Law & Order Story: Secrets

 Chapter 1

As Jack McCoy climbed the steps of the 27th precinct, he pulled his coat tighter to keep out the wind. Typical late fall weather. He should have been on his way home by now. This should have been Abbie Carmichael's call. But he had offered to take it, knowing she had an early arraignment the next morning. So here he was, 7 PM, on his way to hear some sad story or declaration of innocence from yet another upstanding citizen accused of murder. The man had already been brought in once for questioning regarding the death of his business partner. He smiled to himself when he recalled Carmichael's comments after she had returned from that meeting. "His attorney didn't even try to stop the cops when they were grilling her client. She just stood there. I almost felt sorry for the guy. I think she's in way over her head. Her business card reads, 'Corporate Contract Attorney'. You would think he could tell the difference between a defense and a business attorney." But the man hadn't confessed, despite the circumstantial evidence: employees who had overheard the two arguing loudly, and the usual cash flow trouble with their well-known architectural firm. But thanks to an anonymous tip Detective Lennie Briscoe had received, a search of the suspect's apartment had produced a gun of the right style and caliber. That, coupled with a less than knowledgeable attorney, might get a quick plea and dinner at a reasonable hour. He sighed. Right.

As he entered the interrogation area, he heard Briscoe's gruff voice.

"Counselor. To what do we owe the honor of being graced with your presence tonight?"

He smiled at the good-natured crack. "Just lucky, I guess. And the sooner we get this over with, the sooner I get out of here and let you get back to your poker game or whatever else I'm keeping you from." He shrugged out of his coat and tossed it and his briefcase onto a table.

"As much as I'd love to oblige you, we're still waiting for Fairchild's lawyer. And we hope to shortly have the ballistics report back on the gun, as well. Found it in his sock drawer, if you can believe that. We've already read him his rights. Ed has been trying to sweet-talk a confession out of him."

"So where are you hiding him?" McCoy asked.

"Right this way," Briscoe replied, leading the way to the small observation area of an interrogation room.

The two men stood at the one way glass. Inside was a blond-haired man sitting at the far end of a table, looking very uncomfortable. Sitting on the table a couple of feet from him was Briscoe's partner, Ed Green. Briscoe tapped on the glass. After a few more seconds of conversation, Green got up and came out, closing the door behind him. The man inside sat back in his chair and looked only slightly more comfortable.

"Says he won't give me the time of day until his attorney gets here," Green said, shaking his head.

"Umm. Can't wait," Briscoe commented. Noticing the sideways glance McCoy gave him, he added, "Blue eyes, long brown hair. Looks great in a pair of jeans."

His partner shook his head as the three left the small room. "Right about the jeans, wrong about the eyes," he said with a smile. "They're green, not blue."

"Can I get you some coffee, Counselor?" Briscoe asked.

"Not right now, thanks," McCoy answered, settling on the edge of a near-by desk.

"Wonder what's keeping the ballistics report?" Green asked. "I told them to put a rush on it."

"Their idea of rushing is sometime before the turn of the next century," Briscoe grumbled.

"Well looks like we don't have to wait for Fairchild's attorney any longer," Green said, nodding toward the door.

"And it looks like we disturbed her gym time," Briscoe quipped. "She doesn't look too happy about it, either."

McCoy looked over his shoulder to see a petite woman coming toward them. She was wearing close fitting black exercise pants, a blue fleece jacket, and running shoes. She walked past him quickly, eyes intent on the two detectives, oblivious to McCoy. As she passed, he glimpsed an attractive face framed with dark hair held back with a simple hairband. She stopped in front of the two men with her back to him, revealing long, wispy curls falling to the middle of her back.

Planting her feet slightly apart and crossing her arms she began icily, "Detectives. Is it not true that my client and I have cooperated fully with you up until now?"

Briscoe and Green exchanged glances. "Sure," Briscoe shrugged, sounding a little confused.

"Do you think it was really necessary to arrest my client at his place of business, handcuffing him in front of his employees, to drag him down here? A simple phone call would have yielded the same results, avoiding a trip to his office for you, and a great deal of embarrassment for him."

"We were just following procedure, Ms. Morgan. We routinely handcuff all suspects," Green answered tactfully.

"All suspects, Detective? Or are you allowed to use your own discretion?" she asked coldly.

"He's a murder suspect, Counselor," Briscoe chimed in. "In our opinion, that warrants more than a phone call."

"And when my client is cleared of all pending charges, do you intend to return to his place of business and apologize to him in front of his employees?"

Briscoe and Green exchanged disbelieving looks.

