JL04 - Mortal Sin (35 page)

Over the noise of the engine, Tucker Wakefield asked me the subject matter of his testimony.

The truth, I told him. Just tell the board what you’re doing out there.

He shrugged as if to say, no big deal.

Maybe he was right. Maybe no one would care. It might even be humorous to them, the dog-and-pony show I was planning. Maybe they knew the truth and didn’t give a damn. As I listened to the
chucka-chucka
of the rotor, I closed my eyes, yawned, and envisioned it. The truth spilling out in front of the board, and Nicky Florio guffawing at me.
That’s your case, Lassiter? You think you can stop Nicky Florio with that?
Then the commissioners, their pockets bursting with De La Torre’s cash, would cackle with laughter. After a town and a casino, what’s one more surprise? The only one not smiling would be Abe Socolow as he fastened the cuffs on me.

I kept looking at my watch.

Five minutes before two o’clock. We would be late. But there would be preliminary matters. Other voices to be heard. Below us the fields disappeared, and the town crept into view.

It took several more minutes to find the school. We made two passes over the football field; then, checking for power lines, Hank Scourby put the copter down on the asphalt parking lot behind the gym.

Two Micanopy tribal policemen leaned against their car, watching us, as the rotors whined to a halt and we got out. Friends or foes, I didn’t know which. I waved to them, as if we were pals, and one waved back. Maybe they figured we were the environmental boys from Tallahassee. After a moment, they turned back and resumed talking. I didn’t feel like towing Tucker Wakefield past them, so we slipped around the building to a side entrance, where there was another Micanopy police car with its distinctive emblem of alligator, saw grass, and colorful ceremonial jacket. Two more cops loitered there, chatting with a rangy man in sunglasses who wore jeans and a blue windbreaker with
FLORIO ENTERPRISES
printed on the back.

What were the cops doing here? I his wasn’t Micanopy territory. It was a small town practically owned by sugarcane baron Carlos de La Torre. Why did I think the tribal police had become Nicky Florio’s private security force?

We hustled Wakefield past the cops and into the side door that led to a locker room. Signs were plastered on the walls for the young athletes,
THE FOURTH QUARTER IS OURS, WHEN THE GOING GETS TOUGH, THE TOUGH GET GOING
.

We took a stairwell to a balcony over the gym, home of the Fighting Sugarcanes, according to a banner. We crossed the empty balcony and took another set of stairs down to the gym floor, working our way to the front row of a section of bleachers pulled down for the hearing.

“Phosphorus and mercury levels are already appalling,” a voice said through an amplified sound system.

Half a dozen tables, doubtless borrowed from the cafeteria, were drawn together at half-court. The chairman of the board sat in the middle, two fellow commissioners on each side. A stenographer took notes. The suits sat at another table, three board lawyers, an assistant attorney general, and Abe Socolow.

Nicky Florio and Carlos de La Torre were at their own table. Guillermo Diaz sat behind Florio, covering his back, as a good bodyguard should. The model of the Cypress Estates project—museum, casino, and all—was placed on a platform in front of the board. There were perhaps three hundred spectators scattered throughout the bleachers.

To one side was a press table. I recognized a couple of the reporters. Britt Montero was there from the
Miami Daily News.
We were supposed to go out for stone crabs once, but she stood me up for a three-alarm fire. Two television reporters were lounging around a table of sodas and coffee. Photographers from both newspapers and television sat cross-legged on the floor.

“When will this board ever stop the dredging and draining?” Hunched over a microphone at a lectern was a tall, thin man with a white mustache and a creased face. He wore muddy hiking boots, khaki pants, and a bush jacket and looked close to eighty. Harrison Baker, founder of the Everglades Society. He had briefly testified at the Tupton trial.

“First a town. Now a casino! What next?”

I knew the answer, but it wasn’t my turn.

“We request a postponement of all board action until studies can be made,” Baker said. “Why, we don’t even know if it’s legal.”

“Hold on, Harrison. The state attorney’s here on that point.” Clyde Thornton, the board chairman, was a pudgy, balding, ruddy-faced retired tomato grower from Sarasota. He wore a beige suit with shoulder piping and a string tie.

