the address by checking the places where Shelly had been arrested and her known associates. "Danny Parelli. Sure you don't remember him? The one with lots of people coming in and out all day?"
"Oh, that Danny. He doesn't live here anymore."
"So where does he live?"
"How should I know?"
Lennie sighed. "You know, Rey, this place has a dozen codes violations that I can see from here."
"All right, he used to live here but he moved after some junkie got shot."
"Did he leave a forwarding address?" Curtis inquired.
He nodded. "Let me go find it," he said before he disappeared and returned a few minutes later with a piece of paper. "Here, he said, handing it to Briscoe. "You're not going to report me though, right?"
"As long as the address is good," Briscoe promised.
"Yeah, he lives there," Gladys Howard said, looking at a picture of Danny that Rey held. "His girlfriend�s name is the one on the lease though. Sandy Scampeti. She's nice enough."
"What about your neighbor�s boyfriend?" Briscoe asked.
"Him? He's not around much. I saw both of them get home an hour ago, if you want to talk to him."
"They did? Thanks, Mrs. Howard. We'll go do that." He and Briscoe turned away from her and walked down the hall. "We know he's here. Do you want to arrest him now?"
"Nope. I want some backup first."
Rey whipped out his cell phone and dialed their precinct. Twenty minutes later, they had a small army of cops waiting outside Danny's apartment.
Lennie pounded on the door. "We're busy!" a female voice called.
"Con ed, ma'am, we've got a gas leak!" Curtis answered.
Footsteps approached the door and it slowly began to open. "Freeze, police!" Curtis yelled as the cops pushed their way into the apartment.
Danny took one look and ran for the fire escape but was quickly tackled by the young detective. "You're under arrest, dirt bag. Anything you say can and will be used against you in a court of law. You have the right to an attorney," he continued reading Danny his rights as he slapped a pair of cuffs on him.
"Yo, man, when're you gonna listen to me? I didn't do nothing!" Danny griped.
"Really? Ok, fine, let's talk about Shelly Dubinski," Briscoe said.
"I don't know no Shelby Dabfrinski."
Curtis snorted. "You know her better as the lady you pumped eight bullets into five months ago. Remember now?"
"Five months ago I was living in Seattle," Danny said with a smirk.
"Oh really? Your prison record tells a different story. It says you were living at 411 West 31st street selling dope out of your apartment," Briscoe informed him, slapping a folder onto the table. "Now do you wanna quit wasting our time or not?"
"That was a multiple shooting you were in five months ago. The D.A.'ll get you doing 25 to life and 12 1/2 to 25, consecutively, if you don't start telling the truth," Curtis interrupted.
"The gun used to kill Shelly and wound her boyfriend is the same one used to shoot a D.A.," Briscoe continued. �This guy, he put away a lot of people. Maybe he put you away at one time or another. Maybe that made you mad, Danny, which could help you at trial.�
"I didn't shoot no D.A.!" Danny screamed. "Dilpinski, yeah, I did her, but I didn't have nothin' to do with no D.A. gettin' shot!"
Rey glanced at his partner. �You didn�t say anything to the cops who investigated Dubinski�s murder about killing her. Why not?�
Danny snorted. �Those were a couple of rookies. Maybe yous guys didn�t train them good enough. Alls I know is, they talked to me once and I never heard my name mentioned after that.�
"What, we're supposed to believe the word of a drug dealer?" Lennie asked. "One who has convictions for dealing, possession, arson, extortion, armed robbery, larceny, etc. etc. etc.? C'mon, do we look like idiots to you?"
"I gave that gun...to a friend. Like, two days ago, man. I ain't seen it since." Danny sat in his chair with a smug look on his face.
"Forget it, Lennie. He's just jerking us around. Let's just tell the D.A. to go for attempted and let them sort it all out," Rey said, clearly irritated.
"His name's Jay Pantoni," Danny interjected. "I gave it to him after I paid his bail."
"You know what we're gonna do with you now, Danny? We're gonna stick you in a holding cell while we check out your story. And if we find out you lied to us..." Rey trailed off, glancing at Lennie.
"Then you go down for two counts of attempted and one count of murder. Shooting a D.A. Danny, that was real bright," Lennie finished. He and Curtis went into the observation room where Van Buren had watched their interview.
"He's telling the truth here," she commented.
"What, you believe this hump?" Curtis shot back.
"He's already confessed to one murder and an attempted murder. I don't think he'd lie about shooting McCoy. You�re experienced detectives, unlike Sanchez and Boskowicz, the two who supposedly looked at him for the junkie�s murder once before. Less than five years on the job between the two of them." She looked hard at her two detectives. He said he gave the gun to a friend. See if this plays out."
"You want the names of everyone who was arraigned on Tuesday? Do you have any idea how many people that is?" a young clerk asked the cops.
"Spare us the lecture. Just give us a list of the names, ok?" Briscoe asked, annoyed.
"Give me a minute," he said, disappearing into another room.
"Boy, these kids today...I can still remember when they used to do whatever you asked them to right away," he griped.
Dave returned holding a computer printout. "Everyone who got arraigned on Tuesday," he said triumphantly. "Happy reading."
Rey scanned the list. "There must be like a thousand names here...but no Jay Pantoni."
"Keep looking...maybe he 'confused' him with another person he gave a gun to." Lennie perused his list. "Wait, here's one...Ray Cardoni, possession and possession with intent."
"Let me see that," Rey answered, reaching for the list. "He got out right before the shooting. At about six. Gives him twenty minutes to get there and shoot McCoy." He looked at his partner.
