“ ‘Answer: I would characterize it as severe. And I do not believe he was malingering.’ ”
“ ‘Question: And how do you explain, based on your education and experience and personal observations and all the tests you ran, how he could be in severe pain but have nothing wrong with him?’ ”
“ ‘Answer: I’m not saying he had nothing wrong with him. I’m saying that I couldn’t find out what the problem was.’ ”
“ ‘Question: Did you test him for arsenic poisoning?’ ”
“ ‘Answer: There was no—’ ”
“ ‘Ms. Anzai: Nonresponsive, Judge.’ ”
“ ‘Judge Otaru: Answer the question as it has been put to you.’ ”
“ ‘Answer: No. I didn’t.’ ”
“ ‘Question: Did you test him for exposure to any type of poison?’ ”
“ ‘Answer: No, but—’ ”
“ ‘Ms. Anzai: Answer yes or no.’ ”
“ ‘Answer: No.’ ”
“ ‘Question: It could have been poison, right?’ ”
“ ‘Answer: Anything is possible.’ ”
“ ‘Question: You couldn’t rule out poison? You didn’t test for poison?’ ”
“ ‘Answer: No. I wasn’t looking for that. I—’ ”
“ ‘Question: His wife could have been slowly poisoning him for weeks, so he would be sick, so she could concoct this story later, after she did away with him?’ ”
“ ‘Answer: As I said, anything is in the realm of possibility. Although I feel that—’ ”
“ ‘Question: So since you don’t have a clue what was wrong with this young man, poison is as good a guess as any, correct?’ ”
“ ‘(Witness shrugs).’ ”
“ ‘Judge Otaru: You have to speak audibly for the record.’ ”
“ ‘Question: Well? Yes or no?’ ”
“ ‘Answer: Yes.’ ”
Nina stopped and waited until she had Amagosian’s full attention. “Was this testimony true and correct?”
“No. It was not the full truth. I was prevented from answering fully. I was not asked questions that would have brought forth the full truth. I was forced to answer with a yes or a no even when the answer would be misleading unless I could explain it.”
Nina watched Riesner stand up, smoothing his hair back. “I move to strike all the, quote, testimony, end quote, of this witness,” he said. “I have listened in fascinated horror as Ms. Reilly walked tediously through a replay of a trial which is now over. Perhaps, I thought, this witness too will confess to some egregious action which reflects more on him than on the trial. But we do not have a confession of perjury this time. We have absolutely nothing. The full truth did not come out? Really. The witness was prejudiced in favor of the defendant but could not indulge his prejudice because the defendant did not decide to show up at all. That is his complaint. It is a pseudo-complaint. He was examined and gave testimony. Now it is far too late to whine about being kept close to the point.”
“Well, Counsel?” Amagosian asked Nina. “The witness is not changing his testimony, although I suppose he wants to embellish it. I’m not inclined to allow that at this late date.”
“For him to take this last possible opportunity to bring forth the truth has nothing to do with embellishment, Your Honor,” Nina said. “We’re here to find the truth, aren’t we? In Hawaii, no opposing counsel appeared in court to object to the leading questions, the repeated and calculated interruption of the witness, the limiting of the witness to yes or no answers. An obvious miscarriage of justice was the result. Surely this court can spend a few minutes more hearing what this witness would have testified if given a fair opportunity to do so.”
Amagosian sighed. “Keep it brief,” he said. Nina gave him a heartfelt smile and he looked disapprovingly back to his paperwork.
Jun sat quite calmly throughout this exchange, his files and the trial transcript exhibit spread in front of him.
“Dr. Jun,” Nina said, “what in the testimony that was just read back to the court was misleading or false?”
“Objected to as vague, leading, overbroad, and generally of the kitchen-sink strategy for which Counsel is becoming infamous,” Riesner said, yawning.
“Overruled,” Amagosian said before Nina could open her mouth. “It’s as good a question as any. Let’s hear what the doctor was trying to say. Well, Doctor?”
