Unfit to Practice

“So the writing is consistent with the writing in the rest of the document?” Nolan asked.

“Yes, it’s consistent. But-”

“There is therefore no evid-”

“Objection,” Jack said. “Let the witness finish. He was stopped before he could complete his answer.”

“Did you wish to add to your answer?” Judge Brock said.

Ignoring Nolan, who clearly did not want him to continue, Dr. Pell said, “Yes. I have to add that while it is consistent, that does not mean that I can conclude that this sample is indeed the handwriting of the defendant. It’s consistent, but then a passable forgery will be consistent. I simply don’t have enough to go on. I can only say that there is insufficient evidence to conclude these nineteen words were forged.”

“There is no evidence that this is a forgery, Dr. Pell,” Nolan said. “None. Is that correct?”

“That is correct.”

Jack cross-examined Dr. Pell, making sure he reiterated his inability to draw a conclusion either way. So far, Pell had not injured them fatally and Jack kept it that way, sticking to his own agenda, making his points without allowing any wiggle room. Apparently Nolan had had the same trouble they had finding an unequivocal opinion.

Dr. Pell stepped down, leaving them all understanding that there was no way expert testimony would prove whether or not Nina had written the final words.

What they had in the Vang case at this point were two conflicting pieces of evidence: the writing itself, apparently made in the usual course of business and therefore legally presumed to be what it purported to be, and Nina’s testimony along with Sandy’s addition, bless her heart.

The only other witness they had would be Mrs. Vang, who had arrived and was waiting outside with the omnipresent Dr. Mai. She would testify that Kao Vang had spent the evening and night with her and therefore could not have set the fire.

During the preceding six months, much had happened in the Vang family. Kao Vang had left town and by all accounts was back in his home village in the middle hills of Laos, but he didn’t answer his letters. Mrs. Vang had divorced him and was now studying computer science at Fresno State. The children had stayed with her.

Nina had continued to learn about the Hmong in America and by now realized what tremendous steps away from tradition Mrs. Vang had taken in obtaining a divorce, in living alone, and even in keeping the children, who ordinarily would have stayed with the father’s family. The Vangs had suffered in the U.S. but they had survived, each in separate ways.

Kao Vang had taken his share of the money ahead of the insurance company’s lawyers and was a rich man now in his home country, pretty much untouchable by Heritage. But Mrs. Vang’s share of the settlement check had been placed in an escrow account pending the outcome of a civil lawsuit alleging fraud, which Heritage had filed against the Vangs.

And against Nina, as a coconspirator. She had been sued by Heritage, but the proceedings were on hold while this proceeding went forward. The fight over Mrs. Vang’s share of the settlement money, of course, meant that today, in this court, Mrs. Vang had a credibility problem, which Nina knew would be exploited to the fullest extent by Gayle Nolan.

Small and unassuming, Mrs. Vang came in, was sworn, and took the stand.

When a witness first sits down, an instant occurs in the box during which the rest of the courtroom takes a long look and forms impressions. Nina’s first reaction was personal. Mrs. Vang looked better than Nina had ever seen her. Her posture was erect and the exhausted expression from the days of collecting receipts and making the claim was gone. She wore a modest pantsuit and held a stylish purse in her lap. She did not look like a liar.

Nina’s second reaction was professional. Mrs. Vang might make an impressive witness. They should get everything they could from her. Jack watched her, too, squinting in his concentration, no doubt forming a similar opinion.

The only problem was that Mrs. Vang’s answers would have to be translated. She spoke only limited English. Nolan had agreed without comment that, in the absence of a local certified Hmong-language translator, Dr. Mai could interpret. Sitting in a chair directly in front of Mrs. Vang, between Nolan and the witness box, Dr. Mai wore the same old shirt and pants. He made no eye contact with Nina or Jack.

Judge Brock looked tired. Naptime. Not good. He consulted with his clerk in whispers.

“Good afternoon, Mrs. Vang.”

Dr. Mai spoke briefly and she answered softly in English, “Good afternoon.”

Jack took her through the litany of misfortune that had befallen the family, first in Laos, then in the U.S. He came to the second robbery, in which Kao Vang had been armed and shot and killed the robber at the Blue Star Market.

“And you were present when all this occurred?”

“I was in the back room looking out through the curtain, very frightened. Mr. Vang, he pulled out the gun from under the cash register and he shot this man, Song Thoj.” Dr. Mai translated her words carefully, without emotion.

“What about the other man?”

Mrs. Vang looked troubled. She obviously didn’t want to talk about the other robber. She looked at Dr. Mai, who frowned.

“There was another person at the store that night, wasn’t there?” Jack said. “Mrs. Vang, you have sworn to tell the truth.”

She spoke. Dr. Mai’s frown deepened. He hesitated. A long moment passed before he translated her answer. “How did you know that?”

“Just answer the question,” Judge Brock told her.

Jack was already satisfied. He had established his new arson suspect but he forayed further, just as Nina would have done.

“Yes, there were two of them,” Mrs. Vang said quietly.

“And what happened after Mr. Vang shot one of them? What did the second person do?”

“Ran away.”

“And, to your knowledge, was this person ever arrested in co

Struggling with herself, she shook her head. She did not want to say anything but did not want to commit perjury either.

“Speak up,” Brock said again, and she answered, “No.”

“So to your knowledge, this second robber saw his partner shot by Mr. Vang and he got away.”

“Yes.”

“Then your store burned to the ground some two months later?”

“Yes. Completely destroyed.”

“During the night of July fourth and into the following morning?”

“Yes. Independence Day it started burning. The fire went on for many hours.”

She spoke without rancor but Nina could hear the emotion camouflaged by her impassivity.

“And you were where during that entire night?” Jack asked.

“I worked at the store until five. Mr. Vang worked until twelve and then closed up. He came home by twelve-fifteen A.M. I was awake. We went to bed. About four A.M. the fire department called us to say the store was on fire. We went there right away without even taking the time to get dressed. Our Blue Star Market had already collapsed. Everything gone.”

Jack said, “Now, Mrs. Vang, was Mr. Vang with you that whole night between the time he got home and the time the fire department called?”

“Yes. We were in bed.”

“And you were present in Ms. Reilly’s office during the time of the first consultation with her?”

“Yes.”

“Did you or your husband ever tell Ms. Reilly that he started the fire himself?”

“No. We never said anything like that.”

“Thank you. Nothing further.”

Jack sat down, smiling.

Nina whispered, “You should have asked-”

“I got what we needed. Shh,” Jack said.

Nolan started in on Mrs. Vang. “So let’s see. Mrs. Vang, you’re telling us that your, um, ex-husband had nothing to do with this fire. Right?”

“Yes.”

“And you collected, or tried to collect, between the two of you, two hundred ten thousand dollars as a result of this fire.”