"Hey, Dave!" Lennie called. �We need an address on one guy...a Ray Cardoni.�
�Come in here,� he replied, showing them into a room with a computer sitting on a desk in the middle of it. He sat down and punched some keys. �Ray Cardoni. Lives at 421 West 96th with his sister, apartment 5C.� He looked up. �And he�s on parole, got out six days ago.�
�Police!� Lennie yelled as he banged on the door to 5C. �Open up!�
�You got ID?� a voice called.
Briscoe shoved his badge in front of the peephole. Locks turned and the door opened. �You Ray Cardoni?� Briscoe demanded.
�Yeah,� he stuttered. �What�s going on?�
Curtis strode over to Briscoe and Cardoni. �We�ve got a search warrant. You need to stay out of the way, sir.�
�Oh, God,� he muttered, flopping on the couch.
About a dozen cops rummaged around for ten minutes until they were interrupted by a woman entering the apartment. �Ray?� she asked, with a puzzled look in her eyes. �What�s going on here? I thought I said no drugs.�
�Jennie, these are cops here. They�re trying to screw me again.�
Curtis walked over to her. �Jennie, we need you to stay out of the way until we�re done with our search.�
�Rey!� Lennie called from a bedroom. �See, this looks like a .32 to me,� he commented. �And this...,� he continued, showing off a green T-shirt with red splotches on it, �It don�t look like ketchup.�
They walked back over to the couch where Jennie and Ray were. �Would you please stand up, sir?� Curtis asked. Cardoni complied with the request. Jennie sat silently. �Ray Cardoni, you�re under arrest for the attempted murder of Jack McCoy,� Curtis began. �You have-----�
�Attempted murder?� Jennie shouted. �Attempted murder?�
�Please, ma�am, just stay out of the way,� Briscoe advised, restraining her as Curtis continued his recitation of Cardoni�s Miranda rights and led him out of the apartment.
�So do you know why you�re here, Ray?� Curtis asked.
�Yeah. I got one question though,� Cardoni replied. They stared at him. �Who�s this McCoy?�
�You know him better as the district attorney you tried to kill,� Curtis said with a smirk.
Cardoni jerked his head up. The cocky attitude vanished. They had his full attention now.
�I want a lawyer.�
Briscoe and Curtis looked at each other and went back into the observation portion of the room where Abbie Carmichael was waiting. �That�s the nut case who shot Jack?� she asked, staring through the one-way glass of the interrogation room. �What do we have so far? Someone bring me up to speed on this.�
�Danny, the friendly neighborhood dealer, said he gave the gun used in the shooting to Ray right after he made bail. The gun was found in the back of his closet, along with a bloody shirt. A sample of it�s on its way to the lab now,� Curtis answered. �L.T.�s with his sister, trying to calm her down.�
�She didn�t know about the gun, the shooting, the drugs?�
�Of course she did. He came home and said, �Jennie, I got arrested for having drugs in my pocket after you said I couldn�t have any, then I called my supplier to bail me out and give me a gun before I used it to go shoot an A.D.A.� That�d really fly with her,� Briscoe remarked.
�So where are we on motive?� Carmichael asked, ignoring Briscoe.
�Well, we figure he put Cardoni away at some point,� Rey told her.
�But all that�s on his sheet is the drug charges, more drugs, robbery, assault, unlawful possession of a firearm and a murder charge from 1968. All of these convictions are �68 or earlier.� She looked up.
�McCoy started here in �70,� said Briscoe. �No way he�s connected to any of these cases.�
�Talk to Jack and see what he knows about this moron,� Abbie told them.
�Jeez, you�d think this was the White House the way they are with security,� Briscoe griped.
�If their security was so tight, how�d Monica slip through?� Curtis joked.
They walked along the hospital corridor down to room 439 and discovered a young redhead perched on the edge of McCoy�s bed. She grew quiet immediately when the cops entered the room. She quickly got off the bed and walked over to a window. Jack glanced over at her and turned back to the detectives. �We�ve got some pictures for you too look at,� Briscoe told him. He placed six photos on an empty lunch tray.
Jack looked at them for what seem like an eternity. �This one,� he finally said, gesturing towards Cardoni�s picture. Curtis nodded, pulled his cell phone out of his pocket before stepping outside the room.
The woman shuffled over to the bed to look at the picture Jack had identified as the shooter as long curls spilled over her shoulders. �Who is he?� she asked.
Briscoe sighed. �His name�s Ray Cardoni. Ring any bells with you?� Jack shook his head. �He�s got a long sheet: drugs, murder, robbery, assault, the works. Do you have any ideas why he would shoot you?�
�I�m not even positive of who he is,� Jack answered. �Maybe he didn�t like a deal I made with him. I don�t know.�
�Carmichael got a million on bail,� Curtis said as he returned to his spot in the room. �Look, I�ve gotta get to my kid�s school. I�m supposed to see Olivia in her school play,� he told his partner before leaving room 439.
�Jack, this guy�s last conviction was for murder in �68,� Lennie said. �I can�t see how you�re involved in this.�
�Perhaps this was a case of mistaken identity,� the woman spoke again. �Maybe he just thought you were someone else,� she said, looking down at Jack.
Jack sat up straight. �Lynn, who�s covering your classes today?�
�I called in sick,� she smiled. �Look, I�m thirsty. Do either of you want anything?�
�Maybe I�ll go with you, Lynn,� Lennie said. �I could use a soda.�
Lennie led Lynn out into the hall. �So how long�ve you two been together?�
�Three months. Why?� she answered, gazing at him.
