“A man was found dead.”
“Oh my God,” Michael said. “What have I done?”
Michael rushed toward the garage but was stopped by a young officer. He told the policeman, “I killed that man,” as he turned to see Stern’s bagged body loaded into the ambulance. “He murdered my family in Auschwitz.”
The police officer handcuffed him, read him the Miranda rights, and escorted him to the police station.
Michael sat in the cell at the edge of his bed, deep in thought.
It’s over. Killing Stern had lifted a heavy burden from Michael’s shoulders. All he had to do now was wait and see how things would play out.
***
The next morning, at the arraignment, Michael asked for a conference with a lawyer and the judge provided a public defender to act on his behalf. After the prosecutor presented the case, the judge explained that he was charged with murder in the first degree and bail was denied.
On the advice of the public defender, Michael pleaded not guilty. Afterwards, the lawyer spoke to him privately and said that Michael’s case was beyond his level of expertise. He suggested he seek private counsel, adding that the cost of a defense in a matter like this would be extremely expensive.
Michael was given a phone book and researched local attorneys. He made the calls allowed and met with several of them over the next few days. One in particular captured his interest and he asked her for a conference.
When he met Brenda Coleman, he told her why he killed Stern and the circumstances that led to it. She appeared to be a competent attorney and showed a strong willingness to help build a winning defense for him.
“It might be difficult, Michael, but I believe there is always a way.”
Ms. Coleman graduated from State University of New York Buffalo Law School with honors in 1948 and entered into private practice, where she’d specialized in criminal law and procedure. She lived in Schenectady, about a one-hour drive from Oneonta, with her engineer husband and their two teenage sons.
Brenda was slim and in her mid-forties with sparkling brown eyes and dark hair. Michael saw an air of confidence about her, which made him feel she had a passion for winning difficult cases. She told Michael that she had been the defense attorney in hundreds of criminal cases, many of which involved negotiated pleas and included a large number of dismissals. Although she was a highly successful lawyer, she had never handled a high profile murder case.
The People vs. Michael Ross would be a new experience for her.
Michael liked her optimism and hired her. She returned the next day with her paralegal, Jeff Hartman, to discuss the case. Hartman was tall with dark hair and in his late twenties. He graduated from Bronx Community College and had worked with Ms. Coleman for four years researching case law.
Michael told Brenda about his family in Hungary and the sad events leading up to his immigration to America. Meanwhile, the Oneonta Star ran a screaming headline:
Oneonta Professor Arrested For
Killing Hunted Nazi
Michael sat in his cell and spoke to Ilona.
My dearest, it’s amazing how my lawyer’s face looks so much like yours, with her high cheekbones and brown eyes. I think she will help us. Stern is finally gone. Thank God for that. I can’t help but think of what our lives would have been like without him and all the other Nazis.
I think of our girls all grown up with children. Our grandchildren. Imagine that, small children for us again. They would love your cooking. The stuffed cabbage, the goulash, and, of course, your strudel.
Even if our daughters didn’t grow up to be ballerinas, we would have a family full of love, maybe even here in America. I know it’s only a dream for me, Ilona, but I can’t help thinking about what could have been. It makes me so sad, but it’s all I have.
The only gift I bring you today is to let you know that Hans Stern’s death is behind us. I could not protect you at Auschwitz and I felt guilty about that. But I have killed Stern, the man who took our lives away, a small punishment for what he did to us.
I will be tried for the crime and maybe I will lose my case, but that doesn’t matter. Perhaps it does in one way, which I will tell you about another time. I only want my trial to keep the memories of the Holocaust alive by punishing one evil Nazi, who was an example of most of the rest.
The world has to know what we and others have suffered. They could never imagine the horrors. The Holocaust, as we call it now, must not be forgotten. Some may say it never happened, but I doubt it. It was too horrible for the world to forget.
You would never understand it, Ilona, but there is a resurgence of anti-Semitism by a group called skinheads. Believe it or not, they still support the Nazi movement from years ago. Can you imagine that? They burn down synagogues and kill Jews even now, so many years later. Why? What did we do? Jews have contributed so much to our civilization, but that’s the way it is. I want my trial to stand out as a beacon against inhumanity. You are always in my heart, my dearest. Our little babies are there too.
Chapter 19
Michael and his lawyer had their first in-depth meeting to plan the strategy for his defense. The trial was scheduled to begin in a few months, on November 2. He was escorted from his cell in Oswego Correctional Facility to a featureless room enclosed by stark concrete walls painted a somber gray. Michael sat across a table from Brenda and her paralegal.
“So, where do we go from here, Ms. Coleman?”
“Call me Brenda. We’re going to spend a lot of time together, so let’s keep it to first names. We’ll just talk about the charges against you and develop a plan to challenge the prosecution and get you out of here.”
“Just an overview?” Michael pulled his chair closer.
“Yes, you could call it that. We’re allowed all the time we need in here. How do you see things from your point of view? What would you like the outcome to be? I’m sure you would like to go free.”
