Commonwealth v. Mohamed A car crash in Kentucky left a 13-year-old girl dead. A Sudanese refugee was charged with her killing. Could anyone get justice?





1. On the morning of May 23, 2015, on a highway in Scott County, Kentucky, two cars kissed and then pitched off the road. The black Toyota Tacoma pickup was headed west on its way to a youth volleyball game. Emily Sams, 13 years old, with long brown hair and large, soft eyes, was perched in the back seat. She wasn’t wearing a seatbelt. Her father, Jeff, was driving. Her mother, Shella, was riding shotgun. The other car, also going west, was a blue Toyota Camry. A refugee from Sudan named Mohamed Abdallah was driving. A willowy man with fine features in his early thirties, Abdallah and a friend, Mohammed Tom, were on their way from Baltimore to Louisville, where a community of Masalit—the men’s ethnic group, from the Darfur region of Sudan—had invited them to attend a meeting. It was at least a nine-hour trip, and Abdallah had been driving through the night to make the morning appointment. At approximately 7:05 a.m., Abdallah’s sedan went into a yaw on I-64 West, moving forward and sideways at the same time. The car slid across the asphalt, leaving its lane and making contact with the Samses’ truck. Metal bit metal, and both drivers lost control of their vehicles. Abdallah’s Camry spun down the side of the road until it hit a leafy thicket. After the car came to a halt, Tom pulled Abdallah through the driver-side door to safety. Abdallah stumbled toward the wrecked black pickup. Its front right side was caved in. Shella was still in her seat, and one of her legs looked unnaturally crooked. Behind the wheel, Jeff asked for his daughter. With no sign of a third person in the truck, Abdallah searched the debris. He found Emily, dead, near a tree. Her neck was bent, her body twisted. Flashbacks of war shuddered through Abdallah’s mind: blood and dust, torched grass huts. He crumpled to the ground. Emily’s grandparents, who were traveling to the volleyball game in a different car, arrived at the scene. A truck driver also saw the smoking Camry and pulled over to help. He found Abdallah collapsed near Emily. Abdallah would later remember the truck driver, a burly white man with a gut, saying “Let’s pray,” followed by a few questions. The first was, “Where are you from?” “We’re coming from Baltimore, Maryland,” Abdallah said. The second: “I didn’t mean where in the U.S. Where are you from?” “We’re from Africa,” said Abdallah. And finally: “Are you Muslim?” “Yes,” Abdallah said. The truck driver walked away, toward the Samses’ pickup.

2. I first met Abdallah at Baltimore-Washington International Airport. It was October 2012, and I was in my second year as a resettlement caseworker for refugees. I waited near the arrivals gate, clutching a cup of Dunkin’ Donuts coffee and making sure my International Rescue Committee badge was visible. Abdallah was one of seven Darfurian men landing that night. I had a tiny row house ready for them in the Baltimore neighborhood of Pigtown. Earlier that day, I’d picked up three rotisserie chickens for their first dinner in America. I’d been working with Darfurian refugees for a few months, but Abdallah and three of the other men who arrived that night were the first Masalit people I’d met. Most historical accounts place the start of the genocide in Darfur in 2003, when the Sudanese government began a vicious campaign to eradicate or evict the region’s western ethnic groups. The Masalit, however, have been under attack since at least the mid-1990s, a peril of living in the borderland between Chad and Sudan. Abdallah was never a fighter, but he witnessed violence. In 1996, when he was 14, his father was killed resisting members of the Janjaweed, a state-sponsored militia, as they robbed the family of cattle. When he was 16, the Janjaweed massacred 50 people in an adjacent town. When the militia came to Abdallah’s town in 1998 and cut down his uncle, the family fled to Chad. They returned briefly, but the attacks increased. They left Darfur for good in 2003. A week after the men arrived at the airport, during orientation, I asked if they had any questions. This was a time when clients typically asked me to repeat the details of their transitional benefits, like food stamps. Abdallah, leaning on the table around which the men were sitting, raised a hand. “How can I be a good neighbor in America?” he asked. I looked at him, astonished. His brown eyes, ringed in thick, dark lashes, stared back at me. He held a pen in his long fingers, waiting to write down my answer. “Well,” I said, “you can help your neighbor take in the groceries.” He scratched that down with his pen and asked another question. “Where can I volunteer?” Abdallah quickly became my point person for his house. He would consolidate the queries of all seven occupants and bring them to me. When a cantankerous roommate stirred up drama, I sat in the living room to mediate and Abdallah interpreted for me. Whenever the other men raised their voices, he rocked back and forth, his thin back curved tensely and his arms pressed against his chest. Conflict made him squirm. Around the resettlement office, other people came to rely on Abdallah, too. He was easygoing, neat, eager, and humble. His English was good and getting better. In 2013, Abdallah joined a trip to hear President Barack Obama speak, and he took his role as an audience member so seriously that he showed up in a suit. He was dismayed when the president’s staff filled the event’s front rows with people wearing T-shirts and jeans. Abdallah, dressed to the nines, had to stand in back. Once, he hit gravel while riding his bicycle and crashed. I met him at Johns Hopkins Hospital. Sitting in the pharmacy, I pointed to a TV screen where Obama appeared in a news segment. “Look,” I said. “It’s your friend.” Abdallah glanced up, laughed, and waved his hand dismissively. “I’ve already seen the real one,” he said. A few days before Christmas in 2013, Abdallah and one of his roommates caught me on the street in front of the resettlement office. Grinning, they pressed a plastic bag into my arms. It was a Christmas gift. Inside the crinkling white plastic was a pleather jacket from Marshall’s. On a small piece of notebook paper, the men had scrawled a message in blue ink: “Hi Maggie—this is small gift from Jamoa yahia. mohamed Abdallah. and Juma mohamed. Thank you so much your helping, and thank you agania.” I