Prologue, spring 2014: Peace negotiations and rehabilitation of combatants
In the spring of 1999 the Kingdom of Tosca, loosely allied with the Democratic Republic of Polyakov, declared war on Jonathan Tyne. The Kingdom consisted of all or parts of the eight great counties surrounding San Francisco Bay in the Peoples Republic of California. The Kingdom was not then structured as a traditional Sicilian cosca; its leadership was shared by two brothers, Francesco and Joseph, known as “Jimmy”, with a crown prince, Frank the Younger waiting in the wings. Neither of the brothers was called don. Both preferred to be addressed as Mr., or boss – capo in Italian – or simply by their first names depending on who was speaking. The brothers Tosca were part of the great post-World War II Sicilian Diaspora.
The DRP, an absolute dictatorship headed by a Lyubertskaya vor v zakone, Valerian Sergeyevich Polyakov. These particular Russians, the Polyakovs, were not among the first to arrive in Brighton Beach – extortionist thugs from the Soviet gulags dumped on the U.S., as Castro dumped Cuban criminals, during the Brezhnev era – but the second wave, the ones that came after the end of the Soviet war in Afghanistan. The smarter of these realized rather quickly there were better pickings in other places besides south Brooklyn, namely Denver, Phoenix, Los Angeles and in our case, the San Francisco Bay Area. What the Toscas were for the cocaine trade the Polyakovs were for heroin.
The immediate cause of the war was the perceived legal threat Tyne posed as a witness against the crown prince. An ambitious and corrupt assistant district attorney willing to suborn perjury (thus the first title) – surely one of those Jack Cade would have wanted to kill – virtually guarantees Tyne will be a target when she leaks to the media he can identify the last man standing. He can’t… and won’t but that is irrelevant. The charges that could have been brought against Sonny Tosca: six counts of capital murder; no small matter. Valerian Sergeyevich had no beef with Tyne; his concern was if Tyne fingered Sonny, Sonny might give them up to get a better deal for himself, the cult of omerta having fallen by the wayside. The war lasted exactly 449 days and ended in stalemate after the death in battle of Baron Jimmy; Baron Frank the Elder having died in the Battle of Castro Valley fought during the hours of darkness of November 11-12 of that year. The crown prince, while hiding in Europe, died mysteriously in a road accident in early 2000. Some said an agent of Tyne was responsible. Others maintained a Tosca rival from another cosca, or possibly a Russian, arranged the crown prince’s death to look like an accident. A few even speculated that a high-ranking knight of the realm dispatched the CP in an act of regicide. Regardless which of these accounts is true, the Kingdom held Tyne responsible for the CP’s death.
Prime Minister Peter Napoletano and Tyne himself negotiated a modus vivendi in the late spring of 2000. The PM, then heir-apparent to the throne and determined to be Don Napoletano, that is, if he could liquidate or out maneuver his chief rival, Sir Anthony Turco, an ambitious and resourceful knight of the realm, welcomed the truce. Italian rather than Sicilian, Napoletano had no personal ax to grind with Tyne but as PM he had to carry out the orders of his leaders. He did so with vigor and dispatch. During a hastily called peace conference Tyne made him an offer he could not refuse. No documents ending the war were signed but hands were shaken, promises made; the two men’s word was their bond.
The war was fought in six great engagements documented in great detail in the historical novels subōrnāre, Affirmative Action, The Seventh Circle and Rogue Elephants written by the eminent historian Thomas Docheri. Both sides took casualties. The opposing forces were so disparate that Tyne fought a guerrilla war. Tyne, a trained intelligence officer once in the pay of the United States of Oil, who honed his skills during three deployments to South East Asia in the failed imperial expedition to suppress the nationalist ambitions of an avuncular man named Ho, modeled his campaign after those great guerrilla leaders: Sun Tzu, Nathanael Greene, Giáp, Guevara, Castro and Begin. Like all successful guerrilla campaigns, Tyne used stealth, intimidation, terror, hit and run, ambush, torture and assassination – learned during ten months seconded to the Phoenix Program – and as such broke a number of laws of the U.S.O., the Peoples Republic of California and the Republic of Oregon. During those six great campaigns Tyne captured documents and artifacts of war that were of abiding interest to the encompassing states. So valuable were these spoils that the controlling principalities were willing, reluctantly to be sure, to overlook certain indiscretions on the part of Tyne in return for his surrendering all captured materials and full disclosure of his methods of operation. In return, the U.S.O. would provide Tyne a new identity. However, all was not as it seemed. A super-secret element within the U.S.O. had plans for Tyne and was willing to betray him to his erstwhile enemies, if necessary, to obtain his cooperation.
The following is an excerpt from Rogue Elephants that finally reveals for the first time the details of the meeting between Tyne and the interested parties during which a grant of immunity from prosecution for high crimes and misdemeanors committed during the war was given. The author wishes herein to acknowledge his debt of gratitude to the lawyers that represented Mr. Tyne for their invaluable assistance. This history of the Tosca/Tyne War would not be what it is without their inestimable contribution.
Jonathan Tyne spent part of the weekend preparing for his allocution hearing and the other part in transit. The preparation involved using his word processing software to write a narrative of what he had done and speak it out loud to hear how it sounded. Saying the words out loud helped reduce his too wordy prose down to its essentials, or at least less wordy than had he not performed the exercise. On Sunday he flew Alaska Air to Portland and was on the ground by 15:20. Miriam was not at home when he arrived. The note she left said she was attending a fundraiser at Marylhurst University and he should expect her by seven at the latest and if he played his cards right she would let him take her to dinner. He did, a place near RiverPlace marina named Les Misérables, a new restaurant in Portland that had been getting rave reviews.
At dinner Tyne said very little; instead he listened carefully to Miriam’s explanation of the process and what he could expect. Several times she cautioned him that what was crucial about an allocution hearing was to omit nothing and not to lie. The entire procedure could come a cropper if it was later discovered that he had lied or left something crucial out of the story. He assured her that he understood, that he would be forthcoming and would answer all questions truthfully. She thought he should not drink more than the single glass of wine he ordered with dinner and that he get a good night’s sleep so they returned to her condominium by eleven and shortly thereafter they retired. It didn’t work; he couldn’t sleep and rather than lie awake he continued the preparation he’d started the day before and he finally fell asleep at four. She woke him at seven and by ten they were in her office in the US Bancorp Tower at 111 SW 5th Avenue.
The offices of Allen, Hardwick and Hardin, suite 2800, occupied half of the 28th floor of the 42 story building and when Tyne saw them for the first time he understood why he was paying $750 an hour for Miriam’s time. He had dressed in a charcoal gray worsted suit, blue Oxford button down and maroon tie while Miriam wore a navy blue pin stripe suit with a white silk blouse. When Maggie arrived he thought they were twins except Maggie’s suit was light gray.
While they waited in Miriam’s office David Hardin ran herd on the attendees assembled in the larger of the two conference rooms within the suite. Someone was late and at ten minutes past ten David stuck his head in her office and said, “Mr. Vickers would like to get started.”
