Counselor: Uh-huh. What were these other arrests…there? In the fifties.
Diamond: Pyramid schemes. You know, chain letters. At the time everyone was doing it. I didn't even know it was illegal until it was too late.
Carr skipped fifteen or so pages.
Diamond: So after I got out…it was my second prison sentence…I bought this bar in Long Beach. Nice place, but eventually guys I knew from the joint kept coming around and got me involved in phony race-track tickets. I didn't have anything to do with printing, you understand. It was a wrong-place/right-time sort of thing. They got me on a conspiracy.
Counselor: The rap sheet says accessory to murder.
Diamond: That's the way it wound up. It was an argument over the tickets. They used a gun I had behind the bar for protection…I'm not trying to make excuses. I don't want you to get the wrong idea…
Carr began flipping pages rapidly.
"He sounds like a confidence man," Kelly said.
"The urinary-problem act shows great imagination," Carr said. "I wonder if he got the private cell he wanted?"
Finally he found a prison status sheet signed by a counselor recommending that Diamond be provided with a single cell for medical reasons. "Here it is," he said.
Kelly laughed.
Carr flipped through to the last page of the folder. It read:
Details of Offense-Pre-Release Summary
Parolee Diamond acted as a principal in a major stock swindle involving the fraudulent sale of undeveloped tracts of land near the Colorado River. During the course of this conspiracy he was also involved in a confidence scheme involving the proposed sale of nonexistent smuggled gold to a wealthy Los Angeles jeweler. Diamond and two accomplices drove the jeweler from Las Vegas to a pay phone in San Diego to await a phone call from a supposed Mexican gold smuggler, who was to deliver the contraband. The jeweler refused to part with the money in his briefcase until he saw the gold. When the phone rang, the jeweler stepped out of the vehicle to answer it. At this point Diamond and his accomplices grabbed his briefcase from him and departed in their vehicle at a high rate of speed. The jeweler fired at Diamond's vehicle with a.38 caliber revolver, wounding the driver. The driver was subsequently admitted to a hospital near San Ysidro suffering multiple gunshot wounds. He implicated Diamond and agreed to testify for the government, as did the jeweler. Federal prosecution was authorized since Diamond and his accomplices had crossed state lines during commission of the crime. Parolee Diamond was convicted on all counts and completed the full five years of his sentence, no time off for good behavior.
Carr tore Diamond's photograph from inside the folder.
"This is our man. He's a rip-off artist," Carr said. He took the mug photos of red-haired men out of his coat pocket and flipped through them.
"What are you doing?" Kelly asked.
"Diamond's picture wasn't among the photos we were checking out. We would never have found him." Carr dropped the photos into the wastebasket.
"Here's his current address." Kelly took a pen and small note pad from his inside coat pocket. "It's 4126 Marshall Avenue. If I remember right, this should be just above Hollywood Boulevard; toiletland, U.S.A." He wrote down the address and put the note pad back in his pocket.
EIGHTEEN
Carr closed the folder and put it back in the file drawer.
"We headed for Hollywood?" Kelly smiled and rubbed his hands.
"Not yet," said Carr, leaning against the cabinet. He stared at Diamond's mug shot. "I think we'd better talk to the U.S. attorney."
"But we don't have enough for a warrant on Diamond."
"We do for Ronnie, because we can identify him. We saw him go into the motel room. We can get a John Doe warrant for assault on a federal officer. It's best to have the warrant in hand when we make the pinch. Then there'll be no question about procedure when he goes to court."
"You mean we set up a surveillance on Diamond and wait until he meets with Ronnie, then make the pinch, right?"
"Right." Carr flicked Diamond's mug photo with his finger.
"If we start a surveillance," Kelly said, "we might end up following him around from now till hell freezes over and he might never meet up with Ronnie."
Carr said, "What happens if we pick up Diamond and he won't talk? You know the odds. He refuses to cop out and we have to let him go; he calls Ronnie and tips him off. Ronnie splits and we'll never find him."
Kelly rubbed his eyes. "I guess you're right. I just don't like he idea of getting the mushhead U.S. attorneys in on the case too soon. You know how they are."
Carr nodded.
"Well, I guess it's up the elevator to the Ivory Tower." Kelly sighed.
They walked past the clerk.
"Wait a second, you guys!" said the clerk. "Whataya say for the game tonight? Dodgers or Pirates?"
"Pirates all the way," Carr said.
"I hope you're right. I've got ten bucks on 'em." He folded the sports page in half
"Good luck," Carr said.
In the elevator, Kelly pushed the button for the thirteenth floor.
"Let me do the talking," Carr said.
The elevator door opened onto a large and handsomely carpeted waiting room. Smiling photos of the president and the attorney general stared at one another from spotless walls. Air conditioning made the room chilly.
A frail secretary showed them into a comfortably furnished office with a Stanford diploma on the wall. John Blair was on the phone, thick lips touching the mouthpiece. Blair was a young man with an abundance of what some would describe as baby fat: rosy cheeks, puffy neck, fraternity-house beer belly. He wore the latest gold-wire-frame spectacles. His hair was a styling-salon natural.
"Gotta go now, hon. See you at five-thirty or so, depending on the freeway, ya know." He put down the receiver and pointed to two chairs.
They sat down.
"Well, well, Charlie and Jack, the old guard of the Treasury Department." His voice was youthful. "What can I do for you this fine day?"
"I want a John Doe warrant for the guy who killed Rico de Fiore."
"Have you found the killer?" he said. He doodled on a yellow pad.
"We're starting a surveillance on a residence in Hollywood where we think he might show up. I want to have a warrant in hand when we take him just so there'll be no legal technicalities popping up later. I want to make sure there are no loopholes in this case."
"I'm glad you came in, Charlie. I've been wanting to get together with you fellas on the prosecution angle ever since it happened. There is a problem, ya know." He stopped doodling.
"No, I don't know," Carr said. "We watched this Ronnie or whoever he is walk into the motel room. We heard the shotgun. We went in the room seconds later and found Rico shot dead. If that doesn't mean a certain conviction for Ronnie when we catch him, I don't know anything about the law. Rico sure as hell didn't kill himself "
Blair scratched his natural. It appeared stiff with hair spray. "No, that's not the problem. The problem is self-defense. It's a one-on-one situation, ya know."
"How do you mean?" Kelly said.
"If you arrest this Ronnie and he goes to trial, you know he can take the stand and say he drew his gun and fired in self-defense after the other man started to pull his gun. Rico was working undercover. He was acting the part of a criminal, you know? Don't forget that. All Ronnie will have to do is take the stand and admit that he is a seller of counterfeit money. He'll say that in the motel room this surly-looking Italian, whom he firmly believed to be a Mafia lieutenant, tried to steal his counterfeit money and he had to defend himself. Ya know? He might even say that Rico identified himself as a T-man and reached for his ankle gun but he didn't believe it and defended himself from a possible rip-off. The physical evidence shows that Rico's pants leg was up and thus he may have reached for his ankle gun. As you know, the defense is entitled to a copy of all the coroner's reports and everything; that's the law. They'll use whatever defense fits the facts the best. Ya know?"