Wild justice 2000, p.12
Wild Justice (2000), page 12
"I never seen it."
"If you admitted that you informed on Mr. Breach, it would put you at some risk, wouldn't it?"
"I would never do something like that. I don't believe in it."
"Not even to save yourself from serving a fifteen-year sentence in a federal penitentiary?"
"No, sir. Besides, those charges are gonna be dropped."
"But you didn't know that when Officer Vasquez talked to you."
"I suspected they might be," Prochaska answered with a smirk.
"Isn't it true that you did corroborate Officer Vasquez's information but are afraid to admit it for fear that Martin Breach will kill you?"
"Vasquez was lying if he says I told him that stuff."
Scofield smiled. "We have only your word for that against the word of an officer of the law, don't we?"
"Hey, I got proof he lied."
Scofield paled. "What proof?"
"Do you think I'm dumb enough to meet a cop and not protect myself? Bobby and me had our chat in the men's john, where I got surveillance equipment. I taped the whole conversation."
Scofield turned toward Vasquez. The policeman looked sick. Frank leaped to his feet, a cassette in his hand. He had been waiting for this moment.
"I have the tape of the conversation, Your Honor. I think we should play it and resolve this dispute between the witnesses."
"Objection, Your Honor," Scofield said. His voice was shaking.
"On what grounds?" Brody asked angrily.
"Uh, if . . . if there is such a tape, it was recorded surreptitiously. That violates Oregon law."
Brody glared at the district attorney. "Mr. Scofield, your question opened the door for this evidence. And I'll tell you something else: If someone is lying in my courtroom, I want to know about it. I don't care if that tape was made by Iraqi terrorists. We are going to hear it right now. Play the tape, Mr. Jaffe."
Frank placed the cassette in a boom box that he had brought with him from Portland. When he hit the play button, everyone in the court heard a door slam shut and the sound of a brief struggle. Then Bobby Vasquez said, "Long time, Art."
The tape spun along. When Prochaska turned down Vasquez's offer to help him with his federal charges, Judge Brody's eyes narrowed, and he cast a withering glance at Vasquez. Then Prochaska told Vasquez that he did not know Vincent Cardoni and refused to talk about Martin Breach. By the time the tape wound to a halt Judge Brody was furious, Scofield was shell-shocked and Vasquez was staring at his feet. Vincent Cardoni smiled triumphantly.
"I want Officer Vasquez back on the witness stand immediately," Brody ordered Scofield.
"I believe Officer Vasquez should seek counsel before answering any questions about the tape we've just heard," Scofield said, casting a quick, angry look at the detective.
"Quite right, quite right, Mr. Scofield. Thank you for correcting me. Officer Vasquez better get one hell of a lawyer, because his criminal conduct has forced me to suppress every piece of evidence seized at the house in Milton County and every piece of evidence seized from Dr. Cardoni's home in Portland. I grant this motion regretfully, but I have no choice, Mr. Scofield, because your star witness is a damned liar."
Judge Brody glared at Vasquez.
"Nine people have been slaughtered, Detective. Horribly butchered. I make no pronouncement as to the guilt or innocence of Dr. Cardoni. I haven't heard the evidence in this case. I do know that the person who killed those people is probably going to escape his justly deserved punishment because of you. I hope you can live with that."
Frank stood up to speak. "Your Honor, will you reconsider your decision on bail for Dr. Cardoni? In order for bail to be denied in an aggravated murder case it must appear to the court that the state will be able to prove its case at trial by clear and convincing evidence. Now that the court has suppressed all of the state's evidence, it is unlikely that the case will go to trial. I don't even see how Mr. Scofield can appeal your ruling in good faith. I ask that the court release Dr. Cardoni on his own recognizance.
"I am also putting Mr. Scofield on notice that I am moving against his indictment on the grounds that it was obtained through the submission to the grand jury of illegally obtained evidence and police perjury."
Frank handed the original of his motion, which he had prepared in advance of the hearing, to Judge Brody and gave a copy to the district attorney. As soon as Brody finished skimming the new motion his head dropped. When he raised it, his eyes blazed with anger.
