Page 26 of Grave Danger
Chapter 9
At 9:00 a.m., Jack and his client were in Judge Carlton’s courtroom, as ready as they could be for the promised witness: the presiding imam from Zahra and Farid’s wedding ceremony.
The courtroom was packed, and the scene outside the courthouse had confirmed exactly what Zahra told Jack about activists using Ava as a launching pad for broad opposition to the Iranian regime. A few demonstrators held signs asking,where is ava bazzi?But there were many others.free niloufar hamedi,referring to the woman journalist who was sentenced to six years in prison for writing about the funeral of a hijab protester.remember armita gervand, fora teenage girl beaten to death by the morality police on the subway for not wearing a head covering.death to the dictator.The crowds were not just for Ava. Nor was the media coverage. Inside the courtroom, more than a dozen journalists filled the first two rows of public seating. Behind them sat many of the same demonstrators Jack had seen outside the courthouse, their voices silenced not by the Iranian regime they denounced but by courtroom etiquette. A large LCD screen was off to one side, positioned so that the judge, lawyers, and spectators had a clear view of the witness’s virtual appearance. The screen was black.
Farid’s counsel rose. “Your Honor, I have some unfortunate news,” said Beech. “We’ve just been informed that the witness is unavailable at this time.”
“When will he be available?”
“We’re not sure.”
“What’s the reason for his sudden unavailability?”
“I don’t have that information.”
The judge was openly annoyed. “Ms. Beech, your client is the petitioner in this proceeding. Leading off with the imam wasyouridea, so you have a binary choice to make. Call your first witness, whoever that may be. Or dismiss your case.”
“Your Honor, we have a replacement witness who is available to testify via videoconference.”
Jack smelled a rat. “Your Honor, Ms. Beech is trying to pull the courtroom equivalent of a bait and switch. We scrambled on short notice to prepare for the testimony of the imam, and now the petitioner wants to call a surprise witness.”
“It appears that my esteemed opposing counsel hasn’t handled many Hague proceedings.” Beech’s tone was condescending. “Surprise witnesses are the norm. They appear live in court, by videoconference, by telephone, by videotaped deposition, by written affidavits, by handwritten letters to the judge, and in every other conceivable manner.”
Jack was reminded of his earliest court appearances, right out of law school, when prosecutors seemed to think there was some tactical advantage to calling him out as a newbie to death penalty cases. It always backfired.
“Judge, I fully understand that this is not a trial governed by the federal rules. But unless Ms. Beech is representing herself as having learned of the imam’s unavailability literally fifteen seconds ago, the simple courtesy of a heads-up would have been nice.”
“Let’s move on,” said the judge. “Mr. Swyteck, make whatever objections you deem necessary. Ms. Beech, call your witness.”
“The petitioner calls Sasan Sherif, MD.”
Jack checked with his client, but she had no idea who Sherif was.
An English/Farsi translator took a seat in the witness stand. The screen flickered, and the image of the witness appeared. The blurred background gave no clue as to Dr. Sherif’s actual location, but he was wearing a white doctor’s coat, which led Jack to guess either a hospital or other medical facility. His hair was jet-black, but his beard was a more natural-looking salt-and-pepper mix. The oath was through the translator, as were the questions and answers, beginning with his occupation, which explained the white coat.
“I am the head medical examiner for Tehran Province, which includes the city of Tehran.”
“How long have you held that position?”
“Five years, approximately.”
The witness described his duties, which were like those of any medical examiner in a major metropolis.
“Dr. Sherif,” said Beech, “under what circumstances does the medical examiner’s office receive a body for examination?”
“When unnatural or suspicious circumstances surround the cause of death, or if the deceased is the victim of a crime or accident.”
“Do your duties as medical examiner include the issuance of death certificates?”
“Yes.”
“Has your office ever issued a certificate of death for Ava Bazzi, whose next of kin include a husband, Mr. Farid Bazzi, and a daughter, Yasmin Bazzi?”
Jack jumped to his feet. Farid and his counsel had apparently moved past their initial strategy of proving that Zahra had no rights under the Hague Convention because her marriage to Farid was a fraud. The separate question of whether Ava was alive or dead was irrelevant to the fraud argument. For whatever reason, Farid’s new witness would utter in a court of law the very same position the Iranian government had asserted in the court of public opinion: that Ava Bazzi was still alive.
“Objection, Your Honor. Ava Bazzi has nothing to do with this proceeding.”
“Judge, the relevance will become quickly apparent,” said Beech.