Crime & Punishment: The Prequel Ch. 08

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Jimmy knows who has the file, and Susan learns the truth.
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RichardGerald
RichardGerald
2,851 Followers

The House on Congress Street was right across from the little park. It was a quiet street in a prosperous Brooklyn neighborhood, sandwiched between Carol Gardens and Brooklyn Heights. Jimmy O'Reilly didn't see any hill in the Cobble Hill district. As far as the Albany attorney could tell, the area was as flat as a pancake with its eastern border fixed by the Brooklyn Queens Expressway and its western by Court Street. At its center, Cobble Hill had a small park where young parents brought their toddlers to play.

The McManus home was one of a solid wall of row houses opposite the park. A little more than twenty feet wide each house had a set of steps called a stoop, an English style basement, and three upper stories. Most had been divided into small overpriced apartments, but not the McManus residence. There was technically an apartment in the basement, But the upper house was a single unit where the priest Thomas McManus had maintained his family.

Jim O'Reilly arrived on a sunny late October afternoon having called and made an appointment with Maryann McManus. He was greeted by an elegant woman whose age he would put at no more than fifty. She was dressed stylishly in a dark blue dress suit and low heels. Maryann was sophisticated and clearly well educated. The way she held herself and her supple motions as she showed her guest to the parlor suggested an underlining sexuality that he had not expected.

Jim O'Reilly had come to question an elderly matron but found a formidable and worldly woman.

"Please Mr. O'Reilly, have a seat," she said indicating one of the leather wingback chairs bracketing a small loveseat. The parlor was furnished expensively and its walls papered in Victorian fashion, but the furniture was a mixture of contemporary Twentieth Century and late Nineteenth. It was the home of a rich couple who had acquired their furnishings individually and over a long period.

As Jimmy took his seat, she said, "I'm going to have a small whiskey, but I have coffee if you would prefer it."

He took the coffee, and in a moment, she returned with a tray containing a coffee mug, creamer and sugar together with a tumbler holding an inch of rich brown liqueur. "Thomas preferred Irish Whiskey to Scotch. I'm afraid I've formed the bad habit of a small nip in the afternoon," she said taking a sip of her drink.

The coffee was excellent, and Jimmy said so.

"I can't take great credit for that the little Italian grocery down Court Street roasts its own. It's remarkable what fresh roast will do for the flavor. You should stop and buy a pound before you return to Albany. It's just a little way into Carol Gardens."

"Thank you. I will give it a try," he said.

"Now perhaps we better discuss what has brought you to my home, Attorney O'Reilly," she said.

"I've been appointed as a special prosecutor, and I'm seeking certain documents," he replied.

"May I ask why you believe I have these documents?" she asked.

"That is hardly relevant to the question of whether you do have the missing documents."

"But how would I know of these documents except for you telling me?"

"Because the arch-diocese gave them to Bishop McManus to hold, and now the diocese is searching for them. Since the Bishop is deceased, I'm asking the woman who lived with him."

"You're asking his widow. I am Tom McManus' widow. My lawyer will confirm that. We have a condominium in Fort Myers, Florida. That is a very progressive state my lawyer informs me. When Tom and I would go each winter to escape the snow, he put his collar aside, and we lived openly as man and wife—"

"And under Florida law that forms a common law marriage making you Mrs. McManus. Very astute madam," Jimmy finished for her.

"Coming from you that is a fine compliment. I know of your reputation. I looked you up after Cecilia Porter called. Google can be so informative," she said.

"You know Mrs. Porter."

"Of course, we shared a common status. I've made it a point to keep in touch with all the women...Shall we say 'coupled' with priests. It is a small sorority, but much bigger than the Church would admit, or the public is aware. "

"Cecilia didn't know what I was looking for, but it seems to me you do. Otherwise, you would have answered the question of whether you had the documents with a definitive 'No' and not another question."

"Think what you want, but I'm no whore to be intimidated. There is no way you can prove I have it, and you can rest assured if I did that I would never turn it over to a man of your reputation. I know your wife is rated a great humanitarian. I know what that can mean for a family and a marriage.

