“That’s all, Doctor, thank you,” Billycan said, walking back to his table. “Your Honour, I’d like to reserve the right to recall this witness later in the proceedings.”
“So noted, Mr. Billycan. Mr. Simmons, your witness.”
“Thank you, Your Honour,” Simmons replied, rising from the defence table and buttoning his suit jacket. “Good afternoon, Dr Adelman.” He, too, smiled affably to the witness. “Since my colleague has already covered some grounds with his examination, I don’t intend to take much of your time.” Adelman nodded. “So, let’s go back to the last answer you gave to Mr. Billycan; you said that the gunshot wound was the primary cause of death—could you explain to the court what you meant by that comment?”
“Yes. I meant that the victim died from the gunshot wound, but could have died from the injuries I described, which he sustained during the accident. Since the victim didn’t die as a result of these injuries, the primary cause of death is therefore the gunshot wound.”
“So, you are saying, and correct me if I am wrong, that the victim could have died from the injuries he sustained during the accident, if he had not been shot—is that what we are to conclude from your testimony, Doctor?”
“Yes, that’s right.”
“But, when you said the victim could have died as a result of these injuries, did you imply there was a possibility he could have survived such injuries?”
“Yes, that was a possibility, in my opinion, but…”
“That’s all, Doctor. Thank you for answering my questions.” He turned and smiled at Billycan.
He’s playing right into my hands, the US Attorney thought, returning the smile.
Simmons reverted to the witness. “All right, Doctor, just a couple more questions... When were you called to the scene of the accident?”
“It was rush-hour—about 6:00PM.”
“And you testified the victim died instantaneously, is that correct?”
“Yes, sir, Mr. Assor was already dead when I arrived on the scene.”
“Did you notice anything peculiar about the position of the body?”
“Nothing peculiar, no. He was slumped over the steering wheel, his head resting on it.”
“Was the vehicle a modern car…?”
Billycan literally jumped off his seat. “Objection! This witness is not an expert in this field... Move to strike.”
“Sustained,” Silverman exclaimed, banging his gavel. He was not happy. A menacing face to the defence lawyer, he pronounced his next sentence as if speaking to an inane individual. “Mr. Simmons, this witness cannot answer questions which are not part of his field of expertise.” Then more rapidly, “And please don’t try this little stunt on me again, Mr. Simmons—I’ll have your hide if you do.” His eyes travelled to the bewildered jurors. They seemed to have woken up from a peaceful tedium-filled trance. “The jury is instructed to disregard the question—it will be stricken from the record.” He then peered down at the deflated attorney, frowning. “As I said before, Mr. Simmons, this has been a long day for everyone, so let’s be brief, shall we?”
“Yes, Your Honour. I have no more questions for this witness at this time.”
“Very well then.” Silverman turned his head to the M.E. “You may step down, Dr Adelman—that’s all for today, thank you. But please remain available to the court...”
“Yes, thank you, Your Honour.”
When the doctor left the courtroom, Judge Silverman adjourned the proceedings to the next day at 9:00AM.
His Honour had been right when he had said that it had been a long day already. The morning had been dedicated to the opening statements, which, for the Prosecution, had been delivered most aptly by Marcel Fauchet.
Marcel had described the accident and shooting of Ishmael Assor (a.k.a. Ben Slimane) that had resulted in the man’s death in Flint, Michigan. He had given a detailed description of the events that had led to the victim’s death, and then moved on to the description of the attempted murder of Ms. Talya Kartz and the events that had preceded that particular shooting. Marcel then had attracted the jury’s attention to the fact that both victims were of Jewish descent and religious persuasion and that the accused was known to be of Islamic faith and a practicing Muslim. He had concluded his statement by pointing out that, although an Israeli government agent by the name of Samuel Meshullam had carried out the shooting of the two victims, no less than three United States national and international government agencies had purportedly been involved in these crimes. The two felonies had allegedly been elaborated, designed and subsequently ordered by the accused, with complete disregard for the consequences of his actions or assumption of his responsibilities as a CIA agent.
