The retrial was set for Two weeks later, by which time Sullivan would be out of Hospital and back home under suspension. There would be no need to arrest Sullivan, yet, as he wasn't going anywhere soon. During the two weeks several things happened.
The next day things had really heated up. While Dignum was out checking the Court evidence, the FBI, alarmed by escalating press allegations, attempted to raid the SIU in order to get any evidence of FBI corruption. They, clumsily, intended to take everything in Queenan's and even Dignum's offices. Fortunately Ellerby was having none of it and had the satisfaction of having the FBI creeps frog-marched out of the SIU. After this Ellerby rang his superiors for assistance. After getting over this attempted FBI outrage, Dignum realised that his own office was not such a good place to hide evidence.
The FBI then replied with a higher level authorisation that Ellerby had to comply with. Dignum, who in a fit of paranoia had hidden the evidence in a safe deposit box, then requested that all relevant documents and film dealing with FBI corruption and Billy, be released to the Court. The FBI ignored the request. Dignum informed Ellerby, who now reassumed the guise of a pit bull terrier. But appeals to higher authority proved fruitless.
"The evidence is being held back through interference from somewhere on high" snarled Ellerby to Dignum. "One wonders who and why" replied Dignum rhetorically. There were too many possibilities, high level and political corruption included. Dignum then thought that he had better own up to Ellerby about the substitute copies. It would prevent Ellerby getting any nasty surprises at the trial, and Ellerby could honestly deny attempting to hide the evidence from the FBI. One way or another, the FBI were going to get really burned.
Only then did Dignum break the news to Ellerby that the CD seemed genuine; he recognised both Sulivan's and Costello's voices. Ellerby was stunned. After Ellerby had composed himself, Dignum told him about the payments. If verified by a full bank account investigation, except for the past year, over the previous 10 years both Sullivan and Barrigan had been receiving irregular small payments from Costello, as had several low ranking cops and others who had failed police training. Over the past year the payments to Sullivan had been far larger. Ellerby ordered Barrigan to be arrested as Sullivan's accomplice and the others suspended pending investigation but Dignum countered this. The evidence was based on a photocopy, and anyway Dignum had put Barrigan under surveillance and the other bent cops under preliminary financial investigation. Dignum intended to get Billy to do the really hard leg work on this.
In the meantime Billy had constant trouble sleeping without his med's. Billy could not afford bail so that he could get to his med.'s, and anyway, he felt that it might be safer in jail. That was actually true since Dignum had whispered into the ear of the warden in charge that Billy was working for him and that certain criminal persons in the FBI and SIU would be interested in Billy's silence. The police doctor had refused to give him anything effective, so Billy told him about the repeat prescription from Maddy. A day later Maddy was allowed to pay Billy a visit. The upshot of this was that Billy got his med.'s, and gave Maddy, who needed a place to stay, his spare house keys so that she could move in and get the place ready for Billy Costigan III. Nice.
At the first trial Billy had represented himself, as he knew from teenage "experience" how such trials worked. But now Billy could be out of his depth, yet he could not afford a real lawyer. Billy finally opted for hiring a trainee lawyer from a reputable firm, a trainee who had done well in college. Billy hoped that this might get him a sympathetic attitude from the Judge and Jury.
There was little more than a week to prepare for the trial and Billy had no intention of revealing the location of his stash. The lawyer was able to take the backup copies of Costello's payments and the backup CD hidden inside Billy's jacket lining. Then the lawyer tramped round the SIU trying to learn who could clearly recognise Sullivan's and Costello's voices, and if Costello's payments could be to cops. The cops were not particularly helpful, generally being unwilling to snitch on fellow officers given the flimsy nature of the evidence; only a full forensic banking search would be able to confirm that the payments were to cops, otherwise it was little more than slander. After spending time trying to look through the current register of SIU officers, the lawyer decided to complain to Captain Ellerby about police indifference or obstruction. With mock annoyance Ellerby evaded the issue by saying that an investigation would require time, and referred the lawyer to Dignum. Dignum, while wishing to appear distant from the investigation, confirmed that he considered that it was Costello's voice on the CD. Dignum also said that he was investigating Barrigan and the other cops; that was all he was able to say at present, which happened to be almost true. At least now the lawyer had some names to give out to the Court and demand that the police investigate. The night before the trial, Dignum contacted the lawyer and gave him certain confidential assurances of support along with "suggestions" of what to do when it came to sentencing deals.
As before, Billy's court defence would be based on extenuating circumstances and the presumed need for the authorities to make a deal to get the document stash. The only difference would be the strong media spotlight on the proceedings and that both Sullivan ( in a wheelchair ) and Dignum would be summoned to testify if necessary. Even if Billy went to prison, he would make sure that Sullivan went as well. Billy didn't know it, but Dignum intended Barrigan to be present as well; it would not just be Sullivan who would be in the dock.