Randy Singer - Fatal Convictions

“Did you split the assets with her?”

“No, Mr. Madison. My wife wanted out of the marriage. She didn’t want the responsibility. She didn’t want me. I granted her that wish by seeking a divorce, and I kept her unfaithfulness quiet.”

Alex shifted gears and spent some time grilling Mahdi about his access to the mosque’s safe. He established that Mahdi was at the mosque nearly every day and could walk into just about any office.

“Did you ever borrow Khalid’s cell phone on the pretense that you needed to make a call because your own phone wasn’t charged?”

“Never.”

Rosenthal had a short-but loud-coughing fit, and Alex glanced at his watch. “Would this be a good time for a break, Your Honor?”

The jurors seemed appreciative, and Rosenthal looked as if he could hardly wait to clear them out so he could rush away for another cigarette.

After the jurors and judge left, Alex sat next to Shannon. “You’ve got him on the run,” Shannon said.

But Fatih Mahdi didn’t look like a man on the run. He was staring at Alex. The look in his eyes promised that this was not over yet.**

*

After the break, Alex turned his attention to the theological disputes between Fatih Mahdi and Khalid Mobassar. Step-by-step, Alex walked the witness through the history of the dispute, highlighting Mahdi’s vocal opposition to the imam’s teachings.

“And then, about six months ago, you abruptly stopped criticizing Mr. Mobassar publicly. Isn’t that correct?”

“I don’t remember the exact day. But yes, there came a time when I ceased my public opposition to your client’s teaching.”

“That’s when you decided to stop him another way-that’s when you decided to set him up for the honor killing of your wife. Isn’t that true?”

“Absolutely false,” Mahdi said. “I didn’t even know about Ja’dah’s conversion to Christianity at that time. I thought she was still committed to the Muslim faith.”

Alex walked in front of Taj Deegan’s table and parked himself at the same spot next to the jury rail that she had occupied earlier.

“You are aware that in Virginia, if you seek a divorce, your wife is entitled to equitable distribution-half of the marital estate?”

“I was not aware of that. I did not seek a divorce from Ja’dah. Instead, I went to my friend, Khalid Mobassar, hoping that he could talk to my wife and restore both her faith and our marriage.”

“How much are you worth, Mr. Mahdi?”

The witness turned crimson. “What does that have to do with anything?”

“Just answer the question,” Alex said.

Mahdi hesitated and looked at Taj Deegan. But Alex knew she wouldn’t object. This line of questioning was absolutely relevant. Mahdi collected himself. “My net worth, including retirement accounts, is approximately $460,000.”

“And you worked your entire life to save that amount; is that correct?”

“I’ve worked very hard. Yes.”

“So you concocted a plan to save half that sum, restore the honor of your family, and put an end to the reforms of Khalid Mobassar, all in one swing of the sword.”

Taj Deegan was on her feet. “That’s not a question; that’s a closing argument. This isn’t Perry Mason.”

“Sustained,” said Rosenthal. “You should know better, Counsel.”

“That’s a lie,” the witness said.

“Mr. Mahdi,” Judge Rosenthal barked, “I sustained the objection. You are not to answer the question.”

“Let me phrase it differently,” said Alex. His strategy was working perfectly. Every objection just drew more attention to the question. “Do you now possess, all by yourself, every penny of the $460,000 that you previously shared with your wife?”

“Yes.”

“Has Khalid Mobassar been discredited as a result of the charges against him?”

“That is not for me to say. That is for this court and jury to decide.”

“And under Sharia law, has the honor of your family been restored as a result of the death of Ja’dah Mahdi?”

The witness leaned forward and glared at Alex. “I would do anything to get my wife back. Your question is an insult to the memory of a woman I loved very much.”

“Is that right?” Alex asked. He walked back to his counsel table, and Shannon handed him a large pile of documents. Alex had been waiting the entire cross-examination for Mahdi to reiterate his love for his wife.

“May I approach the witness, Your Honor?”

Rosenthal nodded. Alex walked to the witness box and handed the documents to Mahdi. “These are transcripts from cell phone calls you had with your wife in the six months prior to her death. Why don’t you point out to me how many times in those calls you told your wife that you loved her.”

Mahdi didn’t even look at the documents. “It was something I told her in person. It was something I showed her by my actions.”

“I guess we’ll let the jury decide,” Alex said.

Alex’s team shared lunch at a nearby Mexican restaurant, and Alex had to use every ounce of restraint to keep it from becoming a premature celebration. Shannon and Ramona had been in court to see Alex’s masterful cross-examination of Fatih Mahdi. As a potential witness, Nara had been sequestered but was now getting the blow-by-blow.

Technically, Nara was still a potential witness and should not have been hearing about Mahdi’s testimony. But Alex wasn’t worried. He had already decided that it wouldn’t be necessary for Nara to take the stand now. Why take unnecessary chances? They had already created reasonable doubt.

So Alex half-smiled as Shannon and Ramona recounted the more interesting parts of Mahdi’s testimony and described the look on his face when Alex had plunked the transcripts of his telephone calls in front of him.

“Let’s not give him a big head,” Ramona said, referring to her grandson. “We’ve still got a long way to go.”

“Yeah, this case is far from over,” Alex said. In truth, he was enjoying the accolades. He was especially pleased that Nara was hearing all this.

After lunch, Alex invited Nara to ride back to the courthouse with him, while Shannon hitched a ride with Ramona. He wanted a few minutes alone with Nara so he could talk to her about not testifying.

“This isn’t about protecting you from Hezbollah,” Alex said. “Even if your safety weren’t a factor, I wouldn’t call you as a witness. Not after Mahdi’s testimony. You don’t take chances when you’re winning.”

Nara had a lot of questions, but she eventually seemed satisfied with Alex’s advice. “Does this mean I can watch the trial now?” she asked.

Alex had already considered this. He expected Taj Deegan to rest her case that same afternoon. He would then give his opening statement, and it would be better now than it would have been at the start of the case. He definitely wanted Nara there to hear it.

“I don’t see why not,” Alex said.

Nara reached over and put a hand on Alex’s forearm. “I’m glad you’re my father’s lawyer.”***

Rosenthal was noted for long lunch breaks, but on Friday he set a record. The lunch recess had begun at 12:30, and the judge didn’t appear on the bench until 2:15. He made no excuses for being late. But then again, he was the judge. Everyone knew that judges were never late.

“Ms. Deegan, your next witness,” Rosenthal said.

“The commonwealth would like to recall Fatih Mahdi.”

Alex felt a stab of anxiety. He liked the way Mahdi’s testimony had ended before lunch. Taj Deegan was up to something.

Mahdi walked into the well of the courtroom with downcast eyes. “Your prior affirmation still applies,” Judge Rosenthal reminded him, “under penalties of perjury.”