"You have tied my hands with your unprofessional conduct, Mr. Scofield. I have no idea how Vasquez took you in. Your preparation for this motion to suppress borders on the criminal. You won your motion to deny bail by promising that you would produce all sorts of evidence against Dr. Cardoni. Now you can't present any of it.
"Your motion to release Dr. Cardoni on his own recognizance is granted, Mr. Jaffe. I will take the motion to dismiss under advisement. Mr. Scofield, you have thirty days to file a notice of appeal from any of my rulings or they will become final. Court is in recess."
Judge Brody fled to his chambers.
"Thank you, Frank," Cardoni told Amanda's father. Then he looked at her. "And thank you, Amanda. I know you think I'm guilty, but Frank's told me how hard you've worked for me, and I appreciate it."
Amanda was surprised at how sincere Cardoni sounded, but it didn't change her opinion. What had just happened frightened her. Frank was a magician in the courtroom, but his latest trick could have horrifying consequences.
Reporters mobbed Frank in the corridor outside the courtroom. Amanda forgot her misgivings as she was caught up in the action. Some of the reporters directed their questions to her, and it dawned on Amanda that she was a celebrity, if only for the length of a sound bite. After the furor died down, father and daughter walked to Stokely's to eat dinner. Frank was uncharacteristically quiet after a victory of this magnitude.
"What happens to Cardoni now?" Amanda asked.
"He'll be processed out of jail, Herb will drive him home and he'll try to put his life back together."
"So it's over?"
"It should be. Art Prochaska's testimony was the legal equivalent of a nuclear weapon. There isn't any evidence left for the State to use."
"How long have you known about Prochaska?"
"He called Friday evening."
"So you knew we'd win all along."
"There's no such thing as a sure thing, but this is as close as I've ever gotten." Frank noticed the look on Amanda's face and added, "I hope you're not upset that I didn't tell you about Art."
"No, that's okay," Amanda answered, but she was upset. They walked in silence for half a block. Then Amanda's thoughts shifted to Cardoni.
"I know I should be excited because we won, but I just . . . I think he killed those people, Dad."
"I don't feel so good about this one myself," Frank admitted.
"If he's guilty, they can't try him, can they?"
"Nope. I did too good a job. Vincent's free and clear."
"What if he does it again?"
Frank put his arm around Amanda's shoulders. His closeness was comforting, but it could not make her forget the videotape or the still pictures of the nine corpses.
"About three years after I started out I second-chaired a terrible case with Phil Lomax. Two young children and their baby-sitter were murdered during a home burglary. The crime was brutal. The defendant was a very bad actor. Totally unrepentant, cruel, with a long history of prior vicious assaults. The DA was certain she had the right man, but the evidence was paper thin. We fought our guts out, and the chances of conviction were about fifty-fifty by the end of the trial.
"After the jury went out, Phil and I went to one bar to wait and the DA and her staff went to another. The jury came back four hours later with a guilty verdict. About a month later I bumped into one of the DA's investigators. He told me that Phil and I had been the subject of discussion while the prosecutor and her assistants were waiting for the verdict. They thought that we were very ethical lawyers who had fought hard but had also fought clean. They respected us as people and they had come to the conclusion that we'd sleep better with a conviction than an acquittal. They were right. I was actually relieved that we had lost, even though I gave one hundred and ten percent for our client."
"Do you feel bad now?"
"Do you hear me bragging about our victory, Amanda? As a professional, I'm proud that I did my job. As an officer of the court, I feel good about exposing perjury by someone who is sworn to protect us and uphold the Constitution. What Vasquez did was inexcusable. But I'm also a human being and I'm worried. So I pray that Vincent Cardoni is an innocent man who has been wrongly accused. If he's guilty, I pray that this experience has frightened him so much that he won't hurt anyone else."
Frank gave Amanda's hand a squeeze.
"This is not an easy business, Amanda. It's not easy at all."
23
Martin Breach was hunkered down over a slab of ribs when Art Prochaska walked into the restaurant. He motioned Prochaska into a chair with a hand stained with barbecue sauce.
