Chapter 5

"…substantial reduction in sentence ...Man. One …give up your boss …eight to fifteen years …won't oppose parole …"

Jack Bristow sat with his lawyer at his side, his face carefully impassive as he appraised the man opposite. The fact that they shared the same first name had caused him a moment of genuine amusement.

He'd introduced himself as Executive Assistant District Attorney Jack McCoy so it seemed likely he'd drawn the senior of the two prosecutors. McCoy was carelessly dressed, wore his hair longer than currently fashionable and it was somewhat untidy, so he was not concerned with appearances. His age was difficult to judge but at a guess he was a few years younger than himself, perhaps late forties or early fifties. Wilson had told him that McCoy was an experienced homicide prosecutor with a reputation for making difficult cases, so he was clearly very good at his job.

Although McCoy's face gave nothing away and his voice was even, Jack sensed a wave of dislike so strong it seemed almost personal emanating towards him and wondered if this was the reason he was so successful as a prosecutor. He was clearly a passionate man and people in the grip of passion were ruthless, willing to do whatever was necessary to achieve their objective. This man had the potential to be a dangerous adversary he decided.

"Mr McCoy," he interrupted, "I have no doubt that the kind of person you normally try this rather childish carrot and stick approach with are very impressed by it but, unfortunately for you, I am not. So far I've heard nothing to persuade me you're in a position to successfully carry out your threat to imprison me for life."

McCoy looked confident as he replied, "Oh, we have the evidence, as you will find out if you let this go to trial. And are you sure that Mr Sloane will take the same view? This offer is available to only one of you. Do you want to be the one to grow old and die in Attica, while he's out there enjoying his freedom?"

Although he had only called McCoy's interrogation childish to see if he could elicit a reaction, it was certainly basic. The first technique taught to CIA recruits. The reference to Sloane, however, was a cause for concern. He knew that Arvin would be no more intimidated than he was, but there was the possibility that he might consider his agenda best served by co-operating. The problem at the bottom of the Prisoners Dilemma was one of trust. Could he trust Sloane? Despite the remnants of their former friendship and their current alliance against Elena he couldn't be sure. Arvin knows he won't benefit in the long term by betraying the CIA under these circumstances he told himself and his affection for Nadia seems genuine. He won't make any deal that would leave her unprotected from Elena. He must continue on the basis that Sloane would play out the game to provide a win-win scenario for them both.

"If it gets to court." he corrected McCoy, "Mr Wilson here tells me that you have a very questionable jurisdictional issue to overcome first. Why are you proceeding with such a difficult case? I'm sure there's enough crime and violence being committed here in Manhattan to keep you occupied."

McCoy's eyes lit up and Jack realised he'd been right about the man being motivated by passion.

"Because this is a country run according to laws and you broke them. If those acting on behalf of the government are allowed to get away with breaking the law, it undermines the very basis on which this nation was founded, destroys peoples trust in those laws and allows others to justify their crimes against us."

Jack gave him a cynical smile. "What people don't know doesn't hurt them," he replied, "and sometimes extraordinary measures have to be taken to protect this nation from its enemies and ensure the safety of its citizens. If there was a time bomb hidden in Manhattan large enough to kill and injure thousands of people and you had a man in custody who knew its location, wouldn't you feel that any means used to get him to tell you its location were justified, including torture?"

McCoy showed his disgust openly for the first time. "James Selzer was an idealistic kid, not a terrorist with a time bomb. You tortured him to get information on the locations of people who were already beaten and on the run. There was no justification for what you did and I will make you pay for your crime for the rest of your life unless you give me someone else higher up."

Jack realised that he had learnt as much as he was going to. He looked at the clock on the wall, his watch having been taken off him in the strip room with the rest of his normal prison clothing. "The commissary will be closing shortly and I've almost run out of the deodorant and shampoo I was issued when I arrived. If I don't go now, I'll have to wait another two days for an opportunity to buy more. I see no point in continuing this conversation."

