Special Operations boh-2 Page 9

  Clarence Sims erred. Under the law it is necessary to advise a suspect of his rights underMiranda only when the suspect is to be questioned concerning a crime. Since it was not the intention of the arresting officers to ask him any questions at all about the crime, it was not necessary for them to inform Mr. Sims of his rights underMiranda.

  The man Clarence Sims thought of as the big honky, who was a twentytwo-year-old police officer named Charles McFadden, opened the door of a battered old Volkswagen, and picked up a small portable radio.

  The battered old Volkswagen was his personal automobile. He had been authorized to use it on duty. Authorized, but not required. Since he had chosen to use it, he had been issued sort of a Police Department credit card, which authorized him to gas up at any Police Department gas pump-there is one at every District Headquarters-up to a limit of one hundred gallons per month, no questions asked. If he had not elected to use his personal vehicle on duty, he could have performed that duty on foot.

  "Twelfth District BD," Charley McFadden said into the radio. (Burglary Detail.)

  "Twelfth District BD," Police Radio promptly responded.

  "Twelfth District BD," Charley McFadden said. "I need a wagon for a prisoner. We're in the parking lot of the Penrose Plaza at Island Road and Lindbergh."

  Police Radio did not respond to Officer McFadden directly, but instead, after checking the board to see what was available, called the Emergency Patrol Wagon directly:

  "Twelve Oh One."

  "Twelve Oh One," the wagon replied.

  "Meet the burglary detail at the parking lot of Penrose Plaza, Island at Lindbergh, with a prisoner."

  "Twelve Oh One, okay," EPW 1201 replied.

  Charley McFadden put the portable radio back on the seat of his Volkswagen.

  When the two police officers assigned to 1201, the Twelfth District wagon responding to the call to transport a prisoner, arrived at the scene, they found that the arresting officers were having more trouble with the victim than with the prisoner.

  The prisoner was on his feet, his hands cuffed behind him, leaning on the victim's car and apparently resigned to his fate. Even, to judge by the look on his face, a little smug about it.

  The victim, having been informed that her two packages had become evidence, and could not be returned to her until released by proper authority, was engaged in a heated conversation with Officer McFadden, telling him that she had to have the shopping bags, at least the one fromJohn Wanamaker amp; Sons which contained a formal dress shirt for her husband, a shirt he absolutely had to have for a dinner party that night.

  "Ma'am, if you'll just go the West Detectives, at Fifty-fifth and Pine, and sign the Property Receipt, they'll give you your stuff right back."

  "What I don't understand is why I can't sign whatever it is I have to sign right here," she said.

  "I don't have the form, lady; you have to do it at West Detectives," Charley McFadden said. "That's the rules."

  That was not the truth, the whole truth, and nothing but the truth. But it had been Officer McFadden's experience that if he gave the victim back her property here and now, that would be the last he, or more importantly, the criminal justice system, would ever see of her. It had been his experience that the ordinary citizen's interest in law enforcement ended when they had to make their own contribution, like showing up in court and swearing under oath that the stuff the critter had stolen belonged to her.

  The chances of her showing up in court, and thus perhaps aiding in sending Mr. Sims off to jail, would be aided if she got the idea, by signing a Property Receipt, that she was already involved andhad to show up in court.

  "And what if I refuse to press charges?" the victim said, finally, in desperate exasperation.

  "Lady, I'm pressing charges," Charley McFadden said, equally exasperated. "Or Hay-zus is. Thecity is. Wecaught him stealing that stuff from your car."

  "Well, we'll see about that, young man," the victim said. "We'll just see about that. My brother-in-law just happens to be a very prominent attorney."

  "Yes, ma'am," Charley McFadden said. He turned to the two wagon cops. "You can take him," he said.

  "And I'm going to get on the telephone right now and tell him about this," the victim said. "This is simply outrageous."

  "Yes, ma'am," Charley McFadden said.

  Clarence Sims was led to the wagon, helped inside, and driven to the West Detectives District at Fifty-fifth and Pine Streets, where his glowing ember of hope that he was going to walk was extinguished by a detective who began their discussion by explaining his rights underMiranda.

