The Touch of Treason (38 page)

He loved her. It wasn’t capitulation. It was two people hang-gliding in the same direction over the rest of the world.

The telephone clanged into his thoughts. He strode to answer it. Her voice said, “Find any cute nurses to keep you company while I’m laid up?”

He laughed. Like a balloon filling. And she laughed too. And he laughed louder, celebrating their life.

CHAPTER THIRTY-TWO

Judge Drewson had asked both Roberts and Thomassy to a meeting in chambers, a return to the war.

Nobody shook hands. Civility could contaminate.

“I have four things I want to say to you both,” the judge began. “You two don’t like each other. I accept that. But this trial is an adversary proceeding, not a spitting contest. Which brings me to the second point. The purpose of this trial is for a jury to determine, on the facts, whether a particular defendant is guilty of a particular crime with which he is charged. The third thing is that we have had an unholy interruption in our trial that must not permit these proceedings to be tarnished. Of course it is inevitable that the brouhaha yesterday is going to affect some of the jurors in some way none of us is wise enough to determine.”

The judge looked at each of them in turn.

“I feel obliged,” he said, “to advise you that I had a phone call from Washington. Mr. Christov’s defection was genuine. The reasons he gave for doing so in a public place were also genuine. But…
”
He knew he was on dangerous ground and chose his words carefully. “I must ask that this next point be in confidence. Do I have your agreement?”

Roberts nodded too quickly, Thomassy thought.
Was
he in on it?

The judge was waiting for Thomassy’s agreement. He couldn’t seem to be uncooperative while Roberts was kissing ass. Thomassy nodded.

“The government suggested this courtroom as the locale for the defection because they wanted to send a signal to the Russians. One of the things yet to be written in the late Professor Fuller’s manuscript was an assessment of the younger members of the Politburo based on whose protégés they were. That information is desperately needed now. Mr. Christov is in a position to supply some of the facts needed by the people who will be making that assessment now that Fuller is dead. The Soviets are apparently much stronger than we are with agents in place in Britain, France, West Germany, and here that have not yet been identified. We apparently have an advantage in that it’s largely a one-way street with defections from East to West. Christov’s defection couldn’t have been more timely. It could focus the Politburo on their internal power struggles and away from the Middle East, Africa, and Latin America, where their clients have been gaining ground.”

Thomassy thought he saw uncertainty flicker in the judge’s face. “Gentlemen,” the judge said, “I’m no expert in foreign affairs. My expertise lies here. I know that each of you might have grounds for a mistrial. If granted, that would be a great and in my judgment unnecessary expense for the people and for the defense. I hope my sharing a confidence with you will abort any such thoughts you have had overnight. I want to say that in my instructions to the jurors I will tell them to disregard the scene we witnessed yesterday. I will focus them on the issues in this case. I have a lot of faith in what happens once jurors are closeted for discussion. My advice to you would be to do whatever you feel you must do for the record, but to consider the consequences. Moreover, I want you to know ahead of time that I find it inadvisable for either of you to interrupt summations. Remember that if either of you will have reason to appeal—and I don’t like to have my cases appealed any more than anyone else on the bench—the grounds will have to come from the trial itself and not the summations. If either of you waxes eloquent, I’ll rub that wax off. Understood?”

They both nodded. Thomassy didn’t like judges talking kindergarten to him. Maybe it was meant for Roberts.

“My last point, Mr. Thomassy, is this. Professor Tarasova’s testimony was interrupted in a way that required me to ask her to translate some things that have nothing to do with this trial. If you feel you must continue with her testimony—and if you, Mr. Roberts, feel you must cross-examine—we’ll just pick up where we left off. May I have your thoughts?”

Thomassy, as always, did his homework at home. But last night’s thoughts, the phone call from Francine, and his thoughts about the defection left him unprepared. “May I have a minute, Your Honor?” Thomassy asked.