Miriam, Maggie and Tyne entered the conference room and David performed the introductions. Tyne recognized a few of the faces – Elizabeth Sullivan from Alameda County, Mike Castelano of the Oakland PD and surprise, surprise, Raymond Wright of the Washington DC office of the FBI. Of the others, he caught the offices they represented more than the names – Philip Schiff, another ADA from Alameda County, an FBI general counsel named J. Edgar Snow, someone from the Oregon Attorney General’s office, a female counterpart from Sacramento, an NSA computer expert named Philip Druary, a forensics specialist from the FBI’s Washington laboratory named Holzner and a middle-aged court reporter named Mrs. Bettis – and overseeing it all was Franklin Vickers; tall, gray, a little stoop shouldered with half-frame reading glasses over which he stared fixedly at Tyne.
Vickers began by stating why they were all gathered in this room and what they expected to hear. When he finished Miriam, stalling for time, said, “Franklin, we have a bit of a problem. I asked the Attorney General to appoint a special master to conduct this hearing and he’s running a bit late. My firm’s senior partner David Hardin has been in telephone communication with him and as we speak he is in a cab on his way here from the airport. I expect him momentarily.”
“What is his name?”
“Judge Edmund Thayer of the Ninth Circuit Court of Appeals. He sits in San Francisco.”
“Why did you feel the need for a special master? Don’t you trust me to treat your client fairly?”
“Of course I do but there are other interested parties to this allocution, representatives of the states of Oregon and California and the issues are rather complex so I asked the AG to appoint someone not involved with the outcome of the hearing, a neutral party with no ax to grind. I’d like to wait until he arrives?”
“I don’t see why we can’t get started and catch Judge Thayer up when he arrives.”
“Perhaps we could use the time while we are waiting to review the immunity documents,” said Maggie.
“Weren’t they faxed to you Friday?”
“Yes they were but those were drafts. I’d like to verify that the final versions are exactly the same as the latest drafts and if they are not, to understand what might have changed.”
Vickers passed copies of the two agreements to Maggie without further comment. While Maggie compared her copies with the Vickers’ copies Miriam examined the package of Whelan credentials that Vickers had placed in the center of the conference table. She showed Tyne a few of the documents she must have thought particularly interesting – the new passport, the Coast Guard masters license, the new DD-214 that documented Whelan’s military service – until Maggie interrupted her and whispered something in her ear. She then excused herself and she and Maggie left the room. They were gone less than five minutes and when they returned Miriam said, “I’m afraid we have a problem with these documents that makes it impossible to continue with this hearing until it is resolved. I’m specifically referring to the omission from the final version of the immunity agreements reference to the Intelligence Identities Protection Act of 1982.”
“Mr. Tyne is not a government employee and therefore is not entitled to protection under that act.”
At that moment Judge Thayer, to Maggie and Miriam’s relief, arrived and after apologizing for being late was brought up to speed on the point of law they were discussing. He said, “My understanding of IIPA is that it was meant to be broadly construed to include anyone whose safety could be compromised by the disclosure of the particulars of his identity regardless of his employment status. I think when the government manufactures a new identity out of whole cloth the recipient certainly qualifies for such protection.”
“Well, the agreements have already been executed by the Attorneys General of both Oregon and California. I think we should proceed with the allocution and deal with the language of the agreements later,” said Vickers.
“That’s not your decision to make,” said Miriam. “Unless that language is added back to both agreements I will advise my client not to allocute.”
“If he doesn’t allocute he doesn’t get the identity documents.”
“Yes, and if he doesn’t get the credentials you don’t get the physical artifacts.”
“I was informed that all parties were in agreement with the terms of the immunity being granted to Mr. Tyne? Is that not true?”
“I specifically informed all parties that language referring to IIPA must be include in the agreements and as of Friday, it was.”
“Well, it’s really up to Mr. Tyne, whether he wants to go forward with the agreement as is and receive the identity documents or risk additional delay with the distinct possibility of impasse,” said Vickers.
“Mr. Tyne, what say you?” said Judge Thayer.
Tyne fingered the new drivers license and the passport. The cover was not new; it showed modest use. He thumbed through it and found entries for two trips to the U.K., one to France and one to Italy, all in the last five years, exactly as was documented in his current passport. He placed it back on the stack of documents and said, “Please show me the language you are referring to?”
Maggie showed him the two California documents; the draft Miriam had shown him on Sunday and the one that was signed by Attorney General Grainger. He read the draft carefully and when he looked up Maggie said, “The Oregon draft agreement had exactly the same language.”
“No deal. Even with that language someone in government might still leak my identity but without it there is nothing to put people on notice that disclosure carries sanctions.” He stood and buttoned his jacket and said to Miriam, “I’m leaving, are you?”
“Please wait in my office.”
After Tyne left the room Miriam said, “Houston we have a problem. Based on my experience with this client he isn’t going to change his mind and unless you do and add that language back to the agreements there is no point in continuing.”
“I read copies that Ms. da Silveira faxed to me Friday and I found them to be correctly drafted and enforceable and they both contained reference to IIPA. In fact, I would have been surprised had they not,” said Thayer.
“We have not included that language in any agreements made by this office in at least a year,” said Vickers.
“Well, for this client you need to make an exception,” said Miriam.
“I’d like to understand why the government no longer believes an informant’s identity warrants protection under that act?” said Thayer.
“I can’t speak for all of government but in this case under Pub.L. 97-200, 50 U.S.C. § 421 – 426, specifically §426 paragraph 4B Mr. Tyne is not an employee of the government, not a military officer and is not an informant to the foreign counterintelligence or foreign counterterrorism components of the FBI,” said Snow.
“Ms. Silveira?” said Thayer.
“One moment your Honor while I review the language of the act.” She had a copy of it in her case notes and after a quick perusal looked up and said, “Mr. Tyne’s new identity certainly qualifies as confidential information pursuant to the act and he is an informant per subparagraph ii of the section Mr. Snow cited. If it is not, why don’t we publish new WITSEC identities in the Federal Register? Clearly we don’t so even if assigned the lowest security level the information must by definition be confidential. The question then is whether the information he will provide is to be excluded from those bureau agents engaged in foreign counterintelligence or foreign counterterrorism activities. Does the bureau intend to prevent those bureau elements from having access to Mr. Tyne’s disclosures and if so how, or will his information be generally available within the bureau?”
“Mr. Snow?” said Thayer.
“I believe it will be generally available your Honor.”
“Furthermore,” said Miriam, “from the documents Mr. Vickers sent me I understand the Canadians are interested in Garrett Neustadt, Mr. LaPone’s persona when he operated in Canada and Great Britain and Philippe Édouard Paquet, Mr. LaPone’s French persona, is wanted by Interpol. I would think if we are not encouraging our experts on foreign counterintelligence or foreign counterterrorism activities to familiarize themselves with the information Mr. Tyne will provide, we should be. The implications of the money-laundering scheme alone should be of interest to them. Not to strikes me as criminally irresponsible.”
“Mr. Snow?” said Thayer.
“I simply reiterate Mr. Tyne is not an informant of a division within either the bureau or the CIA dealing with foreign subversives or foreign subversion. The persons involved here appear solely to be members of domestic organized crime and therefore Mr. Tyne’s identity is beyond the purview of IIPA.”
Thayer removed his glasses and rubbed his eyes for a moment, then he put them back on and said, “It is my judgment that Mr. Tyne is an informant of the government and his information will be widely disseminated within law enforcement organizations at both the federal and state level so he does fall into that class of persons for which IIAP was created to protect. Furthermore, the language referencing IIAP contained in the drafts I read was appropriate and therefore should be restored in the immunity agreements. Now this is an administrative procedure not a legal one and therefore the government is free to dissent but if it does we must terminate this proceeding immediately while the parties renegotiate the agreements in question.”
