Twenty-Two
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Punishment Without A Crime

Prompted by the unequivocal confirmation by McGuire that Daniel and Rebecca met with him and concerned that he might be a suspect, Daniel decided to call a criminal lawyer. On the recommendation of his corporate counsel, Daniel placed a call to an attorney named Miriam Lessor.

A Cardozo Law School graduate; Miriam had spent the first ten years of her career as a member of the Legal Aid Society. What she lacked in pay she made up for in experience. She had her first criminal jury trial six months after being hired by Legal Aid, and when a senior staff lawyer went over to a criminal law firm, she inherited his case load. Over her ten-year stint, besides having more actual trial experience than most large firm litigators have in a lifetime, she gained toughness and an uncanny intuitive sense of a client’s guilt or innocence. She was a fierce litigator but also had a gentle and warm way with clients. Though Legal Aid was a large organization, Rebecca was a one-woman band, having to do her own document preparation and factual and legal research. She became superb at both.

As she was entering her twelfth year as a lawyer, a well-known Nassau County lawyer hired her as an associate. Three years later and three weeks after they signed their partnership agreement, he died on a golf course. She inherited his practice and all of his clients. By the time Daniel called her, Miriam, 40, had handled several high-profile cases and twelve capital cases. Daniel’s research on her through Google prior to his initial call confirmed that she was a first-rate lawyer.

Daniel summarized the events leading up to his most recent interview, the odd facts related to the non-existent meeting with McGuire, and why he thought he might be a suspect. She replied, “Mr. Levy,”

“Call me Daniel.”

“Daniel, first, I’m so sorry about the disappearance of your wife. It all sounds bizarre, but I believe that you are probably a suspect. It is likely that Detective Squire will ask for and get a search warrant. That may happen as early as tomorrow. Can we meet this afternoon?”

The modest interior of Miriam’s second floor office did not trouble Daniel, given her stellar reputation. He waited in a small windowless conference room, and sipped coffee from a mug which had “ABA Convention-St. Louis” inscribed on it. Daniel thought about the time he and Rebecca met with a team of high-priced Park Avenue lawyers to discuss the mechanics of an initial public offering. They drank coffee from bone china cups and looked out from the elegant sixtieth-floor conference room’s floor to ceiling windows on the city below. That was one of his brightest days with Rebecca, when funding was coming in and hopes were high for great NDA test results on her Alzheimer’s molecule. It was a sweet memory. He recalled the exact words he said at that moment, “The world is our oyster,” and his joke, “Let’s go to the Oyster Bar after this.”

Since the IPO would bring several million dollars in fees to the law firm, they treated him and Rebecca as royalty. He later called it a “happy meeting.” This meeting, he knew, was going to be different, though her sympathetic attitude and confident demeanor gave him some hope. The reality was, however, that Daniel never had a chance. The doubles of Rebecca and himself would lead the jury to conclude that he was lying or delusional. Coupled with key physical evidence, a finding of guilt was inevitable. At this early stage, however, Daniel, like many doomed defendants prior to trial, still had a scintilla of hope and was unaware of the sophisticated steps to frame him.

Like Daniel, Miriam used Google to learn about him and what was public about the case. Her initial impression, in contrast to that formed by Squire, was he didn’t fit the profile of someone who would kill his wife. After initial small talk, she walked him through the criminal process and what he could expect. Then there was the usual discussion about costs and the necessity of a formal engagement letter. He readily agreed to its terms.

Daniel, at her request, went through all the events of the past few days including those things that he couldn’t explain, evoking from Miriam, “Well we have a first-rate investigator and we’ll find an explanation for these incongruities I can assure you.”

“What are my chances of being convicted for a crime I hadn’t committed?”

“It’s too early to tell. There is your presumption of innocence and the requirement that the people need to prove your guilt beyond a reasonable doubt. That’s a rather high bar, particularly in this case. Rebecca’s body is still missing, and there has been no investigation by the police of other suspects, including the people who caused her such harm. Then, there is your reputation, which by what I can tell via Google, is unimpeachable. My opinion may change when I view the evidence the DA will rely upon. Right now, I’d like you to take a lie detector test, maybe two in this case and a voice stress test.”

“What’s a voice stress test?”

“It measures stress in your voice. I use the test sometimes to see if a person is telling the truth or lying. It’s not as good as a lie detector test, and I want to cover all bases. Are you up for these?

