“You may,” Judge Ames replied.
Norman walked to the evidence table to the left of Judge Ames. He picked up the clear plastic evidence bag holding Becky’s underwear. Norman held it up and said, “Commonwealth’s exhibit number four.” As he passed Elliot and the prosecution table, Norman showed him the exhibit he was holding.
Elliot nodded in response.
Norman handed the exhibit to Ruth. “Is this the underwear you removed from your granddaughter on December 25th, 1999?”
Ruth inspected the underwear through the clear evidence bag. “Yes, it is.”
Norman raised his eyebrows. “Does this underwear look old or new?”
Ruth cleared her throat. “Old.”
Norman turned to the judge. “Permission to show the evidence to the jury?”
“You may,” Judge Ames replied.
Norman took the evidence bag from Ruth to the jury. He handed it to the jury foreman and said, “Please pass it around, once you’ve noted the condition of the undergarment.”
The old man nodded and passed the evidence to the juror next to him.
Norman waited for a few minutes for the jury to inspect the underwear. Then he returned to Ruth. “Where were you standing in your bathroom, when you took off Alice’s underwear?”
“Next to the bathtub,” Ruth replied. “I was planning to give her a bath, but, after she said that someone touched her, I knew it was important not to wash her.”
Norman inched a little closer to Ruth. “How close were you to the bathroom trash can?”
Ruth shrugged. “I don’t know exactly.”
“Estimate.”
“Objection. Calls for speculation,” Elliot said.
Norman frowned at the judge. “She’s talking about her own bathroom.”
“Please answer, Mrs. Murphy,” Judge Ames said.
“Not very far. Maybe five or six feet,” Ruth said.
Norman tilted his head. “Did you throw away the underwear?”
“No.”
Norman turned from Ruth to the jury. He rubbed his chin for a few seconds. Then he turned back to Ruth. “You’re holding a threadbare, bloody, and pee-soaked pair of underwear, within five or six feet of a trash can. Why not throw it away?”
Ruth pressed her lips together. “I don’t know.”
Chapter 35: The Defense’s Case
On Wednesday morning they listened to a child psychologist called by the defense. She talked about the unreliability of children as witnesses and the ease at which they can be suggestible, fitting the defense’s narrative that Becky had been coached to accuse Jason of the molestation.
After the child psychologist was cross-examined by the prosecution, Norman Tuttle called Michelle to the witness stand. Michelle was led to the witness stand by a bailiff and sworn in by the court clerk. By the time she sat at the witness stand, her underarms were wet with sweat, and her face was flushed. She stared straight forward, resisting the urge to look at Jason sitting at the defense table.
Norman Tuttle stood behind the podium. “Good morning, Mrs. Lewis.”
Michelle cringed at the association. Without making eye contact, she replied, “Good morning.”
“Could you please state your full name and relation to the defendant?”
“Michelle Lewis. I’m the defendant’s wife.” She glared at Tuttle. “Soon to be ex-wife.”
A few muted chuckles came from the audience.
Judge Ames stared down at Michelle. “Just answer the question, Mrs. Lewis. We don’t need any additional commentary.”
Michelle nodded to the judge.
Tuttle gave Michelle a small smile and asked, “How long have you been married to Jason Lewis?”
“Three years.”
“How long did you date before you were married?”
“Two years.”
“In your five years with Jason, has he ever done anything to make you think he might be capable of molesting children?”
“He preferred to play with Alice instead of visiting with the adults in my family.”
Norman turned to the jury, rubbing his chin, as if he were thinking. Then he turned back to Michelle and asked, “Any other warning signs that he was a child molester?”
Michelle pursed her lips and said, “No.”
“Where did Jason typically play with Alice?”
“Usually at my parents’ house, in the basement. She has toys down there.”
“Did this playing occur when you and Jason went to your parents to visit?”
“Yes.”
“How often did you and Jason visit your parents?”
“Maybe once every month or two.”
