Crime Of The Millennia (2) CHAPTER 5 – BANGKOK, The Master Richard prepared himself as he disembarked from the antiseptic confines of the airplane into the cloying atmosphere of "Krung Thep," or Bangkok as this misnomer has been applied by the uninformed. The aural assault on the senses was apparent as one disembarked on the foreign soil of the Orient. The vitality that "Krung Thep" exudes cannot be fully described, as it would only provide the intellect with a tempting insight into the complete change that a "Farang" (foreigner) experiences upon coming to this part of the world. For Richard, this was one of many trips and automatically he acclimated to the country and its climate. This time it was different, as he traveled under an alias and this stop-over, exposed him to the dangers of his profession. How could two years have passed? It seemed like yesterday, traveling with his life long friend, same disembarkation-same airline, yet the difference was that he had betrayed Richard. A betrayal that was beyond Richard's ken, one that exposed Richard to imprisonment. For what ? To save himself ? To escape punishment ? What both had endeavored for years to build, as partners, like the boyhood friends they were. A friendship sold for nothing. For now they were thought's, but here, back in the same place where it started; the thoughts and questions came rushing forth, as he stood waiting for his contact. It was two years ago, to the day, Richard and Bill were on deck of the freighter, slogging through the Pacific with their cargo, a cargo that would bring them enough money to retire and to provide for their families for generations to come.It had taken years to develop the contacts and provide the necessary funds to the village headman that would ensure a "premium crop" and the "hieng yau" (grease for the palm), required for its perilous journey from the village to the coast and into the ships holds The country's prime industry was located in the capital city and many young people left the villages. With the loss of their labor, the village found it impossible to continue the harvest necessary for the survival of the village. Many of the young men and women who had left the village were now returning from their disillusioned journey. The wages were so low that what they earned would not pay for food and housing and the women were forced into the "comfort trade" requiring them to work of their contracts on their backs. Richard's "contracting" provided the elders enough funds to purchase machinery and build a factory to continue the traditional harvest of the bamboo that had gone on for countless generations. Now, with the Farang’s money, the village would become known for their skill in the manufacture of elegant bamboo furniture. The ship, laden with three-hundred metric tons of "high-grade marijuana" which the village had grown, represented an investment of eight-million dollars, with all of the cargo pre-sold to their contacts in the United States. The potential profit was staggering and as a bonus they had the ship, which they could contract out as a merchant freighter. Things felt like they were in place, as the cargo was unloaded on the dock in New Jersey (a dock they owned with no unauthorized access). A State Police helicopter appeared, then the Harbor Patrol and on land-side, Police and undercover cars, barreled towards the dock, heading straight towards the ship. At first the shock was overwhelming and many questions as to how, why and what could not be, broached or considered, the only thought was; "where to run?" With all exits covered, no-place was the answer. The scene filled with police and agents, guns drawn and handcuffs at the ready. Richard’s last glimpse of Bill, as they were read their rights and placed in separate vehicles. In the car, one of the plain clothes officers turned and informed Richard that he was a US Marshal and he would be transported to the Federal Detention Center and placed in custody until his arraignment Richard arrived at the detention center and promptly processed, declining a "voluntary" interview, as he wanted to contact his attorney. The potential cost for his attorney’s legal services could approach this side of one-million dollars, but this was the least of his worries as his concern was in securing his release through bail. Within the hour of his arrival after being subjected to another search of his person for "contraband" in places on his body that he would never consider, he was called to the attorney visiting room to see his old friend and confidant. Roger Lazeer, a brilliant attorney, who evoked admiration from the judicial bench and defamation from numerous police agencies which cursed the ground he walked on. Impeccable in a tailored Seville Row suit and his Yale tie; he offered Richard a chair, informing the guard that he would be about an hour with his client. As the door closed, Roger took his legal pad from his briefcase and placed it on the table. Asking Richard how he was; Roger wrote on the pad: This is for caution, write answers on this pad to the questions that I write down Do not respond to the questions that I verbalize-understand? Richard picked-up the pen and wrote: Yes. Roger began by stating that the charge against Richard was for the illegal importation of Marijuana into the United States, As he made this statement he wrote on the pad: They have an informer. Richard wrote: Who? Roger wrote: Bill. Richard stared at the name in horror, the shock was so thorough and complete that he did not hear Roger ask if he was aware of the implications of the charge. It took Roger a couple of minutes to get Richard's attention. Richard asked as to what was the mechanics to obtain bail. Roger stated: I can get a Federal Magistrate to set a bail, but due to the magnitude of the seizure, I know that bail will be set very high. Richard, still reeling from the revelation that his best friend had informed on him, How high? Roger: It could be a Million dollars with a stipulation that all property provided to the court be free from any encumbrance. In addition the US Attorney could require that a hearing be held on the security offered to the court to ascertain as to its legitimacy; in other words-no property or money associated with drugs can be proffered to the court for your release on bail. If the court does find that the security offered is "tainted," then it can upon motion from the US Attorney; seize the property in question. As you know, I have numerous holdings