"Good morning, Maria," Phil said as he began his second phone call of the day.
"You sound pretty alert for someone who spent the night flying across most of the country," she answered cheerily.
"What time did you get in?" Maria asked.
"A little before two-thirty local time, but we were all up early and I got to have breakfast with my girlfriend, a nice omelet at the Officers Club," Phil reported.
"How's she holding up? She must have had a pretty terrible day, yesterday?" Maria suggested.
"She was in great spirits this morning, except for one thing," Phil answered.
"What's that?" Maria asked.
"She's jealous of you," Phil teased.
"I'm flattered. Did you tell her I'm old enough to be your mother and a grandmother on top of that?" Maria continued.
"I've tried, but she's not buying it," Phil answered.
"The judge is not here. He's up on the Hill again, but I have numbers. He doesn't have to testify today. It's just meetings, so I think you should hear from him in ten minutes or less," Maria said.
"He's very anxious to talk to you, but he didn't want to risk waking you earlier.
"Don't tell him I told you this, but he couldn't sleep last night and I didn't get much sleep either. You put quite a scare into all of us," Maria said.
"I am surprised you were able to sleep," she added.
"Surprisingly, I slept pretty well," Phil admitted candidly, "and Patty fell asleep on the plane.
"I called the hospital in Shreveport before breakfast," Phil continued, "and Mac is hurting pretty badly, but there's no infection. His vital signs have remained good since surgery. So, his doctors are encouraged."
Phil began his conversation with John Brinker recounting the visit of Judge Hawkins to the hospital.
"I'm very sorry we don't have any evidence tying Carlos Morello to Mac's shooting. Based on what I heard last night, even a hint would be enough for the judge to lock him up and throw away the key. He took the ambush as a personal attack on his hometown," Phil said.
"We are all just grateful that MacGregor is going to recover and that you weren't hurt," Phil's boss said.
"As to getting evidence on Morello, patience is the key. We all have the tendency to regard these thugs as supermen. But just like all the rest of us, they make mistakes. Morello's no different. If you keep him engaged long enough, you'll get the evidence you need to put him away. He'll make the mistake. And when he does, you'll be right there to nail him."
It was a lesson that Phil had heard before, but Phil was glad to hear that his boss had so much faith and confidence in Phil's ability.
"This is a little awkward," Phil began, "but it's something I need to ask.
"I understand that most of the people in the office up there call you Judge. Is it all right if I do?" Phil asked.
John Brinker laughed.
"Why don't you just call me John?" the assistant attorney general suggested.
Phil thought for a minute.
"I'm not sure I would feel comfortable with that. Is Judge all right?" he asked.
"If that's what you prefer, I'll feel honored by it," Phil's boss replied.
Phil's next call was to Eb. The state's special prosecutor had trouble believing what Phil told him about Judge Hawkins visit to the hospital.
"I've never heard anything like that about the old man before," Eb said, "but everyone I've spoken to since the attack has had pretty much the same reaction. Most people are ready to shoot Morello on sight."
Eb had nothing new on the search for the living suspects or on the identities of the two dead thugs and neither did Danny when the two talked a few minutes later.
Patty, wearing a borrowed Air Force flight jacket, and Angie were escorted into the place where the investigators' makeshift office space had been set up.
"Good morning," Phil called to Angie as he approached Patty with a kiss and hug.
Phil also received a hug and kiss of the cheek from Angie. Phil's girlfriend and Colonel Angelleli's wife had spent the night in the home of the base commander.
"So how's your new roommate?" Phil teased in a question to Angie.
"Does she snore?
"I'm afraid all that's out is coffee," Phil said to Patty, not waiting for an answer to his playful question, "but I would guess we could find you a cup of hot chocolate somewhere on this base."
"I had another cup after our breakfast, but I'm still cold," Patty replied, giving herself a slight hug to warm her hands and pull the bulky jacket closer to her skin.
Phil offered chairs to the ladies, topped off his own coffee cup and sat facing Patty and Angie.
"Harry said there was nothing on the news or in the papers this morning about the case that he hadn't heard last night. Do you know anything more that you can tell us?" Angie asked Phil.
"I'm afraid not. I spoke with Eb earlier and with Danny just a few minutes ago. These guys have just vanished. The news from the hospital is good, though. Mac's in a lot of pain, but there's no sign of infection yet.
"One piece of business I should probably pass on," Phil continued, "we keep our bags packed and closed in case we have to make a fast exit. I'm afraid it is usually just a matter of days before Morello's guys find us. At least, that's been the pattern so far.
