Naked Justice

by William Bernhardt

  The prosecution had been merciless, and the press had lapped up everything they said. Everything Ben read left little doubt but that his father knew the EKCV was not ready for implementation, but nonetheless proceeded with the sale of stock using falsified data to fill out the prospectuses, and then, in order to appease the shareholders hungry for results, began human experimentation even though it had not been nearly well enough researched, resulting in two deaths. The charge was manslaughter in the second degree.

  Ben escorted his mother down the hallway toward the courtroom. “Oh, no,” he whispered.

  Outside the courtroom, he saw the surviving families of both of the men who had died with the EKCV faltering in their chests. He recognized their pictures from the newspapers; they had been interviewed repeatedly. One man, Herbert Richardson, left behind two grown daughters and a tiny grandchild. The other man, Tony Ackerman, was much younger; he left behind a widow in her early forties and a boy only thirteen years old.

  Who the hell had allowed these people to flank the only entrance to the courtroom? Stage-managed by the press, no doubt. Some photojournalist looking for a tense moment to fill out the evening newscast or the front page, never giving a thought to what effect this manipulation might have on the principals. Including Ben’s mother.

  He continued walking at a steady pace, gripping his mother’s arm. They couldn’t avoid them; they could only hope to get it over with as soon as possible.

  They passed closest to the Ackermans, the woman and the boy. She was holding up well; she did not react overtly, but her face showed the strain and her eyes told Ben she knew who they were. The boy was in much worse shape. Tears streamed down his face; he was choking and gritting his teeth.

  “Just keep walking,” his mother whispered, but Ben found that he couldn’t. He had to reach out; he had to make some attempt to let them know how he felt.

  He looked down until he caught the boy’s eyes. “I’m so sorry,” he said quietly.

  The boy’s mouth trembled. “I hate you,” he said, in a cracked but strong voice.

  Ben froze, unable to respond. Hate me? Me? But I didn’t have anything to do with—But of course, the boy didn’t know that. As far as the boy was concerned, this was one gigantic, cynical money-making scheme, and Ben was one of the primary beneficiaries.

  Mrs. Ackerman laid her arm across the boy’s chest, trying to push him back. He didn’t budge. Instead of retreating, he repeated himself. “I hate you.”

  Ben made one more attempt. “If there’s ever anything I can do for you …”

  Before Ben could complete the offer, the boy’s face curled up in an angry, twisted snarl. He pursed his lips and spit.

  It caught Ben just below the shoulder. He closed his eyes and brushed it off with his hand. It was a childish gesture, exactly the sort of thing you would expect from a kid.

  But it hurt just the same.

  There was a commotion at the other end of the hallway. The attention of the spectators turned from the mini-spectacle at the doorway to something altogether more compelling. Ben’s father was being escorted to the courtroom by two guards from the sheriff’s office. He paused as he approached them.

  “Hello, Lillian,” he said to Ben’s mother cordially, if rather formally. Ben almost expected him to shake her hand.

  His eyes turned for the barest of moments to Ben, then moved quickly onward. He didn’t say a word to Ben, didn’t even acknowledge his presence.

  He had meant what he had said.

  The first day of trial was a disaster for the defense. Everything went against them. It was obvious that the prosecutors had not simply been boasting in their press conferences. They had a well-researched, well-evidenced, well-organized case. No surprise there—Bullock always did professional work. By all indications, the trial was going to be a slam dunk.

  It was just a matter of time.

  Of course, if Ben had bothered to poll the countless representatives of the press in this courtroom gallery, almost all of them would have said they expected the Barrett trial to be a slam dunk as well. Ben was determined to prove them wrong.

  He popped open his briefcase. The instant the lid raised, a booming noise exploded from the briefcase. Ben jumped quite literally out of his seat, clutching his chest.

  A small puff of smoke arose from the briefcase. Ben waved it away, still trying to catch his breath. When the smoke cleared, he saw the tiny sign dangling from the top of the briefcase: BOOM!

