Masha Gessen (36:58)
Many criminal defendants don't testify at their own trials. The jury has already heard the prosecution's case and they're thinking there's at least a good chance that the defendant is lying. Most people, even when they are telling the truth, struggle to sound consistent, convincing and sympathetic, and it's hard to keep your wits about you under cross examination. So most defense attorneys advise most of their clients to leave the talking to the professionals. The public defender, Candice Mitchell, had decades of experience in public service. Mitchell was also a black woman like Priscilla Lucky Allen to have her addressing the jury on his behalf. But this was Alan, the guy who was fired from his one and only law firm job for basically acting like he knew better than everyone else. The guy who wrote a two page email to a police detective trying to convince him that taking O to Canada in violation of a court order was innocuous behavior. The guy who had never been in a room he didn't expect to Win over, Of course. Allen took the stand and stayed on it for a day and a half to be sure. This was a very different Alan than I'd seen before. This was thin Allen, old Alan, stooped Allen with a long beard. The Allen I knew was the biggest presence at any family gathering. And we're not exactly a group of wallflowers. This Allen spoke so softly that even with amplification, everyone strained to hear him. Within a couple of minutes of taking the stand, Alan was crying. He was recalling the first months of Oh's life. Oh was born in Zimbabwe at 26 weeks. No one knew if he could survive. Oh spent 78 days in the NICU. Allen asked for tissues, and a few seconds later, led by his defense attorney, he was talking about money, about paying off the security guards at the hospital in Harare to bring in equipment and, as he claimed, quote, rebuilt the whole neonatal unit. He said that he installed oxygen tanks and humidifiers and changed the lighting to make it more diffused and covered the incubators and installed speakers in the incubators to place Chopin and Debussy. The defense seemed to be trying to show that Allen was a devoted father, but also, more important, that he was used to solving his problems by bribing people. So this was Alan's defense. That he bribed his way through life and that all he ever wanted was to bribe someone to get Priscilla deported but not to have her killed. Only he didn't think it would cost so much money. Well, my first thought was that I didn't have $100,000. In fact, he had no money at all. He was in debt. But he couldn't say this to David because he had to project success. Instead, after talking about the bulletproof vest factory and after coffee, Alan asked David about it. Cheaper way to get rid of her. What did he think that would be? His defense attorney asked. I think it's the Immigration Customs Enforcement who actually take people and physically remove them from the United States. Meaning he thought that instead of bribing some highly placed official to deport Priscilla through the immigration court system, Allen would be bribing ICE officers to remove her from the country physically. This was long before just this sort of thing. Masked ICE officers physically grabbing people, shoving them into unmarked vans, and having them transported to third countries was in the news all the time. Rather, Allen testified, he got the idea from movies. What about throwing the words definite and permanent around here? Alan offered a whole linguistic analysis. It was David who used the word permanent. Alan had said, definitely. And he said, for me the word definite means something that is certain to happen, that is more likely to happen. Now, David's response to it is permanent, which is very different from definite. Permanent is something that's irreversible. As for his concerns about not exposing children to violence, he meant just the grab and drag Priscilla out of the room kind of violence, not the killing kind. Allen claimed that he didn't write some of the signal messages that had been entered into evidence. But yes, he did write the I am absolutely ambivalent one. He explained that the tone of my response is kind of, I'm on holiday with kids, why are you bothering me? And he explained what the exchange supposedly meant. There may be other illegal immigrants present when the raid happens and they will be exited, meaning removed from the country. Like maybe they'd grabbed Priscilla's sister, who was also in the US or the Zimbabwean family she was staying with. So, yes, he didn't want Priscilla killed, only stuffed in the trunk of a car, possibly with other people who happened to be around, and driven out of the country. And once Priscilla was eventually back in Zimbabwe, they would quote co parent internationally. Eli Hosseini, the prosecutor, seemed really angry now, outraged that Allen, a lawyer, would do everything he appeared to have done. Kidnap o, kidnap O again, and then arrange to have Priscilla killed while claiming that he wanted her. Only while kidnapped, I was right there with her. I couldn't believe Alan's chutzpah in taking the stand, in expecting anyone to take his defense seriously. I mean, I literally couldn't believe most of what he said. Neither could Ms. Hosseini on cross examination. She had these kinds of exchanges with Allen once she was deported. Yesterday you said you planned to co parent with her internationally. Correct? And that made sense to you at the time? Yes. You both lived in Boston and you want her deported to Zimbabwe so you can both co parent internationally? Um, yes. The two of you living in Boston, is that closer in terms of geography or the United States and Zimbabwe? Definitely in Boston is closer than Boston and Zimbabwe. Nonetheless, your goal was not to separate Priscilla from the children, was it? When she was done with him, Ilham Hosseini hadn't just destroyed Alan's defense, she had thoroughly humiliated him. This made me happy. What the hell was wrong with me? I think I can honestly say that I had never before enjoyed seeing someone humiliated in public. If a movie or a play contains even a hint of ridicule, if the director is mean to their characters, I find it unbearable to watch. And here I was rejoicing in the ritual shaming of my cousin, a person I can still see as a naked, pudgy baby with a full head of curls. And the person I identified most with at the trial was the prosecutor. This, too, had never happened to me. I'd never thought you'd go, girl. When watching an assistant U.S. attorney pound away at a defendant whom she wants to get locked up. I have covered dozens of trials in this country and elsewhere. I spent a couple of years immersed in American terrorism trials where most of the evidence came from FBI agents. I'd seen defendants who had done monstrous things like set off bombs at the Boston Marathon and stupid things like dispose of the evidence. And I'd never before wanted anyone, anyone, to get the maximum sentence. I had never before disregarded defense arguments so completely. And I'd never before trusted the testimony of an undercover agent so fully. If I paused to think about it, I'd have to note that there was something very odd about some of those signal messages, which were shown not as screenshots, but as pictures of a phone taken with another phone and which contained incorrect ages for both kids. But even though I have known the FBI to manufacture evidence, I had no patience for the public defender's focus on these strange messages, and also no empathy. The jury deliberated for just a few hours. There couldn't have been much of a disagreement. Guilty. I texted my father. Understood, he responded. Nine minutes later, he added, as you might have guessed, I am not surprised. None of us had any doubt anymore.