“I can answer the question?” Jun said. Nina nodded, and he said, “All right. What I was trying to explain to the judge in that proceeding was that if there had been any poison such as arsenic in Dan Potter’s body, it would have been found as a result of the autopsy, which was very thorough. The lawyer had to know there were no such findings.”
Riesner’s voice rose again. “Pure, unadulterated hearsay,” he said.
“Sustained,” Amagosian said, as he had to, since Jun was trying to report on an autopsy someone else had done. Nevertheless, Nina could see she had piqued his interest, and was heartened.
“What else?” Nina said, and Riesner groaned. Paul tensed and seemed about to get up, and Nina elbowed him as invisibly as possible. “Don’t you dare,” she whispered, and he subsided.
“I’ll take that as an objection,” Amagosian said to Riesner. “And I will overrule it. Go on, Doctor.”
“I found no basis for any belief that the young man had been poisoned. I regret if that implication was taken from my testimony.”
“Go on,” Nina said, having realized that these were the magic words, that Amagosian just wanted Jun to spit it out.
“The main thing which I wish to clarify is that the young man, Dan Potter, advised me that he had suffered at least two attacks of severe abdominal pain. The pain came on in less than five minutes in both instances.”
“Would you say at this time that the death was consistent or inconsistent with a sudden attack of severe abdominal pain which caused the young man to fall from his kayak and drown?”
“Entirely consistent,” Jun said, rapping it out. He had flown all the way from Hawaii to say that. He looked at Jessie and gave her a short nod. Riesner was objecting, but Amagosian said, “Let’s just leave that in the record for what it’s worth, Counsel. Ms. Reilly. Anything further?”
Jun had made his point. “No, Your Honor.”
“You may cross-examine.”
But Riesner, ever wily, said, “No cross, Judge,” knowing that Jun would spring at any further chance to help Jessie. Jun left the stand. With a whisper to Nina, Paul followed him out of the court. He had promised to get Jun back to the Reno airport. Byron Eppley would be sticking around.
The judge called a recess for lunch. Nina fled before Riesner could hassle her some more. Out in the parking lot bees buzzed the flowering bushes, and a warm breeze brushed through her hair. A dozen bicyclists dressed in their spidery spandex whizzed by.
She was tossing her briefcase onto the seat when she heard Amagosian say, “Ms. Reilly?”
“Judge?” She was alarmed. They weren’t supposed to discuss the case at all. What could he want?
“Nice day,” Amagosian said. He was much smaller close up, older, and his face seemed kinder too.
“Sure is.”
“I was wondering, nothing to do with the case of course, but your client bears a remarkable resemblance to a man I once knew. Actually worked for me for some years as a foreman on my ranch. Just wondering if she could be a relation.”
“I don’t know,” Nina said. “All I really know is that she is a Washoe.”
“Oh, then it can’t be.”
“Why not?” Nina said.
“Well, this man was Armenian. There are so few of us in this area.” He nodded and got into his car.
She met Paul and Dr. Jun at Sato’s. Paul was driving Jun to Reno to catch a flight and they had to hurry, so they had wisely started without her. “Sorry,” she said. “Amagosian caught me in the parking lot. Then I had to stop for gas.”
“What did Amagosian want?” Paul said. He loo
ked quite handsome in his blue court suit, but the hula-girl tie detracted from the otherwise sedate impression.
“Oh, just to chat. He thought Jessie looked like this Armenian who used to work for him. I told him she’s a Washoe and took off.”
“I’ll never think about ethnic heritage the same again after this visit to Hawaii,” Paul said. “Pride in your roots, but people of different backgrounds intermarrying at the same time. Not that there aren’t still problems, but they’re on the right track.”
“It’s history, I think,” Jun said. “The first American generation sometimes doesn’t want to think about the old country. It’s the grandchildren who realize they’ve been left rootless in this world. I can’t speak a word of Korean, but I’m going to study it someday.”
“Maybe I’ll put the O back on the Reilly name someday,” Nina said. “It got lost when the boat landed.” Her sushi came and she poured soy sauce onto her ginger and wasabi, then picked up a piece with her chopsticks and dunked it in before putting it in her mouth. “Manna,” she said.
