The Case of the Mock Murder
As Mason stared into the eyes of Carlisle Fougere, the man stared back at him with hatred. This was the brother of the man that had killed his own brother. If he could he would take this man's life right in front of Robert Ironside. What is it that they say? An eye for an eye? Well, what about a brother for a brother? Maybe when this trial was over and Robert Duvalier was rotting in jail, waiting to be executed, he would do just that... kill the brother of his biggest enemy. Rousseau use to hold that title, but Robert Ironside surpassed him in those tunnels under San Francisco, when he killed his only brother. Actually did he really care that his brother was dead?
Mason leaned on the witness stand. "Mister Fougere, Carlisle, isn't it?"
"That's right," Fougere snapped at him.
"Amazing! You look exactly like Pierre Fougere. In fact, you could be his twin brother. He is indeed your twin, is he not?" Mason asked.
"Obviously, Mason. Do you really need me to tell you that?" There were a few chuckles around the room.
"Just answer my questions, Mister Fougere," Mason said. "You have been living in Montreal, Canada, have you not?"
"That is correct. Been there all my life," he answered.
"How did you get along with your brother?"
"Objection! Incompetent, irrelevant and immaterial," Burger said as he stood up.
"It will become relevant if I may be allowed to continue," Mason told the judge.
"Overruled, but you better connect it up, Mister Mason," the judge warned.
"Thank you, Your Honor." Mason turned back to the witness. "Mister Fougere?"
"We were very close."
Mason walked over to the table and Della handed him a paper. He went back to the witness stand and handed it to Carlisle Fougere. "Do you recognize that?"
After skimming the paper, he complained, "I don't see what this has to do with anything. I am not going to answer that," Carlisle snarled.
"It is a commitment paper into the Douglas Mental Health University Institute, is it not?" Mason boomed.
Hamilton Burger was on his feet as he angrily declared, "Objection! Mister Mason is completely out of order! He is trying to embarrass this witness in front of the court."
"Your Honor," Mason said calmly, "I am doing no such thing. This witness just testified that he and Pierre Fougere were extremely close. I intend to prove that was not the case at all. I also intend to prove the witness has perjured himself in his testimony to this court."
"Mister Burger, I see no grounds for your objection. If this witness has perjured himself, Mister Mason has every right to impeach this witness. Your objection is overruled. You may continue, Mister Mason."
"Thank you, Your Honor." Mason turned to Carlisle Fougere and barked, "Mister Fougere? It is a commitment paper into a mental institution?"
Fougere stared at Mason. How he hated this man. He was the brother of Ironside. He hated them both. "I am not going to answer that. It is none of your business!" he shouted. He knew he would have to, and actually had hoped Mason would ask. It would be vital for claiming insanity at a later date if Mason and Ironside were able to poke a hole in his testimony.
Mason turned towards the judge. "Your Honor, would you please instruct the witness to answer the question?"
Judge Newman looked down at the prosecution's witness and ordered, "The witness will answer the question."
"No, I will not! It is none of Mason's business!" he snarled at the judge.
"Mister Fougere, you will answer Mister Mason's question or I will hold you in contempt of court," he snarled back at him.
Fougere figured he had displayed hostility about answering long enough. "Alright, I spent some time there."
"Did you check into the institution willingly?" Perry inquired.
"Not exactly, my brother forced me to," he said in disgust.
"Didn't you hate him for it?" Mason asked.
"I did not like it one bit but hate him, no," he said, not too convincingly.
"And what reason was used to admit you?"
"What difference does it make?" Fougere growled.
"Mister Fougere, I will not warn you again. Answer Mister Mason."
"I was admitted for hallucinating."
"You were admitted because you could not deal with reality, isn't that right?"
"A combination of both."
"And were you discharged as cured?"
"Not exactly? Well, what exactly? Perry asked, with a bit of sarcasm.
"I left the institution."
"Yes, I left," Carlisle snapped.
"Then you weren't discharged by the medical staff at the institution?" Perry asked, knowing he had not been. He wanted the judge to hear it from Carlisle himself.
"No! I just left!" Fougere said, in a raised voice.
"So, you left the institution, not cured," Mason said in his booming courtroom voice, "and yet you expect this court to believe that every word you have said is the truth, rather than a delusion that you have dreamed up in your mind?"
"Objection!" Burger shouted as he jumped to his feet. "Mister Mason is badgering this witness!"
