CARD CARRYING
Complete in Eight Parts
by Roman Sympos
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Part 1
"That’s what makes it so interesting,” said Monica. “His cockamamie story.”
She and Hart were having coffee and muffins at The Squawking Gull, as they had fallen into the habit of doing every Wednesday morning after the Seeburg murder case. Today’s meeting was business related. Monica was briefing Hart on a client for North Shore Legal Aid, the non-profit that she and her attorney husband, Sam Tull, had founded to help low-income people cover the costs of litigation. Monica had originated the idea and handled the business end. Sam, a Harvard Law graduate who grew up in Roxbury, Boston’s historically Black neighborhood, handled the legal end. He also provided the firm’s street savvy and creds. NOSHLA had Hart on retainer as their chief investigator.
Hart still didn’t like the wrought-iron chairs at The Squawking Gull, which were way too small for his oversized avoirdupois. But his attachment to Monica, and the Gull’s muffins, made the discomfort bearable, and he enjoyed the view of Main Street from the window table.
It held special interest since an ICE arrest had taken place there, in broad daylight, a few days ago. Two Senegalese fishermen weren’t carrying their green cards. Voices were raised, bodies slammed to the pavement, wrists cuffed. The mild hysteria infecting the city of Gloucester since the election of Donald Trump rose to Alert level. Yesterday the National Oceanic and Atmospheric Administration, which was still a major employer in the city despite its declining fishing industry, had announced layoffs, and health benefits would be costing substantially more, with fewer options and more restrictions on coverage beginning January 1st. Everyone in town was on edge.
As usual, Hart was wearing his overcoat to hide the disparity between his rear end and the thimble-sized seat he was perched on. It was one of the few things that betrayed uneasiness about his gargantuan dimensions, which otherwise never crossed his mind. His complexion he could do nothing about.
Being a gentleman, however, he’d placed his fedora on the table.
“Sounds like he grabbed it out of thin air,” said Hart, taking a bite of his muffin. Carrot this morning. “The story, I mean. Not the card.”
“Like, what, a fucking gnat? Ever try it? Harder than a long-haul truck driver after a week on the road.” Monica had a mouth that belied her appearance, which most men, and women, too, found sweet and beatific. Long golden curls, sky-blue eyes, rosebud lips. Nothing about her had any connection to her personality except her last name, “Spinoza,” which was Italian for “thorny.”
Hart was used to the discrepancy. He’d known Monica and Sam since high school.
“Only thing harder is thin air,” Monica continued. “You have to be a magician to pull that off. The coin that isn’t, and then it is? The man isn’t smart enough to make up something like that. ‘Here, do the Lord’s work’”?
Hart only nodded. His mouth was full of muffin. He took a sip of coffee and said, “OK. Suppose he’s telling the truth. He’s standing there with his Apocalypse Now sign, and a woman driving a blue Prius gives him a credit card . . . ”
“’Tosses.’ It has to go in the basket.”
“Ok, ‘tosses,’ and she makes the basket. My question is, why?”
“It was a sign. From the Lord,” Monica said with a straight face.
“No, I mean, why give him the credit card?”
“I assume she stole it or found it, and used it, and was afraid of getting caught with it.”
Hart was about to take another bite of his muffin but put it back on his plate. He’d lost his appetite.
“So why not throw it away?” he asked.
Monica shrugged. “Offset the bad karma?”
The subject of Monica’s and Hart’s conversation this bright, hot September morning was Jeremiah Pennington, who’d been arrested for credit card fraud the day before.
Jeremiah had materialized over Labor Day weekend on a traffic island at Grant Circle, the rotary where the Route 128 freeway feeds cars from the rest of Massachusetts into Route 127, a twisty, two-lane road circumnavigating Cape Ann. This was at evening rush hour, so the backup was sizeable, giving motorists time to fish a few coins out of their pockets while they waited for a gap in the swirl of traffic.
He was wearing a burlap sack cinched with rope. His hair fell past his shoulders and his beard stuck out like a flat-nosed shovel. Two skinny legs clad in blue jeans and torn sneakers poked out beneath. He held a hand-printed cardboard sign that said, “The End of the World is Coming!” and at his feet was a battered wicker wastebasket painted red, white, and blue with another sign: “Are You Saved? Make a Basket and FIND OUT!” There wasn’t much in it—maybe enough to buy him a large black at Dunkin’. But coins lay glittering in the sun all around it, like a halo.
A couple of weeks went by. Jeremiah became a fixture. Also, a nuisance.
Two days ago, on Monday, a patrol officer told him he’d have to change locations because he was impeding the flow of traffic. Since it was morning rush hour, the Prophet of Grant Circle was standing on the traffic island opposite his previous location and was now facing cars headed into Boston from East Gloucester. He cited his rights under the First Amendment. “I have the right to speak my mind and I have the right to worship as I choose,” he said in a quiet voice. “I’m doing the Lord’s work.”
“Yes you do and maybe you are,” replied the cop, “but not here.”
He was back next morning at still another compass point on the circle, the traffic island on the north side. The same cop spotted him and warned him for the last time.
“I moved,” said Pennington, pointing to where he stood the day before. The officer gave him the stink-eye and stayed parked there, blue lights flashing, while the Prophet picked up his things and left.
Later the same morning, the store manager at The Common Crow, a natural foods market on the corner of Eastern Avenue and Pond Road, called to report a man trying to use a credit card without proper identification.
“That’s not against the law,” said the desk sergeant.
“The card belongs to a woman,” said the manager, then added, “It’s that nut case from Grant Circle.”
Pennington was arrested as he emerged from the store. He was clutching a Sandy Bay Bank credit card belonging to a “Patricia McCabe.” His basket, signs, and burlap nightshirt were nowhere in evidence. Nor were any purchases. He’d been turned down.
Pennington was read his rights but waived them. He said he had nothing to hide. The card was “a gift from the Lord,” and he explained how he’d come by it. “I was going to buy some birthday candles,” he added, when asked.
“They have organic birthday candles here?”
Pennington nodded. “Beeswax.” When asked if it was his birthday, he replied, “They’re for the altar.”
He lived in a plastic-sheeted refrigerator box hidden among the witches’ weeds and blueberry patches of Cape Ann’s forested interior, known locally as “Dogtown.” One of the earliest settlements on the Cape, Dogtown had dwindled long ago to a few cellar holes and an occasional squatter, like Pennington. Only the mosquitoes had survived the passing of centuries.
The police drove Pennington to the trail head for “Historic Dogtown,” off Cherry Street, and together they walked the fifteen minutes to the man’s abode. It was just off the Adams Pines Trail, near Granny Day’s Swamp. Inside they found his panhandling paraphernalia, a filthy woolen blanket, some scraps of food covered with ants, a bible, and a small pile of rocks bristling with candle stubs. He lit the candles when he prayed, the Prophet said, or needed light to read The Book.
“Why not use the card to buy some ant traps?” one officer asked. This was the one who’d told him to move.
Pennington explained his “Basket Sortilege.” Anything that fell on the ground was meant to sustain God’s Prophet until the Rapture. The money in the basket was the Lord’s, for worship purposes only.
“It made the basket,” he said. “Didn’t even touch the rim. So who am I to question His wisdom?”
A background check showed Pennington was a decorated former GI who’d served in Afghanistan. Also, he’d spent two years at MCI Concord for credit card fraud. That and his lack of an address meant bail was out of the question.
The case was initially given to a junior detective, but Pete Fallon asked for it. The younger officer was glad to step aside. No glory here.
Detective Lieutenant Fallon wasn’t looking to add to his workload, but the name “McCabe” rang a bell. Also, Fallon had served in Iraq, and Pennington had seen combat, so there was that. As for the man’s story, it was too crazy not to be true. But maybe Pennington was crazy. Fallon decided to find out. After thirty-five years on the force, he thought he’d seen everything. He hadn’t seen this.
First thing he did was call the customer service number on the card. He was told the owner of the account would be notified.
“Could I have Ms. McCabe’s phone number?” he asked. Not without a court order, he was told. Rules are rules. “Have her contact me as soon as you reach her, will you?” he asked.
Second thing Fallon did was call Monica and her husband, Sam. The state’s public defenders were on strike again and Pennington would need all the help he could get. Fallon had met the couple through Hart, who’d helped him solve the Seeberg case, and he’d immediately taken to Monica. She was tough, smart, and as cynical as a death-row priest.
“This is strictly against protocol,” Fallon told her. “You didn’t get it from me. And it changes nothing. You do your job, I do mine.”
NOSHLA agreed to handle Jeremiah’s defense. The interrogation took place later that afternoon, with Sam Tull sitting next to his client. Pennington had already told his story, so that was in the record. To all of Fallon’s other questions he replied, as instructed, “No comment.”
Now, twenty-four hours after Pennington’s arrest, nothing had changed. What Monica knew about the incident she’d gotten from Sam. Attorney-client privilege extended to NOSHLA staff as well as investigators on retainer, like Hart, who phoned Fallon on leaving The Squawking Gull.
“You believe him?” Hart asked. He’d left the rest of his carrot muffin untouched. Faced with things that didn’t add up, he often forgot to eat.
“I want to believe him,” said Fallon. He paused and Hart could hear the crackle of a lit cigarette. “The man did his time for the credit card business, and he’s a decorated vet, honorably discharged. So I’m willing to give him the benefit, if anyone can tell me how his story makes sense.” Hart pictured Fallon standing outside the parking lot entrance, a gray man in a gray suit standing in a gray cloud, scratching his head with his cigarette hand. “That would help.”
#
Back at his desk, Fallon received a call from the desk sergeant. A Tommy McCabe was on the line. He said he was Patricia McCabe’s husband.
“I’m afraid she’s been abducted,” said Mr. McCabe. “By ICE.”
As soon as he heard the word “ICE,” Fallon remembered where he’d seen the name on the credit card.
Patricia McCabe was minister of the Unitarian Universalist Church of Wickham, a sleepy semi-rural community several miles west of Cape Ann. For the last three months she’d been reaching out to colleagues up and down the North Shore to help her organize a sanctuary network for immigrants feeling threatened by the current wave of Federal arrests and illegal detentions. She’d drawn a great deal of press, along with unwelcome attention from Immigration and Customs Enforcement and other security agencies.
“When did you last see your wife?” Fallon asked.
“Yesterday morning,” said McCabe, “just before I left for work. That was about a quarter past seven. She was getting ready to head over to the church. The secretary called me an hour or two later to see if she had some errands or had changed her mind. She wasn’t answering her phone.”
“Did you call the Wickham police?”
“Yeah.” McCabe sounded aggrieved. “They said she had to be missing for three days before they could begin looking for her. So I thought I’d try you guys. I know she had business in Gloucester later that morning, and she was planning to take a walk in Dogtown, just to get some fresh air and clear her mind. She’s hardly seen daylight since the new wave of arrests started.”
Fallon told McCabe about the credit card. The Reverend’s disappearance was now part of a criminal investigation, so there’d be no question it would be pursued. “But what makes you think this is an Immigration and Customs Enforcement matter?” asked Fallon.
“Don’t you read the news?”
“Sorry, Mr. McCabe. I mean, is there anything specific to make you think it’s ICE?”
After a pause, McCabe said, “No. Not so far.”
“I take it you’ve tried her phone number.”
“It goes straight to voicemail.”
“Could I have it?”
McCabe recited the number and Fallon entered it into his contacts. He’d try it after hanging up.
“What was your wife wearing when she left the house yesterday? And what kind of car does she drive?”
“Khaki pants, striped blouse. She took her green windbreaker, I think. It’s not here. And a straw hat with mosquito netting. She drives a blue Prius.”
Part 2
The Prius was found the next morning, Thursday, in the parking lot at Goose Cove Reservoir. It was reported by a local resident out walking his dog. The dog noticed the smell before his owner did.