“Take your time,” the judge said, and left them in his chambers.

*

“I’m sorry about your girl friend,” Roberts said when they were alone.

“Thank you. I’m sorrier about her friend.”

“I gather the driver of one of the other vehicles had a strange visitor in the hospital,” Roberts said.

“Oh?”

“It wasn’t you by any chance?”

Thomassy looked at the key chain across Roberts’s vest. Roberts looked down as if his fly were open. “Anything wrong?”

“Why don’t we stick to this case right now.”

“I was just being civil about your girl friend. I understand how you feel. I think you need to be careful.”

“Thank you.” No point in getting Roberts angry.

“Tarasova’s testimony sent a lot of red herrings swimming in front of the jury,” Roberts said.

“We had to look at all the possibilities.”

“You going to continue with her testimony?”

“If I don’t, will you cross?”

“You’d like to redirect, I imagine. Take them through all that KGB garbage again. If you let it go, I’ll let it go.”

When Judge Drewson reentered, Roberts said, “We’ve had a chance to discuss the matter.”

“I assumed you would. Gentlemen?”

“Your honor, I am obliged to move for a mistrial,” Thomassy said.

“I know of your obligations, Mr. Thomassy. Your motion is denied.”

“In that case, Your Honor,” Thomassy said, “I won’t resume Professor Tarasova’s testimony.”

“Good,” the judge said. “Let’s get the show back on the road.”

*

When Tarasova was dismissed as a witness, she wanted to take a seat in back of the courtroom, but her throat was dry as if from fever and so she went out to take a long drink at the water fountain before returning. As she raised her head from the fountain and touched her handkerchief to the corner of her mouth, she saw Leona Fuller coming out of the courtroom toward the same water fountain. Before Tarasova could turn away Leona saw her and stopped. They were ten feet apart, twenty years of memory spinning between them.

Tarasova nodded her head. Leona’s bright eyes blazed. Footsteps clattered on the marble floor all about them, but they sensed only each other, isolated in remembrance.

Leona nodded.

So much time had passed, they might have shaken hands, but they did not. Tarasova stepped aside so that Leona might have a clear path to the water fountain. Leona did not move. And so Tarasova, instead of going back into the courtroom, which belonged to Leona now, headed for the exit, the air, and the world outside.

Tarasova, walking around the courthouse, let the memories come: Martin Fuller, the lion lover, so enormously physical. Her fantasy had been to eat his brain. What a tempest they had been! What fun they had had!

Enough. The breeze cooled her face. The walk did her good. The all-clear sounded in her head. Leona had had him back for twenty years. His insurance was
hers. Hers
the proper widowhood. But his mantle was Tarasova’s. She, once Martin’s other wife, must return to the trial. It was his brain that they had stopped.

CHAPTER THIRTY-THREE

During his Mellon Lectures, Thomassy had told the law students, “Over a period of time you can tell as much about a man by his choice of clothes as his choice of a wife. Clothes are easier to change. What’s more, the defendant’s wife, if he’s got one, doesn’t sit at his side in court. But his clothes are there, and they talk to the jury all the time.”

The usual courtroom costume for someone Ed’s age was a dark suit, white shirt, and a conservative tie designed to make jurors feel they weren’t watching a “young person” but someone who was on the way toward being an accepted part of the community once these flimsy accusations against him could be got out of the way.

“I don’t want you looking like you’d got yourself ready for a wedding,” Thomassy had said to Ed before the trial. And so Ed wore slacks, a sweater over a solid-colored sports shirt, and a corduroy jacket. For his appearance on the witness stand, however, Thomassy had Ed substitute a cream-colored button-down shirt and a knit tie. The sweater under the sports jacket remained. “I’m going for a young professorial look,” Thomassy said. “An almost authority.”

“Do I keep my fly open or closed?” Ed said.