No one said anything for at least a minute and so Thayer said, “Since no one is willing to speak first I will cut to the chase. I want to hear now from anyone who desires we terminate this proceeding or forever hold your peace. I cannot allow Mr. Tyne to allocute believing his identity is protected by IIAP if indeed it is not. Mr. Snow, you seem to be leading the charge on this for the bureau; what say you?”
“I have nothing further to offer, your Honor.”
“Very well, put the language back in the agreements.”
“Your honor, it was no small matter to get all of these participants here today and both Oregon and California are represented as is Justice and the bureau. My office has the latest state of the art communications, teleconferencing and fax equipment, which we will make available so that revised documents can be prepared and signed today. We would prefer not to reschedule this hearing if we can avoid that possibility,” said Miriam.
There was a murmuring of assent from the assembled lawyers and Maggie took charge of coordinating document preparation and faxing to Salem and Sacramento while Miriam went to find Tyne. She found him sitting in the outer lobby and she beckoned him to join her in her office.
“That fucking bastard Wright and your friend Carpenter are trying to screw you. They want to make sure you play ball so they removed that language from the immunity agreements in order to coerce you into working for them. I hope you understand what was going on in there?”
“What happened after I left?”
“I convinced them with Judge Thayer’s help to add back to the immunity agreements the IIAP language that makes it a federal crime punishable by up to ten years in prison to disclose information about the identity of a confidential informant. Maggie is now working with some of the attorneys present to amend the agreements and get them signed so that we can proceed today with allocution.”
“Otherwise this thing today will have to be rescheduled?”
“Yes, and I’m assuming if we can get the docs redrafted you’ll allocute?”
“Yes, I want to get it over with today too. Mimi, when I reveal that I killed Jimmy Tosca will they make an issue of Madeleine having made false statements by giving me an alibi?”
“Phil Schiff will but I’ll deal with it. Don’t worry about Madeleine, I’ll look out for her interests. It’s imperative that you not lie about any of the details of that event, certainly not in any misguided attempt to protect your ex-wife. Jonathan, understand something, you get to walk but only if you don’t lie. If later they discover that you lied during allocution they can rescind the immunity agreements and use the information you provide during allocution to prosecute you. Do you understand what I’m saying?”
“Yes, I get it.”
“Good, now how about I treat you to a really good lunch as my guest in the City Grill on the 30th floor? Most Portland residents think it’s the best restaurant in town.”
. . .
They were given a table with a magnificent view of the Willamette River and downtown Portland. Miriam ordered authentic Long Island Sound Blue Points and a cold shrimp salad while Tyne chose grilled Alaska King salmon and she entertained him by people-watching, pointing out some of the people present she recognized and what they did for a living. Most were attorneys of one kind or another. Tyne concluded she must be very well known in Portland as quite a few acknowledged her with either a wave or a brief greeting. None seemed interested in him. They lingered over coffee until 1:30 and left when they saw Maggie, Thayer, Snow and Vickers enter the restaurant for their own lunch. On their way out Tyne noticed the piano bar off to one side and made a mental note to return at some point to give it a try.
He waited in Miriam’s office reading The New York Times until almost four when she came to get him; she said they were ready to resume. Back in the conference room Miriam reviewed the immunity agreements with him, showed him that the newly revised and signed copies were exactly the same as the drafts she had reviewed with him on Sunday at her condo and he signed where she indicated. Miriam then used the wall phone to call an assistant who was standing by. A moment later this assistant arrived pushing an equipment cart bearing a large plastic tote, the aluminum rifle case containing LaPone’s M-40A1 sniper rifle and the case containing his spotting scope.
Tyne donned a pair of latex gloves he had brought with him, opened the tote and arranged the weapons and personal effects on the conference room table. He had organized and bagged what Miriam called the artifacts so that each weapon was grouped together with its owner’s personal effects; except the sniper rifle, spotting scope and the MAC-10 he recovered from Jimmy Tosca’s Lincoln Town Car were set off by themselves. To avoid damaging the table he left the vests, still caked with dried blood, in the bottom of the tote. Finally, he placed the T40 ThinkPad, wrapped in clear plastic in the center of the table and the replica in front of his own chair.
The forensics expert took charge of the laptop and immediately began dusting it for latent prints and Franklin Vickers began by saying, “Mr. Tyne, please describe, as specifically as you can how you came into possession of this laptop computer.”
“Your Honor I must…”
“Hold your water Ms. Silveira, I’m way ahead of you. This is a most unusual proceeding and I want to take a moment to review why we are here, my understanding of what the parties are agreeing to and to lay down some ground rules for how we will proceed.
“In Federal Criminal Procedure an allocution is almost always relative to the taking of a plea; the defendant says out loud in open court what he did; the victims, if any, may be heard relative to sentencing and the attorney representing the government may question the defendant with regard to the crime or crimes to which he is admitting. The judge then decides whether to accept or reject the plea agreement. In this case Mr. Tyne is not a defendant, there is no federal plea agreement being considered, in fact, there is no violation of any federal statute of which I am aware. The federal government, as I see it, is merely acting as a broker between Mr. Tyne and the states of Oregon and California. It is my understanding that Mr. Tyne will allocute to felonies he committed which are punishable under the laws of those two states; furthermore he will reveal information about the criminal behavior if others of which he is aware and he will surrender certain property seized during the commission of those felonies in return for immunity from prosecution by Oregon or California, or any of their subordinate jurisdictions. The lawyers present representing various federal agencies and the two states mentioned may question Mr. Tyne and if and when satisfied with his answers, will affix their signatures to the immunity agreements signifying that Mr. Tyne’s allocution is deemed adequate to the grant of immunity.
“Now I want to caution the attorneys representing Oregon and California not to withhold their signatures because they believe they can prosecute Mr. Tyne based on what they might learn during this proceeding. A prosecution brought against a person making a good faith allocution would be subject to mistrial with prejudice unless evidence independently obtained was the basis for the prosecution. I, and every sitting jurist I know, would take the gravest exception to such a misuse of prosecutorial power. On the other hand, if it can be shown that Mr. Tyne perjures himself during this proceeding then the validity of the immunity agreements can be challenged and the government is free to use the information they learn during allocution as they see fit.
“Now one last comment before we proceed; I will expect to hear arguments why the representatives of either or both states refuse to sign the immunity agreements if that turns out to be the case. Ms. Silveira, does that statement satisfy you so that you may encourage your client to proceed?”
“There’s one other point of law I’d like to raise if I may your Honor?”
“Concerning these immunity agreements?”
“No your Honor, concerning federal immunity.”
“I wasn’t aware that Mr. Tyne is seeking federal immunity?”
“Nor was I?” said Vickers.
“If I may have a moment your Honor it will become clear?”
“Please be brief.”
