The Devil’s Bargain | 1

Summary

Criminal Attorney: Episode 1 – "The Devil’s Bargain"

Published on September 23, 2024 by Wondery

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Introduction

Criminal Attorney is a gripping podcast series by Wondery that delves into the shadowy intersection of law and crime in Newark, New Jersey. The series centers around Paul Bergren, a renowned criminal defense attorney whose unconventional methods have earned him a stellar reputation. However, as his success grows, so do suspicions about his true intentions and possible criminal activities. In the premiere episode, "The Devil’s Bargain," listeners are introduced to both Paul Bergren and Shawn Brokos, an FBI agent intent on dismantling a major drug ring and uncovering the truth about Bergren's involvement.

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Background on Paul Bergren

Early Career and Rise to Prominence

Paul Bergren's journey began as a young prosecutor in Essex County, Newark. Renowned for his relentless pursuit of justice, Paul quickly built a reputation for winning difficult cases. John Edwards, a fellow attorney, remarks on Paul's tenacity:

"I think Paul won every case that he tried. He was ruthless, he was unwavering." (06:12)

His impressive track record led to his recruitment by the U.S. Attorney's Office in Newark, a significant step up from his previous position. Despite his achievements, Paul always felt like an outsider among his Ivy League-educated colleagues. He humorously recounts:

"I didn't really fit in with the other attorneys, the high achieving Ivy League types. I had gone to Nova Southeastern, a small law school in Florida, and reportedly hung up a Playboy calendar in the office instead of a diploma." (07:28)

Controversial Trial and Downfall

Paul's career took a tumultuous turn during a high-stakes trial presided over by Judge Marion Trump, Donald Trump's sister. He shockingly chose to testify on behalf of two corrupt homicide detectives he previously worked with, defending their integrity despite overwhelming evidence against them. Edwards highlights the gravity of Paul's actions:

"You're a sitting U.S. attorney, and now you're not only injecting yourself into the mix of a case, you're injecting yourself into a mix of a case to provide testimony that potentially is going to be beneficial and could lead to an acquittal of a defendant who's being prosecuted by the very office that you're employed. When you look at it, it's mind-blowing." (09:04)

Paul's loyalty to these detectives cost him dearly. Despite his efforts, the detectives were convicted on multiple charges, and Paul faced severe repercussions. He was relegated to a minor office space, stripped of his caseload, and eventually resigned in anger and bitterness towards the federal system. This pivotal moment marked his transition from a respected prosecutor to a formidable private defense attorney.

Establishing Private Practice

Paul relocated his practice to the modest Dollar Savings Bank building in Newark, distancing himself from his former prestigious environment. He vowed to defend his clients with unwavering commitment, regardless of the cost. At a community event, Paul states:

"I'm here to serve you. I mean, this is the system that's supposed to protect the good, the bad, the strong, the weak, the rich, the poor. And you come to realize that it really doesn't work like that." (12:36)

His deep understanding of the legal system, combined with his connections to corrupt individuals, allowed Paul to manipulate cases to his clients' advantage. He built a network of informants, including an assistant prosecutor with gambling issues and dishonest cops, ensuring he had insider information to win cases. Paul's clientele expanded to include high-profile figures like celebrities and gang leaders, cementing his status as Newark's most formidable defense attorney.

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Background on Shawn Brokos

From Banker to FBI Agent

Shawn Brokos's career path was unconventional. Originally overseeing loan qualifications at a bank in El Paso, her encounter with federal agents investigating money laundering ignited her passion for law enforcement. Inspired by the complexity and intrigue of FBI work, Shawn made a decisive career shift:

"I literally walked down to the local FBI office. I put my name in, filled out an application, and before I knew it, I was off to Quantico for training for the FBI." (16:22)

After completing her training, Shawn became a dedicated FBI agent, specializing in gang-related investigations in Newark's volatile environment. Her role placed her directly in the heart of criminal activities, dealing with notorious gangs like the Bloods and the Crips.

The Threat from Paul Bergren

On a seemingly ordinary summer evening, Shawn's life took a dramatic turn. While relaxing with her girlfriend, she received a distressing call informing her that Paul Bergren had been captured discussing Shawn, implying a threat against her:

"All I knew is he had mentioned something about getting rid of me, something like that." (01:56)

This was the first time Shawn, with 13 years in the FBI, had a direct threat against her. Determined not to be intimidated, she faced the situation head-on, refusing to vacate her home despite FBI orders. Paul’s reputation for making real threats rather than empty ones was well-known:

"If Paul asked you to do something. It wasn't a request, it was an order." (03:31)

This incident set the stage for the escalating tension between Shawn and Paul, marking the beginning of their complex and dangerous relationship.

