Robert Sawyer - Illegal Alien

“Do you understand these rights?” said Perez for a third time.

“I— I believe so,” said Hask. His tuft was waving back and forth in agitation.

Frank held out an impatient hand. “Show me the arrest warrant, Lieutenant.”

“Hask?” said Perez.

“For Pete’s sake, Lieutenant, he may speak English, but he can’t read it. Give me the warrant.”

Perez reached into his jacket and handed the papers to Frank. Frank had never seen an arrest warrant before, but there was nothing obviously wrong with it. It said:

The undersigned is informed and believes that:

On or about December 22 of this year, in the county of Los Angeles, the crime of murder, in violation of Penal Code Section 187 (a), a felony, was committed by Hask, a member of the Tosok species, who did willfully, unlawfully, and with malice aforethought murder Cletus Robert Calhoun, a human being.

Notice: The above offense is a serious felony within the meaning of Penal Code Section 1192.7 (c) (1).

It is further alleged that in the commission and attempted commission of the above offense, the said defendant, Hask, personally used a deadly and dangerous weapon, to wit, a knife or other extremely sharp instrument or tool, said use not being an element of above offense, within the meaning of Penal Code Section 12022 (b) and also causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7 (c) (23).

Jesus Perez (LAPD Robbery-Homicide detective)

Declarant and Complainant

“Satisfied?” said Perez.

“Jesus,” said Frank.

“It’s Hay-soos .”

“I wasn’t talking to you. You can’t possibly be serious about this.”

“I am.” The lieutenant turned to Hask. “Do you know what an attorney is?”

Hask was still holding the two broken halves of the disk; they seemed to be painted on one side—it was a decoration of some sort. “An advo-cate,” said Hask slowly, “or someone who acts upon one’s behalf.”

“And do you know what I meant when I said you had the right to remain silent?”

“You meant you could not compel me to speak.”

“Correct. Do you know what I meant when I said that if you do speak, the words may be used against you?”

“No.”

“ ‘Used against you.’ Recorded, and presented as evidence.”

“Oh. Yes, I understand that.”

“If you make statements, they will be taken down in writing. If what you say can be used to prove your guilt, it will be so used.”

“I understand.”

“Do you have an attorney?”

Hask looked past Frank to Kelkad. “No.”

“Of course he doesn’t have an attorney!” said Frank. “He doesn’t have an accountant, or a dentist, or a personal trainer, either.”

Perez turned to the alien captain. “Are you or any of your colleagues qualified to serve as an attorney?”

“No,” said Kelkad. “We do not have a system of laws comparable to yours. Oh, there are intercessors who will entreat God on one’s behalf, and mediators for civil disputes. But we have nothing like your ‘criminal-justice’ system—indeed, I am not even sure I fully understand that term.”

Perez turned back to Hask. “Hask, do you desire an attorney?”

“I am not—”

“Say yes, Hask,” said Frank sharply. “Say yes.”

Perez shot Frank a look, but Hask said, “Yes.”

“All right, then. Come with me,” said Perez.

“Suppose I choose not to?” asked Hask.

Perez indicated the four uniformed men. “These gentlemen are armed—do you understand that expression? They carry weapons capable of killing. If you don’t come, they will be forced—”

“Oh, for Christ’s sake, Lieutenant,” said Frank. “You’re not going to open fire!” He turned to Hask. “There’s probably no way they can compel you to go with them.” He swung on Perez. “Diplomatic immunity. Lieutenant.”

Perez’s gaze was unblinking. “What immunity, Doctor? There are no treaties between the United States and the Tosok government.”

“But—”

“This is a completely righteous collar.”

“How are you going to make him go?” asked Frank. “You can’t shoot him.”

Perez turned to Hask. “Hask, Dr. Nobilio is right. We won’t use physical force to take you into custody. But I do have the power to prevent the materials needed to repair your mothership from being delivered. And I have the authority to order you to accompany me. Will you do so?”

Kelkad finally spoke. “My subordinate denies killing Clete.”

Perez did a little half bow. “I mean no disrespect, sir, but that’s not an unusual response in circumstances such as these.”

Kelkad’s natural voice rose as it always did, but his translated voice was absolutely even. “I vouch for my crew member.”

“You will have an opportunity to do that in the appropriate venue at the appropriate time.”

“But—”

“I will go,” said Hask. “We need their help; cooperation is appropriate.”

“You better know what the hell you’re doing, Lieutenant,” said Frank. “You better know exactly what you’re doing.”

“Thank you, Doctor. Now, unless you’re aiding this being in resisting arrest—”

“Don’t push it, Perez.”

“And don’t push me, Doctor. A man is dead. You’re the one who is in over his depth.” He turned again to Hask. “Come with me.”

Hask began to move.

“Don’t worry,” said Perez. “We’ll get you a lawyer.”

“A legal-aid lawyer?” said Frank. “Jesus Christ, talk about being in over one’s depth! Hask, don’t say a word to anyone. Do you hear me? Not a word until we get a lawyer for you.”

Frank immediately returned to his room and began making calls on his cellular, talking to a dozen different people in Washington. Two hours later the first phone call he’d made was returned. He put the phone to his now stubble-covered cheek. “Nobilio,” he said.

“Dr. Nobilio, please hold for Olympus.”

Frank waited through about a minute of static, then the familiar voice came on. “Frank?”

“Hello, Mr. President.”

“Frank, we’ve got a problem here, don’t we?”

“Yes, sir. I’m afraid we do.”

“The phones here have been ringing off the hook, ever since CNN reported the arrest. There’s not a single country on Earth that’s happy about California wanting to try one of the aliens.”

“I can imagine, sir,” said Frank. “I’m not a lawyer, but does California even have jurisdiction?”

“Murder is only a federal issue if it’s committed on federal lands, against federal officials, or if a fugitive crosses state lines,” said the president, himself a lawyer. “None of those conditions pertain here.” He sighed. “Several ambassadors have asked why we just didn’t sweep this whole Calhoun mess under the rug, and—”

“No, sir.”

“Pardon, Frank?”

“No— look, sir, Clete was my friend. He—” Frank paused, surprised to hear his own voice crack. “He was a good man, sir, and a good friend. I— I can understand the international feeling that maybe we’re going too far in prosecuting an extraterrestrial, but we should not forget Calhoun. Not ever, sir.”

“I know,” said the president gently. “And, as my aides have tried to explain to the foreign ambassadors, we’ve got a strict separation between the executive and legislative branch. I can’t be seen to be interfering with a court case, but…”

“Yes, sir?”

“Well, it’s not that long until Super Tuesday. The vice-president had already agreed to appear on Primetime Live tonight before this broke; Sam Donaldson is sure to skewer him. Everybody seems to be asking why Washington didn’t prevent this mess in the first place.”