Norman glanced at the jury, then asked, “Is it safe to say that you visited your parents with Jason at least six times per year?”
“Yes.”
“During these visits, how many times do you think Jason played with Alice alone?”
“I don’t know. Maybe once.”
“Who initiated the playing? Was it Jason who asked to play with Alice, or did Alice ask to play with Jason?”
Michelle hesitated. “Alice initiated.”
“How many years has this playing between Jason and Alice been going on?”
“Three years maybe.”
Norman looked up and rubbed his chin again. “If my math is correct, that means over a three-year span, Jason has played with Alice alone at least eighteen times. Would you agree with that estimate?”
“Sounds about right.”
“Prior to the incidents on December 24th and 25th of 1999, has there ever been any indication that Jason was molesting Alice?”
Michelle pressed her lips together. “No.”
“Was there ever any indication that he had abused her in any way physically or emotionally?”
Michelle hesitated again. “Not that I know of.”
Norman glanced at the jury with arched eyebrows. Then he addressed Michelle again. “Prior to December 24th, 1999, did you ever suspect that Jason was a child molester?”
Michelle glanced at Jason, sitting at the defense table. He stared at Michelle, stone-faced, but his eyes were glassy. She looked back at Norman and said, “No.”
“Nothing? Did he have secret computers that you couldn’t get into?”
“He had computers at work that I didn’t have access to.”
“Did he ever take trips without you?”
“No.”
“Did he ever lie to you about his whereabouts.”
Michelle exhaled. “No.”
Norman thrummed his fingers on the podium. “When Jason was arrested on January 11th of this year, did you think he was innocent or guilty?”
Michelle swallowed the lump in her throat. “Innocent.”
“Did your parents or your sister try to influence you to believe that he’s guilty?”
“I wasn’t thinking clearly before.”
“Please answer the question, Mrs. Lewis. Did your parents or your sister try to influence you to believe he’s guilty?”
Michelle dipped her head and replied, “Yes, but they were right.”
Norman nodded to himself and said, “Ah. I see. And your parents are always right.”
“Objection. Argumentative,” Elliot said from the prosecution table.
“Sustained,” Judge Ames said.
Norman eyed Michelle for an instant before asking, “Who do you think knows Jason better? Your parents and your sister or you?”
“I don’t know.” Michelle wiped the corners of her eyes with the side of her index finger.
Norman glanced at the jury, giving them a this is interesting look. Then he asked Michelle, “Did you have sex with Jason Lewis on December 24th, 1999?”
Michelle blushed and replied, “Yes.”
“Did you also have sex with Jason Lewis on December 25th, 1999?”
“Yes.”
“Did Jason appear to be attracted to you, an adult woman, during these encounters?”
Michelle
clenched her jaw and replied, “Yes.”
“On the night of December 25th, 1999, did Jason use a condom during sexual intercourse?”
“Yes.”
“Did he throw that condom in the bathroom trash can?”
“I didn’t see him do it.”
“After sex on December 25th, did Jason go to the bathroom?”
“Yes.”
“Do you think he left the condom on his penis filled with semen, or do you think he threw it in the trash?”
Michelle cringed.
“Objection. Calls for speculation,” Elliot said from the prosecution table.
“Sustained,” Judge Ames replied.
Norman paused for a moment. “How many hours after you had sex with Jason on December 25th, did your parents wake you because Alice had peed their bed?”
“An hour or two.”
“How long after you were awakened did you see your mother take Alice into the bathroom to be cleaned up?”
“A few minutes.”
Norman eyed Michelle for a few seconds, building suspense for his final question. “Do you think it’s possible that your husband is innocent?”
Michelle flushed.
Greg Elliot stood from his seat. “Objection. Calls for speculation.”
“Sustained,” Judge Ames said.
Norman waved it off. “Withdrawn. I have no further questions for this witness.”
Chapter 36: Closing Arguments
On Thursday, Michelle and Danny were back in the courtroom audience. District Attorney Greg Elliot stood in front of the jury.