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Shawn's Operation: Recruiting Kimo McCray

Meeting Kimo

Determined to dismantle the drug ring, Shawn identified Kimo DeShawn McCray, a known figure with criminal ties, as a potential informant. Kimo, involved with the Crips and possessing insider knowledge, was instrumental in Shawn's strategy to infiltrate the gang:

"This guy Will knows that I've been buying from one of the housing projects and told me I can get crack heroin from him. I don't have to buy from these lower level guys. I can just go directly to him." (26:55)

The Informant Strategy

Shawn's plan hinged on utilizing Kimo's connections to gather intelligence on higher-level criminals like Will Baskerville. By integrating Kimo into her operations, Shawn aimed to climb the criminal ladder, gathering critical evidence to take down major players. Their interactions were professional yet tense, with Shawn maintaining strict control over the operation:

"You can either join our team, become part of team government, which means you're going to help us in our investigations. If you decide against that, you do know that I will have to arrest you for being in possession of this weapon." (20:54)

Operational Tactics

Shawn and Kimo developed meticulous tactics to ensure successful operations while minimizing risks. This included safe words to signal danger, detailed debriefings after transactions, and maintaining constant communication. Their routine became second nature, allowing them to execute high-stakes deals with efficiency:

"We grab the drugs off of him right away, shut off the recording device, and then debrief him, you know, what did you see? What did you hear? How'd it go? What's going on. Take the drugs back, test them. And off we went. It became just like a routine to us. We did a lot of those." (25:42)

Challenges and Risks

Despite their organized approach, unforeseen challenges arose. Personal elements, like Kimo bringing his beloved dog Chemo to operations, added emotional complexities to their missions. These factors sometimes jeopardized their work but underscored the human side of law enforcement's battle against crime:

"But she couldn't tell Keemo not to bring him, or she'd risk losing a chance to send Chemo out for a buy." (26:10)

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Climbing the Criminal Ladder: The Will Baskerville Operation

Introducing Will Baskerville

As Shawn and Kimo progressed, they aimed higher, targeting Will Baskerville, a formidable drug lord. Capturing Will was pivotal for the FBI's broader strategy to dismantle the criminal network. However, Will's defenses were robust, posing significant challenges:

"Shawn wanted to flip Will so she could aim her sights even higher." (27:36)

Heightened Stakes and Increased Risks

Engaging with Will Baskerville introduced new levels of danger. Their interactions required more sophisticated surveillance and risk management, especially as Will grew suspicious of potential informants:

"The buys from Will became a regular thing. Kema would purchase at least 5 grams of crack cocaine. That was the threshold to get Will on a high mandatory minimum sentence." (27:36)

A Close Call

During a critical operation, Shawn and Kimo faced a near-disastrous encounter when Will suspected Kimo of being a snitch. Through Kimo's charisma and quick thinking, they narrowly avoided exposure and potential violence:

"He said, 'I know you're a snitch.' Will really gave him hell and thought he was a snitch, and he wasn't wrong." (28:26)

Kimo's ability to defuse the situation underscored his essential role in the operation, but also highlighted the constant peril they navigated:

"He was so likable and gregarious. He could tap dance. He could do that tap dance where a lot of people, I think, would be really, really nervous." (29:13)

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The Collision Course: Shawn vs. Paul Bergren

The Unexpected Clash

As Shawn prepared to arrest Will Baskerville, an unexpected twist emerged—Paul Bergren was Will's defense attorney. This revelation marked the impending confrontation between Shawn and Paul, setting the stage for a high-stakes battle of wits and wills:

"Will Baskerville's lawyer was Paul Bergren, criminal attorney. And what she would soon learn is that Paul would do anything to keep his clients out of jail, no matter the cost, no matter who got in the way." (29:04)

Implications of Paul's Involvement

Paul's involvement meant that Shawn's meticulously gathered evidence and efforts could be undermined by his legal maneuvers. Paul's expertise and connections posed a significant threat to Shawn's mission, introducing a personal vendetta into the professional conflict:

"Paul would go to great lengths to protect his clients." (29:04)

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Notable Quotes

• Paul Bergren on the Legal System:

  "I mean, this is the system that's supposed to protect the good, the bad, the strong, the weak, the rich, the poor. And you come to realize that it really doesn't work like that." (12:36)

• Shawn Brokos on The Devil's Bargain:

  "So go to jail or become an informant and risk your life trying to infiltrate a ruthless drug gang." (21:17)

• John Edwards on Paul's Integrity:

  "Loyalty is really blind." (03:37)

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Conclusion

Episode 1 of Criminal Attorney, "The Devil’s Bargain," masterfully sets up the intricate dynamics between Shawn Brokos and Paul Bergren. Through a detailed exploration of their backgrounds, motivations, and early interactions, the episode lays the foundation for a compelling narrative of power, corruption, and the relentless pursuit of justice. As Shawn edges closer to taking down one of Newark's most dangerous criminals, Paul Bergren emerges as a formidable obstacle, promising a riveting clash in the episodes to come.