wasn’t supposed to accept presents from clients. I couldn’t control when a wizened Nepali woman surreptitiously slipped a can of Coca-Cola into my purse, but I’d disappointed dozens of clients with apologetic refusals of thoughtful offerings. Still, I accepted the jacket from Abdallah. My designated time—eight months—as his caseworker was technically up. I’d been waiting for this moment, when I could become his friend. One weekend in September 2015, after I’d left resettlement work to become a graduate student and writer in New York City, I was supposed to meet Abdallah in Baltimore. He’d agreed to be an interpreter for one of my reporting projects. “I can’t pay a lot right now,” I said when I called him. “Only $15 an hour. But I hope I can pay more later.” The rate didn’t faze Abdallah. “Of course,” he replied. I could tell from his voice that he was smiling. I never saw Abdallah that weekend. By the time I arrived on Friday, he was in jail. Earlier that day, four officers had shown up at his door with handcuffs and arrested him. His alleged crime was causing the fatal car crash in Kentucky four months prior. He would stay in a Baltimore cell, appear in court, and then be transported to Kentucky to await trial. The news felt like a punch below the ribs. The Darfurian community in Baltimore was in a frenzy. My host, a refugee named Abbas Yahya, spent the weekend fielding and placing phone calls, then racing out the door to emergency meetings to discuss the situation. For many community members, it wasn’t a question of what had happened—they were aware of the crash and that Abdallah had been coping with its aftermath—but of what came next. What would the American justice system do? How would it assign blame for what seemed to be a tragic accident? The last two Masalit clients of mine who’d gotten in trouble with the law were young men caught sipping beer in a public park. They had no idea why they kept receiving mail from the city government, and their unpaid fines soared to more than $900 each. Abdallah’s legal tangle was far uglier, and it was more confusing than anyone in the community knew how to handle. Yahya dropped me at the bus station early Monday morning, three hours before I was scheduled to leave for home. He apologized and explained that he wanted to get to Abdallah’s court hearing on time. Yahya knew he could only watch, but he intended to be there anyway. Like several other Darfurians in Baltimore, he considered Abdallah his dearest friend. Abdallah was charged with second-degree manslaughter and two counts of assault; according to his indictment, he “wantonly drove his automobile into the [Samses’] automobile.” He was transported to a jail in Kentucky and held on $75,000 bail. From home, I wrote Abdallah a letter. “I was in Baltimore the weekend you were arrested,” it began. It devolved into a patchwork of encouragement and advice. Two weeks later, I received an envelope with a red stamp on it that read “INMATE MAIL UNSECURED.” Abdallah wrote that he’d always told other people to be safe and not get in trouble, “but today I’m here in jail.” Being behind bars “let people miss a lot of appreci oppertunity.” Still, he wrote, he was trying to stay positive. Former resettlement colleagues of mine pitched in to help Abdallah. One happened to be living in Kentucky, where she was working on a farm. She visited Abdallah in jail. Another, Amanda Olmstead, then the Darfurians’ main contact in Baltimore, found a private defense lawyer in Kentucky who agreed to represent Abdallah. The lawyer’s name was Dan Carman, and he haggled Abdallah’s bail down to $7,500. Yahya and Olmstead split the cost, and Abdallah was released on house arrest. He moved in with a Masalit friend in Louisville; he wasn’t allowed to go back to Baltimore. Abdallah’s life in Maryland, including recently procured jobs as a security guard and an interpreter, dropped away like freshly snipped strings. For two and a half years, Abdallah waited as his case moved through the legal system. The only places he was allowed to go outside of his apartment were the Amazon fulfillment center where he worked and the courthouse. Carman tried to negotiate a plea deal, but the prosecution wouldn’t budge on the charges or drop the penalty lower than five to 15 years in prison. Under federal law, a conviction for a “crime of moral turpitude” or an “aggravated felony,” which includes manslaughter, would place Abdallah at risk of being deported. To stay in America, he would have to stand trial and hope for the best. Abdallah’s plight stuck in the back of my mind like a deep splinter. I’d let myself forget about them, then I’d see his Facebook posts—a humanitarian plea about Darfur, a cheesy inspirational quote, a Merry Christmas message, a selfie—and feel a sick pang. I’d remember that there had been a collision, that now Abdallah was in Kentucky, that a young girl was dead. The few times we spoke, Abdallah evaded my questions about his case. Thinking that he was embarrassed, or that maybe he didn’t know the answers because legal matters can be so bewildering, I didn’t press the issue. I saw him once during his house arrest, in October 2016, when research took me to Louisville. Abdallah arranged for me to interview a young Masalit couple at his home, where he could interpret. I felt a surge of relief knowing that I’d see him in person and ensure that he was intact. Abdallah was living on the third floor of a brick apartment building. When I arrived, we sat in the living room, me on a chair and Abdallah on a sagging couch. He poured me syrupy tangerine-colored juice. Rubber slippers rested in a doorway, available to anyone who needed to walk on the gritty tiles of the kitchen floor or into a nearby bathroom that smelled like pools of cool, stagnant water. The hems of Abdallah’s pants, as always, were let out to compensate for his long legs. Even so, they didn’t cover his ankle monitor. The device cost him $10 a day. As an interpreter, Abdallah seemed his usual self, focused and professional. But when we spoke between interviews, he was subdued. His English had regressed. His shoulders drooped. When I asked what was happening with his case, he looked askance. “Some things are not finishing,” Abdallah said. “Do you know when they’ll be finished?” He muttered something about his lawyer. I changed the subject. When I left, Abdallah bid me goodbye from his front walkway, the invisible force of his ankle monitor tethering him to his home.

