Page 75 of Grave Danger
“Not that I can recall,” she said quietly.
“Not the kind of thing you’re likely to forget, if you’d actually witnessed it, is it?”
“Objection,” said Jack.
“I’ll withdraw the question, Your Honor.”
Beech tapped her notepad with a flick of her finger. She seemed beyond satisfied. “I have no further questions,” she said, and returned to her seat beside her client.
“Mr. Swyteck, do you have redirect examination?” the judge asked.
Redirect was the lawyer’s chance to rehabilitate his own witness and repair some of the damage done on cross. But twice already, Zahra had stated under oath that she could not recall specifics about Farid’s abuse. Her third bite at the apple would likely not be any different, and if she finally did change her testimony, it would only raise further doubts about her credibility. Jack needed a better strategy.
“Your Honor, it’s obvious from today’s testimony that the witness is psychologically and emotionally unable to provide specifics about the abuse she and her sister have suffered. It’s not uncommon for victims of abuse to experience this chilling effect in a public courtroom while on a witness stand just a few feet away from their abuser.”
“Accusedabuser,” said Beech, rising. “And if Mr. Swyteck is about to ask for a do-over, this is not a game of sandlot baseball.”
“Ms. Beech, let’s hear what counsel is proposing. Go on, Mr. Swyteck.”
It was an unorthodox move, but Jack saw no alternative. Either Zahra had lied to him in private about Farid’s abuse, in which case she didn’t deserve to win, or she was too terrified to tell the truth in public, in which case she was currently poised to lose.
“Judge, I would request a recess in this proceeding so that Ms. Bazzi can be evaluated by a forensic psychiatrist.”
“For what purpose?” the judge asked.
“She has suffered several traumatic events. Her sister lost her life in mass arrests that were condemned worldwide as a violation of human rights, and the fact that the petitioner denies the death of Ava Bazzi only adds to that trauma. It is clear that my client sincerely believes her sister was murdered by the Iranian morality police, and she feels threatened by the Iranian regime, a foreign government that is on the State Department’s list of terrorist states. On top of all that, she has suffered emotional abuse by her husband, which she is unable to articulate in a courtroom.”
“Are you claiming that Ms. Bazzi suffers from post-traumatic stress disorder, Mr. Swyteck?”
“I’m asking that a qualified psychiatrist render an expert opinion as to whether she is exhibiting signs of PTSD or other injury that is either causing her to suppress her memories of domestic abuse or making it impossible for her to testify about that abuse in open court.”
Farid’s lawyer could not contain herself. “Judge, this is a Hail Mary by a child abductor who has completely failed to prove any danger of physical or psychological harm to Yasmin if she is returned to her father.”
“Ms. Bazzi does bear the burden of proof on her defense to the abduction,” said the judge. “This is an important case, and I want to give everyone a fair shake.”
“Fairness cuts both ways,” said Beech. “We will need our own expert evaluation. My client has a right to present a rebuttal expert.”
“It’s not my intention to turn this into a battle of the experts,” the judge said. “We will use one independent forensic psychiatrist appointed by the court. That psychiatrist will perform a comprehensive evaluation of Ms. Bazzi. Both sides will have the opportunity to cross-examine the expert after the report is issued. Any questions?”
“How long will this process take?” asked Jack.
“I will let the psychiatrist set a reasonable timetable based on professional needs. But obviously time is of the essence. Anything else?” the judge asked.
Jack glanced across the courtroom at his client, who was still on the witness stand. She seemed to understand they were in a difficult spot and that Jack was looking for any way possible to keep her case alive.
“Nothing more from the respondent, Your Honor,” said Jack.
“Nothing,” said Beech.
“We are adjourned,” said the judge, ending the day with a crack of his gavel.
Chapter 26
Zahra went straight from the courthouse to the mosque for Jumu’ah.
Friday is not technically the Muslim sabbath, so Zahra was not prohibited from appearing in court, but it is the holiest day of the week in the Islamic tradition, believed to be filled with blessings and mercy for all. Zahra’s favorite hadith as a schoolgirl was “The best day on which the sun rises is Friday.” Her father would from time to time remind her that “the Prophet, peace be upon him, has noted that the day of judgment will occur on Friday.” The irony was not lost on her that she’d never felt more judged in her life, and it was indeed a Friday.
Pickup time at Yasmin’s elementary school was 3:30 p.m. Zahra arrived at 3:00, parked in the visitor lot, and walked to the public playground across the street. She had an appointment. Theo Knight was waiting at the picnic table next to the monkey bars.