The two men locked eyes for a long moment. It was McCoy who looked away first but Jack didn't make the mistake of thinking it was in defeat. He got up saying, "Mr Bristow, you've just made one of the biggest mistakes of your life." Then left the room.

"What was all that about Jack?" Thirly Wilson asked his client. "I thought I was back in Philosophy 101 at times there."

"Obtaining a preliminary personality profile on our opponent." he replied. "Thirly, get the CIA to put together a file on Mr McCoy. I need to know as much about him as I can."

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Serena Southerlyn leaned against the desk outside the Rikers Island maximum security facility attorney visit area, waiting for Jack McCoy to finish his interview with Bristow. She hoped it was more productive than hers had been with Sloane. Eventually he emerged from one of the interview rooms and was buzzed through the gate. The expression on his face told her his interview had been frustrating and as fruitless as her own. They both stood and watched, as Bristow and Sloane were escorted out of the interview rooms, noticing as they did so the quick look each man gave the other as they shared some silent communication before they were led away to be strip searched and taken back to their cell block deeper within the prison. Then they turned to sign out in the logbook.

"Oh, you were here to interview the 'Langley Mafia', counsellors." the guard behind the desk observed.

McCoy turned and raised his eyebrows at the CO questioningly.

"That's what I call them," he explained, "I was on duty in Intake when they were processed in and strip searched them. You won't believe the scars I found on their bodies. If those guys dished it out like you say they did, they can sure take it as well. Gun shots, knife wounds, burns and others I can't even begin to identify. Some of them were recent too. Let me tell you, I've been in this job for over twenty years and they may look like bankers, but I've seen guys come through here belonging to some of the toughest gangs in this city and none of them showed anywhere near the amount of punishment they've been through."

"You sound like you admire them." Serena observed.

The guard shrugged, "You gotta respect people who lay it on the line and do what it takes to protect our country from its enemies, especially when they shed their blood for it."

"And what about when it comes to shedding the blood of innocent people'?" McCoy asked, with barely repressed anger in his voice.

"Hey, I do my job. They don't get any special favours from me. I'm just saying that even if they broke the law, they're not really criminals."

"You've got them in segregation or on suicide watch?" Serena asked.

"Naw. They're in general population. They were seen by the nurse during processing. He said they weren't suicidal and we don't have enough space to segregate anyone unless it's really necessary."

"They don't exactly fit the profile of the average jail inmate. Aren't they in danger from the other prisoners?"

The guard chuckled, "A couple of days after they arrived there was an altercation in the showers. By the time the CO's got there, Bristow and Sloane were the only ones left standing. They were surrounded by five gang bangers from the Latin Kings in various stages of unconsciousness. One of them had to be taken to the Infirmary and did an overnight there. Since then the word's got out and the other inmates leave them alone."

McCoy looked outraged, "They weren't disciplined?" he asked.

The other man shrugged, "The Latin Kings all said they slipped. We couldn't prove different."

The exit door buzzed open and McCoy and Serena walked out into the fresh air. McCoy was quietly seething as Serena said, "He's probably not alone in thinking they're not really criminals Jack."

"You got nothing out of Sloane?" When she shook her head, he went on, "Then we need to start changing people's minds. Withdraw our objection to the early motions hearing and begin preparing for it. The jury pool is out there. We should influence it."

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The door opened on its chain and an anxious face peered out at them. Once Green and Briscoe were recognised, the door closed while the chain was removed, then opened wide to let them in.

"Excusa." the haggard woman said, "We are taking precautions. Eduardo is worried about what will happen if they find out he is a witness in this case."

"The two men who murdered your friend are in jail. They can't harm you or your husband." Briscoe said gently.

Eduardo Alvarez, a delicate looking man with thinning grey hair, rose to greet them, "And what about when you have to tell them my name?" he demanded, "You have to do that, yes? Even if those men cannot harm my family or me; there is still Rodriguez or the CIA may send someone."