"We suspected as much and have our bags ready for a quick escape," Angie explained.
"By the way, you're invited for lunch at the base commander's house."
Phil frowned apologetically.
"I'd better phone in my regrets. I have to have lunch with my best friend Vinny," he explained.
Vinny was overjoyed when the two sat down for their meal, going on at length about how glad he was Phil had survived the attack unhurt.
"I should call Mac's wife," the protected Mafioso said.
"Might be better if you had your wife do it," Phil suggested.
"We can set it up after lunch."
Phil was happy to see Vinny in such great spirits and decided the time was right for his big question.
"Who other than Morello and Sorrento would have been likely to know about the arrangements for the ambush?" Phil asked.
The expression on Vinny's face turned cold and serious and a period of silence began, but Phil looked straight at Vinny. Phil was prepared to wait for his answer and the expression on Phil's face told the mobster that Phil was entitled to an answer.
"When I tell you, you gonna give the guy the same kind of protection you're giving me?" Vinny asked finally.
"We're certainly prepared to do that, but we hope we don't have to. We want to be smarter in this matter than we were the day we showed up on your front porch. If we do it right, we hope that Morello and Zip won't know who gave up the operation," Phil said.
"How you gonna do that? There's nothin' Zip don't know," Vinny challenged.
"We're going to arrest Morello and Sorrento. We'll use federal material witness warrants. Have you ever heard of those?" Phil asked.
"Yeah, but maybe you better explain some more," Vinny responded.
The rest of lunch sat in front of the two getting cold.
"Material witness warrants are like nuclear weapons we have in Mafia cases. We go to a judge and tell him that we have good information that certain people have information about a crime that we need to make a case. The judge issues a warrant, and in this case the judge will go along with whatever we ask because he's pretty upset about these guys who shot up his town. We arrest the witnesses and lock them up and the appeals courts have given us wide latitude in keeping them in jail.
"In this particular case, you will give us one name, but we'll probably arrest five other people in the organization who don't know anything about the ambush in addition to the guy whose name you give me. Morello and Zip will figure we're just fishing. Eventually, when they make bail and everyone gets out it should be impossible for Morello to know who we were really after.
"But if we have even a hint they know, and keep in mind we've got wires and lots of sources in and around the organization, then we hold the real witness and put him in the program just like you," Phil said, then waited again for Vinny to answer.
"Zip figures it out and the guy gets popped," Gennuso challenged.
"Let's get real. There's a pretty good chance this guy's already set up to have an accident. Am I right?" Phil asked with a smile.
Vinny smiled back.
"After all, from Morello's point of view, this whole hit went terribly wrong. This guy's already in deep water for that," Phil added.
"Buddy Amalfitano," Vinny announced.
"He's the guy they always send to Chicago when the boss doesn't go himself. He's got a cousin whose one of Sam the Cigar's bodyguards. I'm not sayin' he knows. But if I was a bettin' man, he's the one I'd put money on," Vinny said.
Phil walked to the door, cracked it and called to Mo.
"Can you get Danny, please?" Phil asked.
In a couple of minutes Danny entered holding a folded sheet of paper. He sat down at the table.
"Buddy Amalfitano," Phil told Danny.
A big smile came over Danny's face.
"I knew it," he said and began unfolding the paper and removed a mechanical pencil from his shirt pocket.
First, Danny placed a check mark by Amalfitano's name on the paper, then checked two other names.
"These guys rank pretty close to Buddy?" Danny asked Vinny.
"Yeah, pretty much," Vinny confirmed.
"All right, pick me two more guys who you think are the most clueless on the list," Danny requested.
Vinny laughed, then pointed at two names.
"These guys are so stupid we can't send them for coffee," Vinny said, laughing again.
"That's how Zip will know we're fishin'," Danny explained.
"We're not even going to question Carlos or Zip," Danny continued, "which will probably mean they'll make bail first.
"All the others, we're going to tell them that you fingered them, that you said that Morello would never make a move without them. Amalfitano we're going to tell that we told the others the same thing, that you fingered them. Then we're going to tell him that we told them that just to give him cover, that we know he's the guy who made the arrangements, that if he doesn't play ball then and there we're going to charge him with conspiracy to murder a federal agent.
"We'll also tell him all the other crimes we have him on that we think we can make a case on. And we'll tell him if he doesn't cooperate, we'll leave him in jail when all the others make bond and we'll leave him unprotected in the general population.