"I didn't think so," she continued. "Maybe next time you will consider a suspect's willingness to cooperate and his good standing in the community before you humiliate him."

"We'll keep that in mind, Counselor," Green answered quickly, heading off any less tactful remark on the tip of Briscoe's tongue.

"Thank you," she said, her tone softer. "May I please see my client now?"

"Of course. He's waiting right in here." Green motioned the way to the interrogation room, allowing her to precede him.

McCoy had watched the entire exchange with amusement. As he slid off of the desk, he smiled at the eye-rolling look Briscoe gave him. He followed slowly, entering the small room as the door closed behind the woman.

"I guess we were supposed to send out engraved invitations," Briscoe smirked.

"But you gotta admit, Lennie, she talks to us a lot nicer than most attorneys," Green said, giving McCoy a pointed look. "Even when she's angry."

"Yeah, and she does look good when she's angry," Briscoe agreed.

McCoy grinned at their conversation, but his eyes were on the room beyond the glass. Morgan was standing in front of the blond man in much the same way she had stood in front of the detectives: feet apart, arms crossed. Her back was to him, but he had a clear view of her client's face. And he looked like a kid who had been caught with his hand in the cookie jar.

"She doesn't look any happier with him than she did with the two of you," he commented, his eyes never leaving the scene in front of him. She had started to pace, eyes on the floor as she listened, obviously intent on her clients' words.

"Well, I'm going to go get that coffee now," Briscoe said, turning toward the door. "Sure I can't bring you some, Counselor?"

"Maybe later," he replied as Briscoe left the room.

"And I'm going to go see if I can light a fire under the lab and get that ballistics report," Green added, following him out.

McCoy watched as the woman stopped pacing and sat in a chair facing the man, with her back toward the door. She leaned forward in the chair as he continued talking. After another moment, he stopped and looked at her apprehensively. She sat back and propped an elbow on the table, fingers rubbing her temple. Then she nodded slowly and a look of relief flooded his face.

Briscoe returned with his coffee. It smelled good.

"Did I miss anything?" he asked, joining McCoy at the window.

"Hard to tell from here," he noted.

The suspect seemed to be listening to his attorney intently. After a moment, she stood up and placed her hand on his shoulder. He nodded and she turned toward the door.

She came out slowly as Green returned. Looking at the detectives, she asked a bit hesitantly, "Would it be possible for me to take a look at the search warrant?"

"Sure. I'll get it," Green volunteered.

As he left, her eyes settled on McCoy. Noting the look, Briscoe motioned to him and said, "Counselor, I don't believe you've met the Executive A.D.A. assigned to this case. Calea Morgan, this is Jack McCoy."

He clearly saw a flicker of surprise cross her face as he took a couple of steps toward her. She moved forward to meet him and held out her hand. "It's nice to meet you, Mr. McCoy."

"Same here," he said as he took her hand. It felt small inside of his, but her grip was firm and steady. He found himself looking down into her eyes: definitely blue. But it was their intensity that held his. She looked at him the way his mother always had, as if she could see right through him and read his thoughts. He found it a bit unsettling coming from someone he had just met.

Green came back into the room and her attention turned to him.

"Here is a copy for your records," he said, handing her the paper.

"Thank you," she replied, taking it from him and beginning to study it carefully. After a moment she said slowly, "If I understand this correctly, you obtained the warrant due to a phone tip from an informant? Which of you took the call?"

"I did," Briscoe answered.

She was biting the inside of her lip. "Is it normal for you to obtain a search warrant on a tip from an anonymous source?"

"Happens all the time," Briscoe assured her. "Some of our tips come from informants we've worked with in the past, but not all of them."

"You didn't recognize the voice as someone you have worked with before?"

"There really wasn't time to identify it. The caller was very specific with the information and very brief." He didn't like where the conversation was going.

"How brief?" she asked as she continued to study the paper.

"Maybe a minute or so," he shrugged, adding sarcastically, "just long enough to give us what we needed to nail your client."

She glanced up at him before returning to the paper. After another second she said, "Well, it looks like everything is in order." She looked at the three men. "I suppose you would like to question my client now."

"That would be helpful," Green agreed.

She turned to the door, but then paused, looking from Briscoe to Green. "About what I said when I came in: I apologize if I seemed rude. It's been a long day." She gave them a slight smile.

"No problem," Green said. "We know the feeling."

Nodding, she opened the door and preceded them into the room. "These gentlemen would like to ask you some questions, Peter." Indicating McCoy, she said. "This is Mr. McCoy, from the District Attorney's office." She stood behind her client and, motioning to the chairs, said, "Please sit down," as if she were inviting them to tea. The detectives took a chair on either side of Fairchild. Although he would have preferred to stand in the background and observe, McCoy did as she said, sitting at the far end of the table.

