The Case of the Set Up Cop
Chapter 11
11.1
Andy Anderson sat in his office looking out the window. Angry at the loss of his men, he had only become more determined to help Perry and Tragg find out what was going on. Who had been following them and thrown that torch into the market? If it had not been for Perry's quick thinking, getting Della out that window, all three of them would not be alive to do anything. Whoever framed Lt. Tragg did a hell of a job and it would take all of their deductive skills to find out.
Someone did not want them looking into what was going on at those markets and Andy had no doubt that it was Victor Luciana. If the mobster thought all of these attacks were going to get Perry and Paul to back off, he had another thing coming. Those two did not back off for anyone. If they would not back off for the thugs in Washington D.C. they were not going to back off because of a bunch of mobsters.
Andy knew, and was sure Perry had already figured out they would have to solve the Gibson murder as well. There wasn't any doubt in his mind that the two murders were related; he knew Perry didn't doubt it either. What worried him was that every time they tried to investigate anything, someone was there, trying to kill them. Sooner or later their luck was going to run out and one of them was going to get killed. Anderson scolded himself for his attitude. It was up to him and the police to be sure that it did not happen.
Anderson had quietly put out the word that those loyal to Lt. Tragg, which was almost the entire police force, keep their eyes and ears open for anything that would aid Perry in his defense of the lieutenant. This was one time Mason could work with and trust the police to help. Of course, there is always an exception to every rule. Sgt. Holcomb had such an extreme hatred for Perry Mason that he would do everything he could to beat Mason, thereby securing a conviction of murder against Tragg. Andy held on to the hope that Holcomb's hatred of Mason would not cloud his judgment; that he would actually come through and help them when all the facts were brought out. Holcomb did seem to care about justice. Right now he was convinced that Tragg had indeed murdered Angelo Devino and he wanted to beat Mason. How would he react when they presented evidence of who the real killer was? Would he ignore it and continue to try to convict Tragg out of his hatred... or would he, despite that hatred uphold justice and help them?
Whatever the case was, Anderson was sure that the deputy district attorney would listen if the evidence proved Tragg innocent. He had been beaten by Mason on occasion but he certainly did not hate Perry. He actually admired the legal eagle for his cunningness and his ability to deduce clues and find the real killer to free his client.
There was a knock on the door causing Anderson to interrupt his thoughts and look up. When he saw through the glass pane that it was Hamilton Burger, Andy waved him in.
Burger opened the door and entered the office, taking a chair opposite Anderson at his desk. After he settled into the chair, Hamilton said, "I heard what happened. I am certainly glad that you were able to get out of that burning market alive."
"You can thank Perry and Della for that. It was Perry who spotted our only chance for escape and Della who made that escape possible," Anderson told him.
"So I heard. That Della is quite the gal. I liked her from the beginning when Perry hired her. Even when I had to put her on the stand, I knew she would protect Mason as much as she could and she was never easy to break either. I sometimes doubt that Perry himself could break her down on the stand." He chuckled at the thought.
Anderson smiled. "Who do you think taught her how to handle herself when testifying for the prosecution? Mason makes sure that anytime she is called upon to testify, you get next to nothing out of her."
Burger smiled again but quickly turned serious. "Were you and Perry able to find anything out before the fire destroyed the place?"
Anderson shook his head. "We had just entered the market when someone threw a lighted torch into the place. Since it was already covered with kerosene, it lit up like a Christmas tree. Believe me the only thing we could do was find a way to get out of there." Anderson had a faraway look in his eyes.
"I am sorry about your men, Andy," Burger said quietly.
Anderson nodded in acknowledgement. "Whoever did it is going to pay. You can count on it."
Hamilton looked at his friend with concern. "Be careful, my friend, you do not want to fall into the same trap that Arthur did. Don't get emotionally involved."
Taking in the remark, Anderson realized that he could well understand how Tragg got himself into the mess but he was determined that he would remain objective and still be able to help Perry and Paul find out who set the whole thing up and prove it. "Don't worry. I have Perry and Paul to keep me grounded."
"That is good to hear. I don't want to see Perry defending both of you. Now, tell me, can you get those officers in the department to help collect information for Perry?"