Listeners are left eagerly anticipating the unfolding drama as Shawn and Paul navigate their respective paths, each determined to emerge victorious in their high-stakes game.

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Stay Tuned

To follow the escalating saga between Shawn Brokos and Paul Bergren, tune into the next episodes of Criminal Attorney on the Wondery App, Apple Podcasts, Spotify, or your preferred podcast platform. Join Wondery+ for early access and an ad-free experience by starting a free trial here.

Transcript

[Shawn Brokos]

Wondery subscribers can binge all episodes of Criminal Attorney early and ad free. Join Wondery in the Wondery app or on Apple podcasts. It was an early summer evening in Middletown, New Jersey, just your average quiet suburb about an hour south of Newark. The sun was setting. It was the start of the weekend, and Shawn Brokos was out back having drinks with a friend.

[Kimo DeShawn McCray]

Our deck sat up high and we overlooked woods, and there was this kind of rolling stream that I loved because it just was that, you know, the constant sound of just water trickling.

[Shawn Brokos]

Sean was coming off an intense week. She'd been slammed at work and was doing double duty with the kids. Since her husband was out of the country that night, she was excited to relax and connect with her girlfriend, who was visiting her for the weekend.

[Kimo DeShawn McCray]

I didn't even take my cell phone with me, which is unusual. I usually have my cell phone attached to my body at all times.

[Shawn Brokos]

They were drinking some Dale's Pale Ale that her friend had brought from Pittsburgh. It was exactly the break that Shawn wanted. But it didn't last long. When Shawn got up to grab two more beers from the kitchen, she noticed her phone on the counter.

[Kimo DeShawn McCray]

I've got all these missed calls and I'm thinking, what's happening?

[Shawn Brokos]

We all know that feeling. But Shawn was an FBI agent and the person calling her was a prosecutor working with her on a case. Shawn called him back. He told her there was an issue with someone that Shawn had arrested. A guy by the name of Paul Bergren. Shawn had been investigating Paul for several years and had finally put him in handcuffs a few months before on charges that included drugs, racketeering, and conspiracy to murder a witness. But the reason the prosecutor was interrupting her Friday evening was that Paul Bergren had just been caught on tape talking about Shawn.

[Kimo DeShawn McCray]

All I knew is he had mentioned something about getting rid of me, something like that. Berggren had mentioned to get rid of me. And I'm thinking I've got a three year old and a two year old in bed asleep.

[Shawn Brokos]

She'd been an FBI agent for 13 years, but this was the first time a target had tried to put a hit on her.

[Kimo DeShawn McCray]

This is surreal, you know, all I wanted to do was have some drinks on the deck with my girlfriend. And now, like, this whole thing has just gotten crazy and out of hand.

[Shawn Brokos]

She barely had enough time to figure out what to do next before she heard people arrive at her house.

[Kimo DeShawn McCray]

So law enforcement had already been notified, our FBI office and local police. So within probably five minutes of me seeing my phone, we had local Middletown police out. Parked out in front of my house.

[Shawn Brokos]

Sean looked at her friend.

[Kimo DeShawn McCray]

My poor girlfriend's there like, what the hell is happening here? I'm trying to process this.

[Shawn Brokos]

Moments after the police arrived, Shawn's boss at the FBI showed up.

[Kimo DeShawn McCray]

Walks in my kitchen, 9:00 at night. They wanted me to go to go into a hotel to take the kids, go somewhere else.

[Shawn Brokos]

But Sean wasn't feeling that. She put Paul Berggren in jail. She wasn't going to let him run her out of her home, and she was definitely going to finish up her girls weekend.

[Kimo DeShawn McCray]

They said, nope, I'm staying right here. And that's when they said, well, we'll have the police out here 24 7. Everybody took it very seriously, and there.

[Shawn Brokos]

Was a reason they took it seriously. Paul Bergren had a reputation as someone who was connected. He was a lawyer who knew the system and did what he needed to win. He was someone who did not make empty threats.

[Paul Bergren]

If Paul asked you to do something.

[Shawn Brokos]

It wasn't a request, it was an order.

[John Edwards]

Loyalty is blah and blind. Loyalty is really blind.

[Shawn Brokos]

See, I don't have anything to say under the fifth Amendment without my attorney being present. Psychosis is a kind of mysterious thing, you know, I mean, people make up all kinds of stories.

[Kimo DeShawn McCray]

I knew that if she had to defend herself and our family, that she'd be able to do it.

