The Whole Nine Yards Ch 02

This story is part of an ongoing series.

The chronological order of my stories is listed in WifeWatchman's biography.

Feedback and

constructive

criticism is very much appreciated, and I encourage feedback for ideas.

This story contains graphic scenes, language and actions that might be extremely offensive to some people. These scenes, words and actions are used only for the literary purposes of this story. The author does not condone murder, racism, racial language, violence, rape or violence against women, and any depictions of any of these in this story should not be construed as acceptance of the above.

***

Part 9 - The UNION in Federal Court

"This is Bettina Wurtzburg, KXTC Channel Two News!" shouted the redheaded MILF reporterette at 7:00am, Monday, July 20th, from the copse of trees near the Courthouse complex, with said Courthouse in the background.. "Police Commander Donald Troy is once again hauled into Court!"

Bettina began: "Federal Judge Ruth B. Taney has scheduled a hearing this morning at the Federal Courthouse in Midtown to determine if the Police Union's Federal lawsuit against Commander Troy and the TCPD can go forward. Sources tell Channel Two News that Judge Taney is looking for alternative solutions to a long, dragged-out fight in Court."

Bettina: "And pressure is mounting on Councilwoman Kelly Carnes to apologize for remarks made by her about ADA Paulina Patterson's daughter. Channel Two News has learned that several Council Members are going to try to have Mrs. Carnes permanently removed from the Council due to her language, which some have called racist and others have called inappropriate."

Bettina: "And political

experts

are confused and concerned by Mrs. Carnes's opponent Bill Redmond's silence on the issue of her remarks. Mr. Redmond has made no public statements on the issue, and his Campaign says they currently have no plans to run any ads focusing on his opponent's words..."

* * * * * * * * * * * * * *

"Oooh, you're looking sharp, Commander." said Captain Tanya P. Muscone as we watched the Bettina broadcast in my office with Sheriff Antonio Griswold and Lt. Commander Teresa Croyle. "You too, Sheriff."

"Good asskissing skills." Griswold growled. I was wearing my 'ribbon' Uniform jacket, the semi-formal uniform just one step below wearing medals, with one silver star on each epaulette on my shoulders. Griswold was similarly attired in his 'ribbon' Sheriff jacket, with four gold stars gleaming on the epaulettes of the jacket as well as the collars of his shirt.

"We're flying down to Midtown with Mike Todd," I said, "for our hearing with Federal Judge Taney."

"The Chief isn't flying down with you?" Teresa asked.

"No." I said. "He had a 'get-together' with Molly, Frank Soltis, and 'Coldiron' Masters in Midtown yesterday, and stayed overnight." Molly, Soltis, and Masters were Moynahan's team when they were with the Midtown PD, and their bonds were not unlike my bonds with my Angels.

"How do you think the hearing will go?" asked Tanya.

"I have no idea." I said truthfully. "Judge Taney is pretty Leftist herself, but either we or the Union will appeal anything she hands down that we or the Union doesn't like. Mike thinks Judge Taney will look for a compromise solution both sides will accept." The Sheriff nodded vigorously in agreement.

"How was your weekend?" Teresa asked me.

"Good." I said. "Today is my wedding anniversary, so Laura and I celebrated yesterday with a day out, then dinner at the Chop House last night. Of course, she will find a bouquet of roses on her desk when she arrives at work this morning."

"Awwww." chorused my Angels. Teresa said "How long?"

"Seven years." I said. "Hard to believe."

"Well, you two are well past the seven-year-itch stage." Tanya said with a wicked grin. Teresa pretended to be scandalized as I waved a red crowbar in Lady Ironside's general direction. The Sheriff's mustaches quivered merrily.

After discussing what my Angels did this weekend (stay at home with husbands and kids), Teresa asked "It looks like Bettina is now on the Kelly Carnes story, and off the Breonna Bryant story. After you came out this weekend and said you'd be asking Paulina to press full charges, I figured Bettina would give you '

the whole nine yards

'. Why didn't she?"

"I'm not sure." I said. "Part if it is so she can concentrate on the Kelly Carnes story. Don't be fooled by Bettina's rhetoric... she's trying to save Carnes. If she, Carnes, does not apologize publicly for what she said about Tasha, she

will

be expelled from the Council at tomorrow night's meeting. And she knows good and well that her lawsuit will be crushed immediately."

"I don't get why Bill Redmond hasn't pounced on that." Tanya said.