"It is already in the works. I put it out among the men. A large number of them said they would try to help. I think the most important thing is to find Bernie Pipper and Jamien Tyler. Perry thinks they know a lot more than they have been telling us... well at least Tyler does. Perry is sure of it."
"But the problem is finding them so that we can discover what they know."
Andy sighed. "Yes, that is the problem. The trial starts today and I am afraid we know little more than we did when this whole mess started."
"Perry will figure it out. He always does," Hamilton said hopefully.
"I hope so, Hamilton. I hope so," Andy said.
11.2
The alarm went off beside Perry's bed but the clock did not wake him. Mason had been awake for over two hours. He could not get this current case off his mind. Why had Jamien Tyler taken off? He had hired Paul to find enough evidence to get Luciana off his back. He had to have known it would cause consequences ruffling Luciana's feathers. Why would he leave without telling anyone, especially Paul who had been risking his life to protect him and his market? There had to be a reason... one they probably would not know until they located and questioned Jamien Tyler; that is if he was still alive.
Once Perry had silenced the alarm, he decided to allow Della the extra few minutes that she usually did him by getting up and using the bathroom ahead of him. Mason slipped out of the bed and hobbled over to the bathroom. His knee was throbbing with pain from just the little bit of walking that he had done on it. He reached in the shower and turned on the water. After checking the temperature, he slipped into the shower stall. Leaning both hands on the wall in front of him, he allowed the warm water to flow into his face. He was careful not to pressure his injured knee with too much of his weight.
He could not stop thinking he was missing something. He just did not have enough information to make an intelligent deduction. At every turn, each one of them was being attacked. So far Luciana, if he was indeed the one behind this, was seeing to it that possible witnesses for the defense were either disappearing or being murdered. Did Luciana order the murders of Sgt. Jack Gibson, Angelo Devino and Lucas Chino? Or was there more to this case than the mobster?
Perry knew he could not be blinded by the fact that Victor Luciana was not only capable of murder but had done so in the past even though the police had not been able to prove it. He had a motive certainly. He would not have wanted Sgt. Gibson looking into his muscling in on the markets. According to Lucas Chino, Devino had been murdered because he knew too much. He was one of Luciana's loose ends.
It pointed toward Luciana. If he ordered the killing of Angelo Devino, then there was a good chance he also had Lucas Chino killed. He was another loose end.
Perry picked up the bar of soap and began washing his body. He smelled the soap. Della always chose the soap he used. She loved the smell of this soap. She always told him a man should smell like a man, not like flowers or perfume aromas. This brand of soap certainly did not fall in either of those categories. He completed his shower, got out and dried off. After shaving, he limped back into the bedroom and smiled as Della was still sleeping. He slowly moved over to the bed, keeping as much weight off his right knee as he could; sat down placing one hand on the bed over Della. He leaned down and kissed her temple. "Della, it is time to get up."
She stirred and opened her eyes. When she saw Perry leaning over her, a smile broke across her face. "Good morning, counselor."
Perry pulled the covers back as Della slipped out of the bed. He grabbed her robe and wrapped it around her. Taking her by the shoulders, he turned her around and pointed her towards the bathroom, giving her a slight push. Della looked back at him with a smile and then continued into the bathroom.
Mason hobbled over to the closet which contained Della's clothes, selected an outfit and placed it on the foot of the bed. He then reached into the dresser and removed her under garments and placed them with the outfit that he had selected for her. Perry went back to the closet and selected a pair of shoes to match her clothes. Lastly, he set out jewelry he considered conservative enough for the office. Once he had Della taken care of, Mason went back to the closet to select a suit to wear. Within minutes he was completely dressed. Perry then left the bedroom and headed to the kitchen to cook breakfast.
Della came out of the bathroom thirty minutes later and smiled as she saw her clothes set out for her on the foot of the bed. Della was normally up before Perry and always set out his clothes for him. Now, he had been the one to set out her clothes. She got dressed and walked to the kitchen. Perry stood in front of the stove, leaning on his left leg, obviously trying to protect his right knee, cooking bacon and eggs.
Della came up behind him and put her arms around her waist. "I appreciate you taking care of me, Perry, but I want you to sit down and let me finish getting breakfast."
