“Mr. Serrat got really upset. He pushed me against the wall and started threatening me. I said I hadn’t seen Abby since the night before. Then the Deputy Director started questioning me.”
“Did the Deputy Director read you your Miranda rights?”
“No.”
A blatant lie. Sean couldn’t help but shake his head.
Malik continued, “You have to understand, this was crazy. I had Sean Serrat, a legend in the Supreme Court Bar, getting physical with me and the Deputy Director of the FBI suggesting I did something to Abby. My head was spinning.”
“What happened next?”
“Some other agents came to my house, and Mr. Serrat and the Deputy Director left. The agents took me to the FBI’s field office for questioning. They kept me there all night.”
“Did you agree to the questioning?”
“I went with them, if that’s what you mean. I didn’t feel like I had a choice.”
“You heard Deputy Director Pacini mention that the video from the Supreme Court had been tampered with?”
Fallon broke in: “Your Honor, defendant’s motion seeks to exclude the recording based on Fourth Amendment violations that allegedly took place at his home. Defendant’s views about the tape itself are irrelevant.”
Blake Hellstrom furrowed his brow. “Your Honor, it’s true that we are claiming that the tape is a fruit of the poisonous tree. But the recording, as the government’s own witness acknowledged, was altered. They seemed to suggest it was altered by my client, so I think the court would benefit from hearing from him on this point.”
“Overruled.”
Hellstrom continued, “Did you alter the Supreme Court’s surveillance video?”
“Of course not. I’ve never even been to the police office and certainly wouldn’t have any idea how to delete something from their system.”
“Do you know anyone else who had access to the building that night?”
“The Supreme Court building was filled with people the night Abby was killed. There was a reception for the Rex Lee awards.”
“Could anyone else have access to the police office?”
“The building is like a small town with hundreds of employees, so any number of people could have gone there either the night Abby was killed or the next day before she was found.”
“But the video shows you entering the building?”
“Yes. Abby had gotten upset at dinner and stormed out. I picked her up on the street and gave her a ride. After I dropped her at the Supreme Court, I wanted to talk to her some more about things, so I parked and went to the library.”
“So why did you tell the Deputy Director otherwise?”
“I said no such thing.”
Another lie. Sean’s jaw clenched.
“Did you see Abby in the library?”
Another thoughtful look from Malik. “Yes.”
The room filled with murmurs. The media had some new information. Malik Montgomery had just admitted to seeing Abby right before she was murdered. Emily tightened her grip on Sean’s hand.
“Did you speak with her?”
“No.”
“Why not?”
“I went into the library and the lights were out. I walked toward the stacks. I didn’t see anyone but I thought I heard someone in the back of the Reading Room.”
“And what happened?”
“I walked to the back where there’s these two leather sofas. I didn’t see Abby at first, but as I got closer I saw her.”
“What did you see?”
At this, the courtroom seemed to freeze. The spectators made no sound and the lawyers were statues. Even the judge was still, her eyes fixed on Malik. Sean couldn’t seem to exhale.
“She was with a man. They were on the couch. He was on top of her. I couldn’t see who he was or anything but the back of him. But it was obvious. They were having sex.”
CHAPTER 73
Judge Chin wacked her gavel at the ruckus that had erupted in the gallery. Patti Fallon was on her feet virtually yelling her objections as the U.S. marshals called for the spectator section to quiet.
“You two,” Judge Chin’s voice cut through the melee. She pointed her gavel at Hellstrom and then Fallon. “My chambers. Now.”
The lawyers sheepishly followed the judge through the door in the rear of the courtroom. The court reporter gathered her gear and trailed behind. The buzz in the room grew louder as reporters and spectators milled out. Cecilia barged a path for Sean and Emily to leave.
For their part, the Serrats played stoic, in part out of shock, in part to not give the media a reaction. They followed Cecilia to an anteroom Patti Fallon had reserved for them.
“I’ll be right outside if you need anything,” Cecilia said.
When the door clicked shut, Emily buried her head in Sean’s neck and began sobbing. Sean tried to keep it together, if only for her. He was having a hard time absorbing everything, his mind and body overwhelmed with adrenaline and confusion over Malik’s testimony. “We can go,” he said at last, in a sort of fight-or-flight haze. “We don’t have to listen to this.”