Ellie was about to log onto her computer when she caught sight of Max Donovan through the open slats of the blinds that covered Lieutenant Robin Tucker’s office. Tucker stood, walked to her office door, and poked her head into the squad room.
“Good timing, you two. A quick word?”
Rogan shot Ellie a look that made her wish she’d checked Max’s message in the car. “This can’t be good.”
CHAPTER THIRTEEN
6:00 P.M.
“ADA Donovan has an update for us on the Sparks case.” Robin Tucker leaned back in her chair and smiled in Ellie’s direction. “We should thank him for the special attention he’s shown by coming here in person to deliver the news.”
Ellie knew it was a dig from her lieutenant about her personal relationship with an assistant district attorney—a relationship that was undoubtedly behind Max’s decision to make the trip from the courthouse.
“Apparently yesterday wasn’t a big enough win for Sparks. I got papers delivered to my office this morning from Ramon Guerrero.”
“What more could they possibly want? Our motion for access to Sparks’s files went down in flames. I got smacked with a contempt charge.”
“They fucking slaughtered us,” Rogan said.
“Well, Guerrero wants another pound of flesh. His motion demands access to all evidence gathered by the NYPD in relation to the death of one Robert Mancini.”
“That’s ridiculous,” Ellie said.
Rogan chimed in. “Tell them to take their motion and stick it up—”
Robin Tucker made a T sign with her hands. “Will you two let the man speak? He’s trying to tell you where things stand.”
“Well, of course the motion’s frivolous,” Donovan said. “The mere fact that Sparks has a connection is insufficient to give him any claim to access to the investigation. And they can’t rely on public records laws because it’s obviously an ongoing investigation.”
“So is this just a big-firm lawyer trying to run up his bill?” Rogan asked.
Max ran a hand through his already tousled brown hair. “No, or at least, that’s not the only reason. Guerrero’s good. He knows he’s got a judge who wants to please him.”
“But supposedly Bandon’s solid,” Rogan said. Judges earned reputations with law enforcement. Bandon was known as a straight shooter—tough on crime, but fair to both sides.
Max nodded. “That he is, but for a reason. Bandon’s not the kind of guy whose career ends with the state trial court. He was a major player in DOJ in the nineties, then got a sweet special counsel hookup at a major law firm. He’s only pulling duty as a local judge to perfect his resumé for the federal bench, and rumor is, his name’s finally coming up. No more elections. Better cases. Higher prestige. It’s basically every lawyer’s dream gig. So, yeah, for three years, he’s been as solid as solid comes. But for our purposes, on this case, at this particular time, he might be a little too solid. Someone like Sparks’s got the ear of the machine that pulls those political appointment strings.”
“So he’s just going to turn over our entire case to Sparks? That’s blatantly illegal.”
Max shook his head. “No. Bandon knows there’s no merit to Guerrero’s motion. In fact, his clerk called me this morning right after the papers were served and basically said the whole thing is bullshit. But then something must’ve changed his mind, because Bandon’s clerk called back again about”—he looked at his watch—“a little under an hour ago.”
Rogan threw Ellie a worried look as she was already picturing a loose-lipped Kristen Woods, with freshly arched brows, dishing to her boss about this afternoon’s surprise fishing expedition.
“So what exactly are we looking at?” she asked.
Max frowned. “Bandon wants to throw Guerrero a bone. I figure he’s trying to send a message to Sparks that he did all he could.”
“Which is?” Rogan asked.
“Bandon wants a briefing, under oath, about where things stand. And then from there he wants updates on the case.”
Ellie and Rogan were only two people, but from the cacophony in Tucker’s office, they could have been the entire studio audience of The Jerry Springer Show.
“Can he do that?” Rogan finally demanded.
“Not typically,” Max said. “There’s a separation of powers issue. We’re the executive. He’s the judiciary. He has no claim to a general right to access information that we possess in an investigation.”
“Okay, so once again, tell them where they can stick that motion.”
Max looked at Ellie, and she knew what was coming. “He says this isn’t a typical case. He says there’s at least a colorable claim that the NYPD is harassing Sam Sparks—”
Rogan was already shaking his head, but Ellie held up a hand, wanting to hear the rest of the explanation.
“Bandon says it’s a colorable claim, that’s all. And that in light of the jurisdiction he has over the matter given Guerrero’s demand for discovery, he’s ordering this process as temporary relief. It’s basically a middle ground. The way he explained it to me, he’s essentially protecting us—you, really, the police”—he looked again at Ellie—“from a harassment suit by intervening.”
“Tell him to bring it on,” Rogan said. “He’s gotten kid gloves compared to anyone else who’d be in his position. Bring it the fuck on. Let him sue.”
Rogan looked to his partner for validation, but Ellie just stared at the speckled earth-tone linoleum of Tucker’s office floor. If Max was here, instead of the courthouse, it was because he had already tried to fight on her behalf.
“I already ran it up the chain,” he said, confirming her suspicions. “Knight thinks it’s best if we play along.” Knight was the chief prosecutor of the trial unit at the district attorney’s office and was also Max’s boss. “It’s just a matter of meeting with Bandon in chambers—in camera—no Sparks, no Guerrero, not even a court reporter—and then I’ll informally notify him of any further material developments. Like I said, it’s really just for show. Bandon comes out looking good to Sparks. Nothing on the record shows he’s doing some rich ass a favor—”
“And we’re going to play along,” Rogan said. He didn’t bother to hide the sarcasm.
Ellie finally spoke up. “Donovan’s right. Bandon’s probably helping us out.”
Robin Tucker looked at Ellie with raised eyebrows. It was a look of surprised approval.
“And Rogan should be the one to do the in camera session with Judge Bandon.”
“What? So I can serve some time, too?”
“So I won’t be an issue. So Bandon will see we’ve dealt with Sparks on the up-and-up.”
“That’s a good idea,” Max said quietly. “Thank you.”
“Okay, so we’re all done here?” Tucker said. “Happy campers all around?”
No one looked happy, but no one was protesting. “That was easier than I thought. Now get out of here. I’ve got a kid waiting at home for dinner.”
Rogan didn’t bother waiting until they were back to their desks before reconstructing the events that must have led to Judge Bandon’s phone call to Max Donovan that afternoon.
“Your girl Kristen Woods gave us up,” he said once they had both crossed the threshold of Tucker’s office.
“I assumed the same thing.”
“So much for the sisterhood of the traveling pantsuits,” he said.
“Well, Woods is more of a miniskirt and stiletto heels type anyway.” Ellie tried to muster a smile as she lowered herself into her worn vinyl-upholstered desk chair. “Given the timing, she must’ve called Sparks the second we left her on the street.”