[Shawn Brokos]

He was a murderer that wore a three piece suit from Wondery. I'm Brandon Jinx Jenkins and this is Criminal Attorney Man. When I was a kid, I spent a ton of weekends visiting with my dad's family in Newark, New Jersey. And I always looked forward to those trips because I'd get to hang out with family on the big front stoop of my grandma's apartment. And as we got older, we'd graduate. From the stoop to the stairs and then the stairs to the sidewalk and then from the sidewalk to the ends of the corners. But no matter what, we were not allowed in the street because at any moment, a stolen car could come speeding down the block. And as much as I love Newark, I was always aware of this hidden danger. Maybe it's that speeding car or maybe it's a cop in a uniform. Newark was vibrant, but with vibrance comes vigilance. And the thing is, I was told to stay out of trouble. And I tried to, I listened. But if you didn't, if you were the least bit inclined to venture out into the street and get in the mix even a little, Newark was the kind of place where you could Find yourself sliding downhill before you even knew what was happening, before you could do anything to stop yourself. And it might start out as guilt by association, but it can become more than that. It can become guilt by action. This is episode one, the Devil's Bargain. In 1989, Newark felt almost like a playground for criminals. Robbery, vandalism, murder, you name it. If you had criminal intent, then Newark, New Jersey was a land full of possibility. And there was a good chance you would get away with it. That is, unless you ran into a young prosecutor named Paul Bergrand.

[John Edwards]

I think Paul won every case that he tried. He was ruthless, he was unwavering.

[Shawn Brokos]

John Edwards, Tiffany was a fellow attorney who went way back with Paul. John was a little bit younger, but they both ran in the same Newark legal circles. And John knew that Paul did not try the type of cases that were exactly easy to win.

[John Edwards]

At the height of his prosecuting career in Essex county, he was trying murder cases.

[Shawn Brokos]

And winning this record helped him get recruited to join the U.S. attorney's office in Newark. See, before he was attempting to take out FBI agents, he was on the side of the government. For someone like Paul to get a job in the U.S. attorney's office was the big leagues. Paul would later claim that his new boss instructed him to kick ass and show the other prosecutors how to try a case. Paul arrived at the U.S. attorney's office with his signature mustache and nice suits. But he didn't really fit in with the other attorneys, the high achieving Ivy League types. He had gone to Nova Southeastern, a small law school in Florida, and reportedly hung up a Playboy calendar in the office instead of a diploma. The other assistant US Attorneys played golf on the weekends while Paul said he went to his second job, running security at a Holiday Inn. He was a boxer in ex military, so the side gig made sense. But Paul had a bigger problem than feeling like an outsider. His new office had just filed corruption charges against two homicide detectives he had worked with on a regular basis in Essex County.

[John Edwards]

Paul was indefatigable. He said it's a bunch of malarkey. This is a witch hunt. We shouldn't be going after these individuals.

[Shawn Brokos]

These two guys were crucial to a whole bunch of murder cases. Paul had won when he was a county prosecutor and Paul was loyal to them. This is according to his unpublished memoir, which we got access to during the course of our recording. But his new colleagues at the U.S. attorney's office didn't listen. They had enough proof against these detectives that they were willing to bring the case to trial. This Trial was held in Newark and presided over by Judge Marion Trump. Barry? Yes, you heard that right, Donald Trump's sister. At the trial, the evidence against the policemen poured in. The jury and judge heard how they were recorded on wiretaps tipping off a drug dealer. They told the drug dealer about a police informant within his organization and helped him avoid arrest. I mean, the drug dealer himself took the stand to testify against the cops. It seemed like everyone and everything was against him. Everyone except Paul.

[John Edwards]

During the course of the trial, Paul agreed to be a character witness.

[Shawn Brokos]

Okay, look, no one at the U.S. attorney's office knew why Paul was willing to basically commit career suicide by vouching for these two corrupt cops. But it cannot be understated how unusual it was.

[John Edwards]

You're a sitting U.S. attorney, and now you're not only injecting yourself into the mix of a case, you're injecting yourself into a mix of a case to provide testimony that potentially is going to be beneficial and could lead to an acquittal of a defendant who's being prosecuted by. The very office that you're employed, when you look at it, is mind blowing.

[Shawn Brokos]

Paul was testifying against his own people voluntarily. He drafted a memo laying out his intention to speak on behalf of the accused cops. Well, that memo ended up in the hands of the United States Attorney, who at the time happened to be Samuel Alito. Yes, that's future Supreme Court Justice Samuel Alito.

[John Edwards]

The office understandably was trying to put pressure, saying, you can't do this. This is really going to jettison your career.

[Shawn Brokos]

After the memo reached Alito, one of Paul's superiors stormed into his office and tried to convince Paul not to take the stand.

[John Edwards]

He said, no, I've got an obligation. I know this man. He was an excellent investigator.

[Shawn Brokos]

And so in front of the jury, the local press, his colleagues in the U.S. attorney's office, and Donald Trump's sister, Paul Bergren testified on behalf of the defense. He said the detectives were honest and trustworthy guys. He also said he asked one of them to maintain contact with the drug dealer to get information out of the dealer for a triple murder case. Not only was he giving them credibility, he was giving them an excuse for giving confidential information to a drug dealer. But that wasn't the end. After he testified, Paul said he snuck over to the court to watch closing arguments.

