The Racketeer

The Racketeer Page 42

I wait for another delayed flight inside the sweltering terminal of V. C. Bird International Airport, but I'm not the least bit annoyed or anxious. By now, my fourth day on Antigua, my wristwatch is in a drawer and I'm on island time. The changes are subtle, but I am slowly purging my system of the frenetic habits of modern life. My movements are slower; my thoughts, uncluttered; my goals, nonexistent. I'm living for today and casting an occasional, lazy eye at tomorrow; other than that, don't bother me, mon.

Vanessa looks like a model when she bounces down the steps of the commuter flight from San Juan. A straw hat with a wide brim, designer shades, a summer dress that is delightfully short, and the easy grace of a woman who knows she's a knockout. Ten minutes later, we're in the Beetle and I have a hand on her thigh. She informs me she has been fired from her job because of excessive time off. And insubordination. We laugh. Who cares?

We go straight to lunch at the Great Reef Club, on a bluff overlooking the ocean, with a view that is hypnotic. The crowd is well-heeled and British. We are the only black diners, though all of the staff is of our kind. The food is just okay, and we vow to search out the local joints so we can eat with real people. I guess we're technically rich, but it seems impossible to think in those terms. We don't necessarily want the money as much as we want the freedom and security. I suppose we'll grow accustomed to a better life.

After a dip in the ocean, Vanessa wants to explore Antigua. We put the top down, find a reggae station on the radio, and fly along the narrow roads like two young lovers finally escaping. Rubbing her legs and watching her smile, I find it difficult to fathom that we have made it this far. I marvel at our luck.

The summit is at the Blue Waters Hotel, on the northwestern tip of the island. I walk into the colonial-style main house, into the breezy lobby, all alone. I spot a couple of agents in bad tourist clothing as they sip sodas and try to appear innocuous. A real tourist here has an easy, casual look, while a Fed posing as a tourist looks like a misfit. I wonder how many agents, assistant attorneys, deputy directors, et cetera, managed to wedge themselves into this quick little trip to the islands, spouses included of course, courtesy of Uncle Sam. I walk through archways, past gingerbread woodwork, along picket fences to a wing where business can be done.

We meet in a small suite on the second level, with a view of the beach. I am greeted by Victor Westlake, Stanley Mumphrey, and four other men whose names I don't even try to remember. Gone are the dark suits and drab ties, replaced by golf shirts and Bermuda shorts. Though it's early August, most of the pale legs in the room have not seen the sun. The mood is light; I've never seen so many smiles in such an important gathering. These men are elite crime fighters, accustomed to hard, humorless days, and this little diversion is a dream for them.

I have one final, nagging doubt that this could be a setup. I could be walking into a trap, with these boys ready to spring an indictment, a warrant, an extradition order, and whatever else it might take to drag me back to jail. In that event, Vanessa has a plan, one that assures the protection of our assets. She is two hundred yards away, waiting.

There are no surprises. We've talked enough on the phone to know the parameters, and we get down to business. On a speaker-phone, Stanley places a call to Roanoke, to the office of Dusty Shiver, who now represents not only Quinn Rucker but his sister Vanessa and me. When Dusty is on the phone, he makes some lame crack about missing all the fun down in Antigua. The Feds roar with laughter.

We first review the immunity agreement, which basically says the government will not prosecute me, Quinn, Vanessa Young, or Denton Rucker (a.k.a. Dee Ray) for any possible wrongdoing in the murder investigation of Judge Raymond Fawcett and Naomi Clary. It takes fourteen pages to say this, but I'm satisfied with the language. Dusty has reviewed it too and wants a couple of minor changes from Mumphrey's office. Being lawyers, they are required to haggle for a bit, but eventually come to terms. The document is redrafted, in the room, then signed and e-mailed to a federal magistrate on call in Roanoke. Thirty minutes later, a copy is e-mailed back with the magistrate's approval and signature. In a legal sense, we are now Teflon.