Paul looked at his watch. “Well, we better haul if we’re going to make the flight. You sure you don’t need me later?”
“I’ll be fine.” If only it were true. She hadn’t made the clear and convincing case she had thought she would. Atchison Potter was the only witness she had left, and he was a lawyer. “Potter’s all we have left. We’ll finish this afternoon.” “He looks quite a bit better today.” Paul turned to Dr. Jun and said, “He had jet lag or something when we saw him a few nights ago.”
Dr. Jun said, “Well, he looked fine today.” He got up with Paul. “Well, a hui ho,” he told Nina. “It means, See you soon. Let me know how it comes out.”
“Of course.” She shook Jun’s hand.
“Be careful,” Paul said. “I’ll get back as soon as I can.” He jingled his keys.
She watched Paul and her witness get into Paul’s Mustang and drive off and ate some more California roll.
Amanda Lewis—Kenny had gone to see her. Had he somehow precipitated her murder? Had she been killed with a Glock? Could Kenny be involved? Could Jessie?
She still had an hour, since Amagosian had some intervening matter, so she decided to stop by the office.
In the parking lot of the Starlake Building, she was stunned to see Riesner’s Jag taking up two spots. She ran down the hall, remembering that Sandy was watching the baby, that Jessie was probably there. As she got closer she heard the unmistakable deep voice of Sandy telling somebody to leave.
The door was open. Inside, an apocalyptic scene which struck Nina dumb—Jessie holding the baby at her shoulder, backed against the wall, her face hard and set; Sandy, standing protectively in front of her, arms folded, feet apart; Riesner, tall and imposing, sitting on Sandy’s desk with an expression of triumph and glee.
And his stocky client, the blue-jawed Mr. Atchison Potter, in Sandy’s face, eyes bulging, seeming about to burst from his jacket, hands up as though the next step would be to try to strangle Sandy, which would not be a good plan.
At her entrance, they all turned to her, Jessie with relief, Riesner with a smile, Potter with a snarl.
“Well, well, well,” Riesner said. “Get Shorty.”
“What’s going on?”
“Oh, a little matter of a grandchild. You really are unbelievable,” Riesner said.
“Let’s all calm down. Let’s talk about this,” Nina said.
“I want to hold Dan’s son,” Potter said. “She won’t even let me touch him.”
“Let’s go in the conference room. Sandy, you watch the baby out here.”
“Oh, no. I don’t leave the baby,” Potter said. “Not until I hold him.”
“Then get out of my office. Take your pick.”
“I’m not leaving, I said. Not leaving him. I want to hold him. She won’t even tell me his name.”
“I’ll take the baby into the conference room,” Jessie said. “As long as you and Sandy stay with us.”
“Don’t worry,” Nina said.
It was crowded in there. Atchison sat across the table from Jessie, still unable to see Gabe’s face. Gabe, oblivious to all the commotion, seemed to be having a postprandial snooze.
Atchison was laboring under great emotion. He didn’t seem angry anymore, but studied the blue blanket and the fluffy hair with an intensity they could all feel. Sandy closed the door and stood there like a bouncer, feet apart and arms folded.
“Now,” Nina said. “What brought you here?”
“He did,” Potter said, pointing at the baby.
Riesner said, “A friend at the Tahoe Valley Medical Clinic happened to mention young Jessie had been in for a checkup for her baby. My friend was just curious about our big slot winner. She happened to be around when the baby was brought in last week. Judging from this child’s age, I’d say it’s Dan Potter’s child. Is it, Mrs. Potter?”
“Wait, Jessie,” Nina said.
“Yes, he’s Dan’s child.” Jessie spoke directly to Potter.
“Jessie!”
“And you’ll never get him.” Hate shone in her eyes. “You’re evil and you’re trying to destroy me. Well, if you do . . .”
Potter said thickly, “What? You’ll destroy him? Like you did my son? Oh, no, you won’t. You’re an unfit mother. You’re a killer. You won’t have him much longer.”
“Be quiet, now, Atchison,” Riesner said. “I know you had to say that. But don’t say anything else, all right?” He laid a warning hand on Potter’s shoulder. Potter looked at him and seemed to realize he could hurt himself if he went on. He sat back in the chair, still watching Riesner.