Daniel answered without hesitation. “Absolutely, the sooner the better.”

“The test results are not admissible in court, but if word gets out to the public, and we will see that it does, it will help in the court of public opinion and some of that public may be part of our jury pool.”

Daniel immediate agreement to take the tests pleased Miriam. It was consistent with his claim of innocence. “We have some talented people for the lie detectors; former FBI and CIA folks often used by the District Attorney. Their equipment is state-of-the art. Meantime, I will alert Squire that I’m your lawyer. I know him and he’s a decent guy. I’ll be there when they serve the search warrant.”

At 4:30 the following afternoon, Squire, Maria and a bevy of police officers arrived at Daniel’s home. Daniel was expecting them. Miriam was at his side. Squire handed her the search warrant and said, “We will attempt to make this as quick and least disruptive as possible, but your house is being treated as a crime scene. It’s probably a good idea to have most of your friends leave.”

Squire didn’t have to bark orders to his entourage of police officers. Each knew in advance where they were going and what they were looking for. Within six hours, they found many clues that the Cartel’s agents had planted. Since the appearance of police cars anywhere provokes the use of iPhones by civilians in the vicinity to record the event, several videos were made of the police coming to Daniel’s front door and then exiting with many boxes of evidence. The amateur videographers sent their videos to various new outlets. Daniel, cast as a possible suspect, became the local news story of the day.

The airing of the news in turn prompted many unsolicited and worthless tips. Via email, Squire received iPhone footage which showed an argument at Bloomingdales between the Daniel and Rebecca lookalikes. A pesky neighbor of Daniel reported that Daniel had taken out his boat the night of Rebecca’s disappearance. This information coincided with the discovery of partial receipt from an Ace Hardware store, which showed the purchase of chains, a plastic wrap and latex gloves. A video from the store revealed Daniel’s double consummating the purchase. Police discovered that two of Daniel’s 40-pound weights were missing. The police scoured Long Island sound but found nothing.

While the District Attorney already had a significant amount of evidence, he delayed going to trial. His office had lost two high-profile cases in a row. He didn’t want to lose this one. The DA insisted that Squire find additional incriminating evidence so he could clinch a guilty verdict. The clincher came by way of Oscar, who said to Squire, “I’ve been brooding over the Levy case.”

“Haven’t we all.”

“Can I go back to Rebecca’s house? I have this hunch.”

“Sure. I’ll arrange it, but you know we went over every inch of that house and garage. Any ideas?”

“Not specifically. I just want to try to think like Daniel and where I’d hideincriminating evidence.”

When he arrived at Daniel’s house, Oscar went directly to the garage, saw an abandoned refrigerator and immediately pulled off its back panel. Nothing. He reached into an open space, fumbled, finding another panel and pulled. A hammer fell down. He called Squire immediately. Squire and a team of CSI types arrived several hours later. On the head of the hammer was an infinitesimal piece of Rebecca’s skull, the part removed by the surgeon just prior to her abduction. DNA analysis established that the DNA of the piece on the hammer matched Rebecca’s DNA.

The second piece of critical evidence came from the Army. Squire, generally serious, was gleeful, almost manic when Maria walked into the room. Waving the file, he said, “Its Daniel’s psychiatric evaluation from his military hospital during his hospitalization in Aleppo.”

The medical record was a pre-printed form with a series of boxes next to standard diagnoses and a separate page for handwritten observations. On the top of the form, it said “Aleppo Psychiatric Hospital” and directly below that the name: Patient- Captain Daniel Levy. The key part of the report stated: “The catalyst for Captain Levy’s hospitalization was an incident with a Rottweiler during a combat mission. Levy was shaken when he returned to his base but otherwise fine. After a week, however, he had night sweats, nightmares, and severe panic attacks. When we found him on his bed in a fetal position, glassy eyed and somewhat incoherent, we transferred him to our hospital for evaluation and treatment. Once stable enough for an interview by me, he denied the whole incident with the terrorist named Oxford and had no memory of the dog. He claimed that during the Oxford operation he was in another city. I noted in my report: Moderate to severe PTSD and significant dissociative amnesia. I am prescribing low dosage of Zyprexa and Seroquel.’ “The last entry in his medical record stated, “I question whether Daniel Levy is fit to return to active duty given the fact that his psychological problems may reoccur. He appears stable now and recalls the killing of Oxford with clarity, but his delusional symptoms, often triggered by stress, may reappear. His future behavior is unpredictable. Recommend honorable discharge.”