The body of Patricia McCabe was lying in the cargo area under the tonneau cover. The back of her head was crushed in and blood had soaked the fabric of the wheel-well panel beneath her.
She’d been dead for about 48 hours. The autopsy might narrow that down, but determining the exact time of death would be tricky. The sun beating on the hatchback window for two days had sped up decomposition.
Patricia McCabe had on the khaki pants and striped blouse she was wearing when she left for work. Her handbag was lying beside her, open, with the wallet missing, but the car registration confirmed her identity. A green windbreaker and a straw hat with a mosquito net veil also lay next to her. The hat was stained with blood.
The parking area at Goose Cove was about a half hour’s walk from Pennington’s refrigerator box. A thorough toss of his possessions revealed nothing incriminating, but a close examination of the area around the murder scene uncovered a good-sized rock with what looked like blood stains on it. The lab would determine that. The rock’s surface was too rough to retain fingerprints. There was also blood on the grass near the bike path around the reservoir.
The police found a wallet containing Patricia’s driver’s license in the underbrush next to the bike path, about fifty yards from the Prius. It held no money, but all the credit cards were there, except for the one found in Pennington’s possession.
Sam briefed Hart that afternoon in Hart’s office on Main Street, since the big man didn’t have a car. His size prevented him from buying anything smaller than an SUV and he couldn’t afford one. He hated driving anyway.
Pennington had been interrogated again and shown Patricia McCabe’s photo but said the woman who tossed him the credit card was wearing sunglasses and a wide-brimmed hat. No, didn’t see any mosquito netting. She could be McCabe, but he couldn’t swear to it. No, she wasn’t wearing a jacket. Yes, Pennington nodded, a blue striped blouse. He denied any knowledge of the murder. He insisted that the woman had tossed the credit card and continued north, toward Goose Cove, and that he never laid eyes on her after that.
“He’s been charged with homicide, first degree,” said Sam, “and the arraignment is scheduled for next week. So you’ve got your work cut out for you.”
“What’s your take on Pete Fallon?” asked Hart.
“He’s pissed, of course. He trusted Pennington enough to help him get a decent defense attorney and now the man’s a prime suspect in a murder investigation.”
“So what do we have in our favor?” asked Hart.
“Two things,” said Sam. “Timing, first of all. But just barely.”
The coroner placed the time of death at somewhere between 6 and 10 am Monday morning. Given the heated interior of the car, that was her best estimate.
“The police assume McCabe went to Goose Cove to take that morning walk she mentioned,” said Sam. “Someone doing Tai Chi reported seeing her heading for the bike path—or at least someone dressed like her. The mosquito veil was down.”
“That’s suspicious on the face of it.”
Sam nodded. “The witness couldn’t name an exact time, but not long after 7:30. That's when they arrived. No sightings after that.”
“Do we know why McCabe didn’t stop at her church, or see her colleague here in town first, like she planned to do?” said Hart.
“No, but her reasons are irrelevant. Pennington’s whereabouts aren’t. According to the police log, he was standing on the island where 127 heads up to the Reservoir when he was told to move at 8:17. Even if he happened to be in the Goose Cove parking lot earlier, when McCabe arrived just after 7:30—and why would he be? It’s not on his way to Grant Circle—could he have waylaid her next to the bike path, grabbed her wallet, taken the credit card, and then dragged her body to the car, thrown it in the back, and make it back to the rotary in just half an hour? And all without being seen? That rules out his murdering McCabe before he starts his day at the Circle.”
“And it's almost certain our witness would have seen him," said Hart. "OK, one possibility down."
“Pennington says he wasn’t planning to leave the rotary until 11 o’clock. Wanted to stick around for the morning beach traffic.”
“Too bad the cop told him to move on. He’d be in the clear.”
“He took the cop’s warning as a ‘sign.’ The woman who tossed him the credit card said, “Do the Lord’s work, but do it fast. The End is near.” He didn’t know how near, he says, until the cop told him to pack up his things.”
“So let's do the math for killing her after the cop tells him to leave," said Hart, “What would it take him? Maybe 45 minutes, at least, to reach Goose Cove by foot, right?”
Sam nodded.
“That means he’d get there around 9 am, well within the ETD.”
Sam nodded again.
“I take it no one saw the toss?”
“No, and Pennington doesn’t own a watch, so he can’t tell us when his encounter with the woman in the Prius took place.”
“Doesn’t mean it didn’t happen,” said Hart, “and someone may still come forward.”
“Sure, but let’s work with what we know. The police tell him to leave the rotary at 8:17, so allowing for a few minutes to smart mouth the cop and pack up his stuff, let’s say he actually leaves at 8:20. Then he isn’t seen again until he gets to The Common Crow a little more than two hours later, at 10:26. As the police figure it, that gives him enough time to walk to Goose Cove Reservoir, kill McCabe, ditch the robe and other stuff at his squat, and walk to the store. Tight, but time enough, they say.”
“What does Pennington say?”
“He says he went straight to his refrigerator box, where he knelt down and asked God what he should buy with the card. While he was praying, the last candle on his altar burned out. Of course he took that as another sign. So he left for The Common Crow, where he usually shopped for his food—
“Organic? Isn’t that expensive?”
“'My body is the Lord’s temple,’ he says, ‘and I will not desecrate it.’" Sam did a tolerable impression of James Earl Jones. "Or something like that. Anyway, he went there to buy more birthday candles.”
“He wasn’t worried that the name on the card wasn’t his?”
“God works miracles.”
“Without the detour through Goose Cove Res, he could have covered the distance from Grant Circle to his squat via the Dogtown Road trailhead—that’s a lot nearer than Goose Cove—and then to The Common Crow, all in under two hours, right?”
“Bet, bruh,” said Sam, who liked to pepper his White English with AAVE every now and then, just to show he could. “Well under.”
“And for the murder scenario to work, there couldn’t be more than a second or two of delays,” said Hart.
“Right. Pennington would have to reach the parking lot just as McCabe was getting back from her walk. That would put her at the Res at around 9 am. He’d have to find a rock, sneak up on her from behind, bludgeon her, and put the body in the car—all without being seen by hikers, dog-walkers, or nearby residents, and without getting blood on his clothes. The police didn’t find a trace--not on his shirt or jeans or shoes, or his robe.”
Hart brightened up. “But why would Pennington follow McCabe to Goose Cove Res in the first place? He’d have to know where she was headed, and that means she had to tell him, right? And that would give credibility to Pennington’s story about the toss, wouldn’t it? And how he came to have her credit card?”
Sam nodded. “But if she did tell him where she was headed when she stopped, that helps the police, because now they have a reason for Pennington to look for McCabe at the Res. The credit card gave him the idea there was more where that came from.”
Hart thought it over.
“So,” he said, “They didn’t like the story for the fraud rap, but they like it now for the murder rap.”
“Exactly. So your first assignment is to nail down Pennington’s exact route after he was told to move on. Did he go to his squat via the Cherry Street entrance or Goose Cove Res? Find witnesses. Maybe canvass residents?”
Hart nodded as he entered notes on his iPhone. “What’s the second thing in our favor?”
“ICE,” said Sam.
#
Prompted by McCabe’s suspicions, Fallon called Silent Eye, the state-wide citizens’ organization monitoring ICE arrests and detentions, to see if anyone had reported witnessing an arrest in Rockport or Gloucester the morning of Patricia McCabe’s murder. Someone had, a jogger, on one of the less populated stretches of the Bass Rocks Road loop just south of Good Harbor Beach. This was about four and a half miles from where the body was found.
“The siting was around 8:30, 8:40 am,” said Sam, “on the morning she was killed.”
“Leaving plenty of time to murder her within the window for the ETD. When was the call made?”
“Yesterday afternoon.”
“That’s like thirty-six hours later. Why the delay?”
“The caller said they were reluctant to come forward.”
“‘They?’”
“Silent Eye wouldn’t provide any details.”
Hart thought a moment. “Bass Rocks Road isn’t anywhere near Goose Cove, and that’s where Pennington says she was headed."
“Right. But it's just off the route to East Gloucester, where McCabe had her appointment that morning. She could have missed a turn on the way there and got confused.”
“Was there video?”
“Caller said they didn’t have their phone at the time, but the description fit McCabe and the car was a blue Prius.”
“Were they sure it was ICE?” asked Hart. “What kind of vehicle were the arresting officers driving? Were they wearing their badges? Were they wearing masks?”
“A black SUV. The caller couldn’t see any insignia on the car or the officers. There were three of them. And yes, they wore masks.”
“Have the police ID’d the caller’s phone number?”
“Silent Eye no longer keeps that kind of information,” said Sam. “That way they can guarantee anonymity. Best way to defeat a subpoena.”
“So what do they do when someone calls?”
“They send two volunteers to the site of the arrest to confirm and record it, if it’s ongoing, and to get more information. You'd be surprised how talkative some of these Feds can be. Most of them think they’re just enforcing the law. All in a day’s work.”
“But it was over long before Silent Eye could check it out.”
“Right.”
“More and more suspicious. I mean the call. Anonymous . . .”
“Lots of witnesses are afraid to identify themselves these days,” said Sam.
“. . . and no video, and no number, and uncorroborated. And what happened to the Prius? How did it get to Goose Cove Res?”
“Two agents got into the SUV with McCabe. The third impounded her car and followed. That’s according to the witness.”
Hart shook his head. “I still don’t buy it.”
“But it is an item in our favor,” said Sam. “It muddies the water. No one can prove it didn’t happen.”
“What does Fallon say?”
“Not much these days, but when I put the case to him directly he said the ICE field office in Burlington denied deploying any unit to Gloucester that day . . .”
“If you can believe them.”
“. . . and it’s not their M.O. to murder detainees.”
“No, leave that to the police in El Salvador.”
Sam paused and looked at Hart as if to ask, “Are you through?” Then he resumed.
“Given the masks and lack of ID, Fallon thinks it’s possible McCabe was kidnapped by ICE imposters. But there were no ransom demands—she was killed practically before anyone could make them. Did her organization get targeted by some anti-immigration KKK? Very unlikely. What kind of threat did it pose? Since there’s no hard evidence the abduction took place at all, Fallon’s inclined to think the caller was mistaken.”
“Or it could have been a diversion,” said Hart, not looking up from his notes.
“But for whose benefit?” asked Sam. “Certainly not Pennington’s. The body hadn’t been found at the time the call came in, and Pennington wouldn’t be charged until after that.”
“Anyone you’d like me to talk to?”
“McCabe’s church secretary might have more information about the Sanctuary Network and Patricia McCabe's personal life. And get in touch with the Reverend Manuel Figeroa, minister of The Synod Assembly Church of God in Christ, down in East Gloucester. That’s who was supposed to meet with McCabe.”
“And the husband?”
“His alibi checks out. He told Fallon he left the house not long after Patricia did, at seven-thirty or thereabouts, and picked up two co-workers along the way. They all work at the NOAA offices here in Gloucester, and he drives for their car-pool. The first rider lives in Wickham, about five minutes from the McCabe residence, and the other one in Gloucester, on Eastern Avenue—maybe another twenty minutes. Both told Fallon that they were picked up and arrived at NOAA on time, just before eight."
“Could he have murdered her at home? Packed the body in the Prius, driven it to . . .”
“How would he get back to Wickham if he left the Prius at the Res?”
“A Lyft?”
“Too risky.”
An accomplice?”
“Like?”
“Wouldn’t hurt for me to contact him. How did he take it?”
“Fallon drove to his home to break the news. McCabe took it calmly. Said he’d been preparing himself for this ever since Patricia got mixed up in the immigration crack-down. Here.” Sam texted Hart the phone number. “But from what Fallon tells me, he’s already convinced it’s Pennington. You might have a hard time getting him to open up to the Prophet’s private investigator.”
