Loitering with Intent

46

STONE MET EVAN Keating and Gigi Jones at the airport. Gigi rented a car and left for the Marquesa, while Stone drove Evan to the Federal Building in Key West, near the Monroe County Courthouse.

“Now, listen to me carefully, Evan,” Stone said. “It’s important that you answer all of Corelli’s questions truthfully.”

“Why not?” Evan said. He didn’t seem concerned.

“I’ll tell you why not. It’s a federal crime to lie to an FBI agent, a DEA agent or any other federal law enforcement offi cer. Corelli is going to be investigating this incident with your boat from more than one direction, and if he finds something that contradicts your testimony, you’ll find yourself doing jail time.”

“Just for lying to a DEA agent?” Evan asked. “It doesn’t seem all that important.”

“Remember Martha Stewart? They didn’t get her for insider trading; they got her for lying to an FBI agent. She did a year for that. You might keep that in mind if you start to fudge an answer.”

“Why are you letting me talk to this guy?” Evan asked. “You’re my lawyer.”

“I’m letting you talk to him because I think you’re innocent of a crime and you can be truthful with him without hurting yourself. If that’s not the case, tell me now, and I’ll cancel the appointment.”

Evan was quiet. “Why is it to my advantage to talk to him?”

“Because you’ve been caught in possession of drugs—that’s a felony. The amount found and its purity indicate intent to distribute—

that’s another felony. If you can truthfully convince Corelli that you’re innocent, we may be able to make this go away. If I tell him you’re not going to answer his questions, you’re liable to find yourself charged and on trial, and they have a lot of evidence. Do you fully understand your situation now?”

“Yes, I think I do.”

“Do you still want to answer Corelli’s questions?”

“Yes.”

“All right. Now, we’re likely to be seated in a room with a mir-ror on the wall. Behind that wall is certainly going to be a video camera, and probably several other DEA agents, including Corelli’s boss. Everything will be recorded, and they’ll play it over and over again, so your demeanor will be important. Give full answers; don’t be terse. It’s not like you’re taking a lie detector test; you’ll be talking to human beings who will make judgments about you.”

“Are they likely to give me a lie detector test?”

“It’s a possibility. Does that make you nervous?”

“Of course.”

“If they suggest it, I’ll tell them no,” Stone said. “That won’t sur-prise them. If we feel they need more convincing, then we’ll suggest a polygraph.”

“How good are those things?”

“Pretty good, if the operator is experienced and neutral.”

“I think I could pass it,” Evan said. “Suggest it, if you feel it’s in my interests.”

“I’ll keep that in mind,” Stone said.

Rocco Corelli came to a reception room to get them, then put them in an interrogation room—just a table and four chairs. Another man joined them, and Corelli introduced him as John Myers.

“Are you a DEA agent, Mr. Myers?” Stone asked him as they settled at the table.

“I’m an assistant U.S. attorney,” Myers replied. Stone nodded as if that didn’t bother him.

“Mr. Barrington,” Corelli said, “first I have a few questions for you for the record, given your presence on Mr. Keating’s boat.”

“That’s fine with me,” Stone said.

“Are you acquainted with a New York City police detective named Dino Bacchetti?”

“Yes, he was my partner when I was with the NYPD.”

“Please explain the presence of the two of you in Key West.”

“A law firm with which I am affiliated in New York was asked to send someone to Key West to find Evan Keating, in connection with a family business matter, and I was asked to go. Lieutenant Bacchetti came along as a sort of vacation.”

“And how did you come to be aboard Mr. Keating’s boat on the day in question?”

“I received a phone call from Chuck Chandler, a local tennis pro, who was the previous owner of the boat. He said that while cruising on his new boat, he saw Mr. Keating’s boat anchored near Fort Jefferson. He didn’t see anyone aboard, and he didn’t fi nd anyone ashore, and he was curious as to why the boat seemed abandoned.