For the DA, the diagnosis of dissociative amnesia, a disorder where the patient can’t recall important personal information, was of paramount importance. That Daniel could suppress memories of past events under certain circumstances was the key that unlocked the mystery of the conflict between Daniel’s lie detector test results and the empirical evidence of guilt. If Daniel could remember nothing associated with the murder of his wife, he would pass the lie detector tests because in his mind he had nothing to do with Rebecca’s disappearance. That would play well with the jury.

His trial began ten months after Rebecca’s disappearance and lasted ten days. Despite all the factors favoring an acquittal, namely Daniel’s reputation in the community, testimony supporting how close he was to Rebecca, and testimony about his character from friends and former army buddies, the jury found him guilty of second-degree murder. He was sentenced to thirty years to life.

In view of his reputation, and new sentencing guidelines giving great latitude to the judge, including the power to choose an appropriate prison for a person found guilty, the prison chosen for Daniel was the Floyd Bennett Correctional Facility. Floyd Bennet was a relatively new prison for minimum security prisoners. It was situated at the far tip of the former Floyd Bennett Air Field at the end of Flatbush Avenue in Brooklyn. Once an important airport, particularly during World War Two, the field became part of the Gateway National Recreation Area. An unused and undeveloped 100 acres at the Field’s edge fronting on Jamaica Bay was used by the state to build a 400-prisoner facility.

That evening Squire, Maria, several detectives, and Oscar were celebrating the conviction at a local bar. Halfway through the evening, Squire said to Oscar, “Look Oscar, when you graduate, I want you to enter the force. Once you graduate the academy, there will be a post here for you.”

He thought the offer would delight Oscar, but the reverse was true. Oscar was crestfallen. He said, almost in tears, “I can’t. I just learned my mother has cancer. My father passed a couple of years back and there’s no one to take care of her.” Late the following day, Oscar attended another celebration, this time with Aztec’s special services team in Mexico, during which Morales congratulated him on a job well done. No one suspected that Oscar, 29 but very young looking, was a plant.

Daniel’s mood was incongruous given what lay ahead for him. He realized that he would soon enter prison, possibly for the rest of his life. Despite that, he felt more relaxed than he had in a long while. His only hope was that Rebecca would vindicate him if and when she returned. Still, he had his doubts. Given her incredible story about killing the two thugs, Daniel worried that she might be psychotic and never return. Nevertheless, he promised himself that he would continue to search for her throughout his incarceration. With the sale of his house and the money he had set aside to support the business in its waning days, his daughters’ education through college was assured. They would stay nearby with his sister. There was even a potential deal of the sale of the patents owned by his business, something that might give him an extra $200,000.

Daniel spent the next six nights with his daughters, parents and friends. He even played a round of golf at his club, where members treated him more as a celebrity than a felon. On the Saturday night before the Monday, he was to report to prison, all of his friends and relatives had a dinner party at a local restaurant. On Sunday, Daniel realized, with some relief, he had no social engagements, but then he received a call from Miriam. Her voice was upbeat and firm.

“Daniel, how are you?” She didn’t wait for an answer. “Look, I know this is spur of the moment and you probably have plans, but I thought if not maybe you’d like to have a quiet dinner.”

The idea appealed to him. “Where? I’ll be spotted at every restaurant we go to.”

“Not to worry. I have the perfect place. I’ll pick you up around 6 pm.”

As they drove south on the Belt Parkway towards Brooklyn, Miriam handed him a Mets cap and said, “Here put it on. With this hat, and some dark sunglasses, no one will recognize you.”

After they parked on a dark side street, Miriam said, “Now close your eyes. I’ll lead you by your hand.” Her touch was warm, and he sensed something in him but it was too fleeting to determine the nature of the sensation. When they arrived at their destination, Miriam said, “Now open your eyes.”

They were in front of the legendary Nathan’s in Coney Island. Daniel said, “Oh my God! Great choice!” With two Nathans hot dogs each, French fries and Cokes, they walked to the Boardwalk and sat looking at the darkened water one hundred yards ahead.

“Just one rule, Miriam, I don’t want to talk about the trial or anything related to the case. I know you are a brilliant lawyer, but I know nothing about you. So, tell me the story of your life.”