3. Through the speakerphone, I heard anxious, distant voices. My cell phone sat beside me on a sofa cushion. I clutched a notepad. Everyone on the line that day in January 2018, including my spouse, Sara, sitting across from me, knew Abdallah and felt invested in his situation. Amanda Olmstead had scraped us together for a conference call because she finally had details about Abdallah’s trial. It was scheduled for February 19. Carman, the defense lawyer, had told Olmstead that he needed character witnesses. Specifically, he needed white, American faces—people who could speak to Abdallah’s upstanding nature and “mix in” with the Darfurians who would inevitably show up in the courtroom to support their friend. Olmstead told us what else she knew. The girl who’d died in the crash was named Emily Sams; her identity entered into my consciousness as a dense weight. Shella Sams, who worked in special education, had been in a wheelchair since the accident. Abdallah would be tried where the incident happened, in Scott County. Someone asked if Abdallah’s charges were, well, normal. Olmstead explained that, according to Carman, they were not. It was unusual for felonies like second-degree manslaughter and assault to result from a crash involving sober drivers who hadn’t done anything overtly reckless. Authorities in Scott County had also deemed Abdallah a flight risk, despite preexisting limitations on his movement. He was a refugee with a green card; he couldn’t travel abroad without applying for a special permit. Between work and volunteering, he was entrenched in his community. A knot of confusion settled across the conference call. Why, then, was this happening? We could guess but didn’t know for sure. And if what we suspected was true, we needed to hear it. Olmstead relayed in more detail what Carman had said about Scott County: It was predominantly white, and it was conservative. It also had a sour history with immigrant drivers. On the same day as Abdallah’s accident, an undocumented Mexican man hit and killed a bicyclist, panicked, and drove a few miles with the dying man’s body in the back of his truck, where it had landed after hitting the windshield. The police eventually stopped him. The driver, who had a history of DUI convictions, was stoned and drunk. He was given 35 years in prison. At his sentencing, the man asked the cyclist’s wife for forgiveness. “You took away my husband,” she responded. “You have no respect for life.” Later, to the press, she said, “Obviously, we would like him to be in jail for life.” Carman believed that Abdallah likely wouldn’t get much sympathy from a Scott County jury. From my vantage point, it was easy to share his concern. In 2016, Scott County went for Donald Trump by 31 points. The president had since vowed to keep Americans safe by barring people like Abdallah from entering the country. Young male refugees—unencumbered by children and often the first of a population to flee a troubled region—and Muslim immigrants were under intense national scrutiny. When I mentioned Abdallah’s predicament to friends, many furrowed their brows in apprehension. “And his name’s Mohamed?” they asked. Several people from the conference call blocked off the third week of February in our calendars; some of us planned to carpool to Kentucky. Olmstead reserved an Airbnb in Louisville, one with bunk beds and a pull-out couch. We debated who should take on the role of the white character witness: Who knew Abdallah best? Ultimately, Olmstead and I were cast. I felt desperate for information, in much the same way that my clients did when I was a resettlement caseworker. Refugees often wanted any useful thing I could tell them, any crumb of knowledge. How strange now to be on the other side. I counted down the days until my first phone call with Carman, which Olmstead also joined. “I think he’s innocent,” Carman told us. He was a fast talker, with what I assumed was a Kentucky accent. “It was just an accident. Mohamed didn’t do anything wrong.” To be clear, Carman continued, Abdallah had been speeding. My brain fumbled with this information. The Abdallah I knew followed rules to a fault. The cognitive dissonance ground down the words even as I transcribed them. The GPS from the Camry, now in evidence with Scott County, showed the car going around 19 miles per hour over the speed limit, which was 70, around the time of the accident. In the preceding hours, Abdallah had topped 100 miles per hour three times. Under Kentucky law, going more than 15 miles per hour over the speed limit may accrue several points on someone’s license, but it doesn’t necessarily qualify as reckless driving. In order to prove its case, the prosecution would have to establish that Abdallah had demonstrated flagrant, excessive disregard for highway safety—“wanton” behavior, in legal speak, that showed indifference to the lives of other people on the road. “There’s a lot going on in the case right now,” Carman continued, including the fact that, on his advice, Abdallah had hired an accident reconstructionist named Henry “Sonny” Cease, a retired major for the Kentucky police. Abdallah had paid Cease $5,000 up front but hadn’t yet received the accident report, which made us nervous. There was no way to tell if what Cease had to say would help or hurt Abdallah’s defense. It was possible, Carman continued, that a Scott County jury might vote for a partial conviction as a compromise. “These jurors, they’ll see Mr. Sams in the grocery store,” he said. A partial conviction, however, wouldn’t mitigate the risk of Abdallah being deported. “The law is on Mohamed’s side,” Carman explained, “but the equities are not.” When I spoke to Abdallah the next day on the phone, knees curled to my chest on my sofa, his voice sounded tight and low. For the first time, he talked to me about the accident. Jittery, I wrote down what he said on a half-size yellow steno pad. He told me about the Sams family. How he thought he remembered their truck bumping his Camry before he went into the yaw. How he staggered to the pickup after the crash. How he looked for the girl and found her. “It was so sad,” he said. “It was so, so sad.” He told me about the truck driver and the questions: Where did he come from? Was he Muslim? Abdallah and I spent the rest of the call brainstorming people who might be willing to write a character-reference letter for him. When I hung up the phone, I stared at the list of 53 names—people who’d been my colleagues, interns, and volunteers. They’d helped Abdallah during his resettlement, rented to him, hired him, and worked alongside him. He remembered them all. We had prioritized people we hoped would win over a Kentucky judge. Most had Anglophone names. Only a few were Darfurian men. My striving for this mix would repulse me in retrospect. Right then, though, I didn’t care. I wanted a bluegrass roster. When I sent out a mass email to the people on the list, I took care to explain that their letters wouldn’t be used during the trial; I didn’t want to get anyone’s hopes up. The letters would come into play if Abdallah were found guilty. The writers’ job would be to convince the judge to minimize the sentence so that Abdallah might be able to stay in