At the end of Marcel’s delivery, Billycan had observed the jury’s reaction during the hour it took him to make his opening statement and had found that all seven men and five women jurors had been quite taken by Marcel’s various descriptions of the incidents. The women had certainly shown a degree of compassion for the victims, especially for Talya. They had been expecting to see her in court since the day they had been empanelled. However, Billycan had made it clear to her that she was to remain away from the courthouse until she would be called to take the stand. He had told her about ‘testimony contamination’—she might be influenced by other testimonies before she would herself testify. Besides, he didn’t want the jury to be distracted by her early presence in court for one thing, and to have her sit through the lengthy hours of the evidential process, for another.
Mr. Simmons’s opening statement, on the other hand, gave Billycan pause. Simmons had opened the door to introducing Ishmael Assor and Talya Kartz as traitors that had to be punished. However, Simmons had also introduced the idea that a Mossad agent had instigated the two crimes, which suggestion, in itself, would prove helpful.
Simmons had gone on to conclude, “Ladies and Gentlemen of the Jury, being a government agent employed by the CIA requires the person to obey orders given without asking questions. Mr. Sadir was such a person. He had been with the CIA for more than ten years and had obeyed the orders that had been given to him, without question. The prosecution will try to demonstrate that Mr. Sadir acted of his own accord, which could not possibly happen when you are a CIA agent. In the case of the felony murder of Agent Assor, Samuel Meshullam, an agent working for Mossad, pulled the trigger. We will show that Samuel Meshullam received his orders from Mossad, his employers—not from the CIA.” He paused to let that sink in, turning to Billycan with a smirk on his lips. He then pivoted on his heels to face the jurors again. “In the case of Ms. Kartz’s shooting, here again Agent Meshullam carried orders received from Mossad—not from the CIA. Yes, members of the Jury, I put it to you, Mr. Sadir could not have ordered these crimes to be perpetrated, because he was a CIA agent—an agent responsible for following orders given by his superiors in the agency. We will also show that Mr. Ishmael Assor—the first victim in this case—was a Mossad agent that had overstepped his bounds when he had conspired with Ms. Kartz to have faulty armaments sent to their country of origin. And that, Ladies and Gentlemen, is the main reason for Mossad ordering their elimination. They were believed to be traitors against the State of Israel and Mossad was exacting reprisals on both of them. The CIA or Mr. Sadir himself did not give any orders to have them eliminated—how could he? Not only was he a CIA agent, but he is also a devout Muslim. Mossad would not abide suggestions against two of their own coming from an Islamic person—that’s unconceivable.” He paused again and then finished with, “After you will have heard the evidence and testimonies, you will have no choice but returning a verdict of not guilty.” Simmons had then regained his seat, visibly satisfied with the jury’s reaction.
Chapter 62
The next morning, Judge Silverman entered the courtroom with a decisive stride. He stepped up to the bench, and sat down. As soon as the bailiff declared the court in session, Silverman turned to the jury. “Ladies and Gentlemen, the next few days will be dedicated to presenting the co
urt with the relevant evidence to this case. During this process, you will have a chance to examine the evidence first hand.” He gave them a thin, friendly smile. He looked at Simmons and Billycan in turn briefly and then returned his attention to the jurors. “Therefore, I will ask you to only note down your comments and reserve your arguments for your deliberation at the conclusion of the trial.”
His Honour raised his head to look at the US Attorney. “Mr. Billycan, your next witness, please.”
“Yes, Your Honour. The Prosecution calls Mr. Lieberman to the stand.”
The bailiff nodded to his colleague at the far end of the courtroom. The man went out and returned a minute later with Mr. Lieberman in tow.
He stood in front of the witness chair and faced the judge. “For the record, sir,” Silverman said, “would you mind saying your name and state your occupation?”
The witness nodded. “My name is Stan Lieberman. I am a forensic specialist at the Michigan State Forensic Research Laboratories in Flint, Michigan.”
