Alibi (34 page)

“His claims are ridiculous, his grandstanding unforgivable. There is no way on earth, in a state that upholds the principles of
Roe v. Wade
, that the court should consider the termination of this fetus’ existence as feticide.”

David was referring to the groundbreaking 1973 US Supreme Court decision that ruled most laws against abortion violated a constitutional right to privacy. The decision overturned all state laws outlawing or restricting abortion, thereby becoming one of the most controversial cases in Supreme Court history.

“As for the cases Mr. Katz referenced in court, all were in regard to viable fetuses of twenty-three weeks or more and—”

“This case has nothing to do with
Roe v. Wade
,” interrupted Katz, “which by the way is being challenged by what new studies reveal to be as many as thirty-four of the fifty states. Feticide law differs greatly from abortion cases in that the issue of a woman’s choice is not in play.

“We are talking about murder, Judge,” said Katz, taking a step forward in an effort to make his point. “The brutal death of an unborn boy who, if James Matheson had not interfered, would have, in all probability, grown to adult manhood.”

“Your Honor,” countered a now furious David. “For every case Mr. Katz quotes on the viability of feticide, I can refer to ten more that rule a child cannot be termed a human being until it is born alive or, in the very least ‘viable.’ My client has not only had to suffer the injustice of being wrongly accused of his girlfriend’s murder, but now has had to sit through the ADA’s selfishly motivated mantra to use what is more than likely my client’s unborn child as a bargaining chip to secure the maximum sentence.”

“I can understand Mr. Cavanaugh’s distress,” said Katz. “But in all honesty, this is not about severity of sentence nor about protecting the defendant’s sensibilities. It is about justice.”

“Ambition, more like it,” said David.

“Shut up, the both of you,” said Stein. The judge moved in front of his desk, pushing various papers out of his way so that he might perch himself on the front edge to stare the two men directly in the eye.

“What are you after, Mr. Katz?” he asked after a time. “One count of murder for the girl, and involuntary manslaughter for the unborn child?”

“No, Your Honor. The Commonwealth calls for two counts of murder one—with the penalty being two life sentences to be served consecutively.”

“
What? That is insane,
” insisted David. “Murder one requires premeditation. My client only found out about this pregnancy yesterday. In fact, I was the one who told him.”

“Matheson is a top-notch law student. He knows how to play the game,” countered the Kat.

“Not everyone who studies law sees it as a stepping-stone to self-gratification, Roger.”

“All right, gentlemen,” said Stein, his arms now raised in mock surrender, signaling he had had enough. “Let’s get a few things straight, shall we?” The judge took a breath, and exhaled with a sigh before moving on. “Firstly, if either of you ever use my courtroom, or my chambers for that matter, as a boxing ring again, I shall send you both to the county lockup. Do I make myself clear?”

“Yes, Your Honor,” said Katz, as David nodded.

“And Mr. Katz, you hijack my courtroom again with the high jinks just demonstrated and I will demand another prosecutor be assigned to the case.”

“I apologize, Judge,” said Katz. “But my interests were only ever grounded in a desire to . . .”

“Secondly, Mr. Cavanaugh,” said Stein, obviously now deciding it was time to do some interrupting of his own. “I agree with your argument that viability is the major issue here. Thirteen weeks is early, Mr. Katz,” he said, turning to the ADA. “You are entering uncharted territory here and, worse still, inviting a frenetic free-for-all for anyone with any sort of opinion on the issue of fetal personhood.

“I . . . ,” Katz began.

“Shut up, Mr. Katz. I have not finished.”

“That being said,” the judge went on, “despite my feelings on the issue . . .” Stein stole a quick glance at David. “The law requires me to in the very least consider the double charge of murder, on the basis that this trial, if indeed one comes to fruition, appears before a panel of twelve unbiased jurors.”

“Judge,”
a now furious David begun.

“No, Mr. Cavanaugh, you must allow me to finish. With this consideration, Mr. Katz,” said Stein, focusing on the ADA once again, “comes the stipulation that the jury must have the fall-back charge of involuntary manslaughter in regards to the unborn child—and the appropriate lesser penalty that accompanies it.

“In short, it will be up to you, Mr. Katz, to convince the jury that the defendant committed two crimes, both with malice aforethought, on the night of September 11. And it will be up to you, Mr. Cavanaugh,” he said, turning back to David, “to convince the same lucky dozen that your client is guilty of nothing more than falling in love with the wrong girl.”

“Your Honor,
please
,” David begged.

“I am sorry, Mr. Cavanaugh, but that is my decision. Now get out, both of you, and leave an old man to ponder the travesty of his lot. Playing judge is one thing,” he said as he shook his head, “but playing God—well, that is entirely another.”

“Dear God,” said Sara as she perched herself on the edge of Arthur’s sofa. She, Arthur and Nora were now staring at the television at the far end of Arthur’s corner office, mesmerized by the news flash being beamed live from outside the Suffolk County Superior Court.

“Yes, Anita,” said the attractive female reporter with the serious expression now in a live two-way with her equally as striking studio anchor. “Assistant District Attorney Roger Katz has called for a second charge—of feticide—against Deane Law student James Matheson. And while the latter half of arraignment proceedings occurred in the judge’s private chambers, it is believed the ADA will be asking for the maximum charge of murder one.

