Defense of an Other

by Grace Mead

  “No mother should ever have to hear that her son has died. I ain’t made much of my life, but I was always proud of my boy and the way he treated Betsey. I’d always hoped that when I passed, a piece of me would live on through Brian, Betsey and, God willing, their kids. But mostly it just hurt.” Anna Lee began sobbing, barely able to continue speaking. She reached into her purse. Even her tissues had seen better days and, as she attempted to unravel one, it disintegrated in her hands. Thibedeaux offered her a handkerchief and she wiped her eyes with it.

  “How do you feel now?” Thibedeaux asked.

  “I miss him, and it hurts just as much as it did when Donnie told me. I’m not sure how I’m gonna get through this.”

  “Do you think that the jury should show mercy to Mr Durant?”

  “No, I don’t. I think that he should suffer the same as he gave my boy. I think they should vote to put him to death.”

  “No further questions, Your Honor,” Thibedeaux concluded.

  “Ms Boudreaux, do you have any questions for the witness?” Judge Masterson asked.

  “Yes, Your Honor,” Lisa said. Matt knew he wouldn’t have been able to cross-examine Brian’s mother to save himself.

  “Ms Cutler, let me first say that I’m sorry for your loss. You testified that no mother should know the pain of losing a child, correct?”

  “I said that.”

  “Does that include Matthew Durant’s mother?”

  “Well, I reckon her son should have thought about that before he killed mine. At least his momma’ll get to say good-bye to her son. My boy died in a dirty back alley and I couldn’t even tell him I loved him before he went.”

  “If Matthew Durant is executed, do you think it will cause his mother significant pain?”

  “Yeah, I reckon it’ll hurt her pretty bad. Maybe she should have raised him better.” Guilt coursed through Matt for exposing his mother to such accusations and in that moment he wanted nothing more than to stop hurting those around him.

  “No further questions, Your Honor,” Lisa concluded. Cross-examining Anna Lee Cutler had been a mistake and Lisa hadn’t gotten anything useful, but it had been a harmless mistake. The jury knew Anna Lee Cutler was angry and bitter about the death of her son after the direct examination, and her testimony on cross was just confirmatory.

  “Your Honor, the state has no further witnesses,” Thibedeaux said.

  “Ms Boudreaux, would the defense like to present any witnesses?” Judge Masterson asked.

  “We’d like to begin by asking that the court permit the jury to consider the testimony of Judge Michael Thompson, who testified earlier in the trial, on the question of whether Mr Durant should receive the death penalty.”

  “The jury may consider that evidence. Do you have any additional witnesses?”

  “Yes, Your Honor. The defense calls Jason Shapiro.” Shapiro, the director of the LSU legal-aid clinic, was in his early forties and had a bald patch. He testified that Matt had provided much-needed legal assistance and emotional support to indigent criminal defendants throughout law school. He also testified that the prosecution’s allegations were completely inconsistent with Matt’s character. Thibedeaux declined to ask any questions.

  Lisa then called Heather Cox to the stand. A thin and frail woman slowly made her way up to the front of the courtroom with the aid of a cane.

  “Ms Cox, can you please explain how you know Matthew Durant?”

  “Starting in about 1990 when he was in junior high, Matt started tutoring illiterate adults at a community center I run.”

  “How many people did Matthew Durant teach how to read?”

  “He taught four adults how to read before he left for college. I understand that he also spent some time tutoring down in Baton Rouge and New Orleans.”

  “How many years did Mr Durant tutor illiterate adults at your community center?”

  “He was a tutor for five years.”

  “What did you learn of his character during that period of time?”

  “I learned Matt is an extremely intelligent young man who is deeply sympathetic to those who don’t have his natural abilities. I also learned he is capable of extremely complex reasoning and I enjoyed several conversations we had about literature. More importantly, though, he put his intellect to work to try to figure out simple and original ways to explain concepts to those with less ability or simply less education.”

  “Were you surprised when you learned Mr Durant had been convicted of murder?”

  “I was more than surprised. It was perhaps the most unexpected and stunning thing I’ve ever heard in my life.”