After being duly sworn in, Mr. Lieberman sat down.
“Thank you, sir. Mr. Billycan you may now proceed.”
“Thank you, Your Honour.” Billycan got up and strode toward the witness stand. “Mr. Lieberman, good morning.”
“Good morning, Mr. Billycan.”
By stating the US Attorney’s name in open court in front of the jury, Lieberman let everyone know that he had had contact with Billycan prior to coming to court. Billycan raised an eyebrow—imperceptible to the jury. “Mr. Lieberman, can you tell us how long you have been working in the Michigan Forensic Laboratories as a forensic expert?”
“Yes, sir. I have been with the lab for almost twelve years.”
“And as part of your duties, did you have many opportunities to examine vehicles involved in accidents or in say in other forms of criminal activities?”
“Yes I have.”
“How many do you go through on average every month, would you know?”
“It depends on the weather…” Billycan jerked his head back in surprise and raised his eyebrows. “I mean, in the summertime, we seem to have more vehicles coming in that we’d have in the winter.”
“I see. Could you give us an estimate then of how many vehicles your lab analyzes over the period of a year, say?”
“It’s difficult to say, but about twelve to fifteen cars or SUV type vehicles go through the lab each year.”
“And as an expert, do you attend to the forensic analysis of each vehicle yourself.”
“Me and some other guys do, yes.”
“Would you say that every vehicle you examined were in a serious accident or only some of them?”
“Some were not involved in a vehicular accident at all and some, yes.”
“Thank you, Mr. Lieberman. Now, I’d like you to turn your attention to the report I have in my hand.” This time Billycan brought a thick binder to the witness stand. “Is this the report you wrote at the end of your forensic analysis of Mr. Ishmael Assor’s SUV, which was involved in the accident that occurred in the fall of last year in the city of Flint, MI?”
Billycan placed the binder in front of Lieberman. “Yes, that’s the one.”
“Thank you.” He turned to Silverman. “The Prosecution offers this forensics report, marked Exhibit 2 and tender to opposing counsel.”
“No objection, Your Honour,” Simmons said mechanically, not even lifting his head.
“All right, Mr. Billycan, so noted. Proceed.”
“Thank you, Your Honour.” Placing a hand on the binder, he planted his eyes on the witness. “Now, Mr. Lieberman, could you tell us what specifically struck you as peculiar concerning Mr. Assor’s vehicle, if anything?”
Lieberman shifted in his seat. He put his elbows on the armrests and retreated to the back of the chair. “There were three items that could be qualified as peculiar in the vehicle...” The US Attorney moved away from him to face the jury.
“Could you tell the court what these were?”
“Sure…,” Lieberman said, shifting his position again. “First, even before we got the car towed to the lab, I noticed that the car wasn’t fitted with airbags.”
“I see. And do you think the lack of airbags in the steering wheel, for example, was due to a manufacturing defect?”
“No, sir.” Lieberman was emphatic about this. “This vehicle was not even a year old and the manufacturers wouldn’t have sent it to the dealership without its airbags.”
“So, and if I understand you correctly, you are saying the airbags had been removed from the vehicle after it was purchased, is that your testimony?”
“Yes, it is.”
“Then, have you been able to locate proof or ascertain that the airbags had been removed?”
“Yes, we did. When we dismantled the steering column and disassembled the steering wheel, we noted that the airbag had been removed.”
“Thank you. Now, sir, what else did you notice as peculiar about this car?”
“Well, the second item was a leak in the power-steering fluid container.”
“And without being too technical about it, could you describe for the jury, what would that do when you drive a car without, or low power-steering fluid?”
“Well…, once the fluid would have escaped from the container or the steering column, the car would be going out of control.”
“When you say the car would ‘be going out of control,’ did you mean the driver would then be unable to control the vehicle?”
“Yes, sir, that’s what I meant.”
“And what about the third item in this series of peculiarities—what was it?”
“We found two sets of latent hand prints on the passenger side of the vehicle.”