"I am doing no such thing," Perry insisted.
"Just a moment gentlemen, before this escalates into an argument. I think Mister Mason has every right to impeach this witness. This man's state of mind certainly has a bearing on his testimony. I am going to overrule the objection. Answer Mister Mason's question."
"But Your Honor!" Hamilton protested.
Just as quickly as the district attorney had protested, the judge snapped back at him, "I said overruled. Sit down, Mister Prosecutor."
The anger on Burger's face was evident but he sat down, knowing he could take it no further. "Now, Mister Fougere, answer the question," Judge Sean Newman ordered.
Fougere looked at Mason with obvious hatred in his expression. "Yes, Mason, I expect the court to believe every word of it because it is true."
Mason walked back to the defendant's table. Della handed him another piece of paper. When he arrived back at the witness stand, he demanded, "Tell the court what that is, Mister Fougere."
Fougere looked at the document. "It appears to be an evaluation of me by my doctor."
"That's correct. What is the date on the evaluation?" Mason requested.
Fougere read the date to the court.
"And isn't that dated exactly two weeks before you escaped the institution?"
"Left the institution, Mason. I did not escape. They can not keep you there against your will. You must volunteer to accept their treatment," Fougere snarled at the attorney.
"Then, that must be the reason they lock the doors in that wing," Mason said, sarcastically.
"Objection!" Hamilton shouted, shooting out of his chair.
"Objection sustained. I warn defense counsel to keep his remarks within the court's procedure"
Mason smiled and bowed to the judge. "My apologies to the court." He turned back to Fougere. "Please read the doctor's diagnosis, Mister Fougere."
Carlisle Fougere hesitated. It was long enough for Mason to become impatient. "Read it!" he said, raising his voice.
"Oh, Your Honor, Mister Mason is humiliating this witness!" Burger snarled, giving the defense counsel a look of disapproval on his tactics.
"Overruled, Mister Burger. We have already gone over this. Answer counsel's question," Newman said to Fougere.
"I will not. He can read it himself," Fougere growled.
Mason started reading it immediately as the judge was about to say something; probably to warn Fougere of being in contempt of court. "Alright, I will read it for you. 'The patient has been completely uncooperative, belligerent and is still showing signs of delusions, with an inability to distinguish between those delusions and reality.' "
Mason stared at the witness. As most witnesses did, Fougere looked away from him, unable to withstand Mason's glare. "And you still expect this court to believe a word you say?"
"Yes," Fougere said. "Because it is true."
"Isn't it true that you attempted to set Robert Duvalier up for the murder of Frank Rousseau?"
"No!" he shouted back at Mason.
"Isn't it true that you sent those telegrams as part of that set up?" Mason said, hammering away at the witness.
"No! I tell you he ordered me to do it!" Fougere shouted back, pointing at Robert Duvalier.
"And isn't it true that you are the one that opened those overseas accounts, not to help the Revolution, but to help frame Robert Duvalier for the murder of Frank Rousseau?"
"No, no, no! How many times do I have to tell you!" Fougere shifted in his seat in the witness stand.
Mason stared at him for a moment and then said, "But you failed, didn't you?"
A smirk appeared on Carlisle Fougere's face. "If it were all true, which you have no proof that it is, I would have succeeded completely."
"Is that right?" Mason said.
"Yeah, that's right."
The door into the courtroom open, and in walked Frank Rousseau with Ed Brown and Paul Drake trailing behind him.
The courtroom, as expected, broke out in complete pandemonium. Mason noticed the look of utter shock on Hamilton Burger's face. However, Lieutenant Tragg's expression never changed. He bent over to Burger and whispered in his ear, "I told you to listen to Perry." If Burger had heard him, he gave no indication. He was staring at Frank Rousseau with his jaw hanging open.
Judge Newman repeatedly pounded his gavel on the bench. "There will be order or I will clear the courtroom!" he shouted over the excited crowd.
Once the noise had died down, Judge Sean Newman looked over at Hamilton Burger. "Mister Burger, I think a motion is in order."
Slowly, the shocked district attorney stood up, "I motion that all charges against the defendant be... "
"Not so fast, Hamilton," Perry shouted. "I am not finished with this witness." He had no intention of allowing Fougere of being charged only in this instance. There was a much bigger crime to deal with.