"I have lived in the shadows for a noble man's public image and his benevolent works. It is difficult to live in that obscurity bearing all the everyday responsibilities and receiving none of the credit. It must be harder for a man. However, I do not accept that as an adequate excuse for your actions. I have no respect for the Church's lawyers, and less for a man like yourself who is there for whoever is paying his price at the moment."

"You judge me rather harshly, madam."

"God's judgment will be harsher. You should fear it."

"I believe God will be far more forgiving than the people whose file you have taken. I'm not suggesting you should be anyone's puppet, but perhaps you should consider what your best interests are here."

"I have considered that and can see no advantage to me in this matter by doing anything other than staying completely free of entanglement."

"Then perhaps there is something you want that I might provide?" he said.

"I hold title to this house and all my late husband's real and personal property. It is a considerable fortune, but I hold it for the benefit of the McManus children. The church didn't hand it over easily. They had plans to cheat my children and me, but they failed because I'm cautious and prepared. There is nothing that I want for."

"Yet, I think you fail to see the possible consequences of your actions. You may be placing yourself in danger that you do not perceive," he said.

"I assure you ,I have taken every precaution and am well prepared. I'm no virgin to meet the bridegroom with an empty lamp."

"Have you considered the individuals involved. They were innocent children."

"And, they are not so innocent now. They have obtained worldly success despite what happened to them."

"Why don't you at least tell me what happened to Patrick Sullivan and Steven Fitzgerald?" he asked.

Maryann saw where this was going, but she wanted this man to understand and accept her position.

"I'm sure as the friend of both these men you are aware as a boy Steven was routinely assaulted by the pedophile priest Edward Danbury, and that his friend Patrick Sullivan a slightly older and bigger boy on the last occasion came to his aid. During the course of that altercation, a heavy silver crucifix came in contact with Danbury's head. The blow fractured Danbury's skull.

"But that was merely the beginning. Despite the fact that Sullivan was injured, someone had to be charged with assault due to the serious injury Danbury had suffered. The alternative would be that the truth about Danbury would have come out. The man had more than a hundred victims, but Fitzgerald was the last thanks to Sullivan's intervention. They sent Sullivan to a juvenile detention facility. He did six months. But you know that. What you want is the names of those involved, and those I will not give you. I will tell you nothing you do not already know."

She wasn't quite right. She had told Jimmy something he had not realized before, but he wanted one more piece.

"It doesn't bother you that your husband was involved?" he said.

Jimmy saw her immediate shock and smiled, "Your Thomas involved Edward Kincade, Sr. It was the law firm Thomas used for the diocese real property transactions. They had to have a willing defense lawyer to make the scheme work."

Maryann gave a superior and knowing smile and said, "it makes no difference, and a law firm, I believe, is not just the attorneys listed on the office door. Moreover, what you want cuts both ways. The innocent will be hurt with the guilty."

Jimmy understood then the trick that had been played, but all he said was, "Is there nothing I can say to persuade you."

"Nothing but tell the governor that he need not worry for I will keep watch and my lamp is perpetually lit."

Maryann thought she was being clever, but her words were very clear to lawyer O'Reilly.

As she walked him to her front door, Jimmy gave one last try and a bit of advice, "Please change your mind. No one can keep their virtue while dancing with the devil."

****

Theresa Hartman was in the plush Manthan offices of Susan Singleton's PR firm. Susan was seated across from Theresa reading the first surveillance report. Theresa could see the other woman was not happy. No matter how often she did this Theresa never was able to remain completely cynical. Susan Singleton Fitzgerald to all the world possessed everything necessary for a perfect life and had certainly done nothing to deserve any of the gifts life had bestowed upon her. Nevertheless, it was still impossible for Theresa to not feel the woman's suffering.

Susan had been very foolish, and most would say downright wicked, in her treatment of her husband, but the pain of her actions she was feeling now. Theresa knew Steven's infidelity hurt all the more because of the woman's own guilt. It was a fact that Theresa had learned over long years in her trade. "The guilty wife was far more vulnerable than the faithful spouse." She had no moral high ground to stand on and no right even to complain. Yet, her pain was no less.

"And, he sees this woman on a regular basis?" Susan asked.

"Two and three times a week," Theresa responded.

