by Kenneth Eade
Brent paused and looked at the jury. From his point of view, they all looked as if they imagined Nancy in her kitchen, baking cookies, instead of concocting poisonous booby traps and putting them in flower bouquets.
Chernow was so eager to cross examine Nancy, it seemed as if he would pee his pants. He was wiggling in his chair and biting on the top of his pen the entire time, in between making furious notes.
“Your Honor, is it about time for the afternoon break?” Brent asked. “It looks like it may be time for a bathroom break,” he added, nodding in Chernow’s direction. There were some chuckles from the gallery and some smiles from the jury, but the Judge didn’t notice Chernow sitting there looking as if he was busting his bladder.
“I say we press on, Your Honor,” Chernow insisted.
“Just didn’t want anyone getting green, Your Honor.”
Several members of the jury laughed. They had noticed. The judge looked at the wall clock.
“Indeed it is time for the break,” said the Judge. “Court will be in recess for fifteen minutes.”
Normally Brent would not want to give the opposition any extra time to work on their cross, but, in this case, he didn’t care because he knew that there was nothing that Brad could throw at Nancy that she could not handle, and he wanted the testimony she had just given to ferment.
* * *
Nancy sat back in the witness box, all lonely and afraid. She remembered what Brent had told her. Just tell the truth and everything will work out. But she just couldn’t wait to get off that stand and out of that courtroom.
“Mrs. Haskins,” asked Chernow, “Isn’t it true that you didn’t like Ms. Densmore?”
“Yes, I already said that.”
“You hated her, didn’t you, Mrs. Haskins?”
“No, I didn’t hate her. She just wasn’t one of my favorite people. Whenever I had contact with her it was never pleasant.”
“Move to strike after “No I didn’t hate her” Your Honor.”
“Denied. Please continue.”
“In fact, you blamed Ms. Densmore for the foreclosure on your house, didn’t you?”
“No, as I said before, I knew I was behind on my assessments. It was nobody’s fault but mine. I just think she should have tried to work it out with me.”
“Move to strike as non-responsive, Your Honor.”
“Granted. Answer the question please, Mrs. Haskins.”
“Can you repeat the question, please?”
“Yes, you blamed Ms. Densmore for the foreclosure on your home, didn’t you?”
“No, I did not. I didn’t like her intolerance and lack of compassion.”
“Move to strike after “No I did not,” Your Honor.”
“Denied.”
“You knew it was Ms. Densmore’s birthday, didn’t you?”
“No, how would I know that?” Nancy looked genuinely surprised at that question.
“And on that day, you had a bouquet of flowers delivered to Ms. Densmore, isn’t that correct?”
“No, it is not. Absolutely not.”
Chernow knew that Nancy would deny it, of course. He was just trying to crack her credibility in front of the jury. Brent hoped that he didn’t crack her completely.
“And you rigged the flower food package to explode with deadly ricin, isn’t that correct?”
“No, I did no such thing. Before this court case, I didn’t even know what ricin was.” Nancy looked at the jury as if she was pleading for help.
“You never watched Breaking Bad?” asked Chenow.
“What’s that?” Nancy asked, innocently. Two of the men in the jury chuckled and all of the women looked surprised. They had obviously never seen Breaking Bad either. Chernow continued, flustered.
“And then, after the ambulance left with Ms. Densmore in it, you broke into her house, and took away all evidence of the poisoning, isn’t that true, Mrs. Haskins?”
“I did no such thing. God knows it, and I think in your heart of hearts, you know it too, Mr. Chernow.” Point for Nancy, thought Brent.
“Your Honor! Move to strike as non-responsive.”
“The answer will be stricken and the jury is to disregard everything after I did no such thing.”
“You cleaned up every trace of ricin at Ms. Densmore’s house, didn’t you, Mrs. Haskins?”
“I did not!”
“And you removed the cellophane and package that was contaminated with ricin and threw it away in your own garbage can, didn’t you Mrs. Haskins?”
“No, I did not. I swear it!” Nancy was holding her own. The poor girl didn’t crack.
Chernow wore Nancy down, varying his questions around the same deadly theme until he finally had shot his load and stopped.
“Redirect?” Brent had been saving the best for last.
“Thank you, Your Honor.”
“Mrs. Haskins, how did you feel when you won the action to set aside the foreclosure?”
“Objection, irrelevant and outside the scope of cross examination.” Chernow had given Brent a gift. He argued his objection in front of the jury.
“Your Honor, it is inside the scope and I am entitled to examine Mrs. Haskins state of mind. Her elation after the foreclosure was off eliminates any criminal intent.”
“Your Honor!” Chernow protested.
“Overruled, you may answer.”
“I felt relieved. It was like all was good in the world again. I was happy for the first time since Burt was alive. I was so… happy!” Nancy started to cry. The Judge whispered to the clerk, who gave her box of Kleenex to the Bailiff and he delivered it to Nancy.
“Thank you,” she said, taking a Kleenex from the box and wiping her eyes. “I can’t believe this is happening!” More tears. Every member of the jury looked like they wanted to hug Nancy.