Lennie sighed. �Where�d you meet him?�
�In a bar. You never answered my question.�
He stopped and checked around to see if there was anyone else around. �Did he mention what happened to his last girlfriend?�
Lynn gulped. �You mean Claire?� He nodded. �Yeah, he did. You were with her that night?�
�I was drunk and she was taking me home. Should�ve just taken a cab.�
�Probably. Sometimes, things happen that are totally out of our control.� She started walking towards the cafeteria again.
�Wait, what�s that supposed to mean?� Lennie said, trying to catch up.
This time it was Lynn who stopped dead in her tracks. �How much has he told you about me?�
�I don�t think he even mentioned he had a new girlfriend. Claire was the last one and her accident was three years ago. He hasn�t said anything about anybody since.�
�So you didn�t hear about Rob?� Lennie�s face was blank. �I was engaged to him two years ago.�
�So what happened? Where�s he now?�
Lynn took a deep breath. �He�s in Green Hills Cemetery, near Claire. He was killed in a robbery. He just walked into the store...and...� She started to cry. �Jack knows about Rob. I told him about it when he mentioned Claire in the bar that night. And now some lunatic tries to kill Jack....� She brushed the tears off her face. �You�ll get this guy, right?�
�We�ll do everything we can,� Lennie assured her.
Adam Schiff leaned back in his chair and rubbed his eyes. �This Cardoni...tell me you have a case against him,� he said to Abbie.
�We�ve got a strong circumstantial case right now,� she answered.
He opened his eyes. ��Strong circumstantial case.� Do you have any witnesses, motive?�
�No, but ---�
�Who�s his attorney? You better hope they don�t know what they�re doing!�
Carmichael rolled her eyes. �He hired Teri Marks.�
�Teri Marks? Wasn�t she the one who got a rapist off 30 years later?� He glared at her. �When does McCoy get back?�
�I don�t know. He gets out of the hospital tomorrow. He was able to I.D. Cardoni.�
There was a knock at the door. �Come in!� Schiff barked.
A clerk walked over to Adam�s chair and handed him a blue piece of paper. �This just came for you,� he said before he turned away.
�Thank you,� Schiff called. He skimmed the document. �Motion to dismiss,� he grumbled. �Marks�s moving to suppress the statements Danny Parielli made to the police.�
�Your Honor, the people�s so-called �evidence� is all smoke and mirrors,� Teri Marks complained.
�Miss Marks, I�ve read the case file and I don�t see an overwhelming reason to exclude the evidence from your client�s apartment and dismiss the charges,� Judge Miguel Rivera informed her. �The people had a valid warrant for the search.�
�Judge,� Marks began, �the search warrant was obtained using several statements from Danny Parielli, a known drug dealer and convicted perjurer, who has since confessed to murdering one of his own customers and injuring her boyfriend.�
�Is this true? You received this search warrant based solely on the testimony of a perjurer?� Rivera stared down at Abbie. �The shirt and gun are excluded. You should be more careful next time, Miss Carmichael.�
�Your Honor, we would have eventually found out that Mr. Cardoni was the shooter. The police could have checked on Mr. Parielli�s whereabouts for the day of the shooting and would have inevitably discovered that Mr. Cardoni was sold drugs by Mr. Parielli, later arrested and bailed out by his dealer. I am confidant they would have seen fit to then question Mr. Cardoni and eventually obtain a search warrant for his home and thereby inevitably discovered the bloody shirt and .32,� Abbie finished, taking a breath.
�But that�s not what the police did, Your Honor,� Marks retorted.
�All right, all right. Parielli�s testimony is out, the gun and shirt are in,� Rivera ruled.
Carmichael knocked on the door to McCoy�s apartment. Lynn promptly answered it. �What?�
�I need to talk to Jack for a few minutes,� Abbie replied.
Lynn stared at her. �He�s resting. Now�s not a good time.� She tried to close the door but Abbie grabbed it.
�It�ll only take a few minutes,� she told her.
Jack showed up behind Lynn then. �Abbie? What are you doing here?� he asked.
�I need to talk to you and clear some things up.�
Lynn looked at Abbie and it was clear she was annoyed. Jack had acquiesced though. Abbie followed Jack in. Lynn stayed at the door for a minute. �Have a seat,� Jack said. �What�s up?�
Abbie found an armchair and moved the papers covering it to a neat pile on the floor. Jack flopped onto the couch. Lynn stood behind the couch, glaring at Abbie. �Danny Parielli�s statements got excluded.�
�Did I miss something? Who�s Danny Parielli?� Lynn asked.
�He�s the dealer who gave the gun to the shooter,� Abbie explained, more to Jack than Lynn.
�So what? You can�t prosecute this Cardoni because you screwed up on getting his dealer�s statement?�
�Jack, we think Cardoni may have had some kind of personal beef with you, like you put him or one of his friends away at one point,� Carmichael said, ignoring Lynn.
�Abbie, I told the cops, I�ve never even heard of this guy before now. I don�t have a clue why he would choose me to shoot. I never prosecuted him.�
�Sure, like you�re going to remember every person you�ve ever prosecuted."
"He was screaming about how you screwed up his life for him.�
Jack sighed. �Still could be anybody.�
Lynn started glaring at Abbie more. �Didn�t we hear these questions the other day at the hospital?�
�Jack, I need some answers before I can go into court and present this thing to a jury.� She stood up, unable to ignore Lynn any longer.
