by Roy Glenn
Crime of Passion
by Roy Glenn
© Copyright Roy Glenn 2011
Smashwords Edition
Escapism Entertainment
Atlantic Beach
All rights reserved. No part of this book may be reproduced in any form or by any means without prior consent of the publisher, excepting brief quotes used in reviews.
This is a work of fiction. Any references or similarities to actual events, real people, living or dead, or to real locales are intended to give the novel a sense of reality. Any similarity in other names, characters, places, and incidents is entirely coincidental.
Closing Arguments
“Mr. Douglas, are you ready to proceed?”
Marcus stood up and glanced at the jury. “Yes, your honor,” he said and walked slowly over to the jury box. “Good morning, Ladies and Gentleman.” Marcus paused briefly as his eyes scanned the jurors. “Well, here we are. It's been a long road we've traveled together.”
Throughout the trial Marcus had worked hard to develop a relationship with the jury. During his opening arguments he promised to act as their advocate. He assured them that he would ask the questions they wanted answers to. Whenever Marcus questioned a witness, he always stood in front of the jury box. When a prosecution witness said something he felt was damaging to his client, he would casually glance at the jury. Sometimes he would smile, other times he would just shake his head. This tactic proved most effective. So effective that when certain members of jury heard something they thought was questionable, they would look in Marcus' direction, seemingly seeking his approval as to whether they should believe it or not.
“When we first met I told you that the prosecution would present you with a strong argument for finding Roland Ferguson guilty of the murder of his wife, Desireé Taylor Ferguson and Rasheed Damali. The prosecution promised that they would present to you, ladies, and gentlemen, the facts in this case. And that once presented with those facts you will find Roland Ferguson guilty of these two brutal murders. However, I also made you a promise. I promised each of you that their presentation would consist not only of the facts of this case, but it will be mixed with theory. A theory of how and why those events took place in order to lead you, ladies and gentleman, to believe that Roland Ferguson had the motive and the opportunity to commit this horrible crime. A theory that will be presented in such a manner that the facts of this case will support the prosecutions assertions. However, it is a theory all the same. The American Heritage dictionary defines theory as an organized set of assumptions devised to explain a particular event or phenomenon. So let's talk about the facts in this case and then we'll talk about theory. Okay?” he said and each member of the jury acknowledged him. He had them and he knew it.
“It is a fact that on Friday, December 2nd, at 6:30 pm, Mr. Damali checked into a cabin at Laurel Mountain Cabins in Hiawassee, Georgia. This fact is supported by records provided by Laurel Mountain Cabins. We know that Mrs. Ferguson arrived at the cabin occupied by Mr. Damali at approximately 8:00 pm. This fact is supported by testimony provided by William Anderson, who occupied the cabin next to the one occupied by Mr. Damali. He testified that he arrived at his cabin around seven thirty and there was a Black corvette, belonging to Mr. Damali, parked outside the cabin. However, at 8:15 when he returned to the car to get something he'd left, that the gold Mercedes Benz, belonging to Mrs. Ferguson was now parked next to the corvette. These are facts. The Coroner has established the time of death to have occurred somewhere between 1:15 and 1:45 that following morning. Now this is where the theory begins. It is the contention of the prosecution that Roland Ferguson entered the cabin and attacked Mr. Damali.”
Marcus walked to the evidence table and picked up the murder weapon. “Hitting him repeatedly about the head and shoulders with this golf club,” he said as he walked slowly back toward the jury, swinging the golf club in a chopping motion. “Nineteen times, until he was dead. After which he turned to his wife, who was in the Jacuzzi, and hit her fifteen times, with this club. Theory! An assumption devised to fit the facts. The body of Mr. Damali was found on the floor approximately eight feet from the door. Mrs. Ferguson's body was indeed found beaten to death in the Jacuzzi. At the heart of the theory is Roland Ferguson's motive for these murders. According to this set of assumptions that the prosecution would like you, ladies and gentleman, to believe is that Roland Ferguson found out that his wife was having an affair with Mr. Damali. And once this was discovered that he came to the cabin with this club in his hands and murdered the two of them. Adultery!” Marcus said loudly with one finger raised in the air to accentuate his point. Then he gave the jury an easy smile and said softly. “A pretty compelling motive for murder. But let's look at the motive as it relates to the facts, shall we?”
