Decency (39 page)

“Honey calm down so you can talk.”

“The…man…at the…bu-huss stop…who…”

Kelly lurched out the door and looked up and down the corridor. It was empty.

“Whoever was there is gone. Did you see anyone, Jannie?”

“I think the man she saw was a tall well-dressed guy coming down the hall toward us.”

Kelly was thinking out loud. “The corridor is too long…he must have gone into one of the rooms…unless he ran.”

Then, to Theresa. “It’s going to be okay…we’re all here to protect you… can you come with Duncan and me just out in the corridor where you can point him out if you see him?”

“Come on, honey, we can do this.”

With his arms still around her, Duncan gently guided her out the door. Kelly, Bonnie, and Jannie followed.

“Christian, would you stay and watch their things?”

“Sure.”

They began retracing the steps to the restroom. The first door to the left was the court room. When they opened the door, they edged Theresa inside and looked around the pews. They were empty.

Jannie whispered to Kelly. “That might be him.”

Carbajal was casually talking to the court room clerk. Jannie nodded toward him. Carbajal turned toward them to walk back to his desk.

Kelly whispered to Theresa, “Is that the man?”

Duncan gently half turned her toward Carbajal. She lifted her face from his now mascara-stained shirt, glanced at Carbajal, blanched, stiffened her body, and violently wagged her head that it was.

“Theresa, are you absolutely sure, beyond any question?”

She was angry at even being asked and hissed, “
Yesss
!”

“Okay let’s get back to the waiting room.”

Kelly’s head was spinning.

…think…the procedure would be what…? …ask to speak to the judge outside the hearing of the opposing counsel…ex parte communications can be reversible error…think…this is so damn hard when you’re this tired…

“Kelly, we’ve already entered strange territory…putting this on his plate could convince the judge we’re out of control.”

…call the U.S. Attorney…? and say what…? a witness you won’t identify says the assistant in charge of the case threatened her…? THINK…

“Bonnie, we have to make a record of it or it goes away…no investigation will vindicate her…and we’ll never have a better chance to do it.”

“Theresa…Theresa, can you listen to me?”

“Yes, it’s better now.”

She loosened herself from Duncan and handed Gareth to him. She dug in her purse for a Kleenex and then wiped her eyes and blew her nose.

“Really…it just shocked me so much…with everyone here with me I’ll be fine.”

“Okay. If I ask you to testify, to get on the witness stand and point to the man and say in a loud strong voice that he threatened you…look him right in the eye, point your finger straight at him and accuse him…can you do it?”

“I think so. I’ll sure try…it’s my chance to do the same back to him.”

“Bless you…I don’t know if the judge will allow it yet. But it will be very soon after we go back in if he does. So be ready any minute.”

“Let’s go, Bonnie, we’re about due back.”

As they re-entered the court room the bailiff was just coming out to get them. He turned around and retraced his route to his post at the judge’s entrance, nodding to the court room clerk. The clerk once again picked up the phone and said, “We’re ready.”

“
All rise!
”

The judge stepped lively to his chair, his robe whirling about his legs.

Carbajal had taken his position at the lectern to begin his argument. An over-stuffed three ring binder rested open on the sloping top of the lectern.

“Mr. Carbajal, this matter came on for hearing in an extraordinarily accelerated fashion. Tell me please, to what extent have you or others in your office consulted with the Department of Justice in regard to the matters raised by this motion?”

“To my knowledge, your Honor, consultation has been limited to the issue of representation of the individual defendant, Cochran, that was addressed by your Honor at the previous hearing where Mrs. Holdredge represented the defendants.”

“Thank you, Mr. Carbajal, you may sit down.”

Carbajal remained standing at the lectern, apparently unsure what he should do.

The judge made it clear to him.

“Mr. Carbajal, take your seat.”

“Oh…yes, your Honor.”

Carbajal gathered his monstrous binder and ever so casually returned to his chair.

“First, Ms. Hawkins, I am ordering that you make the original audio tape and video tape a part of the record in this case. Deposit them with the court room clerk not later than close of business today.”

“I will, your Honor.”

Bonnie reached into her briefcase, retrieved the tapes and handed them to Kelly.

Kelly rose.

“Your Honor, let the record reflect that I am handing the original tapes to the court room clerk now and requesting permission to obtain copies from the clerk’s office as soon as they can be made available.”

The Judge said, “It is so ordered. The audio tape will be marked Court Exhibit One, the video tape, Court Exhibit Two. With respect to the pending motion, the court finds that questions material to the adequate protection of the rights of both parties, the plaintiffs and the defendants, remain. Specifically, it is not clear what steps the defendant United States has taken or would take with respect to the actions of certain of its employees, including the defendant Cochran, if given an adequate opportunity to review them. Finally, although it is clear that the discretion to offer the use of the witness protection program rests exclusively with the Attorney General, the information necessary to the exercise of that discretion has not been available for a sufficient time to allow adequate consideration. The necessity for this court to act with respect to the motion may be rendered moot depending upon the manner in which the Attorney General would exercise that discretion.

“Consequently, the court reserves ruling with respect to the motion, will forward the record to the Attorney General for consideration and disposition of the matters within the Attorney General’s discretion, and will rule upon the matters raised in the motion when the Attorney General makes that disposition.