“It is also believed the ADA will be asking for the maximum penalty of two consecutive life terms, which means if convicted, twenty-two-year-old Matheson will be spending the rest of his life in jail.” The screen split then, so that Katrina might share the limelight with the similarly grave-faced Anita.

“So the next step will be to await the judge’s decision,” said Anita.

“Yes, in fact,” said Katrina, flipping her shoulder-length blond locks to the side as she read from a note being handed to her from her on-site producer, “we are being told the ADA is about to exit the court building behind us here.” She gestured. “And has agreed to make a statement. He, ah . . . here he comes now.”

Katrina turned with a flurry of similarly coiffed on-air reporters and more casually dressed journalists to shove and hustle toward the now emerging ADA. Katz advanced, chest out, head high, with an expression that spoke of the seriousness of his business, the burden of the task ahead, and yet his undeniable determination to seek justice, no matter what the cost.

“Ladies and gentlemen,” he said, his raised hands now calling for silence. “You have no doubt heard of the Commonwealth’s intention to call for the introduction of a second charge of murder in the Nagoshi case. This second charge refers to the feticide of an unborn boy whose life was extinguished the moment James Matheson brutally bludgeoned and strangled the child’s mother to death.”

Katz paused then, allowing the din to diminish to an almost eerie calm.

“I am pleased to say that Judge Stein has agreed with the District Attorney’s Office that two crimes were committed on the night of September 11, and moments ago formally charged the defendant with double counts of murder one.”

The crowd let out a gasp, a mix of horror, surprise and, on the media’s part, plain old-fashioned exuberance at the promise of a guaranteed ratings and circulation bonanza for months to come.

“The District Attorney’s Office is devoted to convicting criminals,” Katz went on when the noise subsided, “no matter what their background or circumstance, and this case is a perfect example of our determination to secure justice.

“I can assure you that James Matheson, despite his obvious life advantages, will meet with the full force of the law and I will do everything in my power to secure both convictions and hopefully, in the process, provide the Nagoshi family with some semblance of peace. That is all. Thank you.”

“Good Lord,” said Nora.

“Katz is out for blood,” said Arthur.

“Matheson’s,” added Sara. “And David’s as well.”

John Nagoshi lifted his eyes from the television and stared across the expanse of his open-plan Wellesley living room. Peter sat stony faced on the cream-colored sofa, his cheeks still swollen, his nose covered in a bandaged splint that reached down toward his mouth, making him look somewhat like a grey-hound wearing an oversized muzzle. He adjusted his position so that he might return his father’s glance, his neck obviously still stiff and swollen from Saturday evening’s altercation. “Did he tell you of this?” he asked, his voice thick and nasally.

“No,” said John Nagoshi. “In fact, Mr. Katz promised he would keep the pregnancy quiet until paternity was resolved.”

“Then he is a liar.”

“Yes.”

They both said nothing.

“Still, my father,” said Peter at last. “Perhaps it is for the best. No matter how he was conceived, your grandson deserves to be acknowledged, and if this secures a purposeful sentence for Matheson . . .”

Nagoshi took a breath at Peter’s distaste at the child’s conception, his mind casting back to his son’s outburst in Katz’s conference room last week.

“It is not the result that concerns me,
segare
,” said Nagoshi, knowing there was little he could do to change Peter’s disapproval of his sister’s affair. “But the motivation behind it. True peace cannot be achieved without sincerity; egotism is the primary cause of human anguish.”

“This is not just about
wa
, Father,” said Peter, referring to the Japanese term for harmony. “Do not forget the examples of our Samurai forefathers.
Adauchi
brought them peace.”

“No,
segare
,” said Nagoshi with a new passion. “
Adauchi
does not bring peace. Vendetta and revenge only bring sadness of heart and further retribution. A true man knows that revenge is best dealt with by forgetting it.”

“Forgive me, Father, but they are hollow words spoken by men of little courage.”

Nagoshi took another breath, his son’s harsh perspective sending a slip of fear and foreboding down his spine. There were times when Nagoshi looked at his son only to see a stranger, and this troubling sensation was more frequent of late.

“Be careful,
segare
,” he said at last. “This is not what your sister would want.”

“Then she should not have chosen the path she chose, and started this disaster in the first place.”

“He’s here,” said Sara when she saw him open the outer office door.

“Come on in, lad,” said Arthur.

“I’ll get you a coffee,” said Nora.

“David, I don’t believe this,” began Sara as David moved into Arthur’s office, throwing his briefcase on the sofa. “It is not possible. He can’t get away with it.”

“Yes he
can
, Sara,” said an obviously furious David, now tugging off his overcoat and pacing the room. “In fact, he just did.”

“I can’t believe Stein allowed it,” said Arthur.

“Katz was very convincing,” said David, stopping short in front of Arthur’s desk. “It was my fault. I wasn’t prepared. I should have seen this coming.”

“How?” asked Sara, now joining them to form a huddle of three. “This is totally out of left field.”

“No,” countered David. “Joe told me Katz had been with the ME all day yesterday. I thought he was hassling Gus for paternity results, but obviously he was after an age of the fetus. I underestimated him.”