“Your Honor, there is no question pending,” said the heartless Chernow.
“Do you need a break, Mrs. Haskins?”
Say no! Say no! thought Brent.
“No, I’m alright.”
“Mrs. Haskins, given the fact that you were so happy, what thoughts, if any, did you have for Ms. Densmore?”
“Only good thoughts for everyone. I was so relieved, there was nothing that anyone could do to get me down. I was finally back on a positive track, with a plan how to resolve all my financial worries. Then this.” She clenched her wadded Kleenex and looked up at the ceiling, as if to ask God why he slammed her with this after everything was going so well.
“No further questions, Your Honor. The defense rests.”
“Thank you Gentlemen. You may step down Mrs. Haskins. Ladies and gentlemen of the jury, we are going to recess for the day so the lawyers and I can go over jury instructions.
“Let me give you ladies and gentlemen an idea of what will happen tomorrow. The People will give their closing argument, then the defense. Then the People will give their rebuttal to the defense argument. Then I will read all of the instructions regarding the law to apply to the evidence you have heard in this case. You don’t have to worry about taking notes, because a copy of all the instructions will be made available to you in the jury room. Have a good afternoon and we will see you back here at 9:00 a.m. sharp tomorrow.”
* * *
It was a quiet evening, quite a contrast to the hectic and strenuous day in court. Brent reviewed all the notes of the trial, while Angela took care of him and the cat. It was like they had been living together for years.
“You’re going to do great tomorrow, honey, I know you are,” said Angela, as they hit the pillows.
CHAPTER THIRTY-SEVEN
The jurors filed in and took their seats in the crowded courtroom. Today was the day of final argument, a lawyer’s masterpiece theater. Today there would be no witnesses, no cross examinations, only raw combat between two legal gladiators. There would be no choice of weapons in this Coliseum. The weapons were words, which they would hurl at each other with precision, like smart bombs.
“Ladies and
gentlemen, said the Judge. “You have heard the evidence and now you will hear the arguments of the attorneys. Please keep in mind what I told you at the beginning of this trail. Argument is not evidence and you must not consider it as such. Mr. Chernow, you may make your final argument,” said the Judge.
“Thank you, Your Honor,” Chernow said, as he approached the jury box confidently, like a boxer stepping into the ring. He put his notes on the podium that had been set in front of them.
“Ladies and gentlemen, you have patiently listened to all the evidence in this trial. First, I would like to say that it is understandable that you may have compassion for the defendant. You may think that she is otherwise a nice lady. But remember this – you have a very important responsibility here. You are making the decision in this case. Our society cannot peacefully exist if people are allowed to kill each other, and whether you think you like a person or not, if he or she has committed murder, you twelve people, sitting as a jury, cannot let your emotions get in the way of your duty.
“Remember what I told you in the opening statement, that a trial was like a puzzle? You now must consider all of the evidence you heard and saw, and put that puzzle together. Most of it was circumstantial evidence, but a case may be proven by circumstantial evidence. As the judge will instruct you, circumstantial evidence is evidence that does not directly prove a fact to be decided, but is evidence of another fact or group of facts from which you may logically and reasonably conclude the truth of the fact in question.
“The Judge will also instruct you on the elements of murder by poison. He will tell you that ricin is a poison. If you find that the defendant intended to kill Barbara Densmore and you find that she was killed with poison, you must return a verdict for first degree murder with special circumstances.
“Let’s talk about the poison first. The People have shown beyond any reasonable doubt, that Barbara Densmore was killed by the administration of ricin from a package that contained flowers that were delivered on her birthday. How do we know this? We have expert testimony from Dr. Perez that ricin poisoning was the cause of death. The actual packaging which contained this lethal ricin bomb was found at the defendant’s house inside the defendant’s garage.
“Fingerprints of Barbara Densmore were all over the cellophane wrapping, so the only reasonable and logical conclusion you can draw from that is that this was the murder weapon, because even just a small amount of ricin can kill you. You have heard the testimony of our expert who stated that the package containing the ricin exploded like bomb when Ms. Densmore opened it. And the only reasonable and logical conclusion you can draw from the fact that the packaging was found in the defendant’s home is that she put it there after she cleaned the crime scene. It was in her possession and control and there is no contradictory evidence to draw any other inference of how it got there.”
Chernow continued, pausing to quench his drying mouth with water, and then pushed on, arguing every facet of his case. It was a thorough, but boring argument. Boring because he covered every single piece of evidence and testimony, as he felt he had to. Thorough, but too detailed and clinical. Nevertheless, the jury appeared to be following him. After all, nothing he was saying was anything they had not heard before.
Brent took notes during Chernow’s argument to make sure that he would address everything that Chernow had said when it was his turn to argue. Chernow had two opportunities to address the jury, but Brent would have only one. He had anticipated everything he thought Chernow would say in making his outline, but he needed to be sure that every point that Chernow made was addressed and argued. He also paid attention to the jury as Chernow continued to argue.