[John Edwards]

Typically, U.S. attorneys, if they're watching, will sit behind the U.S. the table where the U.S. attorneys are sitting. Paul would often sit in the gallery, but behind the defense attorney table.

[Shawn Brokos]

After sitting down, Paul looked across the aisle there was Samuel Alito sitting behind the U.S. attorneys. He was looking directly at Paul and he was not happy. When Paul got back to his office, he was called in to see one of his bosses and chewed out. He was told that his actions had been both distasteful and disloyal. The thing is, the case against the cops was solid at best. Paul was playing the hero, testifying knowing he was on the losing side. The judge rejected a plea bargain and both men were convicted on a litany of charges, including racketeering and drug and extortion conspiracy. Paul was punished too. After the trial, he was exiled to the sixth floor, where there weren't any other prosecutors. His new office was more like a broom closet. He had no telephone, no secretary. He didn't even have a filing cabinet.

[John Edwards]

Basically, all the caseload that Paul had was taken away and. And for at least three to six months, he would come into the office and really have nothing to do. There wasn't anything going on. They weren't giving anything to him.

[Shawn Brokos]

His career at the U.S. attorney's office was over and he knew it. He had another year left on his contract, but instead he submitted a letter of resignation. When Paul walked out of the building, he left with only a few belongings, but plenty of hard feelings towards the feds. When Paul set up his private practice about four miles north of his former place of work, it was a completely different world from the U.S. attorney's office. No more fancy columns and 16 floors. His new office was in the Dollar Savings bank building in Newark. Paul had one thing to say to the people of Newark. I'm here to serve you. This is Paul himself at an event organized by a small community group in Newark.

[Paul Bergren]

I mean, this is the system that's supposed to protect the good, the bad, the strong, the weak, the rich, the poor. And you come to realize that it really doesn't work like that.

[Shawn Brokos]

He was wearing a black tailored suit with a burgundy striped tie. His hair is jet black and pushed back, and his thin mustache is neatly trimmed. He was there to tell the attendees about their legal rights. Paul Bergren was now a criminal defense attorney. And he knew exactly how the system was rigged. How a bad lawyer or untruthful witness could get an innocent person sent to prison. And he had also seen how a good defense lawyer could help a guilty person beat charges.

[Paul Bergren]

You get the mindset of a police officer so you know every trick or betrayed.

[Shawn Brokos]

He knew how police officers did their jobs, what they could and couldn't do. That's where Paul had an advantage because he knew exactly what to do.

[Paul Bergren]

And you know, how to adjust the case to show and prove that the police are not telling the truth, the whole truth, and not put the truth. So harm from God. And I think that's made me a much stronger defense counsel.

[Shawn Brokos]

And Paul Berggren got results for his clients. It helped that he had his inside people. An assistant prosecutor with a gambling problem, cops who were stealing drugs and money. He could give these guys a bit of legal help, and in return, they slip him information that he needed for his cases. You scratch my back, I scratch yours. It paid off. Paul won more and more cases that got him more clients and bigger clients. Celebrities. There was Tretch from the group Naughty by Nature, who caught a weapons charge. And the rapper Eric B after he got into an altercation with a police officer. You have some movie stars. I said, Queen Latifah. You work with her? I've represented her, and she's a personal friend of mine. Queen Latifah was charged with video piracy for having bootleg VHS tapes in a video store she owned. Paul Bergren got the charges dropped.

[Paul Bergren]

I'm going to treat every single person like they're my own child, like they're my own brother. And I'm going to pour my heart into every case, whether it's the simplest possession of marijuana in municipal court or to a murder trial.

[Shawn Brokos]

That was Paul Berggren. No matter what you were accused of doing, he would do everything he could do to win, and he would be loyal no matter what it cost him. But this was Newark. You couldn't just represent celebrities if you were a criminal defense attorney. The biggest business was with kingpins, people heavily involved in gangs and drugs. And one of those clients would soon catch the attention of an upstart FBI agent and set Paul Bergrin on a collision course with his former employer, the federal government. It was 2003, and Shawn Brokos was on her way to a Newark apartment complex. She had received a tip that someone in that apartment had a gun that they shouldn't. Shawn was in her early 30s, blonde and white in Newark. She looked like a teacher or a dentist or someone with a desk job at a bank, which is actually what she'd been doing seven years earlier. She ran the loan department at a.

[Kimo DeShawn McCray]

Bank in El Paso, so overseeing who qualified for commercial loans, personal loans, car loans.

[Shawn Brokos]

Until one day when federal agents came to the bank. They were investigating one of the bank's clients who they suspected of money laundering. It wasn't like in the movies. It wasn't all that exciting, just two guys wearing suits serving a subpoena. But Shawn was fascinated. She thought to herself, wow, this sounds.