�I know that but I don�t have your answers, Abbie. Ray Cardoni does,� he replied, leaning back and closing his eyes.
�Abbie, it�s time for you to leave. Jack needs his rest,� Lynn ordered, ushering her out the door.
She stopped short a few feet from the door. Lynn almost bumped into her. �Jack, call me when you�re not busy, all right?�
Carmichael knocked on the door to 5C and sighed. It had not been a good week. She�d lost Danny Parielli�s testimony but not the physical evidence. Jack hadn�t been any help to her. That moronic redhead had practically thrown her out of McCoy�s apartment...who did she think she was? His mother? And to top it off, she�d gotten a call from her own mother last night, saying she was coming for a visit in a week. Abbie dreaded spending time alone with her mom because of her constant nagging about getting married and giving her some grandchildren before she died.
Jennie Cardoni opened the door. �Can I help you?� she asked with a disapproving frown.
Abbie snapped out of her trance-like state. �I, I�d just like to ask you some questions.�
�My brother�s lawyer said not to talk to you.�
�Aren�t you the least bit interested in helping him?� Abbie looked at her. �You are paying the lawyer, so that must mean something.�
�I can end this at any time?� Jennie asked. Abbie nodded. �All right,� she said reluctantly, allowing Abbie to come in the dingy apartment.
�Have a seat,� Cardoni told her, sitting down on the couch. Carmichael took a nearby chair. �Where do you want me to start, his getting paroled two weeks ago or how he wound up there in the first place?�
�Wherever you feel most comfortable starting. We can always backtrack,� she responded. �He started with drugs, gun, assault and robbery. Petty stuff. How�d he move up to murder?�
�I�m not sure exactly. Our mom got cancer and died in 1965. Ray was always real close to her,� she sniffed. �He took it pretty hard. That�s when he started getting in trouble. He dropped out of school then too.�
�How old was he when your mother died?�
�Fifteen. I was nine. I didn�t understand why he kept being away from home so much. He started with drugs, then he got a gun. For protection, he said. Our dad told him ... he kicked Ray out, said he couldn�t come back till he got rid of the gun. Started holding up places to support himself.� She snorted. �The cops even knew him by name, since he got arrested so often.�
�How�d he get the assault conviction?� Abbie asked.
Jennie stared at the ceiling. �He was high and got in a fight.� She turned to Abbie. �The guy he slugged turned out to be some councilman.�
�And from there, he went up to murder?�
�He never told me he did it.� Jennie bit her lip. �Ray, he�s got a real problem with blacks. The cops said he got in a fight with one, smashed a beer bottle on his head and took his wallet. Then he set the poor guy on fire. After he got convicted...Dad had a heart attack and died. I moved in with an aunt. I wasn�t allowed to mention Ray at all.�
�I�m sorry.� It was all Abbie could say.
�I guess it�s true...some people really are incapable of changing into decent human beings.�
�Adam, when a jury hears about his prior convictions, especially the murder one--�
�No jury�s ever going to hear that evidence. Prior bad acts. It�s inadmissible.�
�Adam, I think I can get it admitted. He brought it up when he said Jack ruined his life,� Abbie argued.
�You think. Jack McCoy says he�s never heard of this person. Never convicted the guy. Therefore, your prior bad acts get excluded.� Adam took a sip of scotch. �Cut a deal and cut your losses. You don�t have a case on this one.�
�What if he�d killed Jack or seriously injured him? Would you still want a deal?� Abbie paused for a minute. �That redhead witch he�s been hanging out with is all over my back on how much I�ve screwed up this case. I don�t� need to give her any more satisfaction here.�
�Lynn Jensen. She�s still mad that you lost the case against her fiance�s killer two years ago. You lose this one....you better talk to Jack about keeping her under control this time. Make a deal and Lynn�ll be thrilled.�
�It was my first murder case.�
�Don't make the same mistake twice.�
Abbie shook her head and walked out of her boss� office.
Abbie sat nervously at her table in Judge Sullivan�s courtroom. Today was the first day of Ray Cardoni�s trial, nearly four weeks after Jack�s shooting. She twirled a pen and shuffled papers.
�All rise,� called a bailiff. Abbie stood up, with the rest of the courtroom, feeling very faint. Her knuckles turned white from gripping the edge of the table. She�d felt the same way during her first murder trial.
Lisa Sullivan entered her courtroom. "Be seated," she instructed its inhabitants. Turning to the bailiff, she told him to bring in the jury. He returned a moment later followed by 12 others. Sullivan looked over at Abbie. "Miss Carmichael, do the people wish to make an opening statement?"
"Yes, Your Honor." Abbie stood up. She'd had one planned the night before but she couldn't remember any of it now. "Ah, ladies and gentlemen of the jury," she began. She spoke for less than five minutes to them, explaining the bare essentials of her case before sitting down, unable to recall any of what she had just said. Marks required under a minute to complete her opening statement. Abbie hadn't been paying attention but she knew it was something to the effect of he didn't do it.
"Miss Carmichael?" Judge Sullivan called, with an amused look on her face. "Do the people plan on calling some witnesses or shall I assume that your opening statement was your entire case?" Her rebuke was met with snickering from the gallery.
Lynn Jensen didn't find it the least bit comical. Abbie jerked her head around for a minute and saw Lynn scowl at her. She looked back at Judge Sullivan. �The people call Detective Rey Curtis."