“Now let’s talk about intent to kill, the other element of the charge of murder by poison. Ricin is a deadly poison. The act of rigging the ricin to explode in Barbara Densmore’s face was a willful act, not an accident. It was a conscious act, in disregard for human life, and calculated to deliver a lethal penalty. Before this deadly gift was delivered, Nancy Haskins had the opportunity to think about it and decide to back out of her murderous plan. She could have called the delivery off at any time. She could have run over to Barbara’s house and taken the flowers away. But she didn’t change her mind. This shows deliberation, ladies and gentlemen. She knew that ricin would most likely kill Barbara Densmore, or anyone who opened them. Her plan was to kill Ms. Densmore. Why else would she deliver flowers laced with one of the deadliest poisons known to man?
Chernow continued his argument all the way to the lunch hour, using all of his allotted time, so his words could percolate along with the juror’s coffee and sit in their brains as they munched on their ham and cheese sandwiches. He stepped around and in front of the podium to cast his final spell.
“Ladies and gentlemen, the evidence leads to only one reasonable and logical conclusion. The People have proven beyond a reasonable doubt that the defendant…”
Chernow paused, turned to Nancy and pointed his finger at her, just in case the jury had forgotten who the accused actually was.
“…Nancy Haskins did willfully, deliberately, in conscious disregard of human life, and with premeditation, murder Barbara Densmore by poison. You have a sworn duty to find her guilty of murder in the first degree with the special circumstance of murder by poison. Thank you.”
Chernow took one last, serious look at the jury and then confidently walked back to the counsel table and took his seat.
“The Court will be in recess. See you back here at 1:30. Ladies and gentlemen, I remind you again that you may not discuss the case with anyone else, or amongst yourselves.”
CHAPTER THIRTY-EIGHT
Brent approached the lectern and set down his outline, which was all marked up from the notes he had taken during Chernow’s final argument. He had to cover his original material, and all those notes, including everything he had anticipated that Chernow would say in his rebuttal, because this was the last chance Brent would have to make his plea to the jury.
“Ladies and gentlemen of the jury, good afternoon. You have heard and seen all of the evidence that the People have to present in this case. Lawyers are sometimes known as “mouthpieces.”
Brent saw that most of the men on the jury were smiling at this comment. He was happy that he could hit an empathetic note with them. After all, they were the captive audience.
“And now is the time when we engage in the fantasy that anything we may have to say about this case may make a difference in how you make your decision. Since you’ve already heard all the evidence that the People have presented, there should be nothing more to say. This case is not a boxing match between myself and Mr. Chernow where you award the winner based on which jabs connected and which didn’t. It’s not a game show, and your verdict isn’t a price that goes to the wittiest contestant.”
Brent put up his finger, and wagged it at the jury as he continued.
“No, no. The stakes here are far graver than that. Your decision determines the fate of this kind old lady who is a stranger to all of you. You will probably never see her after today, never touch each other’s lives again in any way, but the decision that you make today will impact her for the rest of her life.
“You will be instructed by the Judge that, in order to find Nancy Haskins guilty of murder in the first degree, you must find, beyond a reasonable doubt that the evidence shows she intended to kill Barbara Densmore. You must also find, without a reasonable doubt, that she did in fact kill Ms. Densmore, and, in order to find the special circumstances that Nancy Haskins committed murder by poison, you must find, beyond a reasonable doubt, that she used poison to kill Barbara Densmore. In this case, ladies and gentlemen, it is impossible for you to come to those conclusions.”
Brent left the podium, stood in front of the jury box, and continued.
“In order for you to examine each piece of evidence through this looking glass of reasonable doubt, you have to know what it means first. What does it mean when the Judge tells you that reasonable do
ubt doesn’t require that every doubt has to be erased from your mind? To make a finding beyond a reasonable doubt means that you have to be convinced in your own mind that the fact is true to an abiding conviction. That is what the law says, but does anyone know what that means? I know that a lot of kids believe in Santa Claus to an abiding conviction…”
There were some smiles and chuckles from the jury box. Brent took a sip of water from the cup on the podium and continued.
“I know that many people believe in God to an abiding conviction, and that some people don’t. This is a very difficult task, you see.
“The Judge will tell you that reasonable doubt is not imaginary, it’s not what you think may be possible, but a fair doubt in your mind, that leaves you, after careful examination of all the evidence, in a state where you cannot say with an abiding conviction to a moral certainty that the particular element or charge against the defendant has been proven. But there’s no mystery about your role here. You have to question every piece of evidence, with your minds and with your hearts, to decide whether you have that abiding conviction or not. There is no other way to do it.
“Think of this trial like an airplane. Most of you have probably been on an airplane and you know that you are entrusting your lives to the pilot every time you fly. The pilot is given a route to follow, and the computer of the plane can probably do most of the work for him, but the pilot is the one who looks out the window and constantly checks all the instruments to make sure that he or she sees just where the plane is going and that everything is in proper working order.”
“I think most of us who have flown have had to sit on the tarmac or even get off the plane because the pilot found that an instrument is not working correctly, or an indicator light is out of order. After all, he or she is responsible for the lives of the passengers, just as you ladies and gentlemen are responsible for this important decision.