"But Mister Mason, Mister Burger is willing to make a motion for dismissal. I intend to grant that motion under the circumstances," the judge said in bewilderment.
"Your Honor, I am not finished with my examination." Robert Ironside laid his hand on Mason's arm. The attorney bent down.
"Perry, we can prove it outside of this courtroom. You might want to spare Hamilton Burger of any further embarrassment."
"I am not thinking of Hamilton Burger, Bob. I am thinking of what Fougere has put so many people through. I intend to put that nail in his coffin right here and now by exposing him in public. I want a confession."
Ironside nodded. "Then put me back on the stand first."
Mason thought for a moment. "Alright, we will do this together."
"Mister Mason?" the judge called out.
Mason turned back to Judge Newman. "Your Honor, may we approach the bench?"
Hamilton Burger followed Perry Mason to the judge's bench. "What is this all about, Perry?"
"Your Honor, there are some facts that have not been brought to the court's attention. I beg the court's indulgence. I would like to recall one witness that will reveal those facts," Mason informed Newman and Burger.
"What witness?" Burger asked.
"Well, this is highly unusual since we no longer have a murder victim. I think it would be more appropriate to dismiss this case right now," Newman said.
Burger looked into the eyes of his courtroom adversary. He saw something there. He looked up at the judge and said, "I withdraw my motion to dismiss."
"You what!" the judge exclaimed in amazement.
"I withdraw my motion to dismiss," Burger said. "I have no objection to Mister Mason calling Robert Ironside back to the stand."
Newman stared at the two men. "If there is no motion to dismiss and no request for one, then... alright, Mister Mason, call your witness."
The two lawyers headed back to their respective tables. Perry nodded at his brother and then address the bench. "I call Robert Ironside back to the stand." He reached over and opened the gate as Ironside wheeled his chair to the front of the room.
Ironside settled in his chair and waited for his brother. He nodded to Perry as he noticed Fougere trying to leave the room. Perry caught Paul's attention. Ed Brown looked to see what his boss and his brother were calling Paul's attention to. As soon as he noticed Fougere, he got up and assisted Paul in restraining Carlisle Fougere. They brought him to the front of the courtroom. Ed slid in to a chair, as Paul pushed Fougere into the chair next to Ed. He sat down beside the Frenchmen so that he was sandwiched between them.
Once Perry was certain that Fougere was not going anywhere, he turned back to his brother. The judge reminded Ironside he was still under oath. The detective nodded in acknowledgement.
"Chief Ironside, do you know the man between Sergeant Ed Brown and Private Investigator Paul Drake?"
"I know of him. I don't know him personally," Ironside answered.
"When was the last time you saw him?" Mason asked.
"When he walked into this courtroom," Ironside said.
"What?" Hamilton exclaimed aloud. He did not understand why Ironside answered that way. He would at least have seen him in the tunnels of San Francisco.
"Let's go back a ways to a time in San Francisco. Pierre Fougere tried to detonate a nuclear bomb in the tunnels under the city, is that correct?"
"Yes, it is."
Hamilton, with a bewildered look, stood up, "I don't understand. What does this have to do with the current case, Perry?"
"Is that an objection, Mister Burger?" the judge demanded.
Burger looked over at Mason. This case was already over and he had allowed Mason to embarrass him; it was his own fault. He did not understand what Perry was doing, but he decided not to interfere. Sitting back down, Burger responded, "No, Your Honor."
Mason turned back to his brother. "Can you tell us what happened that day in the tunnels under San Francisco?"
"Pierre Fougere had kidnapped Robert Duvalier and Barbara Jones; he had tied them to two different bombs. One was a nuclear bomb, which he had tied to Robert, and the other a conventional bomb which he had tied to Barbara Jones," Ironside revealed.
"Tell the court the relationship of these two people to you, Chief."
"I found out that day that Robert Duvalier was my son and Barbara Jones was the woman I was seeing at the time."
"So Fougere was trying to make you decide which to save?"
"Not really, he knew I would have to go after Robert since he is the one that was tied to the nuclear bomb."
"I went after Robert and sent Ed Brown, Eve Whitfield and Mark Sanger after Barbara. When I found Robert, he had been able to untie himself from the bomb. Fougere had changed the color of the wires on the bomb, but Robert knew that Fougere always nicked the wires. We cut the nicked one and turned the bomb over to Homeland Security."
"Then what happened?" Mason asked.