"That's an 'Easy Button' answer." I said. "Redmond's son Shawn was Carole's classmate until Shawn tried to frame that black kid Jameis and Carole exposed Shawn as the real perp." (

Author's note: 'Black and Blue', Ch, 01

) "Bill Redmond hates me immeasurably now, and the main two reasons he's running are to try to do something about the school taxes and revenues, and also to get me fired from the TCPD."

I continued: "So practically speaking, he may think that if he comes out against Carnes's racist hate speech, he'll look like he's a black sympathizer and will lose votes. But at a deeper level, it's more: what some people don't full realize is that Shawn Redmond became a little white racist because his father is a big-time white racist. Bill Redmond had

no

issue with

my

daughter being called that."

"I think his silence will come back to bite him in the ass." growled the Sheriff. "Okay, Crowbar, let's get on down to Midtown..."

* * * * * * * * * * * * * *

Police Sergeant Andrew Prince and I flew the TCPD Bell 206 along the course of the River to Midtown, with Mike G. Todd and Sheriff Griswold in the back seat. We landed at Midtown Police Headquarters. A Midtown PD van, courtesy of Chief Soltis, transported us to the United States Courthouse and Post Office in Midtown.

Upon signing in, Police Officers (and the Sheriff) in uniform were allowed to keep our firearms, and of course I had the red crowbar. We were then ushered to the waiting room of the Chambers of Judge Ruth B. Taney. As we waited, others trickled in: Robert Kalsu and Lt. Jerome Davis had driven down. Chief Moynahan came in, as well.

Then, coming in all at once, were the Union Reps, former Police Officer McCombs, Officer McElwane, and Gwen Munson, as McElwane's legal representation. McCombs's hateful stare at me was more than match by my stare at him... which was just one of several of the Police Officers in the room.

"How's Inga?" I asked Jerome Davis as he sat down next to me at my bidding.

"The doctors say she's improving." said Jerome. "They're saying they may bring her out of her induced coma as early as this weekend."

"That's great." I said. "When they do, take all the time you need to be at the Hospital."

"Thank you, sir." said Jerome.

At 10:00am, we were ushered into the Chambers of Judge Taney. She was sitting at her desk, and there were plenty of chairs in front of the desk in the large office. I made a mental note to tell Tanya Muscone to get an appointment as a Federal Judge, since the offices were apparently not a problem with regard to size.

Federal Judge Ruth B. Taney looked very much in the face like my sister Elizabeth, especially since she was wearing spectacles identical to what my sister wore. Taney was at least a decade older than Elizabeth, and while her hair was styled the same way my sister's was, it was gray with the occasional silver streak. Her body type was similar, as well, but her legs were nowhere near Elizabeth's magnificent legs.

There was one hardback chair, and I immediately took it, knowing my back would likely need it. Everyone else found chairs, naturally dividing between the Union and the TCPD.

"Everyone be seated, please." said Judge Taney. "There's coffee and water at the back table; feel free to get some at any time." No one moved; it would have been more than impolite to get up and get coffee at this point in the hearing with the Federal Judge.

Her eyes affixed onto me, and I could tell she was giving me the once-over. Then she gave a little smile and said: "It's easy to see who the Iron Crowbar is, so I'll ask the rest of you to introduce yourselves." When that was done, she said "The formal hearing will be in the Courtroom, but I am hoping that a formal hearing won't be necessary and that we can come to a resolution in this more informal setting. So, let's hear from the Union side first."

This was not unusual; it was like pre-trial motions being debated in a Judge's Chambers. The first Union Rep, the guy in the expensive suit that Kalsu and Davis (and others) had gotten to calling 'The Suit', said "With all due respect, Your Honor, we request the formal hearing immediately... so that we can put Donald Troy on the stand and force him to testify under oath."

Mike G. Todd said "Your Honor, as I filed in one of my briefs, Commander Troy was accused by the Federal Government some months go of several crimes, in which they forged a document to get a warrant to search his home. They ended up destroying his home, and on purpose, but my point is that Commander Troy took the Fifth in that case. And as he has never been given immunity for the Federal charges, he remains obligated to not testify in Federal Courts." (

Author's note: 'No Way Out'.

)

'Your Honor, that's absurd." said Gwen Munson. "That's another case, and this is to get to the truth of this case------"

"Hold it right there." said Judge Taney, giving Munson a freezing stare. "Young lady, do not

ever

tell me when someone's right to Fifth Amendment protection applies or doesn't." Turning to the Union Rep, she said "I agree with Mr. Todd. If and when Commander Troy is put on the stand, he'll reassert his rights under the Fifth Amendment, and that will be that."