Once again the jury acknowledged him, giving their consent to proceed.
“You have heard testimony that on the night preceding the murders, that Roland Ferguson attended a reception hosted by the Atlanta business community. He arrived sometime around 9:00 pm and he remained there until sometime after 11:00 pm. He was seen by and spoke with countless people, most notably the mayor. Witnesses have offered, both in testimony offered in these proceedings and in sworn affidavits that Roland Ferguson was in good spirits throughout the evening. That he didn't appear to be distressed or anguished or apprehensive. When asked where Mrs. Ferguson was that evening, he replied on more than one occasion that Desireé was out with a business associate of theirs, a Rasheed Damali. So it is a fact that Roland Ferguson knew of his wife's association with Mr. Damali, but did not appear to be distressed by that knowledge.
“Now, after Roland Ferguson left the reception he stopped for gas. Information from the store and his credit card company, supports that Roland Ferguson paid for his purchase at 11:22 pm. Mr. Ferguson said in his statement to the police at their first interview, which in fact, he volunteered to participate in without the benefit of counsel, that he arrived home at 11:40 pm. When the detectives asked him how he could be sure of the time, he responded that he was sure of the time because he noted that he was home before midnight, which is rare after attending one of these gatherings. After which he had a Brandy and went to his study to call his assistant, Connie Talbert's voice mail to make some observations about the evening and to make recommendations as to several courses of action based on those observances. The tape of that conversation and the transcript has been entered into evidence and was heard by this panel. Telephone records support the fact that the call was placed at 11:54 pm. and concluded at 12:21 am. After which he went to bed. Now, according to the prosecution’s theory, at sometime immediately following this point, Roland Ferguson got in his car and made the 127 mile drive from his home to the cabin in Hiawassee to commit this crime of passion.
“Ladies and gentlemen, there are two questions that we must ask ourselves. One, how did he find out where they were? Did Mrs. Ferguson call and say hi, honey, I'm at Laurel Mountain Cabins in Hiawassee with Rasheed Damali? Telephone records that have been entered into evidence prove that no calls, incoming, or outgoing were made or received at the Ferguson residence or the cabin. Cell phone, maybe? Maybe someone called his cell phone? But the phone records don't support that either. Maybe he checked his messages at home and one of those messages delivered the information about their whereabouts? No. The police obtained in their search of the premises, the message, and found nothing to support that. But, the theory asks you to accept that he knew where they were and drove 127 miles to the cabin to commit murder. To make it to the cabin at the time the murders were committed, Mr. Ferguson would have to drive at speeds in excess of one hundred miles an hour. You heard the testimony of Officer Dunn of the Towns County Sheriff Office that he was on duty, parked
on Georgia State highway 76, the only road leading to the cabin. He offered, in his colorful testimony, that if any car came through there speeding that he would have given them a ticket. Which he didn't. So the second question is, once he had that knowledge, how did he get there so quickly? The logical answer is; he couldn't.”
Marcus returned to the defense table to give the jury an opportunity to think about the questions he posed. He poured a glass of water and drank half, before returning to the jury box.