“The Court suspends the scheduling order previously entered in this case until such time as the court is advised that the Attorney General has acted. The Court directs the parties to request any modification of the suspension or of the scheduling order by motion.”

“If there is nothing else from either party…”

Kelly rose. “Your Honor, there is something further.”

Kelly whispered to Bonnie. “Bring Theresa to the court room door.”

Bonnie hustled out of her seat, through the gate in the railing and out the door.

Although the judge was hard put to imagine what more Kelly could possibly want, he nevertheless allowed her the chance to ask.

“You may proceed, Ms. Hawkins.”

“This matter is new. It just came to my attention during the recess. However, it affects the record which your Honor has indicated an intention to forward to the United States Attorney General. Specifically, the Jane Doe declaration in support of the motion states that the identity of the person making the threat described in that declaration is unknown. We have just obtained information concerning the identity of the person making the threat and request permission to introduce evidence on that issue in order to make an accurate and complete record.”

“You may proceed.”

“Plaintiff calls Jane Doe.”

Kelly turned and motioned to Bonnie and Theresa to come in.

“Just step up to the witness stand and be sworn.”

Carbajal involuntarily fidgeted in his chair.

“Your Honor, I request that the witness be allowed to identify herself as Jane Doe and
not
to state her name.”

“The witness may identify herself as Jane Doe. Ma’am, the bailiff will ask you your name. Just say ‘Jane Doe.’ And then the bailiff will swear you in.”

“State your name please.”

“Jane Doe.”

“Raise your right hand please.”

“Do you swear that the testimony you will give in the case now in hearing will be the truth, the whole truth and nothing but the truth?”

“Yes, I do.”

“Be seated.”

Kelly began. “Are you the person, identified as Jane Doe who made a declaration in this case?”

“Yes, I did, I don’t know if anyone else did.”

“Are the statements made in that declaration the truth?”

“Yes.”

“Did you state in the declaration that an unknown person made statements to you near your home that were threats to you and your family?”

“Yes.”

“Do you know the name of that person now?”

“The person’s name…no.”

“Is that person in the court room?”

The court room clerk looked around the room and frowned.

“Yes.”

“Point that person out, please.”

Theresa slowly stood, visibly wrestled the muscles in her neck to turn her head to Carbajal, clenched her teeth, raised her arm straight out in front of her at Carbajal, and quivering from head to toe, accused him.

“Him…that man…sitting at that table…that is the man who threatened me and my family.”

Kelly’s voice was now booming with adrenaline.

“Let the record reflect that the witness has identified Assistant United States Attorney Michael Carbajal, counsel for the defendants.”

Kelly paused a full quarter of a minute before continuing.

“And I have nothing further for the witness at this time, your Honor.”

If the judge believed or disbelieved this utterly surprising testimony he did not display it in his facial expression or in his voice.

“Your witness, Mr. Carbajal.”

Carbajal’s mind has raced through dozens of sets of questions that he could ask to put a crack in Theresa’s credibility or the accuracy of her identification.

…what was the weather…oh, you don’t remember the weather…? where were you looking when the alleged threats were made…? oh you don’t remember what you were looking at…? your statement says you were walking your baby, weren’t you looking at your baby…? where were you exactly…? you don’t remember exactly…? exactly what did the person say…? oh you don’t remember…?

But won’t he just look like he’s grasping at straws, brow-beating, or plain silly? More than anything the horror of what was likely to happen to him, his career, and anything else he can bring to mind, was penetrating every tissue in his body.

Somewhat inexplicably, even to himself, Carbajal felt his body stand and heard himself saying, “No questions for the witness at this time, your Honor.”

Unable to believe what he just heard Carbajal say, the judge found himself compelled to examine the witness.

“Why do you believe that the man who threatened you is sitting right there at that desk?”

“Your Honor, I will never
ever
in my life forget his face. His dark hair combed straight back, and the way his cheekbones seem to slant, that little sneer on his face, and the color of his eyes, and the shape of his mouth…”

The experience having proven not to have killed her, Theresa was now ready to rock and roll.

“…but most of all I remember how his smile was so warm and friendly until he started saying those things and then changed to that little sneer. He scared me so badly I practically wrecked the baby carriage getting home. Yes, I am absolutely certain. That is him.”

“Very well, anything for the witness from either side?”

“Nothing from the plaintiffs, your Honor.”

“Nothing further, your Honor.”

The judge stared at Carbajal for a full fifteen seconds.

…Mr. Carbajal…you are now blowing two chances to explain that are clearly set forth in the record…do something…

“The witness is excused.”

“You may step down and retire from the court room.”

Theresa now confronted the problem of passing within leaping and grabbing distance of Carbajal. She curved her route to the gate in the railing as close to Kelly, and as far from Carbajal as possible. She glued her eyes on him, and walked very quickly past and out of the court room.

“Your Honor, the Plaintiffs have no further evidence to offer at this time.”

“Mr. Carbajal.”
…this is chance number three, Mr. Carbajal…

“Nothing further, your Honor.”

Carbajal seemed physically unable to utter any other words.

“Very well, the record is then complete. The matter will be pursued in accordance with the previously indicated order. And the hearing is adjourned.”

“
All rise!
”

Kelly and Bonnie stood while the other participants exited the court room, Carbajal the quickest. Once alone, they slumped in their chairs.