What She Found (Tracy Crosswhite #9)(85)

“There was a cloth sleeve over the can, so it was never checked for fingerprints back when it was found, and it’s no longer available.”

“So you can’t prove it’s the can. And Larry Childress, from what I saw on television, isn’t exactly a friendly witness. But for the sake of argument, let’s say you can put Childress at that site. What have you proven?”

“That Slocum was killed because he was going to provide an investigative reporter with evidence that the Egregious was raided two nights before the crewmen washed ashore.”

“But you can’t prove the killer. Not to beat this poor horse, but you’re no closer to the Last Line. I’m sorry, Tracy, but unless you can get something solid to testify as to who killed Slocum, then you’re going to have a problem. In theory, if you could prove the murder, you might be able to charge Moss with being an accessory after the fact. You could argue Slocum witnessed the raid and was killed to prevent him from telling Childress about the raid and everything else, and that Moss helped to cover up the murder by calling it a suicide, but that’s several big ifs. Not to mention defense attorneys would be screaming prejudice about these charges being brought decades after the alleged crimes, the loss of witnesses, faded memories, blah, blah, blah. My suspicion? My suspicion is that this came up in 2002 when Jack Flynt first raised it, the federal prosecutors kicked the tires the way we’re kicking them, and they ultimately came to the conclusion that most of the cases were barred by the statute of limitations and there just wasn’t enough solid evidence to get a conviction on Slocum’s murder, and they decided it best to shut it down and move forward.”

Tracy knew Cerrabone was just stating the truth, but her frustration built as each avenue she pursued reached a roadblock.

“What about a conspiracy charge?”

“RICO?” The Racketeer Influenced and Corrupt Organizations Act provided law enforcement with a powerful tool against the leaders of a group formed to engage in organized crime and illegal acts, like the mafia. Leaders could be tried for crimes they ordered others to commit.

“It’s an interesting argument. But the defense will argue the Last Line was not created to engage in illegal acts, though it certainly appears illegal acts were perpetrated. Whether the argument might win would most likely depend on the judge hearing the matter. If you get a judge pissed off enough about what happened, he or she just might agree. It would at least be a bargaining chip that might give you some leverage. The question is, are there any Last Line members still alive who might be willing to talk, and what exactly did they know? Rick Tombs is dead, and he appears to have been the primary conspirator, the guy you really want for those crimes. Those remaining haven’t spoken in twenty-five years and might believe there’s no reason to start talking now. They’ll lawyer up, and the lawyers will know you have statute of limitations problems.”

“I’m thinking more about the murder of David Slocum and the two crewmen.”

“I know you are, but you haven’t told me anything solid that ties the Last Line to the two crewmen, or to Slocum’s death. Do you have admissible evidence to do that?”

At the moment, Tracy didn’t. She had hoped she could convince Cerrabone, or the feds, to at least threaten to bring RICO charges. If she could, it was possible that one of the Last Line members might talk. The problem, however, as Cerrabone counseled, was no one had yet come forward. And no prosecutor was going to bring a charge just so a detective could flush the rats out of the sewer.

“Three men died, Rick. Slocum was murdered in cold blood.”

“Didn’t you tell me the ME’s report was inconclusive?”

Tracy had. “How could anyone look at this situation and think justice was served?”

“It’s not about whether justice was served, Tracy. It’s about whether guilt can be proven. I just don’t see it. Not now. Not after all this time. The statute of limitations exists for this very reason, to protect against stale claims and the loss of evidence and the loss of witnesses and their recollection. I wish I was wrong. I hope you can prove me wrong. If you can, I’ll go after the people. You know I will.

But now? Now you don’t have nearly enough.”





C H A P T E R 3 3

Tracy met Del and Faz late afternoon in the back room at Fazzio’s. She told them the outcome of her conversation with Rick Cerrabone. “The statute of limitations likely protects all of them against any drug or theft charges. As for the deaths of the two drowned men, and the murder of David Slocum, without something else more substantial, Cerrabone doesn’t see a way to bring a case.

He said there just isn’t enough solid evidence for it to ever hold up.”

“We need someone to tell us what happened,” Del said.

“And if no one has spoken in all this time, it’s unlikely they’re going to start now,” Faz said. “Especially since Tombs is dead. We don’t know how many on this task force were even dirty and if any are still alive.”

“I’m going to talk to Moss. Maybe I can bluff him, tell him I’m going to come clean, that I’m going to spill what happened,” Del said.

“He’s retired, Del, and the statute protects him from criminal prosecution. What good is that going to do?” Faz said.

“Maybe we can pressure him,” Tracy said. “Maybe we tell him he’s looking at an accessory after-the-fact charge in the death of David Slocum, but that we’d recommend that the prosecutor cut him a deal if he provides state’s evidence and tells us what happened. Or if that doesn’t work, we tell him we’ll keep his name out of the newspaper to protect his reputation. He won’t be a rat and he’ll still be the big man at his golf club. That has to be worth something.”