"So Mr. Fairchild," Green started, "what can you tell us about the gun we found in your apartment?"

Fairchild sat with his hands folded on the table in front of him. "Neither my wife nor I own a gun, and I have no idea how the one you found got into my home." He looked at the men earnestly.

"Is that the best you can do?" Briscoe asked incredulously. "We found it underneath your socks. If you didn't put it there, who did?"

"I don't know," Fairchild answered simply.

Green leaned forward and smiled, his eyes warm. "Surely you must see our problem with that answer. Evan Carpelli is dead. Some of your employees overheard the two of you quarrel. Money was tight. And now we find a gun just like the one used to kill your partner, in your apartment. It's hard to believe you don't know something about it."

Fairchild shook his head. "I know how it looks, but I didn't kill Evan. The business was financially sound. And like I told you before, we were partners for ten years. We didn't always agree on everything. Sometimes we fought. But we always worked things out. It's how we built such a successful business in the first place. I certainly had no reason to kill him."

"Then explain to us how the gun got into your apartment," Briscoe advised, sounding irritated.

"I can't," Fairchild replied, spreading his hands out. "I don't understand that myself. We have two small children. We would never keep a gun in our home. It's too dangerous. My wife and I agreed that the risks of gun ownership outweighed the benefits, before we ever had kids. It isn't my gun."

"You say it isn't your gun," Briscoe stated intensely. "So maybe you borrowed it from someone. And you say you wouldn't keep a gun in your home for the safety of the little tykes. So maybe you just put it in with your socks to keep it warm until you could get rid of it. However you look at it, the fact is we found it in your home. And I'll bet you that as soon as we get the lab report, not only will it say it's the same gun that killed Evan Carpelli, but it will also say that your fingerprints were all over it."

McCoy had been watching Fairchild carefully. Not that he believed his claim about the gun, but the guy seemed pretty calm about it. He glanced up to find Fairchild's attorney studying him with those intense eyes. She had moved back to lean against the wall directly behind her client. And Carmichael had been right. So far, she hadn't said a word since the questioning had started. Maybe she didn't know she could stop it. Maybe she was in over her head. He met her gaze for a moment before returning it to Fairchild. Green was reasoning with him calmly.

"Mr. Fairchild, if you or your wife didn't put the gun there, can you offer any other explanation as to how it did get into your apartment?"

He sighed. "Someone must have put it there to make it look like I killed Evan. But I don't know how they could have done that. And I don't have any idea who would have."

"So you're trying to convince us you're being framed for killing your partner, even though we have all this evidence convincing us that you're the one who did it?" Briscoe asked sarcastically. "Do you think we just started doing this yesterday? Evidence doesn't lie, Fairchild. And our evidence says you're guilty."

Green leaned forward and said sympathetically, "Look, if the two of you had a fight and things got out of hand, we can understand that. Your business is very important to you. If your partner was falling down on his end of the job, you'd have every right to be angry with him. You're the one who started the business. Maybe it meant more to you than it did to him. You had a right to protect what you worked so hard to build."

"The business was fine," Fairchild answered steadily.

"Then why don't you help us out?" Green suggested. "You can start by telling us what happened last Monday night."

"I already told you: I left the office at 8:30. Evan was still there, alive. I took some blueprints to an aide in the mayor's office. I left there about 10:00 and I got home at 11:00. I ate dinner and I went to bed. I didn't know anything about Evan until I got to the office the next morning."

"And no one saw you drive into the parking garage, no one saw you go into your apartment, and your wife and kids were at grandma's." Briscoe was becoming irate. "We call that 'no alibi'."

Morgan's movement caught McCoy's eye as she left her spot to move unobtrusively along the wall, stopping at a point behind Green. With her hands behind her, she leaned back again and continued watching the interrogation.

"I've told you the truth. I don't know what else you want me to say." Fairchild was beginning to sound tired.

Green sat back, letting his partner take over. Briscoe got up to sit on the edge of the table, leaning forward into Fairchild's face. Raising his voice he offered, "The truth is, you went back to your office after your meeting at the mayor's office and finished the fight you started earlier with your partner. Only this time, you made sure you got in the last word. Then you went home, hid the gun and got a good night's sleep so you could act properly surprised when you got to your office the next morning and received the shocking news of your partner's death."

"I went straight home after I left the mayor's office. I didn't go back to my office." Under the intensity of Briscoe's questioning, Fairchild was beginning to look shaken. He glanced at his attorney.

