Make Sure You're Right

Sarah’s mind swirled with angry thoughts as she drove. The Mayor was still inside her head. A jolt from an unnoticed pothole brought her back to reality. Sarah knew the Mayor would not budge on the budget. She knew that going in. She needed a plan to break through the impasse. That plan would involve a visit with former Chief Bill Keck, either on the golf course or at his favorite lunch café. Their friendship had grown from a professional boss-employee relationship to a respectful need for one another. Bill Keck became Sarah’s mentor after Senior Detective Carl Franken died. After Mayor Kamen fired Bill Keck, Sarah became his connection to his past, to his history as a long-serving Chief of Police. She still hoped that he would be reinstated. She liked her life before the changes. Sarah knew the Mayor was right. Her arrest of Joseph Elsea could have been done differently. Her focus was entirely on the evidence, not the process. Councilman Elsea had become a friend. Even something of a confidant and secondary mentor. Joseph Elsea was the one who invited Sarah to join a regular Saturday golf foursome that included Chief Keck and Planning Commissioner Harley Kosac. On the day of the arrest, it was all Sarah could do to retain her composure, to not allow her personal feelings to interfere with her job. It was tough. She simply allowed Joseph to talk before she cuffed him, before she placed him under arrest. Now, the homicide and drug distribution case against Joseph Elsea could be in jeopardy because she did not read him his Miranda Rights. At least, that was what the Mayor’s accusation implied. She pointed her car toward the County Courthouse and District Attorney Charles Dunn’s office. Devaney was the county seat of its county. The county was heavily populated for a mid-American rural state. Almost two-hundred thousand people. Only sixty to seventy thousand of them lived inside Devaney city limits, a fact that was steadily changing. Most of those people lived in smaller towns that scrambled to keep Devaney from engulfing them. Annexation was the strategy of Mayor Kamen in her push for more stringent control over the surrounding areas. The environment was her agenda. For reasons shrouded in the mists of time, the County Court House was across town from City Hall. Sarah drove with a frustration releasing grip on the wheel. DA Dunn was in court and unavailable. A setback for Sarah’s troubled mind. Assistant DA Marcie Ignack was scurrying between her office and a courtroom, ferrying requested information to the DA. Her trademark loose lock of blonde hair bounced between her nose and her ear, partially obscuring one eye. The lock changed side periodically to suggest an air of randomness to it. The errant tress coupled with a liberal application of rouge on her otherwise pale cheeks projected a busy, harried persona. It was a look that appealed to attentive jurors. “Sarah,” she called out when she saw Sarah in the hallway. “You look down. What’s up?” Sarah smiled. She and Marcie were compatible as friends, one calm, the other hyper. Marcie knew the law. The Assistant DA was not handling Councilman Elsea’s case, but she might know the DA’s feelings regarding the possibility of a conviction. “I was hoping to talk with the DA, to get an idea of how the preparation was progressing on the Elsea case.” “Oh.” Marcie seemed perplexed. “As far as I can tell, everything is progressing as it should. You did know Clara is representing him, didn’t you?” Sarah winced. Clara Taylor was a mature attorney, skills honed by years of experience as a defense lawyer. A winning lawyer. More often than not, Clara would find a legal loophole that would either get a favorable jury ruling or get reduced charges and sentencing. Clara Taylor would doggedly pursue any mistake by law enforcement or the Prosecutor and make it the focal point of her case. There was no doubt in Sarah’s mind that it would be part of Clara’s strategy to make Joseph Elsea’s pre-Miranda confession inadmissible. The confession was not the primary evidence against the former Councilman, but Clara could taint the entire case against him with legal mumbo-jumbo. She was that good. “I knew that, and I’m not surprised. Like everyone else in this town, Joseph knows she’s his best bet.” “I’m glad the DA has decided to handle that one,” Marcie said as she brushed the blonde strand away from her eye, only to have it droop back into its designed position. She squeezed the folder she was carrying against her diaphragm, forcing her breasts higher into the deep V of her blouse. Another practiced move in a world dominated by men. She used any distraction to gain the advantage in the pursuit of justice. Sarah proceeded cautiously. Even Marcie could not reveal everything to everyone. “Do you know if the evidence is solid enough for the DA to prosecute successfully? I really take this one personally.” Marcie laughed lightly. “Sarah, I wouldn’t worry about it, at least not just yet. And I know what has you bugged. Even if Clara can squelch the confession as a Miranda violation, you had your ducks in a row before Elsea spilled his guts.” Sarah grinned sheepishly. “Am I that transparent?” Marcie reached to pat Sarah’s forearm. “Not usually, but … yeah, this time you are. What has you worried about it now? Some sudden realization? A bad dream?” Sarah shrugged, partially relieved by Marcie’s answer and appreciative of the sincere concern. “I had not given it much thought until the Mayor made a comment.” “The Mayor. Humph. That explains a lot. She’s not big on law enforcement, is she? Except, of course, the environmental laws that she creates.” Marcie worked for the County. She had a broader vision of the city’s politics that most people. She did not answer to the Mayor and was glad of it. “No,” Sarah sighed and smirked. “And it’s budget time. I watched Chief Keck fight that battle year after year, but I never truly understood the stress. Now, I suppose it’s my turn.” “Well, worry about your budget, not the case. There’s plenty of legal precedent to support the admissibility of Elsea’s confession if that helps settle your mind. You weren’t interrogating him. You simply asked “why did you do it” without vocalized threat of arrest. He spilled his guts.” “That helps me feel better. I just wish I had thought about it before I arrested him.” “Miranda Rights are triggered once the suspect is taken into custody. According to your statement, his confession came during a conversation prior to arrest. You’re good. And besides, like I said, there’s plenty of evidence and at least one unimpeachable witness. It’s a solid case. He got his rights before booking. Now, back to the Mayor …” Marcie cocked her head toward Sarah to prompt her to respond. Sarah shook her head and smiled bemusedly. “I have to wonder if every police chief in the country has to deal with a mayor like Jordon Kamen.” Marcie blew at her errant strand and smiled greeting to a passer-by. “I imagine some are worse. Stand up to her.” “I have to remember the power of the man … or woman … with the power. The Mayor can fire me on a whim. The only way Chief Keck has a chance to be reinstated is if I am still in position.” “First of all, Chief Keck will not be reinstated. Give up on that. From what I hear, he’s happy as a retiree, living it up on the golf course and playing with his grandkids.” Sarah scowled. “I didn’t want this job. I only took it because it would help Chief Keck and Devaney PD.” “And you being Chief does both of those things.” “How does it help the Chief?” Marcie chuckled. “He can enjoy his retirement stress-free with the knowledge the department is in good hands, and the city is safe.”