  And in smaller letters beneath that: YOU’RE NEXT.

  Slowly Ben eased back into his chair. Given the general commotion in the courtroom, almost no one had noticed the small but potent explosion, and the few that did quickly turned their attention to more interesting matters.

  His heart was racing. Who was doing this to him?

  Whoever he was, he had made his point. He could get to Ben anytime, anywhere. Any way he wanted to.

  The bailiff stepped through the chambers door and brought the court into session. A heartbeat later, Judge Sarah L. Hart entered the room.

  Finally seeing her was almost anticlimactic. Ben wondered if she had known she would be assigned to this case as long as everyone else in town seemed to have known. If she had, it didn’t seem to have fazed her.

  Judge Hart took her seat and scanned the gallery. “Well,” she said, stacking her papers, “I’m glad to see so much interest and enthusiasm for the judicial process. We’ve got more people here for this minor evidentiary hearing than attended my daughter’s wedding.” She turned her attention to the lawyers. “Are there any matters we can take up now before the trial begins, counsel?”

  Bullock rose to his feet first. “Yes, your honor. We issued a subpoena to the defendant seeking the production of certain documents we believe could be critical to the prosecution case. They have not complied.”

  Judge Hart turned toward Ben. “Is this true?”

  “Yes, it is.”

  “Was the subpoena properly served?”

  “Yes, your honor. I have it right here.”

  “And he hasn’t honored it,” Bullock added.

  “Right, I got that part. What’s up, Mr. Kincaid?”

  Ben squared his shoulders. “Your honor, this subpoena is nothing but a shameless fishing expedition. They’re seeking all medical records, nothing specific. They’re just hoping that if they swim around in my client’s medical history long enough, they’ll find something they can use to embarrass him.”

  “That’s not correct,” Bullock said. “We believe there is ample indication that the defendant has possible medical and … psychological history that could be of relevance.”

  “What’s your basis for that belief?”

  “Well, the crime itself … the grisly manner in which it was perpetrated. … There may be some prior history.”

  Ben approached the bench. Bullock followed, and they continued the argument out of the earshot of the reporters. “You see what they’re doing, your honor. They’re assuming guilt to fabricate probable cause.”

  “It does seem that way,” Judge Hart agreed.

  “What they’re really hoping for,” Ben continued, “is to find some history of psychological treatment, not because it’s in any way probative, but because they can use it to smear my client at trial and in the press.”

  “What the press does is not my concern.”

  “I think it is,” Ben continued. “Regardless of how you rule today, the press will report that the prosecution was seeking records of Barrett’s psychological treatment. Most people will assume from that that Barrett has received psychological treatment. Just by making the request, the prosecution has successfully tarnished the defendant in the eyes of the world. And twelve of the people exposed to this intentional smear will be selected for the jury.”

  “Your honor,” Bullock said, “I can only assume that the pressures of handling a major case have caused defense counsel to become paranoid and irrational. He’s seeing plots that don’t exist.”

/>   “Nonetheless,” the judge said, “I’m not going to let you prowl around in this man’s medical history unless you can give me a good reason.”

  “Your honor.” Bullock stepped away from the bench. The volume level of his voice sharply increased. “Surely you’re not going to prevent the prosecution from learning the truth about the man who committed possibly the most heinous crime this city has ever seen!”

  Judge Hart pointed her gavel at him. “Talk to me, counsel. I’m the one that matters in this courtroom.”

  “Of course.”

  “If I ever think you’re talking to anyone other than me in this courtroom, you won’t be talking in this courtroom any more.”

  “Understood, your honor.” Bullock bowed his head, seemingly chastised.

  “As for your subpoena, it seems to me rather obvious what you’re hoping to find, and even if you were lucky enough to find it, I wouldn’t let it in, because it doesn’t tell us anything about what happened the afternoon of the murder. Call it character evidence or habit or psychological disposition or what have you, it still feels like a smear to me. And I’m not going to have that in my courtroom.”