America. Days later, on another call with Abdallah and Olmstead, we ran through everything we didn’t know, including why Scott County didn’t have Abdallah’s official statement from after the crash and how Mohammed Tom, who was set to testify, would get to Kentucky from Washington State, where he’d relocated. “It was an accident,” Abdallah kept repeating. “It was an accident.” He said it so many times that I finally snapped and told him that he’d better pull it together and get his head in the game. Get a nice suit. A respectable haircut. Practice American eye contact. After Abdallah hung up, I told Olmstead that maybe I shouldn’t have been so harsh. She said that it was fine, that it needed to be said. I took phone calls from Darfurians who couldn’t come to the trial but wanted to submit letters for their friend. I prompted them with questions, transcribed what they said. “Mohamed is a good man. He is always giving,” said Jamoa Yahia, on a break from driving an 18-wheeler to Texas. “Whatever he has, he gives to people who need it.” “Everyone loves him,” said Hassen Ismail. He added that Abdallah’s mother, who was still living in a refugee camp in Chad, was heartsick and scared. I drove to Baltimore one day, shooting down I-95, and for a moment screamed so hard I thought my voice might rake open the flesh of my throat. When I arrived, I sat on Abbas Yahya’s couch, helping him with his own letter. “All the Darfurians in Baltimore have been impacted by the accident because we miss Mohamed,” Yahya dictated. “It feels like all of us had an accident.” I admitted to Yahya that I’d cried during a recent call with Abdallah. He looked at me aghast—appalled by the breach in my professional veneer. I felt viciously bored with myself. When I got back home, I tore through my closet, packing for Kentucky. I had googled “what to wear as a character witness” and scoured my wardrobe for warm, feminine clothing. Nothing black. Nothing too coastal elite. Carman called me to go over what he would ask me on the stand. I hammered him with anecdotes I’d been stockpiling: Abdallah’s good-neighbor question, the incident of overdressing to see Obama. “Those are good,” Carman said, “but I can only ask, like, three questions. How do you know him, can you form an opinion on his character—” “Yes.” “—and what that opinion is. And you can basically just say ‘high’ or ‘very high.’” That was all I’d get: a fragment of a sentence. I doubted that so brief a testimony could persuade a jury of my faith in Abdallah. At the very least, though, I could bear witness. I’d been at the airport for Abdallah’s beginning in this country. If it came to it, I would be there for the end.

4. Georgetown, the seat of Scott County, is a picture-perfect small city. The buildings on its main drag are old, made of brick, and so charming they belong in a movie. At the courthouse, security guards smiled and nodded as I passed through the metal detector. I arrived toward the tail end of jury selection, which had taken up most of a Monday morning. More than a dozen of Abdallah’s friends and supporters were already inside the courtroom. As witnesses, Olmstead, Mohammed Tom, and I were relegated to a hallway, opposite two nearly exhausted candy machines and a lime-crusted water fountain. We wouldn’t be allowed to watch the trial until we’d testified. In the early afternoon, a young woman emerged from the courtroom and came over to us. She was Kalee Collett, Carman’s assistant. She had wide, clear eyes and straight blond hair. Her serious expression made her look older than her 19 years. She brought good news: Jury selection had been rigorous. For starters, the defense asked potential jurors to identify any biases they held against people of a certain skin color or religion, along with whether or not they knew the Samses personally. The prosecution had unsuccessfully tried to cut a black woman, citing a previous speeding ticket and alleging that her profession—engineering—would make her a difficult juror. A Hispanic man and a white woman who said she was from South Africa had made the final panel. After Collett left, we took turns standing up to peer through large, rectangular windows into the courtroom. I tried to take notes, balancing my notebook on the ledge. But there wasn’t much to record: I couldn’t hear what anyone was saying. At 4 p.m., the doors opened and jurors filed out. They looked numb and exhausted. A young man with sandy hair touched his stubble, an absent look in his eyes. The only black juror’s steps were narrow, her shoulders pressed in, as if trying to take up less space. A middle-aged woman with thinning hair and gaunt cheeks looked like she could use a smoke. In the car on the way to our Airbnb, friends who’d been in the courtroom caught me up on the day’s events. A couple of them worried over the defense’s opening statement. Carman, who with his beard and stocky frame reminded me of a short lumberjack in a nice suit, had sketched out Abdallah’s past for the jury while Collett passed Abdallah a box of tissues. The statement took less than five minutes to deliver. The prosecution, meanwhile, offered meticulous scene setting. The county’s first witness was Scott Burgett, who had traveled to Kentucky from Overland Park, Kansas, where he worked for the tech company Garmin. Pat Molloy, the lead prosecutor, asked Burgett about the GPS device he’d helped design, which was the model in Abdallah’s car. Then Molloy had Burgett read some of the data pulled from Abdallah’s GPS. Minutes before the accident, the Camry exceeded 90 miles per hour. According to Burgett, the car’s speed at the moment of the collision was 89 miles per hour. The next witness was deputy sheriff Jeb Barnes, the first officer to respond to the crash. A large bald man who seemed affable and honest, Barnes described how the Samses’ truck had rolled and flipped before hitting the edge of a concrete drainage ditch and going fully airborne. Emily’s body was thrown around, a loose item in a violently pitching cabin. Barnes believed that Emily died before the truck hurtled through the treetops, shearing off its roof. She was ejected through the gaping hole that remained. Barnes said that, despite asking for one, he’d never received a statement about the accident from Abdallah. Olmstead mentioned that she found this odd: She remembered helping Abdallah write his police statement when he got back to Baltimore, before she knew how serious the situation was. Barnes introduced into evidence several photos that he’d taken of the accident: skid marks, smoking vehicles, what he called “gouges in the earth.” His testimony had a poetic precision. He was the last witness of the day. Abdallah’s allies gathered for dinner at his new two-bedroom apartment. The living room had a large central rug ringed with couches and chairs. The space wasn’t as shabby as the one I’d seen a year prior, but Abdallah hesitated when someone complimented him on his home. He said that every time he had friends over, his upstairs neighbors called the police. Soon after arriving, I found Abdallah alone in the kitchen, free of his suit jacket and dress shoes, next to an oven where he was roasting a huge foil-covered dish of goat meat. I’d never seen