Counter Blow by Robert F. Clifton (ebook reader for pc .txt) 📕

Abe Silverstien said, “I'm recognizing number five. He was

there in my store. I'm telling you he was there but he is not the one that shot me”.

“Alright, good, but I want you to look at the other men on the stage. You have to be certain”.

“What ever you want Officer, but I'm telling you he is the one”, Silverstein replied.

In the line up room Sergeant Stiles ordered the six men to turn to the left giving the observers a side profile.

Do any of you notice anything?”,asked Wallace.

“Same man, number five”, Abe Silverstein answered.

“Miss Miller? Anything?”

“I'm almost certain, but I'm relying on the voice I heard that night. Can I hear his voice?”

“Certainly”.

Wallace activated the microphone in the observation room. “Each man step forward. Then say, How was business tonight ladies, Hope you all made a lot of tips”.

When number five stepped forward and repeated the words he was ordered to say Wallace looked at Janice Miller and said, “Well?”

“Could I have him say it again?”, asked Miller.

“Number five, repeat what you just said. When number five was finished talking, Miller looked at Wallace and said, “That's him. That's the man who spoke to me as I was leaving the club”.

“How about you Miss Helm. Do you recognize anyone?”

“No Captain”.

“Mr. Weiss do you recognize anyone?”

“I too am seeing and hearing the man that was with the one that beat me”.

“What man and what number?”, asked Wallace.

“It's being number five”.

“You're certain”.

“Absolutely.”

Wallace opened the observation room microphone again.

“Alright. Sergeant, you can wrap this up. Thank you”, he said as he watched the six men walk off of the stage.

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

Back in his office after questioning Bennett in the interrogation room, a questioning period that led no where. Wallace made sure that Donovan Bennett was arrested and booked for the murder of John Gargiulo and Patrolman Roger Grant, the robbery and atrocious assault and battery on Abraham Silverstein along with the robbery and assault and battery of Emanuel Weiss.

An hour later he answered the ringing telephone on his desk and when he did he recognized the voice of Saul Cohen, the County Prosecutor. “I just heard that you made an arrest in that double homicide, congratulations”, said Cohen.

“Thank you”, Wallace replied.

“Without knowing at this time I called to ask just how strong is your evidence in this case?”

“Well, I've got three eye witnesses, one for an armed robbery and assault with a deadly weapon. One for robbery and assault and battery. The other witness places Donovan Bennett and Leroy Dunbar at the Hobby Horse Club at closing the night of the two murders”.

“How were they identified?”

“Bennett in a line up, Dunbar's photo was picked out of a stack of fifteen mug shots”.

“Anything else?”

“Iris Mitchell. She's Bennett's girlfriend. She places Bennett and Dunbar together in her kitchen the night of November the fifth”.

“Sounds good Captain. What about Dunbar?”

“I don't know. I think that both Bennett and Iris really don't know where he is. However, we have the shotgun with his fingerprints all over it as well as the spent cartridge, also with his prints. At the same time we have an all points bulletin out for him.”.

“I see. Where is Bennett now?”

“In our jail. He should be arraigned in city court tomorrow”.

“I think I'll represent the State. Can you have your reports ready by tomorrow? I'll call the court and postpone the arraignment until the day after tomorrow. That will give me time to go over your reports and the physical evidence”.

“No problem Mr. Cohen”.

“Good, I'll see you in court and again congratulations on the arrest”.

“Thank you. Oh, one more thing”, said Wallace.

“What's that?”

“I'm sending all news media persons to you”.

“Thanks a lot”.

Two days later, Captain Wallace, Sergeant Stiles and Detective Carol Myers sat in Municipal Court watching and listening to the County Prosecutor present the States case against Donovan Bennett.

Judge John Shelby presiding asked the defendant to stand. When Bennett complied that judge asked, “Are you Donovan Bennett?”

“Yes sir”, Bennett answered.

“Mister Bennett, you have heard the charges against you, those being armed robbery and homicide that occurred on the night of November 5, 1976. How do you plea?”

“Not guilty. Your honor”.

“Do you have an attorney?”

“No sir”

“Can you afford council?”

“No sir”

“Alright, this court will see that an attorney will be provided. That's all. Next case”.

Wallace stood up from the court room seat and when he did he saw Iris Mitchell leaving. He also saw Donovan Bennett, his wrist's handcuffed led from the docket to the door that led downstairs to the city jail.

Back in his office Wallace took off the blue blazer he wore and placed it on the clothes tree that stood in the corner of the room. After taking a seat he began an additional report related to the arraignment of Bennett when once again his thought process was interrupted by a ringing telephone.

“Captain Wallace”, he said speaking into the receiver.

“Captain. This is Franco Gargiulo. I'm calling to thank you for sending two of your detectives to my son's funeral. That meant a lot to me”.

“You are quite welcome Mr. Gargiulo. I am just sorry that I couldn't be there. I do want to inform you that we have made one arrest in the case of your son's murder”.

“Yes, I know. Several of my associates that reside in South Jersey keep me apprised of the situation. Nonetheless,

I, like you, look forward to the apprehension, arrest and conviction of the other subject.”

“Absolutely”, Wallace replied.

“Fine, as I have said, thank you for your kind consideration in my time of bereavement and if there is anything I can do for you, just let me know. Good by”.

Before Wallace could reply he heard the click of the telephone on the other line hang up.