Curtis walked to the front of the room and was quickly sworn in.
"Detective, would you please explain the events that occurred on 549 West 78th street on March 9 of this year?" Abbie asked.
"The defendant, Ray Cardoni, was arrested on drug charges that morning. He was later bailed out by an old friend. The defendant then followed Jack McCoy home and shot him in a parking garage."
"Objection," Marks called. "Speculation."
"Detective Curtis is qualified to testify as to the conclusions formed as a result of the investigation," Carmichael retorted.
"Yes, objection is overruled."
Abbie turned her attention back to Curtis. "Did you find the gun used in this shooting?"
�Yes, it was found in the defendant�s apartment.�
�Did you discover anything else of importance in Mr. Cardoni�s apartment?�
�We found a green shirt with blood splattered on it. We sent samples of the blood to the lab for testing.�
�And what were the results?�
�They determined that the blood came from Jack McCoy.�
�Thank you, detective,� Abbie said, walking back to her chair.
Teri Marks rose. �Let�s back up a bit. The drug charges my client was arrested on, what�s the status of that case?�
�I�m not sure,� Rey answered.
�Is it an active case?�
He sighed. �Not to my knowledge.�
�Now the friend who posted bail for my client, what�s his current profession?�
�Objection, irrelevant,� Carmichael interjected.
�Overruled. I want to hear it,� Sullivan ruled.
Carmichael rolled her eyes. �He�s a drug dealer,� Curtis replied.
�Can you prove that the blood stain didn�t get on my client�s shirt during a fistfight?�
�No,� he sighed.
�One last question. Your partner is Det. Lennie Briscoe, correct?�
Rey looked to the prosecution table and further back to McCoy. �Yes he is.�
�Thank you.� Marks returned to her seat.
�Your Honor, the people call Jack McCoy.�
Curtis stepped down from the witness stand. McCoy stood up. Lynn grabbed his hand and squeezed it. He slowly limped to the stand, raised his right and placed his left on a Bible as a bailiff swore him in.
�Mr. McCoy,� Abbie started, �what is your occupation?�
�I�m an assistant district attorney.�
�And how long have you been working in the D.A.�s office?�
�Twenty nine years.�
�In that twenty nine years, have you ever been threatened by someone you convicted or an angry victim?�
�Yes, several times. Sometimes, you have someone upset over the outcome of a trial,� Jack explained to the jury.
�How many times do they follow through on their threats?�
�Very seldom.�
�How many times have you been shot at?�
�Maybe once or twice.�
�What happened to you on March 9?�
�I was shot,� Jack replied.
�Is the person who shot you in this courtroom today?�
�Yes, he�s the defendant, sitting over there,� he answered, pointing to Cardoni.
�Let the record reflect the witness identified the defendant,� Abbie said. �Nothing further.�
�Miss Marks, is the defense planning on cross-examining this witness?� Sullivan asked.
�Of course, Your Honor.�
�We�ll recess for lunch until...,� Judge Sullivan studied her watch, �one o�clock..� She banged her gavel and retreated into her chambers.
Jack made his way over to Lynn just slightly faster than a turtle. He put his arm around her as they walked towards the door. Abbie hurried after them. �Jack!� she called when they reached the courthouse steps. "is there anything else you might have forgotten to tell me? Something Marks could use?"
"No, nothing," he replied wearily.
Abbie breathed a sigh of relief, carefully avoiding Lynn�s cold gaze.
�Counselors!� Briscoe yelled, taking the steps two at a time.
�What�s up?� Carmichael asked him.
�This.� Lennie shoved a blue paper under her nose. She snatched it from him and scanned its contents.
She looked back at him. �Marks subpoenaed you? Why?�
�Maybe she thought her case was so crummy that they need some entertainment in there. I�ve got tons of stories I could tell in there,� he smiled. �So what do you want me to do?�
�Just tell the truth,� Jack told him. �It�s all going to come out anyway.
�Miss Marks, you may proceed,� Judge Sullivan announced.
�Thank you,� she said as she stood up. �Mr. McCoy, you said you�d been threatened before, correct?�
�Yes,� he replied.
�Have you ever been threatened by Ray Cardoni?�
�Objection!� Abbie leaped out of her seat. �Irrelevant!�
�Miss Carmichael, you�re overruled.�
�No, I have not,� Jack answered as Carmichael returned to her seat.
�Have you ever heard of my client prior to this?�
He thought hard for a minute and sighed. �The original case...it was pretty famous. But no, I don�t recall Ray Cardoni being part of the media circus back then.�
�Let�s shift gears here for a bit,� Marks said. �How about Mike Wolf, Steve Kelly and Tom O�Connor? Any of those names ring a bell?�
"Your Honor, this is in no way relevant to the present case," Abbie argued.
"Overruled."
�Mike Wolf was my father�s partner from 1964 to �71. Captain Kelly was their supervisor and I believe O�Connor was another detective in that precinct.�
�This would be the 82nd precinct, where my client was a frequent visitor?�
�Objection!� Abbie yelled. �Beyond the scope--�
�He�s an executive assistant district attorney. You�re overruled,� Sullivan told her.
Abbie rolled her eyes.
�I wouldn�t know anything about that,� replied McCoy.
�Really? I have here a signed affidavit from one of the secretaries in that squad. She says both you and Ray Cardoni were there all the time. You both tangentially stopped coming in there in late April 1968. She often saw the two of you there at the same time.�
�I can�t see how that impacts things here.�
Abbie again objected and Sullivan overruled her.
