I wasted no time hitting all of the networks. The three major ones were located within a fifteen-block radius in midtown Manhattan. First one up: NBC. The file clerk was emphatic; the only way I was getting the dubbed tapes would be through a court order. I explained that there was no time to get a court order. The truth was I knew that once the network lawyers found out we were subpoenaing the footage, they'd fight it in court. Their argument would be valid. The tapes were property of the network. By handing over their tapes, they could be viewed as biased and could become vulnerable to civil lawsuits. But the woman didn't live under a rock; she knew the case I was working on. After thirty minutes of pleading, she caved. She let me have the tapes for twenty-four hours. I signed for the tapes, Patrolman Eveready.
I had the same problem at CBS. But after showing the woman the tapes I'd gotten from NBC, she was a little more inclined to give them up. I was in civilian clothes, and the only identification I had on me was my police ID. She agreed to give me the tapes, but only in the presence of a uniformed officer. I hadn't worn my uniform in fifteen years. I couldn't even begin to guess where it was, and I was sure if I found it, it would be out of date. I didn't want to expose Vito to the Charges and Specs if anyone found out. Charges and Specs was the NYPD's equivalent to a military court-marshal. The consequences were serious—ranging from loss of vacation days to jail time—but the NYPD's trial room was a joke. Once you were there, you were at the mercy of the judges.
Vito was probably forty pounds heavier than I was, and four inches shorter. I had no choice. I met him at the 2-5 and changed into his uniform. I looked starved and stretched. If a cop saw me wearing this getup in the street, I'd be clubbed over the head and taken to Bellevue for observation. The clerk's eyes got as big as silver dollars. She didn't say anything, just handed me the paper to sign—Patrolman Eveready—gave me the tapes, and stepped out of the room.
ABC would prove to be the most difficult. I pled my case to the woman, but she was a new hire and terrified of losing her job. After a while, I had to give up. I gave her my contact number and left, dejected. When I got back to Fifty-fourth Street, Vito called to tell me that I left a package at ABC, and I could pick it up the next morning in the network's mailroom. I had a briefcase with me, but I hadn't left it. The next morning, I went to the network, and was handed two canisters of film wrapped in plain brown paper. More help from outside the NYPD for Patrolman Eveready.
I delivered all of the tapes to Larry Marinelli. He threaded the film onto an upright editing bay and showed me how to isolate the film one frame at a time. The good news was that all of the film was time coded, giving the exact date—April 14, 1972—along with military time to the tenth of a second. The bad news, film runs at twenty-four frames per second, so for every minute of film there were 1,440 frames, or pictures. An hour's worth of film had 92,400 individual frames. We acquired two hours of raw film that had to be viewed one frame at a time.
The next order of business was to take the best frames of film and duplicate them into individual photos, which could be blown up into eight-by-ten sized pictures. We devised a practical, though rudimentary, way of doing this. We'd stop the machine on the frame of film we thought was usable, place a table lamp behind the frame, illuminating the shot, take a 35mm camera attached with a micro zoom lens, and snap the picture. Thin as the plan was, it worked.
It took weeks of fifteen-hour days, seven days a week. There were lots of shots that were useless. There were plenty of good ones too, of the FOI men and the cops stationed in front of the mosque. As quick as I could isolate the pictures, that's how fast Larry developed them. After every twenty shots, I'd take them to the Saint George for identification. I was finally ready to bring the mosque to the cops.
Vito was able to identify three of the original assailants, all of whom he placed in the basement. As far as I was concerned, they were fugitives, because on the day of occurrence they were arrested, then they were allowed to go free. These three men needed to be brought in. I would threaten them with an arrest unless they gave up the shooter. I had their names and addresses. And Vito would be my witness.
I brought the idea to Van Lindt and Harmon. They agreed. Vito was an excellent witness, but he was also the worst witness. First and foremost, Vito was a victim, two times. He was hospitalized by the assaults, and he lost his partner of five years. Vito was also assigned to the case; he'd be viewed as biased, not to mention a hostile witness. The defense would use this against us. Yes, Vito would be an excellent corroborating witness, but, if he was the only witness to the original assaults, it wouldn't stand up in court. Van Lindt said, in his usual understated manner, “Randy, you're not down to your last strike, yet. There were twenty men in that basement. We need a better witness than the cop assigned to the case. Go find us one.”
