No Good Deed (28 page)
I am conflicted in my recommendation, and you may want to assign another agent to evaluate Agent Kincaid, but you asked for my honest opinion.
First, Agent Kincaid is well trained. Her instincts are sharp and she’s more experienced than any rookie agent I’ve worked with. She’s already earned the respect of local law enforcement, specifically the deputy coroner and the SAPD crime lab. In fact, she’s well suited in a criminalist position and if I were going to present a positive report, Agent Kincaid should be considered for a position on our Evidence Response Team. It’s clear from her background that her specialty is forensics, and she proved to have a sharp eye for forensic detail during the investigation into Harper Worthington’s murder.
Agent Kincaid is a diligent employee. She works over and above the call of duty, doesn’t shun paperwork or grunt work, and puts in far more hours than required. But she doesn’t know how to turn off the job. For example, I personally observed her sleeping twice during the day—once in the car while we were driving to interview a witness, and once at her desk. Her physical appearance indicated that she wasn’t sleeping much at night. I don’t know if that was because she was working from home or if she was simply unable to sleep. But to be so exhausted that she falls asleep at her desk tells me that she’s unable to discipline herself, to get proper sleep or exercise or regular meals.
There is no question that Agent Kincaid is courageous. Her actions outside the hospital likely saved the life of Detective Tia Mancini and the suspect, Elise Hansen, when shooters breached the facility. And later, she risked her life to save the Everett family. The SWAT report indicated that it was through her actions of drawing the suspect into their line of sight that they had a clear shot. Yet—she clearly put herself at risk, which makes me wonder if she’s reckless. We may never know if there was another, less risky, approach in that situation. I would be hesitant of DEA SSA Brad Donnelly’s assessment because it is clear to me that there is an unusual relationship between Agent Donnelly and Agent Kincaid; therefore his judgment may be clouded.
As I told you previously, I am particularly concerned about Agent Kincaid’s relationship with Sean Rogan, formerly with Rogan-Caruso-Kincaid. Multiple times during the investigation, Agent Kincaid gave Mr. Rogan sensitive information about our case. While I understand that Mr. Rogan once had high level government clearance, he no longer is in the employ of RCK and therefore it’s questionable whether he should be allowed access to an FBI investigation. I requested access to Mr. Rogan’s FBI file after he came on board as a civilian consultant (to trace the bug in Mr. Worthington’s office). The request was denied. I was informed by Assistant Director Rick Stockton’s office that the file was sealed and if I had any questions regarding Mr. Rogan’s performance while assisting the FBI that I should call AD Stockton directly.
As you know, this is highly unusual. I’m a seventeen-year veteran of the Bureau and have never come across a situation like this.
I contacted a friend of mine in the Washington, DC, field office, a high-ranking and respected agent who had worked with Agent Kincaid while she was an analyst in the DC office prior to her training. He indicated that he’d asked for her file and was denied, and later learned that it was sealed. This makes me question not only the integrity of the FBI hiring process, but my ability to trust a fellow agent.
The only information I was able to access was her Quantico file, because you specifically gave me access. She consistently ranked high on all tests, graduated in the top three of her class, and is more than qualified, intellectually and physically, to be a federal agent. Yet she was written up by her supervisor twice, was called before the Office of Professional Responsibility for a shooting that occurred off-campus during her free time. It was ruled justified, but the situation makes me wonder if Agent Kincaid ever takes time off—this spontaneous trip to visit her family in San Diego notwithstanding.
Perhaps, if this was all I had, I would simply report that Agent Kincaid needs to work to earn the trust of her fellow agents, because it’s clear that she has a complicated background. But there were several things that happened during our investigation that make me believe that she is unfit for duty:
As I mentioned earlier, falling asleep while on duty.
Agent Kincaid resented following my orders while we were at the crime scene. She breached protocol by entering the crime scene. Though she was with the deputy coroner at the time, protocol states that if the scene is secure, we wait for the crime scene investigators.
While interviewing a known prostitute, Mona Hill, Agent Kincaid had a moment of panic over what I believe was nothing of import. Then she denied that anything happened when I questioned her.
