Renner put himself squarely in front of the jury, forcing Barnes to look right at him. “Agent Barnes, did Vadim Kryukov and Mr. Desheriyev have any face-to-face contact during this conspiracy that Mr. Kryukov allegedly planned?”
“Not to our knowledge.”
“Was this conspiracy put together mostly through phone calls and texts?”
“Yes.”
“Would it be fair to say that both men appeared to be very careful with their movements. Where they went, when, and who they were seen with?”
“It would be fair to say that.”
“Mr. Desheriyev’s handler used multiple cell phones, switching numbers, trying to prevent being captured by electronic surveillance, it seems. Is this a common tactic among terrorists?”
“It is. Both terrorists and drug dealers.”
Tom’s gaze slid to Kryukov. He’d admitted he was a drug dealer, and the evidence supported that assumption. As did it support his actions as a terrorist mastermind.
“Does the text message seem odd, then? If they were so careful, and switched cell phones for every message, why did my client suddenly text detailed plans of the operation from his own cell phone to Desheriyev?”
“I cannot comment on the motivations of the defendant.”
“Does it seem out of character for the sophistication of the rest of the operation?”
Barnes hesitated. “It might.”
“How does the FBIknowthat text was sent by Vadim Kryukov on Thursday morning?”
“It came from his cell phone. Cellular records confirm it originated from his cell phone, and triangulation of both his cell signal and confirmation by the phone’s onboard GPS place the cell phone at his residence on Thursday morning. There were also no other fingerprints on his cell phone. Only the defendant’s. Only he could have sent it.”
“Tell me, Agent Barnes. Do you let anyone else handle your phone? Look at emails? Pictures? Memes?” Renner smiled. “Maybe let your wife make a call?”
“No.” Barnes didn’t smile back. “It’s my Bureau phone. No one touches it but me. And I am not married.”
“My mistake.” Renner smoothed his tie, pivoting. “But, it’s fair to say that other people do sometimes share their phone, or let other people handle it.”
“I suppose.”
“In all your investigations, Agent Barnes, have you ever seen an example where a phone only had one set of fingerprints?”
Barnes shifted. “It is rare, but it does occur.”
“In any of those instances, those cases, was it then ultimately concluded that the cell phone had been wiped of prints before being handled again, and that was the reason for the single set of prints?”
Silence. Barnes went rigid, his whole body tensing. He drew himself up, as if gathering himself, gathering the mantle of his federal power. “That has occurred, though very, very rarely. Once or twice.”
“Once or twice.” Renner smiled again. His point had been made.
“This case, Agent Barnes, seems to rely on the sudden ineptitude of these terrorists. Making an amateur slip that would capture their cell phone data. Leaving a careless fingerprint. Lucky for you that men who were so careful in planning every stage of their conspiracy would let a single text and a single baggie of cocaine be their downfall.”
Barnes waited for Ballard’s objection. “Objection! Defense is arguing with the witness and putting on a show. This isn’t theater.”
“Sustained.” Tom arched his eyebrows at Renner. He was pushing hard.
“If the men never met face-to-face, Agent Barnes, then how did a cocaine baggie with my client’s fingerprint end up at Desheriyev’s house?”
“As we understand it, the baggie was left at a drop location, along with maps of the Capitol and of DC. It seemed to be a bonus payment to Mr. Desheriyev. At least, that is how he took it.”
“Were Vadim Kryukov’s fingerprints on any other material in the drop?”