"Robert and I joined Ed and the rest of my staff. Fougere had a remote control so that he could set off the bomb if we tried to stop him. Robert was able to convince him that he was still part of the Revolution. He got the remote control from him and destroyed it. We did not have much time left. He had connected two sets of wires. Barbara was connected with one set of wires to the explosive, and the bomb had another set.
"What did you do?"
"We looked at the wires. He again had changed the colors to confuse us, as to which to cut."
"Did he nick one of the wires?"
"Yes. I was about to cut it when Robert stopped me. He told me that Fougere wanted us to believe that the nicked wire was the one to cut, as he always nicked one in order to know which one to cut if he could not get away from a situation."
"So you did not cut the nicked wire?"
"No, we cut the other one. The timer on Barbara stopped and we disconnected her from the bomb."
"But you did not have time to disconnect the bomb itself?"
"No, I had ordered everyone out of the room, but Fougere and Robert. Before they left, I had Sergeant Brown handcuff Fougere to the bomb. After we got Barbara disconnected from the explosive, Robert carried her out of there. I was left alone with Fougere."
"What happened next?"
"I took the key to the handcuffs out of my pocket to release Fougere, but he tried to hold me in that room so that I would be killed upon the explosion."
"How did you stop him?"
"After struggling with him, I was able to knock him to the floor, and I wheeled out of the room. I was met by Ed and Mark who pushed me as fast as they could away from the room before the bomb went off."
"Killing Pierre Fougere?"
"No," Ironside said.
"But you said he was handcuffed to the bomb," Mason pointed out.
"That's right. But at the time, his behavior was extremely strange for him. He kept getting Rousseau and myself mixed up when referring to one or the other. He acted like he was on the verge of insanity," Ironside reported.
"So Pierre Fougere had snapped, is that what you are saying?"
"No, the man in the tunnel was already insane. Pierre Fougere was clever, devious but he was not insane."
"But you just said that he acted like he was on the verge of insanity?" Mason questioned.
"It seemed that way at the time but as we now know, it was Carlisle Fougere that was killed in that explosion."
The courtroom broke out in pandemonium once again. After the judge used his gavel to silence the people, Perry said, "Please continue."
"Pierre Fougere is a coward. He was expecting the nuclear bomb to go off. His brother had left the mental center and found out where his twin was. Pierre sent his twin brother in his place to die."
"Can this be proven?" Mason asked.
"The accounts that had been opened were opened by Pierre Fougere. It was believed they were opened by Carlisle Fougere in his brother's name. Those accounts had to be opened with a fingerprint. Both mens' fingerprints are on record. If you take the man's fingerprints that is posing as Carlisle, you will find that he is not Carlise Fougere but indeed Pierre Fougere."
Pierre Fougere shot out of the chair he was in. "I should have gone into that tunnel myself and killed you, Ironside! You and that worthless son of yours. I should have not sent that idiot brother of mine! I should have killed you and Rousseau when I had the chance!"
Fougere looked around a silent room. Mason and Ironside were both staring at him. He realized that no insanity plea would work as they now knew who he was. How had he blown it? He was supposed to watch Duvalier go to his death for the murder of Rousseau. How had the man survived? How had Ironside and Mason pulled this off?"
The judge was the first to speak. "Bailiff, take Mister Fougere into custody. I trust you will want to take him back to San Francisco to stand trial, Chief Ironside."
Ironside looked over to Pierre Fougere with a stone-faced stare. "I do indeed, Your Honor."
"I will see that the proper paperwork is filed and approved. Mister Burger, I think it is time for you to entertain a motion and end this."
Hamilton Burger stood up, still in stunned disbelief. "I move all charges against the defendant be dismissed."
"Motion granted. Mister Duvalier, you are free to go." The judge banged his gavel and left the courtroom through his chamber doors.
Reporters started snapping pictures of Ironside and Mason. They began pushing their way, jockeying for position to throw questions at the two men. The police had moved in to keep them at bay.
Ironside wheeled to his brother who was talking to his son. "Robert, you have scared ten years off my life," he scolded.
Frank Rousseau stepped forward. "Sorry about that, Bob but it was necessary to keep you and Perry in the dark while we let Fougere hang himself. We knew the only way to catch him was exactly how we did it."
"I regret the worry that it caused you, Papa, but after what that man had done to you, me, Frank and the people of San Francisco, we knew we had to come up with a plan to stop him. He would not have quit until he had killed all three of us," Robert told his father. "Not to mention the countless innocent citizens who would have been killed in the process."