“What about the ICE field office?”
“You’re unlikely to learn anything that Fallon didn’t, which is nothing, so don’t waste your time.”
Before he left, Sam reminded Hart to keep everything under wraps. “Leave the public statements to me. The police will release theirs later today. I’ll talk to the press after that.”
​
Part 3
It was already late afternoon and there was a heat advisory that made the idea of canvassing Cherry Street door-to-door profoundly unappealing. Hart decided to wait for cooler weather tomorrow. Instead, he called the Reverend Figeroa, then caught a CATA bus to East Gloucester.
The Synod Assembly Church of God in Christ was an evangelical outfit occupying a former bait and tackle warehouse built on pilings that extended over the outer harbor. The neighborhood abutted the historic artists’ colony of Rocky Neck and included the Gloucester Stage Company and a few restaurants. The mansions (“summer cottages”) of old East Gloucester were clustered not far from here, at the south end of the peninsula.
Figeroa looked young, in his mid-20s. He had a black, pencil thin mustache and wore jeans and an open-necked short sleeved shirt with no clerical collar. He was also an exception to the general run of evangelicals that Hart knew, who ardently supported the president and his anti-immigration crackdown. The Synod Assembly Church included lots of Hispanic, Portuguese, and Asian immigrant families. Figeroa told Hart he was supposed to meet with McCabe Tuesday morning to hear her pitch for joining the Sanctuary Network, but she never showed. He was surprised to hear she’d been reported missing.
“When was it for?” asked Hart.
“Ten o’clock,” said Figeroa.
“Why drive all the way here?” asked Hart. “Why not make the pitch by phone? Or use What’s App?”
“I asked her the same question when she called to set up the appointment. She said she didn’t trust phones or online communication generally, because they’re all monitored. I don’t know if that’s true, but she believed it. I half-believe it myself.”
“What do you know about the organization?”
“Only what she was willing to share over the phone—the other churches involved, their mission, what they offered for individuals and families at risk. All public knowledge. She said she’d give me the details when we met, if she decided to trust me. That’s another reason she wanted to meet in person.”
“You know that declaring a church or a town a ‘sanctuary’ has no legal weight, right?”
“Sure, and so did Patricia. It’s only symbolic. But she said the Network had put some teeth into it.”
“Any idea what she meant?”
“Not really. She said the Network had figured out how to ‘keep ‘em guessing,’ as she put it, and . . .”
“To keep ICE guessing?”
“Yes. I think she meant how to keep them wondering whether a church was hiding illegals or not.”
“So, a misinformation campaign of some sort—get ICE thinking there were illegals hiding in the church when there weren’t?”
Figeroa nodded.
Hart thought for a moment, then asked, “But why get them interested in the first place? Why call attention . . .”
“Or the opposite,” said Figeroa.
“What do you mean?”
“Get ICE to assume they couldn’t be there, when they were.”
“But ICE would laser in on any church signed into the Network. Everybody knows who they are. So how would you get them . . .” Hart stopped himself in mid-sentence.
“Mr. Hart? You were saying?”
Hart shook his head. “Never mind,” he said, then added, “How is your church doing? I mean, with arrests, harassment . . . “
“So far, we’ve been left alone,” said Figeroa.
“Any idea why that is?” asked Hart. “I mean, you have a lot of immigrants in your flock. I’d have thought . . . “
Figeroa shrugged. “The Lord is looking out for us.”
Someone is, thought Hart.
#
On his bus ride back, Hart dialed the UU Church in Wickham. No one was in the office this late in the day, so he left a message for the church secretary asking if she could meet with him tomorrow morning. Then he called Tommy McCabe.
Based on what Pete told him, Hart expected McCabe to hang up the second he learned who the caller was. So he was surprised to hear the man say, “I think they’ve got the wrong guy. I think it’s ICE. Or some gang posing as ICE.”
Hart waited to hear more. McCabe sighed.
“I’m going to share some confidential information, but first you have to swear to me that you’ll keep it confidential, at least until a week from now.”
“If I’m subpoenaed . . .”
“Yes, I know. But otherwise. I mean, not only from the police, because frankly we don’t trust them, but from Pennington’s defense team, too.”
“Sorry, I can’t do that,” he said, wondering, Who’s “we?” “If it helps my client, I have to use it, and if I have to use it, the police will know.” He paused to think. “I can’t guarantee a week, but I promise to hold onto your secret as long as I can.” When McCabe didn’t reply, he added, “Does it have anything to do with moving illegal immigrants from church to church?”
The Sandy Bay credit account, it turned out, was a clandestine information hub for the Sanctuary Network, with Patricia as primary account holder. The other four Network ministers had been added as co-signers and issued cards in their own names. Patricia McCabe had arranged to have all card holders notified the second any activity appeared on the account.
The card had two functions. First, using it to get a cash advance at an ATM would let other members know when illegals at one church needed to be moved to another because ICE was about to raid the sanctuary church.
“So, a kind of shell game, using illegals as peas?” asked Hart. “’Keep ‘em guessing?”
“Yes,” said McCabe.
“But how does . . . ?”
“The advances are number coded,” McCabe continued. “Each amount begins with a numeral from 1 to 5 indicating the current sanctuary church, followed by another numeral indicating the destination church, followed by a zero to round the withdrawal to a multiple of ten.”
“That adds up, doesn’t it?”
“The advances are immediately re-deposited, so the interest is minimal. It doesn’t take much to cover them.”
“But how does the network know when ICE is going to strike, and where? And how can they sneak the illegals in and out? Wouldn’t ICE have all the Network churches under surveillance, just waiting . . .?”
“They’re never there.”
“Who?”
“The illegals. They’re never at a church. Any church.”
“So where are they?”
“I can’t reveal that. But I can tell you where they’re headed: Canada.”
“An Underground Railroad.”
“For illegals. And the credit card codes are to keep ICE looking in all the wrong places. Patricia told everyone she knew that she didn’t trust phones because they could be hacked. She was certain her suspicions would get back to ICE. All she had to do next was arrange for the Feds to find out about the credit card code without suspecting they were being set up—which, she told me, wasn’t too hard. They didn’t have to know the code. Just knowing it existed made them zero in on the churches.”
“What will happen in Canada?”
“We have people there to help refugees secure their rights under Canadian law—something they can’t count on here, of course. Things could take a turn for the worse if the Strong Borders Act is passed, but it’s stalled in Ottawa with a long way to go before coming to a vote, and we’ll empty out our hidey-holes before then. Without Patricia, the operation can’t continue anyway. She’s the only one who knew where the illegals were supposed to be at any given time. Kept it all in her head.”
Like a chess grand master playing without a board, thought Hart, who was fond of the game.
“You said the card had another function?”
“As an alarm,” said McCabe. “If any member of the Sanctuary Network felt they were in imminent danger of being arrested by ICE, all they had to do was order something online or enter the nearest store or find a drive-up window and use the card to make a purchase, in any amount. The group would immediately be notified and contact the Network’s lawyer.”
“I take it you’re also on the account?” Hart asked.
“Yes. But Patricia never got to use the card, so I never received the alarm.”
“She must have noticed she was being followed and was afraid of being jumped by ICE the second she pulled over.”
“So she tossed it to Pennington—"
“‘Do it fast! The End is near!’”
“—and Pennington was arrested before he could use it.”
Hart said nothing for a long while. McCabe broke the silence this time.
“Remember your promise.”
“I’ll keep it as long as I can.”
Part 4
The next day was Friday, the day Hart emptied and cleaned his aquarium. He always started and finished before doing anything else, including brushing his teeth.
He’d once been an untidy man. Living alone can make you that way. Landing his first detective job at Continental Investigations, in Boston, had forced him to start taking better care of himself. Dress better, at least. “Get a suit that fits!” his boss snarled at him the last time he was called to the Old Man’s office. Hart was an Operative now! He represented Continental! The lesson stuck, even after Continental went belly up, a victim of the Great Covid Resignation.
That was two years ago. His present apartment, a second-floor renovated unit on Main Street just a few blocks away from his office, was still something of a mess, but his closet now had two tailored suits, sizes large and larger. Hart’s weight and width tended to fluctuate depending on if he was working a case. Faced with a knotty problem to solve, he typically lost his appetite, sometimes for days. His two suits kept closet company with a black pair of wingtips that he shined at the end of every day. (Just one pair. Shoe sizes didn’t change much, whatever your weight.)
Having a job made him pay attention to how he looked. That, and he’d fallen in love while working the Fletcher Kraft case, his last at the firm. Long story short: she wasn’t what she seemed. But to be fair, neither was he. Male, yes, but . . . . He was never sure how to put it. Not gay, not trans, not bi. For that matter, not sexual. Or let’s say, not especially interested. Yes, he’d “had sex” (an anemic turn of phrase, if you considered how much time and effort people put into it), but only with women he cared about. He’d never figured it out, so how could he expect them to? Still, he liked women, was always falling in love. Sentimental. Chivalrous.
And big.
And so, alone.
He liked to clean the tank before getting dressed, while drinking his first coffee of the day. That’s when he’d listen to WCRB, the classical music station. Unless it was pledge week. In that case, he’d listen to WHRB, “The Jazz Spectrum.” This was pledge week.
He turned up the sound.
Betty Carter was scat-singing “Giant Steps.”
As he took the cover off the tank, he was reminded of the first time he heard Carter. It was at Wally’s, a basement be-bop shrine on Mass Ave. Monica had insisted on taking him. She was a vocalist at the time, enrolled at the Berklee School of Music, a fifteen-minute walk away. Berklee’s students would regularly jam at Wally’s. Sometimes big names performing in town would drop in after their regular gigs and join the fun. This was Carter’s night.
The room was long and narrow and packed, full of cigarette smoke and with nowhere to sit. The two of them stood in the back, just inside the door.
Even at that distance, Hart was mesmerized. Carter made nonsense make sense. She expressed the difficulty of saying what you mean by meaning more than she could say. He understood the silent misery of his life for the first time, as though Carter were speaking their own secret language. He’d remained a fan ever since.
“Giant Steps.” Ironic accompaniment for a large man tiptoeing around a thirty-gallon tank with a tiny net and a quart sized zip-lock of water. Ironic, too, for an overweight detective who was late to the starting line and eager to move fast but had to take baby steps so he could examine, with the care it deserved, everything the person ahead of him had dropped along the way.
Hart emptied the last net full of tetras into the zip-lock, sealed it, and began uncoiling the corrugated suction hose over the counter between the dining ell and the kitchen. He reviewed what he knew so far.
First, the scene of the crime.
The Goose Cove parking area was a small public space and if you drove there around 8 am on any day of the week you’d be almost certain to run into a dog walker or an early rising hiker or jogger or people working out, like Fallon’s Tai Chi witness. An unlikely place and time to choose for a murder. You’d have to be an idiot, and Pennington, delusions of imminent Armageddon notwithstanding, was no idiot.
Nor was Tommy McCabe.
According to Fallon, McCabe was sure ICE had abducted his wife when he called to report her missing, despite not having received any notification of a purchase made with the Sandy Bank credit card. Hours later, he’s hot for Pennington. Next day, he’s all for ICE again. Cold, hot, cold. “He could be guessing without thinking it through,” Hart muttered to himself. Still, McCabe’s sudden changes in temperature didn’t sit well with him. And the man lived in the same house as the victim. Plenty of opportunity.
In any case, whether it was ICE or Tommy McCabe or a killer or killers unknown, bludgeoning Patricia McCabe to death in or near the parking area of Goose Cove Reservoir in broad daylight, at any time of day, made no sense.
“So,” Hart said aloud, addressing his bag of tetras, “let’s assume the murder scene was staged by the killer and Patricia McCabe died somewhere else. See where that leads.”
Hart took the tetras’ silence for assent.