“There had been a previous attempt on Mr. Keating’s life by a person or persons unknown, and I became concerned for his safety. Lieutenant Tommy Sculley of the Key West PD came with Dino and me in a seaplane, which landed near the boat. Tommy and I swam to Mr. Keating’s boat, broke into it and searched it, fearing that he and his girlfriend might be aboard, injured or dead. We also broke into the stern locker of the boat and found what appeared to be a large quantity of drugs.

“At that moment, a Coast Guard cutter arrived and the captain joined us aboard. We had a conversation, then we left the boat in the charge of the Coast Guard, and they impounded it.”

“Did you call Mr. Keating immediately?”

“No, there was no cell phone service that far out. I called him after we returned to Key West.”

“Thank you, Mr. Barrington,” Corelli said. “Mr. Keating, how did your boat come to be anchored and abandoned at Fort Jefferson?”

“My girlfriend, Gigi Jones, and I cruised out to the fort, where we snorkeled and went ashore to see the fort. We had dinner aboard and spent the night. The following morning I called my grandfather, Eli Keating, in Connecticut, and he told me that my father, Warren Keating, had been found shot to death a short time before.”

“Mr. Keating, Mr. Barrington has just told us that there was no cell phone reception at Fort Jefferson. How did you call him?”

“I have a satellite telephone, which works very well at Fort Jefferson.”

“I see. What did you do upon hearing the news of your father’s death?”

“I called a seaplane service at Key West airport. They came and fetched us and flew us to Miami, where we got a commercial fl ight to New York, then rented a car for the drive to Connecticut.”

“And you just abandoned an expensive boat anchored at Fort Jefferson?”

“I didn’t feel I had a choice; my grandfather needed me. I locked it, and when the seaplane arrived, we took the small rubber dinghy from the stern locker and used it to paddle to the airplane. The plane couldn’t come alongside without a wing hitting the superstructure.”

“Did you lock the stern locker after removing the dinghy?”

“No, there was no padlock for it. The old one had corroded and was no longer workable, and I had not yet replaced it.”

“What else was in the locker besides the rubber dinghy?”

“Just fenders and lines for the boat, and a second anchor. Miscellaneous boat stuff, nothing else.”

“And you did not lock the stern locker before you departed?”

“No, I had no lock for that purpose.”

“You didn’t have a combination padlock?”

“No, I didn’t.”

“While you were anchored at Fort Jefferson, did another boat approach yours?”

“No, we didn’t see another boat for the whole time we were there, which was, I guess, around eighteen hours. We did see an airplane once, shortly after sunrise, flying low—sightseeing, I suppose.”

“What kind of airplane?”

“A small Piper, I think, something like the Warrior.”

“A seaplane?”

“No, I didn’t see any fl oats. It circled the area a couple of times, then flew away in the direction of Key West.”

“Did you see anyone at Fort Jefferson when you went ashore?”

“Not a soul. The circling airplane was the only sign of life we saw out there, until the seaplane arrived for us.”

“What happened to your rubber raft?”

“It’s still at the Key West Airport, I suppose. I haven’t had time to retrieve it.”

Stone was impressed with Evan’s composure and the clarity of his responses. “Agent Corelli, Evan is willing to take a polygraph test, if it would be helpful to you.”

Corelli glanced at Myers, who shook his head almost imperceptibly. “Thank you, that won’t be necessary at this time,” Correlli said.

“Maybe later.”

“Is there anything else, gentlemen?” Stone asked.

“Yes,” said Myers, speaking for the first time. “I have some questions about Evan’s relationship with Charles Boggs and the death of Mr. Boggs.”

Stone didn’t like this a bit. “How is that relevant?” he asked. “I haven’t had time to consult with my client about that situation.”

“Its relevance will become apparent,” Myers said. Evan spoke up. “It’s all right, Stone,” he said. “I’m willing to answer their questions about Charley.”

Stone still didn’t like it. “All right, gentlemen, but I reserve the right to stop the questioning and consult with my client, if I think it’s necessary.”

“Certainly,” Myers said, then he turned to Evan. “What is your full, legal name?” he asked.

Stone held his breath.