"We discussed this before Mr Alvarez." Ed Green responded. "The DA has to give them your name and a copy of your statement. That's called Discovery. Under our law, he also has to tell the defence lawyers about how you threatened that guy with a knife because that could impeach your testimony. That is, make you out to be a bad guy whose word can't be trusted." he explained in response to Alvarez's confused look. "But the DA will prepare you to give your evidence before the trial so you'll be ready for their questions and we'll put you and Mrs Alvarez in a safe house under 24-hour protection before we pass on your details to the defence. We'll make sure you'll both be safe."

Alvarez relaxed, "I want to see the animals who murdered Jaime punished, but please make sure Benita is safe. That is all I ask."

"You'll both be protected. You have our word, sir." Lennie Briscoe replied, "Now, it'll help if we can get hold of Rodriguez. Is there anything you haven't told us? Maybe something that only came to you after we spoke the last time?"

"I told you everything. I was walking down the street and there he was, walking towards me like he didn't have a care in the world. He still had the same arrogant strut he used to have when he was treating us prisoners worse than dogs. I recognised him immediately but he went right past me without a second glance, like all the times he dragged me out of my cell and attached electrodes to my body hadn't happened!"

"OK. Now, did he look like he knew where he was going, or did he look like a stranger to the city?" Green asked.

Alvarez gave a broad shrug, "I don't know. But I think he must know Manhattan quite well. He was carrying a dry cleaning bag and people put their laundry into local shops, yes?"

"Yes." confirmed Briscoe, "Do you remember the name on the bag?"

"Summit Dry Cleaners. I know the shop. It is a few blocks away from where I saw him."

"You've been a big help. Thanks. We'll be in touch. You've got the precinct number. If you think of anything else or have concerns for your safety, call us straight away."

As they left the apartment, Green turned to Briscoe, "Dry Cleaners usually keep a record of customers' names and addresses."

Briscoe nodded his agreement, "Uh Huh. With any luck we'll be making the acquaintance of Mr Rodriguez very soon."

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".. Yeah, Rodriguez. No first name but he's probably connected to my father and Sloane through Chile somehow." Sydney said down the phone.

Marshall's voice was doubtful as it came across the wire, "OK Syd. I'll do what I can, but it's a long shot. Rodriguez is a very common Spanish name. Maybe if I used the CIA computer and cross referenced his name with those of your Dad and Mr Sloane? The problem is that like, 1973. That's practically BC …'Before Computers.'" he explained, "They were still using mainframes then and a lot of stuff was either lost or never transferred over."

"Just try your best." Sydney's voice was tired, "I know if anyone can find this guy, it's you."

"OK. I'm running the search parameters now. Err... how are you and Nadia bearing up?" Marshall asked shyly.

"We're fine. We're not the ones in jail, facing a murder charge." she replied, somewhat sharper than she meant. Then, "Sorry Marshall, we're both worried about our fathers. I'm glad Vaughn and Weiss visited. It's just too bad they couldn't have stayed longer."

"Yippee!" Marshall's voice was triumphant, "I've got a hit. Diego Rodriguez. He's recorded as a local asset of Mr Bristow and Mr Sloane during the 1970's. He was a member of the Secret Police, the DINA. Oh, he seems to have done well for himself. He was a Corporal at the time of the coup and ended up a Colonel. We helped him enter this country a few years ago, after the Chilean courts charged Pinochet with human rights abuses. That's why there's a record. I got an address, Apartment 4, 101, East 10th Street."

"Thanks Marshall!" Sydney said, relieved.

"Err, Syd, be careful. I'm reading some stuff about this guy and, well …he's not the sort you want to meet in a dark alley. Know what I'm saying?"

"We'll be careful." she promised as she put the phone down.

Nadia came over and put her hand on Sydney's shoulder. "What that policeman said earlier, about wanting justice for the murder of a loved one? I'm sorry. This must be hard for you."

Sydney smiled at her. "My father didn't do this, or, if he did, Selzer must have been an enemy of the United States and deserved it. That must go for your father too, this time, because they were partners. Now, let's go see Colonel Rodriguez."

TBC

Glossary

Attica – Name of maximum security prison in New York State.
Discovery – A process lawyers use to discover information about the other sides' case.
Impeach – Discrediting a witness by showing they are not telling the truth.