from my construction company with clear titles to the land that can be provided for security. It's my duty to inform you as a client that this is generally the protocol that the US Attorney and the Federal Court follow. Roger wrote on the pad: The "Judicial" in Cabo San Lucas with cooperation from the Mexican Government are raiding your house in Cabo as we speak. Richard wrote: I was not aware of this. Richard with your approval, I will get an audience with the Magistrate to see about scheduling a bail hearing. I will need your Legal Representatives name and office number, you will need to sign this limited power of attorney form which empowers me to act as a "bail facilitator" for the US District Court. Please read it and if you are in agreement with it, sign and date it. It will take about twelve to twenty-four hours after the hearing to secure your release. Roger, I appreciate your coming down on such short notice, but I'd appreciate it if you would call my wife, she is pregnant and from what's happened, I'm worried as to how she’s taking it. I know that you'll be able to keep her informed. Don't worry Richard, I will make myself available for the next twenty-four hours for any questions that she may have. I will not be able to obtain all of the investigative reports pertinent to your case until I serve discovery motions on the US Attorney. From the information that I've told you, it is all I've got at this moment, but I will keep you posted on any development that may arise. Roger, I'd appreciate copies of anything and everything. Well, if there is no other questions that I can answer, I'll get over to the courthouse and on my way. I'll call your representative to arrange for xerox copies of the titles and deeds that will be required once we have a bail set. Thanks Roger, when will you get back to me? Should be first thing tomorrow morning, okay? Yes, that will be all right, once I get back upstairs I'll call Kelley and let her know that you'll be calling her, try to give me an hour before you call, Roger. Will do, Richard, don't worry, for now I can only tell you what I tell all of my clients: What’s that Roger? "I can do everything for you but the time?" Thanks, I needed a laugh at this moment. All right, don't hesitate to call me on if you need anything. Roger closed his briefcase, offering his hand, Richard grasped it firmly and looked into Rogers eyes; seeing the numerous warnings that he had offered to him over the years, which now went unsaid. From nowhere a guard appeared See you in the morning, Richard Outside of the conference room I was searched again, for what I don't know, "What are they looking for?" The guard escorted me back to processing and I was issued a roll of bedding and a receipt for the property I had on my person at the time of my arrest. On reaching my designated floor, I dropped off my bedding in my room "cell?" and went to the phones to await my turn on the next available opening. Lost in my thoughts, I felt a tap on the shoulder by another resident "inmate?" who asked: "Is you waitin foh a phon?" I told the young black man that I didn't hear what he said: and he repeated: "Is you waitin foh a phon?" The phone, yes. Pointing at the phone with an ebony hand, "dis is de black phon, Confused, I looked at the phones and saw that they were all black. He pointed to the phone by the door, "dat dere is yoh folks phon" I thanked him and went over to "my folks phon?" Calling home after giving my name to what had to be the rudest operator that I had ever encountered. On the second ring I could hear Kelley's voice accepting the call from the operator; and with one click she was on. Richard, What's happened? Do you know what is going on now? What are we going to do? Are you all right? Kelley! Calm down, I can only answer one questions at a time, but I need to assure you not to worry. As for what's going on, Bill and I have been arrested here at the dock. I’m all right and Roger Lazeer is working on it as we speak, trying to get a bail set. You need to tell me what is happening down at the house in Cabo; Roger told me something is happening there. Richard, Grace called me, you know the couple that lives down the street? Anyway, they called to let me know that Mexican Police Cars were at our house and they were taking our furniture and other things out and putting it into their patrol cars. She was terrified, and she did not know who to call, since it was the police doing the robbing; so she called me here. While we talked, I called our number in Cabo and someone answered, identifying himself as a lieutenant in the Federal Police. He told me that all of the property in Cabo was confiscated under "Judicial" order as you were arrested in the United States and that what was ours was now his; furious with his answer I hung up to talk with Grace. She told me that she could see the Police riding your motorcycle and they were pulling the pickup out of the garage and that it was loaded with furniture and appliances. I thanked her for calling and that I would get back to her, but to let me know if anything else happened. So I hung up and have been waiting for your call ever since. The contact, a "Han Chinese", approached Richard and asked for a light, not unusual as a large majority of Chinese indulged in smoking. Richard, startled out of his memories, saw the cigarette and reached into his pocket for the zippo lighter and opened the lid, flicking the flint wheel once-sparks-no flame. The Chinese said: "out-of-fluid, huh?," Richard responded: "these old lighters require fuel, fuel which is as hazardous to your health as those cigarettes." The Chinese responded: "the car is outside the door and the driver will provide you with all that you require. Richard responded: "M' Goi!" (many thanks), and proceeded out of the airport to the Land Rover which would take him on his last journey over land in this far corner of the Orient. Richard felt foolish, but in light of past events, appreciated the level of security these precautions afforded him. The driver greeted Richard and his contact who was obviously a member of Hong Kong's notorious Chiu Chao Triad. The contact told the driver to ensure "safe-passage" for the American, as he was a personal friend of the 4 8 9 (War Fan) of the Chiu Chao and that he would consider it an insult if any harm would befall the American. The driver acknowledged this veiled threat as an instruction and responded likewise in Chinese: You can rest assured that this American will be treated