Quinn's freedom is a little more complicated. First, there is an Order of Dismissal that clears him of all charges relating to the murders, and it contains some benign language inserted by Mumphrey and his boys that attempts to soften the blame for their misguided prosecution. Dusty and I object, and the language is eventually removed. The order is e-mailed to the magistrate in Roanoke, and he signs it immediately.

Next is a Rule 35 motion to commute his sentence and set him free. It has been filed in the D.C. federal court from which he was sentenced for cocaine distribution, but Quinn is still in jail in Roanoke. I repeat what I've said several times already: I will not complete my end of the deal until Quinn has been released. Period. This has been agreed upon, but it takes the coordinated movements of several people, with instructions now coming from the speck of an island nation known as Antigua. Quinn's sentencing judge in D.C. is on board, but he's tied up in court. The U.S. Marshals Service feels the need to intrude and insists on moving Quinn when the time comes. At one point, five of the six lawyers in my meeting are on their cell phones, two while pecking away at laptops.

We take a break, and Vic Westlake asks me to join him for a cold drink. We find a table under a terrace beside a pool, away from the others, and order iced tea. He feigns frustration with the wasted time and so on. I am assuming he's wearing a wire of some variety, and he probably wants to talk about the gold. I'm all smiles, the laid-back Antiguan now, but my radar is on high alert.

"What if we need your testimony at trial?" he asks gravely. This has been discussed at length and I thought things were clear. "I know, I know, but what if we need some extra proof?"

Since he does not yet have the name of the killer, or the circumstances, this question is premature, and it's probably a warm-up to something else.

"My answer is no, okay? I've made that clear. I have no plans to ever return to the U.S. I'm seriously considering renouncing my citizenship and becoming a full-fledged Antiguan, and if I never set foot on U.S. soil again, I'll die a happy man."

"Somewhat of an overreaction, don't you think, Max?" he says in a tone I despise. "You now have full immunity."

"That might be easy for you to say, Vic, but then you've never spent time in prison for a crime you didn't commit. The Feds nailed me once and almost ruined my life; it's not going to happen again. I'm lucky in that I'm getting a second chance, and for some strange reason I'm a bit hesitant to subject myself to your jurisdiction again."

He sips his tea and wipes his mouth with a linen napkin. "A second chance. Sailing off into the sunset with a pot of gold."

I just stare at him. After a few seconds he says, a bit awkwardly, "We haven't discussed the gold, have we Max?"

"No."

"Let's give it a go, then. What gives you the right to keep it?"

I stare at a button on his shirt and say, clearly, "I don't know what you're talking about. I do not have any gold. Period."

"How about the three mini-bars in the photo you e-mailed last week?"

"That's evidence, and in due course I'll give them to you, along with the cigar box in the other photo. I suspect these little exhibits are covered with fingerprints, both Fawcett's and the killer's."

"Great, and the big question will be, Where's the rest of the gold?"

"I don't know."

"Okay. You must agree, Max, that it will be important to the prosecution of the killer to know what was in Judge Fawcett's safe. What got him killed? At some point, we'll have to know everything."

"Perhaps you won't know everything; you never will. There will be ample evidence to convict this killer. If the government botches the prosecution, it will not be my problem."

Another sip, a look of exasperation. Then, "You don't have the right to keep it, Max."

"Keep what?"

"The gold."

"I do not have the gold. But, speaking hypothetically, in a situation like this it seems to me the loot belongs to no one. It's certainly not the property of the government; it wasn't taken from the taxpayers. You never had possession of it, never had a claim. You've never seen it and you're not sure, at this point, if it even exists. It doesn't belong to the killer; he's a thief as well. He stole it from a public official who obtained it, we assume, through corruption. And if you could possibly identify the original source of the loot and tried to return it, those boys would either dive under a desk or run like hell. It's just out there, sort of in the clouds, like the Internet, owned by no one." I wave my hands at the sky as I finish this well-rehearsed response.

