Fatal Convictions

48

Khalid and Nara came to the office on Friday morning so that everybody could ride together to the preliminary hearing. Alex hadn’t slept much the night before. Even Nara, dressed conservatively in a blue skirt and white blouse, looked tired. Khalid wore a gray business suit that looked out of place on a man with a long, straggly beard and short black hair befitting a Muslim cleric.

Alex reminded Khalid and his daughter not to expect a strenuous defense at this stage. The prelim was a chance to discover the government’s case, nothing more. Alex could tell by Nara’s pursed lips and body language that she didn’t like the plan. To her credit, she didn’t object. Shannon, who would be handling the majority of witnesses, looked especially tired and stressed.

Only Khalid Mobassar seemed relaxed, under control, and preternaturally calm.***

Alex knew that Judge McElroy had received so much flak for allowing Khalid Mobassar out on bond that he would bend over backward to look tough at the preliminary hearing. Alex therefore wasn’t surprised when McElroy gaveled the proceedings to order and proceeded to lecture the entire courtroom about proper decorum, promising to throw any violators in jail. The tension in the hall was off the charts.

After his lecture, McElroy turned to Taj Deegan. “Call your first witness.”

As Taj stood and announced that Dr. Marnya Davidson would be her first witness, Alex thought about why Taj was the perfect prosecutor for this case. She was a minority and would be less vulnerable to the claim of racial profiling. A woman, she could bring a fair amount of righteous indignation on behalf of the victims. She was totally unpretentious-even today she had dressed in a loose-fitting cotton dress with a gray vest-just the right balance of professionalism and common touch. Her voice was deep and melodic. She had a reputation for being as tough as nails.

Her first witness was equally battle tested. Dr. Marnya Davidson was a crusty old medical examiner from Virginia Beach who had testified in more than a thousand cases. She was legendary for her gruesome and colorful descriptions of corpses. When defense attorneys tried to cross-examine her, she turned on the sarcasm and gave them an incredulous look over the top of her wire-rimmed glasses. Before long, her dry wit would have the jury snickering at the lawyers.

Under questioning from Taj Deegan, the medical examiner provided all the gory details about the beheading of Ja’dah Mahdi and the asphyxiation of Martin Burns. She described the severing of the various arteries in Ja’dah’s neck and the amount of blood that would have gushed out “like water from a garden hose.” Based on the weight of the lungs and the fluid buildup, she also described the slow pain Burns would have endured as he struggled for breath over an extended period of time. When Davidson finished, Alex had no questions.

Deegan’s next witness was a man named Christopher Long, an FBI special agent who worked in the terrorist surveillance unit. He had a buttoned-down appearance accentuated by black plastic glasses and a solid jaw that made him look determined. He could have passed for Clark Kent. Long gave an overview of the Patriot Act surveillance program, including the software used to filter calls and text messages and to flag calls of special concern. Because of manpower shortages, the FBI and DOJ couldn’t review every call, only those from certain individuals or those calls that contained notable keywords or phrases. At the time of the murder of Ja’dah Mahdi, the word honor was not a phrase that triggered follow-up. That had recently changed.

Though none of Mr. Mobassar’s calls or texts had been flagged at the time, the software archived each call and text so it could be accessed later. Agent Long testified that he had personally reviewed every phone call and text message sent or received by Khalid Mobassar in the month prior to the deaths of Ja’dah Mahdi and Martin Burns.

At this point, Alex lodged an objection to any evidence garnered from phone taps under the Patriot Act. “We believe the Patriot Act, as applied to Mr. Mobassar, is an unconstitutional violation of the Fourth and Fourteenth Amendments,” Alex explained. “If the charges against my client are certified today, we’ll be filing a motion to suppress.”

McElroy nodded his head and overruled the objection. He knew that Alex was just preserving the record. The motion to suppress would be taken up by a circuit court judge.

After laying the proper foundation, Taj Deegan introduced the text messages into evidence. She then had Agent Long read them out loud.

“‘Ja’dah Fatima Mahdi has converted to the Christian faith. She has defiled herself by consorting with an American man, disgraced her family, and dishonored Allah. She must be given only one opportunity to repent and return to the faith. If she refuses, the honor of her family must be restored.’”

The second message, Long explained, had an attached photograph of Ja’dah Mahdi and Martin Burns. “The text itself reads: ‘If you attend Beach Bible Church on Saturday night, you will find her there. May Allah guide you.’”

“What were the dates and times of the text messages?” Deegan asked.

“The first was received at 2:03 p.m. on Wednesday, June 2,” Long replied. “The second message came approximately two minutes later.”

“Dr. Davidson determined that the death of Ja’dah Mahdi occurred on Saturday night, June 12, at approximately 10 p.m.,” Deegan said. “Were there any text messages received by Mr. Mobassar’s phone shortly after that time?”

“Yes. There was a one-word message from another cell phone sent approximately two and a half hours after the death of Ja’dah Mahdi.”

“And what did that message say?”

“‘Finished.’”