him so thin. He was happy to have company. While he cooked, I leaned against the fridge. We joshed about how much sugar he put in his tea. We giggled at each other’s bad jokes. The mood was light and ephemeral, like the soft crackle of carbonation. Abdallah spread black trash bags across the living room rug and brought out dishes: hummus, pita, bell peppers, store-bought chicken, the chunks of goat. He added bottles of water to the array, placing one in front of each guest. For the span of the meal, we let go of the trial. We stopped rehashing how the Garmin man had listed high speed after high speed. How frustrating it was that Abdallah’s official statement was missing. How Carman seemed fine but we needed Atticus Finch. Midway through the meal, I disentangled myself from the packed-in knees, the arms reaching for food, to stand on a chair and take a few pictures on my phone. Too often we document only victories, the moments of joy but not of loss. No one takes candids at a funeral. The images I got were muted by the apartment’s low light, like something out of time. They already looked like artifacts I would unearth one day, after the verdict had been read and there were no more choices to be made. On the second morning of the trial, Collett gathered Abdallah’s friends together in the hallway: seven young white women, a white, ponytailed man, and a dozen Sudanese men in sharp suits and pointy-toed shoes. She warned us that it was crucial for us to keep it together today. The Sams family was going to testify. Shella had undergone 25 surgeries since the accident. Both of Emily’s grandmothers would be there. Many people who took the stand would be grieving. When the Samses were finished, the defense would begin its case. At some point, I would be called to testify. Carman eventually came into the hall to prep me. I had to be careful, he said, because if I went off script—did anything other than answer his exact questions as succinctly as possible—the judge could shut me down. Carman looked a little rueful over this restriction. Then he raised his eyebrows. “Unless,” he said, “if they ask you a question during cross-examination. If they give you an opening when they talk to you, you can go on for as long as you want. If they do that, go for it.” He gave a meaningful nod. I nodded back, feeling unequipped for a filibuster. As the morning passed, a man and a woman stood against a nearby wall. They emanated quiet intensity. The man, who was paunchy, looked stressed. The woman leaned against him, draping her thin limbs out across his chest and belly. They murmured to each other in pleading tones. I thought I heard the words “this country” and “Christian.” I turned to Olmstead. “I think that’s the truck driver,” I said quietly. She nodded. She’d been listening, too. Eventually, the man was called into court—Abdallah’s court—and he disappeared behind heavy double doors. When he emerged 30 minutes later, he and the woman boarded the elevator. We didn’t see them again. Soon after, a raised voice in the courtroom snapped me to attention. It was muffled but hard, and clearly female. The volume ebbed, then spiked again. “I think it’s the grandmother,” said Aliza Sollins, an old colleague. “I saw her go in,” Olmstead added. “Is she shouting?” I asked. A while later, I peered through the narrow window while Shella Sams testified. Her composure struck me: She bore a gentle dignity in the midst of a storm. That afternoon, when I was called to testify, the air in the courtroom felt stiff yet mildly electric. A damp light filled the space. I walked the single aisle between the wall and the gallery, past the double row of jurors. A bailiff settled me into the witness area, which held a small, walled-off table with a chair. There was a microphone, but it was too far away for me to reach. I imagined how I must have looked, a poor fit for the witness box and sweating through my carefully selected clothes. Carman asked me my name. I gave it. “Just generally and briefly, how did you come to know Mohamed Abdallah?” he asked. I explained that I had been his caseworker. I knew I was supposed to look at the jury, but my brain couldn’t override how weird that felt. “And did you have dealings with him for a number of months or even years?” “Yes, I had dealings with him most intensely for eight months, and then on, for about two years.” “Have you been able to be around him enough,” Carman asked, “to be able to form an opinion of his character?” “Yes.” “And what is that opinion?” I straightened my back and leaned toward the microphone. “Extremely high,” I said. A portly prosecutor who was assisting Molloy rose to cross-examine me. “Were you at the scene of the collision that occurred between the defendant’s automobile and the Sams family?” he asked. “No, I was not,” I said. “So you don’t have any direct knowledge of that day or that incident. Is that correct?” “That’s correct.” “Nothing further.” I was dismissed. Testimony delivered, I was allowed to take a seat in the gallery. Carman called for Mohammed Tom. At my urging to trim his goatee and wear dress shoes, Tom had shaved his entire face raw and smashed his feet into a too-small pair of brown Oxfords. He plopped onto the seat and slouched into a casual posture that treaded the fine line between self-assuredness and arrogance. I wished he would sit up straight. An Arabic interpreter pulled up a chair beside the witness stand. Tom could put on a show of English, but it was mostly a confidence act. Carman questioned Tom for 13 minutes, after which Molloy, an older man with short hair, glasses, and a white beard, stepped in for the cross-examination. I thought Tom seemed confused at times, which he tried to mask with pride, appearing certain of everything he said even when it clearly wasn’t correct. At least once, he answered a question before fully hearing what it was. I thought there might be a hitch with the interpretating, because Tom’s answers didn’t always match Molloy’s questions. Also, the interpreter’s dialect didn’t sound like Sudanese Arabic. In a Southern drawl, Molloy asked questions about minute details: the placement of chargers inside Abdallah’s car, the location of a cell phone, where the GPS sat on the dashboard, and the speed of the vehicle. At first, Tom insisted that Abdallah never went above 70 miles per hour, didn’t once break the speed limit. He would have known, Tom said, because the steering wheel would have started shaking. He mimed holding a rattling wheel. I gaped at him from my seat. “The car is four-cylinder,” Tom said. “If you go over 70, it starts shaking.” “Over 70, it starts shaking,” Molloy repeated. “Four-cylinder, the car can go as fast as 80,” Tom said. “We didn’t go more than that.” “So 80 would have been the top speed, is that correct?” Molloy asked. Tom considered. “I think the fastest we went was 75. I don’t think we reached 80.” “OK, 75 it is then.” “I think so, yes.” The way Tom said it sounded like sure, why not. I dug my fingers into the bench with such force that Aliza Sollins reached over to hold my hand. On the witness stand, Tom grabbed a couple of plastic water cups and started a series of improbable demonstrations reenacting the accident. Tom described