McCoy caught the look and quickly turned his attention to the woman. Her eyes were locked with her client's and she was standing up straight, no longer leaning against the wall. But she made no move to rescue him.

Green was saying, "You can help yourself by telling us the truth, Mr. Fairchild."

"And if you don't start helping yourself, we're going to help you into a cell at Rikers," Briscoe countered.

Fairchild shook his head. "I've told you the truth from the start. There is nothing more I can tell you. I didn't kill Evan and I don't know who did."

McCoy glanced at the attorney again. She had settled back against the wall, but was watching her client closely.

Briscoe leaned forward into Fairchild's face again but was stopped short by a knock on the door. It was opened by Lieutenant Anita Van Buren.

"Briscoe," she motioned for him to follow her.

He turned back to Fairchild. "Don't go anywhere," he smirked, and got up.

When he had left the room, Green asked him kindly, "Would you like some coffee, Mr. Fairchild?"

The man nodded. "Yes, I would, thank you."

Green got up and turned to the woman. "Can I get you anything, Ms. Morgan?"

"No, thank you." As Green walked toward the door, she looked at McCoy. "May I please have a moment with my client?"

He nodded, getting up. As he closed the door behind him, he heard Green say, "They told me they would send it down as soon as it was finished."

"Well, the technician finished it and left, instructing the person coming on duty to send it to us. But then they got swamped and it didn't get sent," Van Buren was explaining. "The person I talked to said she would fax it in a few minutes."

"Morons," Briscoe complained. "Can't they just tell us over the phone if it's a match?"

"Evidently not," Van Buren continued. "So take a break. You're not getting anywhere with Fairchild anyway."

"He's starting to tire," Green said. "Maybe I could chat with him alone. Tell him how Lennie is waiting for the evidence that's going to put him away. Who knows what he might say to keep you out of his face?" he grinned at Briscoe. "I'll get him some coffee," he said as Briscoe followed him out of the observation area.

McCoy had been listening to their conversation while watching the two people inside the small room. Van Buren came to stand quietly beside him.

"So what does Mrs. Fairchild have to say about all of this?" he asked her.

"Pretty much the same thing he does. The partners sometimes argued, but her husband had no reason to kill him. She can't vouch for him the night of the murder because she was at his parent's in Albany, with their two and four year old. He called her on his cell phone a little after 8:30 to talk to the kids before they went to sleep. She came home the next day after she heard the news. That all checked out. She wasn't home today when the detectives got to the apartment with the warrant. The super let them in. She came in before they found the gun and seemed genuinely upset when she saw it. The detectives were convinced enough that she didn't know anything about it, that after questioning her there, they didn't feel it was necessary to bring her in."

Green returned with two coffees. "You have a phone call, Lieutenant."

She excused herself and Green turned to McCoy. "I could use a few minutes alone with Fairchild. Care to distract his lawyer for a while?"

McCoy smiled. "I'll see what I can do." After knocking on the door, he opened it for Green.

"Ms. Morgan, could I have a word with you?" McCoy asked, holding the door open.

"Of course," she replied.

Green handed Fairchild his coffee, and then perched on the table.

When she was through the door, McCoy closed it behind them. She walked a few paces and turned, stopping at the far edge of the glass window. He noticed she had a perfect view of her client's face.

Slipping her hands in her jacket pockets, she asked, "What can I do for you, Mr. McCoy?"

He leaned against the opposite edge of the window. "You can convince your client that unless he wants to tell his feeble story at a trial and take his chances with twelve intelligent people, he should tell us what really happened. Then maybe we can talk about a plea."

She turned her head to look into the room and asked, "What makes you think he isn't telling you what really happened?" When she looked back at him, her expression was serious.

"Your client had a motive. Detective Briscoe is waiting for the lab report on what is most likely the murder weapon, which was found in his home. He has no alibi for the time of the murder. You have to admit his story isn't very convincing."

"And you think I can persuade him to tell you a different story?"

He shrugged slightly. "You are his attorney. It's in his best interest to cooperate."

She stared at him with that same reading-his-mind-look, contemplating. Finally, she said quietly, "I have already advised Peter to be truthful and cooperative. I've been his attorney for almost seventeen years. I know him well. And I see no indication that he's being anything other than truthful. I don't know what else I can do."

She seemed intelligent enough, just inexperienced. "If he has anything to say, now is the time, before things go any farther." His voice was kind and persuasive.

Morgan studied him for another moment before turning her attention to the room. Green was still sitting on the table, casually swinging one foot. Fairchild was listening closely to him.

