Chapter 25

Jack watched from his seat at the table. Farid’s lawyer was standing between him and his client—literally and figuratively.

It was unrealistic to think that a skilled trial lawyer wouldn’t land a single punch on cross-examination. The only question

was how many blows the witness could take and how hard they would land. Jack had come to know Zahra well enough to realize

that she was probably more nervous than she looked—and she looked plenty nervous. Farid’s lawyer seemed poised to take full

advantage.

“Ms. Bazzi, you testified earlier that your sister was held in jail even after other demonstrators were released. Is that

correct?”

“Yes.”

“And Farid told you that he felt ‘responsible’ for the way the police were treating her. Was that your testimony?”

“Farid said he was responsible. Not that he felt responsible.”

Jack had covered that distinction in the prep. He was pleased to see his client sticking to her guns. But Farid’s lawyer only

turned up the heat, speaking sharply.

“I want to get a better understanding of how, exactly, Farid was ‘responsible.’ Isn’t it true, Ms. Bazzi, that you and Farid

had a conversation with Imam Reza after Ava was arrested?”

It was a new detail for Jack. Zahra hadn’t mentioned a conversation with the imam in their prep.

“We may have. I don’t recall specifically.”

The lawyer took a step closer, showing zero tolerance for evasiveness. “Ms. Bazzi, your sister’s arrest was the most important

thing going on in your life at this time, was it not?”

“Yes, I would say so.”

“Farid and you had an important conversation with Imam Reza about your sister’s arrest, and you’re telling us now— under oath —that you have no memory of it?”

“Objection, harassing,” said Jack.

“Overruled. The witness shall answer.”

Zahra hesitated, then capitulated. “The imam came to the apartment. I was there, but the conversation was really between Farid

and Imam Reza.”

“The imam wanted to know if Ava cut her hair short in London before the family returned to Tehran. Correct?”

“Yes, that sounds right.”

“Farid answered the imam’s question truthfully: no, Ava, did not wear her hair short in London. She cut her hair sometime

after the family returned to Tehran.”

Zahra paused before answering, seeming to know that the lawyer was setting a trap. “Yes,” she said, her voice quaking. “I

believe that’s true.”

Beech returned to the lectern and retrieved a document. “Your Honor, several weeks ago, I submitted a request under the Freedom

of Information Act, asking the State Department for a copy of the arrest report for Ava Bazzi. Today I received this certified

copy, together with an English translation.”

Jack smelled a rat. “Judge, if the plan is to question the witness about this document, I object. I’ve never seen it.”

“The timing of the State Department’s response to my request is beyond my control,” said Beech.

Jack held his tongue. The State Department had not been his ally in this proceeding, but accusing the department of dirty

tricks wasn’t going to advance his position in the courtroom or at home.

“Let me see the document,” the judge said.

Beech handed it up. Judge Carlton read it, then laid it aside.

“The certification of authenticity from the State Department seems to be in order,” said the judge. “I won’t prohibit counsel from using the document. Mr. Swyteck, I will consider your objections on a question-by-question basis.”

Beech thanked the judge, handed the witness a copy, and then returned to her place before the witness. “Ms. Bazzi, I direct

your attention to page one of the translated report, paragraph three. Could you please read it aloud for us?”

The report shook in Zahra’s hand as she read. “‘At the time of her arrest, the subject denied that she cut her hair in protest

of the hijab laws. Subject stated that her hair was short because she wore it that way in London with her husband’s permission.’”

“Thank you,” said Beech. “Until just now, when you read it in the police report, you didn’t know that Ava had lied to the

morality police, did you?”

“Objection,” said Jack. “Just because it’s in the report doesn’t mean Ava actually said it.”

“Overruled.”

“I had no idea what Ava told the police.”

“Precisely,” said Beech. “Neither did Farid, did he?”

Jack objected, but the judge directed Zahra to answer “if she knows.”

“I don’t see how Farid would have known about any statement to the police,” said Zahra. “The police gave us no information.”