“I would, but if I had to serve a long sentence, it wouldn’t be the end of my world. I do have a personal reason to want to go free, but the important thing is that I would like the trial to show the importance of the Holocaust so that it will never be allowed to happen again. I want to bring up Hans Stern and show why we must be vigilant against people like him. I had to kill him. He destroyed my family. There was no other way for me. In the name of my family, I had to kill him. So, we have to bring him up.”
“I’m afraid we won’t be able to bring Hans Stern into this case at all.”
Michael leaned forward and hung his head. He paused and looked up, his eyes glazed with tears. He asked, “Why not?”
“Because he is not the one on trial here. You are, so information relating to Stern is inadmissible and irrelevant.”
Michael felt shot down. This is not really happening.
“Why are you saying that, Brenda? I’m not concerned about what happens to me. I just want the truth told about how an evil man destroyed my family. I want it to be an important issue in my case and let it set an example for others to remember that we must be aware of those who threaten our civilization.”
“I know, Michael. It is important, but it would be difficult to get him in. The law is the law, but maybe I can figure out how to do it. We can talk about that another time. My job as your attorney is to protect you and achieve the best possible outcome. We have to destroy every aspect of the prosecutor’s case, every legal challenge, every medical issue and try to discredit the prosecution’s witnesses.”
“Does that mean we can’t bring Hans Stern into this case at all, for any reason?” Michael asked in a low voice.
“We can’t do it directly, unless the prosecutor brings him up and establishes a foundation, but that’s unlikely. Stern didn’t commit a punishable crime. You did. Maybe we can indirectly make him an issue, but my thinking now is to get a jury verdict that will find you not guilty. Juries can be fickle. Some jurors vote with their perception of the defendant rather than the facts relating to the case.
If I wanted to convince a jury, I would say A, B, and C, and then give the reasons to support it. It would be natural for me to want to interpret the facts of the case and present them in a way so it would be in your favor. Lawyers do it all the time. In your case, try not to perjure yourself, and I don’t want to know about it if you’re going to lie. I will be able to put a spin on the facts, in my own way that will help you.”
Michael looked down at the floor. “Is there anything we can do to bring my case to light? I mean, the facts about Stern and the Holocaust itself? That’s what I’m interested in.”
“Look, Michael, maybe because you want it so much it’s difficult for you to understand why it can’t be done. The trial promises to be high profile. It has already made national headlines. If you want to get out of here, you have to be part of the defense team and not try to bring the impossible into this case. Do you want to stay in prison, or do you want to listen to me?” Brenda asked in a cold tone.
Michael whispered, “Stern can’t be brought in?”
Brenda shook her head and looked up in disbelief. She smiled and spoke softly, “No, we may not be able to do that. We don’t live in a society where a person can decide who lives and who dies. We’re a nation of laws. Whether Hans Stern is a good guy or bad guy doesn’t matter. What you did was still murder.”
“Okay, so what’s our case?” Michael asked.
“I’m not sure yet, but I have some ideas. Based on the truth, you could be found guilty and go to prison for life. But our interpretation of the truth could make the difference. That’s my job! There is a way out of this, and I will put every ounce of my strength and energy into your defense because I believe, for various reasons, you’re legally innocent and your story should be told.
“I’ll try to bring Stern into your defense, but it will be tough, and honestly, there’s only a slim chance. When you told me about the idyllic life you lived with your family and how it was turned into tragedy by one man in Auschwitz, I sat mesmerized, in tears, not believing that Stern or any human being could be so cruel.”
“Yes, it was a tragedy. I died along with my family.” Michael lowered his eyes.
Brenda looked at him tearfully. “I put myself in your shoes and imagined it happening to me, to my husband and our boys. If I survived, I would have no life, and I might seek justice in my own way. Remember, I lived through the war years and was lucky to have grown up here.”
“I’m glad I have you on my side.” Michael touched the back of her hand.
“There is one thing we can try, and we may be able to make a strong case for it, although we would be treading on thin ice.”
“Go ahead, tell me what you’re thinking.”
“I will, but hear me out. It’s complicated. It might take a while for me to explain, but keep listening and don’t be put off about what I’m going to say.”
Brenda stood and walked around him, her head down as she stroked her chin, deep in thought. Michael sat quietly.
“We can plead insanity!” she said.
Michael looked straight into Brenda’s eyes.
“No pun intended, but are you crazy? Forget it! No way! Everyone who knows me would never believe I’m insane.”
“We don’t need everyone to believe it. We only need to convince the jury. Listen, we plead insanity, which would normally mean that you didn’t know right from wrong, but that’s not the only ground for an insanity plea. I will make every effort to show that you acted in a manner inconsistent with normal human behavior when you killed Stern. There is a subset of the insanity plea, which is a departure from the notion of knowing right from wrong. It’s called irresistible impulse.”
Michael remained silent, attentive to every word.
“Here’s the deal. You were not able to control your urge to kill Stern. New York State uses a Model Penal Code test for insanity and, although we may be pushing it a bit, we can still make a case based on irresistible impulse.
