Capitol offence bk-17

by William Bernhardt

  "One final matter I would like to touch upon before I yield to my worthy colleague," Guillerman said. "There will undoubtedly be testimony on both sides regarding the defendant's mental state. That is sadly inevitable when a person has been through the undoubtedly traumatic experience of losing a spouse. It is all too easy to get lost in the hugger-mugger of psychiatric jargon. I will not tell you what to think. But I will suggest that you listen to the evidence and decide for yourself. Don't be swayed by long words or impressive credentials. You're Oklahomans. You're as smart as anyone and, more to the point, you're the jurors. Don't be confused by a smokescreen of babble. Use your heads."

  He stepped closer to the jurors and looked at them with an expression that Ben noted was, among other things, extremely sincere. "Dennis Thomas bought a gun. He found out where Detective Sentz was. He went there. He pulled the trigger. These systematic, calculated actions were not accidental, and they were not the product of an unbalanced mind. They evidence planning, deliberation, and stone-cold execution. What more is there to say? Don't let yourselves be misled. See the truth for what it is. This was murder in the first degree, deserving the ultimate sanction. And that is exactly what I will be asking for at the conclusion of this case. Thank you."

  With that he sat down, never once having used the phrase "temporary insanity," but effectively dismissing it just the same.

  And perhaps in that instant Ben realized just how impossible this case really was.

  As always, Ben had the option of delivering his opening statement immediately, or waiting until the prosecution's case had closed and giving it at the start of the defense's case. And as always, he chose to do it now. He never liked to let the jury go too long without hearing from him, especially after such an effective opening. He knew he had to get their side of the story in the jury's heads immediately, to let them know what the points of contention were, so they could be thinking about them while the prosecutor presented his case. They could say anything they wanted; the smart jurors would always remember what points were in doubt. And for the defense, doubt was what it was all about.

  "The prosecutor has done an admirable job of summing up some of the facts of the case," Ben began, doing his best to seem agreeable and not argumentative. "There are, however, a few things he got wrong and, more important, many things he left out. And that, ladies and gentlemen, is where the entire case lies.

  "Mr. Guillerman would have you believe he has an airtight case, but that is far from the truth. Consider, if you will, everything he told you the prosecution would be presenting at trial. Dennis Thomas believed Detective Sentz was responsible for the horrible death of his wife. That much is true. As the evidence will show, she suffered the most unimaginable agony, unbelievable pain, for seven days. Seven days. The police had the ability to locate her in a few hours. Imagine how that would make any loving husband feel. After you hear what happened, you may well think the police are ultimately responsible for her death, too.

  "It is also true that Dennis sought Detective Sentz out. Wanted to confront him, to talk to him, to get some explanations. Who would not want to confront the man you thought killed your wife? I don't doubt that there are many people who saw Dennis at the hotel. He made no attempt to hide it-and that in itself is telling.

  "But that's where the prosecution case falls apart. Because once Dennis was inside that hotel room, they have no idea what happened. Do they have any eyewitnesses to this alleged crime? No. Do they have any proof Dennis fired the gun? No. They seem to think that if they can just put Dennis in the room, that will be enough. But it isn't. They have to prove his guilt beyond a reasonable doubt. And that means, at the very least, two things: the prosecution has to prove that he pulled the trigger, and you have to believe he was not insane at the time."

  Out the corner of his eye, Ben saw Guillerman twitch. He was undoubtedly tempted to object, but he didn't, probably because he knew jurors didn't like objections during opening and closing and he didn't want to irritate them this early in the game. Ben had chosen his words carefully. He hadn't actually said that the prosecution had to prove Dennis was sane when he shot Sentz, because temporary insanity was their affirmative defense and the burden of proving it was on them. At the same time, Ben had put a critical idea into their heads: they didn't have to find Dennis guilty even if they thought he pulled the trigger.

  Ben strolled back to his table as he began the next section of his opening. Dennis looked good, respectable, honorable. Ben wanted the jury looking at him while he talked about him. "There is one important detail the evidence will reveal that you have not yet been told. The district attorney does not dispute it, but still, oddly enough, he failed to mention it. When the police found Dennis in that hotel room, he was unconscious. In fact, he did not regain consciousness for over two hours. Why? The prosecution has no explanation. Did someone hit him over the head before shooting Detective Sentz? It's possible. Did Dennis experience some kind of mental breakdown? Possible. The evidence will show that Dennis experienced extreme trauma after losing his wife in such a horrific way, trauma that would have driven the best of us to unimaginable extremes. Trauma that prevented him from understanding what he was doing, that literally unraveled his fundamental understanding of what is right and what is wrong."

  Ben casually moved from one end of the jury box to the other, never for a moment relinquishing his hold on the eyes of the jurors.