  “No further questions, Your Honor,” Lisa concluded.

  “Your Honor, the state doesn’t have any questions for this witness,” Mr Thibedeaux said.

  “Would you like to call your next witness, Ms Boudreaux?” Judge Masterson said.

  “Your Honor, we’d like to call Thomas Farrar to the stand.”

  “Your Honor, we object because of Mr Farrar’s role as trial counsel,” Thibedeaux said.

  “Overruled,” Judge Masterson said. “Presumably Ms Boudreaux is handling this phase of the trial because Mr Farrar is testifying. He’s also been Mr Durant’s employer for years. Mr Durant is entitled to present his testimony.”

  “Thank you, Your Honor,” Lisa said.

  Farrar approached the stand, bowed and subdued. He swore to tell the truth with his eyes slightly downcast.

  “Mr Farrar, how do you know Matthew Durant?”

  “Matt Durant has worked for my law firm for the last two years.”

  “Over the past two years, what opinion, if any, have you formed about his character?”

  “Matt’s an upstanding young man. He’s conscientious of our ethical duties to our clients and he performs his work with an eye toward those duties, rather than impressing his superiors. Matt’s excellent when working with clients, witnesses and coworkers, in part because he’s such an obviously caring person. He listens to others carefully which, as you might expect, is relatively rare for a lawyer. He’s one of the best young men I have ever met. I’d be proud to call him my son.”

  “Were you surprised by the jury’s verdict?”

  “I was very surprised. I suppose I didn’t communicate Matt’s honesty and integrity effectively enough, even though I know it in my heart.” Turning to the jury and raising his eyes, Farrar continued in a steady voice that did little to conceal his desperation, saying, “I know you’ve already made the decision Matt’s guilty, but I beg you to spare his life. Even if you’re right about what happened in that alley, nothing else in Matt’s life suggests the death penalty would be an appropriate punishment. Please spare him.”

  “No further questions, Your Honor,” Lisa said.

  “No questions, Your Honor,” Mr Thibedeaux said.

  “The defense calls Mary Durant to the stand,” Lisa said.

  Mary approached the stand yet again and swore once more to tell the truth, invoking the specter of God’s wrath for his sake. Guilt plagued him.

  “Ms Durant, did the jury’s verdict make you reconsider any testimony you gave during the first phase of your son’s trial?”

  “No, it did not.”

  “Do you have anything else to add on the subject of whether Matt should receive the death penalty?”

  “Please don’t kill my son.” Mary turned and looked at the twelve individuals seated in the jury box. Many averted their eyes. “Matt can do a great deal of good, if you’ll let him. At the very least, he can teach prisoners to read and write. Matt could have become a law-school professor and, if you give him a chance, he can still help some prisoners develop the skills to earn an honest living outside of prison. Every witness at this trial has testified that Matt has done much good in his life. No matter what you think happened in that alley, Matt’s not some sort of depraved killer. He at least deserves the opportunity to try and find meaning to his life in prison.”

  “No further questions, You
r Honor.”

  “No questions, Your Honor,” Mr Thibedeaux said.

  “Do you have any other witnesses, Ms Boudreaux?” Judge Masterson asked.

  “No, Your Honor. The defense rests.”

  “Ladies and gentlemen, let’s take a break for lunch and then we’ll hear closing arguments,” Judge Masterson said. The jurors left the room and Judge Masterson turned to the attorneys. “My clerk is handing out a copy of my proposed instructions, which shouldn’t be controversial. They’re in a standard form approved by the Louisiana Supreme Court. We’ll reconvene at one and I’ll entertain any objections before closing arguments.”

  Farrar had convinced the guards to allow the defense team to meet in the conference room during the recess. A messenger from Farrar Levinson had delivered lunch. The defense team reviewed the instructions but, as Judge Masterson had warned, there was nothing objectionable. The group in the room, which included Mary, alternated between silence and strained talk of everyday things. The small talk focused Matt’s attention on how quickly and dramatically his life had changed. He tried to shove down those thoughts for fear they’d taint the precious, limited time he had remaining with those he loved.

