“That’s quite a title,” says Quinn. “In light of the federal district court’s order, I’m not exactly sure what my role is in this matter any longer. I assume I still have jurisdiction over the criminal case.”
“As far as I know,” says Rhytag.
“That’s big of you,” says Quinn. “So you’re telling us that these photographs, the ones Mr. Madriani and his client want access to, are off limits, under some kind of federal seal, is that it?”
“In a word, yes,” says Rhytag.
“You have anything you’d like to say, Mr. Madriani?” Quinn looks at me.
“Yes, I’d like to know where the photographs are.”
“I’m not at liberty to say,” says Rhytag.
“Maybe I missed something,” I say. “What you’re telling us is that the jurisdiction of this special federal court is limited to the issuance of these surveillance warrants, for spies operating in the United States, is that correct?”
“That’s right,” says Rhytag.
“What do the six photographs have to do with surveillance warrants?” I ask.
“That’s classified. You’re not entitled to know,” says Rhytag.
“Your Honor, what we have here are two murders with a truckload of unanswered questions. We have questions concerning one of the victims, Emerson Pike, and what his background was, how he managed to expedite obtaining a visa to bring the defendant into the country, a U.S. visa that would ordinarily take months but which he was able to obtain from the United States consulate in Costa Rica in three days. You wouldn’t know anything about that?” I put the question to Rhytag.
“Sorry,” he says, and just shakes his head.
“We know that Emerson Pike was obsessed with the photographs in question,” I tell Quinn, “and that the pictures were taken by the defendant’s mother…”
“Where? Where were they taken?” says Rhytag.
I look at him. “If you want to share information, give me copies of the photographs and tell me what you know, and I’ll give you all the information I have, on one condition, that it doesn’t place my client in legal jeopardy.”
“Why don’t you just tell me where the photographs were taken,” says Rhytag. “ Costa Rica? It was Costa Rica, wasn’t it? Why don’t you just tell us what your client has told you and we can get past this very quickly.”
“I assume you’re looking for Mr. Nitikin.” It’s a gamble, but it pays off. Rhytag’s eyeballs nearly come out of his head as he turns to look at me.
“What has she told you?”
What is even more interesting is the confused look on Templeton’s face as he sits there turned around in his chair, looking first at me, and then at Rhytag. Whatever the feds know, they haven’t shared the details with their friendly prosecutor.
“Let us talk to her,” says Rhytag. “We’ll give her use immunity.”
“On what, on the murders?” I ask.
“Not a chance,” says Templeton.
Rhytag leans over toward Templeton, while Kim Howard occupies the Dwarf’s other ear. Howard’s assistant quickly gets up off the end of the couch and stands directly behind the wheelchair to block Harry’s and my view. They huddle in front of the judge’s desk.
“If you want to borrow my chambers to talk for a few minutes, you can have it,” says Quinn. “By the way, who’s Mr. Nitikin?”
Templeton raises a hand to hold off the judge. They confer for a few more seconds before Templeton says, “Okay, all right. Your Honor, I’m not entirely sure what’s happening here, but maybe there is a solution that meets all of our needs. This is what I’m prepared to offer, and I should preface it by saying that I’ll have to clear it with my boss, but I think he’ll go along. Two issues,” he says. Templeton turns in the chair to look at me as Howard’s assistant steps out of the way.
“If she cooperates”-Templeton is talking about Katia-“if she talks to the government and the information she provides is useful and, and this is a big point,” says Templeton, “if she gives up the co-conspirator, whoever helped her at Pike’s house, I’ll entertain an LWOP, reduction to a life term without the possibility of parole.”
“In your dreams,” I tell him.
“That assumes there is a co-conspirator,” says Harry. “How the hell can she give you something that doesn’t exist?”
“We won’t know that until she tells us, will we?” says Templeton. “But I’ve made the offer. Your Honor,” he says, turning back toward the judge, “since the state has now made the offer, and I’ll put it in writing, the offer must be conveyed to the defendant. It’s not within the province of her lawyers to reject it. That decision belongs exclusively to the defendant. They can advise her, but they can’t make the decision for her. And I would ask, so that there is no misunderstanding or confusion as to the terms, that both Mr. Madriani and Mr. Hinds be present when the offer is explained to her.” Templeton looks directly at Harry as he says this. “And I’ll have it translated into Spanish so that she can read it as well. To avoid the death penalty is no trivial matter.”
“No, it’s not,” says Quinn. “You’ll convey the offer, Mr. Madriani, Mr. Hinds.”
“We’ll be happy to convey it,” I tell him. “But I can assure you she’ll turn it down.”
“How can you be so sure?” Templeton turns around and looks at me.
“Because I know my client, and if you pulled your head out of your ass, you’d be able to see the light of day.”
“Mr. Madriani!” says Quinn.
“Sorry, Your Honor, but two people have been murdered. Someone broke into Emerson Pike’s house that night. We know that because the police found pick marks on the lock at the back door. The only reason the killer didn’t get the photographs in question is because they belonged to the defendant’s mother. Katia Solaz convinced Emerson Pike to give the photographs back to her the night she left, the night he was killed. Katia Solaz got out of the house a heartbeat ahead of whoever killed him. Otherwise she would be dead and the photographs would be gone.”
“Yeah, and we have your word for this, is that it?” says Templeton. “Your Honor, we think she killed Emerson Pike with the help of an accomplice.” He turns back toward Quinn. “And together they cleaned out the house, took the coins and the defendant’s computer.”
“If robbery was the motive, why did they take only the computer and some of the coins?” I ask.
“Because they couldn’t carry anything more,” says Templeton. “It’s called physics, the law of gravity.”
“Wrong,” I tell him. “The computer was taken because it contained the original downloads of the digital form of the photographs. You didn’t know that, did you?”
Harry gives me a shot in the ribs with his elbow, as if to say shut up.
“Your Honor, it wasn’t a burglary in the conventional sense. Whoever came to kill came because of those pictures. That’s what they wanted. That’s why those photographs are at the heart of our case.”
“What’s in the pictures?” says Quinn.
“Ask them.” I point to Rhytag.
“Can you give us even a clue?” says Quinn.
“No, sir,” says Rhytag.
“I have an obligation to assure that the defendant gets a fair trial,” says Quinn.
“And I have an obligation to protect national security,” says Rhytag.
“Find Pike’s computer and you’ll find the killer,” I tell them. “And it’s not my client.”
“Then tell me where to start looking,” says Rhytag.
“Seems we’re back where we started,” says Harry. “I have one suggestion.”
Rhytag looks at him. “What’s that?”
“The federal government has regulatory powers over most banks, correct?”
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