“Where does the e-mail say that?”
Mahdi took a sip of water. “It does not explicitly say that. As they say, you must read between the lines.”
Alex picked up another document from his table, and Mahdi eyed him suspiciously. This was one of Alex’s favorite tricks-get the witness in trouble with a document early in his testimony, and for the rest of the time, the witness would watch with trepidation as Alex picked up other documents. It kept the witness honest. He would never know whether Alex had something else in writing to impeach him with, should the witness waffle on the truth.
“Let’s talk about Sharia law and specifically the rights of women,” Alex said, looking at the new document. “Can a man be convicted of rape based on the victim’s testimony alone?”
Taj Deegan jumped to her feet. “Nobody’s claiming rape here, Judge.”
“But we are trying to determine who committed an honor killing-in other words, who places such a low value on the life of a woman that he would order her killed just to restore the honor of her family.”
Rosenthal thought about this for a moment. “I’ll allow it.”
Alex took a step or two toward the witness. “Can a man be convicted of rape based on the testimony of the victim alone?”
“No.”
“How many witnesses does it take?”
“Four.”
“Do they have to be eyewitnesses?”
“Yes.”
“Do they have to be men?”
“Yes.”
“And how many witnesses, in addition to the alleged rapist, does it take to clear a man accused of rape?”
“One.”
“So if the rapist and a friend testify that it was consensual sex, then the man goes free?”
“Yes.”
“And the woman could be whipped for committing fornication-true?”
“Under Sharia law, fornication can be punished by whipping.”
“How many times have you seen a man whipped for fornication?”
Mahdi lowered his voice. “None.”
“Under Sharia law, a man can divorce his wife by simply saying the words, ‘I divorce you.’ Isn’t that true?”
“Like America, fault is not required for divorce.”
“Is fault required to be shown if the person who wants the divorce is a woman?”
“It is.”
“But a man can divorce his wife even by sending her a text message, if he so desires, so long as the text message is clear. Am I right about that?”
“A divorce can be granted by any means of communication.”
“And the children-under Sharia law, they’re considered the seed of the man, and he is entitled to custody if he so desires. Is that correct?”
“Yes.”
“Judge,” Taj Deegan pleaded, “is this a quiz on Sharia law, or will we ever get around to relevant testimony for this case?”
“You have a point,” Judge Rosenthal conceded. “Mr. Madison, let’s move on.”
“Yes, sir.” Alex consulted a document and glanced at the jury. The empathy he had seen on their faces earlier was fading. The women especially seemed to be cooling toward the witness. Also disappearing was the nervousness that Alex had felt before he started the cross-examination.
“You divorced your first wife after only four years of marriage; is that correct?”
“Yes. I am sorry to say that it did not work out.”
“And the children stayed with you?”
“They did. They are grown now, but I raised them. They wanted to stay with me. My wife just wanted out of the marriage and out of the home.”
“Did you accuse your first wife of infidelity?”
Mahdi started to speak and caught himself. He glanced at Taj Deegan, apparently looking for a bailout, and then turned to the judge. “Must I discuss the conduct of my first wife in open court?”
“Answer the question,” Rosenthal said. There was no sympathy in his voice.
Mahdi sighed. “She was unfaithful. With several men. I tried to handle the divorce with dignity and compassion-never accusing her publicly.”
“Did you ever hit her or abuse her?”
Mahdi straightened with indignation. “Absolutely not.”
“How many witnesses did you have for her infidelity?”
“I didn’t need witnesses,” Mahdi said quietly but with conviction. “She admitted the affairs.”
“Did you split the assets with her?”
“No, Mr. Madison. My wife wanted out of the marriage. She didn’t want the responsibility. She didn’t want me. I granted her that wish by seeking a divorce, and I kept her unfaithfulness quiet.”
Alex shifted gears and spent some time grilling Mahdi about his access to the mosque’s safe. He established that Mahdi was at the mosque nearly every day and could walk into just about any office.
“Did you ever borrow Khalid’s cell phone on the pretense that you needed to make a call because your own phone wasn’t charged?”
“Never.”
Rosenthal had a short-but loud-coughing fit, and Alex glanced at his watch. “Would this be a good time for a break, Your Honor?”
The jurors seemed appreciative, and Rosenthal looked as if he could hardly wait to clear them out so he could rush away for another cigarette.
After the jurors and judge left, Alex sat next to Shannon. “You’ve got him on the run,” Shannon said.
But Fatih Mahdi didn’t look like a man on the run. He was staring at Alex. The look in his eyes promised that this was not over yet.**
*
After the break, Alex turned his attention to the theological disputes between Fatih Mahdi and Khalid Mobassar. Step-by-step, Alex walked the witness through the history of the dispute, highlighting Mahdi’s vocal opposition to the imam’s teachings.
“And then, about six months ago, you abruptly stopped criticizing Mr. Mobassar publicly. Isn’t that correct?”
“I don’t remember the exact day. But yes, there came a time when I ceased my public opposition to your client’s teaching.”
“That’s when you decided to stop him another way-that’s when you decided to set him up for the honor killing of your wife. Isn’t that true?”
“Absolutely false,” Mahdi said. “I didn’t even know about Ja’dah’s conversion to Christianity at that time. I thought she was still committed to the Muslim faith.”
Alex walked in front of Taj Deegan’s table and parked himself at the same spot next to the jury rail that she had occupied earlier.
“You are aware that in Virginia, if you seek a divorce, your wife is entitled to equitable distribution-half of the marital estate?”
“I was not aware of that. I did not seek a divorce from Ja’dah. Instead, I went to my friend, Khalid Mobassar, hoping that he could talk to my wife and restore both her faith and our marriage.”
“How much are you worth, Mr. Mahdi?”
The witness turned crimson. “What does that have to do with anything?”
“Just answer the question,” Alex said.
Mahdi hesitated and looked at Taj Deegan. But Alex knew she wouldn’t object. This line of questioning was absolutely relevant. Mahdi collected himself. “My net worth, including retirement accounts, is approximately $460,000.”
“And you worked your entire life to save that amount; is that correct?”
“I’ve worked very hard. Yes.”
“So you concocted a plan to save half that sum, restore the honor of your family, and put an end to the reforms of Khalid Mobassar, all in one swing of the sword.”
Taj Deegan was on her feet. “That’s not a question; that’s a closing argument. This isn’t Perry Mason.”
“Sustained,” said Rosenthal. “You should know better, Counsel.”
“That’s a lie,” the witness said.
“Mr. Mahdi,” Judge Rosenthal barked, “I sustained the objection. You are not to answer the question.”
“Let me phrase it differently,” said Alex. His strategy was working perfectly. Every objection just drew more attention to the question. “Do you now possess, all by yourself, every penny of the $460,000 that you previously shared with your wife?”