While interviewing James Everett over his hiring an underage prostitute, later identified as Elise Hansen, Agent Kincaid spoke out of turn and jeopardized the investigation by pushing Everett far harder than was necessary to learn information we already had. It showed that she has a vendetta against those who commit sex crimes, and while her feelings may have been justified knowing the circumstances of the situation, she was unable to control her emotions or opinions.
She shared confidential information with her live-in boyfriend, Mr. Sean Rogan.
She shared confidential information with a third party, Kane Rogan, older brother to Sean Rogan and part owner of the controversial security and protection company Rogan-Caruso-Kincaid.
She shared confidential information with DEA Agent Brad Donnelly without getting prior approval.
She interviewed suspect Elise Hansen without permission of the lead agent, the AUSA, or yourself, and then she neglected to file a report of the conversation.
It’s this last point that is the most serious. After talking at length with AUSA Christine Fallow about the evidence we have to prosecute Elise Hansen as an accessory to murder, kidnapping, escaping custody, etc., it’s clear that our evidence is circumstantial or could be pled down to a misdemeanor, and any deviation from protocol will give Hansen’s attorney more ammunition against us. Fallow is livid, and justifiably so. I later learned that Sean Rogan was with Agents Quiroz and Dunning when they apprehended Elise Hansen at the residence of Mona Hill. That information was not in Quiroz or Dunning’s report, and later they said it was because Mr. Rogan stayed in the vehicle and they had no choice because he was tracking Hansen’s cell phone. If the defense gets hold of this information, they may be able to toss any case out on a technicality. The problem arises in that Rogan was made an official consultant when we investigated the bug in Worthington’s office, so the defense could argue that he was acting on the FBI’s authority and therefore it was an illegal phone tap. The semantics that it wasn’t a “phone tap” but that Rogan hacked into her phone to track her GPS is going to be lost on the court in light of the other circumstantial information.
I met with Agent Dunbar after the murder of Adeline Worthington. It was clear he was angry—he told me that Mr. Rogan had hacked into James Everett’s online banking and diverted millions of dollars into a federal asset forfeiture account, ostensibly with permission from the FBI. Dunbar claimed that he complained about it—because no one had asked for his approval, and no one cleared the operation with me, either. But he was told to stand down. The approval of the operation came not from national headquarters, but from the Sacramento FBI office—the same office where Mr. Rogan’s sister-in-law, SSA Nora English, works. AD Stockton told Dunbar he would discuss the operation when he’s debriefed next week, but we are both angry that we were kept out of the loop when we are the lead investigators in these cases.
I think you knew about Agent Kincaid’s background before she came to San Antonio, but believed that she would be an asset. But I also think you asked me to evaluate her because you are questioning your own judgment to be impartial.
I am sincerely torn in my report, which is why I delayed sending this to you. I will be back Wednesday morning, and we can discuss this further if you would like. I decided not to copy in ASAC Durant. You asked me to unofficially assess Agent Kincaid, so this report is unofficial. However, I cannot work with an agent I don’t trust. Barring a glaring crime, I don’t believe that Agent Kincaid will be fired. She has friends in high places—based on what Agent Dunbar told me, AD Stockton is not her only advocate. And while she may be transferred when her two-year rookie probation is complete, that is still eighteen months away. Therefore, I respectfully request a transfer to another office. It’s within your authority to assign me to any of the resident agencies under the SA-FBI umbrella, which would be my preference, but I would also accept assignment to another office in Texas. I would like to remain close to my brother and his family, who live in Austin. As family is as important to you as it is to me, I hope you can make that happen.
* * *
Sean and Blitz landed Sean’s Cessna near where Kane’s plane was hidden fifteen minutes before noon. Kane’s plane was still there, and there was no sign that he’d returned.
Blitz took care of securing the aircraft while Sean booted up his computer and ran his custom-built GPS program. He could see where Kane had been every twelve hours since Sean reprogrammed his watch. He moved around often, rarely staying in the same place more than a day. Colorado, a lot of time in Texas—San Antonio, McAllen, Hidalgo, Dallas, Corpus Christi, all in the last two weeks. He’d also spent a substantial amount of time in the middle of nowhere in Mexico, and two days in Juarez before he arrived in Santiago.