“Thank you your Honor, I shall. I’m concerned that a vindictive government may bring a future action, either criminal or civil against my client for a civil rights violation, or since e-mail, cell phones and Internet access play such central roles in my client’s activities, wire fraud is a favorite prosecutorial catch-all when other charges are lacking or any number of other federal statutes too numerous to enumerate. One only has to examine the artifacts arrayed before you to see at least two violations of the Gun Control Act of 1968 and you will hear during allocution how my client improvised handcuffs to restrain two of the victims, acts which if interpreted literally could lead to federal charges for kidnapping. So I reviewed public immunity agreements, those not associated with WITSEC clients, negotiated by Justice over the past two years and using them as models I drafted one for Mr. Vickers’ signature. At the end of Mr. Tyne’s allocution, if the state representatives are satisfied, and I’m willing to stipulate that only if they are satisfied, then I want Mr. Vickers representing the Attorney General to sign the federal agreement I drafted. When Mr. Tyne leaves here today I don’t want him looking over his shoulder wondering whether the government is preparing to proceed against him.”
“This is quite irregular your Honor.”
“But you do grant transactional immunity to federal witnesses and informants, do you not? For example, for those brought before federal grand juries?”
“Yes your Honor.”
“Prospectively, and by that I mean for crimes not specifically covered in a federal indictment but impossible to enumerate?”
“For crimes revealed during allocution, yes, but certainly not for crimes not confessed during allocution.”
“Thank you Mr. Vickers for making my principal argument for me, which is precisely why the agreement specifically refers to high crimes and misdemeanors revealed during allocution.
“Your Honor, I’m concerned that during allocution Mr. Tyne will reveal violations of one or more federal statutes that were not anticipated by Mr. Vickers or me during our negotiations to this point and I wish to preclude any unpleasant surprises for my client. I have heard some but certainly not all of the facts Mr. Tyne will allocute to and of course, none of the questions he will be asked so the potential for prosecutorial abuse is very real. I’m not proposing anything in the agreement the government doesn’t routinely grant federal informants. My client should be protected equally from federal as well as state prosecution in return for the information he will provide but without a written agreement to that effect we must rely solely on the goodwill of the government. Meaning no disrespect to any of the federal officials present, my client and I would prefer a binding written agreement to anyone’s goodwill.”
“Mr. Vickers?” said Thayer.
“May I read what you are proposing?”
Miriam handed Thayer and Vickers each a copy of the two-page agreement she had drafted and Thayer said, “Do you need a few moments to read it Mr. Vickers?”
“No, I’d like to get started with Mr. Tyne’s allocution; I’ll read it while my colleagues are conducting their examination of Mr. Tyne.”
“Very well, Ms. Silveira, are you now ready to proceed?”
“I am as long as it’s clearly understood that we expect all three agreements to be signed before we will surrender the physical artifacts that are the basis of this hearing.”
“Noted, Mr. Vickers, does the government intend to call Mr. Tyne as a witness in any pending or future federal prosecution?”
“We intend to use the transcript of this proceeding as a deposition to establish the provenance of the items Mr. Tyne surrenders.”
“Then I think Mr. Tyne should be sworn,” and he did so. “Now Mr. Vickers, you may proceed.”
Vickers repeated his opening question and Tyne spoke for almost forty minutes about the night LaPone and his two associates came to his ranch. During his presentation he identified each package of weapons, which were taken from which man and that he had found the sniper rifle and spotting scope in the trunk of the car the men came in and only assumed they belonged to LaPone. When he finished the attorney from the Oregon Attorney General’s office asked, “What did you do with the bodies?”
“I dumped them in Mill Creek Wilderness.”
“How did you transport them there?”
“In the car they came in.”
“Please describe how you did that?”
“I stripped the bodies of their clothes and personal effects and loaded them into the car and parked it out of sight behind some rocks…” Tyne described in some detail staging his pickup truck in Prineville and using his dirt bike to return to the ranch, first stopping at the Bandit Springs rest area to scout out a suitable place to dump the bodies.
“The next day, Tuesday the 11th, I drove to Summit Road a mile north of Bandit Springs, the forest service road that forms the eastern boundary of the wilderness area and I drove up that road exactly 8.7 miles to the place I had found the previous day with the dirt bike. I left my ranch a little after midnight in order to arrive at the rest area before first light. It was a little before five when I reached the spot I intended to use. I unloaded the bodies and pitched each of them over the edge. I estimated from the time it took for them to hit bottom that the drop was at least 400 feet. I then drove to the place where I left the car and turned it into a derelict. I then used my bicycle to return to my truck in Prineville and was back at my ranch by early afternoon.”
“Why the Mill Creek Wilderness? Why did you choose that particular spot?”
“In the summer of 1998 there was a major forest fire, the Hash Rock fire that was ignited by lightning strikes northeast of Prineville. It was pushed by the wind into Mill Creek Wilderness and once it did the fire fighters gave up trying to put it out. The terrain is incredibly rugged and inaccessible so the crews focused on keeping the fire from jumping Highway 26. They did and the fire wasn’t extinguished until it began to snow in October. Remembering that fire, it seemed like a good place to dump the bodies.
“If you want to recover what the coyotes haven’t eaten you could have a team rappel down the face of that cliff. Or, you could hover a helicopter, say fifty feet off the bottom and lower a team by winch. But getting at them overland… forget that.”
“These vests, can you say with certainty which vest was worn by which man?”
“Indirectly; each is a different size. LaPone was a big man, well over six feet and stocky while Desantis was the smallest. I’d say the middling sized one belonged to DiSalvo.”
“These infrared devices you used to secure your property, how did you acquire them?”
“From Capitol Security Supply of Reston, Virginia.”
“But such devices are restricted and are not available for sale to civilians?”
“They were happy to take my money.”
“But someone helped you buy that stuff. Someone authorized by his or her position within law enforcement had to say it was okay for you to purchase that stuff. Who was it?”
When Tyne said nothing the attorney said, “We can call the company and ask them.”
“Then why are you asking me?”
“I can ask you anything I want and you have to answer or we can deem your allocution unacceptable and that would invalidate these immunity agreements. Didn’t your attorney instruct you that you have to answer?”
“My attorney told me not to lie. Refusing to answer is not lying. Refusing to answer is nothing more than preventing you from sanctioning a brother officer with whom you disagree.”
“No, it’s a little more complicated than that. If you want immunity and these new identity credentials you must answer.”
“Bullshit. The only thing I have to do is tell the truth about any crimes I committed. Buying some electronics stuff and even inducing someone to help me buy it is not a crime.”
“You’re gambling Mr. Tyne and you’re not a lawyer so you could be wrong.”
“I’m gambling that you want all this shit,” and Tyne gestured at the array of weapons laid out on the table, “plus the laptop computer more than you want to know details that involve other people in the most incidental ways. I’m admitting killing eight people so how I obtained the security devices is trivial in the grand scheme of things.”
“Your Honor, please instruct Mr. Tyne that he must answer my question.”
“Mr. Tyne, why are you refusing to answer Mr. Blair’s question? It seems a perfectly reasonable one to me.”
“An officer I respect did vouch for me to that company but I fail to see how revealing his identity serves any purpose. I admit killing those three men. Furthermore, I admit that I planned the ambush and that I let Desantis bleed to death in order to satisfy myself that he was telling me the truth. I have no intention of answering that question so I respectfully suggest we move on.”
“If you don’t answer Mr. Blair’s question I will halt these proceedings and render these agreements null and void?”