“I have called Child Protective Services,” Riesner said to Nina. “I’m sure you don’t mind.”
“You’re wasting your time.”
“You know what this young lady is going to do? The minute we turn our backs, she’s going to flee this jurisdiction with that child. You heard her. She won’t even let Mr. Potter touch his own grandson. We need immediate protective custody.”
“He’s trying to take Gabe!” Jessie cried out. “Nina! You promised me!”
“Look,” Nina said. “Let’s work something out. Let’s not have the baby torn from his mother, not that you will necessarily get your wish, Mr. Potter—”
“That’s not my wish,” Potter said. “My wish is to hold my grandson. And to prevent her from spiriting him away.”
“She did kill the baby’s father,” Riesner said. “As you may have noticed, we have a judgment to that effect. And she does tend to flee when things don’t go her way.”
“How long ago did you make that call?”
“—Jeff?” Riesner said. “My name, remember?”
“Well?”
“About ten minutes ago.”
“Let’s work something out,” Nina repeated. She was afraid that she and Jessie would not get out of there with Gabe. She was trying to think. Jessie obviously had full custody; she was Gabe’s mother.
Jessie hadn’t even registered Gabe’s birth. Gabe didn’t exist legally. A chill swept over Nina. Paul had predicted that this would not end well.
“What did you have in mind?” Riesner said. He was smiling again. Jerk!
“You folks leave, Jessie promises to stay here in this county, and we finish the hearing.”
“How about, we have the baby taken into protective custody until you lose the hearing, we make sure young Jessie here gets a perjury charge for lying to me at the Examination, and both Jessie and Mr. Potter have visitation rights to the child in the interim.”
Jessie got up, holding the baby, her face determined. “I’m leaving,” she said. Nina said nothing. She was at a loss. Atchison Potter got up too, knocking his chair back against the wall, and said, “No, you’re not.”
“If you touch her, it’s a battery, Mr. Potter. You will be prosecuted and it will strongly affect any possibility of access to this child,” Nina said. She was standing, too. They were all standing.
“Don’t give my client advice,” Riesner said, his face ugly. But he, too, didn’t seem to know what to do. The law didn’t seem to have much guidance to offer for this emotional situation. Jessie edged toward the door, but Sandy didn’t move.
“Jessie,” she said. “Don’t run.”
“I have to. Let me go.”
“He’ll find you. Make your stand here, with your friends.”
“Don’t make me push you away, Sandy. Please. Get out of the way.”
Potter made a move. Sandy stepped aside and Jessie rushed for the door.
“Wait!” Potter yelled. Jessie stopped, her hand on the door, still out of his range.
Potter yelped, “Just let me hold him, and we’ll cancel the call!”
“Listen to him, Jessie! Wait!” Nina said.
“Just let me hold him!”
“Why should I?”
“Please!” Potter said. “He’s Dan’s little boy!”
She turned slowly, her hand still on the knob. “And you won’t try to take him from me?”
“Not this way,” Potter said.
“You’re just trying to keep me here until they come,” Jessie said. “It’s a trick. Right, Nina?”
“Will you cancel the call if Mr. Potter is permitted to hold the child?” Nina asked Riesner.
“She’ll run right after,” Riesner said. “That’s the risk, Atchison.”
“Swear to me that you will stay here,” Potter said to Jessie. “I don’t mean like in court. I mean, swear it to me, before God.”
“And you will leave us alone?”
“Until the hearing is over.”
She looked at Nina, hesitating. Nina nodded slightly.
“I swear,” she said. “Before God.”
“Call them,” Nina said. Riesner took out his phone and pressed the redial button. He asked for a particular name. He put his hand over the phone and said, “Have her give that baby to Mr. Potter. Right now.”
Nina said, “Jessie?”
“Five minutes,” Jessie said. “That’s it.”
“Alone,” Potter said.
“No!”
“All right. Not alone. All right.”
Jessie looked at Riesner. “Just a second,” he said into the phone.
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