"You say here that the relationship seems serious on her side. Can I ask how you reached that conclusion?"

"She's twenty-seven and, as far as I have been able to determine, never had a serious relationship until now. By serious, I mean she has been seeing your husband and no one else. Her past liaisons seem to have been limited to casual relationships and one night stands. None of which I would call serious or exclusive."

"So, she a younger version of myself."

"In physical appearance quite different, but otherwise you are correct. She is smart, well educated, and career driven. From what my staff has been able to learn from her friends, family, and prior bed partners, she is competitive professionally, a bit controlling in her relationships, and sexually aggressive in bed."

"All characteristics of mine," Susan admitted.

"It's been my experience that men rarely stray far from type," Theresa said.

Susan gave a small sob and tears began to streak her cheeks.

"What am I going to do?" Susan said, but it was not a real question merely a venting of her frustration and guilt.

Theresa passed her a tissue from a small packet extracted from Theresa's carry all bag. The detective strove to give the appearance of someone's maiden aunt, from her frumpy green dress to the over large stripped bag she carried. The bag was most convenient as a carry-all for the tools of her trade including the lady's version of a .38 Smith and Wesson revolver.

"Mrs. Fitzgerald, I have what may be a much more pressing concern," Theresa began.

Susan's head shot up straight, and she gave Theresa her full attention, "What"!

"Your husband is being followed and not just by my people or simply one other party. He has multiple groups surveilling him. Professional agents and possibly a government agency. I fear he may be in some danger."

Susan only stared across the conference table at her investigator. She was finding it hard to comprehend what she was being told.

"I didn't place the information in my report because I thought we should speak in confidence about this matter, and what, if any, action you want me to take.

Susan finding her voice demanded, "What in the hell are you talking about."

"Your husband is under heavy surveillance by multiple parties. Some give the indications of government involvement, but others are what I believe may be more unpleasant parties. He could be in physical danger."

"Why? What you say seems incredible."

"I believe this may go back to the molestation incident in your husband's childhood."

"What?"

"His sexual assault by the pedophile Ed Danbury, a parish priest. Danbury's is a very notorious case. His crimes were discovered long after the fact, and your husband was a victim, in fact, his last victim. That has long been a relatively obscure detail. Now, however, there is renewed interest in this matter, and your husband is intimately involved in attempting to reopen the Danbury cases."

"I knew nothing of this. He never told me of an assault," Susan said her shock very real. Steven had kept the matter from her. Held this from her. In effect lied to her by omission. Why had he done that? Had she been so much worse of a wife than she believed?

"Why should this place him in danger now?" she demanded of Theresa Hartman.

"I don't know. I have only bits and pieces. There apparently is some belief that others may have been involved after the fact. Something to do with the prosecution of Patrick Sullivan."

"Pat, what's he got to do with it?"

"He came to your husband aid. He stopped the assault and in the process nearly killed Danbury."

Suddenly a great many things made sense to Susan. Things that had been unsaid for so long, behaviors that had been baffling. Pat had saved Steven. It was apparently a debt that her husband would never forget.

"What happened to Patrick was he hurt badly?" Susan asked.

"He was hospitalized briefly, but he was also prosecuted and placed in juvenile detention."

This shocked Susan, but it explained much.

"Why is this important now?"

"As far as I know, many of the abuse victims want to reopen the matter to make the Church give them recompense. In some way, the case of your husband and Sullivan will, they believe, help them."

"And Steven is helping them?" Susan asked.

"Yes, and my instincts tell me, he is placing himself in danger by doing it," Theresa said.

"Then I must do everything possible to help him. I want you to do whatever you feel necessary to help him," Susan said.

Theresa smiled. Susan was, after all, a woman worthy of the gifts that a gracious God had bestowed on her.

****

Lynda Segal was having no success with her new job. The office was filled with Ivy league graduates who had no use for the Cardoso law school grad. Nor did anyone appreciate her courtroom skills. Most of her associates seemed under the belief that all they need do to win is show up. Unfortunately, where the general criminal cases where concerned this was the truth. Most of the accused lacked the resources to fight and guilty or innocent had to accept a plea. When it came to big financial defendants, the AUSA's got crushed by the large wall street firms. Justice was only available at a price, it seemed.