  ****

  Lieutenant Ed Michleson, the Day Watch commander at the Twelfth District, was not at all surprised to get the telephone call from Sergeant Willoughby of Chief Inspector Coughlin's office informing him that he was about to lose the services of Officers Jesus Martinez and Charles McFadden.

  When they had been assigned to the Twelfth District, it had been with the understanding that it was only temporary, that they would be reassigned. The District Commander had told him that he had gotten it from Chief Coughlin himself that their assignment was only until he could find a good job for them.

  They had been previously working plainclothes in Narcotics, a good, but not unusual assignment for young cops who showed promise and whose faces were not yet known on the street, and who, if they let their hair grow and dressed like bums could sort of melt into the drug culture.

  When their faces became known, which was inevitable, the next step was usually back into uniform. But McFadden and Martinez had, on their own, staked out the Bridge amp; Pratt Street terminal of the subway, and there found the junkie who had shot Captain Dutch Moffitt, of Highway Patrol, to death. McFadden had chased Gerald Vincent Gallagher down the tracks where Gallagher had fallen against the third rail and then gotten himself run over by a subway train.

  In the movies, or in a cop-and-robbers program on TV, with the mayor and assorted big shots beaming in the background, the Commissioner would have handed them detectives' badges, and congratulations for a job well done. But this was real life, and promotions to detective in the Philadelphia Police Department came only after you had taken, and passed, the civil service examination. Martinez had taken the exam and flunked it, and McFadden hadn't been a cop long enough to be eligible to even take it.

  But it was good police work, and Chief Inspector Coughlin, who was a good guy, didn't want to put them back into uniform-which young cops working plainclothes considered a demotion-even though with their pictures on the front page of every newspaper in Philadelphia, and on TV, their effectiveness as undercover Narcs was destroyed.

  So he'd loaned them to Twelfth District, which was under-strength, and had a problem with thieves working shopping mall parking lots, until he could find someplace to assign them permanently. And now he had.

  Lieutenant Michleson got up and walked into the Operations Room and asked the corporal where Mutt and Jeff were. They looked like Mutt and Jeff. McFadden was a great big kid, large boned, tall and heavy. Martinez was a little Latin type, wiry and just over Department minimums for height and weight.

  "They're on their way in," the corporal said. "They just arrested a guy robbing a car in the parking lot at Penrose Plaza. That makes five they caught since they been here."

  "When they finish up the paperwork, send them in to me," Michleson said. "We're going to lose them."

  "Where they going?"

  "Highway."

  "Highway?" the corporal replied, surprised, then laughed. "Those two?"

  "That's not kind, Charley," Michleson said, smiling at the mental image of Mutt and Jeff all decked out in Highway Patrol regalia.

  "I don't think Hay-zus is big enough to straddle a Harley," the corporal said.

  "Maybe somebody figures they paid their dues," Lieutenant Michleson said. "Highway didn't catch the critter who shot Captain Moffitt. They did."

  "When are they going?"

  "They're to report in the m
orning."

  ****

  Staff Inspector Peter Wohl, at thirty-five the youngest of the eighteen Staff Inspectors of the Police Department of the City of Philadelphia, who was lying on his back, looked up from what he was doing and found himself staring up a woman's shorts at her underpants. The underpants were red, and more or less transparent, and worn under a pair of white shorts.

  He pushed himself, on his mechanic's crawler, the rest of the way out from under the Jaguar XK-120, and sat up. There was grease on his face, and on his bare, smoothly muscled chest, but there was still something about him that suggested more the accountant, or the lawyer, than a mechanic. Or a police officer.

  "Hi," the wearer of the red underpants and white shorts said.

  "Hi," Peter Wohl said, noticing now that she was also wearing a man's white shirt, the bottom rolled up and tied in a knot under her bosom, which served to bare her belly and put her not at all unattractive navel on display.

  "I saw you working out the window," the woman said, "and I figured you could use this." She extended a bottle of Budweiser to him.

  Peter Wohl noticed now that the hand holding the bottle had both an engagement and a wedding ring on the appropriate finger.

  He took the beer.