the Samses’ truck bumping the Camry twice on its right side, which he indicated had caused Abdallah to veer left then right before hitting the Samses’ pickup. Tom tried to explain how he’d wanted to help the Samses after the accident. “And that’s what you really came here to say, isn’t it,” Molloy said. It wasn’t a question. “Yes,” Tom said, without irony. The questioning lasted another 15 minutes. When it was over, Tom sauntered away from the witness’s chair. By the time he walked past me, three Darfurian men were already tearing into him. I hissed at them to be quiet or go eviscerate Tom out in the hall. “What?” Tom kept asking, bewildered. “What?” Abdallah took the stand without an interpreter. I watched him in profile as he leaned forward in the witness chair, placing both elbows on the table and folding his hands. His long legs were bent at the knees and tucked beneath the chair. Carman threw him softballs: Where did he grow up? Where is Chad? Where did he work? Did the United States government give him permission to be in the country? Abdallah spoke carefully, eyes up. At Carman’s subtle reminders, he addressed the jury. When the questioning turned to the accident, Carman called in an interpreter. He explained to the judge that this was for accuracy, but it was also clear that he’d wanted to show off his client’s articulate English before getting deep into the testimony. Abdallah admitted he’d driven fast, but said that his speed had gone only into the seventies and eighties. Like Tom, he said that he’d lost control of the car when the Samses’ vehicle nudged his Camry twice. After the crash, he recalled, “We tried to help. I was so scared, so I got the energy to help. We tried to open the door [to the pickup], but the door was locked, was jammed, and it wouldn’t open. And the man was crying and screaming, ‘Where’s my daughter, where’s my daughter?’” “What are your feelings about all of this?” Carman asked. Abdallah decided to answer in English. “First of all, I would like to say is, I really feel very troubled about the family was lost their daughter. And I saw the mom sitting in the wheelchair. I just remember that I lost—I lost my father.” Abdallah wept as he spoke. “I saw the same situation. It is hard for me to describe.” When Molloy addressed Abdallah on cross-examination, he said “ab-doo-lah,” as in “zip-a-dee-doo-dah.” I wished the pronunciation were correct; names are so vital to who we are. Molloy’s questioning began with a reference to Tom’s testimony, which Abdallah quickly contradicted, saying the car didn’t shake at any speed. “I was the one who was driving, and I would know if the car is shaking,” he said. “So when Mr. Tom said that—and he was pretty adamant about it—that’s not true?” Abdallah agreed but pointed out that Tom had trouble understanding the questions. “So it’s a language problem,” Molloy said. But hadn’t the court given Tom an interpreter? Abdallah explained that Arabic wasn’t Tom’s first language, Masalit was. Molloy brought up the 911 call after the accident. According to Abdallah and Tom, they weren’t confident enough in their English to communicate with emergency dispatch, so they gave their cell phone to the truck driver—whose name, I finally learned, was Ed Schreiber. During his testimony, Schreiber had said that Abdallah and Tom were speaking in Arabic on the phone and that he had to snatch the device out of Abdallah’s hand to call for help. Molloy continued: Hadn’t Abdallah avoided the police after the accident—skipped town and gone back to Baltimore, where he evaded Scott County’s attempts to get his official statement? Abdallah insisted this wasn’t true. Officer Barnes had called him once to get a statement, but when Abdallah asked for an interpreter, Barnes said there wasn’t one available. “I told him, ‘My language is not enough,’” Abdallah said. “He did not engage with me in any conversation about the accident. I asked him a few questions. I said, ‘If you give me the chance, I can tell you what happened.’” Abdallah sent a paper statement. When it bounced back in the mail for some reason, he sent it again. The authorities in Scott County apparently never got it. Molloy asked whether Abdallah had contacted Shella Sams after the accident. Abdallah said no. Molloy looked unimpressed. “You never called her,” he said. “You never said a word to her, in almost—what—two years or little better, about how bad you felt, until you saw her in this courtroom today.” “Right after the accident, I was really sad,” Abdallah replied. “And I know she’s a mother, so she was very sad, too. So I couldn’t reach out to her. Then I found out I was a defendant; they accused me of something.” He didn’t think he was supposed to contact the family, even though he wanted to know how they were—“to see what’s going on, what’s happening with them. I wouldn’t leave a situation like this.” After Abdallah finished testifying, Carman called Olmstead so that she could tell the court about helping Abdallah with his statement. Calm and businesslike, Olmstead described how Abdallah came to her office for guidance. He’d already written a draft of the statement on scrap paper; Olmstead mostly helped as a proofreader, a human spell-check. She remembered Abdallah saying later that the statement had been sent back to him. On cross-examination, the prosecution asked whether Abdallah had been in further contact with Scott County investigators. Olmstead answered, “He did tell me that he had called the police department a lot because he didn’t know what had happened with his car.” “So his concern was his car?” the questioning prosecutor asked. “One of them, yes,” Olmstead replied, her eyebrows rising. I drove Abdallah and Tom home that night. In the back seat, Tom felt terrible, shaking his lowered head and saying over and over how sorry he was. He’d never be able to save face in the Darfurian community after making Abdallah look like a liar by association. “Don’t worry about it,” Abdallah told him from the front seat. “It’s OK. It’s OK. I’ll tell them you did OK.” At Abdallah’s apartment, Tom exiled himself to a bedroom. No one could coax him out. People again filled the living room. Pizza boxes and plates of leftovers littered the floor. We were exhausted but reviewed the events of the day before I’d been called to the stand, including the testimony of Sonny Cease, the accident-reconstruction expert. A square-headed, heavyset man with sharp eyes, Cease brought toy cars with him to the witness stand; apparently, juries like that kind of thing. Cease contested the Garmin representative’s testimony about Abdallah’s speed, arguing that when the Camry slid sideways out of its lane, the friction with the asphalt would have reduced its speed to closer to 76 miles per hour at the moment of the collision with the Samses’ truck. Yes, Cease said, speed kills—but it didn’t kill this time. Then there was the testimony of Ed Schreiber. The prosecution lauded him as a good Samaritan. On the stand, Schreiber described pulling over in his truck, comforting Emily’s grandparents, and later attending her funeral. On cross-examination, Carman asked Schreiber about the 911 call. “You mentioned something about their religion to dispatch, did you not?”



