"I use words I heard from the federal lawyer. Racketeering and money laundering and wire fraud. I could see suspicion in Nicolai's eyes."
"What did he say?"
"He accused me of wearing wire. I said I was not. I work for him only, not government."
"Was that true?"
"No. I was wearing wire for USA."
"And the wire, the recording. What became of it?"
"I destroyed it. I am sorry."
"Pity. What happened next?"
"That's when Nicolai pulled the gun and told us to strip."
Pincher opened his mouth to ask the next question but froze in place, as if zapped by a paralyzer gun in a sci-fi movie.
After a moment, he said, "I'm sorry, Ms. Delova. For a moment, I thought you said Mr. Gorev pulled a gun."
"From drawer in desk. His Beretta. I'd seen it many times. But this was first time he pointed it at me."
"Now, Ms. Delova, you recall giving a statement in my office?"
"Da. Yes."
"Isn't it true you told me Mr. Gorev had no gun?"
"Objection! Counsel is both leading his own witness and attempting to impeach her."
Just where the hell was she going with this? I didn't know, and clearly, neither did Pincher. I just knew I loved the last answer and didn't want her to contradict it. Sure, she was lying. But she wasn't my witness, and I didn't give a damn. Why should I? She was trying to help us.
"Sustained," Judge Duckworth announced.
Pincher, an old pro, stayed calm. No gaping mouth or fluttering eyelashes. I'd bet his blood pressure hadn't gone up a point. "All right, Ms. Delova, just tell us what happened next and let's see where it goes."
"I tell Nicolai I will leave now and forget everything about passport and money, but he points gun at me and says, 'Nyet! Sit.' Threatens me. Says if either of us is wearing wire, he will kill us both. Mr. Solomon says he does not work for government and starts to take off shirt to show he had no wire. While Nicolai watches him, I take gun from my purse. Nicolai must see me, because he quickly turns gun back toward me, and I shoot him. Boom! Right in head."
The courtroom went silent. But it was the silence of pealing bells. In my mind, at least, I heard the bells of Saint Mary's, accompanied by the bells of Notre Dame, and the cowbell Hilda Chester rang in the Ebbets Field bleachers. Or maybe it was just my tinnitus.
I turned on the instant replay in my mind. Rewatched the last minute of Nadia's testimony. She appeared and sounded credible. And why not? She was an accomplished actress. Telling all those men how handsome and sexy they were while picking their pockets.
Oh, bless you, Nadia Delova.
Now I had to run a double reverse with a flea-flicker pass at the end of the play. Instead of attacking Nadia, I had to protect her.
The only sound in the courtroom was the whir of the air-conditioning. And, oh yes, next to me, Solomon was hyperventilating. He had just listened to the state's star witness back his defense, and he appeared close to passing out.
After gathering his thoughts-which must have ranged from terror to fury-Pincher, as steady as a seventy-ton battleship, said, "Ms. Delova, do you remember taking an oath to tell the truth?"
"Yes. Just few minutes ago."
"And you remember your arrangement with the state of Florida?"
"Same thing. Tell truth."
"And even though you cannot be prosecuted for the shooting of Nicolai Gorev or the theft of his property, you can still be charged with perjury. You know that, right?"
Nadia nodded. "You tell me that many times. Five years in prison for one false statement. Ten years for two. And so on. Which is why I tell truth."
"Did anyone promise you anything for your testimony today?"
"Only you. Immunity."
"Well, did anyone threaten you?"
"Again, only you. Prison for lying. But I tell truth, so no problem."
Still unruffled, Pincher turned toward the bench. "Your Honor, permission to treat Ms. Delova as a hostile witness."
"Objection." I bounced from my chair so quickly, I nearly retore the ligaments in my left knee.
"In my chambers, now, all of you!" the judge ordered. "We stand in recess."
-57-.
Hostile Witness Judge Duckworth's chambers were dark and cool. An American flag stood on one side of her desk, a US Army flag on the other, complete with Revolutionary War cannon and the slogan "This We'll Defend." Otherwise, it was a typical trial judge's chambers, complete with the scent of old cracked leather and shelves of law books made obsolete by the Internet.
We gathered around the judge's desk. Pincher and one of his assistants. Victoria, Solomon, and me. Plus the court stenographer, ready to type away on her little machine.
"Well now," the judge began, "just what in the name of Ulysses S. Grant is going on?"
"I'm entitled to impeach my witness based on her prior statements," Pincher said.
"Just because Mr. Pincher doesn't like the testimony doesn't mean Ms. Delova is hostile to the state," I said. "It's not her fault he's placed the entire burden of proving his case on her. He can't just launch into leading questions of his own witness and attack her testimony."
"My questions will prove her hostility," he shot back.