[Kimo DeShawn McCray]

A whole lot more interesting than the work I'm doing. I literally walked down to the local FBI office. I put my name in, filled out an application, and before I knew it, I was off to Quantico for training for the FBI.

[Shawn Brokos]

Fast forward to present day, and Sean was a full on bona fide FBI agent.

[Kimo DeShawn McCray]

It was something that I knew would be an adventure. Look, Newark at that time was not a great place, but if you're in law enforcement, boy, there's no better place to be.

[Shawn Brokos]

She was part of the gang squad.

[Kimo DeShawn McCray]

We were always running cases on the Bloods and the Crips, because at the time, in Newark, those were the strongest street gangs.

[Shawn Brokos]

And on this day, the case involves someone affiliated with the Crips. The man's name was Kimo DeShawn McCray. Kimo had been convicted of a felony, so it was illegal for him to have a gun, and that was enough to take him down. When Shawn and her partner got to the apartment, they knocked on the door. They were led inside, where they met Kimo and his mother.

[Kimo DeShawn McCray]

We said, hey, we know you have a gun in the apartment. We know that you cannot be in possession of a gun. We don't have a search warrant. We can get one, but if you turn that weapon over to us, that would be the best thing to do.

[Shawn Brokos]

They went to the bedroom and opened.

[Kimo DeShawn McCray]

The closet door, and there it was in the back of the closet. It was a sizable shotgun, Brown stock, older model, and sawed off, meaning the barrel had been shortened.

[Shawn Brokos]

They grabbed the shotgun and headed back to the living room.

[Kimo DeShawn McCray]

I immediately walked up to chemo, and I said, you're gonna have to come with us. And I was holding him. I think it was on his forearm or maybe like, his upper arm. And I remember he just literally slipped right out of the jacket. So in a split second, he's gone, and I'm left holding this jacket, and he's out the door.

[Shawn Brokos]

Kimo and his mom were on the ground floor of the apartment building. So his escape was pretty simple. And he had another advantage.

[Kimo DeShawn McCray]

I'm thinking, I'm not chasing him. I'm in skirt and heels. I'm not going to chase after him through the projects.

[Shawn Brokos]

As Shawn watched Kimo run off, she also saw a lost opportunity. See, Sean wasn't just there to get a gun off the street. Shawn Brokos needed someone like Keemo. She had her eyes on some of the bigger Players in Newark. And getting Kimo into custody was just the next very important step in her plan. In this case, Keemo McCray was not the white whale she was looking to land, but he was connected and could lead her up the ladder. She needed someone to go inside the crew and feed her information. That was why she needed Keimo McCrae to agree to be a confidential informant. Now, let's be clear here. The FBI, throughout its history, has had a pretty bad reputation when it comes to informants. They use a small fish to go catch the big fish. But that feels more like big game hunting for optics more than any attempt to stop a problem or protect citizens. Like, how long ago did they start the war on drugs? And how's it going now? But that's the game Sean's playing here. There is no FBI investigation without getting people on the street to talk. And that was why the fact that he was now out the door and down the block was such a bad look. Shawn turned to Keemo's mother. At first, she claimed the gun was hers, not Keemo's. But Shawn wasn't buying it one bit.

[Kimo DeShawn McCray]

I said, you cannot own this gun for your son. It is his, and you cannot do this. It's just not the right thing to do. And she said, yes, it is his gun. It is not my gun, but I don't want to get my son into trouble. So that's when I said, look, just come down to our office tomorrow. We can work through this.

[Shawn Brokos]

Sure enough, the next morning, Keemo and his mother showed up at the FBI field office in Newark. Keemo's a slim black guy in his early 30s. He's been in and out of jail a few times at this point, but now he's got kids, he's very close with his family, and he does not want to do any more time. Shawn remembers that Kimo's mom did a lot of the talking. He looked terrified. In his mom's apartment, Keemo had gotten the jump on Sean. But here in her office, with Kimo's mother by his side, ready to do anything to secure his freedom, Shawn had all the leverage. She'd been in this situation enough times before. She'd sat across other young men like Kimo and tried to flip them. So by now, she had a whole speech worked out.

[Kimo DeShawn McCray]

You don't have to answer any questions. I'm not going to ask you any questions, but I'd like you to listen to me for the next five minutes.

[Shawn Brokos]

Shawn lays it out for Kimo it's simple.

[Kimo DeShawn McCray]

You can either join our team, become part of team government, which means you're going to help us in our investigations. If you decide against that, you do know that I will have to arrest you for being in possession of this weapon. And what that's going to look like is you're going to do jail time. You had the previous conviction. You will be going to jail for quite some time.

[Shawn Brokos]

So go to jail or become an informant and risk your life trying to infiltrate a ruthless drug gang. ROC meet hard place.