Abe Socolow got to his feet and cleared his throat. “In the state’s opinion, the proposal of Florio Enterprises, as endorsed by the Micanopy Tribal Council, conforms to the provisions of the Indian Regulatory Gaming Act of 1988,” Socolow said, in perfect legalese.

“So there you have it,” Thornton said triumphantly, playing to the audience, most of whom looked like farmers, some the gentleman-conglomerate variety. “The only amendment to the proposal is the addition of gambling to what was already a substantial commercial and residential development. Frankly, I cannot see a practical difference.”

“Then you’re blind as a bat,” Baker muttered, half to himself.

“You’ve made your point,” Thornton said, his eyes narrowing. “But we have also heard from the Micanopy tribe and from National Sugar, both of which endorse the plan. I’m afraid your group, as usual, stands alone. Now, unless you have anything new to add—”

“It’s the same damn thing!” Baker shouted. “You boot-licking toadies would pave over Take Okeechobee if the sugar industry wanted a parking lot.”

“That’s it!” Thornton hit a switch, and Harrison Baker’s mike went dead. As if on cue, two burly men in Florio Enterprises windbreakers materialized from behind the bleachers. In a moment, they had gathered up the old man, one grabbing each arm, and were politely but firmly taking him back to his seat.

I had been right. ‘This was Nicky Florio’s show.

Thornton scanned the audience. “That concludes the formal agenda. Before we vote on the proposal, is there anyone in the gallery who wishes to address these issues?”

No one stood up.

Except me.

A split second later, Tucker Wakefield popped off the bleachers, nudged by Hank Scourby’s elbow.

“May it please the board, my name is Jacob Lassiter, and I have a witness to present.” I approached the lectern, Wakefield reluctantly following.

Nicky Florio wheeled, half rising from his chair, eyes aflame. His face flashed through a series of emotions, first surprise, then volcanic anger, and finally zealous determination. “Hold on! This man is a disbarred lawyer and a lunatic.”

“I’m not disbarred,” I said in my own semi-defense.

Thornton nodded deferentially’ toward Florio, consulted with the commissioner on his left, a man with what appeared to be a cancerous lesion on his nose, and turned back to me. “Under our rules, anyone can speak. Let’s get on with it, Mr. Lassiter, and please be brief.”

I nodded my thanks and guided Tucker Wakefield to a chair that doubled as a witness stand. I ran through his credentials, a bachelor’s degree in petroleum engineering from the University of Texas and a master’s degree from the Colorado School of Mines.

Behind me, I heard a chair scraping the gymnasium floor. I sneaked a peek at Guillermo Diaz backing away from the table.

“How are you employed?” I asked.

“I’m a geologist for Environmental Systems, Inc., of Houston.”

“What are you doing in Florida?”

“Seismic tests.”

“How do you perform these tests?”

“We set off small dynamite explosions to send shock waves into the earth. Our equipment—when it’s working—records the pattern of sound waves and helps us to determine what structures exist underground.”

I watched Diaz take quick, choppy steps toward the side exit, then disappear through the door.

“And why do you do this?”

“It’s my job.” ‘

Thornton snickered into the microphone.

“I understand that,” I said. “What is the purpose of seismic tests?”

“To find oil, of course.”

I shot a look at Nicky Florio. He shook his head and looked back over his shoulder. Diaz emerged from the side door, two Micanopy policemen with him, two men in the blue windbreakers a step behind.

“Have you found oil?”

“Yes.”

“Where?”

Before Wakefield could answer, Thornton interrupted. “Mr. Lassiter, what’s the point of this? The oil companies have held leases in the Everglades for years, but there’s a state and federal ban on drilling. So that’s got nothing to do with our proceedings. Now, if you have anything to say about—”

“Your ruling today is all about drilling for oil,” I said emphatically. “You just don’t know it yet.” There was a stirring at the press table. One of the television cameras came on, its light forcing me to squint. Another camera focused on Nicky Florio. “Now, if I may proceed.”

Thornton shrugged. I caught sight of Hank Scourby being escorted toward the locker room door by a tribal policeman with two of the men in blue windbreakers right behind.

“Where did you discover oil?” I asked.

At the front exit, several more Micanopy police appeared. I scanned the gym, waiting for the answer. The rangy man in sunglasses from outside was climbing the stairs to the balcony. He carried a long canvas bag. It contained either a fishing pole or a rifle.