"Then, Your Honor," said the Rep, "if Troy won't testify, we'll ask you to summarily find for our side, including firing Commander Troy."

"Which won't happen." said Judge Taney. "So why don't we begin discussing the particulars of this case..."

* * * * * * * * * * * * * *

It was a grueling next hour, and there were times I wished it

was

a formal hearing. Several times the Union's people and lawyers interrupted ours, especially Kalsu and Davis, and the Judge seemed okay to let it be freewheeling... until our people pushed back, and then the Judge would tell us (especially Kalsu and Davis) to let the Union Reps finish their sentences.

However, it was not all one-sided, and it was becoming clear to Detectives with red crowbars that Judge Taney was becoming irritated at one person in particular... Gwen Munson.

"The situation with you, Officer McElwane." said the Judge. "Officer, you are claiming that Commander Troy interrogated you after you asked for Union representation?"

"Yes, Your Honor." said McElwane.

"Even though the audio and video tapes show that he asked you no questions?" asked the Judge.

"Your Honor," said 'The Suit' Union Rep, "we're asserting that Commander Troy pressured the Officer in violation of the Officer's rights, and while he may not have actually asked a question, we believe that's a dodge... Commander Troy acted in a way to pressure the Officer into answering future questions without the Union representation the Officer had asked for."

"Your Honor," said Gwen, "this is something we want to question Commander Troy about...

under oath.

.

"I can ask him now." said Judge Taney. "Commander, isn't it semantics that you're saying you asked no questions, but you pressured Officer McElwane to submit to questions?"

"May I, Your Honor?" asked Chief Moynahan. Judge Taney nodded, and the Chief said "We, meaning the TCPD and our Internal Affairs Department, were attempting to clarify-------"

"Why can't Commander Troy answer this himself?" Gwen Munson said loudly, looking over at the Chief. "And

under oath?

"

"Because I allowed Chief Moynahan to speak." said Judge Taney, her eyes conveying a clear message to Munson. "Chief?"

"As I was saying, Your Honor," said the Chief, "part of our rejection of the Union's claim is that as a Police Officer, McElwane is obligated to answer our questions clarifying his Police report. And asking for a Union Rep is not the same as a suspect taking the Fifth and asking for a lawyer."

"We're grieving Commander Troy's actions that showed his intent to get around the Officer's right to Union representation, Your Honor." growled the Union Rep.

"And you're assuming that was his intent?" asked Judge Taney.

"That's what we want to ask Commander Troy about." said Gwen Munson. "On the stand.

Under oath.

" She apparently did not understand the nature of the Federal Judge's glare at her.

And some few momenta later, as the Union Rep accused the Iron Crowbar of assaulting McCombs, Mike Todd said "That's not true, Your Honor. He's just outright lying."

"Then let's put Commander Troy on the stand!" Gwen Munson practically shouted. 'And make him deny it...

under oath.

"

Judge Taney had had just about enough. "We'll take a ten minute recess. I need to talk to the Union lawyer in my private study." she said, getting up. "The rest of you can take a potty break or get coffee."

They went into the private side room. The Union Reps ran to get coffee. Kalsu and Davis went for the doughnuts; they must be Police Officers, I thought to myself. Sheriff Griswold and Chief Moynahan were not beaten to the potty. They must be old Police Officers with old bladders, I thought to myself.

"How do you think it's going?" the Sheriff whispered to me when he got back. "Any idea why she wanted to talk to the Union lawyer alone?"

"My vibe says she's pissed at Munson." I replied quietly. "She's probably telling him that Gwen's about to cross the line for continuing to push for me to have to testify under oath, and could be held in Contempt. That's a Federal Judge, not Harry R. Nance."

Griswold growled "Munson has a way of winning friends and influencing people, doesn't she. But why is she so eager to have you testify under oath, and keeps pushing that?"

I said "We now know what her real motive is, and that of 'The Suit', as well. They were hoping to force me to testify under oath, then they'd ambush me and ask about the Morelli case, hoping the Judge would force me to answer. But the Judge beat that back hard."

"So none of this is about the grievances?" the Sheriff asked.