[Kimo DeShawn McCray]

And so you know, it's that crossroads and you have to pick. Now, I'm going to give you a couple minutes to think about this. You need to to think about this now. Decide here and now what you're going to do. I'm not going to tell you what to do, but I can tell you if you become an informant, we'll do everything in our power to protect you forever.

[Shawn Brokos]

Shawn left the room so Kemo could talk things over with his mother. What Shawn was pitching Keemo was obviously very dangerous in Newark. Getting caught collaborating with the authorities was the ultimate betrayal and could get you killed. Witness statements had a way of finding their way out the police file and getting posted on telephone poles around the neighborhood, leaving the streets to deliver their own retribution. On the other hand, Kenwood didn't want to go to jail. He wanted to spend time with his family. And there were other considerations, like money. Hooking up with Shawn could mean a little extra income for himself and his family. The devil's bargain, for sure. Sean waited a couple of minutes, then walked back to get her answer. Back in the room, Kima McCray told Agent Shawn Brokos he'd take her deal. Kima would lead Shawn directly to her white whale. But joining up with the FBI and essentially betraying everybody he runs with, it would go exactly as you would expect. Initially, Sean had chemo making deals with guys towards the bottom of the pyramid. Low level dealers. They did a lot of these buys and built a routine. First, Kimo and Sean would meet up.

[Kimo DeShawn McCray]

Somewhere in the Newark area at a predetermined location. It was off the beaten path. If we pulled up in a van and he was on the street corner and hopped in, people wouldn't think twice about it.

[Shawn Brokos]

Once Kimo was in the backseat of the minivan, they discussed their next buy.

[Kimo DeShawn McCray]

We talk a little bit about what's going on. Are you ready to do this? Have you spoken to the target? Have you run into them? Are they available? And then we come up with our plan of Action.

[Shawn Brokos]

The plan of action was usually pretty simple.

[Kimo DeShawn McCray]

Tell him you want an ounce of crack now.

[Shawn Brokos]

It was a matter of getting chemo wired up and ready to go.

[Kimo DeShawn McCray]

The digital recording devices, they were small. It almost looked like one of those square cigarette lighters. And you would just say, look, put it in your pocket, like, but close to your mouth. We'd activate the device, do a preamble, put it on him, and then send him out.

[Shawn Brokos]

But not before they'd agreed on a safe word. There was always the risk of an informant being identified, and if that happened, the situation could go south fast. Keemo came up with his own.

[Kimo DeShawn McCray]

Usually you pick a random word, but he's like, I can't just say banana in the middle of a drug deal. That's just not gonna work. So I said, okay, well, what is something. If this was going south in your terms, what would you say? And he said, I'd say this is fucked up.

[Shawn Brokos]

This is fucked up. Huh? Clever. Sure, they had safety measures, like the safe word. But the reality was that as soon as he stepped out of the minivan, Keemo was on his own. Sometimes there'd be a video feed, but often it was just audio from Keemo's wire. And if that feed dropped out, Shawn would have to improvise.

[Kimo DeShawn McCray]

Sometimes I would just call him and just. He'd act like I was a girlfriend or somebody else. And I'd be like, hey, where are you? What's happening? And he. You know, he'd say something along the lines of, I'm almost done. Give me a minute. I'll be there.

[Shawn Brokos]

After the deal was done, Kimo would head back to the minivan.

[Kimo DeShawn McCray]

We grab the drugs off of him right away, shut off the recording device, and then debrief him, you know, what did you see? What did you hear? How'd it go? What's going on? Take the drugs back, test them. And off we went. It became just like a routine to us. We did a lot of those.

[Shawn Brokos]

And that's how it went for a while. Kimo got wired up. He made buys. He went back to the minivan. And Kimo did well as an informant. In fact, he was pretty much the perfect informant because he was the last person anyone suspected of being one.

[Kimo DeShawn McCray]

Because people liked him. They didn't suspect him. Just a really good person. Salt of the earth, good person.

[Shawn Brokos]

Of course, there were hiccups.

[Kimo DeShawn McCray]

There was always drama.

[Shawn Brokos]

One time, Keemo's pet dog ate the transmitter. And then there was a child care he adored.

[Kimo DeShawn McCray]

Man. Man loved him.

[Shawn Brokos]

Man man was like a son to Chemo. He would sometimes bring him along when he was working with Shawn.

[Kimo DeShawn McCray]

It was very mixed because you see this kid who's four or five, this adorable young kid who's thrown into this life, didn't ask to be thrown into this life.

[Shawn Brokos]

But she couldn't tell Keemo not to bring him, or she'd risk losing a chance to send Chemo out for a buy.

[Kimo DeShawn McCray]

They would laugh and joke and have fun. And you know, Chemo, he'd always have a little toy with him that Keemo bought him, and it was very heartwarming.