“I guess we’re done then. Mr. Holzner, please be kind enough to wrap the LaPone laptop in that plastic material.” All during this exchange Tyne kept his eyes locked, unwavering, on attorney Blair’s face, never once looking at anyone else even though he knew another in the room was versant with all of the issues relating to the equipment purchases.
“Jonathan, are you sure you want to do this? These immunity agreements are priceless and these credentials are exactly what you need?” said Miriam.
“It’s done.” Tyne rose from his chair, stepped behind it and pushed it against the table clearly signaling his intention to leave.
“I vouched for Mr. Tyne to Capitol Security,” said Castelano. They all turned to look at the Oakland cop. “He called me and explained what he wanted to buy and from whom and what he was going to do with the equipment and I thought it was a good idea to secure his property, since I’m the one who told him about the Tosca threat and that it was better for him to avoid the Bay Area. I still think it was a good idea, otherwise LaPone would have killed Mr. Tyne.”
“Is that true Mr. Tyne?”
“Was it Lieutenant Castelano who told you the Oakland police had been paid to look the other way?”
“No, what the lieutenant told me was that no one in law enforcement could protect me before the fact. He said the criminal justice system was designed to track bad behavior so that bad actors can be apprehended after the fact. All the police could do was pick up the pieces afterwards and if they got lucky, perhaps apprehend the perpetrators. He warned me that the Tosca crowd was very determined and very dangerous, to keep my head down and he wished me luck.”
“Is that true lieutenant?”
“To the best of my recollection, that’s exactly what I said.”
The attorney seemed satisfied or at least he had no additional questions so Tyne resumed his seat and moved on to how he killed Jimmy Tosca and tied the search for Tosca to information about Sylvia Rotolo obtained from Vincent Desantis. Philip Schiff took up the interrogation and he spent at least an hour taking Tyne through the surveillance and stakeout of Rotolo’s Fairbanks Avenue bungalow. When Miriam suggested they take a break Schiff said, “Your former wife lied to the police about you being with her the night Jimmy Tosca and Donnie Apia were killed, didn’t she?”
“So in addition to committing two homicides you and she conspired to kill these two men, isn’t that also true?”
“If Mr. Tyne has immunity for homicide, which these agreements indeed provide, then he also has immunity for conspiracy to commit homicide. If he cannot be prosecuted for conspiracy neither can his ex-wife. There must be at least two parties to a conspiracy and in this case, de jure there were not two so Mr. Tyne’s ex-wife cannot possibly be a conspirator. Whether she obstructed justice or not is interesting gossip but irrelevant. I think we should move on,” said Miriam.
“My ex-wife agreed to give me an alibi but she did not know what I was going to do.”
“I think we should move on,” said Miriam. “In fact, I really do need a break.”
“Let’s take fifteen minutes,” said Thayer.
. . .
When they resumed Schiff asked Tyne when was it he decided to kill Jimmy Tosca and Donnie Apia?
“As to Tosca, it was when I read his e-mails to Peter Napoletano in which he encouraged LaPone to torture and kill my ex-wife and Catherine Duvall to learn my whereabouts and as to Apia, he was present and functioning as Tosca’s bodyguard the night I shot him.”
Miriam then handed out copies of the ten e-mail threads Tyne had mentioned. Tyne was asked to describe his relationship with Catherine Duvall and he did, except he left out the events of May 19th and any mention of the white van. He knew Schiff was aware of his relationship with Catherine from the investigation conducted by Lieutenant Harris, whom he knew worked for Mike Castelano. Tyne was prepared to talk about the white van but only if the questions asked suggested anyone had knowledge of those events. Schiff seemed satisfied and Elizabeth Sullivan then asked him to describe the killing of Francesco Tosca, Anthony Dellacroce and Victor Maruca. He did and also explained how he used the DHC-2 to discover the road detour that gave him an alibi. He also described landing at Lakeview, Oregon to buy gas but omitted mentioning the help Raul Ochoa had provided. Sullivan was livid when he first mentioned the airplane and showed her his FAA pilot’s license.
While she was looking at his license Castelano asked why Tyne had impaled Francesco Tosca with the rebar? He said, “To make sure he was dead. People can survive the most awful wounds; I wanted to make sure he wouldn’t and it was the only silent weapon available.”
“The press speculated there was a message intended or it was ritualistic. We even asked a psychologist to prepare a profile of the sort of person who would do such a thing.”
“You wasted the tax payers’ money. When I left my condo I looked for a sturdy edged weapon and the best I could come up with was a steak knife. All my best tools were at the ranch but there were a few pieces of rebar in the garage I had used to lay out a sprinkler system and I took them along rather than have nothing.”
“Why didn’t you just shoot Francesco Tosca in the head the way you shot his brother?”
“Because the weapon I used on Jimmy was suppressed while my own pistol is loud.”
“Which pistol did you use on Jimmy?”
“The SIG. It’s the most accurate of the three I acquired from LaPone and his crew.”
Sullivan then resumed questioning him. She asked why he didn’t go to the police after receiving the telephone warning?
“My attorneys all asked the same question so I have racked my brain to recollect as precisely as possible what the caller said to me. I wrote it down and you may have copies of it but I’d like to read it for the record, if I may?”
Judge Thayer asked to see a copy and Miriam handed it to him. He read it and then said, “Yes, please read it for the record.”
Tyne read from his copy: “‘Mr. Tyne, if you want to live to see tomorrow, don’t go home tonight. Go to a motel, stay at your office, go back to Oregon or wherever, but under no circumstances go home. Frank Tosca knows you’re in town this week and staying at your condo. At least two and possibly three Tosca enforcers intend to take you out tonight. Up until now you’ve made some good moves playing the invisible man, but you also made a foolish mistake. The singer you’ve been shtupping works for a connected guy. Even if you get lucky and survive tonight, chasing after that one will get you killed. Don’t be stupid. Trust no one. And don’t waste your time going to the police. The Oakland cops and the locals have been paid to look the other way.’
“I didn’t go to the police because I thought it was pointless and as I said, I watched my condo to see whether anyone would come and when they did, I assumed the rest of the warning was valid.”
“Why didn’t you run? The caller thought you’d be safe in Oregon? Your plane was only minutes away and you were out of the condo before anyone arrived?”
“For two reasons; first, I was concerned that to run based on the warning could be exactly what someone wanted me to do, and second, it wouldn’t have stopped anything. They would simply have tried again, and as we’ve seen, they did.”
“But isn’t it reasonable to assume they sent LaPone after you because you killed Francesco Tosca?”
“You can believe that if you like but in order for that to be true you also have to believe Jimmy was indifferent to the death of Frank Tosca, Jr. They blamed me for that even though it happened in Europe. I don’t.”
“But you could be wrong, right?”
“Yes, it’s possible I was wrong and had I run they might have become discouraged and given up the chase. It’s also possible that pigs can fly and you can believe that too if you like but I choose not to.”
“Did you, in any way, direct or indirect, have anything to do with the death of Frank Tosca, Jr.?”
“Was Frank Tosca, Jr. the man you shot at Pietro’s in March of 1999?” Sullivan fixed Tyne with the stare.
“I do not know whom I shot that night… because his face was completely obscured by a stocking mask. I told you and your investigator that at the time and I’m telling you now. I cannot identify the man I shot.”