I was deflated. This was a break in the case but an unusable one. Vito should have never been assigned to this case, in any capacity. As frustrated as I had become, I still kept upbeat in front of the ADAs. If I appeared to be out of control, they'd lose faith in the case. But I was too far gone to ever think I was coming back to this job after the case was either solved or shelved. I was leaving, but on my terms, and that was with an arrest number on the bottom of Cardillo's last five.
I went back to Victor Padilla and Ivan Negron. Padilla couldn't identify anyone, and Negron was iffy on photo arrays. One thing I noticed was that Negron and Padilla barely acknowledged each other's presence. A sad aftermath of the assaults, of their misdirected anger, was that they never worked together again. My original sixty-seven cops identified sixteen men on the scene. Of course, they wanted street justice, a real attack against the mosque.” I was sure to remove all pedigree information from the pictures before showing them. I now had to protect the Muslims.
As opposed to spinning my wheels, the films had catapulted me forward in the case. I had men positively identified at the scene. The film was dated and time-coded. No one could say he wasn't there the day of occurrence. Now I needed to turn one of those men, which was impossible to do without showing my hand. If I knocked on a door, I'd have nothing to offer in return for testimony. I'd have to wait until one of them came to me. This would prove to be sooner, rather than later.
I kept on debriefing arrested Muslims, all with the same results. There seemed to be an abundance of men in the city claiming to be Muslims once they had been fingerprinted. I started to receive calls from precincts outside the city: Yonkers, Westchester, Long Island, and even Connecticut. And I went to debrief every arrestee. They all knew somebody who knew somebody who knew somebody. The trips throughout the city and its suburbs really started to take a toll on me mentally as well as physically. My days turned into nights, and my eight-hour tours were never shorter than thirteen hours a clip. Any extra time I compiled couldn't be claimed as overtime. My home life consisted of cold, late-night dinners, brief conversations with my very groggy pregnant wife, Lynn, four hours of sleep, and then I'd start it all over again. I was a hamster on a wheel.
I was tired. It was an early Friday evening, and I'd been working for the better part of twelve hours. I needed some downtime. It was Lynn's father's birthday; her parents were at our apartment for coffee and cake. The man loved Ferrara's cannolis. On my way back from a few debriefings in Brooklyn, I'd stop at the famous Little Italy pastry shop to pick up a box for him. I told myself I was shutting everything down for the evening. It was just going to be me and my wife and my in-laws. I was going to kiss my wife, hug my in-laws, have a moderately warm dinner, and relax. It was just what the doctor ordered.
And that's when I was confronted by my dangerous past.
The moment I walked into the shop, I noticed the diamonds hanging off their pinkies. Two members of Albert Victory's crew, drinking espresso. The one facing me broke off his conversation mid sentence. His partner, recognizing the blood in his eyes, turned around. There I was. I didn't look away; I just tilted my head at them in acknowledgment. I was aware of two things: the fifty-large that was still collectible for my head or any other body part that would indicate slow painful death, and my off-duty revolver, strapped to my left hip. The shop wasn't crowded, just enough people to give IDs to the cops. I smiled at the counterman, pointing to the cannolis and said, “I'll take a box.”
I didn't look back at the boys, though I did keep my eye on the mirror behind the counter for any sudden movements. Did I think the two wiseguys were going to clip me inside the tourist heavy, mob neutral pastry shop? No, I didn't. But I had to be aware, much the same way I was aware that the Muslims now knew who I was and what I looked like. The weird thing was that I was less afraid of all of them than I was of the men at One PP.
The counterman handed me the box, about to tally up the order. I jabbed my thumb back at the goodfellas and said, “It's on them.” He didn't know whether to laugh or cry, and I didn't wait to see.
I dropped the box of cannolis in the car, eyeing the payphone on the corner. Vito was at the 2-5, and he usually waited for me to call before he signed out. The sudden pang of guilt made me reach for a dime.