"Let me see the transcript of Ms. Delova's deposition," Judge Duckworth said. "I'll make a preliminary finding on prior inconsistencies."
"I never took her deposition in discovery," I said.
"Really?"
"I'm actually quite a lazy lawyer."
"Either that, Mr. Lassiter," the judge said, a twinkle in her eye, "or you made a decision not to let the state know in advance just what you would ask the witness at trial."
"There's that, too," I admitted.
Judge Duckworth turned to Pincher. "Let me have a look at the sworn statement Ms. Delova gave to your office."
Pincher cleared his throat. It sounded a bit like the choking of a drowning man. "We never took a written statement."
"A recording then?"
"We didn't do that, either."
"Why in blazes not?" the judge inquired.
When Pincher hesitated, I answered for him. "Because the state would have been required to give me the statements in pretrial discovery."
That was true. Like a boxer head butting in a clinch, Sugar Ray always liked the element of surprise. Well, we both did.
"It was a strategic decision," Pincher said in his own defense.
"How's that working out for you?" the judge asked.
"I should still be permitted to impeach Ms. Delova based on what she told me in my office. It directly contradicts her testimony here today."
"And then what? You're a lawyer trying the case. You can't testify against your own witness. Or any witness for that matter. You just don't have the materials to impeach her, and I'm not going to allow you to treat her as a hostile witness just because her answers surprised you after you vouched for her credibility by calling her."
"Your Honor, I suspect skullduggery," Pincher said.
Yeah, he really said "skullduggery."
"Meaning what?" she asked.
"I should be permitted to ask Mr. Solomon and Ms. Lord about their contacts with my witness. Did they influence her in any way?"
"On my oath," I said, "I've never spoken to Ms. Delova in my life. In fact, I've never seen her before she walked into court today."
"Truly, Mr. Lassiter?" the judge said.
"I told you I was lazy."
"Your Honor," Victoria said. "I was with Ms. Delova the day she was arrested in Pennsylvania but have not spoken with her since."
"Thank you for that, Ms. Lord," the judge said. "Mr. Pincher, I'm denying your oral motion to treat your witness as hostile. You may ask her anything you wish on direct, but you may not lead or otherwise attempt to impeach her."
"For the record, note my exception."
"Unnecessary, but so noted."
"Now, do you have more questions for your witness?"
"Without the ability to impeach, no, I do not. Ms. Delova has become a defense witness, and I choose not to hear her tell the jury a second time that Mr. Solomon is innocent."
"Mr. Lassiter, do you have any cross?"
"Your Honor, Granny Lassiter didn't raise no idiot children."
"I take that as a no. Then we'll excuse Ms. Delova and Mr. Pincher can call his next witness."
Pincher massaged his forehead with both hands and said, "We request a seventy-two-hour recess in order to . . ."
"To what, Mr. Pincher?"
"To reformulate our case now that we lack an eyewitness."
"That's not a recess. That's a continuance. Motion denied. We're going to try this case to a verdict . . . unless you have anything you'd like to say to the court or to defense counsel."
"Yes, Your Honor." Pincher composed himself for a moment before turning to me. "Would a plea to aggravated assault interest you, Jake? Sentence of time served. Withhold adjudication."
"An hour ago, I would have taken it, Ray. But now, it's a nonstarter."
Pincher sucked in a deep breath. So deep that if he'd been smoking a joint, he'd be halfway to the moon by now. He gave me a grudging little smile. "I don't know how you did it, Jake."
"Hell, neither do I."
He turned back to the judge. "Your Honor, the state cannot proceed and therefore will nol-pros all charges."
"As jeopardy has attached, that would be a dismissal with prejudice," the judge said.
"Of course. The case is over." Pincher shot a look at the court stenographer to make sure she was still typing. I knew what was coming next. The first draft of his official statement to the press. He spoke deliberately. "After due consideration, the state has determined that Nadia Delova killed Nicolai Gorev in self-defense. Gorev was a gangster and member of Bratva, the Russian Mafia. He was armed and threatened both Ms. Delova and Mr. Solomon, a distinguished Miami attorney. Under Stand Your Ground, Ms. Delova had every right to fire the shot that ended Gorev's life. In fact, she is to be commended for her bravery as well as her marksmanship."
Pincher turned to me as if for approval. I gave him a thumbs-up that wouldn't show up on the transcript.
"What about an apology?" Solomon said. "I want an apology on the record."
"Shut up, Solomon," I said. "You just got it. 'Distinguished Miami attorney.'"
"I need to go back in and thank the jury before sending them home," the judge said. "Anybody got anything else to say?"
Victoria wrapped her arms around Solomon's neck and kissed him. "I love you," she said. "And that's on the record."