Confession Chapter 33
"Ms. Brockman, are you ready to present your evidence?" Judge Felicia Sloan asks.
"Yes, Your Honor."
"Then you may proceed."
"Your Honor, the alleged victim of the defendant's alleged stalking is a public figure who invites publicity. I submit ninety articles written in the last year by authors other than the defendant, revealing various details of Mr. Rafferty's business and private affairs. I also submit 100 photographs taken by other reporters at a closer range than those of the defendant. Mr. Rafferty offered no objection to any of them. I submit the three short articles written by Mr. Wheeler and the data and photographic evidence supporting them. As you will see, Mr. Wheeler was never close enough to Mr. Rafferty to cause him any physical or mental distress, or for that matter to be seen at all without a high-powered lens or some other device. At no time did Mr. Wheeler pose or issue any threat to Mr. Rafferty. Other than Mr. Rafferty's complaint, the People have submitted no evidence that he did. As to the criminal trespass, the photographs and accompanying supporting GPS documentation show that the defendant was never actually on the property in question. His photographs were taken from a hunting shack constructed on public land and unrestricted from occupation by Mr. Wheeler or anyone else. Mr. Wheeler committed no crimes. The charges should be dropped and Mr. Wheeler released immediately."
Judge Sloan turns to a gray-haired man at the prosecution table. "Mr. Lutty, I admit that I was surprised to see you here this morning and that you were the one to bring the charges against Mr. Wheeler. Cases like this are usually handled by more junior members of the District Attorney's staff. As matters stand at this point in these proceedings, Ms. Brockman is correct. The People have offered nothing but Mr. Rafferty's complaint as opposed to the defense's considerable evidence refuting it. Have you any more evidence to support the people's case?"
Lutty can feel moisture forming on his upper lip. "Not as this time, Your Honor. Mr. Wheeler's previous counsel didn't offer any evidence opposing our case and Ms. Brockman's entry as new counsel took us by surprise."
"Did Ms. Brockman share the evidence presented here as discovery?" Sloan inquires.
"I believe she did, Your Honor. But I've been busy with other matters and had no opportunity to examine it."
"That's what staff is for, Mr. Lutty," Judge Sloan points out. "And I believe you have a great deal more of it than Ms. Sloan does. I'm dismissing this case with prejudice. In the future, I would advise you to avoid wasting the court's time. My docket is full enough without frivolous prosecution. And I assure you that attempting to bring a case as poorly prepared as this one, will be treated as such." Sloan bangs her gavel. "Next case."
As Lutty hurries from the courtroom, Tim Wheeler stares at Sarah Brockman in disbelief. "You mean that's it? I can go?"
"There will be some paperwork to process you out," Sarah explains. "You'll be able to get rid of your ankle bracelet. But that shouldn't take long. And dismissed with prejudice means that charges can't be refiled. But you might want to file suit against Rafferty for defaming you. My mentor, Jim Beckett, excels at that type of civil proceeding. And Rafferty might be prosecutable for filing a false report or making false statements to a police officer if the D.A. comes to the conclusion that he lied."
"You mean Rafferty could end up in jail?" Tim asks.
"Technically, perhaps. If he's convicted, he'll probably get something more like a fine. But the charge could be used as leverage to force him to testify about whatever is going on in the mansion in the woods. Still, whether that happens or not, you deserve to recover something from Rafferty for putting you through this mess. I can give Jim a call for you if you like. Or you can go through Mr. Castle. Apparently, those two have a common interest."
"I should talk to Mr. Castle. Without him, I wouldn't have you to represent me and I could have ended up in prison."
Sarah smiles. "I suspect Mr. Castle will be delighted to hear from you."
"Beckett, Maddox is still in the city," Esposito announces. "He wasn't on any flight out. And we got a hit on his credit card. He's registered at The Monitor. It's extended stay corporate housing. I already have units on the way there."
Kate springs from her chair. "Let's go get him."
At his suite's corporate-sized desk at The Monitor, Cole Maddox studies his notes on the movements of his next assignment. He has a passing acquaintance with the man. Their pre-scripted arguments over Cole's supposed poor performance in the workplace provided a ready excuse for Maddox's departure from YY & F after carrying out his assignment.
Of course, Roger Tooman has no idea that he's next on the list. He considers himself one of the boss' loyal and effective tools. He's a tool all right. He treats most of the employees at YY & F like sh*t. Tooman reminds Maddox of the drill sergeants in boot camp, except that the drill sergeants had at least been through the mill themselves and had to stay as fit or fitter than the recruits they supervised. Tooman isn't fit for much of anything. His stomach hangs over his belt, evidence of overindulgence and lack of discipline. He doesn't even pull in any business of his own. He just screams at the men working slavishly to do so. He's only kept his job by doing a little work for the boss, but that will be coming to an end. New York operations are attracting a bit too much heat. And it will be up to Maddox to eliminate loose ends before the boss closes them down. Prince was one. Tooman is another.
The problem with taking Tooman out is he's rarely alone. When he's not screaming at the calling staff at YY & F, he's in his office watching porn on his iPad. The only time Maddox will get a clear shot at him is when he departs late on Saturday afternoon after his little chores for the boss. He'll be going to his BMW alone, in the valet lot down the street where he pays the attendant to keep an eye on it. However, the attendant is a college student who uses most of his time on the job to study. On Saturdays, when the lot is almost empty, he gives the cars an occasional cursory glance at most. And he won't be watching the surroundings at all.
Not that it would matter if the attendant is vigilant. Maddox has a great nest picked out. He can get a clean shot at Tooman approaching the lot and be long gone before the cops are even close.
Esposito points at the door of Maddox's suite. "According to the clerk and the security guard, he's in there."
"And Ryan's watching the fire escape?" Kate asks.
Esposito nods. "He's in place along with ESU. Lieutenant Morrison gave us the green light to breach."
"And we have marked units keeping the area clear," Kate adds. "All right, let's go!"
Hearing the mini battering ram hit his door, Maddox reaches for the rifle he has propped against the side of his desk, before thinking better of it. He's outgunned. He may work for the boss, but he's not about to die for him."