"You see, Bob," Frank explained, "There was nothing we could do about Carlisle leaving the mental institution. Like the United States, there are no state institutions. Carlisle could have left there at any time. By doing so, he played right into Pierre's plans. He doesn't mind getting others killed but when it came down to him getting killed in that tunnel to insure your death, you are right, he is a coward. He sent his brother in to be killed."
"He even had me fooled," Robert said. "I did not know that it was not Pierre. I was surprised when I thought that he had snapped and gone insane. He was always in complete control of himself. I guess it should have been a clue that something was wrong."
"How could it have been, Robert? At the time, you had no way of knowing that Pierre had a twin brother."
"But to send his own brother to his death," Eve said. "How could he do that?"
Robert looked at Eve and said, "Pierre did not care about anyone but himself. He pretended the Revolution was what was motivating him but it was not. He only used the Revolution to a means to accomplish what he wanted."
"Which was what?" Ed asked.
"To kill as many people as he could to punish the people that he thought wronged him," Ironside said.
"That is right, Bob. He hated authority. To him, the police was the ultimate authority. He hated them. Since I was the one that went after his organization, he hated me the most." Frank Rousseau directed his remark to Ironside.
"My father became a target because he interfered with the organization when he came to Montreal. That is why Pierre went to San Francisco to set off bombs in that city," Robert said.
"I still don't see why you could not have let us in on what you were doing," Ironside grumbled. "If Perry and I had not been able to follow your clues, Robert could have been convicted of a murder that never took place."
"I would never have allowed that to happen," Rousseau said, shaking his head.
"Frank, he could have killed you and dumped your body where it would not be found," Ironside complained.
"Frank was too well guarded, Papa," Robert said. "Both Detective Contraire and Armand Dareau were looking after him."
"Speaking of those two," Perry wondered, looking around. "Where are they?"
"I sent them back to Chicago as soon as they arrived," Ironside answered. "Frank did not want Dareau's cover blown. There are still members of the Revolution that he is after."
"Well, I for one am ready to go home," Eve said.
Paul, who had been silent, watched Mark. The young man was shaking his head back and forth. "Not yet. I think someone owes us a steak dinner."
Della was busy gathering up Perry's papers and putting them back into his briefcase. She walked over the group. "I agree with Mark. I can't remember the last time I had a decent meal." She locked her arm into the crook of Perry's. He put his arm around her and smiled. He could not remember the last time they had been able to spend time alone together.
"So who's buying?" Paul asked.
Everyone became silent. Ironside noticed that everyone was looking at him. "Why should I buy? I did not cause all this trouble." He looked over at his son.
Robert noticed his father staring at him. "Sorry, I don't make enough money to take this many people out to dinner." He looked at Frank.
"Why should I buy? This whole thing was your idea."
Hamilton Burger and Lieutenant Tragg came over and joined everyone. They noticed everyone staring at them. Burger raised his hand. "Okay, okay, since I demanded re-opening this case, the district attorney's office will buy."
"No, you were only doing your job," Perry said.
Ironside and Mason were staring at Lieutenant Arthur Tragg. When he noticed, he said, "I tried to tell Hamilton to listen to you. Why should I buy?
"To keep from getting sued," Perry told him.
"Sued! I thought we settled that," Tragg retorted.
"We did, or at least we will, right after dinner," Ironside grinned.
Tragg groaned. "Do you know how much dinner for this many people is going to cost?"
"About the same amount we are going to sue you for if you do not spring for dinner," Perry said.
Paul was grinning from ear to ear. "Prime rib, I have not had that for a long time."
Eve, Ed and Mark were in agreement. "The best cut of steak they have," Mark said. Ed and Eve nodded.
"I have a better idea," Tragg said. They were going to regret making him buy. "How about... chili?"
Everyone groaned except Robert Ironside who had a big grin on his face. Chili it was and then he would return to Katherine in San Francisco.
For those of you who have not read my fanfiction "Check Mate and Terror", this was based on the events in that story.
Please remember, I have no legal training and that this was intended for your reading enjoyment.
A big thanks to Journey Through Time for her work in getting these ready for publishing.
Another Ironside/Perry Mason adventure is in the works.
Thanks for reading and especially those that have reviewed. Your support of my work is much appreciated.