Chapter 20

Jack approached the witness, shrouded in courtroom silence.

“This court reminds the witness that he is under oath,” said Judge Carlton. “Mr. Swyteck, proceed.”

As a young lawyer, Jack had learned the hard way that the key to effective cross-examination was to control the witness, and

the key to control was a full command of the facts. That morning, as he stared down Farid, Jack had only his client’s version

of the facts. As Farid stared back, sizing up the lawyer, he seemed to know Jack’s limitations. With only one side of the

story, Jack wasn’t playing a game of control. It was more like a game of blackjack—a dealer’s game, but the wrong card might

still turn up.

“Mr. Bazzi, I want to ask a few questions about my client’s adoption of your daughter, Yasmin.”

Opposing counsel was quickly on her feet. “Objection, Your Honor. Without Ava Bazzi’s consent, there was no adoption. Which

is why this is an open-and-shut case.”

“Overruled. Ms. Beech, knock off the speaking objections, please.”

Jack continued. “Let me follow up on your lawyer’s point, Mr. Bazzi. Your position is that Ava Bazzi’s consent was required

because she is still alive, correct?”

“Well, she couldn’t very well give consent if she was dead, could she, Mr. Swyteck?”

A few snickers from the audience only added to Farid’s smugness.

“More to the point,” said Jack, “the adoption is valid if Ava is dead, correct?”

“Objection.”

The judge groaned. “Ms. Beech, I’m fairly certain you’ve conceded that point. The respondent has parental rights and her abduction of the child is defensible under the Hague Convention if the biological mother was deceased at the time of the adoption.”

“Yes, Judge,” she said, settling back into her seat.

Jack continued. “Sir, you haven’t seen Ava Bazzi since she was arrested by Tehran’s morality police, am I right?”

“No, I haven’t.”

“You’ve had no communication with her since her arrest. Right?”

“That’s right.”

“The only basis for your belief that Ava Bazzi is still alive is that the Iranian government told you so. Isn’t that right,

sir?”

“Objection. Judge, the medical examiner testified that Ava Bazzi’s body was never shipped to the morgue, and there is no death

certificate.”

“The witness can answer,” the judge said.

Farid looked at Jack. “That’s what the Iranian officials told me, yes—that Ava is alive.”

“Now, here’s where I get confused,” said Jack. “In response to Ms. Beech’s questions yesterday, you said you would describe

your marriage to Ava as a happy one. Especially when you lived in London.”

“That’s right.”

“And when Ms. Beech asked if you loved Ava, you said...” Jack checked his notes, then read aloud. “‘With all my heart.’”

“Yes.”

“Sadly, the woman you loved with all your heart was arrested and taken to jail.”

“Yes.”

“And the Iranian government told you she was still alive.”

“Yes.”

“I listened very carefully yesterday.” Jack took a step closer, his eyes narrowing. “I didn’t hear you say a single thing

you did to try and find her—this woman you loved with all your heart and who is still alive.”

Farid was silent.

“You didn’t look for your wife, did you, Mr. Bazzi?”

The question clearly made him uncomfortable. “Well—she was unfaithful.”

“No, hold on right there,” said Jack. “You made it very clear yesterday that the first time you heard about the alleged affair

was when you found out Mr. Asmoun was going to testify in this proceeding. Isn’t that right, sir?”

He swallowed the lump in his throat. “That’s right.”

“So, let me ask you this: Were you lying when you said you loved Ava with all your heart? Or were you and the Iranian government

lying when you said she’s still alive?”

“Objection. Argumentative.”

“Sustained.”

Jack paused. His point had been made, and it probably wasn’t necessary to twist the knife. But something inside was propelling

him forward. It wasn’t just his gut telling him that he could get more from this witness. It was his sense that Farid was

more than willing to give it to him.

“Mr. Bazzi, you don’t believe Ava Bazzi is still alive, do you?”

The question, so direct, seemed to catch the witness off guard. And his lawyer.

“Objection,” said Beech.

“Grounds?” the judge asked.

“Umm... Calls for an opinion.”

“Mr. Bazzi’s opinion is pertinent,” said Jack.

“Overruled,” the judge said. “The witness shall answer.”

Farid sat up straight, refocusing. He seemed more flustered than confused. “I’m sorry, what was the question?” he asked.

Jack put the question again, even more firmly. “You don’t believe that Ava Bazzi is alive. Do you, sir?”

Long silence. Jack waited. The judge waited. Jack imagined that the State Department and the Iranian government were waiting

too. The judge peered out over the top of his spectacles.

“Mr. Bazzi, did you hear the question?”

“I’m... having trouble with it.”

The judge’s gaze landed on Jack. “Mr. Swyteck, one more time.”

Jack took a half step closer. Control.

“Mr. Bazzi,” he said, his voice a little louder than before. “The story that Ava Bazzi is alive: You don’t believe it, do you?”

Farid’s dark eyes glowed like embers. But if there was anger in his glare, it didn’t seem to be directed at Jack. At least

not only at Jack. He lowered his head.

“I don’t know what to believe anymore,” he said, his voice weak.

It was a bigger score than Jack could have hoped for. The argument that Ava was alive and Zahra had no parental rights was

Farid’s silver bullet. And the bullet was a blank. The judge would have no choice but to let Zahra put on all her evidence.

To explain why she abducted Yasmin.

“Your Honor, may I have thirty seconds to confer with my client?” Jack asked.

“You may.”

Jack went to the table and took a seat beside Zahra, speaking softly. “I’m going to leave it right there.”

“But what about all the things I told you last night?”

“Zahra, I could spend the next hour leveling accusations of abuse. Farid will only deny them. Worse, his denials could come

across as credible.”

“Credible? How can you say that?”

Twice Jack had been warned by his best friend. Confronted by Theo at his badass scariest, Farid had denied all accusations

of abuse. And Theo’s takeaway? I’m not sure he’s lying.

“Trust me on this, Zahra. It’s better to put you on the witness stand and let you make the accusations. If I put it to Farid

now, we’re just giving his lawyer a preview of what’s coming, and she’ll have all weekend to prepare her cross-examination.”

Zahra didn’t seem persuaded, but she didn’t push back. “Fine.”

Jack rose and rebuttoned his suit coat. “No further questions, Your Honor.”

“Very well,” the judge said. “Ms. Beech, do you have any additional witnesses?”

“No, Your Honor. The petitioner rests his case. At this time, I would ask the court to enter judgment in favor of Mr. Bazzi as a matter of law. We have proven that Zahra Bazzi’s marriage to Mr. Bazzi was a fraud, and that the alleged adoption of his daughter Yasmin was without Ava Bazzi’s consent. As such, the respondent has no rights under the Hague Convention, and any defense she may have to the abduction of Mr. Bazzi’s daughter is irrelevant.”

“Judge, if I may respond,” said Jack.

“No need, Mr. Swyteck. The petitioner’s motion is denied.”

The ruling wasn’t totally unexpected, but it still came as a relief to Jack.

The judge continued. “I have an emergency hearing in a criminal matter that I must deal with today. This proceeding will therefore

adjourn early today and resume Monday at nine a.m. Mr. Swyteck, as I understand it, your client is asserting a defense to

the abduction under Article Thirteen of the Hague Convention.”

“Yes, Your Honor. We intend to prove that the court’s return of Yasmin to Farid Bazzi would put her in grave danger of physical

and psychological harm.”

“I’ll set aside three days for your presentation. Be prepared to call your first witness on Monday morning. We are adjourned,”

the judge said, ending it with the bang of his gavel.