Sullivan continued to stare at Tyne and when she failed to get him to blink or look away she said, “Did you think killing Francesco Tosca would end this… your attorney called it a war. Did you think it would end with the death of Mr. Tosca?”
“I hoped it would. I believe in the maxim that if you cut off the king’s head you don’t have to worry about the king’s army. That’s what I endeavored to do.”
“Is that what you were doing when you killed Jimmy Tosca; cutting off another king’s head?”
“Mr. Tyne, when does it stop?”
Sullivan was again staring at Tyne with her best prosecutorial stare and Tyne stared back and after a pause for effect he said, “It stops, Ms. Sullivan, when you and your colleagues here take these predators off the street.”
“Whom are you going to kill next, Peter Napoletano… or Arthur Rhoades? Mr. Napoletano is mentioned prominently in those e-mails you cited and isn’t Mr. Rhoades the connected guy in that warning you claim you received?”
Tyne shook his head in frustration. “Ms. Sullivan, I can’t believe how fucking clueless you are. The Toscas, Dellacroce, Maruca and Apia were Sicilian. They were never going to quit, not on this side of the great divide. With them I had no choice. If you knew anything at all about these people you might have asked me about Turco rather than those other two, except he’s not related to any of them by blood or marriage, but he is the logical choice now to run things. Napoletano is Italian and Rhoades is just a bean counter… businessmen, and as such know that a vendetta is bad for business. Both are your problems now, not mine. My war is over. I’m going to take my new credentials and disappear and I’ll only come back when I see that you’ve indicted those two for racketeering. And although I can’t prove it,” as Tyne looked pointedly and gestured at Wright, “but maybe you guys can, Rhoades is responsible for the death of an Oregon woman named Sharon Robinette.”
“Why should we do that?”
“Because Napoletano is at one end of the money-laundering scheme Vincent Desantis told me about before he died and Rhoades is at the other. Desantis called Napoletano the mob’s banker. According to him Napoletano owns a bank in the Caymans and a bottled water plant in Warren, Pennsylvania called Allegheny Spring Water. The plant ships most of its output to the Leeward Islands and the money moves to the plant in trucks also owned by Napoletano. Desantis didn’t say but I think it’s reasonable to infer that when the plant buys stuff needed for operations it gets shipped in trucks owned by mob-controlled trucking companies. Don’t ask me the name of the bank or the trucking companies; Desantis either didn’t know or he chose not to tell me but I verified for myself that Allegheny does exist in Warren. Now as to connecting Napoletano and Rhoades, the former along with his wife owns something called Salt Creek Enterprises LLC of Providence, Rhode Island and this Salt Creek LLC is one of the investors in Rhoades’ Blue Flame Properties.”
Miriam now handed copies of two pages taken from the Duvall report prepared by ESS showing the details of Blue Flame Limited Partnership #7 and Salt Creek’s 1120-S income tax return for 1993 to Vickers, Sullivan, Schiff, Blair and the woman from Sacramento who had yet to ask a question.
Tyne watched, fascinated, as Vickers merely glanced at his copy, handing it to Snow, the attorney for the FBI, who read it carefully and then handed it to Wright, who like Vickers merely glanced at it. Tyne concluded that the information came as a surprise only to Snow who was probably not in the loop.
“Where did you get this material?” said Sullivan.
“After the dust settled from Tosca-one my ex-wife offered to obtain a background report from an executive security firm her business employs, something she called a known associates and associations report, on Catherine Duvall. At the time I was intimately involved with Ms. Duvall and I wanted to learn whether there was any substance to what I was told by the anonymous caller concerning her relationship with Rhoades. These two pages came from that report.”
“Your ex-wife knew you killed Francesco Tosca?”
“She guessed I probably did but I never explicitly confirmed to her that I did.”
“May we see this report?”
“The report is in my possession and I can say categorically there is nothing more in it that is relevant to this proceeding,” said Miriam. “I judge it to be work product and thus privileged.”
“Does your firm also represent Ms. Duvall?”
“In certain contexts yes, though the exact nature of the relationship is of course confidential.”
“Mr. Tyne, when was the last time you communicated with Ms. Duvall?”
“The day I was interviewed by detective Harris regarding the deaths of Jimmy Tosca and Donnie Apia. Harris couldn’t locate Ms. Duvall and had not tried the simple expedient of calling her on the phone. I did, spoke briefly with her and then I handed the phone to Harris. I believe she was in Canada at the time.”
“And you have not spoken to her since?”
“Why not sir, since you said you two are intimately involved?”
“We were, past tense, but in January she broke it off and after she spoke to Harris she hung up on me.”
Tyne thought he noticed a non-verbal communication, a nod, between Sullivan and the man from Oregon named Blair, who said, “Would you elaborate please on the death of Sharon Robinette?”
“Excuse me Hal, Judge Thayer, I fail to see how a discussion of this man Rhoades’ mistress is relevant to these proceedings?” said Vickers.
Tyne stared at Blair and said, “Will you enlighten him or shall I?”
“Yes, please enlighten us all, since I haven’t heard this either,” said Miriam.
Finally Blair said, “Sharon Robinette is… or was the sister-in-law of the Honorable Kenneth Lilja, member of congress from Oregon’s 2nd Congressional District.”
Tyne turned away and pressed his fingers and thumb into his eyes. Suddenly, he rose and hurriedly left the conference room, saying, “I need a moment.” Every pair of eyes in the room stared in amazement at his sudden departure. Even his two lawyers were stunned into silence and neither thought to call out or moved to bring him back. He was gone several minutes but when he returned his face was composed. “Sorry, collateral damage. Of all that has happened, of all the men I killed, I regret most what happened to Sharon. She was a friend. Her only sin was her poor choice in men. Catherine Duvall has that same failing as she too was once involved with Rhoades. Now that she has moved back to Canada I’m hoping she has cut that cord for good.”
Miriam gripped his hand under the table when Judge Thayer instructed him to proceed.
“I asked Vincent Desantis, as he was dying, whether Rhoades killed Ms. Robinette. He said he knew no one by that name, so I explained to him that she was Rhoades’ girlfriend and that she was found dead of an apparent drug overdose the day after a Venezuelan named Argueta Otálvaro and Nicholas Parma tried to kill Catherine Duvall and me at Ms. Duvall’s home in Bend the night of 11-12 September 1999. Desantis said Rhoades stayed the weekend of 10-12 September with Robinette because he’d rented out his home at Black Butte Ranch. He gave Francesco Tosca her phone number. Rhoades had traveled to Bend from the Bay Area to participate in meetings at a restaurant he co-owned that had sustained damage as the result of a fire earlier that week. Incidentally, another purpose of his trip to Bend was to determine whether I was staying that weekend in Bend with Catherine Duvall. According to Desantis some time Saturday, the eleventh, Tosca called Rhoades on Robinette’s landline. He answered and unfortunately for Robinette, he failed to turn off her answering machine, so the entire conversation was recorded. Later, the woman listened to her messages and learned what had gone down. Again, according to Desantis Rhoades could not bring himself to kill the woman even though that’s what Tosca ordered him to do, so Tosca sent Anthony Dellacroce to Bend to do the job. Apparently Dellacroce chartered a jet and flew to Redmond, Oregon. He killed the woman with an injection of nearly pure heroin but he timed it so that Rhoades had an alibi, his arrival the afternoon of the thirteenth in San Francisco by commercial air from Oregon.