�Was corruption rampant in the 82nd precinct?�
�I wouldn�t know.�
"Your Honor---" Abbie started.
"Forget it, Miss Carmichael," Sullivan informed her.
Marks walked over to him. �My source says it was. She also claims you were present when Detective O�Connor made a remark about your father framing Ray Cardoni so that Tommy Lewis� killer would never be found and brought to justice.�
�What the hell are you insinuating?� he demanded.
�Did your father, John McCoy, frame my client for murder to cover his own ass?�
�OBJECTION, Judge!� Abbie screamed.
�Sustained! That's enough, Miss Marks.�
Fuming, he screamed, �Do you have nothing better to do than sit around and smear the reputations of good cops?�
"The jury will disregard the witness' last remark," Sullivan told them.
�A good cop? This was the same good cop who beat you, your mother, your sister?�
"Your Honor, this is the same line of questioning," Abbie complained.
"Miss Marks, this is your last warning."
Marks walked over to the jury box. �Have you ever convicted the wrong man?�
�I�ve had the verdict reversed each time.�
�Hank Chappel and Andrew Dillard. Did either later threaten you?�
�Not physically.�
�How about the disciplinary committee? Have you ever had to appear before them?�
"Objection," Carmichael argued.
"Overruled."
�Yes, I was cleared of any wrongdoing.�
�How many times?�
He looked over to Abbie, then back to Lynn and finally to Judge Sullivan. �You have to answer, Mr. McCoy,� she said sternly.
Jack cleared his throat. �Four.�
�Wasn�t one of those times for concealing evidence? In the Dressler case, I believe.�
�I was cleared.�
Teri wrinkled her brow and sauntered over to the jury box. �Did you concoct this story to frame my client AGAIN?�
�Why would I lie? Why would I shoot myself?� he screamed.
�Isn�t it possible that someone else could have committed this crime?�
�NO!�
She thought for a minute. �Lynn Jensen is your girlfriend, correct�?�
�That has absolutely nothing to do with th---�
�Just answer the question,� she barked.
�Your Honor,� Abbie interrupted quietly, �this is completely irrelevant. Mr. McCoy�s personal life is not an issue here.�
�Sustained,� she ruled. �Move on, counselor.�
Teri Marks thought for a minute. �Nothing further.� She returned to her seat smugly.
�We�ll recess until 9:00 tomorrow,� Sullivan declared, banging her gavel.
Abbie quickly packed her things up and scurried out the door. Lynn furiously waited for Jack to slowly limp over to her. They silently followed everyone out of the room.
Carmichael stood in a corner of the lobby talking on the pay phone. Jack made a bee line for her. He grabbed the phone and slammed it down. �Hey!� she exclaimed.
�What was that in there?� he demanded.
�What, you wanted me to baby you like your girlfriend does in there?�
�No, I expected you to act like a prosecutor instead of a rookie." He stormed off with Lynn on his heels.
"Four hours. They found nothing." Abbie flopped on the couch.
"You're supposed to be winning right now," Adam grumbled.
"I'm not cutting a deal."
The old man sighed. "Jack called earlier. He wants you off the case."
"Well, he's not in charge right now."
"He's upset about what got said in court, " he informed her, pouring a glass of scotch. "Offer Marks assault with a deadly. See if she's dumb enough to take it. That's an order."
Abbie wrapped up her case by lunch. As long as Marks was putting the police department on trial, her case was too weak.
Jack's absence was noticed by everyone. Marks began her case that afternoon. Surprisingly, she called her client as her first witness.
"Mr. Cardoni, I'll cut right to the chase here. Did you shoot Jack McCoy?" his attorney inquired.
"Yes."
The courtroom noise level rose significantly. Abbie was stunned.
"Why?"
Ray took a deep breath. "He knew I didn't kill Tommy Lewis."
"Let's back up a little here, Ray. Who's Tommy Lewis?"
"He's the guy everyone said I killed thirty years ago."
"And Mr. McCoy was aware of your innocence and let you stay in jail?"
"That's right," he nodded.
�Why?�
�To protect his father.�
�Why would his father need protection?�
�Because he killed Lewis.�
�Objection!� Abbie called.
�Sustained. Jury will disregard.�
�May we approach, Your Honor?� Carmichael asked.
Sullivan nodded and beckoned for them. �This is completely prejudicial. I want a mistrial!� she complained.
�I want to know what kind of stunt you�re trying to pull here, Miss Marks.�
�I�m entitled to offer an alternate theory of the crime,� she explained.
�That implies her client does not confess to it under oath,� Abbie retorted. �Any evidence relating to the Tommy Lewis case is grossly prejudicial and should be excluded.�
�Wait a minute, first of all, the people should not be interested in whether or not this evidence is admitted. It wouldn�t influence the jury. In fact, it would help their case. Second, goes to motive and state of mind,� Marks told them.
�And exactly what was his motive? I think I missed that part,� Carmichael asked.
�He wanted to clear his name but McCoy refused to help.�
�Your Honor, may we have a recess until tomorrow? I need time to look into this.�
�The defense has no objections,� Marks agreed.
�All right, we�ll recess until tomorrow,� the judge declared.
Abbie heaved a sigh of relief.
�I�ve got the Petersen probable cause at four. Then tomorrow, the Kingsley severance motion at nine and I�ve got to get a continuance for the Thobaben case sometime. That it?� Jack asked.