“Well, several places, really,” Tucker Wakefield said. “There’s the Sunniland trend in the southwestern part of the state. It’s about twelve thousand feet deep and runs in a line from Collier up into Lee and Hendry counties. Historically, it may have been—”

“But that’s not where you’ve been testing lately, is it?” I wanted to speed him up.

“No, we’ve been in the Big Cypress Swamp.”

“Which is in the Everglades considerably east of the earlier finds.”

“Yes.”

“And did you locate…?”

Suddenly, I felt a presence next to me. I half turned. Guillermo Diaz was on his tippy-toes, whispering in my ear. “You stop now, you live. Keep going, you die.” He shrank back to the table, behind Nicky Florio, whose eyes burned with hate as he glared at me.

I stared back, gaping at him. Not here. He wouldn’t try it here. Nicky Florio was a killer, but not crazy. Or was he?

“Mr. Lassiter,” Thornton prompted me.

I turned back to the witness.

“Did you find oil in the swamp?” I asked.

“Yes. We located substantial reserves in the Big Cypress. It’s really the South Florida Basin, which is a deep geologic bowl running under the Gulf of Mexico eastward toward—”

“Substantial?” I repeated, in case anyone missed it.

“Yes, a very rich oil field.”

There was a murmur in the crowd behind him. I unfolded my purloined map and showed it to the witness. “Could you point out the precise locations?”

He studied it for a moment, then pointed to several of the numbered islands.

“Now, Mr. Wakefield, I notice that every place you have indicated is located within the boundaries of the Micanopy Indian Reservation, is it not?”

“Yes.”

“Did you perform any tests on land outside of tribal land?”

“No.”

“Why not?”

“Those weren’t the orders form the client.”

“And who is your client?”

I heard Nicky Florio cough. When I half-turned to look at him, he was watching the balcony.

“Florio Enterprises.”

“Why were your instructions so limited?”

“I don’t know.”

“But Mr. Florio knows.” I turned to Clyde Thornton, who was staring importantly at the witness, now that the TV lights were on. “Mr. Chairman, I wish to ask Nicholas Florio a few questions.”

Two television cameras shone on Nicky’s face, their lights harsh and hot. Florio squinted and scowled. “I don’t have to answer this maniac’s questions. He can’t compel it.”

“Mr. Florio’s right,” Thornton said. “This has been very interesting, but I fail to see the connection…”

I looked toward Socolow. He gave me a shrug. Like he wanted to help but couldn’t.

“May I leave now?” Wakefield asked.

“Yes, indeed,” Thornton proclaimed.

Tucker Wakefield headed for the exit. Two policemen blocking the door parted to let him pass. I didn’t think they would do the same for me. In a gymnasium with three hundred people, I felt desperately alone. I needed time. I was trying to prove a case with circumstantial evidence, and I couldn’t get all the circumstances into evidence. Besides, my fears had been right. ‘They didn’t care. They didn’t understand. So Nicky Florio wants to drill for oil. Big deal. So do the oil companies. The law didn’t allow it. But there was one difference in their situation and his. Nicky knew it, and so did I.

“Anything else, Mr. Lassiter?” Thornton asked impatiently.

Sure there was, but how could I prove it?

“The contract,” I said finally. “Has the Florio Enterprises contract with the tribe been presented to the board?”

“It’s here somewhere,” Thornton said. One of the clerks began rummaging through a cardboard box of exhibits. While he was looking, I scanned the audience. “I’d like to ask Harrison Baker a question or two.”

“Go ahead,” Thornton said. “But, Harrison, no more speeches.”

Hunched at the shoulders, the old man made his way back to the lectern.

“Mr. Baker, assuming that there were oil rigs in the Big Cypress and a spill took place—”

Florio was on his feet. “Damn it, this isn’t about oil! It’s about building a town and a casino. How much longer do we have to listen to this crap?”

Thornton’s tone was respectful. “Now, Mr. Florio, let the lawyer say his piece, and we’ll all go home.”

“In the event of a spill, where would the oil go?” I asked.

“Well, the water flow would carry it south.”

“To the national park?”

“Yes, and it would seep into the Biscayne Aquifer, which supplies South Florida with its drinking water. On the surface, it would reach Florida Bay and eventually the Gulf of Mexico. It would also pollute the sugarcane and vegetable fields.”