Chapter Eight

Speak No Evil

November went by as did December. January 15, 1977 arrived on a day of a strong northeast storm bringing a mixture of snow and rain to Nautilus Beach. The next day hungry seagulls with their feathers ruffled by the wind perched on the top rails of the boardwalk ocean side railings hoping that someone, anyone, would drop a morsel of food on the wooden way.

Like the seagulls on the rail Wallace sat in his office desk hoping for a morsel of any information on the location of Leroy Dunbar. His informants came up with nothing. The informants of the members of the Major Crime Squad kept coming up without any new information.

As he sat sullen behind his desk Carol Myers appeared at the open door. “Captain, there is a Mr. Lambracca asking to see you.”

“Why?”

“I didn't ask sir. Here is his business card', she said handing it to Wallace.

Captain Wallace leaned back in the high back office chair and read the card. “Louis Lambraca, Attorney At Law,1300 Raleigh Lane Unit 5, Baltimore, Maryland'.

“Show him in”, said Wallace.

As the attorney walked into the office Wallace observed a man of medium height weighing perhaps one hundred and seventy five pounds. He wore an expensive, dark, blue suit a white shirt and a fifty dollar blue and white striped necktie. The man held out his hand and said, “Captain, thank you for seeing me. I know that I come unannounced, but since I was in your city on another matter I thought I would take the chance of seeing you here”, he said as the two men shook hands”.

“And, just what do you want to see me about?”

“Leroy Dunbar”.

“Let me advise you Mr. Lambraca, that unless you are engaged as a member of the district attorney's office in Baltimore County I can't and won't speak to you about the one you're inquiring about. You could of course get permission from Mister Cohen, our County Prosecutor”.

Lambraca smiled. “I understand Captain. However, let me assure you that I do not and will not practice Criminal Law. My practice is corporate law. As a matter of fact I must apologize for not mentioning the fact that I represent Mr. Franco Gargiulo. The information I seek for the benefit of my client is, could you use a certain sum of money to be used as a reward for anyone supplying information to the location and whereabouts of one Leroy Dunbar?”

“How much are we talking about?”

“You name it Captain, keeping it reasonable of course”.

“I have to run this by Mr. Cohen first. If he approves I'll let you know. Right now, knowing the people of this town I'd say no less then five thousand and no more then ten”.

“I shall pass this information on to Mr. Gargiulo. You have my number. Call when you have a decision. Thank you for seeing me and have a nice day”.

“One thing, before you leave. Just what does Mr. Gargiulo do for a living?”

Lambraca smiled. “Many things Captain. Many things.”

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

They say that the month of March comes roaring in like a lion. To Captain Robert Wallace, Tuesday, March 8, 1977, he roared like a lion, an angry lion. Standing in the office of Saul Cohen the County Prosecutor with a clenched fist and a red face, speaking in a slow aggravated voice asked, “Just how in the hell did this happen?”

“From what we can determine a Catholic Priest married Iris Mitchell and Donovan Bennett on Friday, February the eleventh”.

“Was it legal?”

“We're checking on that. It seems that the Catholic Church does have such a thing as a secret marriage. Such a marriage must have the approval of the bishop, as I understand it. Nonetheless,

If there was a marriage license issued to the couple and the priest married them then, it's legal”.

“And, in New Jersey you can't make her testify against her husband”, said Wallace.

“That's correct”.

“Son of a bitch! O.K. how much damage has been done to our case?”

“A considerable amount. We have to throw out Iris Michelle’s statement that on November 5, 1976 Leroy Dunbar and Bennett were in her kitchen. That testimony would have put them together on the night of the murders. That then leaves us with two other witnesses, Janice Miller and Cynthia Helm. Miller identifies, Helm doesn't or won't. A smart defense team will put Helm on the stand and with no problem at all, raise doubt in the minds of a jury”.

Wallace began pacing the floor, his mind racing as he tried and tried to find a way to still convict Bennett.

“I have two questions Mr. Cohen”.

“Sure what are they?”

“Can we still win in court on the Inlet Liquor Store case?”

“That's the way I see it. Mr. Silverstein can certainly place Bennett in his store the night of the holdup. I can probably get a conviction. I'll ask for s sentence of thirty years. The judge will probably go for twenty. Bennett could be out in ten. However, Abe Silverstien is an elderly man. A man who has been shot and injured. A smart lawyer will look at that fact, watch and wait and if and when the old man dies, file an appeal. Bennett could be out in three years. However, as a last resort I'm holding the robbery and assault on Emanuel Weiss in reserve. What’s your other question?”

“What's the name of the priest that married them?”

“Father Salvador Presti. He's a priest at St. Elizabeth's located on the corner of Pleasant and Pacific”.

“I know where it is. Then, I assume we're going ahead with the armed robbery and deadly assault case”.

“Yes, I wish we had both of them. I take it that there's nothing new on the whereabouts of Dunbar”.

“Right, nothing new”.

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

Robert Wallace sat in silence at the dinner table. Once in awhile he would place his fork into the mashed potatoes on his plate, but for the most part was not eating. At the other end of the table Mary Wallace watched her husband, aware of what was on his mind, The marriage of Iris Mitchell and Donovan Bennett had brought his investigation to a screeching halt. Two people had been murdered. More over, one of those murdered was a brother, a police officer. Every man and woman carrying or wearing a badge were looking for justice and at the