  He had to return to his regular seat in the courtroom too soon. Judge Masterson entered and confirmed that the lawyers didn’t have any objections to his proposed instructions.

  After the jury had filed in, taken their seats and settled in, Judge Masterson addressed them, saying, “We’ll now hear closing arguments from the prosecution and defense on the issue of whether Mr Durant should receive the death penalty. Mr Thibedeaux?”

  “Ladies and gentlemen, I’d like to begin by thanking you for your patience and hard work,” Thibedeaux said. “In this penalty phase of the trial, you’re considering a broad array of evidence about Matthew Durant and the impact of the murder of Brian Cutler. Judge Masterson will instruct you on how to weigh that evidence.” Thibedeaux employed none of the theatrical gestures common in his closing during the guilt phase. “I’d ask merely that you remember why we’re here. We’re not here because Matthew Durant is a brilliant young man who has treated some people well in his life.”

  Thibedeaux’s eyes hardened as he said, “We’re here because you determined Matthew Durant intentionally bashed in the skull of Brian Cutler with a beer bottle to cover up his attempt to buy drugs. And you should ask why a young man who would demonstrate such callous disregard for the life of another person would engage in charitable acts. I’d suggest Mr Durant engaged in charity to bolster and enhance his reputation rather than to improve the lives of others. Mr Durant revealed his true character on the night he crushed Brian Cutler’s skull. And you heard testimony about the effect of Brian Cutler’s death. Brian Cutler is not some fancy, highly educated lawyer. Brian Cutler was a plainspoken oilrig worker. But Brian Cutler’s fiancée and his mother testified his death will change their lives forever. You have the chance to show that Brian Cutler’s life was worth at least as much as Matthew Durant’s life. I’d suggest that Mr Cutler’s life was worth far more than Mr Durant’s because Mr Durant punctured Brian Cutler’s skull with a beer bottle. And you should punish Matthew Durant accordingly. Thank you.”

  “Ms Boudreaux?” Judge Masterson asked.

  “Ladies and gentlemen, I’d also like to thank you for your long and difficult service. Mr Thibedeaux spent a great deal of time discussing facts that you’ve already determined because, under the law as Judge Masterson will describe it to you, Mr Durant does not deserve the death penalty. Judge Masterson will provide you with a long list of aggravating factors that may warrant the death penalty, and those aggravating factors are pretty horrific. They involve crimes such as forcible rape, killing a police officer, killing a witness, killing someone under the age of twelve and killing someone over the age of sixty-five. The only aggravating factor that even arguably applies in this case is that Mr Durant is alleged to have been purchasing cocaine. That’s it. And that single factor is not enough to justify a death sentence,” Lisa said.

  “You’ve heard testimony from a wide variety of people who’ve known Mr Durant throughout his life. Those individuals all testified Mr Durant is a moral person who treated others in his life with kindness. He taught several illiterate adults how to read; he represented impoverished people accused of crimes for free; and he treated his coworkers with respect. As Judge Masterson will instruct you, if you find Mr Durant shouldn’t receive the death penalty, he will go to prison for life. Ms Cutler and Ms Trudeau will have the death they desire so strongly. Matt will grow old and die alone in prison. And I think that’s sufficient punishment for the crime that you found this exemplary young man has committed.”

  Matt swallowed as he considered the best-case scenario.

  Lisa continued, saying, “And I submit the evidence of Mr Durant’s character shows more than that Mr Durant doesn’t deserve the death penalty. The evidence shows Mr Durant can and will continue to benefit others in prison. Mr Durant has the academic qualifications and background necessary to teach law school. Can you imagine the good he’ll do for other prisoners with his ability to teach? I simply ask that you give him the opportunity. Thank you.”

  Matt mouthed, “Thank you,” to Lisa as she rejoined him at counsel’s table. He’d been right about her intelligence and passion; in the end, he didn’t think her inexperience had mattered.