  "I know that some of you may be dubious, perhaps even cynical about the science of psychiatry, or the idea of temporary insanity. It's understandable. We're Oklahomans. Good, honest, commonsense people. All I ask is that you listen to the testimony presented and view it with an open mind. Try to imagine for a moment what this man was going through, what his wife had gone through, and how that would have affected him. What that must have done to his powers of reason. To his sanity. The defense will show that, regardless of what took place that day, the circumstances rendered Dennis temporarily insane, and under the law, a man who is temporarily insane cannot be held accountable for his actions. And then ask yourself-what if it had been you? What if it had been your spouse? Wouldn't you have reacted the same? Wouldn't anyone?

  "And most important…" Ben leaned against the rail, getting as close to them as possible. "Most important, I ask that you remember the oath you took when you were sworn into your current position. You swore to uphold the law. The law says that you must presume that Dennis Thomas is innocent. You must presume his innocence and continue presuming it unless and until the prosecution proves otherwise-beyond a reasonable doubt. That's what matters most. That is the single most important part of your duty."

  He took a few steps back, making sure they could see District Attorney Guillerman. "No amount of political ambition is a substitute for the truth. No desire to win a highly publicized trial is a substitute for the evidence. If the prosecution does not prove their case, regardless of what you think, you must find Dennis not guilty. That is the oath you swore. And I'm counting on you to abide by it."

  Ben slowly walked back to his seat. Just under the table, he could see Christina giving him a subtle thumbs-up. That was a good sign. But he didn't fool himself. This was a tough case. And he had no way of knowing whether he was getting across to them until they rendered their verdict. When it would be too late for him to do anything about it.

  "Thank you, counsel," Judge McPartland said, without the slightest trace of inflection or comment. "Mr. Guillerman, you may call your first witness."

  16

  The first witness was Bob Barkley, the county medical examiner.

  Barkley had been the lead witness in every case of murder or serious injury Ben had tried in Tulsa county for many years, ever since the supremely distinguished-and impossible to work with-Dr. Koregai had passed away. Barkley apparently had the Dick Clark gene: he didn't seem to age at all. He had a full shock of blond hair and a trim figure. One could almost see the abs rippling through his bright blue shirt. Ben still had a hard time convincing him
self there hadn't been confusion back at headquarters and someone switched a surfer dude for a coroner.

  Barkley had nothing controversial to say. His job was simply to establish that a murder had occurred. This was not in dispute; nonetheless, if the prosecution didn't establish it, the whole case could be dismissed on the technicality that no crime had been proven. This was the sort of potential technical gaffe that kept lawyers awake at nights.

  Patterson, Guillerman's assistant, competently established his credentials and that he had examined the remains after Sentz's body was brought to the coroner's office. He conducted the autopsy and filed his report. Death was caused by a gunshot wound to the frontal lobe. There was not much more to say about it. Ben normally didn't even bother cross-examining this sort of witness, but today he thought he saw an opportunity to score a few points, or at least to plant a few seeds of doubt in the minds of the jurors.

  After Patterson rested, Christina began her cross-examination. To some it would probably appear that, since Guillerman used his assistant on this witness, Ben would do the same, rather than let it appear that he was concerned about a witness Guillerman thought so unimportant that he passed him off to an underling. But Ben had a much better secret motive. He knew Barkley had a crush on Christina, and he doubted her recent marriage had changed that. He would be easy for her to lead around.

  "Dr. Barkley, I've heard you testify about the cause of death," Christina began. "You said death was caused by a gunshot wound, correct?"

  "That's correct."

  "But I noticed you didn't say anything about how the wound occurred, did you?"

  "Well, the fingerprints-"

  "Dr. Barkley, are you a fingerprint specialist?"

  "No."

  "So why don't we leave that to them and let you testify about what you learned from the autopsy, okay?"

  Barkley was just too affable to be stung, especially when that cute redhead was asking the questions. "Sure. Whatever you want."

  "Your examination didn't yield any information regarding who might have inflicted the wound, did it?"

  "There was only one person in the room-"

  "Were you there?"

  "Well, no, but-"

  "So let's stick to what you personally know. Because in point of fact, there were two people in the room, weren't there? At least. Counting the victim?"

  "Well, yes, but-"

  "Doctor, is it possible this wound could have been self-inflicted?"

  Behind him, Ben sensed the stirring in the gallery. This was a line they were not expecting. But he didn't fool himself into thinking he'd surprised Guillerman. The DA was smart enough to know that Ben's job was to create doubt whenever and wherever possible. Technically, since their primary defense was temporary insanity, the testimony of these fact witnesses wasn't relevant-all that mattered was whether Dennis understood the nature and quality of his actions. But of course, that wouldn't stop Guillerman from calling fact witnesses any more than it would stop Ben from refuting them. They both knew that doubt worked to Dennis's advantage, that the jury was much more likely to accept the temporary insanity plea if they found him sympathetic and if they had doubts about his actual guilt.

  "The bullet struck him square in the center of the forehead. It would be extremely awkward to do that to yourself."

  "In your opinion. But is it possible?"

  "I doubt it."

  "I can do it." Christina reached a hand around and pointed a finger at her forehead. "You look pretty limber, Doctor. Can't you do it?"

  "The question is whether Detective Sentz could do it. He suffered a gunshot wound to the right shoulder several years ago that restricted his mobility."