�Jack, take it easy,� Adam began. �I can give some of these cases to someone else.�
�Like Abbie Carmichael? Trust me, she doen�t need to get into anything else.�
Abbie flung open the door then. �Adam,� she complained, �where�s McCoy? I swear, that jerk�s trying to sabotage my case!�
�Calm down, he�s right over there,� Adam pointed to Jack, who was reclining on the leather sofa.
�What are you doing back here so early?� he asked.
�I�m going to be getting a continuance.�
�A what?� McCoy exclaimed, jumping up. The pain shot through his leg. �Oh, Jeez...�
�A continuance, Jack, one of those things we get when we can�t make a case,� she said smugly. �And just what are you doing here?�
�Jack I�ve got a question for you,� began Abbie.
"What?"
"Ray Cardoni said something about you refusing to help clear his name. Did he ever try to get in touch with you?"
"No. I told you, I might have seen him a long time ago but he's never contacted me."
Teri Marks resumed her case on a cloudy, overcast Thursday morning. The weather was a perfect fit for the prosecution�s mood. They were still unable to dig up anything that would indicate contact between Cardoni and McCoy.
Marks quickly finished cross-examining her client. Carmichael stood and buttoned her jacket. �you said that you shot Jack McCoy, correct?�
�That�s right,� Ray answered with a grin.
�Because he didn�t want to help you clear your mane?�
�Your Honor, we heard all of this yesterday,� Marks objected.
�I want to make sure I understand Mr. Cardoni, Your Honor,� Abbie explained.
Sullivan nodded her head in approval.
�You�re pretty smart. That is what happened, Miss Carmichael,� Cardoni responded.
�At what point did you contact Mr. McCoy about this?�
�I, I, I�m not sure,� Cardoni stuttered.
�Could that be because you never spoke to him about this?�
�He KNEW the truth!! He didn�t do a damn thing to help me!! He nev--,� the defendant exploded.
�Move to strike, nonresponsive,� Abbie interrupted.
�--er tried to get me out of jail. He KNEW I was innocent!!� he finished. He looked out to the gallery. The prosecution was all on the left side of the room. Teri was at her table, shaking her head and mouthing �no� to him. Jennie was right behind her, crying and looking like she�d just seen a ghost.
Lisa Sullivan ruled in the prosecution�s favor and told the jury to ignore Ray�s last outburst.
�Nothing further, Your Honor,� Abbie said as she returned to her table.
�The defense calls Detective Leonard Briscoe.�
Lennie sauntered up to the stand.
�What is your current profession, Detective?� Marks asked.
�I�m a detective with the New York City police department.�
�Were you a member of the eighty second precinct at any time?�
�Yeah.�
�When?�
�From late �66 to �69. I was a rookie beat cop there.�
�Do you recall the Tommy Lewis murder case?�
�Sure, big case.�
�Was Detective John McCoy involved in this case?�
�Objection,� Carmichael called.
Sullivan overruled her. �Yes, he was,� Lennie answered.
�Wasn�t there a rumor going around your precinct immediately following Mr. Lewis� death?�
�There were always lots of rumors there,� Briscoe smiled.
�Was there one in April of 1968 concerning the Lewis case?�
�Like I said, there were always rumors. Yeah, I seem to remember plenty involving that case.�
�Was there one about John McCoy and the case?� Marks asked impatiently.
�Uh, yeah, there was.� Briscoe couldn�t dodge the question anymore.
�Would you please tell us the substance of that rumor, Detective Briscoe?�
He sighed. �Someone said something about Detective McCoy�s involvement in the Lewis case.�
�His involvement?� Marks asked.
Lennie looked away. �They said he killed Lewis.�
�Thank you, Nothing further,� Marks said.
Abbie sat frozen in her seat. �The people have no questions for this witness.�
Marks stood up. �The defense would like to call one witness who isn�t on our list. We call Dr. Joseph Tashjian to the stand.�
�Any objections, Miss Carmichael?� Sullivan asked.
�No, Your Honor, but could we please recess first so the people can have time to review Dr. Tashjian�s testimony?�
�Granted. We�ll recess until two. Is that all right?�
�Yes, Your Honor, Thank you.�
Nada. Bupkes. Zip, zero, zilch. That�s what Abbie had to go into court with.
�Dr., Tashjian, what was your job back in April of 1968?� Marks asked.
�I was the medical examiner for New York county.� He adjusted his glasses.
�Did you perform the autopsy on Tommy Lewis?�
�Yes, I did.�
She walked to the defense table and grabbed an X-ray. �Was this taken during the autopsy?�
He took the x-ray and studied it for a moment. �Yes, it was.�
�Could you tell us what this mark is?�
�It�s a bullet, A .38, to be exact.�
�A bullet? Did Ray Cardoni have a gun back then?�
�Objection,� Abbie called.
�Sustained.�
�He had a .22, isn�t that right, doctor?� Marks asked.
�Yes, that�s what the police said.�
�Police officers usually carry .38s, isn�t that correct?�
�Your Honor, this is irrelevant!� Abbie cried.
�Miss Marks, I don�t like where you�re going with this,� Sullivan stated sternly.
�Fine. Dr. Tashjian, what was the cause of death for Mr. Lewis?�
�The gunshot to the head was what killed him.�
�A gunshot and not someone smashing a bottle over his head? Are you sure?�
�Yes, I�m certain that it was the cause of death.�
�So since Ray Cardoni had a .22 instead of a .38, there�s no way he could have killed Lewis?�
�No, that could not have happened.�
�Thank you doctor.� Marks walked back over to her table where Ray sat smugly.