“Basically, you were not able to control your impulse to do wrong. It was out of your hands. You were driven to kill Stern. That defense would give us a slim chance, very slim, but it’s all we’ve got. However, this is one time where the burden of proof rests with the defense and proving it will be up to me. Not an easy task but I’m optimistic.”
“So, you’re going to say I was crazy with an emphasis on the idea that I acted in an uncontrollable way? Do think the jury will buy it?”
“I hope so, and the truth is, Michael, I buy it. I probably would do the same thing you did under the circumstances. Every man and woman on that jury is human. We don’t have to win all of them over, just one.
“The voir dire is a process used by lawyers to question prospective jurors as to their backgrounds and their ability to make objective judgments. I would choose people who have had losses in their families, sympathetic people, Jews or Italians, perhaps. I would hope for a Holocaust victim or someone who had family or friends who were in a concentration camp. The prosecutor would object strenuously to that last part for sure, but you never know. We might even challenge the victim’s cause of death. If we can prove his death was caused by something other than the charge against you, and that carbon monoxide asphyxiation was not the cause, we win!”
“And what would the prosecution be looking for in a juror?”
“I know David Weisman. He was the prosecutor many times when I acted as defense counsel. In this case, he will want jurors who are authority figures, CEO’s, accountants, maybe even train conductors. More rigid people who follow rules and orders. Remember, Weisman is still a nine-to-five employee of the State and will probably be less emotional and more mechanical. I’m just guessing, but we’ll be prepared. Weisman is a good prosecutor.”
Michael soaked it all up. “I’m getting an education in the law here. You never know, I may have a new calling.” He blinked his eyelids several times in quick succession. “I have to be honest, Brenda. I thought about Weisman and the evidence against me. If I were the prosecutor, I’d relax. It would be an open and shut case for him.”
“Michael, don’t follow your calling. Winning cases is an art form.”
“What will the prosecutor look for? Can you figure that out in advance?”
Brenda heaved a deep sigh.
“Each lawyer is going to have some idea of what will be presented during the opening remarks. I know Weisman’s style. He will present the facts and evidence of the case, explain why you’re responsible, and then ask the jury to find you guilty. He likes to keep things simple.”
“I see. So, you’ll present your opening statement the same way and ask the jury to find me not guilty?”
Brenda smiled. “Close, but no cigar. Keep your day job. I want the jury to use their imagination and put themselves in the defendant’s shoes under similar circumstances. I always add some emotion during my remarks and keep the jury thinking about their own feelings and how they might react as the defendant. I have to tell you something. Being a woman helps.”
“I see. By the way, I do have friends who could testify on my behalf, other college professors, people who know me at work, who would say that I’m a person of integrity, honesty, and...”
“Michael, I’m not going to present testimonials. They don’t mean anything and will only send a message to the court that we’re reaching because we don’t have a solid witness list.”
“Who will we bring?”
“Our witnesses will include a psychiatrist, someone I know very well, who will present an in-depth evaluation of your state of mind on the night of August sixteenth. I will probably bring a cardiologist and maybe you.”
“I see. Who do you think the prosecutor will bring?”
“He will definitely bring in a court psychiatrist, probably Dr. Fisher, and the police officer who was first on the scene, but I’ll have to wait until we exchange the list of witnesses. When I examine a witness, I try to plant the seed of reasonable doubt in the minds of the jury. Leave that part to me.”
�
�You’re a good lawyer, Brenda.”
“Thanks. A lot will depend on what the judge will allow, how well our expert witnesses can convince the jury, and how effective our cross-examination will damage the prosecution’s expert witnesses. It’s complicated, but I want you to know I’m putting my heart into it.”
“Have you ever used this strategy before?”
“Never.”
“And you’ve never tried a case like this one either?”
Brenda shrugged. “Right, never this high profile, and I have to tell you up front, Michael, the judge may not allow any of this, but if he does, we have a shot. Because it’s a murder trial, the judge may allow more latitude on both sides.
“Also, because the judge is aware that I have never handled a high-profile murder case like this before, he might ask for a second chair. It means the judge will want an established lawyer to sit with me and help with the defense. It could work well for us and will help the judge too. It will protect him in the event of an appeal claiming you have an inexperienced lawyer.”
“What happens if he doesn’t allow any of it?”
“I haven’t thought about that yet. You want to go over the strategy in more detail?”
“Okay, I’m listening.”
“You killed Stern. That’s a fact. You admitted it, but entered a plea of not guilty. If you didn’t enter that plea, this trial would not be going on. I will prove that you were driven to take Stern’s life based on the fact that you acted in an impulsive manner and had no control over what you did. It was not possible for you to resist your impulse to kill him, so you had no opportunity to understand any consequences. We want the court to assign responsibility for your action to mental illness, even though you are able to distinguish right from wrong. I’m speculating, but it may also be a chance to get your Holocaust story told through you or the witnesses. The whole case might explode in the newspapers and it could capture the interest of millions of people. We have television now. News travels fast. That could be good for our side. Gets public sympathy.” Brenda smiled and said, “If it doesn’t backfire.”
The Chemist's Shop Page 11