"Yes and no, sir." I said. "Munson's lodestone was getting me on the stand under oath, on behalf of her fellow Swamp Frogs. 'The Suit' is still trying to get me fired over the grievances, and thought me reasserting the Fifth would help him with that."

"I've still got a bad vibe about it." Griswold whispered. "What's your sense of it?"

I replied "The only grievance that has merit is McElwane's, and even if the Judge says I was totally wrong, it's not something I could be fired over. The McCombs grievance will never be upheld, and he'll never be allowed to return to the Force..."

* * * * * * * * * * * * * *

The Judge's conference with the lawyer lasted well over the expected ten minutes, and at one point she stepped out and called 'The Suit' into the room.

"The rooms keep getting smaller." I said to the TCPD Officers and the Sheriff.

"What do you mean, Crowbar?" asked the Sheriff.

"We're here for a hearing in the Courtroom." I said. "She brought us into her Chambers, a smaller room, for a less formal, private session. Now she's brought some of them into a smaller room for an even smaller, more private session. What's next? Session in a bathroom stall?" Kalsu and Davis laughed out loud at that. Good asskissing skills, I knew the Sheriff was thinking.

"That's where this whole thing belongs, if you ask me." growled the Sheriff. Kalsu and Davis laughed some more.

A moment later, the Union lawyer came out and took Gwen Munson aside. He began whispering to her, and then she began angrily whispering back. It looked like it might become heated, but Gwen finally nodded, her head downcast.

The Union Rep came out, trying to look angry. But I saw a slight gleam in his eyes when he glanced in my direction, and I knew something was up.

"Commander Troy," said Judge Taney, appearing in the door, "may I see you alone for a moment?"

* * * * * * * * * * * * * *

The side room was sparsely furnished, with a table, a couple of chairs, a phone, and a plug-in for a computer connection. I suspected that it originally had been a large storage closet, and was converted to a small room where a Judge could take a phone call or look at something privately if people were in his or her Chambers.

"Thank you for coming today, Commander." said Judge Taney, sitting down and inviting me to do so with a hand gesture. "I hope we can get this resolved quickly."

"Yes ma'am." I said, keeping it a bit stiff and formal. I wasn't sure where she was taking this.

Judge Taney said "I can tell you right now, though it's not official, formal, or on the record, that there's no prayer for returning Sergeant McCombs to the TCPD. He'd become a target for demonstrators, and while this is not an accusation against your Officers, the man would not be safe."

I could take that as an insult, as impugning the integrity of my Officers, or I could let it go because it was the truth: like 'Sergeant' Sharples before him, McCombs had worked his way into a situation that if he did come back to the Force, he'd be 'fragged'.

I said nothing, so Judge Taney continued: "The Union is really pushing me to have the formal hearing, and they're going to call you to the stand. And I really need to understand what went on with Officer McElwane. So maybe we can avoid a full hearing, if you'll talk with me here, in the privacy of this room."

"I can do that, Your Honor." I said. "But I think it might be best if my lawyer, Mr. Todd, joins us."

"Oh, that's not necessary." said Judge Taney. "It's just a conversation. I'm not interrogating you."

Like seeing an opponent's plan in a chess game, I realized what she was doing. And like in a chess game, a part of me admired the opponent's plan.

I smiled and said "With respect, Your Honor, I cannot allow you to think I'm an Agency of the Weak-Minded. You are doing to me now what the Union is accusing me of doing to McElwane."

Judge Taney had a little smile on her face, but her eyes showed her true feelings on how her action had failed. "As I've heard about you many times, Mr. Iron Crowbar... not much gets past you."

I said "Thank you. But to answer you, I think I should have that lawyer with me... unless you'd like to give me a written Immunity Agreement?"

Judge Taney smiled a little more. "So who's being Machiavellian now? No, I don't think I can do that, at least not in the here and now. But you can see the similarities between your situation with the FBI, and McElwane's situation with you."

"Again with respect, Your Honor," I said, "it's not the same thing at all. In the first place, the ATF and FBI formally accused me of criminal actions. An ATF Agent pulled a gun on my six-year-old daughter and tried to kill her and a Police dog. By way of contrast, McElwane was not charged with a crime, we were only trying to clarify his report, and I was surprised at his actions in so vehemently requesting Union representation."

After a few more minutes of conversation about the McElwane situation, Judge Taney said "I understand you wrote the new Town & County Charter?"

I was surprised to hear that, since I knew she knew it. "I was the Chairman of the Commission that wrote it." I replied.