  "Could he have used his left hand?"

  "I suppose he might have. But why would he? He had no reason-"

  "You're not answering the question, Doctor. Is it possible he could have done it?"

  Barkley sighed. "Yes, I suppose it is possible. But why-"

  "Thank you. Were you close to Detective Sentz, Doctor?"

  "No."

  "Do you have any knowledge regarding his mental state?"

  "I have no reason to believe-"

  "Please answer the question, sir."

  Barkley still wasn't showing the slightest irritation, but Ben sensed he might at least be getting marginally closer. "No, I was not familiar with his mental state. But why would he want to kill himself?"

  "Maybe because he was responsible for the death of Dennis Thomas's wife?"

  Guillerman sprang to his feet. "Objection!"

  Christina turned toward the bench. "The witness did raise the issue of whether Detective Sentz had any motivation for suicide. And this is cross-examination."

  Judge McPartland nodded. "The objection is overruled. But counsel-don't waste my time with a lot of nonsense that serves no purpose other than confusing the jury."

  "Of course not, your honor." Why on earth would they want to confuse the jury?

  Christina returned to the witness. "All we know for certain is that there was at least one person in that hotel room who believed Sentz killed Joslyn Thomas. What if there were two? What if Sentz was racked with guilt, guilt that only became even more profound when he met the bereaved husband face-to-face?"

  "Your honor," Guillerman said, "I object again. This is not closing argument."

  "This time I agree with him," McPartland said. "Sustained."

  Which was fine, because Christina had already made her point, and any further remarks from the witness would only mess it up.

  "Thank you, your honor." Ben smiled. Christina had learned to always thank the judge, whether she won an objection or not, because jurors often didn't understand the meaning of the judge's rulings. If she said thank you, they thought she'd won. Even when she hadn't. "Dr. Barkley, can you tell this jury that you can absolutely rule out the possibility of suicide in this case? To a medical certainty?"

  "Well, gosh, Christina, if you put it that way, I guess not."

  "Thank you. No more questions."

  The next witness was Detective Sentz's dentist, who presented the victim's dental records and showed that they matched the impressions produced by Dr. Barkley from the autopsy. In other words, the victim was definitely Christopher Sentz, a point never in dispute, but another fact the prosecution had to prove to make their case. Ben didn't cross this witness. He knew he could play with these quickie tech witnesses once and get away with it, but twice would be pressing his luck with both the judge and the jurors. He had no reason to interrogate the man, and Ben had learned some time ago about the danger of going on a fishing expedition during cross-examination. You might not like what you catch.

  "Well, that went well enough," Dennis said during the lunch break. "I don't think they've laid a glove on us yet."

  "They haven't tried," Christina said bluntly. "But they will."

  "I thought your cross was excellent."

  She shrugged as she scarfed down a french fry. "I don't believe for a minute that Sentz killed himself. But doubt is doubt. And you never know what evidence might turn up later to support it."

  Dennis stared down at his meal. He hadn't taken a bite. "I was so worried last night I couldn't sleep."

  Ben and Christina looked at one another. "Imagine that."

  "I was so angry before, but… now all that seems to have gone away. I think Joslyn took it away. That was her last wish for me. Took it a while to sink in, but it's starting to become clear. And now that I'm getting my head on straight, I'm afraid… I'm afraid it won't matter because-"

  Christina patted his hand. "It's much too early for this kind of talk. Eat your lunch. You need to keep up your strength." She inhaled another fry. "You ain't seen nothin' yet."

  17

  The first witness after lunch was much more important: an eyewitness who placed Dennis at the scene of the crime. Officer Peter Shaw was an eight-year member of the force and had been working with Sentz at the time of the murder. He claimed he was at the hotel in the do
wnstairs lobby and saw Dennis approach the elevator. He couldn't quite put Dennis in the hotel room, but he could put him practically on the front doorstep. More importantly, he testified that Dennis appeared angry if not enraged, determined, and potentially violent. He also said he thought Dennis was packing a gun.

  Ben had previously determined that Christina should take this cross. Loving had given him the lowdown on Shaw, a bully but still a young man who apparently hadn't had a date in a long time and tended to put his foot in his mouth around women. Hence Ben thought a smart, comely redhead might do a better job on the man than he could. Worked on the coroner. Not that he wanted Christina to think he valued only her feminine charms. But he certainly didn't have any.

  "I have a few things I'd like to clear up," Christina said, with a casualness that was not likely to disarm anyone. "Why were you at the hotel on April twelfth?"

  "Detective Sentz was captaining a stakeout we hoped would evolve into a sting operation. We believed there was a smuggling ring planning a major operation at the hotel. Sentz had taken a room near theirs and planted surveillance equipment so he could monitor what went on next door. I was planted in the dining area near the front door so I could see who went in and out. We maintained contact via cell phones."

  "How long had you been at your post?"

  "Over three hours when I first spotted the defendant."

  "Did you get breaks?"

  "Not unless one of the other men on the case came by. We had to keep the door monitored at all times."