Farid’s lawyer went for the jugular, her cadence quickening. “When Farid told you that ‘he was responsible’ for the way the

police were treating Ava, he didn’t say that he reported her to the morality police for violation of the hijab laws, did he,

Ms. Bazzi?”

“No, of course not.”

“He didn’t say that he told the police to keep his wife in jail, did he?”

“No.”

“All he did was tell the truth in response to the imam’s questions, correct?”

“I’m not sure I understand.”

“Farid regretted telling the imam the truth because it was the exact opposite of what Ava had told the morality police, which

made things even worse for Ava.”

“I—I don’t know.”

“Your sister Ava was kept in prison after other protesters were released because she lied to the morality police about cutting

her hair. Isn’t that right, Ms. Bazzi?”

“Objection.”

“Overruled.”

Zahra was in obvious distress. “Possibly. Maybe. I don’t know.”

Counsel’s voice grew louder. “Farid’s only ‘responsibility’ for what happened to Ava is that he told the truth to Imam Reza. Isn’t that correct, Ms. Bazzi?”

“Objection!”

“Overruled.”

“I... I don’t know how to answer. I suppose so.”

The line of questioning wasn’t entirely fair, but it was plain to see that Farid’s admission of “responsibility” for Ava’s

trouble with the police was a far cry from what Zahra had described to Jack at the prep sessions in his office. Zahra had

been caught exaggerating, and Farid’s lawyer seemed to smell blood in the water. The pointed questions continued.

“Ms. Bazzi, earlier, when your lawyer was asking you questions, you did your best to answer, didn’t you?”

“Yes, of course.”

“Yet you couldn’t remember a single time when Farid was abusive toward you, could you.”

“My mind is... I’m having trouble focusing.”

“Let’s be honest, Ms. Bazzi. It’s not that you can’t remember. It simply never happened. Isn’t that right?”

“Objection,” said Jack. “Argumentative, harassing.”

The judge sustained the objection, mercifully. Regardless, the record was devoid of any testimony that Farid had ever abused

Zahra, which was contrary to what she had told Jack.

Beech paused, ostensibly to flip through the pages of her legal pad, but also to let the witness stew in uncomfortable silence.

“I’m checking my notes,” she said.

Jack, too, did a mental check. Nerves were to be expected on the witness stand, but the disconnect between Zahra’s testimony and her private conversations with her lawyer was beginning to trouble him.

“Ah, yes, here it is,” said Beech. “Ms. Bazzi, you were quite clear that Farid never abused Yasmin or any other child. True?”

“Not to my knowledge.”

Beech flipped to the next page of her pad. “And when asked about Farid’s abuse of Ava, you said that he ‘berated’ her?”

“Yes.”

“Your testimony was that Farid ‘literally’ used a white glove to check her housecleaning. Now, ‘literally’ is one of those

words that is often misused, so let me ask you this: You don’t mean that Farid was actually wearing a white glove, do you?”

“I—I don’t know if he was or not. My testimony was based on what Ava told me.”

For Jack, it was another unexpected retreat by his client. For Farid’s lawyer, it was manna from heaven.

“To be clear,” said Beech, “you weren’t actually there to see whether Farid was wearing a white glove or not?”

“No.”

“So, when you testified that Farid abused Ava, what you really meant is that Ava told you he abused her.”

“We’re sisters. Of course she told me.”

Counsel’s tone sharpened. “You don’t know if what she told you is true or not, do you?”

“Well, your question implies that Ava would lie.”

“Like the way she lied to the police about cutting her hair?”

“Objection,” said Jack.

“Sustained.”

“Let me ask it this way,” said Beech. “If Farid ever berated or abused Ava, you never actually saw it or heard it firsthand,

did you, Ms. Bazzi?”

Zahra paused, seeming to recognize the importance of her response. “Ava told me it happened many, many times. It went on for

years.”

“My point is, you never actually saw it with your own eyes or heard it with your own ears, did you, Ms. Bazzi?”

“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.”

“ Accused abuser,” 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.