"I suspect we'll also tell him that unless he cooperates, we'll arrest his cousin in Chicago and hold a press conference where we'll announce the cousin is under investigation in connection with the Shreveport shootout. Then we'll release the cousin," Danny said.
All the color had drained from Vinny's face. Danny knew he had the right strategy and left the room to put the plan into motion, but there was news from Shreveport only a few minutes later.
"What's up, Eb?" Phil asked the organized crime special prosecutor after being summoned to the phone.
"I'm sitting with Father Damien of St. John's cathedral. He brought two overseas wires with him. The first is a letter confirming that our two dead shooters are from Italy and identifying them by their first names. The letter states that both men lived in the Campania Region, which includes Naples. It also requests a Christian burial for the two and the presence of a priest.
"The second wire is a money order for ten-thousand dollars to pay for funeral costs and church expenses. The two wires were sent by an order of nuns in Rome. They say that the money and instructions were delivered by a man dressed in black who simply handed the envelope to a novice at the gate to their convent. All the money delivered to the nuns was cash. In addition to the ten-thousand dollars sent in the money order, there was an additional thousand dollars to pay for the wires. The money left over from the thousand was given to the poor," Eb said.
"I'll call Washington and give them the information, but two common first names of men from one of Italy's largest regions is not likely to be very helpful. As you will find out in a few minutes, our taskforce friends from New Orleans are likely to be too busy for a while to get involved with this, but let's settle this issue before we get into that," Phil responded.
"Can we legally release these bodies based on these wires? They don't seem to have any connection to the men's family's," Phil continued.
"I'll have to have someone research that," Eb admitted, "but it looks like these guys could be headed for a city pauper's burial. Father Damien says he's prepared to read scripture and say prayers at the gravesite, but he won't perform a Requiem Mass and his church won't accept any of the funds from the wire. He called it blood money."
"I guess we should also research whether any government entity can claim the money if St. John's is not willing to," Phil suggested.
"My guess is we can't and I'm not too interested in spending resources to find out, but we can set that aside until later," Eb answered.
"My inclination is to write the nuns a letter and ask them if they want the money back," Eb continued.
"That's an excellent idea," Phil agreed.
"Does Father need to speak to me?" Phil asked.
When the answer came back no, Eb told Phil he would call back in a few minutes to discuss the other business, then led the priest out of his office and thanked him for his communication and help.
It took less than two hours to round up Morello, Sorrento and their five underlings. Lawyers in Shreveport and New Orleans protested to judges for most of the seven hours it took to drive the Mafioso to Shreveport. By two a.m., all seven of the material witnesses were sound and secure in the Caddo Parish Jail.
Word spread quickly among the other inmates, but Morello and his men were kept separated from the rest of the jail population. Technically, they were being held for security purposes, not as criminal suspects.
At three o'clock that afternoon, Marcel LeClaire was in Judge Hawkins' court representing the United States. Seated at the other table with the seven witnesses were Johnny Pisanti and Billy Ruby. Among other things, Pisanti's and Ruby's clients were petitioning for bail. Judge Hawkins made a dramatic point, lifting a pile of legal filings about two feet high and dropping them loudly to his right on the bench.
"Mr. Ruby, Mr. Pisanti, that's all the stuff you've filed with this court since five o'clock yesterday afternoon," the judge announced.
Then, the old man reached down a second time, retrieved a slightly shorter stack of papers and plopped them on the left side of his bench. The crusty judge eyed both stacks of papers, then turned his attention to Buster LeClaire.
"Mr. LeClaire, I guess I'd have to use a ruler to be sure, but it appears the petitioners have outworked you a bit. Their pile of garbage appears a little taller than your pile."
The judge glowered down on the courtroom, daring anyone to so much as smile and leaving no doubt that he would jail for contempt the first person who did. The silence inside the room was complete. The only noise came from the streets outside.
"Gentlemen," the judge began after what seemed like several minutes, "this is not New Orleans and I'm not about waste my time reading all this gibberish you charged so handsomely for writing.
"These citizens are federal material witnesses. They're in Shreveport because I signed their warrants, an act I committed in full belief that they had knowledge of that Gunfight at the OK Corral that occurred only a few blocks from here just the other day.
"You two," the judge said pointing at Ruby and Pisanti, "seem to think I didn't know why these men in front of me were locked up, that I should let you bail them out. Let me make it clear. They're in jail to make sure they live long enough to tell the FBI what they know about those shootings and to make sure they don't run off somewhere to protect themselves from getting murdered before they talk.