"You want a plate?" Breach asked. His mouth was stuffed with meat, and the question was barely intelligible.
"Yeah."
Breach waved. A waiter appeared immediately.
"The deluxe combo and another pitcher of beer," Breach said. The waiter scurried away.
"So?" Breach asked.
"Cardoni is out."
"Good work. I was worried that puke would cut a deal with the DA if he went down." Breach ripped a chunk of meat off a long bone. A sloppy scarlet ring of sauce circled Breach's mouth. "Now I want my money. Put Eugene and Ed Gordon on Cardoni. The first chance they get, I want him snatched."
Prochaska nodded. Breach handed Prochaska a fat rib. The enforcer started to protest, but Breach insisted.
"Take it, Arty. I'll get one of yours when your order comes."
Breach wiped his face with a napkin, then reached for another rib.
"I want Cardoni in good enough condition to chat," he told Prochaska between bites. "No brain damage. Tell the two of 'em. If Cardoni is too fucked up to tell me where my money is, I'll take it out on them."
24
There was a message from Herb Cross on the answering machine when Frank and Amanda arrived home from Cedar City. Frank shucked his jacket and tie, fixed himself a glass of scotch and dialed a number in Vermont.
"What's up?" Frank asked when he was connected to Cross's hotel room.
"I may be on to something."
"Oh?"
Frank listened quietly while Herb told him what he had learned during his meeting with James Knoll.
"It doesn't sound like there's anything we can use," Frank said when Herb was through. "Evidence that Dr. Castle shot an abusive husband in self-defense when she was in her teens isn't going to be admissible to prove that she kidnapped and tortured people."
"I'd agree if that was all I found. Gil Manning was insured for one hundred thousand dollars. When the police cleared Castle, the insurance company paid off. She used the money to pay her tuition at Dartmouth. In her senior year she married a wealthy classmate, and they moved to Denver after graduation. Eight months later Castle's husband was dead."
"You're shitting me."
"It was a one-car accident. He was heavily intoxicated. He was also heavily insured and he had a fat trust fund. Castle inherited the money from the trust fund and she received the insurance money."
"Now that is interesting."
"I phoned the dead husband's parents in Chicago. They swear that their son was never more than a social drinker. They pressed for an investigation, but the cops told them that they were satisfied that their son's death was an accident. Castle's in-laws think that Justine was a gold digger. They were opposed to the marriage."
"Was there any evidence of foul play?"
"I haven't looked into the accident yet. Do you want me to go to Denver?"
"No, come home."
"I think I'm on to something with this, Frank. I think we should pursue it."
"That's not necessary. I won the motion to suppress. Cardoni is free and it's unlikely he'll be prosecuted."
"What! How did that happen?"
"If you've got a few minutes, I'll tell you."
25
Granite cherubs and gargoyles peered down on passersby from the ornate stone scrollwork that graced the facade of the Stockman Building, a fourteen-story edifice that had been erected in the center of downtown Portland shortly after World War I. The law firm of Jaffe, Katz, Lehane and Brindisi leased the eighth floor. Frank Jaffe's spacious corner office was decorated with antiques. He sat behind a partner's desk that he had picked up for a song at an auction. Currier and Ives prints graced one wall, and a nineteenth-century oil of the Columbia Gorge, which Frank had discovered at another auction, hung across from him over a comfortable sofa. The only jarring note was the computer monitor that sat on the edge of Frank's desk.
Vincent Cardoni showed no interest in the decor of Frank's office. The physician's attention was riveted on his attorney, and he shifted anxiously as Frank explained Fred Scofield's latest legal maneuver.
"So you're saying we have to go back to court?"
"Yes. Judge Brody has set the hearing for next Wednesday."
"What kind of bullshit is this? We won, didn't we?"
"Scofield moved to reopen the motion to suppress. He has a new theory, inevitable discovery."
"What's that mean?"
