CHAPTER TWENTY-NINE

Tuesday morning was clear, but raw and windy. As he climbed the five stairs, Parker sent up a silent prayer. PLEASE let this be over today.

The jury was quiet until four P.M., when the foreperson signed their final note: “We the jury are unable to reach a verdict, despite our very best efforts.”

“Zannis can’t give a second deadlock charge,” Parker said to Kyra, with a big grin. “This thing is done.”

Kyra didn’t share his enthusiasm. “For now,” she answered glumly.

Justice Zannis took the bench and repeated to the courtroom exactly what Parker told Kyra. She couldn’t push a deadlocked jury twice without being guilty of coercion. She recalled the jury to thank them for their service and send them home for Thanksgiving.

In the box, the division was again obvious. Eleven jurors kept their eyes locked on the judge, with a few adding an apologetic glance at Andy Kwon. Number 7 looked directly at Kyra, a tired but satisfied look on her face. I saved you, her face seemed to say. I alone rescued you.

When the jury was gone, Justice Zannis addressed Kwon. “Do you have any applications, Mr. Kwon?”

Kwon quickly stood and was clearly angry, speaking louder than necessary. “Yes, Your Honor. The District Attorney intends to retry this case as soon as the court gives us a date, and we ask that the defendant be detained pending retrial. She has now seen the strength of the prosecution’s case and surely knows she narrowly avoided conviction. Her incentive to flee has increased immeasurably. Only with her at Rikers Island can the People of New York be sure we will have a retrial.”

At the word Rikers, Kyra took a sharp breath and put her hand on Parker’s arm. He began to stand, but Justice Zannis held up her palm to stop him. “No, Mr. Parker, no need,” she said calmly. “Mr. Kwon, I believe your application to be ill founded. This defendant has had a clear view of the evidence ever since you provided the required pretrial discovery. There were few surprises at this trial, at least to my understanding. Your failure to convict surely doesn’t increase her incentives to flee. The conditions of release will remain in effect.”

Justice Zannis stopped for a moment, before adding, “With the additional condition of an electronic monitoring bracelet for Mrs. Burke.”

Smart, Parker thought. She’s worried the DA will appeal on bail. Hard for them with the addition of electronic monitoring. He decided not to fight the bracelet. He could explain it to Kyra. Parker tried to meet Kwon’s eye before exiting the courtroom, but Kwon was having none of it. He gathered his files and left without a word or a nod. Kid’s gotta learn. Never let the other side see your emotions, because that equals weakness.

Back in the defense room, he was surprised when Kyra gave him a long hug and held it, thanking him again and again. She didn’t even ask about the monitoring thing, but he explained how it would work anyway. “I’ll put Columbia’s campus in the judge’s order as a place you’re permitted to go. And get me the address of the South Bronx mentoring place you talked about.”

“Oh,” Kyra answered, “that isn’t necessary. I said I started it but I just got too busy to keep it going. And the city has lots of programs for kids. So Columbia is fine.”

Parker paused but he was too tired to follow up. “Just go home and stay there for now. Avoid the press, avoid everybody, and don’t talk to anyone you don’t completely trust.” Then he grabbed his phone and sent Benny a long string of kissy-face emojis before heading out to the gauntlet of media, and a few stiff drinks.

They were back in the FBI conference room and Benny was whispering to Nora as the technicians set up. “Ya know, I badmouth the Bu from time to time, but when they put their minds to something, especially if it’s some tech shit, they are unfuckingbelievable.”

Nora gave him a kind look and faced forward as the show began. The FBI had assembled a movie from dozens of camera clips. There was no sound, but somehow that made it more chilling to watch Gina get in the elevator on her floor at the Lucerne Hotel, her hair already covered by a blonde wig, ride to the lobby, and walk out to the street. She strolled as if enjoying an after-dinner walk on a Manhattan evening, her hands in the deep pockets of her black Prada gabardine raincoat. When she reached Seventy-Seventh Street, she paused in front of a store window, pulling a blue Hermès scarf from her pocket. Looking directly at the camera, which recorded her as if behind a two-way mirror, she faced the glass to knot the scarf under her chin, tugging gently at the wig with gloved hands to ensure the blonde hair still showed. Next, she removed Jackie O sunglasses from her pocket and put them on before continuing her stroll. Down two blocks to Central Park West, she turned and headed past the museum to Burke’s building. For that section of the walk, camera coverage was less complete, but she soon appeared in the now-familiar footage passing Mr. Ramirez.

Several minutes later, she left, raising the gloved hand to acknowledge Ramirez’s greeting and walking south on Central Park West. The camera coverage of the route past the museum was again limited, but a city bus camera captured her near the spot where the bronze equestrian Teddy Roosevelt once looked over Central Park. At that moment, she smoothly pulled the scarf from her head and removed the glasses, returning them to her raincoat pocket.

The movie became more complete when Gina reached Seventy-Seventh Street and its many doorways, and they watched her make her way back to the Lucerne. The next morning, a now brown-haired Gina departed the hotel. She and her dot went back to Miami and the presentation ended.

“Okay, now I’m up with Conor, right?” Benny asked.

“Yep. It’s time to bring him in,” Nora said. “Let’s go back and game that out.”

As they stood, her phone buzzed and she looked down. “So there’s some good news for the American justice system,” she said.

“What?” Benny asked.

“News alert from the Times. Kyra Burke, a person we now know to be innocent, didn’t actually get convicted. Just close. Hung jury. But the DA has already announced his intention to retry.”

Jessica leaned in with a grim smile. “Innocent white people getting prosecuted? Wow. Who says things don’t change in this country?”

Neither Nora nor Benny could figure out the appropriate reply to that, so they walked to the elevators in silence. As they rode down, Dugan looked at his phone and smiled. Matty Parker really did have a gift for emojis.