  “Very well, your honor.”

  Ben smiled. Hallelujah, he actually won one. And the one his client was most concerned about, at that. Maybe his luck was turning. Maybe this would be a good time to address the other big issue.

  “Your honor, there’s also the matter of my motion in limine.”

  “Right. I’ve read your briefs, Mr. Kincaid, but I’m afraid I’m not inclined to exclude the DNA evidence.”

  “Your honor, this evidence was bought and paid for.”

  The judge nodded. “A fact you can and no doubt will bring out at some length during cross-examination. If the jury feels the payment of money biases the evidence, they will disregard it accordingly.”

  “But, your honor.” Ben knew it was bad form to continue arguing with the judge after she had made a ruling, but this was an issue of such importance he couldn’t restrain himself. “The principal problem isn’t the payment of money. The principal problem is that DNA evidence doesn’t speak for itself. It must be interpreted. That requires experts.”

  “So hire experts. I don’t believe your client is a hardship case.”

  “No, but there is nothing I can do that matches the impact of prosecution evidence presented by some Ph.D. spouting scientific technobabble and statistics that the jury can’t possibly understand, drawing conclusions about the ultimate question of guilt or innocence.”

  “Again, these are all issues for cross-examination.”

  “By that time, the damage will be done. This is a new and still uncertain science. It doesn’t prove anything; it just suggests circumstantial evidence via statistical probabilities. But juries don’t know that. They see some guy in a suit with a closet full of degrees take the stand, babbling a lot of jargon they don’t understand, and he tells them the defendant is guilty. Who are they to disagree?”

  “The jury is always free to disregard evidence.”

  Ben decided to try another tack. “But, your honor, don’t you see what’s happening here? The jury isn’t drawing its own conclusions. They’re drawing the conclusions they’re told to draw by some high-dollar expert. Juries lose more power every day; all the important decisions are made by prosecutors and experts and the press, all telling them what to believe. With all the hubbub, how can we go on pretending that people are being judged by a jury of their peers? We need to draw the line.”

  “An intriguing argument, Mr. Kincaid, but alas, not a successful one. I’m going to let the evidence in. If there’s nothing else”—she slammed her gavel on the bench—“we’re in recess. The trial will begin Monday morning at nine o’clock sharp.” She glanced up at the cameramen. “That’s Central Standard Time.

  The bailiff brought everyone to his feet and the judge beat a hasty retreat. Before Ben could make it back to his table, he found Bullock under his nose.

  “Must be feeling pretty cocky with your pet judge on the bench, huh?”

  “You’re fantasizing. Judge Hart is emminently fair—perhaps that’s why you’re worried.”

  “Remember, Kincaid, the eyes of the world are on Judge Hart. They’re on all of us. This is the big time.” Bullock stepped so close Ben could feel his breath on his face. “I’m going to put that filthy baby-murdering client of yours in prison, if not in a graveyard. That’s a promise.” Bullock whipped around and stomped to the back of the courtroom, where he was greeted by a horde of reporters.

  The eyes of the world, Ben thought. Now that was the scariest thought yet.

  He packed his briefcase and headed out, hoping he could avoid the press. The stage was fully set now. Judge Hart wouldn’t be giving him any breaks. She couldn’t, not this time. Neither would the press. And Bullock would be doing everything in his power to get a conviction.

  And Ben? All he had was a few hunches, none of which he could prove in a court of law. That would have to change. Ben didn’t know how, but somehow, that had to change.

  Otherwise, Wallace Barrett didn’t have a prayer.

  Chapter 32

  JONES WAS WAITING FOR Ben and Christina when they returned to the office.

  “How did it go?” Jones anxiously inquired.

  Ben walked right past him. “Don’t ask.”

  “Does that mean not well?” Jones inquired.