[Shawn Brokos]

Sean says she and Keemo were in nearly constant contact, so she got to know little about his personal life and she liked him. But Sean was an FBI agent and Keemo was her confidential informant. By nature, the rapport was one of power and transaction, where Shawn held all the leverage. Keemo needed to do what she said because she held his freedom in her hands. Most of the early deals Kimo made were small time, small amounts from lower level dealers. But that all changed when Kimo told Shawn that he'd been connected to someone major.

[Kimo DeShawn McCray]

He said, hey, this guy Will knows that I've been buying from one of the housing projects and told me I can get crack heroin from him. I don't have to buy from these lower level guys. I can just go directly to him.

[Shawn Brokos]

This guy Will was William Baskerville. Sean didn't recognize the name, but when she asked a colleague, he knew exactly who she was talking about.

[Kimo DeShawn McCray]

Oh, yeah, that's Will Baskerville. He's a big time dealer. And so that became a game changer for us. We thought, okay, this is now taking us to a much higher level. So we just started doing buys from Will Baskerville.

[Shawn Brokos]

But leveling up came with increased risk.

[Kimo DeShawn McCray]

On the street corner, you have visibility, you set up surveillance, you can cover the corner. This, it was a car with dark tinted windows. You couldn't always see who was driving. You didn't know where the car was going to come from.

[Shawn Brokos]

The buys from Will became a regular thing. Kema would purchase at least 5 grams of crack cocaine. That was the threshold to get Will on a high mandatory minimum sentence. But Will Baskerville was on high alert for snitches.

[Kimo DeShawn McCray]

We could sense that Will was starting to get a little suspect.

[Shawn Brokos]

One day, Shawn was getting Chemo ready for a buy. She got him wired up in the van, dropped him off where he was going to approach Will. But this time, they decided to switch things up a bit.

[Kimo DeShawn McCray]

We ended up trying to change the drugs we were buying, so we wanted to see what Will could get his hands on.

[Shawn Brokos]

Instead of buying the usual crack cocaine, Chemo would ask for heroin.

[Kimo DeShawn McCray]

That was suspicious for Will'cause Will's like, why all of a sudden, do you need this?

[Shawn Brokos]

Sean was listening in and could hear the conversation getting more and more tense. And then Will came out and said it.

[Kimo DeShawn McCray]

I know you're a snitch. Will really gave him hell and thought he was a snitch, and he wasn't wrong.

[Shawn Brokos]

Sean started to panic, and we're listening.

[Kimo DeShawn McCray]

To it thinking, oh, my gosh, what are we going to do? I mean, I remember a couple times looking at some of my co workers saying, should we go in? Should we go in?

[Shawn Brokos]

Sean and her team sat waiting for those four words from Keemo, the signal to storm in. This is fucked up. But it never came. Keemo managed to talk his way out of it. When Will pressed him, that's where his.

[Kimo DeShawn McCray]

Personality really played well, because he was so likable and gregarious. He could tap dance. He could do that tap dance where a lot of people, I think, would be really, really nervous. He was known in the street, so I think that helped his credibility.

[Shawn Brokos]

When Shawn got Chemo back in the van, she was finally able to breathe. She knew that if the situation had gone bad, she could have jumped in and protected Keemo. But she was just glad he was safe. After Kimo had made enough buys, Sean had the evidence she needed. She was ready to arrest Will Baskerville. But the plan wasn't to lock him up. He was just another step in her plan, another rung on the ladder. You know the drill. Shawn wanted to flip Will so she could aim her sights even higher. But as she was gearing up for the arrest, she had no idea about the unexpected consequences. Will Baskerville's lawyer was Paul Bergren, criminal attorney. And what she would soon learn is that Paul would do anything to keep his clients out of jail, no matter the cost, no matter who got in the way. Isn't it funny how witnesses disappear? Or how evidence doesn't show up or somebody doesn't testify correctly? That's on the next episode of Criminal Attorney. Follow Criminal Attorney on the Wondery app, Amazon Music, or wherever you get your podcasts. You can binge all episodes early and ad free right now by joining Wondery and the Wondery app or on Apple Podcasts. Before you go, tell us about yourself by completing a short [e-mail] Survey from Wondery this is episode one of six of Criminal Attorney. Criminal Attorney is hosted by me, Brandon Jenks Jenkins. This series is reported and written by Matthew Nelson. Senior producers are Chris Siegel and Stephanie Wachneen. Senior story editor is Rachel B. Doyle Associate producer is Malachi Wade Consulting producer is David Fox with additional writing from Neil Drumming fact checking by Annika Robbins sound design and mixing by Jeff Schmidt Audio assistants by Daniel William Gonzalez Sound supervisor is Marcelino Vialpando Music supervisor is Scott Velasquez. For Freesound Sync. Senior managing producer is Latta Pandya Managing producer is Heather Baloga Development producer is Olivia Weber Executive producer is Matthew Nelson. Executive producers are N'idri Eaton, George Lavender Marshall, Louie and Jen Sargent. For Wondry.