He picked it up on the first ring. “There's one at the 1-3 Precinct, in the squad. What do you want me to tell him?”
I thought about Lynn and her parents, waiting to put the coffee on. My string of misses on these interviews was 100 percent. But the 1-3 was on the way home, five minutes from where I was. “Tell him I'm on my way.” I hung up, determined to get to the squad as quickly as possible, interview the—more than likely—non-Muslim, and be on my way home.
The squad was empty except for one detective beating the shit out of an old Corona typewriter. “I'm Detective Jurgensen from the 2-8 squad.”
He didn't look up from the typewriter. He plucked an unlit chewed-up cigar from an overflowing ashtray, jammed it in his mouth, and jerked his head across the room.
He was cuffed to a chair, thin, approximately six feet tall. His hair was closely cropped, and his eyes were attentive, quick, and intelligent. His skin was smooth, mocha colored. He looked young, about twenty-three, angelic, happy, at peace almost. There was something innately different about this young man. Could he be the real thing? He smiled as I moved toward him, and I felt the smile came from a real place, not something he was using for his benefit, or mine. “I'm Detective Jurgensen. How you doing?”
He nodded, keeping his eyes locked on mine. He was cordial and at ease. “I'm Foster 2X Thomas.”
There is never a right way or wrong way to debrief and interview someone. We're all blind, which is why we're asking questions. The trick is to fool the person you're interviewing into believing you have perfect sight. It's much like being a card shark or a magician; slight of hand, some smoke and mirrors, the suspension of disbelief, and a little luck will get you—hopefully—that much closer to the truth.
“I'm here to talk to you about what happened three years ago at the mosque.”
He slowly laid his free hand over his cuffed wrist. He seemed to be expecting me. He took a deep breath and said, “I know.”
I slid a chair very close to him. Is he a plant? Is he going to give me false information? Am I being set up, or is he the man I've been looking for? Fuck the foreplay. I decided to go directly for the cookies. “I know you were there that day.”
“Yes, Sir, I was.”
The excitement roared through me, but I couldn't let my emotions betray the truth that I was blind and lost. I had to relay an air of confidence, if not for him, then definitely for myself. I tilted my head back at the arresting detective, then at his cuffed wrist. “What happened here, Foster?”
“I didn't have a proper credit card.”
He had been in possession of a stolen credit card. He hadn't denied the crime, just cleaned it up. That told me he was honest, wasn't looking for a break, and though he seemed apologetic, he maintained an aura of pride.
“I know exactly what occurred that day,” I said.
“I know you do.”
“Tell me what happened.”
He let out a deep breath, one that he seemed to have been holding for a long time. “I was in the bakery, preparing for lunch. I heard pounding on the stairs above us. That was strange, because no one was allowed to run up or down the stairway. Then there was a loud thud above, and someone screamed Allahu Akbar.” Throughout this description, Foster kept nodding to me as if trying to reaffirm what I already knew. So far, he hadn't lied. I nodded; he continued, “I ran into the vestibule and saw the policemen fighting with my brothers.”
He dropped his head, “I helped in defending the mosque.”
“Go on,” I said evenly. I believed he was sorry.
“After the guns went off, I ran into the bakery, and the rest of the brothers ran toward the back.”
He said Allahu Akbar, and he used the word guns in the plural, indicating more than one gunshot. He was there; I was sure of it. I had to break off the questioning. It was just a matter of time before the DT became inquisitive. I held up my hand for him to stop. This was going to take time. The last place I could do an in-depth debrief was a police precinct. “We're gonna take a ride, okay?” I didn't wait for his answer as I uncuffed his wrist. “Come with me.”
As I passed the cop on the Corona, I said, “I'm gonna borrow him for an hour or so, okay?” He didn't look up from the typewriter, grunted something inaudible, and continued banging away.
This was the closest I had been in two years. I tried not to think or get too far ahead of myself.
We stepped outside the precinct on Twenty-first Street. I didn't have a clue where I was going, and then it hit me—the FBI.