Westlake smiles because we both know the truth. There's a twinkle in his eye, as if he wants to laugh in surrender and say, "Helluva job." Of course, this doesn't happen.

We make our way back to the suite and are told that the judge in D.C. is still occupied with more important matters. I'm not about to lounge around the table with a bunch of federal boys, so I go for a walk on the beach. I call Vanessa, tell her things are proceeding slowly, and, no, I have not seen handcuffs or guns. So far, it's all aboveboard. Quinn should be released soon. She tells me Dee Ray is in Dusty's office waiting for their brother.

During his lunch break, the judge who had sentenced Quinn to seven years for trafficking reluctantly signed a Rule 35 order of commutation. The day before he had chatted with Stanley Mumphrey, Victor Westlake and his boss, George McTavey, and to underline the importance of what was before him, the Attorney General of the United States.

Quinn was immediately taken from the jail in Roanoke to the law offices of Dusty Shiver, where he hugged Dee Ray and changed into some jeans and a polo. One hundred and forty days after being arrested as a fugitive in Norfolk, Virginia, Quinn is a free man.

It's almost 2:30 by the time all the orders and documents are properly signed, examined, and verified, and at the last minute I step outside the room and call Dusty. He assures me we've "got 'em by the throat," all paperwork is in order, all rights are being protected, all promises are being fulfilled. "Start singing," he says with a laugh.

Six months after I arrived at the Louisville Federal Correctional Institution, I agreed to review the case of a drug dealer from Cincinnati. The court had badly miscalculated the term of his sentence, the mistake was obvious, and I filed a motion to get the guy released immediately with time already served. It was one of those rare occasions in which everything worked perfectly and quickly, and within two weeks the happy client went home. Not surprisingly, word spread through the prison and I was immediately hailed as a brilliant jailhouse lawyer capable of performing miracles. I was inundated with requests to review cases and do my magic, and it took a while for the buzz to die down.

Around this time, a guy we called Nattie entered my life and consumed more time than I wanted to give. He was a skinny white kid who'd been busted for meth distribution in West Virginia, and he was adamant that I review his case, snap my fingers, and get him out. I liked Nattie, so I looked at his papers and tried to convince him there was nothing I could do. He began talking about a payoff; at first there were vague references to a lot of money stashed somewhere, and some of it might be mine if I could only get Nattie out of prison. He refused to believe I could not help him. Instead of facing reality, he became more delusional, more convinced I could find a loophole, file a motion, and walk him out. At some point, he finally mentioned a quantity of gold bars, and I figured he had lost his mind. I rebuffed him, and to prove his point he told me the entire story. He swore me to secrecy and promised me half of the fortune if I would only help him.

As a child, Nattie was an accomplished petty thief, and in his teenage years drifted into the world of meth. He moved around a lot, dodging drug enforcement agents, bill collectors, deputies with warrants, fathers with pregnant daughters, and pissed-off rivals from other meth gangs. He tried several times to go straight but easily fell back into a life of crime. He was watching his cousins and friends ruin their lives with drugs, as addicts and convicted felons, and he really wanted something better. He had a job as a cashier in a country store, deep in the mountains around the small town of Ripplemead, when he was approached by a stranger who offered him $10 an hour for some manual labor. No one in the store had ever seen the stranger, nor would they ever again. Nattie was making $5 an hour, cash, off the books, and jumped at the chance to earn more. After work, Nattie met the stranger at a pre-arranged spot and followed him along a narrow dirt trail to an A-frame cabin wedged into the side of a steep hill, just above a small lake. The stranger introduced himself only as Ray, and Ray was driving a nice pickup truck with a wooden crate in the back. As it turned out, the crate contained a five-hundred-pound safe, too much for Ray to handle by himself. They rigged a pulley with a cable over a tree branch and managed to wrestle the safe out of the truck, onto the ground, and eventually into the basement of the cabin. It was tedious, backbreaking work, and it took almost three hours to get the safe inside. Ray paid him in cash, said thanks and good-bye.