“I think what Desantis told me amounts to what is known in law as a dying declaration and thus is an exception to the hearsay rule but my attorney gets very upset with me whenever I attempt to make a legal point, since I have not studied the law.”
“How can we be sure Desantis knew he was dying?” said Blair.
“Oh he knew all right. I made it clear to him when I removed the tourniquet that I thought he was lying about the things he told me and I would only put the tourniquet back on if he told me the truth.”
“Yes, but simply removing a tourniquet that has been in place for several minutes will not automatically result in a victim’s death,” again from attorney Blair. “Before a person bleeds out his blood might clot, thus sealing even a severed artery. The clot may be unstable but it might hold until the victim can be re moved to a medical facility. How did you know his blood loss was mortal, and more to the point, how did you convince him that it was mortal?”
“The severed artery, in my opinion, was not from the buckshot pellets, the wounds from which were high up on his thigh, but from the jagged end of the femoral, which was sticking out of his thigh a few inches above the knee. I believe he broke his leg when he fell after being shot twice. I’ve seen more wounded, dying and dead men than anyone in this room other than Lieutenant Castelano here will see in a lifetime, but as you say, more to the point, I intended to keep his wound bleeding, even if it stopped on its own.”
In the ensuing silence this revelation elicited Castelano said, “I have additional information concerning a series of phone calls made by and to Nicholas Parma that may be relevant I’ll share with the attorney from Oregon subsequent to this allocution.”
They seemed to have run out of questions so during the pause the computer expert, Philip Druary, asked Tyne for the password to the LaPone computer. The forensics technician had long since finished dusting it for fingerprints.
“Before Mr. Tyne reveals the password I’d like to get a sense that the attorneys for Oregon and California are satisfied with Mr. Tyne’s allocution and will not withhold their signatures from the immunity agreements?” said Miriam.
When no one spoke Judge Thayer said, “As before no one will speak first so I will. I now wish to hear specific reasons why any of the parties present deem Mr. Tyne’s allocution inadequate. When I hear those reasons we can discuss how to remedy them. I want to see this allocution end satisfactorily and will act to arbitrate any lingering reservations the parties may have.”
“Your Honor, may I say something?” said Tyne.
“When Mr. Druary examines the computer he is going to discover that LaPone held funds in offshore accounts at ScotiaBank. My attorney advised me that these immunity agreements cover felonies I committed between Tosca-one and Tosca-two inclusive and that I must fess up to everything I did for the agreements to be valid. The money in those accounts is now in an account that I own and control and I intend to keep it. LaPone intended to kill me so I seized his assets, those that I could find, in lieu of civil damages. Please note in one of the e-mail threads mention of the fee for killing me he received in advance from Jimmy Tosca. You can call it embezzlement or misappropriation or just plain theft but I consider it to be covered by those agreements and I’m not surrendering the funds. I’ll give Mr. Druary the password after all the lawyers have had their says regarding these funds and we settle the issue that they now belong to me.”
“How much are we talking about?” said Vickers.
“After I converted his stocks to cash, $637,779.40. I have since used a small amount to cover my expenses to set up a new account that only I control.”
“It now comes clear why Ms. da Silveira insisted on a grant of federal immunity,” said Vickers, “so her client can keep this money.”
Tyne then listened while Miriam argued with Snow, Blair and the woman from Sacramento who’s name turned out to be Phyllis Meeker, about the disposition of the money. They all had various reasons why each jurisdiction was entitled to some or all of LaPone’s financial assets, being as they argued the product of his criminal behavior. In the end Miriam said that like it or not, her client was adamant and the timing of his act fell within the period covered by both immunity agreements. If they insisted on recovering the funds they would wind up with nothing and would have to develop information about Napoletano’s money-laundering scheme independent of what they learned from Mr. Tyne during allocution. She reminded them, as if they needed a reminder, the money and assets the government was likely to recover from dismantling Napoletano’s operation were orders of magnitude greater than the trifling sum her client had appropriated from LaPone. When they finally demurred Tyne gave Druary the password.
Druary logged into the machine with user account rocco, password !lupara, quickly opened Eudora and said, “How did you decrypt these PGP messages?”
“He kept the pass phrases in a file named somepgpstuff.txt. I can’t remember which directory it’s in but you can find it with the file search utility.”
Druary found the file and began reading the e-mails with Snow looking over his shoulder. He said, “How did you crack the password?”
Tyne slid the 3.5” plastic disk across the table and said, “I booted the machine with this and I downloaded the NTFS file system driver NTFSDOS from the Internet. I copied the SAM file to the disk and then hacked the password with L0phtcrack.”
“Where did you learn how to do that?”
“From the book Hacking Exposed: Network Security Secrets & Solutions.”
“What sort of machine did you use?”
“A 4-processor Intel server with four Xeon cores running Linux with LaPone’s machine running in a VMware virtual partition.”
“How long did it take?”
“I think it stopped running at about 18 hours after trying a little over half of the possible permutations.”
“What pattern of permutations?”
“An ASCII word, that word preceded and followed by a single special and the word both preceded and followed by the special.”
“Did you use a dictionary?”
“Yes, the Italian language dictionary that comes with Microsoft Word.”
“Did you open the case or in any way tamper with the machine?”
“No and I wore gloves whenever I handled it. Once I copied the disk’s image I kept it wrapped in that plastic until today.”
“I understand you copied the image to a replica? Is that how you found the file containing the pass phrases?”
“How were you able to get into his account at ScotiaBank?”
“His browser was Netscape and his master Netscape password for the software security device was the same as the machine account password. Had it not been I’d have used the same technique I used to hack the SAM file.”
“So if I do the same thing, attempt to log into his ScotiaBank account, what am I likely to see?”
“You won’t be able to log in as I changed his password.”
“You obviously have spent a great deal of time studying his e-mails? Can you point me to those that discuss Mr. James W. Coyne?”
Tyne walked around to where Druary was sitting and said, “May I?”
Druary handed him a pair of latex gloves; he’d discarded his after arranging the weapons, and with them on Tyne found the threads relating to Coyne. He then returned to his seat while Druary and Snow pored over the messages. While Snow read the e-mails Druary said, “Do you remember the date and time you hacked the machine, as close as you can recall?”
Tyne thought back over the events immediately after the shooting and said, “It was the morning after the shooting, Monday April 10th, and it was right after I had breakfast, probably between 9 and 10 A.M.”
“What did you use to make the image copy?”
“So I won’t find file access after, say 10 A.M. on April 10th of this year?”
“That’s correct. I did all my research on the replica.”
“And where will I find the information about the ScotiaBank account?”
“Do a search for the Winzip file scotiabank1998. When you unpack that archive you’ll find an Excel spreadsheet that documents his use of the account for ‘98. There’s also one for 1999 and 2000. LaPone was a very meticulous record keeper. I think you should be able to match the e-mails in which he discusses the people he killed with the money transfers to learn how much he was paid for each. I intended to do that but I never seemed to have enough time.”
Snow and Druary continued to examine the messages for several minutes and then Snow blurted out, “Shit, the son of a bitch got eighty grand for killing Coyne. And Tino Cassili paid for the hit. Jesus, we’ve got his ass at last, and Jackie Harbaugh’s too, the business manager of Coyne’s local.” He leaned back in his chair and said, “Mr. Blair and Ms. Meeker, we really need this computer so I want you both to grit your teeth and sign those immunity agreements. You too Franklin, it’s worth it.”