  “You can never tell with Ben,” Christina replied. “He’s so moody. The judge scowls at him and he thinks he’s lost the case.”

  Jones stopped Ben before he could duck into his private office. “Did you quash the subpoena?”

  “What?” Ben snapped out of his reverie. “Oh, that. Yeah, I did get that.”

  “Congratulations!”

  “But I lost the DNA motion.”

  “No kidding. Did you really think the judge was going to exclude the most incriminating evidence in the case?”

  “Well, I had hoped …”

  “Then you were dreaming. You’ll still figure out some way to prove Wallace is innocent.”

  “Is that right? I wish you’d explain how. Did you contact Whitman?”

  “Yeah. He denies being anywhere near O’Brien Park last Thursday night. Says he has at least ten witnesses who will testify he spent the night at home. Says if we go public with these accusations, he’ll sue.”

  “A great American. What’s Loving doing?”

  “Trying to find the man who met Whitman at the park, or someone who can identify him.”

  “Any luck?”

  “Not yet.”

  “So, basically, the trial starts Monday morning, and we have no defense.”

  “We have Wallace Barrett.”

  “No one will believe him.”

  “You do.”

  “I don’t watch television.” Ben opened his office door and tossed in his briefcase. “Once that DNA evidence gets in and the jury starts hearing Ph.D.s babble about probabilities and gene identifiers and whatnot, the jury will be so confused they’ll end up believing exactly what the media has been telling them to believe for weeks. That Wallace Barrett killed his family.”

  Christina laid her hand on his shoulder. “You’ll think of something. You just need to reflect a bit. Seek out inspiration. View the world through your third eye.”

  Ben grimaced.

  Jones stepped in. “Here’s the morning mail, Boss.”

  Ben took a stack of letters and a book-sized package. “Thanks. Hold my calls.”

  “Okay. Why?”

  Ben smiled faintly. “I’ll be busy reflecting and seeking out inspiration.”

  Ben closed the office door behind him, threw off his suit coat, and slumped down into the chair behind his desk. Never in his life had he dreaded a trial like the one he was facing now. Never had he felt so powerless. Never had he seen the shortcomings of the judicial system as keenly. He knew Barrett had not killed his family. He knew it! And Loving had gathered strong evidence indicating who d
id. But he was almost totally unable to prove it in court. The truth would not be heard. And even if it was, it would not be believed.

  Ben sorted through the phone messages Jones had stuffed into his hands. Most of them were from reporters requesting interviews. Even some of the network television people were interested. Gee, he thought, Katie Couric is awfully cute. And smart, too …

  But no. The media were in this case far too deeply already. He was barely able to breathe as it was. How could you conduct a defense, investigate, plan—how could you think?—when you knew, to use Bullock’s phrase, the eyes of the world were upon you constantly? Can you give a man a fair trial inside a pressure cooker?

  Ben rubbed his fingers against his temples. He needed to see Barrett, to give him a report on the hearing, but he just wasn’t up to it. He couldn’t face a trip to the jailhouse right now. He never liked doing that.

  He never liked doing that because he never once did it without remembering his first visit to a jail cell, the one that had ended so horribly, the one that had literally changed his life.

  The time he had gone to visit his own father.

  If Ben hadn’t known so many people in the sheriff’s office, as a result of working at the DA’s office, he never could have gotten in. The fourth day of trial had run late and visiting hours were long since over.

  His father greeted Ben as he entered the cell. “What the hell are you doing here? I didn’t ask for you.”

  “I thought we should talk.”

  “You thought wrong. Guard!”

  “Relax. We won’t be disturbed for ten minutes, no matter how much fuss you make. They’ve gone for coffee.”

  “Oh, you’ve got it all arranged, haven’t you? Bully for you.”

  Ben stood awkwardly before him. There was no place to sit, no place to put his hands. “So … how’s it going?”

  His father made a snorting sound. “You’re the goddamn lawyer. You tell me.”