Elliot said, “This case is about the evidence. Pure and simple. Don’t lose sight of the facts because Jason Lewis has a fancy fast-talking lawyer. According to several witnesses, Jason was alone with Alice on December 24th and December 25th in the basement of Frank and Ruth Murphy’s home. This fact is not disputed by the defense. Jason Lewis’s semen was found on Alice’s underwear late on December 25th, after Alice was alone with the defendant. That is irrefutable. Even the defense acknowledges that fact.”
Elliot paused, catching his breath. “The defense would have you believe that a condom wrapped in toilet paper magically jumped from the trash can to Alice’s underwear. This isn’t wonderland. Ruth Murphy testified that she took the underwear from Alice and gave it to her husband, Frank Murphy, who is a retired police officer. A police wife of thirty years knows what to do with evidence. Frank Murphy testified that he placed the underwear in a plastic bag and gave it to Detective Wells.”
Elliot surveyed the jury, catching his breath again. “Finally, we have the deposition of the victim, detailing the sexual abuse, and naming Jason Lewis as the perpetrator.” Elliot held up one finger. “Jason Lewis was alone with Alice.” Elliot held up two fingers. “Jason Lewis’s DNA was found on Alice’s underwear.” Elliot held up three fingers. “Alice identified Jason Lewis as the perpetrator. Three strikes, the defendant’s out.”
Elliot gestured to Norman and Jason at the defense table. “The defense’s theory is just that, a theory with no evidence to support it.” He turned back to the jury. “Follow the evidence. It will lead you to the truth. If you follow the conjecture and the theories from the defense, it’ll lead you to doubt, which is exactly what they want. They know they can’t convince you that the defendant is innocent, so they try to make you doubt. Don’t fall for it. Jason Lewis is guilty on all charges. It is your duty to follow the evidence. It is your duty to convict. I am confident that the good people on this jury will do the right thing. Thank you.” Elliot hitched up his pants and walked back to the prosecution table.
Norman Tuttle sat unmoving for several seconds. Jason sat next to him, staring at a yellow notepad before him. Norman stood and placed his hand on Jason’s shoulder. Jason looked up, and his attorney nodded. Michelle wondered if this was theatrics or did Norman Tuttle believe Jason was innocent. Norman strolled across the courtroom to the jury.
“Good afternoon,” Norman said.
A few jurors nodded.
“The prosecution wants you to believe that this case is simple. They have all the evidence, and the world is black-and-white. This case isn’t near as simple as they would have you believe, and this world is full of gray.” Norman’s gaze swept across the jurors. “Yes, Jason was alone with Alice, but only because Alice wanted to play with Jason, not the other way around. According to the testimony of Michelle Lewis, Jason had played with Alice alone at least eighteen times, and there’d never been a problem.”
Norman took a few steps along the jury box, stopped, and faced the jury. “Why now? I believe someone else molested Alice and coached her to identify Jason as the perpetrator. You saw Alice’s deposition with your own eyes. When she detailed the abuse she suffered, you saw the pain on her face and in her voice. However, when I asked her questions about Jason, she was happy to tell me that she liked Jason and was not afraid of him. She said, ‘He’s my friend.’”
Norman nodded, scanning the jurors. “You heard expert testimony from child psychologist, Dr. Deborah Turner. She detailed the unreliability of testimonies from children and the ease with which an adult could influence their testimony.”
Norman turned and took another few steps along the jury box. He stopped and faced the jury again. “The DNA evidence is suspect. You saw the commonwealth’s DNA expert, Ashley Watson, draw that tiny speck on the waistband of the underwear, indicating the size and location of the DNA sample she had collected. It was a barely visible speck.