“We’re not trying to cop insanity,” Thomassy snapped. “We want serious attention paid to your answers. I don’t want to have to appeal this case. Think you’ve got the answers straight, or do you want to rehearse again?”

“I’ll be okay.”

“Remember, the DA is going to be bobbing up and down with objections, sometimes just to rattle you.”

“Don’t worry.”

“The judge might pull Roberts and me over to confer at the bench. That leaves you hanging in the witness chair with the jury watching you twitch.”

“I won’t twitch.”

“The whole idea of having a living witness instead of an affidavit is that you form as much of an impression from how someone says something, and how he looks when he says it, as from what he says.”

“I got it, I got it. You have any idea what kind of Spanish Inquisition Ph.D. orals are like? With two, three years’ work on the line?”

“You’ve got thirty years on the line here. When I’m through with you, you’ll have to face a new script I didn’t write. In his cross-examination, Roberts’ll try to show inconsistencies in your testimony. He’ll make you look shifty, he’ll get you nervous, he’ll throw you off balance. He’s a prick, I’ve seen him work. He doesn’t care if you’re guilty or innocent, he only gets a passing grade if the jury finds you guilty, understand?

“Do you care?”

“Care what?”

“If I’m innocent or guilty?”

One of the notations in Thomassy’s devil book said
Never let a client know your verdict. If you opt for innocence and lose the case, it’ll be your fault. If you opt for guilty and win the case, he’ll think he can get away with anything the next time as long as you’re his lawyer.

“I’ll tell you,” Thomassy said, “it doesn’t matter what you are anymore. Just be grateful your lawyer isn’t innocent.”

*

Before court convened, Ed said to him, “You know I don’t believe in taking the oath.”

“You could have told me earlier,” Thomassy said.

“Is it important?” Ed asked.

“Its omission would sure as hell come across as important. Most normal people take the oath without even thinking about it. I want you to come across as a normal person. If you can’t put your hand on the Bible and affirm the oath in a way that sounds like you mean it, I’m not putting you on the stand.”

“You’re blackmailing me,” Ed said.

“That’s right.”

“I’m a free person,” Ed said.

“Temporarily. If you want to cut your own throat, you can do it under somebody else’s auspices.”

*

“State your full name,” Thomassy began.

“Edward Porter Sturbridge, sir.”

Attaboy.

He asked Ed where and when he was born, where he went to school and graduate school, what his majors and minors were, and how he came to select Soviet Affairs as his field of special interest.

“Because of its incontestable relevance to our future,” Ed said.

“Who do you mean by ‘our’?”

“The United States, of course. If I were making a choice of major today, I might opt for China.”

“Would your choice of such countries as subject areas be because you thought of studying the potential or actual enemies of the United States or was your interest derived from a desire to see us emulate their governments?”

Roberts was on his feet. “Your Honor, I have to object. This is a murder trial, not a classroom.”

Judge Drewson slowly turned the ring on his fourth finger in a full circle, as if invoking time in the hope of invoking thought. “I will let the question stand. All of the charges involve intent. The jury is entitled to know all it can about the defendant’s intentions, including those that relate to the work that brought him and Professor Fuller together.”

“Thank you,” Thomassy said, then turned back to Ed with a nod.

“I believe,” Ed said, “that if political science is to be of value in practical affairs, foreign governments should be viewed objectively rather than as friends and enemies. The U.S.S.R. was our ally in World War II. Now the very Chinese government that excoriated the U.S. for thirty years because of its backing for Taiwan, is considered an ally of sorts. Times change. Conditions change. If political science is to be even partially scientific, it must involve the accumulation of fact and perception, not the buttressing of a prior theory or view. Otherwise, we will never be able to adapt to changes in our subject matter. I believe that’s what Professor Fuller taught and the principle that I hope I learned from him.”

Well, he pulled it off, Thomassy thought. The perfectly reasonable young specialist. He bet Roberts was thinking something like
That son-of-a-bitch is going to try to make his client sound like a saint.