Vickers handed them to each in turn and they both signed while he signed the federal agreement. Miriam squeezed Tyne’s hand under the table so hard her nails left red marks on the back of his wrist. Maggie gathered up the agreements and left to make photocopies. After that the government attorneys all seemed to loosen up and talk among themselves and one by one they left the conference room. The forensics technician packed the weapons into the tote while Tyne, in no hurry to leave, examined each of the new credentials carefully and when he finished placed them back in the cardboard shipping container they had been in and went to wait for Miriam in her office.
Before he got up to leave, and after Sullivan and Schiff had both departed, Mike Castelano, who Tyne noticed seemed to be lingering, as if he wanted to say something, stepped close, bent so he could speak discreetly, first touched his shoulder and then squeezed his arm. Very quietly he said, “Got a plane to catch; otherwise I’d let you buy me a drink. Watch out for Wright. He’s not your friend. He wants Carpenter’s job and he’ll do anything to get it, including using you. The next time you’re in the Bay Area call me. We’ll drink some beer and talk some shit from the old days when we were both young and stupid. Better yet, bring the Canadian woman with and I’ll grill some steaks.” Tyne said nothing but nodded assent and with one last hard squeeze of his arm the cop left the room.
While Tyne was waiting for Miriam, who was arranging to receive a transcript of Tyne’s testimony, David Hardin stuck his head in the door and said, “Are you in a big hurry to leave or can we talk?”
“I’m not going back to the Bay Area until tomorrow; what’s on your mind?”
“Boats are what’s on my mind, specifically yours.” Tyne was sitting in the corner of Miriam’s leather sofa so David sat in the matching club chair beside him and said, “You didn’t tell me that the banks don’t like to loan money on steel boats, particularly those that are one-offs?”
“I’ve never tried to get one so I wasn’t aware that was policy. Have you changed your mind about buying Northern Lights?”
“No, but I’m just a poor struggling bottom feeder, not a big shot money bags client who just rolled the feds for six hundred Gs and change. I need you to take back a loan.”
“Is that all; I thought you were going to chicken out and buy a fiberglass boat at twice the price? Did you get herself to help you write up an offer? The way she rolled those feds I’m sure to get a proper skinning.”
”Yes, she’s now the resident expert on marine transactions,” and he handed Tyne a manila file folder containing two copies of the five-page offer to purchase. Tyne read through the well-drafted offer; Miriam had used the sample he had given David plus she’d done her own research into the wording of contingencies. David would put twenty thousand down and make eight quarterly payments of sixteen grand at nine percent but he wanted fresh bottom paint and new zincs, and the offer was subject to survey and Hardin’s ability to purchase acceptable marine insurance. She also spelled out David’s expectation that Tyne would assist taking the boat north at no charge other than a week’s use of the boat when the Hardins were not using it. If he wanted the boat for longer than a week, she’d included what looked to Tyne like a competitive bare-boat weekly charter rate. There were also several paragraphs that dealt with Tyne’s liability during the week or weeks he would use the boat and how he would make them whole if he damaged the boat; a typical charter agreement that made the lessee liable for everything including a diver post-cruise to inspect for bottom damage. David was learning fast.
“This is fine but I thought we agreed the price would be one thirty-three? Why the extra three grand?” – the quarterly payments amortized a balance of 116K after the down payment.
“It’s an inducement to get you to provide financing.”
“I noticed you left the seller’s name blank?”
“I don’t know your new name. Neither Maggie nor Mimi would tell me what it is.”
Tyne handed David his new passport and David said, “Whelan, good Irish name, but didn’t we change your name to Michael Whelan last year? And isn’t that the name we’ve used in the trust agreements I created?”
“Yes, we did but without a middle name.”
“Does that mean you have credentials both with and without a middle name?”
“Un-huh, and a set of Tyne credentials too.”
“You clever rascal,” and he hand entered Tyne’s full new name on the purchase agreement. While Tyne initialed each page and signed the agreement Hardin wrote out a personal check for the down payment. He gave David the name and phone number of a marine insurance broker in Seattle. They then discussed scheduling the survey and agreed to take the boat north over the July 4th weekend.
When Miriam finally joined them after the last of the visitors departed while they were still discussing the trip north, they hugged and kissed and she told him the hard part was over. What was left was to complete the money transfers, to document Tyne’s untimely death and if he still desired new credentials for Catherine Duvall, to obtain from her copies of her existing credentials and what she desired her new name to be. Miriam assured him that she would oversee all these details. Tyne also asked her to send a copy of the transcript to the congressman. If anyone, he said, could keep the heat on the Oregon authorities to go after Rhoades for Sharon Robinette’s death, it was he. She said she would do that too.
David looked a little surprised when he heard Catherine’s name mentioned; he assumed Tyne and Mimi were an item. He shook hands with Tyne and returned to his office. Miriam and Tyne had dinner together at Fong Chong’s at 4th and Everett in nearby Chinatown. During dinner Miriam said her daughter was visiting so the guest room was not available but if he wanted to stay with her in her room that was quite all right. He elected to stay on his boat at RiverPlace. He told her even if he wanted to stay with her that was not the best way to meet her daughter for the first time. The next day he returned to San Francisco on a mid-morning flight.
Back in his apartment in Portola Valley he checked for encrypted e-mail for the first time in almost a week at wildhorseconsulting.com and found one he initially thought was from Catherine. It wasn’t. It was from Raymond Wright who wrote:
Congratulations Michael Thomas Whelan. You did good. However, I’m wondering if there was a message for us in your allocution; something about your war being over and you intended to disappear until a couple of the opposition were indicted for racketeering? Don’t hold your breadth. At this point we don’t know what the best disposition is of your information but have no fear, we will think of something appropriate. Regarding the Coyne information, you deserved immunity for that alone. California was bluffing, Vickers knew they were bluffing but he wanted to see what Ms. da Silveira and you would do about calling their bluff. You caved too soon; you could have had those agreements without disclosing Napoletano’s Cayman bank or his bottled water plant. In fact, you gave away too much but as good as she is, you are both amateurs so you can be excused for not knowing how good your cards really were.
Now to get down to cases, the director said you would send your thoughts and requirements for joining us. I thought we would have had them by now so I’m wondering whether you changed your mind? I like you Michael Thomas and I want to work with you and I respect what you did way back when for the director but I’m not bound by any fucking IIPA 1982 bullshit. If I want to out you I can do it in such a way that no one, and I mean no one will ever know it was I. And if you get back with the Canadian woman and she gets a new identity, I’ll out her too. Now let’s both calm down, no threats, just a couple of badass motherfuckers who are going to do great things together. Please send me your requirements ASAP, I’ll make sure they are properly addressed and we’ll get the show on the road. I hear we’re going to Coronado for a few weeks. I always wanted to see what those guys are made of so I’m looking forward to the trip.
Tyne wrote back:
I’ve been a little busy the last few days getting ready to play those cards. Tomorrow I’ll draft my expectations. From what I’ve seen so far I can’t imagine what I will ask for that will seem unreasonable. Later alligator…
He then wrote an e-mail to Catherine bringing her up to speed and he noticed with some satisfaction that she had at least read his last to her.