The arraignment itself was mercifully short. Judge McElroy had Khalid stand and informed him that he was charged with conspiracy to commit murder. He noted that Khalid had retained counsel and asked if Khalid understood the charges against him.
Khalid kept his posture ramrod straight, his chin up. “Yes, sir.”
“How does the defendant plead?” This question was directed to Shannon and Alex, who stood next to their client.
“Not guilty,” Shannon said. Though she tried to sound authoritative, her voice was more of a squeak than a battle cry.
“I’ll entertain argument on the request for bond,” McElroy said.
Taj Deegan went first, and the defense lawyers took a seat. “This man has been on the DOJ’s terrorist watch list since he came into the country. That’s how we obtained the text messages ordering the murders of Ja’dah Fatima Mahdi and Martin Burns.”
At this, there was a murmur of excitement in the courtroom and the clacking of computer keyboards. These were fresh details, Alex knew. It would be fodder for the news broadcasts that night.
“We are also investigating whether the mosque led by Mr. Mobassar is partially funded by organizations connected to Hezbollah,” Taj continued. “If Hezbollah is involved, no matter how high this court sets bond, Mr. Mobassar will be out of jail in a matter of hours.”
The rumors of Hezbollah connections had been swirling in the media for the past several days, but mentioning the terrorist organization in court had a sobering effect. Alex could see it in McElroy’s face. How could a judge consider releasing a man accused of honor killings who had ties to a terrorist group like Hezbollah?
“Mr. Mobassar is a foreign national. The risk of flight to a country that would deny extradition is great. If ever there was a case where it would be inappropriate for any bond to be set, this is that case.”
When Taj took her seat, Shannon moved quickly to the space between the two counsel tables where her adversary had been standing. Judge McElroy was jotting down a few notes, and Shannon waited for him to finish, standing at attention with no notes. She looked as if she might be preparing to make the first run on a tumbling routine.
McElroy looked up. “You may begin.”
“At a bond hearing, it’s the burden of the commonwealth to prove that the release of the defendant would be a danger to society and that he constitutes a flight risk. Tossing around loaded buzz words and engaging in fearmongering does not constitute such proof.”
Alex knew his partner well enough to read the intensity on the tight lines of her face and neck muscles. This was no act; Shannon believed every word she was saying.
“Khalid Mobassar came to this country at the invitation of a prestigious university because he is an Islamic reformer,” she continued. “He lost both sons in the endless stream of Middle Eastern violence. He knows better than anyone that the violence must stop. For him, this is not just an intellectual theory. He has been victimized by the same jihadist mind-set that he now opposes with every fiber of his body. Don’t let him be victimized by American prejudice and stereotypes too.”
Shannon paused. Alex could sense an extra layer of tension in the air as a result of her stridency. Even the defiant way she stood there with her jaw thrust forward sent an unmistakable signal that she was ready to take on the world.
“Americans always wonder why moderate Muslim leaders don’t speak out more forcefully against terrorism. Well,” Shannon said, “here is somebody who did-and look at the treatment he gets. The commonwealth’s attorney talks about ‘suspected’ ties to terrorist organizations. But where’s the proof? Where are the funds traced from Hezbollah’s accounts to the Islamic Learning Center in Norfolk? Where are the e-mails or phone calls or messages from Hezbollah leaders?” Shannon fired a glance at Taj Deegan as if she actually expected an answer. Taj stared back.
“If the federal government suspected ties to a terrorist organization, why did they let Khalid enter the country in the first place? We all know that the government’s activities under the Patriot Act have cast a wide net-at times based on unfounded suspicions. Mr. Mobassar is apparently on the government’s list because he is Lebanese and a leader in the Islamic faith. How is that not racial and religious profiling?”
The question elicited a scowl of disapproval from Judge McElroy. The race card. Alex was hoping his partner wouldn’t trot it out quite so early.
Shannon took a breath, softened her tone, and talked about the commendable things the Islamic Learning Center did for the community. She ended by noting that Ghaniyah Mobassar had been in a serious automobile accident and needed her husband at home. He would never leave the country when his wife needed him so badly. In fact, Khalid would be willing to surrender his passport until the trial was over if the government was truly concerned about his fleeing to Lebanon.
Shannon sat down, and Alex leaned across Khalid to tell his partner that she’d done a fabulous job. McElroy gave Taj Deegan a chance for rebuttal, but Deegan brushed it off. “We believe the evidence speaks for itself,” she said.
At that, the judge announced another recess so he could prepare his ruling.***
When court reconvened, a somber-looking McElroy had the deputies bring Khalid back into the courtroom. McElroy folded back a few pages on his legal pad and began reading his ruling without looking at the cameras. “Although Ms. Reese has done an excellent job arguing for the defendant’s release on a minimal bond, the court is nonetheless convinced that Mr. Mobassar constitutes a risk to women in the Muslim community who might be inclined to switch to another religion. The court also believes that Mr. Mobassar presents a substantial flight risk given his connection to countries that may or may not honor an extradition request from the United States.”
McElroy looked up from his notes and focused on Taj Deegan. “The court agrees with Ms. Reese that the commonwealth has presented no tangible evidence of Mr. Mobassar’s alleged connections with terrorist organizations like Hezbollah. Therefore, this court cannot and does not consider that type of speculation as part of its ruling.”
For the first time, Alex felt a small glimmer of hope. Would McElroy actually cut through all the inflammatory rhetoric and grant Khalid bail? He didn’t have to wait long for the answer.
“I’m therefore granting the defendant bail in the amount of 1.5 million dollars. Conditions of bail will be as follows: First, Mr. Mobassar will surrender his passport and may not leave the commonwealth of Virginia. Second, Mr. Mobassar will wear an electronic ankle restraint so that his movements may be tracked at all times. Third, Mr. Mobassar will be able to attend to his duties as imam at the Islamic Learning Center and care for his wife. As part of those duties, he may go to the store and run necessary errands, but other than that he is to be confined to his home and to events at the Islamic Learning Center.”
Shannon was on her feet. “May he also go to his attorneys’ offices to help prepare for the case?”
“Of course,” Judge McElroy answered. He looked at Taj Deegan and Shannon Reese one last time. “Anything else?”
Deegan shook her head and Shannon gave the judge an enthusiastic “No, sir.”
“Then court is adjorned.” McElroy banged the gavel and left the bench. He had probably angered more than a few conservatives today, but Alex had a newfound respect for the man.