He turned around and took Della into his arms. She could feel the tension in his arms. Pushing back from him, she looked into his eyes for a clue of what was bothering him. "What is it, Perry?"
"What do you mean?"
"Are you forgetting? I know you. What is bothering you?" She took his face in her hands, forcing him to look directly at her.
"This case is bothering me. It seems so obvious that Luciana is behind these murders. He has a good motive." He stopped and became silent.
"But you don't think he ordered the killings? Is that it?"
"I don't know, Della. Everything points at him."
"Then what is the problem?"
"Luciana had not avoided prison or indictment by being careless. Killing these people is not his style. I don't mean that I think he has never killed anyone but he avoids doing it. He seems to only kill as a last resort."
"Maybe this was the last resort. Arthur had threatened to bring him down. Angelo Devino was weak and from what Paul and Arthur said so was Lucas Chino. That adds up to a last resort to me."
Perry was silent for a moment before he said, "I guess so."
Della let go of him. "Sit down and get off that knee. I will finish breakfast."
Mason did as he was told. His mind was already on the courtroom proceedings to come.
11.3
With Della supporting his weight on his right side, Perry began climbing the stairs to the Los Angeles County Courthouse. The usual reporters were following them, shouting questions as they went. Perry just smiled and said, "No comment". He leaned heavily on Della as they navigated the stairs. Once inside they stopped as Perry was grunting in pain. "When we are done for the day, Perry, we are going to the nearest medical supplier to get you another pair of crutches."
"I don't want another pair of crutches. I need to be able to maneuver without them. I will be alright."
Della shook her head and continued their progress into the courtroom. The bailiff had already escorted Arthur Tragg to the defense table. Prosecutor Gary Trenton was already in place behind the prosecutor's table. He nodded to Perry as he took his place beside Arthur Tragg. Della took the seat next to Tragg.
"I would rather be out with Drake than cooped up in here," Tragg said to Perry as he shook his hand.
"Relax. Paul will continue the investigation. We can help after court. Right now I want you to concentrate on looking innocent and confident... but not cocky."
"The last thing I feel is cocky," Tragg said.
"All rise!" the bailiff called out. "The Honorable Judge Peter Borden presiding." Everyone in the room stood up as the Superior Court judge entered from his chambers. He took his seat on the bench.
"Is the prosecution ready?"
"Ready for the prosecution," Trenton called out.
"Mr. Mason?"
"Ready for the Defense, Your Honor," Perry replied as he hobbled to his feet.
Judge Borden watched Mason struggling to his feet and said, "Mr. Mason, it is my understanding that you have recently gone through knee surgery. The court would be agreeable if you chose to remain seated. We will also provide someone to help you if you so choose."
"Thank you, Your Honor, but I do have Miss Street. She will be able to help me where necessary and I prefer to get up and move around."
The judge nodded at him and said, "Suit yourself, Mr. Mason." Turning to Gary Trenton, he asked, "Would you like to make an opening statement, Mr. Trenton?"
"Yes, Your Honor," he answered.
"Go ahead then," the judge ordered.
"The prosecution intends to provide this court with evidence, motive and opportunity that Lt. Arthur Tragg did plot and carry out the murder of Angelo Devino. We will not pretend that Mr. Devino was a model citizen. In fact, he was the opposite; he associated himself with noted mafia figures as a muscle man, bulling and threatening business owners into giving half of their earnings to the mafia. Despite the despicable character he was, it did not give the defendant, Arthur Tragg the right to take his life.
"We will prove that Lt. Tragg did indeed threaten to kill Angelo Devino, believing that Mr. Devino had information on another murder, that of Sgt. Jack Gibson, a close personal friend of the defendant. Then later he lured the deceased into a local pool hall and in cold blood carried out his threat to kill Angelo Devino. When we do, we will ask the court to bind Arthur Tragg over for trial for the murder in the first degree of Angelo Devino." Trenton returned to his seat and sat down.
Judge Borden then addressed Perry Mason. "Would you like to make an opening statement Mr. Mason?"
Perry struggled to his feet again and said, "We will hold our opening statement when we present the defense's case."
"Very well, Mr. Mason. Mr. Trenton, call your first witness."