“Yes, sir,” Schreiber said. “That’s because when I grabbed the phone out of his hand, there was a name there that was actually a Muslim name, it was Mohamed something.”



Carman then shifted gears and asked Schreiber about his Facebook account. Did he publish an anti-Muslim post on October 13, 2015? “I might have,” Schreiber said. What about on November 1, 2015? “I may have.”



“Now, it’s just my job,” Carman said, shuffling papers at the podium. “I’ve got to do this.” His head snapped up. “Are you a racist?”



“No, sir!” Schreiber replied. His chin rose in defiance.



What about images of Confederate flags, Carman asked—did he post those? Carman gave Schreiber more dates.



“I think. I mean, I’ve posted a lot of stuff,” Schreiber said. “I mean, I see stuff, and I repost it, and whatever.” At Abdallah’s apartment, as our group talked, new, unspoken admiration for Carman hung in the air. A warm appreciation for the bailiffs also went around the room. The older Kentucky men had been kind: opening doors, pouring us cups of water on the witness stand. Nothing outside of their jobs, but their consideration seemed genuine. I wondered about the heart of a place: Does such a thing exist? Who can legitimately claim to best represent a community out of everyone working to protect it, with their inevitable range of worldviews? The following day, the jury would be tasked with delivering a fair verdict on behalf of Scott County. What would that mean to them?

5. Judge Jeremy Mattox arranged the files in front of him. “Good morning, folks, and welcome to day three of the Commonwealth versus Mohamed Abdallah,” he said. The courtroom was the fullest it had been so far. The Samses and their supporters were there, along with some reporters and public defenders in training. Tom, whom Abdallah had cajoled into showering and dressing, sat with us. A clutch of Darfurian men who were expected to be there hadn’t yet arrived. We tried to spread out, take up space, make our group seem larger than it was. To still my brain, I wrote down every word I could catch of the lawyers’ closing statements. It felt like cheating, a cop-out from having to watch what happened. I told myself that recording an event was important. Carman took up a position behind a podium near the jury. He drank from a white paper cup and covered a cough with his fist. He buttoned his suit jacket, crossed his arms over his chest, and leaned back. “What I’m going to do with you here this morning,” Carman told the jurors, “is give you a top ten.” He asked that the men and women each take out a notepad and write down the items he listed. I was poised to do the same. “Number ten.” Carman moved away from the podium, taking his notepad with him. “It was an accident.” He said each word slowly, emphatically. “And there are reasons we do not criminalize accidents.” Number nine: Speeding didn’t cause the crash. He said it twice, reiterating Cease’s evaluation of the accident. Carman cocked his head and swung back around the podium for number eight. “Mohamed’s vehicle was probably hit twice,” he said. Abdallah had been consistent on this point from the start of the case, and Tom remembered it, too: the Samses’ truck making contact with the Camry right before the accident. The Samses, however, had testified that their car never touched Abdallah’s until the crash. I wasn’t sure who had physics on their side; as the prosecution had pointed out, I wasn’t there for the collision. Carman scanned the jury. “A graze,” he said, “a small bump.” He gave a who-knows shrug. The seventh point was that there were no drugs, no alcohol, no drag racing, no devil-may-care attitude involved in the crash. “Number six—this one’s not easy for me to even say. It’s not easy to remember, but it is my solemn duty to have you write down number six,” Carman said. “Emily was not wearing her seatbelt.” For his fifth point, Carman touched on witness testimony. First, there was Schreiber. “He might have a bias against people of a certain color, people of a certain religion,” Carman said. Of the testimonies from Abdallah and Tom, Carman argued, “Nobody was coached.” Number four: There were other opportunities for justice. A civil case, money from insurance companies. Lives didn’t have to be ruined further for there to be justice. For number three, Carman read aloud the legal definition of wanton: “aware and consciously disregard[ing] a substantial and unjustifiable risk. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would reserve in such a situation.” Abdallah’s driving, Carman said, simply didn’t meet this definition. Number two was what kind of a person Abdallah was. “You heard about his reputation in the community,” Carman said, then paused. “Did you notice all his support? If one of us were to go to trial, would ten or fifteen people show up every day of that trial?” The group of late-arriving Darfurian men had just settled into their seats in the back of the room. Carman noted how forthright Abdallah was during his testimony. “Did you notice his hands were shaking a little bit?” Carman asked. “I don’t think it’s ’cause he was being untruthful.