  “Thank you, Ms Boudreaux,” Judge Masterson said. “Ladies and gentlemen, I’ll now instruct you on the law that governs your decision about whether Mr Durant should receive the death penalty or life imprisonment. You should focus on the circumstances of the offense, the character and propensities of the offender and the impact that the death has had on the family members. Louisiana law sets forth several aggravating circumstances you may consider in deciding whether to impose the death penalty.”

  Judge Masterson then recited a list of twelve potential aggravating factors with the only pertinent factor being that “the offender was engaged in the distribution, exchange, sale or purchase, or any attempt thereof, of a controlled substance.” Judge Masterson instructed the jury that it must consider eight different mitigating factors. “Under Louisiana law, I’m also obligated to instruct you the alternatives are life imprisonment without parole or execution. Although a parole board cannot shorten a life sentence in this case, the governor of the state is empowered to grant reprieves, pardons and commutations of either a life sentence or the death penalty. You must find a sentence of death is warranted unanimously. If you cannot decide unanimously, then Mr Durant will receive a sentence of life imprisonment. You may now retire to consider your verdict.”

  After Judge Masterson delivered the instructions, the defense team returned to the conference room. Though everyone in the room knew it was one of their final chances to be together, no one spoke: the weight of what was to come overwhelmed their ability to be present in the moment, let alone make the most of it. And the clerk announced that the jury had reached a verdict in fifteen minutes. The jurors took their seats and Judge Masterson asked, “Have you reached a decision on the appropriate sentence?”

  The jury foreperson responded, “We have, Your Honor.”

  “What is your decision?”

  “We’ve decided Matthew Durant should be imprisoned for life, without the possibility of parole.”

  Matt felt a rush of happiness before realizing how little he had to be happy about. Even Thibedeaux didn’t look disappointed and the defense team collectively slumped in relief. Matt wondered whose testimony had affected the jurors the most and guessed it was his mother’s. After bringing him into this world, Mary hadn’t been willing to watch him depart it, shifting to him the enormous, looming burden of living.

  “These proceedings are concluded,” Judge Masterson said. “Jurors, thank you for your service. Officers, remand Mr Durant into the custody of the Wheaton State Penitentiary.”

  Farrar had convinced the court officer to allow him and Mary to meet with Matt one last time in
the conference room in the back area of the courthouse. Farrar said, “Matt, I’m going to have Lisa start reviewing the record immediately, so we can begin work on the motion for a new trial as the first step toward appeal. We’ll do everything in our power to get this verdict overturned.”

  “Thank you again. If not for all of your hard work, I might very well be facing execution,” Matt said.

  “Matt, I love you so much,” Mary said. “You know I’ll write and visit as often as I can. I’m still proud of you. I don’t care what those twelve idiots think.”

  Part III

  Chapter 17

  Matt boarded another converted school bus with men unaccustomed to wearing suits: all on their last trip of over a few miles. They stared out the windows as the city of New Orleans retreated from the side windows to the rear, the bus traveled west on I-10 near Baton Rouge and Matt caught sight of Tiger Stadium—he couldn’t bear to blink; he didn’t want to shorten his last look by a millisecond.

  The traces of Baton Rouge fell away, and, as they entered rural Louisiana, they traveled through a procession of one-stoplight towns. Wheaton State Penitentiary was a small prison compared to its more famous neighbor, Angola, and had been opened as a maximum-security alternative. Matt hoped it hadn’t avoided the intense court supervision of Angola following decades of institutionalized brutality.

  As with his initial trip to the Orleans Parish Prison, each prisoner had an individual bench. The humiliation of being chained soon faded into the background, reduced to a quiet burn. But he could hardly contain his panic as they approached their destination. His right eye began to twitch, and, when he lifted his cuffed hands in front of him they were unsteady, so he lowered them again to his knees, hoping no one had noticed.

  The bus stopped at the Angola prison entrance. A red-brick sign, surrounded by well-tended bushes, some bursting with flowers like cotton poufs and others with slender red stalks, announced: Louisiana State Penitentiary. Behind that sign, a second quoted a former inmate and then the Bible: You are entering the land of new beginnings; I’ve learned to forgive and forget about the things that are behind me. I am pressing forth and reaching for the things that are before me…