Nattie told his brother, Gene, who was in the vicinity hiding from the sheriff two counties away. The brothers became curious about the safe and its contents, and decided to investigate. When they were certain Ray had left the cabin, they attempted to break in but were stopped by heavy oak doors, unbreakable glass, and thick dead bolts. So they simply removed an entire window in the basement. Inside, they could not locate the safe but did manage to identify Ray. Riffling through some papers at a worktable, they realized their neighbor was a big-shot federal judge over in Roanoke. There was even a newspaper article about an important trial involving uranium mining in Virginia, with the Honorable Raymond Fawcett presiding.

They drove to Roanoke, found the federal courthouse, and watched two hours of testimony. Nattie wore glasses and a baseball cap in case the judge might get bored and look around the courtroom. There were plenty of spectators and Ray never looked up. Convinced they were onto something, the brothers returned to the cabin, reentered through the basement window, and again searched for the safe. It had to be in the small basement because that was where Nattie and the judge had left it. One wall was lined with shelves and covered with thick law books, and the brothers became convinced there must be a hidden space behind the wall. They carefully removed each book, looked behind it, then replaced it. It took some time, but they eventually found a switch that opened a trapdoor. Once it swung open, the safe was just sitting there, at floor level, waiting to be opened. But that proved to be impossible because there was a digital keypad that, of course, required a coded entry. They toyed with it for a day or two, with no luck. They spent a lot of time in the cabin but were always careful about not leaving a trail. One Friday, Gene drove to Roanoke, about an hour away, went to the courtroom, checked on the judge, then hung around long enough for him to adjourn for the weekend, or until 9:00 a.m. Monday. Gene followed him to his apartment and watched him load his truck with what appeared to be a brown paper sack of groceries, a cooler, several bottles of wine, a gym bag, two bulky briefcases and a stack of books. Ray left his apartment, alone, and drove west. Gene called Nattie and said Ray was on his way. Nattie tidied up the cabin, replaced the basement window, swept away any boot prints in the dirt by the porch, and climbed a tree fifty yards away. Sure enough, an hour later Judge Fawcett arrived at the cabin, unloaded his truck, and promptly took a nap in a hammock on the porch as Nattie and Gene watched from the thick forest surrounding the A-frame. The following day, a Saturday, Judge Fawcett dragged his canoe to the water's edge, loaded two fishing rods and some bottled water, fired up a short, dark cigar, and shoved off across Lake Higgins. Nattie watched him with binoculars while Gene removed the window and hurried inside the cabin. The trapdoor was open, the safe was visible, but it was closed and locked. Out of luck again, Gene quickly left the basement, reinstalled the window, and retreated to the woods.

The boys were determined to find out what was in the safe, but they were also patient. Ray had no idea he was being watched, and if he was adding to his treasure each week, then there was no hurry. For the next two Fridays, Gene watched the exterior of the courthouse in Roanoke, but the judge worked late. A federal holiday was approaching, and they guessed the judge might get away for a long weekend. According to the newspaper articles, the bench trial was arduous and hotly contentious, with a lot of pressure on Judge Fawcett. They guessed correctly. At 2:00 p.m. Friday, the proceedings were adjourned until 9:00 a.m. the following Tuesday. Gene watched as Ray loaded up and headed for the lake, alone.

The cabin was too deep in the mountains for electricity or gas; thus, it had no air-conditioning or heating, except for a large fireplace. Food and beverages were kept on ice in the cooler Ray hauled back and forth. When he needed lights to read by at night, he cranked up a small gas generator outside the basement, and its low, muffled sound echoed through the valley. Usually, though, the judge was asleep by 9:00 p.m.