If the murder scene was staged and the murder occurred elsewhere, someone drove the body to Goose Cove Reservoir in the Prius. That would be the person Pennington described as a woman, or someone dressed as a woman, wearing Patricia’s straw hat—the person who threw him the credit card.
That would also, most likely, have been the woman the Tai Chi person had seen walking toward the Res.
Death was caused by severe head trauma from several blows with a jagged piece of granite found at the scene and stained with the victim’s blood. Forensics had concluded, from close examination of the wound, that the rock was indeed the murder weapon. But if the victim was killed elsewhere, the granite could have come from anywhere and been planted at the scene. That wouldn’t have drawn much attention.
The victim had been placed in the car soon after the blow was struck, to judge by the amount of blood that had seeped into the carpet of the cargo bin. A sunhat with mosquito netting was lying next to her, stained with the same blood. Next to that was Patricia’s windbreaker, also smeared with blood. In the shrubs next to the bike path, a few yards away, lay her wallet, stripped of currency and missing one credit card—the one Pennington had tried to use.
More and more, it was beginning to look like Pennington was being set up for Patricia McCabe’s murder. But why bother? If the idea all along was to point the finger at ICE, or ICE impersonators, why not just use the card to make a purchase, trip the Network alarm, and put the Feds in the center ring of possible suspects? Leave the body in the car and park it on Bass Rocks Road. No need to send a heads up to Silent Witness.
It struck Hart that the only finger pointing at ICE so far belonged to Tommy McCabe. It had shifted its target to Pennington, according to Pete Fallon, when Pennington got involved, and then shifted back to ICE when McCabe learned about the phone call to Silent Eye.
But again, if the idea was to implicate ICE, or ICE wannabees, why would the person driving the Prius toss Pennington the victim’s credit card? Was it just to implicate him? Multiply suspects? If so, giving him the card was a pretty unreliable option. The window for Pennington’s completing the necessary itinerary—rotary to Res to squat to Common Crow—was tight almost to the point of impossible. And if he’d stayed in the rotary until 11 am, as he’d planned, his alibi would be airtight. Plenty of motorists could have vouched for his whereabouts at the estimated time of death. For that matter, the chances were good the Prophet wouldn’t even try to use the card, especially after having served time for fraud.
And it had to make the basket, for Christ’s sake!
But whoever tossed it into the basket couldn’t know any of that, could they?
What could they know?
Hart stood next to the sink holding the drain hose in mid-air, like a motorist at a gas pump choosing a grade of gasoline.
What would they have to know?
Or think they knew?
Because they’d have to know or think they knew something. The toss wasn’t from impulse or a road-to-Damascus conversion to evangelical Christianity, not if you’re in the middle of driving a dead body to a fake crime scene. Moreover, the driver would have to have Patricia McCabe’s credit card in hand or on the passenger seat, ready to toss. They couldn’t start fishing around in the victim’s wallet when the Prophet hove into view. They’d be expecting to see Pennington standing in the rotary at the far end of the A. Piatt Andrew bridge, as usual, as they drove up.
So, if the toss was premeditated, and if implicating Pennington as a suspect was too long a shot to rely on, implicating ICE would be the only reason left to put the credit card in play. “Do the Lord’s work,” the woman said, according to Pennington, “but do it fast.”
Alert the Network.
And that was something else the murderer would have to know about: the Network. Make it look like Patricia McCabe thought she was in imminent danger of arrest . . .
But now we were back to wondering why the person driving the blue Prius couldn’t just alert the Network by stopping to buy something in Gloucester or buying it online. If online, it would have to be while driving, using the phone. Clearly, timing was important. The alert had to coincide with the ETD, and having no way of knowing how long it would take to find the body at Goose Cove Res, the murderer or accomplice couldn’t be certain how much latitude there’d be.
But again, why go through Pennington?
Pennington just didn’t fit. Period.
Wait. Go back.
Hart put down the drain hose.
The phone.
If the driver was the murderer (or an accomplice) impersonating Patricia and intending to alert the Network, they might well have her Sandy Bank credit card—they left it in the victim’s wallet, which was left at the scene—but not her phone.
Hart walked over to his desk where the case folder was lying open from last night. The sheet listing the victim’s personal possessions found at the scene was third from the top.
No phone.
Surely, whoever drove Patricia’s body to Goose Cove Res would have left her phone there, if they’d had it. How else could they have made it look as though she'd initiated an alert?
Why didn’t they leave it, then?
Returning to the aquarium, Hart took out the coral and the tchotchkes—the deep-sea diver, the treasure chest—scooped out the gravel and started scrubbing the inside of the glass with warm soapy water.
They could have forgotten to take the phone with them, it could have been broken in the death struggle—hell, it could have run out of juice just before Patricia was killed. No matter. Forgotten, broken, or dead, without it the driver would have to use their own phone.
Which would leave a traceable number.
So now the driver needs to stop at some retail establishment to use the card. But they can’t. Why not?
They might be afraid of being recognized. Or, more likely, they might be afraid that the blue Prius would be spotted at a store or a gas station and the spotter—a pedestrian, maybe, or a self-serve gas pumper, or a store clerk—remembering the driver and not matching the driver with Patricia’s photo, if they were shown one.
Applying his plastic sponge to the tchotchkes, Hart decided he liked the “forgotten” option best. It would mean the driver only realized they didn’t have the phone when it was too late to go back for it. They’d be afraid to stop and purchase something. And then, they’d think of Pennington, and pull over to the shoulder of the highway to rummage around for the card and be ready for him.
Hart picked up the empty aquarium and carried it over to the kitchen sink to rinse out with the hand sprayer.
But Pennington hadn’t been able to use the card. Thus, the anonymous phone call to Silent Eye, to point the finger, again, at ICE, where it (apparently) was meant to point to begin with.
By the time he’d added fresh gravel and replaced the tchotchkes and the filter, Hart had decided on four things. They were far from certain but taken together they made sense in light of the probabilities. As he refilled the tank, he reviewed them.
First, Patricia McCabe hadn’t been killed at Goose Cove Reservoir. She’d been killed elsewhere and her body driven to the reservoir’s parking lot in her own blue Prius sometime between seven and eight am, and left there.
Second, the driver (according to Pennington) had been wearing clothes identical to those found on Patricia’s body. Somebody was impersonating her. That meant the person seen heading for the bike path around Goose Cove Res wasn’t Patricia McCabe.
Third, Jeremiah Pennington didn’t kill her. He was an innocent bystander enlisted, without his knowledge, in a last-minute, failed attempt to fool the Sanctuary Network into thinking Patricia had been abducted by ICE, or by ICE impersonators.
Fourth, anyone involved in the murder of Patricia McCabe had to be a member of, or know about, the Sanctuary Network. That put her husband squarely in the spotlight . . . that plus the means—any big rock would do—and opportunity. Patricia had been killed between 6 am and 10 am on Tuesday morning, and the last person to see her alive, from the moment she woke up to the moment she left for work (or was killed before she left for work) was Tommy McCabe.
Having tested the pH and adjusted the tank’s heater, Hart submerged the ziplock bag of tetras in the clear water and opened it up.
“But why?” Hard asked, aloud.
The tetras ignored him.
#
The phone. The fucking phone.
Pete Fallon woke up after lying awake most of the night asking himself why Patricia McCabe’s phone wasn’t found at the scene of the crime. Not, “Where is it?” or “What happened to it?” But why anyone, besides Patricia McCabe, would want it.
He’d gone over the possibilities a dozen times, at least, and boiled them down to three that seemed likely.
The killer destroyed it because it had incriminating evidence. Or Patricia didn’t have it with her when she was killed. Those were the first two.
If it was missing but still had a charge, it would ring before going to voicemail. But Fallon’s calls to her number went straight to voicemail and “That number is unavailable. . . .” Same held true if it was destroyed..
Bottom line: the phone was gone for good, so there was no reason to lose any more sleep over it. Nothing about it could point in the direction of the killer, and Patricia’s phone records had revealed nothing suspicious so far.
But the third possibility was worth exploring.
If Patricia McCabe didn’t have her phone before she was killed Tuesday morning, that narrowed the window for her time of death considerably. It also narrowed the circle of known suspects down to one. Tommy McCabe said his wife left the house at 7:15 am or thereabouts. The three things anyone would be sure to have on their person when leaving for work were their wallet or purse, their car keys, and their cell phone. Time of death was after 6:00 am but before Patricia McCabe had her phone in her possession. Conclusion: Patricia McCabe was killed at home, before she left for work, at some point between 6:00 and 7:15 am.
Fallon sat up in bed and put his feet on the floor. At that moment his phone rang. He picked it up off the nightstand as he headed for the bathroom.
The screen showed Hart’s number.
Fallon slid the green button over.
Simultaneously, they said, “Tommy McCabe.”
​
Part 5
By the time Hart finished talking to Fallon, washing up, and getting dressed, he felt as though some bits of the puzzle were falling into place. He expected to learn more from Dorothy (“Call me Dot”) Hillers, the receptionist at the UU Church of Wickham. She’d told him the previous evening that she’d be glad to see him any time this morning after 11 am.
Hart noticed, in the mirror, that his suit was getting a bit baggy. He hadn’t lost enough weight to fit into the smaller one, but no matter. His wing tips, freshly polished, gleamed reassuringly. He called a Lyft and put his phone away. As he went out the door he heard the faint notes of Die Moldau emerging from his coat pocket. It was Sam.
“They’ve released Pennington on his own recognizance. He’ll be facing trial for credit card fraud, not murder.”
“They still don’t buy his story?”
“Makes no difference. He knew it wasn’t his.”
“Does that mean I’m out of a job?”
“For now. But you’re still on retainer and Pennington remains a person of interest, so don’t make any vacation plans.”
“Fallon and I think it’s Tommy McCabe,” said Hart. He explained why, leaving out the Sanctuary Network’s emergency credit card code. He hadn’t felt the need to let Fallon know about it, either, at least not yet. He didn’t want to put any fugitives at risk unless he had to. Of course, McCabe might be making it up, just to keep ICE in play, but that would be risky. The other ministers in the network would be able to confirm or deny its existence, maybe even Dot Hillers.
“The ICE dodge was just blowing smoke,” Hart added. “I wouldn’t be surprised if McCabe called in the siting himself.”
“Have you seen the news this morning?” asked Sam.
Barely twelve hours had passed since the police department held their press conference announcing the murder. Thirty minutes later Silent Eye released a statement saying that, just hours before her body was found, an anonymous caller reported seeing the minister being abducted by ICE.
“The protest group outside ICE headquarters in Burlington has already tripled in size and plans to be there for the whole working day. Reporters and news vans showed up minutes ago, waiting for ICE agents to come out swinging batons.”
“Shit storm,” he said.
“Ya’ think? And the crowd outside Gloucester police headquarters is almost as big.”
​
Poor Fallon, thought Hart.
On his way to Wickham, Hart asked his Lyft driver, a young woman of color who spoke with a Spanish accent, what she thought of it all. His Lyft app told him her name was “Dolores.”
Dolores shook her head and shrugged, then glanced in the rear view mirror as if to ask, “And you?”
It occurred to him that this woman had no reason to trust him. In fact, in his suit and overcoat and fedora, he looked like he could be working for the government. After a long silence, Dolores said, “I got my papers, my green card.”
As if to let me know, thought Hart, just in case.
“But I know people who got picked up,” she added.
“Did they have their papers?”
Again, Dolores shrugged.
“Were they released?”
“Not yet.” Another pause, waiting for a response. “It was right in town, right on Main Street.”
Just outside the Squawking Gull, thought Hart.
“One of them had two kids,” she added. “Seven and twelve.”
“Sorry to hear that. Were they taken away, too?”
“They’re with me now.” So these were relatives, maybe.
“I hope the parents will be released soon.”
Dolores’s eyes returned to the rear view mirror.
