The Closers
suspect, Roland Mackey, to contact other suspects-one of whom is listed in the warrant-and talk about the murder. As you can see from the warrant, we believe more than one individual was involved in this crime but we have only directly linked Mackey to it. If we are up and running our taps when the newspaper story hits, we might be able to identify the others involved through his calls and conversations.”
The judge nodded but she wasn’t looking at them. Her eyes were cast down on the application and authorization forms. She had a serious look on her face and Bosch began to get a bad feeling. After a few moments of silence, she said, “And the other reason for your hurry?”
“Oh, yes,” Rider said, having apparently forgotten. “The other reason is we believe Roland Mackey still may be engaged in criminal activities. We don’t know exactly what they are at this time, but we believe that the quicker we can start listening in on his conversations the sooner we will ascertain that and be able to stop someone from becoming a victim. As you can see from the application, we know he has been involved in at least one murder before. We didn’t think we should waste time.”
Bosch admired Rider’s response. It was a carefully designed answer that would put a lot of pressure on the judge to sign the authorization. After all, she was an elected official. She had to consider the ramifications of her turning down the application. If Mackey committed a crime that could have been stopped had the police been listening to his phone calls, the judge could be held responsible by an electorate that wouldn’t care much about whether she had been trying to safeguard Mackey’s personal rights.
“I see,” Demchak said coldly in response to Rider. “And what is your probable cause to believe he is engaged in current criminal activities since you cannot cite a specific crime.”
“A variety of things, Judge. Mr. Mackey cleared probation for a sex crime twelve months ago and immediately moved to a new address where his name is not listed on a deed or rental agreement. He left no forwarding address with his former landlord or the post office. He is living on the same property as an ex-convict with whom he has previously engaged in documented criminal activity. That is William Burkhart, also listed in the application. And, as you can see from the application, he is using a phone not registered in his name. He is clearly flying below radar, Your Honor. All of these things together paint a picture of someone taking precautions to hide involvement in criminal activity.”
“Or maybe he just wants to avoid government intrusion,” the judge said. “It is still very thin, Detective. Do you have anything else? I could use something else.”
Rider glanced sideways at Bosch, her eyes wide. Her confidence in the waiting room was leaving her. Bosch knew she had put everything into the application and her comments in chambers. What was left? Bosch cleared his throat and leaned forward to speak for the first time.
“The previous criminal activity he took part in with the man he now lives with were hate crimes, Judge. These guys hurt and threatened a lot of people. A lot of people.”
He settled back in his seat, hoping he had just ratcheted the pressure up at least another notch.
“And how long ago were these crimes?” the judge asked.
“They were prosecuted in the late eighties,” Bosch said. “But who knows how long they have continued? The association of these two men has obviously continued.”
The judge said nothing for another minute as she seemed to be reading and rereading the summation section of Rider’s application. A small red light at the side of the desk went on. Bosch knew it meant that whatever was scheduled in her courtroom was ready to begin. All attorneys and parties were present.
Finally, Judge Demchak shook her head.
“I just don’t think you have it here, Detectives. You have him with the gun but not at the murder scene. He could have handled the gun days or weeks before the killing.”
She waved dismissively at the papers spread in front of her.
“This bit about him burglarizing a drive-in movie theater where the victim and her friends liked to go is tenuous at best. You really put me on the spot here by asking me to sign off on something that just isn’t there.”
“It is there,” Bosch said. “We know it is there.”
Rider put a hand on his arm, a warning not to lose it.
“I’m
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