"It comes out of Nix v. Williams, a United States Supreme Court opinion. Around Christmas of 1968 a ten-year-old girl disappeared from a YMCA building in Des Moines, Iowa. Shortly after she disappeared, Robert Anthony Williams was seen leaving the YMCA carrying a large bundle wrapped in a blanket. A young boy who helped Williams open his car door saw two skinny white legs under the blanket.
"The next day Williams's car was found a hundred and sixty miles east of Des Moines in Davenport, Iowa. Later clothing belonging to the child and a blanket similar to the one Williams carried from the Y were found in a rest stop between Des Moines and Davenport. The police concluded that Williams had left the girl's body between Des Moines and the rest stop.
"The police used two hundred volunteers to conduct a large-scale search in an attempt to find the body of the victim. Meanwhile, Williams surrendered to the police in Davenport and contacted an attorney in Des Moines. Two Des Moines detectives drove to Davenport, picked up Williams and drove him back to Des Moines. During the trip, one of the detectives told Williams that snow might cover the little girl, making it impossible to find her body. Then he said that the girl's parents were entitled to a Christian burial for the little girl who had been snatched away from them on Christmas Eve. Later in the ride, Williams told the detectives how to find the body.
"Before trial, Williams's attorney moved to suppress evidence of the condition of the body on the ground that its discovery was the fruit of Williams's statements and those statements were the product of an interrogation that was illegal because it had been conducted out of the presence of his attorney.
"I'm not going to bore you with all the in and outs of the appeals that eventually brought the case to the United States Supreme Court twice. What you need to know is that the justices adopted the inevitable-discovery rule. They concluded that the evidence supported a finding that the search party would inevitably have discovered the body of the little girl even if Williams had not led the police to it. Then the Court ruled that evidence that would normally be excluded because of police misconduct is still admissible if it would have been discovered inevitably."
"How does that help Scofield?"
"The cabin is on private land, but the graveyard is on a trail that goes through national forest land. Scofield is arguing that the graveyard was so obvious that Vasquez, a hiker, a forest ranger, somebody would inevitably have discovered it, giving a judge grounds to issue a search warrant for the cabin."
Cardoni laughed. "That's bullshit. Vasquez never went back there and there wasn't anyone near the cabin until Vasquez called the cops."
"You're right, Vince. The argument is total horseshit, but Brody might jump on this with both feet. There's an election coming up. Word is that Brody is going to run for one more term, then retire. If he lost the election, he would be humiliated. Granting Scofield's motion would get him off the hook for the most unpopular decision that he's ever made. Most Milton County voters don't understand the subtleties of search-and-seizure law. All they know is that Brody let you out and that the cops think you're Jack the Ripper's meaner cousin."
"Even if that tub of lard does rule for Scofield, you'd win on appeal, wouldn't you?"
"I'm pretty sure I would. The problem is that Brody will put you back in jail pending trial."
Cardoni's toe tapped rapidly.
"I pay you to anticipate things like this."
"Well, I didn't. Hell, Vince, there's no way I could."
Cardoni glared at Frank. He was rigid with anger.
"I am not going back to jail because some fat-ass judge wants to win an election. Either you handle this or I will."
26
Eugene Pritchard and Ed Gordon were intelligent muscle whom Martin Breach used when more than simple violence was needed. Pritchard had been a professional fighter with a decent record until he was busted smuggling cocaine into the country after a fight in Mexico. Gordon was an ex-marine. He had been dishonorably discharged for assaulting an officer.
At eight o'clock on the day that Frank Jaffe told Cardoni about Scofield's motion to reopen, Pritchard and Gordon were debating the pros and cons of a home invasion when Cardoni's car drove out of his garage. They followed without lights until Cardoni turned onto a major thoroughfare. Then they stayed a few cars behind the doctor and tried to guess where he was headed. After a while it got confusing. Cardoni seemed to be wandering aimlessly. He cruised the streets of downtown Portland for a while, then headed out of town along Burnside. Several miles later Cardoni turned onto Skyline Boulevard and followed it past the cemetery until he reached a bumpy dirt track that ended abruptly at Forest Park, a vast wooded area.
