Wednesday, August 25, 2010

EYEWITNESS TESTIBALONEY PART 2

  A BOLO was out for one Jose Garcia. A bum check artist, he'd papered 5th Ave South, hitting almost every other store. That was bad news but there was a bright spot. Unlike many crimes, you can't pass a bum check without being seen and there were plenty of witnesses.
 He was described as a "typical" Mexican male of medium height and weight, maybe 30-35. He was accompanied by a Mexican female, average height/weight, nod. And they had in tow about six head of children, all loud and irritable.  Some folks had even seen his car, a two-tone 55 Chevy, black and white. 
 It wasn't long before our best birddog, Byron Tomlinson, had him in tow. Everything from the description matched. He had a wife and kids. He was driving a two-tone 55 Chevy. Three merchants identified him--through a two-way mirror as he sat in the interrogation room. This was gonna be easy. Except for two problems. We couldn't find any checkbooks and Jose adamantly denied that he'd written any checks.
 We had, however, a good case, enough to allow me to take him to the CCSO jail and go home for the night. I'd just settled down for a episode of Barney Miller--the most accurate police show ever on TV--when the phone rang.
 It was Mike Giddeon at the CCSO. Mike was doing a little of everything at the time, dispatch, crime scene tech, and jailer. Tonight he was a jailer.
 "Think we may have a problem," he said. I asked what.
 "I've talked quite a while with this Garcia fellar and I think he's telling the truth. I don't think he wrote any checks."
 I asked Mike if he was familiar with the positive ID's, car, wife, children.
 "Yep," he said, "but I think we have the wrong man."
 Now Mike is one of the best cops I ever met and if it wasn't good enough for him, it damn sure wasn't for me. I saddled up and rode out to the SO to conduct a polygraph exam on Mr. Garcia to make sure. And guess what. He was telling the truth. 
 We started looking again. And found a second Jose Garcia the next day. A Jose Garcia who matched every element of the description: name, looks, wife, children, car. What are the odds of that happening in a small town (then) like Naples. A million to one? Who knows, but it's that one you have to watch out for.
 The difference this time was, this Jose had a backseat full of checkbooks, and we convinced him to admit all his sins.
 And, by the way, the same three merchants identified this Jose as the check writer, too.

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