No one was interested in taking on a real fight. She began to wonder why she had been hired. The reasons given did not seem to match the substance. Moreover, she could feel the dislike of her colleagues and superiors. Things seemed to be headed toward her termination which would mean the death of her career. She could not afford this. She had student loans to pay. Without a salary coming in she would default on over a hundred grand in debt, and thereby incur an immediate twenty five percent penalty.

She was desperate to find a way to keep this federal job and somehow get ahead in an office filled with overprivileged Ivy League incompetents. Then she was called into a meeting with the United States Attorney for the Southern District, Nancy Ross Jordan, herself. This was unprecedented. The head woman never spoke to low-level assistants. Moreover, she was called in for a private meeting late in the day.

"Please come in and sit-down, Ms. Segal," said the US attorney from behind the large desk that was barren of any objects except a family picture, small desk-sized American flag, and a pristine desk blotter.

Lynda took one of two stiff-backed leather chairs set before the desk.

"I thought I should tell you the real reason I hired you before you settled too far in or up and quit. Please note that I'm doing it in person. I want this to stay strictly between us," she said looking Lynda firmly in the eyes.

As Lynda took her seat, a hard lump formed in her throat, and all she could do was nod.

"Good, you have I'm told a great talent in the courtroom, but you are not Southern District material. You're a bright woman, and I'm sure you have already begun to notice that you don't fit in."

"Yes I have," Lynda said having regained her power of speech as a certain amount of anger began to rise. If she was going to be fired after so short a period, she saw no reason to go out with her head bowed.

"Excellent, I knew you were a smart young woman, but to the point. You are here because you litigated against Steven Fitzgerald, and I wanted someone who was familiar with this man. I have been studying him for several years, but nevertheless, he has remained an enigma to me.

"He is quite handsome, extremely shy, decidedly introverted, and yet he is a lion in the courtroom or rather a sleek panther who will gut his victims before they perceive the danger. I first observed him as a mock trial judge. I volunteered in the hope of meeting his coach, Edward Kincade, Jr. I knew his father professionally but had never met the son."

"The governor?" Lynda interjected.

"The very same, and I did meet him, but we digress. The point is I was impressed by Mr. Fitzgerald and his partner one Patrick Sullivan. They were a remarkable team, in more ways than one. They were involved in an old incident, an assault on a priest. There was an allegation of sexual abuse, but Sullivan took the fall for the assault," Nancy paused giving her audience of one time to absorb the build up.

"There are those that believe the two boys were at the center of a governmental malfeasance. The kind that reaches into high places and causes a great tsunami wave of public outrage," The US attorney continued.

"And you've been watching them," said a now intensely interested Lynda.

"Yes, They are two very odd men who may have a reason for there strange behaviors. To make things even more interesting, it would seem that recently the pair engaged in their own marvelous bit of official abuse which ended in the governor appointing Sullivan as acting DA. It's outlined in this file," Nancy said reaching into her desk drawer to extract a thin manila folder which she passed across the desk to Lynda.

"It contains only speculation and opinion. There is no proof. I hired you because you were familiar with Mr. Fitzgerald from the Wheatmore trial, but I was pleased to discover that you are far more acquainted with Mr. Fitzgerald than that. Aren't you?"

Lynda looked up from the file she had opened straight into the appraising eyes of the US Attorney.

"If you think I'm ashamed of my relationship with Steven, I'm sorry to disappoint you. If you see it as a conflict and want to discharge me, I will understand."

"What you think I want you to prosecute him? Dear girl, be real, he already wiped the courtroom floor with you once."

"What then?"

"I want you to spy on him. The FBI has rules, and they are being difficult. I want you to stay close to him. I believe the lid is about to come off, and I want someone on the inside."

"Why do you think, I would do that?" Lynda said her shock and anger apparent.

"Because if people believed you were sleeping with him before the end of the Wheatmore trial, you will both go down, because I'm prepared to grant him immunity and to make your career a success here. You're going to do it because you're a prosecutor, and this is the case that can finally lift the lid of political corruption in New York. But ultimately, I believe you will do it because you love him, and he is in danger."

RichardGerald
RichardGerald
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