“Not getting your documents in order,” she said. “It makes life hell for all of us.”
#
The Unitarian Universalist Church of Wickham met in a traditional if modest white meeting house whose steeple needed painting. A rainbow flag and a Black Lives Matter banner were hanging above the entrance. The wayside pulpit on the front lawn had already attracted dozens of flower arrangements, signs, and candles. The building was deserted at this time of the weekday except for Dot Hillers, who was speaking in a low, urgent voice to someone on the phone as Hart approached her office. She glanced up as he walked in.
“Yes, Tommy,” she said, raising her voice. “Don’t worry. I’ll take care of the flowers.” Hart could hear a murmur on the other end. “Yes,” said Dot. “Have to go now.” Replacing the receiver (it was a corded desk phone) she started writing something on a pad in front of her.
“Sorry,” she said. “We’re planning a memorial service for Sunday morning and the florist has the wrong information. And there's so little time. . . . .” She stopped as the tears came, put down her pen, and reached for the box of tissues on her desk. “We can't get the body yet, for a proper funeral, but we have to do something . . . ." She wiped her eyes. "You came at a good time, though. The reporters just left and there’s a lull right now. I don’t know how long it will last.”
“That was Mr. McCabe?”
She nodded, “Something about getting the flowers delivered on time. The florist called him . . .” She stopped in mid-sentence to blow her nose, then dropped the tissue into a wastebasket and instantly composed herself. “But that’s not why you’re here.”
Ms. Hillers was a slim, attractive middle-aged woman with prematurely gray hair that she took no pains to disguise. As she stood to shake his hand, Hart could see she was wearing a mid-length black skirt in addition to her dark gray blouse, as if in mourning. She wore no rings.
Dot Hillers said she had nothing to add to what she’d told the nice police detective. She arrived at the church at 8 am, as usual, and
Nice?
“You mean Detective Fallon?” asked Hart.
“No, his partner. Ulrich, I think. Is that her name?”
Vicky Ulrich, the detective sergeant who handed off Pennington’s case to Fallon at the start. Now she was riding shotgun on the McCabe murder, when she could have been in the driver’s seat.
“Did she also interview the two co-workers who ride-share with Mr. McCabe?”
“I think so. One of them, Nick Gifford, is a member of our church and lives nearby.” Hart didn’t reply, so she continued. “Nick and Tommy go way back. Attended high school together, played baseball together. They even won a division championship on the strength of Nick’s pitching.”
“Sounds like he was quite an athlete.”
“High school batters aren’t used to lefties.”
“Also sounds like you’re a fan.”
She shrugged. “We were classmates. And I played girls' softball. Outfield.” She was proud but embarrassed, as if Hart might think she was bragging.
To test McCabe’s credibility, Hart asked Dot if she knew about the Sandy Bay Bank credit card and its role in the Sanctuary Network.
She looked surprised.
“Mr. McCabe told me,” said Hart. “He swore me to secrecy.”
“Thank you,” said Dot.
“But as I told him, if the information can help my client, I’m going to have to share it with the police.”
“Didn’t they let that poor man go?”
“They dropped the murder charge, but he’s still up for credit card fraud.”
She nodded. “I see.”
“So let me ask. Mr. McCabe thinks ICE was involved. Do you?”
She considered the question, then shook her head.
“I think they’re capable of nearly anything, but not that. Why not detain her and send her to a foreign jail on false charges? And it was so badly mishandled. The way she was killed? And kidnapped on a public street, at midday? She was often here at the church after hours, working until late, alone. A sitting duck.”
“You’d make a good detective,” said Hart.
“But ICE impersonators—I can believe that. Wasn’t there an incident recently? In Florida. And just the other day, someone was killed in Chicago.”
“Not by phonies. Assault, rape, intimidation—that’s what they have in mind. Not carjacking or murder. No evidence of gang activity, either.”
“There’s always a first time.”
Hart didn’t contradict her.
“One last question. Was there any friction or unhappiness in the McCabes’ marriage?”
Hart expected Dot Hillers to bristle at the idea. Instead, she looked him in the eye and said, “What marriage is without it?”
She paused to consider what she’d say next.
“I don’t want to get Tommy—Mr. McCabe—in trouble,” she went on. “I hope you don’t suspect him. Pat dedicated her ministry to social justice, a real woman warrior. And Tommy stood behind her a hundred percent.” She paused again. “After a while, it became too much for him.”
“Couldn’t take the heat?”
“That wasn’t it. He’d have held her hand and walked through fire if she asked him to. I don’t think it ever occurred to him that she might get so wrapped up in saving the world she’d forget he was there at all.”
“He felt neglected. Did he find someone else?”
“Not that I know. I just know he was miserable.”
“He told you?”
“She did.”
#
As soon as he got back to the office, Hart called Fallon for an update. He started by asking if Ulrich had mentioned anything about the McCabes’ marital troubles. It was a conversation he didn’t want to have in the back seat of a Lyft, with a driver present.
“Interesting. No, she didn’t. Maybe she forgot to ask. But here’s something that might tie in. I just got off the phone with an insurance investigator wanting to know if I could share any information. You may get a call, too.”
“Let me guess. The two-year clause.”
“They suspect something.”
“I take it Tommy McCabe is the beneficiary.”
“Looking at two hundred.”
“Now he has to wait.”
“They haven’t decided. They’re considering.”
“What did you tell the investigator?”
“Nothing. But politely.”
​
“Have you talked to McCabe yet?”
“He says they agreed to take out the extra policy when his wife got involved in the Sanctuary Network—a kind of hazard hedge. Includes personal injury. She signed off on it.”
“Listen. Is Ulrich in today?”
“She’s on another assignment this morning but should be back after lunch. Why?”
“I understand she got the witness statements from Tommy’s ride-shares. I’d like her impressions.”
“It’s all written up.”
“Could you tell her I’d like to talk to her, maybe stop by after lunch?”
“Call her yourself.”
“You know she won’t pick up.”
Two minutes later the insurance investigator called. His name was George Tonelli and he wanted to offer Hart a job.
“I’m on retainer,” said Hart, “working the Pennington case for Sam Tull.”
“Isn’t Mr. Pennington back at his post, soliciting cash for Christ? They say the Big Guy has a return ticket.”
“Jeremiah’s still up for credit card fraud, and he’s still a person of interest in the McCabe murder.”
“It would pay well—much better than you’re making now. And it could lead to something permanent. Good benefits. Opportunities for advancement.”
“I had something permanent once. It’s now permanently kaput.”
“Continental, Boston Branch. I know. Impressive”
“If you know that, you also know I’m not for sale.”
Tonelli didn’t miss a beat. “My apologies. I had to try. Before you hang up, though, could you at least confirm a piece of information for me?”
“Depends.”
“Is it true that Patricia McCabe was having an affair with one of her husband’s ride-share passengers?”
“Which one?”
“Uh-uh, you first.”
“What’s your source?”
“That’s all I need to know, Mr. Hart. Thanks for your time.”
#
DS Victoria Ulrich had never liked Theo Hart, not even when she called herself “Victor.” So she wasn’t pleased to see Pete Fallon’s message on her cell.
Hart coming by after lunch.
She was already in a bad mood. The protesters and reporters outside headquarters had slowed her up and Kings (“No apostrophe!”) was crowded with late season tourists by the time she arrived, so she had to wait for a seat at the counter. Lots of cops ate at the diner, just a two-minute walk from the station. A blue uniform got you some consideration here. But detectives wore plain clothes. Not that anyone would recognize her in uniform these days.
Vicky swore under her breath, put away the phone, and bolted the rest of her sandwich. She had ten minutes left.
Hart.
Pete had been working with him, off and on, as far back as the Seeburg case. Yeah, Hart figured that one out, wore the wire, got the confession. She wasn’t saying he was dumb. But he wasn’t a cop, and by now Pete was treating him like his new partner.
It didn’t help that Hart entered the picture just as Ulrich began his transition to a “she.” First the hormones, then wearing dresses and make-up to work. Pete was supportive, but uneasy. As her hair grew out and her breasts began to show, Vic attracted male attention and Pete’s uneasiness turned to disgust. You can’t change a gut feeling by inviting it to leave. Without ever talking about it, they edged away from each other. The goofy insults, the wise cracks, Drake Maye’s chances? All of that was gone. What Vic was going through Pete couldn’t make sense of and he didn’t want to. Or need to. He was nearing retirement. So they found less and less to talk about except casework. And you can’t build a partnership on casework.
Then came the surgery. Vic (she was still “Vic” at work) was on medical leave for two months. The department kept her spot open, Fallon partnering with whoever was available until she got back. But it was never the same. Pete would send her to look for files in a basement somewhere or take witness statements alone, while he compared notes with Hart. When Vic did get his attention, if the conversation came anywhere near gender or trans identity, he’d shut down or change the subject.
She’d lost her mentor and now she was getting roped into helping her replacement. Fallon’s message was an order, not an option.
Hart was standing next to her desk when she got there.
She put down her handbag and looked at him.
“And?”
“You took witness statements from Tommy McCabe’s ride-shares, Gifford and Statler.”
“Didn’t you read them?” Why was he wasting her time?
“I read them. Not much there.”
“Pete was satisfied.”
“But are you?”
“There were no inconsistencies. McCabe picked up Gifford at his home in Wickham around 7:30, Statler twenty, maybe twenty-five minutes later. They arrived at NOAA at eight, to the minute.”
“Gifford. You believe him?”
The question caught her by surprise.
“You know something,” she replied.
“I’ll take that as a ‘no.’ Or at least, ‘not sure.’ Let me ask you something else. Do you think it’s possible Patricia McCabe was having an affair with either of these guys?”
She didn’t answer. She was thinking.
“Pete must have told you we’re zeroing in on Tommy,” Hart continued.
That got her attention.
“And the life insurance benefit. I’m looking for a motive.”
“Pete didn’t say anything.”
“Sorry. We just found out a couple of hours ago. When you were out.” The apology almost sounded sincere. Was he embarrassed for her? “I mean about the life insurance.”
“Pete doesn’t tell me anything these days.”
“The benefit’s 200k. Thing is, I don’t think it’s enough to kill for. He’s got to have another motive. Jealousy. Revenge.”
She was about to reply, but now he was off and running.
“But if it’s revenge, why kill her and not her lover? Or is he next? Or else Tommy needs the money for something specific. Something urgent. Blackmail?”
“It’s not Gifford,” said Vic. “To answer your second question, about Patricia having an affair. If she is, it’s with Ben Statler.”
Hart looked at her inquisitively. Which was more than she’d gotten from Fallon.
“Gifford’s in transition. He’s getting ready for a sex-change operation.”
“You can tell?”
She looked annoyed.
“Breasts, hips, thighs. Baby smooth face. I looked him up on LinkedIn. He hasn’t reached the point of coming out, so he hasn’t changed his photo yet. Quite a transformation. Female hormones are the only explanation.”
“Does Fallon know?”
“He didn’t want to hear.”
“And you’re right. Has to be Statler. A woman falling in love with a man who’s turning into a woman? Sounds like something out of Ovid.”
Whoever the fuck that is, thought Vic.
“The opposite makes more sense,” Hart continued. He glanced at Vic. “To me at least. Falling out of love with a man turning into a woman.”
Vic nodded. “I know what you mean.”
Now Hart was thinking.
“Or falling in love with the woman someone is turning into,” he said.
​
Part 6
Walking to his office through the crowd outside the station, Hart called Monica to ask a favor.
“What is it?” Hart heard the sound of chanting in the background, then a roar, and Monica’s voice suddenly growing faint as she shouted to someone, “Just a fucking second!" Then she was back. “Make it fast. I’m in the middle of a protest demonstration.”