  "Thank you," he said, and took a pull at the neck.

  "Naomi," the woman said. "Naomi Schneider."

  "Peter Wohl," he said.

  Naomi Schneider, it registered on Peter Wohl's policeman's mind, was a white female, approximately five feet six inches tall, approximately 130 pounds, approximately twenty-five years of age, with no significant distinguishing marks or scars.

  "We're in Two-B," Naomi Schneider volunteered. "My husband and I, I mean. We moved in last week."

  "I saw the moving van," Peter said.

  Two-B was the apartment occupying the rear half of the second floor of what Peter thought of as the House. There were six apartments in the House, a World War I-era mansion on the 8800 block of Norwood Road in Chestnut Hill, which had been converted into what the owner, a corporation, called "luxury apartments." The apartments in the rear of the building looked out on the four-car garage, and what had been the chauffeur's quarters above it. Peter Wohl lived in the ex-chauffeur's quarters, and to the often undisguised annoyance of the tenants of the House occupied two of the four garages.

  It was possible, he thought, that Mr. Schneider had suggested to his wife that maybe if they made friends with the guy in the garage apartment with the Jaguar andtwo garages they could talk him out of one of them. There had been, he had noticed lately, a Porsche convertible coupe parked either on the street, or behind the house. They could probably make the argument that as fellow fine sports caraficionados he would appreciate that it was nearly criminal to have to leave a Porsche outside exposed to the elements.

  But he dismissed that possible scenario as being less likely than the possibility that Mr. Schneider knew nothing of his wife's gesture of friendliness, and that Naomi had something in mind that had nothing to do with their Porsche.

  "My husband travels," Naomi offered. "He's in floor coverings. He goes as far west as Pittsburgh."

  Bingo!

  "Oh, really?"

  He now noticed that Naomi Schneider's eyes were very dark. Dark-eyed women do not have blond hair. Naomi's hair was, therefore, dyed blond. It was well done, no dark roots or anything, but obviously her hair was naturally black, or nearly so. Peter had a theory about that. Women with dark hair who peroxided it should not go out in the bright sunlight. Dyed blond hair might work inside, especially at night, but in the sunlight, it looked… dyed.

  "He's generally gone two or three nights a week," Naomi offered. " What do you do?"

  Peter elected to misunderstand her. "I just had the seats out," he said. "I took them to a place downtown and had the foam rubber replaced, and now I'm putting them back in."

  Naomi stepped to the car and ran her fingers over the softly glowing red leather.

  "Nice," she said. "But I meant, what do you do?"

  "I work for the city," Peter said. "I see a Porsche around. That yours?"

  "Yeah," Naomi said. "Mel, my husband, sometimes drives it on business, but there's not much room in it for samples, so usually he takes the station wagon, and leaves me the Porsche."

  "I don't suppose," Peter agreed amiably, "that thereis much room in a Porsche for floor-covering samples."

  "This isnice," Naomi said, now stroking the Jaguar's glistening fender with the balls of her fingers. "New, huh?"

  Peter Wohl laughed. "It's older than you are."

  She looked at him in confusion. "It looks new," she said.

  "Thank you, ma'am," Peter said. "But that left Coventry in February 1950."

  "Left where?"

  "Coventry. England. Where they make them."

  "But it looks new."

  "Thank you again."

  "I'll be damned," Naomi said. She looked down at Peter and smiled. " You hear what happened last night?"

  "No."

  "About the woman who was raped? Practically right around the corner?"

  "No," Peter Wohl replied truthfully. He had spent the previous day, and the day before that, the whole damned weekend, in Harrisburg, the state capital, in a hot and dusty records depository.

  "He forced her into his van, did-you know-to her, and then threw her out of the van in Fairmount Park. It was on the radio, KYW."

  "I hadn't heard."

  "With Mel gone so much, it scares me."

  "Did they say, on the radio, if it was the same man they think has done it before?" Peter asked.

  "They said theythink it is," Naomi said.

  Interesting, Peter Wohl thought, if it is the same guy, it's the first time he's done that.

  "Naked," Naomi said.

  "Excuse me?"