as the "Son of Heaven" and protected like a God! The Chiu Chao "waied" (bowed) to Richard and he in turn responded in Chinese and bade him a safe and profitable journey. The driver was aware that his charge was an associate of powerful people and fluent in the Chinese language as well, all thoughts and references of the "Gwai-Loh" (Foreign Devil), would have to be excluded from his conversation about the American. With this, the door closed and the driver observed that the American had wisely fastened his seat belt. He spoke to the American and said: "I am aware of your name, but mine is of "no consequence." Please relax and enjoy, as it will take us approximately four hours to reach the airport. If you are asleep, I will let you know prior to our arrival at the airport. With this Richard, relaxed in his seat, reflecting on the last two years and the changes to his life. In America after bail was granted, the US District Court imposed conditional restrictions on Richard, to ensure his appearance in Court, restricting him to his Southern California home in Solana Beach. Any travel away from the area, required Court approval. Conferences with Roger were not productive, as the US Attorney remained uncooperative in adhering to disclosure procedures on Motions, that Roger filed in the US District Court. The DEA requested all evidence be marked "Confidential" and sealed until the start of the trial, ensuring the safety of Government witnesses. Richard began preparations for the worse, as motions were denied; demonstrating the gravity of his situation. This required a complete master plan as the US District Court held various properties, including a one-million dollar cash bond. Combined with the loss of his Mexican residence and the loss of his (and Bill's) investment in the ship and Marijuana; placed him in a precarious financial position. Fortunately the majority of his assets were in numbered overseas accounts, which allowed him some flexibility if the situation were to degrade any further. Richard's first concern was to set into motion the liquidation of all of his American holdings, transferring the proceeds into a trust account for Kelley and the baby. He had made all of his court appearances as he secretly liquidated his assets, and his representative in Europe converted his numbered accounts into bearer bonds, naming his wife and unborn child as beneficiaries. Since the arrest, Bill had disappeared from the face of the earth and Roger discovered that Bill had been placed in the Federal Witness Protection Program with his family. It disturbed him that Bill had turned him in, for their were many questions that were unanswered and now it seemed that any answers on Bill's treachery would be long in coming. His plan included another smuggling operation, risky, but necessary, as his freedom had drawn to an end. The case in the US District Court could no longer be delayed by the able and effective counsel of Roger, as trial was imminent and the Court would broach no more delays or repetitive motions, motions which were procedural; delaying and frivolous in their essence. (Though Roger was encouraged by Richard to calendar each accepted motion to its maximum term of time or within the Courts patience.) Time, since the arrest passed rapidly and the Court heard the last challenge on the legalities of the case and ordered Richard's' counsel to be prepared for trial. The Court set the date for jury selection, with trial to commence immediately after completion of counsels "voir dries''. Sixteen months had passed since the arrest and justice would no longer be delayed. Richard concluded all preparations with a new identity and liquidation of all of his holdings. The week prior to trial, Roger had scheduled a conference with Richard and outlined his trial strategies, contrary to the many attorneys' who practiced criminal law, he provided his life-long friend the facts, which were concise and to the point; without any form of embellishment. To Richard, these facts reflected the hopeless position that he had placed himself in. Roger explained that it was his duty to prepare all necessary motions and movements including all necessary appeals, for Richard's defense required that his attorney be prepared to lose and if he wasn't prepared for this eventuality, he would be in dereliction of his duty as counsel. Aside from his friendship, as an attorney he must be prepared as if he would not prevail, by doing so he would have all necessary aspects ready and available to the Court at each step from trial to appeal. Attorneys are not magicians and cannot guarantee anything, with the exception that they will provide the best representation by being in the correct mind-set and with the proper paperwork prepared in advance. In Richard's case, the US Attorney was dependent upon a winning performance to ensure his future. Richard knew that he had the best representation that money could buy, but no amount of money could buy a guarantee of prevailing in Federal Court. Richard thanked Roger for his honesty, but felt he needed to apprise him of his intentions, for his plan did not include exposing himself to the US Attorneys' political motivations. A successful prosecution would elevate him into prominence and to the attention of the US Attorney Generals Office in Washington, DC and a prime appointment at the forefront of the "War-on-Drugs." All US Attorneys were required to perform and win, with resources of the FBI, DEA and ATF; failure was not an option and failure meant oblivion. Upon informing Roger that he did not intend to appear for trial, Roger told him, "I didn't hear that!" and if I did, I am obligated to inform the Court of your intentions. I can advise you in generalities in my capacity as your counsel, that the course of a fugitive is difficult and arduous and most important of all, "Those that were friends before, can no longer be friends due to the complications that being a fugitive entails." I hope you can appreciate my position on this Richard. Yes I can and if there was any other way I would do so, but you have given me a gift that has allowed me to see my daughters birth which is something I can never repay; I will always remember these past sixteen months; no matter what the outcome. Well Richard, if there is nothing else that I can do for you, I'll take my leave, but if you change your mind, you have my number, besides you've paid me a retainer to represent you through trial and appeals.
Copyright © 1995 Daemon Toles |