The Burden

by Andre Gonzalez

  The jurors looked around at each other, shaking their heads

  “Thank you, and have a pleasant weekend. Court is adjourned.”

  The banging of the gavel echoed throughout the room, and it sounded crisper to Jeremy than any time before.

  The audience broke into immediate chatter, and if Jeremy had turned around he would have seen a handful of people in tears from Elayna’s testimony. His parents sat in the front row, as they had all trial, but he didn’t so much as glance in their direction. Linda had told him he was doing a good job in court showing no emotions, so despite his wanting to break down on the inside, he saved that for when the lights went out in his jail cell.

  The image of Elayna’s empty eye socket would forever burn in his mind, and he accepted that.

  31

  Chapter 31

  Monday, November 6, 2017

  Day 11 of the trial

  On Monday morning the courtroom hummed with energy. Word had leaked over the weekend that the defense only had one witness to call, which meant deliberations would start this afternoon.

  Jeremy was pleased to hear that media coverage had increased over the weekend and many outlets had made plans to cover the verdict reading live.

  Linda had visited him on Saturday to update him on the next steps. There wasn’t much he didn’t already know. After the defense rested their case and closing statements were completed, he would simply wait until the jury returned with a verdict. The waiting game could range anywhere from a few hours to a few days, possibly even a few weeks. It all depended on how the jury felt right off the bat. If most were leaning one way, it could be a quick process to persuade the remaining few to vote in their favor. If the jury was split, then they could expect to wait a while.

  “Quick never acquits,” she said. “We’ll know by the end of Tuesday how this might look. Hopefully. Another thing to keep in mind is that juries usually make the same decision the judge would. Even though the judge has no official vote, listen closely to how he presents the jury with their final instructions. His tone will be slanted one way or another. I’m gonna be listening for how much emphasis he puts on the fact that the prosecution has the burden of proof for your sanity.”

  “So when do you think we’ll know?”

  “Hard to say. This has been a tough jury to read, partly because of how long the trial has been. People tend to lose the enthusiasm they might have had for a typical three-day trial, and just want to go home and get back to their lives. Closing statements will conclude Monday afternoon. The jury will come back early Tuesday morning to start deliberation. I’d say if we don’t hear anything by two o’clock, things will be looking favorable. If they turn in a decision before then, I’m afraid it won’t be one you’ll want to hear.”

  Jeremy kept this in mind as his guts bubbled in angst on Monday morning. Within the next two weeks, at most, his life would be decided. He would either succeed in his mission for the mentally ill or would have to suffer the rest of his days wondering what the fuck went wrong. If convicted, he would become a mere footnote in history. People would talk about him in social gatherings years from now and say how they wished someone would just off him in prison already and stop wasting the taxpayers’ money. Or there was still the chance that they’d call for the death penalty and put him out of his misery. Jeremy wasn’t sure which would be worse.

  “I think his name started with a J," they’d say as he sat every day looking at the wall and waiting for the reaper to come pick him up.

  Judge Zamora entered to begin the final day of testimony.

  “All rise!” the bailiff barked from his corner. Judge Zamora hurried to his bench and everyone sat in unison, seats creaking as all chatter ceased.

  “Good morning, folks,” the judge greeted them. “Ms. Kennedy, it’s my understanding you will call one witness today, is that correct?”

  “Yes, Your Honor,” Linda said. She wore a strong perfume that reminded Jeremy of the scent Jamie used to leave on his bedsheets.

  “Mr. Batchelor, will you be ready for closing statements this afternoon?”

  “Yes, Your Honor.”

  “Ms. Kennedy, will you be ready to follow Mr. Batchelor?”

  “Yes, Your Honor.”

  “Very well, does counsel have anything to discuss before we call in the jury?”

  “No, Your Honor,” Geoff and Linda said.

  Judge Zamora gestured to the bailiff to bring in the jury, and they all walked in their usual single file line to the jury box. Jeremy thought they all looked refreshed after the weekend, and he could hope that only a limited amount of the graphic crime description remained in their heads.

  “Okay, Ms. Kennedy, please call your witness.”

  Wilbert approached the podium. They had decided he would examine their lone witness to allow Linda to save her energy for closing statements. Wilbert wore an all-black suit and looked more like Secret Service detail than a defense attorney.

  “The defense calls Dr. Ana Brown.”

  All heads turned to the tall, slender woman walking down the aisle. She crossed the bar and pushed her shoulder-length brown hair behind her ears. She smiled at the judge, revealing pearly teeth nearly as white as her pale skin, as she was sworn in.

  “Good morning,” she responded in a gentle tone to Wilbert.

  Jeremy noticed the entire jury sat on the edge of their seats. They had also been informed of the upcoming timeline by the jury commissioner and knew this would be the final testimony before moving on to the next phase.

  “Dr. Brown, can you please tell us about your background in psychology?”

  “I attended U.C.L.A and earned my bachelor’s, master’s, and PhD in psychology. I have worked both as a professor and in the field of forensic psychology.”

  “Have you done any courtroom testimony?”

  “Yes. Most of my field work has been in the criminal justice system.” She spoke softly, yet confidently.