The basement was one room and one closet, a narrow space with small double doors. Inside the closet, Ray stored stuff that appeared to be forgotten - hunting clothes, boots, and a pile of old quilts and blankets. Gene cooked up the plan of hiding Nattie in there, for hours, with the idea that through the tiniest of cracks in one of the doors, he would be able to watch as the judge opened the safe and stashed away whatever it was he was hiding. Nattie, at five feet seven and 130 pounds, had a long history of hiding in cracks and crevices, though he was initially reluctant to spend the night in the closet. The plan was revised yet again.

On the Friday before Columbus Day, Judge Fawcett arrived at his cabin around 6:00 p.m. and took his time unloading the truck. Nattie was curled up in the basement closet, virtually invisible amid the hunting clothes, blankets, and quilts. He had a pistol in his pocket in the event things went wrong. Gene was watching from the trees, also with a gun. They were nervous as hell, but also wildly excited. As Ray went about his business of settling in, he lit a cigar and the entire cabin soon smelled of rich tobacco smoke. He took his time, talked to himself, hummed the same song over and over, and eventually hauled a bulky briefcase to the basement. Nattie was hardly breathing as he watched the judge remove a law book from a shelf, flip the hidden switch, and pull the trapdoor open. He punched in the code on the keypad and opened the safe. It was filled with cigar boxes. He backed away and removed another cigar box from the briefcase. He paused for a second, lifted the lid, and took out a beautiful little gold ingot. He admired it, caressed it, then returned it to the box, which he then placed carefully in the safe. Another cigar box followed, then he quickly closed the safe, programmed the code, and closed the trapdoor.

Nattie's heart was pounding so violently he worried about shaking the entire closet, but he urged himself to stay calm. As he was leaving, the judge noticed the crack in the closet door and shoved it tight.

Around 7:00 p.m., he lit another cigar, poured a glass of white wine, and sat in a rocker on the porch to watch the sun fade over the mountains. After dark, he turned on the generator and puttered around the cabin until ten, when he turned it off and went to bed. As the cabin became still and quiet, Gene appeared from the woods and banged on the door. Who is it? Ray demanded angrily from inside. Gene said he was looking for his dog. Ray opened the door and they spoke through the screen. Gene explained he had a cabin about a mile away, on the other side of the lake, and his beloved dog, Yank, had disappeared. Ray was not the least bit friendly and said he had seen no dogs in the vicinity. Gene thanked him and left. When Nattie heard the banging and the conversation upstairs, he quietly sneaked out of the closet and left through a basement door. He was unable to relock the dead bolt, and the boys figured the judge would scratch his head and remain confused as to why the door wasn't properly locked. By then, they would be lost in the woods. The judge would search and search but would find no signs of entry, nothing missing, and would eventually forget about it.

Naturally, the brothers were stunned at what they had learned, and they began making plans to rob the safe. It would require an altercation with the judge, and probably violence, but they were determined to follow through. Two weekends passed and the judge stayed in Roanoke. Then three.

While watching the cabin, and the judge, Gene and Nattie had returned to their meth business because they were broke. Before they could get the gold, they were busted by DEA agents. Gene was killed, and Nattie went away to prison.

He waited five years before he strong-armed Judge Fawcett, tortured Naomi Clary, robbed the safe, and executed both of them.

"And who, exactly, is Nattie?" Westlake asks. All six of the men are staring at me.

"His name is Nathan Edward Cooley, and you'll find him in the city jail in Montego Bay, Jamaica. Take your time, he's not going anywhere."

"Might he also be known as Nathaniel Coley, your friend with the fake passport?"

"That's him. He's looking at twenty years in a Jamaican prison, so he might make this easy for you. My hunch is that Nattie will happily plead guilty to a life sentence in a U.S. prison, no parole of course, anything to get out of Jamaica. Offer him a deal, and you won't have to bother with a trial."

There is a long pause as they catch their collective breath. Finally, Vic asks, "Is there anything you have not thought of?"

"Sure. But I'd rather not share it with you."