… You know why he was a little nervous?” Carman leaned toward the jury and lowered his voice to a dark whisper. “Because this is for all the marbles.” For a moment he was silent, letting the jurors hold that thought. “Moved around. Refugee from Sudan,” Carman continued. “Reminds me of Matthew, chapter eight: ‘Foxes have their den, birds have their nests, the Son of Man has no place to lay his head.’” Carman was moving fast now. My heart sped up, too. “That brings us to number one.” He flipped to the next page in his notebook. The prosecution hadn’t “even come close,” Carman said, to proving Abdallah’s guilt beyond a reasonable doubt. He held forth on the concept of equal justice under the law, an idea dating back to ancient Greece and found in the Old Testament—in Hebrews, Exodus, Leviticus. Carman seemed to be morphing before the court, achieving a deft grace. “The evidence shows that if this were Jimmy Smith from Georgetown, not Mohamed Abdallah, who got in an accident with the Samses, we would not be here today,” Carman said, jabbing a finger in the air. “When the accident happened, who’s the first one on the scene?” he reasoned. “God love him, Ed Schreiber. He’s telling the dispatch, ‘I think these are Muslims.’” As for Mohamed struggling to submit his statement, “He’s dealing with logistical issues. He’s a doggone refugee!” Carman abruptly stopped moving. He said that he believed America’s justice system was the best in the world. No one should be put on trial for “what color they are, what religion they are, what language they speak.” He banged his fist on the wall of the jury box. “Maybe I can imagine this kind of indictment, this kind of prosecution, this kind of conviction” happening somewhere else, Carman said, “but not in this county, not in this commonwealth, and not in this country. We are better than that.” For the first time, I felt a flash of hope. When Molloy rose to address the jury, I again burned anxious. In contrast to Carman’s fevered sermon, Molloy’s voice was low and steady. He choked up when he spoke of the Sams family. He knocked the flaws in Tom’s testimony. Molloy, a longstanding advocate for civil rights, rejected Carman’s argument that the trial had anything to do with racism, xenophobia, or Islamophobia. “This case is not about Mr. Abdallah’s place of birth. It is not about his religion. It is not about the color of his skin,” Molloy said. It was about what Abdallah did, and what he didn’t do. Abdallah drove too fast and “never showed any remorse, ever,” Molloy argued. “When Mrs. Sams came into the courtroom, he broke down crying. For himself. What a perfect time to say ‘I’m sorry.’” “This is the day that Mr. Abdallah is to be held accountable,” Molloy concluded. “This is the day that you, the jury, having heard all you have heard, can hold him accountable for what he has done.” The jury holed up in the deliberation room, and we clustered in the courtroom. Beside me, Abdallah sat with his hands stuffed between his knees. We chatted with Collett and Carman and produced the stack of 30-plus character-reference letters that we’d collected. I read them aloud to Abdallah. I skipped the parts where writers said that he seemed depressed and withdrawn because of his legal troubles, focusing on the bits where they heaped on praise. Every few letters, I reminded him that if the jury found him guilty, these documents were going straight to the judge. Carman gave us the rundown of the ways the trial’s aftermath could go. Once Abdallah was convicted, he would be taken to jail on the spot. A probation officer would conduct and write up a presentencing investigation, which might take up to a month. The court would then hand down a final sentence. Immigration and Customs Enforcement could opt to deport Abdallah or render him a closely watched nonresident, a man who would move like a ghost through prison and life in America until he left the country or died. Carman tried a metaphor. It’s like we’re on a path in the woods, he said, and we might have to turn and go down another path. We might get to a clearing. We might turn down a path and, whoa, there might be a bear, and we might have to shoot the bear. Everyone stared at him. He mimed releasing an arrow from a bow. At 4 p.m., five hours after the jury began deliberating, the courtroom stirred. Collett whispered to us that there was a verdict. We drifted to our places. At the defense table, Abdallah looked slight and flimsy. The Sams family returned and sat up front. I looked at the backs of their heads with shame, pain, sorrow, indignation. There was a hard shiver in the back of my ribs that wouldn’t cease. Seated in a back row of the gallery, between Olmstead and Tom, I watched officers I hadn’t seen before file in. They lined up against a wall and near the exits. Handcuffs glinted at their belts. Unlike the cordial bailiffs, these officers were younger and grim faced. A peal of laughter sounded from the jury room. I felt nauseous and nostalgic for a half-hour ago and the burden of waiting. Then the jury returned. “Will the defendant please rise?” Judge Mattox asked. Abdallah stood. My throat compressed. “On count one,” Mattox read, meaning the second-degree manslaughter of Emily Sams, “we the jury find the defendant not guilty.” Olmstead’s grip on my hand tightened. My other hand jumped to one of Tom’s but missed and hit his thigh. “On count two,” for assault, “we the jury find the defendant not guilty.” The result was the same for the third charge, the last one. I traded glances with Olmstead, whose stunned, frozen face mirrored mine. Tom was so busy showing no emotion I couldn’t tell if he’d missed what just happened. In front of us, other members of our party twitched and shifted on their benches. Affectless, we rose as the jury filed out. One juror winked in our direction as he left. We let the Samses exit the courtroom next. Abdallah stood for their exit like a soldier at attention. Then we walked out in silence. In the hallway, we shattered. Darfurian men held their heads and wept. They dove at me, at Abdallah, at anyone, with close embraces. They collapsed on my shoulders. At Abdallah’s side, Collett’s cheeks were wet with tears. We stumbled into the elevator, desperate to escape. I caught Carman ducking his way through a snuffle. The back of my hips hit the elevator’s wall. My hands found the railings behind me as my knees gave way. We scattered to our cars. I was worried we’d leave someone behind, but we went, and in going, I somehow climbed into the back seat of my car. Abdallah got into the passenger seat. He closed the door, then he threw himself between the seats onto an armrest and sobbed.