But the trip that surprised him was that he’d been in Washington, DC, at midnight on Friday. Previously, he’d been in Dallas, and at noon the following day he was in Juarez.
Sean was certainly going to ask him about it. Neither he nor Kane was going to like the conversation. Kane was going to be livid that Sean had hacked his watch. Sean was angry because Kane had promised to keep him in the loop about anything related to Tobias.
At midnight, Kane had been within a hundred yards of the hotel where Siobhan had been staying—after Blitz had already taken her back to Hidalgo. Recon? Interviewing witnesses? Tracking someone? Sean didn’t see Kane getting a room at any hotel, but there were several homes and businesses in the area.
Santiago wasn’t as depressed as many Mexican towns. It wasn’t large and dense like Saltillo, an hour away, and because of its location in a valley in the middle of the Monterrey mountain range, there was viable farmland here and northeast. But it could be just as dangerous as any other town in Mexico. The cartels had their fingers everywhere, and Vasco Trejo, the man who’d used Michael and the boys to cart drugs into the States, had lived in a compound only an hour from here, outside Monterrey.
“Anything?” Blitz asked a minute later.
“I’m downloading the data.”
Blitz paced, continuing to scan the area. Sean was used to soldiers like Blitz. He was restless, which was probably one reason he worked with Kane. Some soldiers didn’t integrate well into civilian life, and if they didn’t have severe PTSD or drug problems, Kane often brought them into RCK. Duke once said that Kane wanted to save every soldier and RCK would go bankrupt if they kept hiring. At any given time they had two dozen contracted soldiers. They were paid a monthly stipend and then a bonus for every job they were assigned. The stipend would keep them housed and fed, and most had other jobs or drew a pension from the government. Blitz had been in the marines for twenty years before joining Kane five years ago. He was the oldest of the group, but the most experienced and disciplined. Kane trusted all his men, but Ranger—who originally came from Jack’s unit—and Blitz were his most trusted.
“Bingo,” Sean said. He zoomed in and got the exact location where Kane was now. He was an hour southeast, halfway between Linares and Galeana.
Blitz looked over his shoulder. “Well, fuck. Get in the plane. He’s going to get himself killed.”
Sean packed up his equipment. “Where is he? It looks like an unpopulated mountainside. A good place to lay low.”
“That whole area is controlled by Felipe Juarez. He runs a small but violent gang. And he swore to Kane that if he ever saw him again, he’d get a bullet in the head.”
“Kane doesn’t run from bullies.”
“No, but he also doesn’t go into their territory alone.”
“Could Juarez be working with Tobias?”
“If Tobias put a bounty on Kane like we think, then yes. Juarez isn’t a drug lord. He works primarily kidnappings for hire. I’ll bet my pension that he was behind Siobhan’s kidnapping. He would know that Kane helps the Sisters of Mercy. He’s not an idiot, and this isn’t going to be easy.” Blitz glanced at Sean as Sean navigated the short, rough runway and flew east. “You’re stubborn like your brother, but you have to promise me, Little Rogan, do exactly what I say or none of us will get out of this alive.”
“On one condition.”
Blitz glared at him.
“Never call me Little Rogan again.”
Lucy sat at her desk and scanned the files from Logan Dunbar’s laptop. But she wasn’t really seeing anything. She was heartbroken.
It was her own fault. She should never have read that memo.
That knowledge didn’t diminish how she felt that Juan had asked Barry to evaluate her. Rookies were constantly being evaluated, but this was beyond routine. Worse, she’d thought she and Barry had come to an understanding, that they’d worked well together, but she must have missed his animosity.
And she’d
told
him she planned to talk to Elise Hansen. Hadn’t she? Lucy rubbed her eyes and thought about what she’d done and said two weeks ago. She hadn’t made an official request through Barry, but she didn’t think that she’d had to since she was one of the agents of record. She’d called him the night before—she remembered it distinctly. She’d asked if he wanted to go with her. He’d said no, he didn’t see the point.