“Could you explain to the jury—again briefly—what you mean by ‘latent hand prints’?”
“Latent prints mean they are prints that are not visible to the naked eye, but they’re there nonetheless.”
“And you were able to lift these two hand prints?”
“Yes, we did.”
The US Attorney strode to his table and picked up a transparent folder, which he handed to the witness. “Are those the developed hand prints you’ve just described?”
“Yes, these are the latent prints developed in the lab, yes.”
“Your Honour, the Prosecution offers this evidence, marked Exhibit 3, and tenders to opposing counsel.”
“So noted, Mr. Billycan. Please move on.”
“No objection, Your Honour,” Simmons uttered once again, leaning back against the chair.
“And now, Mr. Lieberman, where did you find these two handprints, exactly?”
“On either side of the glove compartment on the right hand side—the passenger side—of the dashboard.” A wave of murmurs and whispers among the audience accompanied the witness’s statement. That description got the jury’s full attention.
“Thank you, Mr. Lieberman. Now, I’d like you to turn to page 154 of the report in front of you and read the highlighted portion for the jury.” Billycan took a couple of steps and stopped, facing the jury again.
Lieberman leafed through the pages, found the page and the highlighted paragraph. “The latent hand prints found on the passenger side of the dashboard of the SUV were identified as belonging to a Mr. Samuel Meshullam.” Lieberman looked up and closed the binder amid a growing chatter in the audience.
Silverman pounded his gavel, demanding silence. Once he got what he wanted, he turned to the witness. “Mr. Lieberman, would you mind answering a question for the court?”
“Not at all, Judge, go ahead.” The expert’s casual manner seemed to take the judge aback.
“Would you be able to tell the court how you determined the identity of the owner of these hand prints?”
“Well, at first we had no idea whose prints these were, but then when we were advised that they were maybe the prints of someone involved in this case, we tried matching them with the witnesses and suspects in the case,
and we got a hit when we examined Agent Meshullam’s prints.”
“Thank you, sir.” Silverman looked at Billycan. “You may resume.”
Billycan nodded. “Now, Mr. Lieberman, did you come upon Agent Meshullam’s prints in the regular manner?”
The forensic expert appeared nonplussed. “I don’t know what you mean by ‘regular manner’—sorry.”
“What I meant was where these prints part of the set that you received from the police department in Flint as part of the evidence they had gathered during their investigation.”
“No, sir, they weren’t. They came later in an envelope... with some other plastic envelopes in it…”
Billycan held up a hand to stop the witness, went to the prosecution table, picked up a plastic envelope, and brought it to him. “Is that the plastic envelope you referred to just now?”
“Yes, sir—that’s it—that’s one of them.” Lieberman gestured to take the envelope from Billycan.
“Just a moment, Mr. Lieberman.” Billycan turned to the judge. “The Prosecution offers this evidence, marked Exhibit 4 and tender to opposing counsel, Your Honour.”
“Go ahead.”
“No objection, Your Honour,” Simmons replied—this time quite intent on the proceedings.
“Okay, now, Mr. Lieberman, do you recall where the package containing several of these envelopes came from?”
“Yes. The envelope came from the office of Mr. Van Dams—the CIA deputy director here in D.C.”
“And you determined that how?”
“The courier had me sign a receipt that indicated where the envelope came from.” Again, Billycan went to his table, came back with a large brown envelope, and showed it to the expert. “Yes, that’s the envelope I received.”
“Your Honour, the Prosecution offers this envelope, marked Exhibit 5, and tender to opposing counsel.”
“So noted,” the judge said as he looked at Simmons.
“No objection, Your Honour.” Simmons returned the judge’s gaze and nodded.
“Now, Mr. Lieberman,” Billycan resumed, “you testified this envelope and its content is what you received from the office of Mr. Van Dams and which helped you in identifying the hand prints as having been made by Agent Meshullam, is that correct?”
WASHINGTON DC: The Sadir Affair (The Puppets of Washington Book 1) Page 23