Deputy Prosecutor Trenton stood up and called out. "The people call medical examiner Gregory Scott to the stand."
Scott was sworn in and took his place on the witness stand. Trenton walked over to him. "Dr. Scott, you work in the medical examiner's office, is that correct?"
"Yes, sir, it is, "Scott answered.
"Did you have the opportunity to examine the body of Angelo Devino?"
"I did. In fact I did the autopsy on Mr. Devino."
"And what were your findings?"
"He died of a gunshot to the chest, thereby stopping his heart."
Trenton walked over to the evidence table and picked up a bullet. After returning to the witness stand, he asked, "Is this the bullet you removed from the chest of Angelo Devino?" He handed it to Dr. Scott.
Scott rolled the bullet in his fingers. "Yes, it has the mark I placed on it."
"Now, Doctor, at what time did death occur?"
"Between eight-thirty and nine o'clock."
"Based on what?" Trenton asked.
"The temperature of the body, time of discovery and the fact that rigor mortis had not had time to set in."
"In other words the body was discovered almost immediately after death. Is that correct?"
"Yes. I would say so."
"Thank you, Doctor." He turned to Perry Mason. "Your witness."
Perry Mason stood up and approached the witness. He was silent for a moment which seemed to unnerve the doctor. Finally, he looked up and said, "Doctor, you stated that Mr. Devino died of a bullet wound to the chest stopping his heart, is that correct?"
"Yes, that is what I said."
"Did the bullet lodge in the heart?"
Flustered for a second, Dr. Scott looked at Perry Mason. He knew the man's reputation for confusing witnesses on the stand. He had been on the receiving end of such interrogation. He was determined not to allow Mason to confuse him. "No, it did not but..."
Mason interrupted him before he could say another word. "It is possible then that he might have remained alive for a few minutes, is it not?"
Dr. Scott shook his head. "It is not likely."
"But possible?"
"Well... I suppose... so."
"Isn't it also possible that he may have died from loss of blood rather than his heart stopping?"
"His heart had to have stopped or he would not be dead," the doctor said, sarcastically. Laugher broke out across the courtroom causing the judge to bang his gavel on the bench to restore order.
"But the bullet did not enter the heart. Therefore it is possible he died as a result of blood loss, isn't it?
The doctor was becoming irritated. "What difference does it make? He died as a result of a gunshot wound!"
"It could mean a great deal of difference if someone shot him before the defendant arrived, could it not?" Mason thundered.
Trenton was up on his feet. "Oh, Your Honor, Mason is using his usual tactic of trying to confuse the witness. Dr. Scott has already stated that the victim's heart stopped as a result of a gunshot."
Perry countered, "He has also stated that it is possible that the victim could have died from blood loss."
"I believe counsel is within his rights to inquire exactly, not indirectly, what caused the victim's heart to stop since it would have a bearing on how long the victim lived after the bullet entered his chest. Your objection is overruled. And that is Mr. Mason, counselor."
"My apologies to Mr. Mason," Trenton said as he nodded to Perry.
"Dr. Scott, could the deceased have died from a loss of blood, thereby living a bit longer?"
"Well... yes, it is possible but..."
Perry cut him off. "Thank you, that will be all."
The judge looked over to Gary Trenton. "Anything further, Mr. Trenton?"
Trenton stood up about to say something but decided against it. He did not want Mason doing any more damage than he had already done. "No, Your Honor."
The judge addressed Trenton once again. "Then call your next witness."
"The people call Sgt. Holcomb to the stand."
Sgt. Holcomb walked to the front of the room and took his seat after he was sworn in. He glanced over at Mason with a look of distain mixed with a look of smugness. Mason was not going to get the better of him this time. He intended to see that this conviction stuck. He had nothing against Arthur Tragg. The man simply lost control and killed Angelo Devino.
Tragg was not above the law. He would have to pay for what he did, the same as any other killer. He was not about to let that shyster lawyer get him off. Mason was going to lose this time because his client was guilty.
He sat in the witness stand and watched as Gary Trenton walked toward him.
TBC...
I remind everyone that I have no legal training but cannot envision a Perry Mason story without a courtroom trial. Please accept this as it is intended... entertainment.
kaleen1212