  "He threw her out of the van naked. Without any clothes."

  Well, that would tie in with the humiliation that seems to be part of this weirdo's modus operandi.

  There was the sound of tires moving across the cobblestones in front of the garages, and Peter's ears picked up the slightly different pitch of an engine with its idle speed set high; the sound of an engine in a police car.

  He hoisted himself off the mechanic's crawler. A Highway Patrol car pulled to a stop. The door opened, and a sergeant in the special Highway Patrol uniform (crushed crown cap, Sam Browne belt, and motorcyclist's breeches and puttees) got out. Wohl recognized him. His name was Sergeant Alexander W. Dannelly. Wohl remembered the name because the last time he had seen him was the day Captain Dutch Moffitt had been shot to death at the Waikiki Diner, over on Roosevelt Boulevard. Sergeant Dannelly had been the first to respond to the call, "Officer needs assistance; shots fired; officer wounded."

  And Dannelly recognized him, too. He smiled, and started to wave, and then caught the look in Wohl's eyes and the barely perceptible shake of his head, and stopped. "Can I help you, Officer?" Wohl asked. "I'm looking for a man named Wohl," Sergeant Dannelly said.

  "I'm Wohl."

  "May I speak to you a moment, sir?"

  "Sure," Wohl said. "Excuse me a minute, Naomi." She smiled uneasily.

  Wohl walked to the far side of the Highway Patrol car. "What's up, Dannelly?" he asked.

  "You're not answering your phone, Inspector."

  "I've got the day off," Wohl said. "Who's looking for me?"

  "Lieutenant Sabara," Dannelly said. "He said to send a car by here to see if you were home; that maybe your phone wasn't working."

  "The phone's upstairs," Wohl said. "If it's been ringing, I didn't hear it."

  "Okay with you, sir, if I get on the radio and tell him you're home?"

  "Sure." Wohl wondered what Sabara wanted with him that was so important he had sent a car to see if his phone was working. "Tell him to give me fifteen minutes to take a bath, and then I'll wait for his call."

  "You want to wait while I do it?"

  "No," Wohl said, smiling. "You get out of here and then you
call him."

  "I understand, sir," Dannelly said, nodding just perceptibly toward Naomi.

  "No, you don't," Wohl said, laughing. "The only thing I'm trying to hide, Sergeant, is that I'm a cop."

  "Whatever you say, Inspector," Dannelly said, unabashed, winking at Wohl.

  Wohl waited until Sergeant Dannelly had gotten back in the car and driven off, then walked back to Naomi Schneider. Her curiosity, he saw, was about to bubble over.

  "I saw an accident," Peter lied easily. "I have to go to the police station and make a report."

  Sometimes, now for example, Peter Wohl often wondered if going to such lengths to conceal from his neighbors that he was a cop was worth all the trouble it took. It had nothing to do with anything official, and he certainly wasn't ashamed of being a damned good cop, the youngest Staff Inspector in the department; but sometimes, with civilians, especially civilians like his neighbors-bright, young, well-educated, well-paid civilians-it could be awkward.

  Before he had, just after his promotion to Staff Inspector, moved into the garage apartment, he had lived in a garden apartment on Montgomery Avenue in the area of West Philadelphia known as Wynnfield. His neighbors there had been much the same kind of people, and he had learned that their usual response to having a cop for a neighbor was one of two things, and sometimes both. What was a lowlife, like a cop, doing in among his social betters? And what good is it having a cop for a neighbor, if he can't be counted on to fix a lousy speeding ticket?

  He had decided, when he moved into the garage apartment, not to let his neighbors know what he did for a living. He almost never wore a uniform, and with his promotion to Staff Inspector had come the perk of an official car that didn't look like a police car. Not only was it unmarked, but it was new (the current car was a two-tone Ford LTD) and had white-wall tires and no telltale marks; the police shortwave radio was concealed in the glove compartment and used what looked like an ordinary radio antenna.

  When his neighbors in the garage apartment asked him what he did, he told them he worked for the city. He didn't actually come out and deny that he was a cop, but he managed to convey the impression that he was a middle-level civil servant, who worked in City Hall.