Peter May - Snakehead

The court was sitting, Margaret knew, on a constitutional knife edge. The media would not normally be interested in the proceedings of an immigration court in Huntsville but would have rights of access if they so desired. She was certain that it would not be long before some local newshound would figure out that there was something a little out of the ordinary going on up at the college and put in an appearance. She had no idea how the authorities would deal with that. She was just glad that it was not her responsibility.

A procession of pathetic figures in white prison uniform was brought before the judge by a burly sergeant wearing a face mask and gloves. Virtually none of them spoke English, and Judge McKinley had to resort to using the interpreter, a process with which he was clearly quite familiar. They all faced the same questions. Name. Nationality. Did they understand the charge against them? Why should the court not deport them back to China? Would they like time to prepare a defence and seek representation? Case continued for seven days. Each took five minutes or less to process.

They were about seven or eight cases in when Margaret turned to see Agent Fuller entering the court. He made his way quietly down the steps and sat several rows from the front, watching the proceedings impassively.

It was nearly an hour before Xiao Ling was brought in. Margaret guessed her case was imminent when Agent Hrycyk wandered into the back of the court, gave her a wink, and sauntered past Fuller, down to the front where he took a seat on the public benches behind the INS lawyer. He was pale-faced and puffy-eyed, and looked as if he had had about as much sleep as Margaret. A few moments later, Mendez slipped into the back of the courtroom. He saw Margaret and waved a slip of paper at her, smiling, before taking an aisle seat.

Li followed Xiao Ling into the back of the court and sat beside Margaret. She was aware of the Chinese consular official looking curiously along the row in their direction. But Li kept his eyes facing front. If he had to give evidence, Margaret thought, it might not be too long before he was appearing before an immigration court himself asking for political asylum.

They watched as Xiao Ling was led to the table at the front and told to sit. Stern rose to his feet. ‘If it please Your Honour, my name is Daniel Stern, attorney at law in the state of Texas, and I’m appearing for the accused.’

The judge scratched his chin thoughtfully. ‘Thank you, Mr. Stern, how does your client respond to the charges?’

‘Judge, my client intends to claim political asylum on the grounds of persecution in her native China under that government’s one-child policy. I don’t know if you are familiar—’

Judge McKinley cut him off. ‘I know all about the one-child policy, Mr. Stern,’ he said sharply.

‘Of course, your honour. Then I would like to apply for bail for my client in order to give us time to prepare a case.’

The INS lawyer was on her feet immediately. ‘We object, Your Honour. Given the special circumstances surrounding all the accused in these cases, we think it would be unsafe for the court to grant bail in any of them.’

The judge said, ‘Thank you, Miss Carter.’ He looked at Stern. ‘Mr. Stern?’

‘Judge, taking account of these…special circumstances…’ he put particular emphasis on the words, and smiled across at the INS bench, ‘…I’m proposing that the court attach special conditions to the terms of the bail granted to Miss Xiao Ling.’ He pronounced her name, ‘Shaolin’. ‘We have in court today the brother of the accused.’

Margaret was aware of Li shifting uncomfortably, and she saw Hrycyk glaring back at them from the front of the court.

Stern went on, ‘Mr. Li Yan is a senior law enforcement officer with the Chinese police and a special criminal justice liaison here in the United States, based at the Chinese Embassy in Washington. If the court is prepared to release the accused into his protective custody, then he will guarantee her reappearance in this court on the date your honour fixes for the hearing.’

Miss Carter was on her feet again. ‘If it please your honour, we don’t believe that this meets the special needs of the case, and that Miss Xiao Ling, along with all the other accused here today, should be held in quarantined custody until such time as the court determines a proper resolution.’

‘Judge, I hadn’t finished,’ Stern said.

The judge nodded. ‘Go ahead, Mr. Stern.’

‘Your honour, we also have in court today two senior members of the federal task force assembled to deal with the special circumstances alluded to. That is Dr. Margaret Campbell, Chief Medical Examiner of Harris County, and Felipe Mendez, emeritus professor of genetics at Baylor College of Medicine. They are prepared to approve a diet for Miss Xiao Ling that will guarantee her status as a noninfectious person during the period of her bail.’

‘Objection, your honour. We don’t believe that anyone can make that guarantee.’

Judge McKinley sighed, as if he were starting to lose interest. ‘Mr. Stern? Do you have this list?’

Stern looked to the back of the court and received a nod from Mendez. ‘We do, Your Honour.’

‘Let me see it.’ The judge held out his hand.

Mendez rose and made his way to the bench. Xiao Ling watched the proceedings from her table, bewildered in spite of a running commentary provided by the court translator. Stern said, ‘Your honour, this is Professor Mendez.’ Mendez handed the list to the court officer who stood up and handed it up to the judge.

The judge considered it for a very long couple of minutes. Then he looked down at Mendez. ‘This looks like a menu from a Chinese take-away, Professor,’ he said, to a sprinkling of laughter from around the court. ‘Making me damned hungry, too.’ He looked at his watch. ‘And we’re still a couple of hours away from lunch.’ More laughter. Then his smile quickly faded and he asked sharply, ‘Professor, how can you guarantee this diet is safe?’

Mendez said, ‘Your Honour, the list of foods you have there has been prepared overnight by the Department of Health after extensive interviews with the prisoners appearing before you today. All these foods have been safely consumed without activating the flu virus. They form the basis of the diet to which all the prisoners will be subject, both for their own safety and for the safety of the officers in whose custody they will be placed.’

Hrycyk leaned forward to whisper urgently in Miss Carter’s ear. She stood up quickly. ‘Judge, is the professor really saying he can guarantee that this diet is safe?’

McKinley looked at Mendez. ‘Well, professor? Are you?’

Mendez smiled easily. ‘I’d stake my reputation on it, your honour.’

McKinley raised an eyebrow and looked at Miss Carter. ‘Miss Carter?’

She glanced at Hrycyk, who was tight-lipped with anger. But all he could do was give a frustrated little shrug. She turned back to Judge McKinley. ‘Ummm…’

The judge said, ‘Miss Carter, if all you’re prepared to do is issue Buddhist chants, then I’m afraid I’m going to have to grant Mr. Stern his request.’ He glanced at his diary. ‘I’ll set the hearing for one week from today. Meantime, Miss Xiao Ling is released into the custody of her brother.’

Miss Carter said quickly, ‘Your honour, if you would be prepared to grant a recess in this case, that would give me time to prepare a proper rebuttal.’

McKinley swung an irritated look in her direction. ‘Miss Carter, you can rebut all you like at the hearing next week. I’ve made my decision.’ He banged his wooden hammer on its gavel. ‘Next!’

Li and Xiao Ling embraced in the entrance lobby outside the Hazel B. Kerper Courtroom. Her face was wet with tears. She was confused and emotional, but aware that somehow the court had released her into the custody of her brother. The sergeant took her gently by the arm and told them that she’d have to go back to the Holliday Unit first to change and pick up her things. He figured she’d be ready in about an hour. Stern had made a hasty departure, saying he had a case in Houston that afternoon, and that he would be in touch about preparing a brief for the hearing next week.