“I believe Ruth Murphy took off Alice’s stained and tattered underwear and did what most people would do. She threw it in the nearby trash can. Then she grabbed it after Alice told her someone had hurt her. While the underwear was in the trash can, it touched the condom wrapped in toilet paper that Jason Lewis had deposited into the trash less than two hours earlier.” Norman showed his palms. “I know Ruth Murphy testified to the contrary but put yourself in her shoes. Her granddaughter had just told her that a man molested her. If I heard something like that from my granddaughter, I might forget a few details too.”
Norman took a deep breath. “This case is about reasonable doubt. The prosecution must prove that my client is guilty beyond a reasonable doubt. The evidence offered by the prosecution is filled with doubts that they failed to address.” Norman paused. “Please don’t compound this terrible tragedy by sending an innocent man to prison. If you have even one reasonable doubt, you must render a verdict of not guilty on all charges.”
Chapter 37: The Verdict
The evening after the closing arguments, Michelle went to the grocery store to pick up a few things. She wore a knit cap and kept her head down to avoid being recognized. On the way back from the grocery store, she stopped by her parents’ house. She parked her BMW behind her father’s F-150. It was dark, but lights came from the garage, along with the sound of an electric saw. Michelle exited her car and glanced in the garage window. Ruth’s Ford Taurus was parked on the right-hand side. The left-hand side housed Frank’s fishing boat. Behind his fishing boat, Frank had his work benches, tools, and carpentry area. He was cutting wood on a table saw.
Michelle entered the garage through the side door. She walked along Frank’s fishing boat toward her father. A propane heater warmed the space.
He looked up from the table saw, turned off the machine, and took off his safety glasses. “What are you doing here?”
Michelle forced a smile, standing before her father. “I wanted to talk to you.”
“I’m assuming this is about the trial.”
Michelle nodded. “I’m worried. Norman Tuttle’s a good attorney.”
Frank stacked a few two by fours. “Yep. I told you he was the best.”
“You don’t seem too worried. Am I not seeing this right?”
Frank met his daughter’s gaze and said, “It’ll work out. Don’t worry.”
Michelle tilted her head. “How do you know it’ll work out? If I didn’t know what I know about him molesting his sis
ter, I might be swayed. The jury doesn’t know about that. It was inadmissible.”
“Maybe they do.”
Michelle drew her eyebrows together. “What are you talking about? Did you do something?”
“Quite a few people saw the preliminary hearing. They saw his sister. She didn’t get to say it, but everyone in that courtroom knew he molested his sister. You know how this town is with gossip. I’m pretty sure the jury heard about that.”
“Did you have something to do with that?”
Frank flashed his palms, a smirk on his face. “That’s jury tampering. I would never be involved with something like that.”
***
After lunch on Friday, the jury filed into the courtroom. Michelle sat in her customary spot in the audience, on the side of the prosecution, a few rows back. Danny sat next to her on her right. Frank, Ruth, Susie, and Cody sat to her left.
The jury foreman, a white-haired man with a paunch, handed a folder to the bailiff, who handed the folder to the judge. Judge Ames opened the folder and read the form for a minute, then handed it back to the bailiff. The bailiff handed the form back to the foreman, and gave him a few muted instructions.
“Jason Lewis, please stand for the reading of the verdict,” Judge Ames said.
Norman Tuttle stood, then Jason.
Michelle held Danny’s hand tight, not thinking about other people noticing.
“You may read the verdict,” Ames said to the jury foreman.
The old man stood in front of his seat on the jury, holding the folder open. He read from the form without emotion. “For the charge of involuntary deviate sexual intercourse with a child, count one, we find the defendant … guilty.”
Michelle let out a sigh of relief. Danny squeezed Michelle’s hand. Cody put his arm around Susie, pulling her close, both of them with big smiles on their faces. Hushed murmurs came from the audience.
The foreman continued, unmoved by the audience. “For the charge of involuntary deviate sexual intercourse with a child, count two, we find the defendant … guilty. For the charge of aggravated indecent assault of a child, count one, we find the defendant … guilty. For the charge of aggravated indecent assault of a child, count two, we find the defendant … guilty.”
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