“Let's go to the murder scene. Mr. Damali and Mrs. Ferguson were in the cabin. Mrs. Ferguson was in the Jacuzzi and Mr. Damali had at some point prior to the murder removed his clothes. He was naked! It is the assertion of the prosecution that Roland Ferguson entered the cabin, killed Mr. Damali, and then his wife. How did he get in? There was no sign of forced entry. Did he have a key? No sign that a struggle occurred at the door. So how did he get in? Did Mr. Damali let him in? Now ask yourselves this question, if you're in a cabin in the mountains with somebody's spouse, I don't care how well you know him, are you going to let him in? I know that I'm not. And even if I were going to let him in, I would think that I would put some clothes on before opening the door. But since the facts show no indication of forced entry, that's exactly what the prosecution would have you believe. That a naked Mr. Damali let Mr. Ferguson in the cabin, while Mrs. Ferguson is naked in the hot tub. The Police report states that the body of Mr. Damali was found eight feet from the door and in clear view of the Jacuzzi. So based on that fact, it is safe to assume that Mr. Damali unlocked the door, let Roland Ferguson in and took three or four steps before he was attacked.”
Once again Marcus picked up the murder weapon and walked back to the jury box.
“While the attack is going on, Mrs. Ferguson is watching while her husband hits Mr. Damali nineteen times.” Marcus began swinging the golf club nineteen times.
Assistant District Attorney, Ms. Izella Hawkins looked at Marcus in horror swinging the club wildly as he walked to the jury box. She looked at the jury's reaction. She sprung to her feet.
“Objection your honor!”
“Sustained. Mr. Douglas there is no room in this court for that type of theatrics.”
“My apologies your honor.” Marcus looked at the jury and smiled; he accomplished his point. “And my apologies to you, ladies and gentlemen. However it was necessary to demonstrate how long it would take to beat somebody nineteen times. It took a little less than thirty seconds. And that is only if Mr. Damali's attacker didn't stop. Now, Mrs. Ferguson was watching this and was so petrified by what she was seeing to move. The attacker moves toward her and fifteen hits later she is dead too. The attacker then drops the murder weapon and leaves the murder scene. The bodies are discovered that same morning about 11:00 am by housekeeping who testified that the door was locked and she entered, after knocking of course, with her key.
“Now after Roland Ferguson committed this crime of passion, he is careful to lock the door on his way out, goes home, and gets in bed. End of theory, blended with fact. The murder weapon was left at the scene. Police inventory of the golf clubs found both in Roland Ferguson’s home and at the country club where he is a member indicate that the murder weapon was not a part of either of those sets.” Marcus started to walk away from the jury but turned around quickly. “By the way, in case you were wondering, the police checked with the club staff and no one reported a missing nine iron.”
Marcus turned away from the jury and was handed a piece of paper by Tiffanie Powers, one of the lawyers at his firm. He stood before the prosecutions table. For the first time he addressed the jury from a different spot. He wanted the jury to be looking at the prosecution before he continued.
“Once the murder is discovered, Roland Ferguson is informed by police that his wife was murdered at seven o'clock that evening. Why the delay in notifying her next of kin? The Detectives don't go into any detail about the crime. They don't tell him that she was found brutally murdered in a cabin with another man. Detective Benjamin testified that upon receiving the news of his wife's death, Roland Ferguson began to cry, and I quote from detective Benjamin's testimony, 'he got weak in the knees and became somewhat hysterical'. Roland Ferguson comes in to identify his wife's body and is asked to speak with the detectives assigned to the case. The murder occurred in the city of Hiawassee, in Towns County. Why were City of Atlanta police assigned to the case?
“You see, the prosecution had spoken with officials of Towns County and just that quick, had the case transferred to their jurisdiction. Before the investigation was complete the prosecution had already found their man. Roland Ferguson was their only suspect. Roland Ferguson is the owner of Atlanta Life Insurance Company, among other things. He is a wealthy, well known and high profile member of the Atlanta business community. The press, after hearing of Roland Ferguson's arrest, had a field day. What a feather in their cap to bring down a man of his stature. States Attorney General, Justice Department, maybe even Attorney General of the United States. This city has a long history of unwarranted prosecutions of high profile individuals like Roland Ferguson. This was a rush to judgment of the highest order. I submit to you, ladies and gentlemen that the prosecution looked no further then Roland Ferguson and created an organized set of assumptions devised to convict him of the murder of his wife Desireé Taylor Ferguson and Rasheed Damali. Ladies and gentlemen, Roland Ferguson didn't commit these murders, he couldn't have. And the prosecution has not presented you with any evidence to support their theory of how this crime took place. I only ask that in your deliberations that you consider the facts of this case. That you then separate the facts from the organized set of assumptions. Once you do, I am confident that you will return a verdict of not guilty. I thank you, ladies and gentlemen for your attention.”