�Doctor, have you ever made a mistake in determining the cause of death for a patient?� Abbie slowly rose from her seat.
Tashjian removed his glasses and twirled them for a minute. �Well, yes, but--�
�So it�s possible that the defendant�s actions killed Tommy Lewis?�
�It�s not likely.�
�I didn�t ask if it was likely, I asked if it was possible.�
�No, it�s not impossible,� he sighed.
�Nothing further,� said Abbie.
�The defense rests,� Marks announced.
�I�ll hear closings tomorrow,� called the judge.
�Ray Cardoni should not be on trial today. He shouldn�t have been convicted thirty years ago of a crime he didn�t commit.� Teri Marks paused in front of the jury. �But he is.
�Ray was framed by the police in 1968 for killing Tommy Lewis. The real killer was one of their own whom the department had to protect. Why they chose Mr. Cardoni to take the blame we�ll never know. It could be because he was a racist and would be a likely suspect. It could be because they knew no one would believe he was innocent. Or maybe it was because he was arrested so frequently that the police thought he would be the perfect fall guy for John McCoy.
�This case is merely an extension of his original trial. The police are again trying to frame Ray Cardoni, this time for shooting an assistant district attorney, who had been threatened in the past be numerous others but never Mr. Cardoni.
�Instead of threatening him, Ray asked for help in clearing his name. He never threatened Mr. McCoy. Then the people say that he shot Jack McCoy?
�The people will say that Ray Cardoni shot Jack McCoy. They will say that he should go to jail for it. They were wrong the first time, couldn�t they be wrong now as well?� Marks was finished with her closing and went back to her chair. She smiled at Ray and Jennie, who was sitting in the front row of the gallery.
Abbie marched confidently over to the jury box. �The defense claims that Mr. Cardoni was framed for murder thirty years ago. While this is lamentable, it�s also irrelevant. He was convicted, therefore whether or not he killed Tommy Lewis is not the issue here. The issue is whether or not he shot Jack McCoy.
�He claims that he went to Mr. McCoy to clear his name, yet he never contacted him. Unless he and Jack McCoy got in touch telepathically, he�s lied to you about this.�
She gazed deeply into the eyes of the jurors. �Ray Cardoni shot Jack McCoy. We know this much for a fact. He admitted it on the stand, under oath. If this were really the conspiracy that defense counsel would have us believe, would he really have confessed?
�We have a Constitution, which says that if you shoot a man, you go to jail. Ray Cardoni admitted shooting Jack McCoy. You must uphold the principles of the Constitution and find him guilty.�
After Carmichael returned to her seat, Judge Sullivan gave the jury their instructions and sent them back for deliberations.
�How do you want to handle the Siliciano case?� Abbie asked.
�I can do the cross. If you want to take Parisi, that�s fine, Besides,� Jack looked up at his assistant, �you don�t need to baby me like Lynn does,� he grinned. �So how�s the Cardoni case going?�
�We�re waiting on the jury now.�
The phone rang and McCoy answered. �Thanks,� he said after a long pause.
�What was that?�
He studied her face. �Your jury�s back.�
They shuffled back into the courtroom single file, careful not to look at anyone. After the forewoman entered the jury box, a bailiff took the folded paper from her hand over to the judge. Sullivan scanned it, nodded, and gave it back to the bailiff. �Madam forewoman, has the jury reached a verdict?�
Abbie stared at the jury with rapt attention. Jack sat directly behind her, waiting patiently. His eyes were filled with a mixture of fear and anxiety.
�We have,� the petite blonde announced.
�Will the defendant please rise?�
Teri Marks stood and practically had to pull Ray Cardoni to his feet. Jennie sat a few rows behind them, silently praying.
�On the sole count of the indictment, attempted murder in the second degree, we find the defendant, Ray Cardoni,� she looked him squarely in the eyes, �guilty.�
�The defendant is remanded pending sentencing. Jury is excused with thanks. We�re adjourned.� Sullivan banged her gavel and retreated into chambers.
People began to stream out of the courtroom. Carmichael turned around and smiled at Jack. He didn�t notice it at all. His attention was fixed on the Cardonis.
Jennie stood crying while Ray tried to console her. The bailiff had come over to take him into custody and had succeeded in getting one hand into a handcuff. Ray�s other arm was around his younger sister.
His lawyer gently tapped his shoulder and said something neither prosecutor could hear. Ray nodded and allowed the bailiff to secure the handcuff around his other wrist. Teri Marks took over consoling Jennie as Ray was led out of the room.
�Abbie,� Jack said softly. She turned to face him. �You don�t have to oppose leniency.�
Abbie just turned to watch the scene again.
�So Cardoni won�t get off completely. How long is going to jail for?� Lynn asked.
�Two to five years,� Jack answered, pouring two glasses of scotch.
�And if you hadn�t written that letter asking for leniency, how long?� She took one of the glasses.
�Based on Abbie Carmichael�s brief, he�d be doing the max.� Jack abandoned the scotch and disappeared into his bedroom.
�Jack?� Lynn called. �What are you doing?�
He returned to the kitchen, clutching a gold object. McCoy pulled it closer to study. �When he died, my mom gave it to me.�
�Jack, you don�t have to do this,� Lynn began.
He didn�t hear her. �But now...� The badge flew silently into the full blue plastic trash can. �I�ll take out the garbage later Lynn,� he assured her, before taking a long drink of scotch.
So what'd you think?