  Wilbert walked her through more background questions, and she explained her process for conducting the interviews with Jeremy, similar to Dr. Reed’s methods described the previous week.

  “Can you please tell us your diagnosis for Mr. Heston?”

  “After all my research, I believe that Mr. Heston is suffering from bipolar disorder.”

  Someone in the gallery gasped. So far, the only diagnoses that had been discussed were possible schizophrenia and schizotypal disorders.

  “Can you tell the jury how bipolar disorder differentiates from the schizotypal disorder that Dr. Reed had diagnosed?”

  “Schizotypal disorder is a sub phenotype of schizophrenia. This disorder may cause delusions or hallucinations, voices in the head, and can’t be swayed. Whereas bipolar disorder causes drastic mood swings.”

  “And you are aware that Mr. Heston has schizophrenia in his genetics?”

  “Yes.”

  “And you still don’t believe there’s a chance he’s suffering from schizophrenia?”

  “No. Genetics get tricky. We understand them to an extent. It’s possible for bipolar disorder to work its way down the genetic line, but genes can’t be given full credit for causing it. ”

  “Please tell us about the symptoms of bipolar disorder.”

  “Symptoms can vary widely, based on which mood the personality is currently in. If one is having a high, they may be extremely active in goal-oriented activities, have increased libido, racing thoughts, and a desire to spend money. If they are on the low end of the spectrum, they will show changes in appetite, sleep patterns, loss of interest in previously enjoyed activities, and a sense of worthlessness. In the most extreme cases, suicide is likely.”

  “I’d like for you to explain this spectrum of emotions for the jury. We have a chart you provided, so you can explain with visuals.”

  Wilbert pointed a remote at the same screen Geoff had shown the gory images on during opening statements, and it flicked to life with a line graph that had different colored lines going in all sort
s of directions. The vertical axis was labeled from top to bottom: Mania, Hypomania, Mood, Depression.

  The horizontal axis started in the middle where Mood was listed and ran across as a timeline of two years.

  “Proceed, Dr. Brown.”

  “If you will first note the green line on the graph. This line represents the average person. You’ll see it mostly hovers above the mood line, meaning people are generally in a positive mood. Also note it dips below the mood line to represent the lows people encounter in life. Lows typically come after job loss or a family death, for example.

  “The purple line you see represents people with bipolar one disorder. Bipolar one is the most severe case of the disorder. You see how the lows dip all the way to the bottom of the graph, and the highs reach the top. The highs and lows can last anywhere from two weeks to several months at a time. The lows are a deep depression, where the person may have big changes in their sleep patterns, their appetite, and their overall joy in life. Whereas the highs can cause racing thoughts, quick speech, increased libido, and irresponsibility with decisions.

  “Lastly, the blue line you see represents people with bipolar two disorder, a less severe case, where you’ll see the highs and lows are about half that of bipolar one, but they still rise and fall over time.”

  “Thank you, Doctor,” Wilbert said. “Can you explain where Mr. Heston falls into this graph, based on your diagnosis?”

  “I believe Mr. Heston is suffering from bipolar one disorder. I feel he was suffering from a manic high that eventually sunk to a low that led to the events on March 11.”

  “I know you’ve given us a general outline on how this works, but please tell us what symptoms you feel applied directly to Mr. Heston.”

  “Of course. It’s first important to note that a manic high, or manic episode, can last for several months. Looking at the big picture and the timeline of events leading up to March 11, it’s fairly straightforward to see his high and also see when it started its downward trend on this graph. Focusing on the year before the shooting, Mr. Heston was very much on a high. He had a great deal of respect at his job and was in line to do big things in the future—which made him feel good. However, where most people might simply feel happy about this, those with bipolar one disorder feel their highs in the extreme.

  “Mr. Heston was in a relationship at the time, and according to the interviews I conducted with him, he craved sex more than one normally would. Fortunately, Mr. Heston had other good things going on in life, such as a raise and bonus he had received from his company. Had he not had these other highs, I believe his sexual tension would have boiled to a point that sent his mood into a low. Instead, we see Mr. Heston doing other activities that would suggest a manic episode. He bought a $700 rifle—which I highly doubt he had any ill intentions for at the time of his purchase. This is where we see irresponsible spending from Mr. Heston. Aside from buying the firearm, he started clearing out his bank account every payday. According to Mr. Heston, this money was spent on strippers, alcohol, cannabis, and gambling. Assuming that is true, Mr. Heston could have maintained his high much longer than normal, as his brain became used to the increase in dopamine.

  “In the fall of 2015 is where we see Mr. Heston’s mood start its downward trend. But the mood doesn’t change overnight. It could take weeks or months to fall from the high to a low. In the fall, Mr. Heston dealt with the rejection of a promotion and the ending of his long-term relationship, followed by another rejected promotion opportunity—three negative events that literally pulled him from his high. Where most people would fall into a slight depression for a few days after going through something like this, for someone with bipolar disorder the low would be the drastic dip you see on the graph.