“Well,”, she said, “you see before you a forty-year-old single woman.”

He hadn’t focused on her looks until this evening. Her hair had always been in a tight bun which made her look a tad tough. Now it flowed loosely down to her shoulders. Her make-up was scant, but it accentuated her looks. She was, he thought, quite lovely and said, “And a beautiful one at that.”

She blushed, “You are quite a charmer for a felon.”

His old personality seemed to click back, and he quipped, “You should see me when I’m not incarcerated. OK, tell me your back story, Miriam.”

She laughed and said. “Got ten minutes, that’s about how long it will take.”

“Take fifteen.”

She took almost an hour. He learned that Miriam was one of three daughters from a stable and happily married couple who lived in Hyde Park, New York. Her father was the executive vice president of the Hyde Park Culinary Institute and her mother an instructor there and a sommelier at an upscale Hyde Park restaurant. The youngest of a trio of sisters, she was the son her father never had and thus was the one he taught to play golf, took to baseball games and encouraged more than her sisters to be athletic. In high-school, her physical education class offered a course in fencing. She took it, joined the fencing team, loved it and became a star.

“I was so good that I tried out for the Olympics, and made it as far as being an alternate, but never competed. Being at the Olympics was one of the greatest experiences of my life. Despite not competing, my skill level and academic achievements got me a scholarship to Yale. In my senior year in college, I met and fell in love with a classmate who was going on to medical school in New York. We married, settled in Greenwich Village and floundering for a career path, I decided that I might as well go to law school. I chose Cardozo because it was a terrific law school, and across the street from our apartment. Two years later my husband had volunteered for a two-month stint with Doctors without Borders and while in Madagascar, contracted Bubonic Plague. Can you believe that? Some places in the world still have Bubonic Plague. Despite all efforts to save him, he died within 48 hours. For health reasons, the government of Madagascar cremated him. I never saw his body. I managed to finish law school despite a deep depression and got a job with legal aid.”

She stopped and starred out at the mostly empty beach, and Daniel thought she might be reliving that awful time in her life. He put his hand on her shoulder and whispered, “If you don’t want to continue, I understand.” She took his hand and held it in her lap. “No, it’s fine. Thanks, I just couldn’t seem to sustain a serious relationship after that. Once I passed the age of thirty, there were very few takers, though I have tons of friends, most of whom are older single women. I still fence, love the theatre, and here’s a real spoiler, I’m thinking of getting out of law and becoming a chef. I’m a pretty good cook and, I’m told, a great baker.”

“That would be a great loss to the legal profession.”

She laughed, “Probably a bigger loss to the culinary profession if I became a chef.”

She finished by saying seriously, “And, Daniel, I’m sorry for what you’ve gone through, but truly glad to have met you. And I know in my heart with absolute certainty that you are innocent.”

Without planning or thinking about it, he leaned over and kissed her, not on the cheek but on the lips. She didn’t resist, but was a willing participant. It was neither a sexual kiss nor a romantic kiss. It was a kiss of the moment; a kiss of appreciation. Neither said anything and finally Daniel said, “Thanks. You know you are the first woman I’ve kissed on the lips since I met Rebecca. There have been lots of cheek kisses and air kisses, but never on the lips.”

She laughed, “Thanks for the kiss.”

He also laughed. “My pleasure, but really, thanks for everything. You’re pretty great. I think we have to go.”

A Cartel operative assigned to follow Daniel photographed the embrace, and their walking holding hands back to Miriam’s car. Morales received the photographs electronically and held them for future use.

Miriam picked Daniel up the following morning and drove him to the Floyd Bennett Field Prison. They made the smallest of small talk En route. When she arrived at the entrance to the prison which carried the user-friendly sign of “Reception” he said, “About that kiss, I don’t know what came over me. I didn’t intend it to convey a message or imply anything by it.”

“I understand. Same for me.”

“So, don’t think this is strange, can I ask a large favor? A small kiss; one for the road,”

“How about a large one? She winked, “If you’re lucky you won’t be kissing anyone in jail.” This time, their embrace was romantic and sad, like two lovers about to part, perhaps forever. Another photograph was sent back to Morales.

“Thank you. Please stay in touch.”

“Try and stop me.”

He exited, walked a few steps, turned, waived and entered jail.