"It's quite simple. After they've told the government everything they know on the record, they'll be free to go if they choose. If they'd rather remain under government protection, I'll arrange that as well. So you see, we have absolutely nothing to talk about here this afternoon," Judge Hawkins announced.
Billy Ruby was on his feet in a flash, knowing that the judge was about to rap his gavel and close the proceeding.
"My clients have told me this afternoon that they have been subjected to questioning that would constitute self-incrimination, your honor," Ruby protested.
"Sit down, Mr. Ruby," Judge Hawkins ordered.
"Respectfully Judge, I want to be present when my clients are questioned to make sure they don't accidentally say something that could be used against them in court," Ruby said, standing his ground.
The judge scowled with an expression of deadly menace until the mob lawyer was seated.
"Mr. Ruby, you know as well as I do that it's the responsibility of this court to protect the Fifth Amendment rights of these material witnesses and that I would never permit anything they might say in their capacity as a material witness to be used against them. However, in the name of fairness, I am prepared to go to the extreme.
"You, Mr. Ruby may sit with your client Mr. Morello whenever he is questioned, but you may speak only in protection of self-incrimination and for no other reason. You, Mr. Pisanti may be with your client Mr. Sorrento, but only for the same purpose. Otherwise you may not speak.
"For each of the other five witnesses, I will appoint a qualified member of the local bar to represent them during questioning under the same conditions," the judge, gavel in hand, concluded.
In the middle of the word "conditions," Judge Hawkins slammed the gavel.
"We are adjourned," he added before rising with amazing speed.
By the time those in court were on their feet, Judge Hawkins was passing through the door out of the courtroom. Buster LeClaire smiled at Eb, who had been seated on the front row of the gallery, picked up his leather satchel and headed for the door and the airport. Morello and his men would be spending another night in jail. Phil was elated when Eb recounted the details of the hearing over the phone.
Danny, an FBI agent with the taskforce, a stenographer and Billy Ruby were already in the interview room when Carlos Morello was led in by Caddo Parish deputies the next morning. Danny identified himself, then everyone else in the room for the record.
"Mr. Morello, have you ever met with or spoken by phone with Sam Giancana of Chicago, Illinois, or anyone associated with Sam Giancana for the purpose of arranging the death of Inspector Phil Adley of the United States Department of Justice?" Danny asked matter-of-factly, looking directly into Morello's murderous eyes.
"I," Ruby began before being quickly interrupted by Carlos Morello.
"I can do this, Billy," the mob boss said almost casually.
"I claim my privilege against self-incrimination under the rights granted to me by the US Constitution," Morello added in the same confident tone.
"That will be all, Mr. Morello. Your client is free to go, counselor," Danny said, turning his attention to Billy Ruby.
Fifteen minutes later, Zip Sorrento was led into same room and most of the scene was repeated. Danny's question was exactly the same and Sorrento's answer closely resembled that of his boss. When Morello and Sorrento met just before noon in Johnny Pisanti's conference room, it was decided that Morello would be driven back to New Orleans.
"You stay here," Morello told Zip, "and keep an eye on the jailbirds. This thing don't smell right."
When field agents reported to Danny that Carlos Morello had gone back to New Orleans without Sorrento, the treasury agent asked Detective Sam Boerne to arrange surveillance on Zip. City detectives would be used until Danny could bring up agents from New Orleans to watch the underboss and track the comings and goings. Danny wished he could get a wiretap; but so long as Sorrento was holing up in his lawyer's office, that was out of the question.
A fairly large common area at the jail was cleared and the five Mafioso from New Orleans were allowed to eat lunch together. One of the deputies told the group that their bosses had been questioned and released. It was two o'clock before Danny called in the first dummy witness. With all five, he would use scripted questions.
"I don't expect to get anything useful," he explained to Phil in a phone call.
"I just want them to all have the same information to talk about at dinner."
The five had regular jail food for their first meals in Shreveport. But for their evening meal, Danny had pizza sent in.
"Courtesy the United States Department of Justice," the deputy quipped as he handed over the hot pizzas around eight o'clock, after the last witness had been questioned.
"Sorry there's no wine, but there is some ice cream when you're finished," he said before leaving the Morello men to enjoy their special dinner.
There is no charge for reading this novel. If you like it, please refer your friends. Feel free to highlight, paste and print one copy for your private use. This novel is protected under U.S. Copyright and all rights are reserved. My email address is oakley.phil@gmail.com.
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