Morgan and McCoy were both distracted by Briscoe's enthusiastic, "Got it!" as he came back into the room, accompanied by Van Buren. "No prints, but the lab says the gun is a definite match to the murder weapon. I wonder if this is enough to make your client change his tune, Counselor."

He handed the report to the woman. She took it from him, then studied it with a frown.

"Would you like a moment alone with your client?" McCoy prompted.

She looked up at him, nodding slowly. "Yes, I would." Indicating the report, she asked, "May I show this to him?"

McCoy nodded and she walked to the door. He opened it for her and said, "Detective..."

Green turned and got up, smiling at Morgan as he passed her. But her eyes were fixed on her client.

"So what's the report say?" Green asked as McCoy closed the door.

"It says Fairchild is going to sleep in a cell tonight," Briscoe answered.

"So are we going to lock him up now and let him think it over, Counselor, or are we going to try to get to the bottom of this tonight?" Van Buren asked.

"Let's see what he has to say after his lawyer talks to him." McCoy added with a shrug, "Maybe she can convince him to fess up."

"I told him what a wild man you are, Lennie," Green smiled. "He's shaking in his shoes."

"Oh, goody," Briscoe cracked. "I love playing 'wild man'."

Morgan had turned and was walking to the door. "Show time," Green said to Briscoe as she opened the door.

"Please come in," she said, holding the door for the two detectives. McCoy and Van Buren opted to observe from the window, turning on the speaker so they could hear the conversation. Morgan left the door open, moving to stand just inside of it.

"So, Fairchild," Briscoe said calmly. "What do you have to say now?"

"The same thing I've said all along: I didn't kill my business partner." Fairchild looked Briscoe in the eye. He seemed concerned, but calm.

"Do you understand that this means you're going to jail?" Briscoe asked, leaning into his face.

"I have nothing else to say," Fairchild answered resolutely.

Making a decision to end the interrogation that was obviously not going to be productive, Van Buren appeared at the door. "Take him downstairs."

Morgan stepped forward. "Before you do, I have a small favor to ask." She looked earnestly at Van Buren. "Peter has been away from his children only four nights since they were born, and even on those occasions, he made it a point to call them every night. He'd like a chance to do that now. He's willing to allow you to remain in the room to monitor the conversation." Seeing the hesitation on the other woman's face, she added softly, "It's a small thing, but it means a lot to his children."

To the detectives' surprise, Van Buren said, looking at them, "Get a phone."

"Thank you, Lieutenant," Morgan said, sounding genuinely grateful.

"Five minutes, Counselor, and then he goes," Van Buren said, turning toward the door.

Green came back with a phone, placing it on the table in front of Fairchild, who began to dial with a shaky hand. Morgan stood behind him.

McCoy raised his eyebrows in a silent question as Van Buren took a place between him and Briscoe at the window. "She asked nicely," she shrugged, noting the look. "And if I was going to have to spend the night in jail, I'd want to talk to my kids first, too."

"I'll have to remember to appeal to your maternal nature next time I want the day off," Briscoe observed. Van Buren gave him a warning look.

When Fairchild's brief conversation was over he slowly replaced the receiver. He looked apprehensively at Green, who had gotten up as Briscoe came into the room. Green asked Fairchild to stand as well, and began to put handcuffs on him. Fairchild locked eyes with his attorney. She nodded once, trying to look reassuring, as the detectives led him away.

When she came out of the room, McCoy was waiting. "I take it your client decided not to cooperate. Maybe a night in jail will change his mind."

She looked and sounded dejected. "When will he be arraigned?"

"Probably tomorrow before noon. Since the gun found in his home is the murder weapon, I’m sure we’ll get an indictment early in the morning," he answered as they walked out of the observation room. "If he's ready to talk afterwards, let Ms. Carmichael know. Maybe we can clear this all up quickly."

Morgan nodded. When they reached the door leading into the hallway, she stopped and held out her hand. "Thank you for your help, Mr. McCoy. It was a pleasure to meet you. I'll be in touch with you tomorrow," she said, shaking his hand.

He smiled at her. "I'll look forward to it."

She opened the door to leave, then turned back. Reaching into her jacket pocket, she pulled out a business card. Handing to him, she said, "If you need to get in touch with me, this is my number. My office or service can reach me day or night."

The card was warm when he took it from her. "Thank you." He slipped it into his suitcoat pocket as she turned and left.

McCoy retrieved his coat and briefcase. Van Buren walked up as he was putting on the coat.

"Thanks for dropping by, Counselor. Sorry things didn't go the way you hoped."

"Can't win them all on the first try." He smiled. "But tomorrow, who knows?"

"Good-night."

"Good-night," he called over his shoulder as he pushed open the door.

 

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