Hart didn’t ask what the demonstration was protesting. It didn’t matter. Monica was often taking part in demonstrations these days. He knew she’d tell him anyway. “We’re protesting the cut in health benefits for trans federal employees.”
“Where are you?” he asked. Now that he was past the crowd at the station he could hear chants coming from the direction of Dale Avenue, where the post office was located.
“At the post office,” said Monica.
“Listen. When you’re finished, I need a favor. It has to be done this afternoon.”
“I’ll call you back,” she said.
When he got to his office, Hart opened his laptop and started searching online for pictures of Nick Gifford. Hart didn’t have a LinkedIn account, so he couldn’t access the photo that Ulrich had seen.
No luck. He’d ask Ulrich to text it. She might humor him. Their brief conversation had ended amicably.
When Monica got back to him, he asked her to call the church and tell the secretary that she wanted to send flowers for the Sunday morning service.
“Tell her you were an admirer of Reverend McCabe and the work of the Sanctuary Network and ask for the name of the florist. As soon as you find out, give me a call. Don’t call them yourself. Oh, and ask if the church has a photo directory of its members.”
Monica called a half hour later.
“She said any florist would do. I didn’t press her. I thought it might raise suspicions.”
“That’s ok. I have a backup plan.”
“Why did you want to know?”
“Too long to explain now. And the church directory?”
“She asked me what for. I said I was thinking of joining and wondered if anyone I knew was a member.”
“And?”
“They have one, but it’s confidential to protect members’ contact information.”
“Should have guessed. I’ll call Cal and see what he can do.” Cal Guillermos had worked with Hart and Monica at Continental before it was shut down, handling IT, electronic surveillance, security, and online investigations. He ran his own firm now, in Marblehead, and both Hart and NOSHLA were regular customers.
“That would be illegal,” said Monica. “Hacking into it.” She paused. “Oh, I get it. Listen, Theo, I don’t want you fucking up our client’s defense just so you can swoop in wearing your cape . . .”
“Ok, ok.”
“And neither does Sam.”
“Don’t worry. I’ll find another way.”
“How about you just back your fat ass out of that parking space altogether?”
Hart didn’t reply because he planned to keep his fat ass right where it was.
#
Saturday went by without further developments. Pennington was off the rotary and staying in a homeless shelter on Essex Avenue for the time being. Demonstrations continued at the Post Office, Police Headquarters, and the ICE offices in Burlington. Sam and Monica were visiting her relatives in the North End with their toddler, Portia. Hart was catching up on casework for his other clients.
Only Pete Fallon was at his desk. He’d had another sleepless night, finally nodding off at dawn and not waking up until almost noon.
Late yesterday a district judge had rejected his request for permission to examine Tommy McCabe’s phone records and search his residence. There wasn’t enough evidence, just speculation and surmise. He’d been in touch with the chief of police in Wickham to ask if they could stake out the house, keep track of McCabe’s movements, visitors, deliveries. The chief said they had their hands full preparing security for the memorial service tomorrow morning. So he called Ulrich. She didn’t take it well. She had other plans for today.
Turning over the pages of the case file, Fallon’s eye came to rest on the name “Figeroa.” In his witness statement the pastor of the Synod Assembly Church of God in Christ told Fallon that Patricia McCabe was on her way to see him the morning she was killed because she wanted to recruit him for the Sanctuary Network. Now Fallon wondered why she had to do that in person. Why not do it when she called, save herself a trip? Maybe Figeroa said he needed to meet with her before making up his mind. That would make him the reason Pat McCabe was on Cape Ann at all that morning. He decided to give the Reverend a call.
Figeroa didn’t pick up, so Fallon left a message. Then he thought of trying the office number.
“Who is this?” It was a female voice, Hispanic. And angry.
Fallon introduced himself and asked for Figeroa.
“He’s not here,” said the woman abruptly. “He’s in Wickham. At a walk-through for the service tomorrow.”
“And you are . . . ?”
“His wife. I’ll tell him you called.” The line went dead.
For some reason, George Tonelli’s question about Pat McCabe having an affair with one of the ride shares popped into Fallon’s mind.
A minute later Figeroa called.
“I’m sorry to take up your time with this,” said Fallon. “I called your office and your wife . . .”
“She takes my business calls,” said Figeroa.
“She sounded angry.”
Figeroa hesitated before saying, “She’s always angry these days. The illegal arrests, the abductions—half my congregation are immigrants. They’re terrified.” He was almost yelling. He seemed to realize it and immediately calmed down. “It’s kept me away from home, her, my kids. And Pat McCabe’s murder made it worse.”
“Must be hard,” said Fallon. “I won’t keep you. I just wanted to clarify something. In your statement you said Reverend McCabe was driving over that morning to discuss joining the Sanctuary Network. Have you?”
“Yes.”
“Ah. That’s why you were at the walk-through.”
“It’s not just Network pastors. Clergy from all over the North Shore will be there. We all admired what she was doing. The Network will be getting more recruits because of her death. I just happened to be the first in line.”
“One more question and then I’m through. When you say Pat McCabe contacted you to set up an appointment, do you mean she reached out and asked you to join? Or did you contact her first, to ask about it, and she was getting back to you?”
Figeroa hesitated. Fallon could almost hear the gears ticking. “I contacted her, left a message. Then she called back.”
The second Figeroa hung up, Fallon called Ulrich and re-deployed her to East Gloucester. She’d be surveilling the Reverend Manuel Figeroa for the rest of the afternoon.
#
Hart was poking a fork at a Hungry Man TV dinner—chicken piccata tonight—and working on a chess puzzle (playing black) when his cell pinged. He wasn’t a hungry man tonight, so it took no effort to put the fork down and reach for his phone.
It was a text from Ulrich, with a photo of Nick Gifford attached. Hart opened it up, synced it with his computer, then left the puzzle at the third move (white’s queen pinned by black’s only rook) to examine it more closely in Photos, blown up.
The picture was a headshot, so Hart couldn’t get an idea of the man’s height. He wore a neatly trimmed stubble beard and a full head of chestnut brown hair, and his easy smile revealed a row of bright, perfectly aligned teeth. His blue eyes were electric. Hart tried to imagine him the way Ulrich had described him in person, but he had difficulty visualizing it, let alone picturing Gifford as a woman.
It wasn’t yet 6:00 pm when Hart left his foil tray cooling on the dining room table and headed for the shelter where Pennington was staying. He found the man sitting in the common room. The TV was on, but Jeremiah wasn’t watching. He was staring at the wall opposite him as though gazing into the future, a future about to happen any minute. Without his burlap robe, he looked like any other elderly homeless person.
They hadn’t met, so Hart pulled out his business card as he approached and gave it to Pennington. “I’m working with Sam Tull,” he said. “And I want to show you something.” He pulled out his cell and double-clicked the picture of Nick Gifford.
“Is this the person who was driving the Prius?”
Pennington lowered the business card and squinted closely. “That’s a man,” he said. “And he’s got a beard.”
“He could have been dressed as a woman.”
Pennington shook his head. “Sorry. Could be. That’s the most I can say.” He went back to watching the wall.
“Anything you can tell me about her arm, the one she threw the credit card with? Was the sleeve down or rolled up?”
Pennington turned his head in Hart’s direction but kept his eyes on the blank wall.
“Cuff was turned up,” he said. Then, "Freckles."
After a few seconds, the eyes swiveled around.
“She threw overhand. Don’t see that very often.”
#
Ulrich pushed “Send.” She’d seen Hart’s request for a copy of the Gifford photo early this morning but hadn’t kept a copy herself and hadn't had time to sign into LinkedIn again until now, after returning from her stake-out in East Gloucester and getting debriefed by Fallon.
It had been an uneventful afternoon at the Figeroa parsonage, except for two incidents. She’d been parked down at the end of the block only a few minutes before Figeroa pulled into the drive. A Latina woman she took to be his wife came storming out of the house. Ulrich rolled down her window and started taking pictures.
“How could you?” the woman shouted as her husband emerged from the car. Ulrich had trouble hearing the rest of the tirade except for “woman” and “liar” and “snake.” Figeroa made placating gestures and said something, but it only made her angrier. She began beating his chest, then turned and stalked back into the house. Figeroa followed her, looking up and down the street as he did so.
Ulrich stayed parked where she was until 5 pm, leaving the car only to use the restroom in a restaurant a block away. She propped her phone on the dashboard to record anything that might happen while she was gone. When she returned, Figeroa’s car was still in the driveway, with another, a black SUV, behind it. The video showed a stocky man with a buzz cut getting out of the car and walking up to the front door. A shoulder holster bulged under his suit jacket.
Ulrich got out and walked briskly down the street toward the Figeroas’ driveway, holding her phone up to her ear while taking a photo of the SUV’s license plate as she passed. A few yards further on, she looked at the photo. It was a federal plate. She hurried around the block to her car, got back in, and waited. In half an hour the stocky man came out of the house and drove away.
“What’s your conclusion?” Fallon asked her. It was the first time since Patricia McCabe’s murder that he’d asked Ulrich’s opinion.
“The wife’s ballistic over something her husband did. That’s obvious. Looks to me like ‘Heaven hath no fury’ stuff. He’s having an affair.”
“Or had one,” said Fallon.
“Or that,” said Ulrich. “But if it’s over, why is the missus still so upset?”
“Maybe Pat McCabe isn’t the only one.”
Fallon paused, then asked, “Could she have done it? Overheard her husband and the Reverend making plans, ambushed her somehow when she left the house?”
“Or when she arrived at Figeroa's house?" Fallon paused. "Then how does Tommy fit in? Or doesn’t he?”
They were silent for a few seconds.
“Hart told me you were looking at him,” she added.
More silence.
“That Fed has me wondering, though,” said Fallon.
“You told me Figeroa’s joined the Network.”
“That might put him under surveillance, but if they’re staking out the church or his home, keeping a low profile, they wouldn’t be knocking on his door, would they?"
Ulrich agreed.
“Listen,” said Fallon. “There’s a memorial service tomorrow morning at the UU Church in Wickham, at 10:30. I want you there to see who shows up. Dress appropriately, a black or gray . . . uh . . . whatever . . . .” He turned to his computer screen. “You can figure it out.”
Ulrich could see he didn’t want to discuss how much she knew about women’s fashion.
“I can,” she said.
​
​
Part 7
As the driver came around the back of the church he noticed a tall, fat man in a baggy suit and overcoat standing under the maple tree on the far side of the parking lot. The fat man waited until the van pulled up to the delivery entrance before approaching.
“Those for the service?”
The driver nodded and opened the double doors at the back of the van.
“Are mine in there?”
The driver asked for the name and looked at the invoice, then shook his head.
“I was afraid of that,” said the fat man. “Someone told me there was a problem with the order.”
“News to me,” said the driver.
“Could you call and check?”
The driver pulled out his phone and punched in a number.
“They don’t know a thing about it,” he told the fat man as he put the phone away. “You sure you got the right store?”
#
Dot Hillers heard the florist’s van arriving and then voices. She got up from her desk and looked out the window. It was that detective, and the delivery man. Their voices were muffled, but she could guess what they were talking about.
She watched until the detective tipped his hat and walked away. Then she called Tommy McCabe.
#
DS Ulrich stood in the back of the church, right behind the last pew so she could get an unimpeded view. She was dressed appropriately, even fashionably. Mourning became her.
She was surprised when Callie Figeroa, Manuel Figeroa’s wife, intercepted Tommy McCabe as he headed for his seat and engaged him in an animated conversation, waving her hands and speaking rapidly. She wasn’t offering condolences. As they spoke, Ms. Figeroa glanced pointedly at her husband, who had taken his place among his colleagues in the second row of pews. He glared back.
There was a woman in the front pew next to where McCabe took his seat. She was wearing a black veil. Ulrich hadn’t felt the need for one, they were so out of date, and a veil would make it hard to see. Did McCabe have a sister?
