“Back on the record,” the judge said.
“Can I add something to my previous testimony?” Alex Zhukovsky said. “I remembered something during the break.” He grinned.
“I object to that,” Nina said, perturbed. What was with this incongruous grin? “There’s no question pending.”
Jaime spoke to the judge, but dithering, plainly wanting something beneficial to the prosecution to emerge from Zhukovsky’s testimony, but uncertain about what to expect. The courtroom scraped and scuffled while the judge considered. Finally, the judge said sternly, “Do you remember the question that you wish to answer again?”
“Yes,” Zhukovsky said. “Mr. Sandoval asked me if my sister ever mentioned the name of Stefan Wyatt.”
“Objection!” Nina said. “That has been asked and answered.”
The judge sent out the jury again, who must have been tired of all the back and forth, adjourning court for five minutes. The lawyers followed him and the clerk back into chambers. After a brief, furious fracas, during which time Nina resorted to every trick, every blackmail, every shaky legal antic she could muster, they all returned, the judge red-faced, Nina breathing fast, Jaime triumphant with glee. The jurors fell into their chairs. Four o’clock, the wall clock read. Nina couldn’t recall a longer day in her life. She took her place facing Alex Zhukovsky.
“You may supplement your answer to the question,” said Judge Salas.
The clerk read it: “‘Did your sister ever mention the names Stef Wyatt or Stefan Wyatt to you?’”
“Yes.”
“You may cross-examine on that point.”
“Thank you, Your Honor,” Nina said, hoping to disguise her fury, but aware that her neck wore its signaling red flag of mortification. She pulled up her collar. “Mr. Zhukovsky, why did you testify earlier that your sister did not mention that name to you?”
“I forgot she mentioned it.”
“Did you ever tell the District Attorney’s office what you have just testified?”
“No. I remembered during the break. My testimony today-being here-brought it back.”
“An hour ago your sister had no connection you knew about with the defendant, and now all of a sudden she does?” She let a smidgeon of her contempt leak into the question.
“I’m sorry,” Zhukovsky said, hanging his head. “It wasn’t very important at the time.”
Right. He’s accused of killing your sister, and you casually forgot to mention a crucial fact about that for four months. Well, screw you, Nina tried to convey with her shoulders and the twist of her mouth, you unprincipled creep. “All right, exactly what did your sister say about the defendant?” she asked politely.
“That she knew a guy who did odd jobs. She named him.”
This brutal attack on Stefan Wyatt killed all action in the court.
Odd jobs, Nina thought, stunned at this turn of events and the strangeness of Zhukovsky’s statement. Well, digging up graves certainly qualified!
“When did your sister say this?” she asked.
Zhukovsky told the court that the conversation had taken place at the end of the first day of the conference.
“What else did she tell you?”
“Nothing. That’s why I forgot it until now. But she did say that.”
Everyone understood by now. He had linked Stefan with his dead sister, defendant with victim.
Head turned away from the jury, Nina took four quick breaths and gathered all her composure. “So, Mr. Zhukovsky, is it your belief that it was Christina Zhukovsky who hired Stefan Wyatt to dig up your father’s bones? Why would she do that?”
He shook his head. “I don’t know. Maybe for the medal.”
“Isn’t it true that your testimony that your sister mentioned the defendant’s name is perjured testimony?”
“No.”
“Isn’t it true that you just thought this up on the break because it casts suspicion away from you and no one can refute it?”
“I had forgotten.”
Sadistically wishing she could kick him, she enjoyed the way his knuckles tightened at the question, and a moist sheen of additional testimony sprang up to speak on his balding forehead. She waited until she could sound patient, solemn, reliable. As opposed to him. “For five months you didn’t remember your sister mentioned the name of the man you seem to think killed her?” she asked.
“I forgot.” He finally seemed to have registered how absurd he sounded, and appeared as disturbed as the jury at the notion.
“You know very well that your testimony is the first link anyone has given between the defendant and your sister, don’t you? You know how helpful this is to the prosecution? But you don’t mention it for five-”
“Objection!” the prosecutor had finally jumped to his feet.
In a move calculated to coincide with what she was sensing from the jury, Nina openly let her disgust with the witness show. She paced up and down in front of the witness box, clenching and unclenching her fists. She felt the eyes of the courtroom following her, and welcomed their notice.
“She’s badgering the witness,” Jaime said. He saw what Nina was doing but didn’t know how to stop her. He also seemed very aware of the mood in the courtroom, which could generally be described as pissed. Juries hated being confused.
“Sustained.”
“Mr. Zhukovsky, why didn’t you testify about this on direct examination?”
“I was nervous.”
“What made you nervous? Your intent to commit perjury?”
“Objection,” Sandoval said. “Your Honor…”
“Withdrawn.” Nina thought a moment, and just when Alex was beginning to compose himself, said, “So you are saying your sister, Christina, might have hired this defendant to dig up that medal?”
The outlines of Alex’s mistake became instantly clear to everyone. He had wanted to connect Christina and Stefan. Jaime Sandoval had begged for a connection, and had in fact looked pleased for that one moment, when the connection caught. But now, if the jury believed Christina had hired Stefan, Stefan might no longer be convicted of the independent felony charge of grand theft for taking the medal, because the defense would explain that Christina had hired Stefan to bring their father’s medal to her, making what first appeared to be a theft no longer a theft.
The prosecutor had carefully explained that Stefan could be put in prison for life just for stealing the medal, because it was his third felony conviction and California had a third-strike rule. Now, if Stefan didn’t get convicted for murder, he might actually go free.
Along with all the courtroom, Jaime was figuring this out, too. He was not pleased.
“Believe me,” Alex Zhukovsky blurted, taking a last stab toward credibility. “Christina wouldn’t want that medal any more than I did.”
Nina objected, trying to stop him, but he talked over her, his voice rising to overcome hers. “I expect they got to talking and she mentioned it for some reason, then Wyatt killed her and stole it meaning to sell it. Thinking he’d be rich, from killing my sister. Getting maybe five thousand crummy dollars! Killing her for that!”
The whole time he ranted, Nina shouted for him to stop, but he kept on until he had finished. “Mr. Zhukovsky, you would say anything to convict Stefan Wyatt, wouldn’t you?”
“Oh, fuck you.”
“Mr. Zhukovsky!” the judge said.
“Sorry! Sorry!”
“Mr. Zhukovsky, even considering the fact that you’ve demonstrated a faulty memory, let me ask you one final question,” Nina said, adamant, knowing Jaime was ready to object, but hoping he wasn’t quick enough. “Who is the one person in this courtroom with an irrefutable connection both to the victim, Christina, who was your sister, and to the man lying in that grave, who was your father, Constantin Zhukovsky?”
His face popped, his eyes bulged, his arm muscles contracted, his body appeared ready to leap forward. Why, he was so upset, his body told them all, he could strangle her.
“No more questions,” Nina said serenely. She sailed over to the defense table and sat down.