THE VERDICT
The court room was packed with spectators and members of the press, all anxiously awaiting the jury’s verdict. It had been two days since Judge Wynn gave the jurors their instructions and sent them to their task.
“Have you reached a verdict?” Judge Wynn said.
“Yes your honor, we have.”
The jury foreperson said as she stood and handed their verdict to the bailiff, who in turn handed it to the Judge. The Judge looked it over carefully and then looked briefly in the direction of the prosecutors.
“Will the defendant please rise.” Roland Ferguson stood up and Marcus stood with him. “On the first count of the indictment, murder in the first degree, how do you find?”
“We find the defendant, not guilty.”
The court room erupted, the judge banged his gavel. “On the second count of the indictment, murder in the first degree, how do you find?”
“We find the defendant, not guilty.”
Roland Ferguson looked at Marcus and shook his hand. “Thank you, Marcus. You did a fine job, an excellent job. I am forever in your debt.”
Ferguson was immediately surrounded by supporters and reporters. As the crowd began to sweep him out of the court room, he turned back to Marcus and said, “I'm having a little get together tonight. Drop by around nine and we'll talk then.”
“I'll see you then,” Marcus replied as he gathered his materials together.
Izella Hawkins walked over to him with her hand extended.
“Congratulations, Marcus,” Izella said.
“Thank you, Izella.”
“You shot holes in our whole case. Excuse me, what am I saying. Our theory, designed to fit the facts.”
“Izella, you know that all I did was add reasonable doubt.”
“No, Marcus, it's not that simple. You controlled the jury from the word go. Had them eating out of your hand. Their advocate, huh,” Izella rolled her eyes. “I'll have to use that one on my next case. Well enjoy the moment. You deserve it. You worked hard for it,” Izella said as she walked out of the court room. “Call me sometime, we'll do lunch. And, Marcus.”
“Yes, Izella.”
“You have fun talking t
o the reporters. You seem to have a flair for it,” Izella smiled a fake smile. She hated talking to reporters, and losing would only make it worst.
“You first,” Marcus said, as he motioned toward the door.
At nine thirty that evening, Marcus arrived at Ferguson's house. As soon as he entered the room it exploded in applause. As he made his way around the room, people rushed at Marcus to shake his hand.
“Congratulations!”
Others patted him on the back, “Nicely done!”
Once the crowd of well wishers faded, he made his way to the bar and ordered a drink.
“Congratulations, Mr. Douglas,” the bartender said. “What will you have?”
“Hennessy neat,” he replied and looked around for Ferguson. I do not want to be here, Marcus thought. But he knew why he was there. He had just won his first high profile media case. And here before him was a room full of potential clients. So he knew it wouldn't be his last. Still, Marcus had other things on his mind.
It had been a little more than a year since he and Randa separated and he embarked on his adventure with Yvonne Haggler. His divorce had proved to be a long process and had turned downright ugly at times. The sticking point was money. His winning this trial would only add fuel to Randa's already burning desire for more money. And now she wanted to talk. Until that day, Randa had resisted all his attempts to talk. But when he got home he was met by her voice when he checked his voice mail.
“Marcus, this is Randa. I know you're surprised to hear my voice. But I just wanted to say congratulations on winning your case. You probably won't believe this but I'm proud of you. And I … now I don't know what to say. Funny, huh? The way we used to be able to talk about anything. Now look at me. Well, I've been thinking— you know, about the way I've been acting. And I think maybe you and I just need to sit down and work this whole thing out together. If you want to talk you can reach me at 678 555-7931. I hope you call me, Marcus.”