Ulrich couldn’t spot Nick Gifford. But Gifford was short, easy to miss in this crowded space, and folks were hard to recognize from the back anyway. She’d look for him at the reception.
Ben Statler was sitting on the aisle two rows behind McCabe. His freckled bald scalp, surrounded by a halo of blonde hair, made him hard to miss. Now he was standing up and walking forward to say something to McCabe. Or was it the woman next to McCabe?
#
Not for the first time in his life, Tommy felt thankful that he’d been born an only child. Also, that his parents were dead. He didn’t need family right now. He needed his best friends.
And here they were, Dot and Nick, sitting right next to him. He wished Dot wasn’t so upset, but she’d get over it.
Sharing the front pew were Pat’s mom and dad and two older sisters. Behind the friends and relatives, filling the second row on both sides of the church, were Pat’s colleagues from the North Shore and beyond, nearly all robed in black.
Pat had made a difference.
The little church was filled to overflowing, SRO, including a huge guy in a dark blue suit standing in back, who was hard to miss. Tommy had spoken with him on the phone but never laid eyes on him until this morning, when Dot told him who to look for. Outside there were cars lining the streets for three blocks in every direction, including two black SUVs. Their former occupants were stationed at the street corners flanking the church and talking, apparently, to themselves. In front was a police car with two cops inside, staring straight ahead, trying to stay awake. Also, not far from the entrance, a white van with the logo of a local TV station and an extension antenna sprouting from the top. The press was barred from the service, but allowed to attend the reception afterwards, in the parish hall.
The organ prelude came to an end and the officiating minister, a thin guy from Rockport with a shock of red, curly hair that made him look like a pencil with a new eraser, rose from the dais and approached the lectern to begin.
#
In the vestibule, Hart found himself beside Ulrich, who was heading for the reception.
“Aren’t you . . .?” she asked, nodding her head toward the stairs.
“I’ll take up too much space,” he replied, then added, “Who was that blonde Latina speaking with McCabe just before the service?”
Ulrich led him out of the foot traffic and told him what had transpired the day before at the parsonage of the Synod Assembly Church of God in Christ. Also about the visit, minutes later, of Mr. Buzzcut.
“And here he is,” said Hart, glancing through the open front doors. “Protecting us against the vermin and the scum.”
“Must be doing a good job,” said Ulrich. She looked around. “Don’t see any.”
Then she continued toward the parish hall.
“Nice dress,” Hart called after her. Once outside, he dialed Monica.
#
Monica hated funerals and wakes, but Hart had talked her into it when he explained what he needed, and why.
“Her, and this guy.” He showed her the LinkedIn photo of Nick Gifford that Ulrich had sent. “He’s not wearing a beard now, so he may be hard to spot.”
The place was crowded with mourners, which made picture taking difficult. Monica found she had to maneuver close enough to her targets to get an unimpeded view without being conspicuous about it. After a few minutes she decided to give up on candid shots and use her fake press badge as an excuse to barge in on people and pose them.
She managed to get a photo of the woman with the veil, who’d lifted it for the reception. Hard to eat otherwise.
Also, the two others.
She didn’t see Nick Gifford.
#
“You look great, Nick!”
“Thanks, Dot. So far, so good.”
He was fortunate, Nick thought, to have found such an accepting congregation. The hormone therapy was an ordeal, and he badly needed the support. Especially now.
“When’s the surgery?” asked Dot. Up close, and without the veil in the way, he could see her eyes were red from weeping. She was taking this hard, he thought, but she’ll come around.
Nick reached for a tea sandwich and swallowed before answering. “Early next year—that’s when I’m aiming for. We’ll have to wait and see.”
Ulrich spotted him then.
He’s left-handed, she thought.
And I’m an idiot.
#
Mr. Portman, the librarian at the high school, was eager to help.
“That was a red-letter year for us,” he said as he led Hart to the yearbooks shelf. “State champs in men’s and women’s.”
He pointed to the relevant volume, then looked at his watch. “You have fifteen minutes. Sorry. I teach at 11:20 and I need to lock the room.”
“This shouldn’t take long,” said Hart.
He wasn’t disappointed. There it was: Nick Gifford, striking out Hampton’s last batter in the bottom of the ninth, and next to it, the Fishermen’s all-star catcher, Tommy McCabe, holding the ball aloft. Two pages further on he found Dorothy Hillers making the winning throw to home plate to get the final out of the game for the Lady Lions. There was even a photo of Ben Statler on page 16. Chess club.
Hart was tying up some loose ends this Monday morning because Jeremiah Pennington was missing.
The Prophet had gone out for a walk Sunday afternoon, when Hart came to visit him, and hadn’t returned for dinner. The police had checked his squat, or what was left of it, and put out an APB, but as of ten this morning there’d been no sign of him.
On his way out of the high school, Hart heard his phone humming. It was Ulrich.
“They found him at Pigeon Cove. He was sitting on the far side of the sea wall, facing the ocean. Harbormaster spotted him. Looks like he was there all night.”
“Is he ok?”
“Possible hypothermia. He’s at Addison-Gilbert for observation. Then it’s back to jail.”
“When can I see him?”
“You can’t,” said Ulrich. “But I can.”
“I’ve got some pictures to show him. From Monica.”
“I was wondering what she was doing there. Text them to me.”
“I also found out a few things this morning that you should know.”
He told Ulrich about the yearbook photos.
“I knew about Gifford,” she said, “from when I finally spotted him at the reception. I didn’t know about Hillers. So, they’re both left-handed.”
She heard a ping and opened the text message with the three photos Hart had sent.
“Just what I’d have picked,” she said. “Especially Gifford’s. I didn’t recognize him until I saw him at the reception.”
“Yeah—it’s way more than I’d hoped. And while we’re on the subject, let me ask you something. You know anything about benefits for LGBTQ and trans federal workers?”
“You mean the new ban? I know it goes into effect the first of January. Thank God, I don’t work for the feds.”
“Do you know what ‘gender affirming’ would include?”
#
He’d seen it. Coming up above the horizon. Streaming blood. That’s how he knew he wouldn’t live to see it set. No one would.
He didn’t mind lying here, with the IV in his arm. It was peaceful. Quiet. It reminded him of the hospital at Camp Bastion where they’d removed the bullet from his right leg. He’d lost a lot of blood, they told him later. Femoral artery. They thought he was dead.
And he was. He was standing next to the gurney, looking at himself lying there, when Jesus walked in. It was no dream. It was real. The Lamb of God walked into the operating room and looked him right in the eye and said, “You have more work to do, Jeremiah, before I return.” Then His face became as bright as a million suns, and Pennington had to close his eyes. When he opened them, he was lying in a hospital ward with an IV just like this one stuck in his arm. Same arm.
As the memory faded, Pennington became aware of a presence in the room. A woman. A beautiful woman. He knew how Jesus and the Saints took the form of ordinary people to deliver their messages. Like the gardener outside the empty tomb. Or Jesus at the supper at Emaus. He knew how to read the signs. She was dressed in blue, the color of the Virgin.
“Mr. Pennington,” she said, “I’m Detective Sergeant Victoria Ulrich. I have some photos I’d like to show you. Please tell me if any of them look familiar.”
Jeremiah let her show all three of them before he asked to see the first one again.
​
"That's her," he said.
Witness statement? Why not? What did it matter?
Part 8
Jeremiah Pennington didn’t last the day at Addison-Gilbert. After signing his witness statement and handing it back to Ulrich, he rolled onto his side, put his hands under his head, and closed his eyes for the last time.
The coroner couldn’t locate any next of kin, so after two weeks Fallon arranged with the Chief Medical Examiner to pay the funeral costs himself. He also obtained a waiver to cremate the remains, which usually required waiting a year for relatives to show up and give permission.
He didn’t bother to contact the state Department of Transitional Assistance for reimbursement. “The man was awarded a Purple Heart,” Fallon told Ulrich. “I’d want someone to do as much for me.”
#
They were seated under a big umbrella on the patio behind the Seaport Grille, facing the ocean. Hart ordered last, and most. He still had some catching up to do.
He was wearing his larger suit this morning, but it was already 80 degrees in the shade so he’d removed the coat. He wished they were indoors, where it was air-conditioned. But Fallon was paying.
And there was the view.
When he was through ordering, the table fell silent.
“Grand Jury is when?” asked Sam.
“Two weeks from now,” said Ulrich.
“DA’s gonna have a hard time selling Pennington’s statement.”
“Dying declaration,” said Fallon.
“Non compos mentis is my guess,” replied Sam. “Gifford’s attorney will have a field day.”
“It’s a Grand Jury,” said Fallon, “All they need is probable cause. Maybe at trial. We’ll have to wait and see. McCabe’s confession will help.”
“The phone,” said Sam. “Run that past me again?”
“She left it in the pulpit at the church the night before, timing a sermon, it looks like. She must have forgotten it—maybe she was interrupted. Anyway, the battery was low, so it ran out of juice overnight. The timer app was the last one she used.”
“And no one noticed it all week?”
“The minister officiating at the run-through for the memorial service,” said Ulrich. “He didn’t know whose it was, so he asked Dot Hillers. She turned it over to me the next day.”
“And McCabe and Gifford just assumed the victim had it in her handbag.”
Fallon nodded. “Gifford was halfway to Gloucester when he thought to open the bag and found it wasn’t there.”
“Talk about the Gang that Couldn’t Shoot Straight.”
“Right,” said Fallon. “So he called McCabe, who was walking out the door. McCabe didn’t have it, didn’t have time to look for it if he was going to pick up Gifford on time. So Gifford had to improvise.” He looked at Hart.
“The whole point,” Hart said, “was to tip off the Sanctuary Network, make it look like Pat McCabe thought she was in imminent danger of being arrested. Put ICE in the frame.”
“Or ICE imposters,” said Ulrich.
“Right. They weren’t planning to call Silent Witness or anyone else. Just let the Network do its thing, get the ball rolling.”
“But they ended up having to call anyway,” said Monica.
“Because the Lord works in mysterious ways,” said Hart. “Gifford did manage to get the card into the basket. I think his pitching skills came to his aid, even after twenty years.”
“He was a leftie,” said Ulrich.
“Yeah. Any driver would have to use their left,” said Hart. “So he had a better chance than most. Pennington told police that if the card missed, he’d know not to use it. He’d already been sent to jail for credit card fraud under the same circumstances. But making the basket—now it was God’s money, and God’s money was for God’s work.”
“But how could Gifford know all that?” said Monica.
Hart shrugged. “He didn’t. But he’s competitive. He had to try. The main thing was to get the card in play. ‘Do the Lord’s work. But do it fast.’ It was long odds to begin with, even without the three-pointer, but there was no other choice.”
“And even with Jesus on his side, Pennington couldn’t complete his mission,” said Monica.
“The Pennington angle never made sense to me from the beginning,” said Hart, “unless throwing him the card was an act of desperation. Getting rid of a stolen card or using it to do ‘the Lord’s work’ didn’t qualify. Failing to notify the Network did. McCabe and Gifford waited to see if the card had been used in time, but after twenty-four hours, nothing. Which left them no option but Silent Witness, and back-dating the time of the siting to make it closer to the ETD.”
“Help me out here,” Monica continued. “Pete told you McCabe was on board when he heard Pennington was the prime suspect, but you told me by the time you called him he’d switched back to ICE.”
“When I questioned him, after his confession, Tommy told me it was Gifford’s idea to pile on Pennington, once the man was in the crosshairs. McCabe didn’t like it, said it didn’t sit right with him, framing an innocent man.”
“Pretty selective conscience,” said Monica, “for a wife-killer.”
“And not very robust, apparently. He went along with the idea until they thought of making the burner call to Silent Witness.”
“They should’ve left it alone,” said Fallon. “They should have left the whole ICE thing alone. But that’s not how first-time killers think, even the most intelligent.”