  “This low is considered a depressive episode, where the person can suffer from a lack of appetite, insomnia, fatigue, guilt, rage, hate, and even delusions. Mr. Heston would have started his descent to this stage in the fall and would have likely been at his lowest point during December or January. Mr. Heston did not speak fondly of his family or the holidays, compared to the way he did earlier in life. This tells me he was definitely in the midst of a depressive episode around that time, before things started to peak again around early February.”

  “Dr. Brown, excuse my interruption, but if Mr. Heston was trending back up by February, how does that explain the shooting a few weeks later?”

  “I would call it the perfect storm. There is something within the realm of bipolar disorders called mixed affective state. This state of mind, as suggested by its name, occurs when elements of both mania and depression are present—one is having highs and lows at the same time. The mind essentially has a battle with itself, and this leaves a person to suffer from suicidal thoughts, mood swings, or trouble with impulse control.”

  “And you found this to be the case with Mr. Heston?”

  “I did. It appeared he was on his way up from his low when he was delivered news about not receiving a raise. I feel this event triggered another downward spiral, when his mind was on its upswing. When a person enters the mixed affective state they become highly unpredictable and can find themselves going to bed happy one night and waking up with angry thoughts in the morning. At this point in time, decisions are made on a whim, with no regard for the consequences, and that’s what I believe happened.”

  “Thank you for your time, Dr. Brown. I have no further questions.”

  Wilbert returned to the table, and Jeremy could see that sheer joy hid underneath his composed façade.

  Geoff approached the podium. “Hello, Dr. Brown. I feel like the genetics analysis of your case study was brushed over briefly. Can you go into the details of how the defendant could have had bipolar disorder if his ancestor had schizophrenia?”

  “Schizophrenia and bipolar disorder are both mental illnesses. Both have similar characteristics of delusions and impulses. It has been proven that mental illness can be passed down through genetics, and not necessarily in the same form. Schizophrenia can easily be passed down into a form of bipolar disorder through genetics, and vice versa.”

  Dr. Brown spoke in a calm, defensive voice.

  “Okay. Were there ever signs of bipolar disorder in the defendant’s childhood?”

  “Not that I found. But, bipolar disorder is a disease that can remain dormant until the age of 25. It’s an illness that typically doesn’t show signs until the brain is fully developed, whereas schizophrenia can begin from birth and progress with someone through their early years into adulthood.”

  “At any point in your interviews did you consider that all these events just happened to revolve around Shelly Williams and that this may have been an act of revenge?”

  “Of course. I never rule out any possibility until there is a clear answer. While Mr. Heston’s case can appear to be an act of revenge, there were many external factors as well that contributed to his actions. Shelly Williams was simply another one of those factors.”

  “So you admit his actions can appear to be an act of revenge?”

  “Yes, they can appear so, but looking into the matter, there’s a lot more going on than vengeance.”

  “Now, Dr. Brown, I watched the initial video footage and read your report immediately after your interview with the defendant. You had initially diagnosed him with psychosis. Why are you now claiming his diagnosis as bipolar?”

  “Psychosis is more or less a sublevel to bipolar disorder. It’s also in the same family as schizophrenia. I had originally diagnosed him with psychosis based on our interviews, but a proper diagnosis for psychosis includes blood testing, which came back a couple days later with no signs of psychosis.”

  “So you made an incorrect diagnosis at first?”

  “I wouldn’t call it incorrect, I simply didn’t have all the information required to make it an official diagnosis. Once I read his blood tests, I changed the diagnosis to bipolar disorder.”

  “What’s the difference, then, between the two disorders?”


  “Psychosis is technically easier to diagnose, as there is concrete evidence in the bloodwork, whereas bipolar disorder relies more on a doctor’s evaluation.”

  “So at the end of the day, your diagnosis is based more on your professional opinion rather than the hard science?”

  “Well, no. I was able to eliminate psychosis because of the hard science.”

  “I see. Thank you, Dr. Brown, no further questions.”

  Murmuring spread from the back, and Jeremy felt a shift in the mood.

  Linda stood and straightened her blazer with quick strokes of each hand. “Your Honor, the defense rests.”

  “Let’s take a thirty-minute recess before closing statements.” Judge Zamora banged the gavel, causing a flood of chatter.

  32

  Chapter 32

  Monday, November 6, 2017

  “Ladies and gentlemen of the jury, we’re about to begin the process of closing statements,” Judge Zamora said. “Please keep in mind that these statements are not factual evidence and are meant to be a summary of all the evidence presented. In no way should the following statements be used in your deliberation.”

  The judge took a sip from the cup of water on his bench. “Mr. Batchelor, you may begin.”

  “Thank you, Your Honor.”

  Just as he had begun his opening statements, Geoff stood in front of the jury box, pointing a remote at the television on the opposite wall.

  The screen flickered to show a slideshow, scrolling through each of the thirteen victims in pictures. The courtroom fell silent as these pictures scrolled, before the screen cut to black and a muffled noise blared from the speakers.

  “There’s gunshots!” a crackled voice shrieked as the steady firing of a rifle echoed in the background. “There’s blood everywhere! There’s fucking bodies all over!”

  The recorded 911 call cut out, and Geoff let the tension from the clip hang in the air before speaking.