“Especially the most intelligent,” said Ulrich. “Cocky bastards.”
“I don’t know,” said Hart. “A murder victim left in the cargo area of her own car, in a public parking area? It screams ‘off-site.’ And who’s the first suspect in a case like that? The spouse. McCabe and Gifford did a good job of hiding their tracks. And the fox-and-geese stuff was a work of genius. But they wanted just that little sliver”—he held up his pudgy fist with the thumb and index finger almost touching—"of extra assurance. Why not try to point us in the wrong direction, especially if they could let the Network do it for them?”
“The fox-and-geese,” said Sam. “How did you figure it out?”
“It was staring us all in the face,” said Hart. “The missing phone suggested three possibilities: it was lost or stolen before Pat left for the day, probably on the day before. Or it was taken by the murderer after she was killed and, if so, probably destroyed. Or she forgot to take it when she left the house.”
“But she didn’t,” said Sam. “She forgot it at the church.”
“Wherever and whenever she forgot it is irrelevant to narrowing down lines of inquiry. If it was lost or stolen or destroyed, there was nothing to think about, no leads to follow. So why not think about the third possibility and see where that takes you?”
Fallon nodded.
“Yeah,” said Hart, glancing at him. “Pete came to the same conclusion. If the phone was still at home, it was unlikely she forgot it. No one forgets their phone when they’re heading out for the day. She was killed at or after 6:00 am. If the phone was still at home when she was found, then she was killed before she could grab it off the nightstand or wherever she kept it. That meant we should be looking at Tommy McCabe.”
“I still don’t get it,” said Sam. “The other two possibilities were still in play. How could you be sure it wasn’t lost—as it turned out to be—or the murderer didn’t take it?”
“I couldn’t, not at first. But I’m getting ahead of myself.”
“The fox-and-geese,” said Monica.
“That’s what had me stumped,” said Hart. “McCabe’s alibi was his two ride-shares, Nick Gifford and Ben Statler. Both men said McCabe picked them up right on time—Nick in Wickham, Ben in Gloucester—and they all arrived at NOAA on time. How could McCabe have murdered his wife and left the body at the Goose Cove Res, in her own car, when he was driving himself and his two ride-shares to work? Even if he left early enough to get back in time, how would he get home at all? He had no vehicle, and calling a Lyft or Uber or a taxi would be too risky.
“Then I found out from Dot Hillers that Nick and Tommy were close friends—Dot, too, for that matter—going all the way back to high school. What if Nick had agreed to help his old teammate get away with murder? Driven the body to the Reservoir parking lot, left the Prius there, and been picked up by McCabe, who’d be driving not far behind. Then the two of them would pick up Statler, as usual. Gifford could have dressed like Pat McCabe and waited for someone to show up—a dog-walker or an early morning runner . . .”
“. . . someone doing Tai Chi,” said Monica.
“. . . right, to make sure the Reverend was seen walking into the woods, mosquito net down to cover her face.”
“Just the way McCabe said in his confession,” said Fallon. “Then hide in some bushes, strip off the blouse and hat and stuff them in a plastic bag and walk out in the T-shirt you were wearing underneath, but at a different point on the bike path . . . .”
“Macomber Street,” said Hart.
“ . . . where Tommy would be waiting for you.”
“By the time Dot told me about Tommy and Nick,” said Hart, “I knew, from Tommy, about the credit card alarm the Network was using, and ICE had been dragged into the picture by that suspicious call to Silent Witness, which I didn’t buy for a moment. So I added ICE to the cocktail and figured Gifford must have tried to alert the Network by using the credit card but couldn’t, for some reason, so he tried using Pennington, and that failed, too.
“Now, why did he need to have Pennington use the card? To set him up? That didn’t make sense, once you stopped to consider it closely. Then it dawned on me: Gifford couldn’t risk stopping to make a purchase in person, so he’d have to do it online, by phone. But he’d need Pat McComb’s phone.”
“And he didn’t have it.”
“Exactly.
“And that’s something, as you say, that the victim was unlikely to forget when she left the house,” said Sam. “So she must have been killed at home, before she left. And if she kept it in her handbag . . . .”
“. . . where Tommy always said she kept it . . . “
“. . . and Gifford had the handbag right next to him, he’d assume he had it.”
“I guess Tommy forgot to check,” said Hart, “or he thought Nick had already checked. Who knows? The point is, it wasn’t where Nick expected it to be, and he had to think fast.”
“And when Pennington failed to deliver, that’s when they called Silent Witness.”
The waiter arrived with their orders. Hart paused and unwrapped his flatware.
“But what would Nick’s motivation be?” he asked, a forkful of omelet hovering in front of him. “That, I couldn’t figure.” The fork completed its journey and, after a moment, he resumed. “It had to be more than Old Lang Syne. You don’t help a friend—even an old and dear friend—kill their spouse just because they ask. And for that matter, why would Tommy McCabe want to kill her? Yeah, Dot Hillers said Tommy was feeling neglected. Why not get a divorce?”
Nobody said anything. They all knew why by now.
“Tonelli,” said Fallon
Hart nodded. “If the insurance companies were getting interested, then they suspected something was wrong. Which meant we should keep liking Tommy McCabe.”
“Turned out they were right,” said Fallon, “but for the wrong reason. It didn’t have anything to do with an affair between Ben Statler and Pat McCabe.”
Hart looked at Sam. “I called Tonelli afterwards and asked about it. He told me he’d heard from an unnamed source, second or third hand, that something was going on between “McCabe”—just the last name—and one of the ride-shares, and because both ride-shares were male, he assumed it must be Pat.”
“Missed by a mile,” said Ulrich. “But so did I. And I have no excuse.”
“You saw that Nick Gifford was in transition. That was crucial,” said Hart. “The new health plan restrictions on ‘gender-affirming’ care wouldn’t have occurred to me otherwise. Kill your wife for a measly 200k? This wasn’t Double Indemnity.”
No one asked what he was referring to, but not because they knew (except for Monica). They just didn’t care. Hart was always making obscure references no one understood. Best to let him get on with it.
“And,” he continued, still talking to Ulrich, “you knew exactly how much the surgery would cost.”
Ulrich nodded. “But that just makes it worse. How did I not see it?”
“Wait,” said Sam. “Hold up a minute. The policy was written a year ago. That’s long before Trump was even elected. Were McCabe and Gifford already planning . . . ?”
Hart shook his head. “No. According to Tonelli, it was Pat’s idea. She wanted to provide for Tommy, in case . . . well. And it included injury. She was already stirring things up, getting anonymous threats. She didn’t know she was signing her death warrant. At that point, neither did Tommy.”
“The only problem now was proving it,” said Ulrich. “We needed an up-to-date photo of Nick Gifford for Pennington to identify. All we had was that picture from Linkedin—pre-transition, all buff and bearded—and Pennington couldn’t tell from that.”
Fallon looked at Monica. “Vicki told me she saw you at the memorial service.”
“Hart asked me,” said Monica. “He thought Gifford might show.”
“I tried to stop her,” said Sam. “I don’t like her helping with investigations, especially murder investigations. She’s a mom now. She needs to be more careful. But once she gets that detective jones . . .” He stopped and looked around the table. “I see three detectives sitting here. Don’t any of you know how to take a surveillance photo?”
“It had to be crystal clear, full on and close up,” said Ulrich. “That’s hard to do at distance, even with the best equipment. And ours isn’t the best.”
“And this was the quickest option,” added Hart. “If he didn’t show, there was still the long, slow route.”
“But Nick couldn’t suspect he was the target,” Monica told Sam. “As a press photographer I could pose people at random, so he didn’t feel singled out. I sold Tommy and Dot on the idea by emphasizing the good publicity it would generate for the Network. Hart asked me to get a picture of Dot, too, and as he left the church he called and added the veiled woman and Callie Figeroa, with a description.”
“And Gifford was the veiled woman,” said Sam, shaking his head.
“Doing our work for us,” said Hart. “I knew the UUs were all over social justice issues, and the banners they had out front confirmed that, including a rainbow flag. And I remembered Vicky telling me about cross-dressing as part of the transition. Later, when I asked Dot, she told me Nick often dressed that way when he attended Sunday services.”
“But why the veil?”
“Gifford said out of respect, in his statement. But I think he wanted to show his lover his support without the cops recognizing him and getting ideas. The less the two were seen together outside of driving to and from work, the better.”
“And cops weren’t allowed at the reception, so veils up?”
“And there was food to eat.”
“But why Dot Hillers and Callie Figeroa?” asked Sam.
“Callie because of what Vicki told me right after the service,” said Hart, “about her big blow-up with her husband, and what I saw just before the service began. Was he having an affair with Pat McCabe? Would that be motive enough for Ms. Figeroa? Was I all wrong about Tommy and Nick? I had to eliminate her as a suspect. Same with Dot. I didn’t trust her.” He told them about Dot’s lying to him about Tommy’s troubles with the florist and how chummy she was with her two former classmates. “And she had no one to corroborate when she arrived at the office that morning.”
“And she pitched for the girls’ softball team,” added Ulrich.
“No,” Hart said. “She played outfield. Even made the winning throw to home plate in the state championship. Distance, accuracy—more than enough of both to score overhand on the basket toss. And she was a leftie, just like Gifford. All the more reason to make sure.
“So why did she lie about the florist?” asked Fallon.
“She was in love with Tommy and wanted to protect him. She didn’t know he was involved in Pat’s death, but she knew he’d be suspected. She’s been carrying a torch for him since high school and the marriage was souring, which raised her hopes. Now, with Pat gone, she saw her chance. But it was clear, almost from the start, that Tommy only had eyes for Nick, his best friend in the world, who was becoming the woman he’d loved all along without knowing it. That’s why Dot was crying the morning I showed up at the church. It wasn’t for Pat. She’d just learned the truth from Tommy, that he wasn’t interested in her. She was hurt but she still cared for him, so she grabbed at the first explanation she could think of.”
“And Callie?” asked Sam. “What was going on there?”
“Something I should have suspected,” said Hart, “but lost sight of.”
Manuel Figeroa had been collaborating with ICE in exchange for protection for his flock. Callie Figeroa had found out when ICE called her number—the church’s business number—to arrange a visit from Mr. Buzzcut, who’d failed to reach the Reverend on his private line during the memorial service walk-through. Callie was outside at the time, working in the garden. Mr. Buzzcut left a message with a bit too much information.
Hart turned to Ulrich. “You witnessed the aftermath.”
“You said you ‘should have suspected.’ Why?”
“When I paid him a visit to ask about his appointment with Pat McCabe, he told me no one in his congregation—and it’s brimful of immigrants, with and without green cards—he told me no one’d been detained or arrested by ICE, or even harassed. I thought at the time that was a degree of protection even the Lord of Hosts couldn’t provide. Later, when I pressed him on how his appointment with Pat McCabe was arranged, he admitted he’d initiated contact.”
“So he became their mole,” said Monica.
“To protect his flock,” said Hart.
“Should have talked it over with his wife, first,” said Monica.
“Not that it would have done much good,” said Sam, scowling in her direction.
Monica turned to Fallon. “How are the rest of them doing? The passengers in the Underground Railroad?”
“All safe. All gone,” he said, then looked at his watch.
“It’s time we were, too.”
#
An hour later they were bobbing up and down outside the three-mile limit, on a 20-foot boat owned by New England Burials at Sea.
“Why at sea?” Monica asked. “He wasn’t in the navy.”
“That’s where he was looking when they found him,” said Fallon. “East. At the sunrise.”
He wanted to toss Pennington’s Veteran’s ID Card into the biodegradable urn before it was lowered into the water. But the captain said no. Plastic wasn’t biodegradable. So he put his Bic lighter to it and dropped it in, then waited for it to burn itself out before he replaced the lid.