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Dear DiaryMay 5

I’ve been forgetful to write to you recently. I’ll try to be better.

Today was the third day of jury selection for my trial. In three days, we have only selected four jurors. Marc told me the judge is not happy. At this rate it could take 3 weeks just to pick a jury.

We started Monday morning. I was so afraid I could not sleep at all the night before. Because I had not slept, during jury selection on Monday, I became so bored I fell asleep 3 or 4 times. Jennifer Moore, the second lawyer, had to shake me to wake me up.

There are hundreds of protestors marching around the government center. From what I have been told, they are all in my favor. Very much pro transgender, Maddy told me. She went out to watch them and almost all of them have professionally made signs like, Free Robbie, Justice for Trans People and the ever popular No Justice No Peace among the signs. Big protest on my behalf. I wish they would go away. I don’t want the publicity .

Marc told me that jury selection is going fine. Jennifer agrees. They should know. They both have a lot of experience. Funny how much I trust them.

I wish Ms. Rivers was at the table all of the time. She comforts me. I know this is wrong and I would never do anything, she’s engaged to Marc. But I think I may be in love with her.

Time for bed. I have slept better the last 2 nights. Oh, I forgot to mention. I’m staying with my Dad. I don’t want to be alone.

While Judge Foster was looking at the wall clock, 11:35, a deputy rushed in. Without checking with anyone, he hurried through the gate. Foster turned to him with a concerned look and waved him up to the bench. There was a whispered conversation, then the deputy left.

“We’ll break for lunch. I’ll see council in chambers,” Foster said.

Still wearing his robe and leaning on the back of his chair, Foster addressed the lawyers.

“I’ve been told there is a bit of a riot taking place down along Fourth Avenue.

“It seems a group of our less enlightened citizens showed up.”

He looked at Marc and Jennifer then continued. “They were carrying signs definitely opposed to your client, Marc .

“They were pretty loud and boisterous. Not enough cops since the pro-trans people were peacefully marching. I guess a fight broke out.

“You and your client may want to stay here for lunch. I can send out for a box lunch for you, courtesy of the taxpayers.”

“Thanks your Honor, but I’d prefer to go down to the cafeteria. That way, I can go out on the skyway and see what’s going on,” Marc replied.

“Suit yourself. Be careful. Be back at 1:30.”

Dear DiaryMay 11

We finished jury selection today. Twelve jurors and six alternates. Marc said the prosecution lawyers are angry about it. He said we finished jury selection because the judge made them (the lawyers) use up their (I’m not sure if I’m spelling this right,) peremptory challenges. These things that both sides have to eliminate jurors they don’t like. They don’t need a reason, just tell the judge.

Once those were used up, things went quicker. Marc asked for more and objected when the judge turned him down. Marc said he knew that would happen. He did it anyway in case we lose and need to appeal. Now I’m really worried. My lawyer said he’s planning in case we lose!

I asked Jennifer about it. She told me doing that, planning for an appeal is necessary, is normal. Not to worry, she said. Nice try.

The judge spent an hour telling the jurors how to behave. This was after they were officially sworn in. Then, since it is Wednesday, the prosecution requested a recess until Monday. Judge Foster said no. We start with opening statements tomorrow

Now it really starts.

Maddy is back. That helps. Marc told me he likes having her with him. He claims she brings him luck. Jennifer told me the truth. He likes having her here to distract the jury, especially the men. She says Maddy knows it but puts up with it anyway.

May 12

“You may proceed with your opening statement, Ms. Raines,” Judge Foster told the woman at the prosecution table.

Raines stood, thanked Judge Foster then moved out from behind the table. Standing a few feet from the jury box, she began by re-introducing herself and Hughes. Raines thanked the jury for their service, then began .

“What we have here is an angry young boy who seems to believe he was coerced into transitioning into gender affirming treatment. When Robert Curtis-Powell became Roberta Curtis-Powell, the anger became so unbearable she decided to do something about it.”

“Objection, argumentative,” Marc stood and said.

“Sustained. Tone it down,” Foster told her.

“I can’t tell you if Roberta Craig-Powell will take the stand to testify or not. She doesn’t have to. We have volumes of her diaries to present. In her own words, she will confirm this…”

Raines took a moment to look at each juror before continuing.

“This is a horrible trial. We have five victims. Four of whom were brutally murdered by having a claw hammer driven through their skulls. You will hear testimony from the medical examiners that each of the four were struck not once or even twice, but three or four blows with this claw hammer,” she said showing the jury the hammer found in Robbie’s dorm room.

“We have a fifth victim, the mother of the defendant, smothered with a pillow while she was asleep. The detectives and crime scene police will testify that the house was made to look like a burglary occurred that turned into her murder. The police believe the burglary was staged to cover up the murder.”

Raines went back to the prosecution’s table and drank some water. She glanced at a note pad, then began again.

“Five victims, ladies and gentlemen,” Raines continued.

Marc made a quick note and showed it to Jennifer.

Shouldn’t we change ladies and gentlemen to potential inseminated people and potential inseminators?

Jennifer read it then coughed two or three times to avoid laughing.

“Because there are five victims and we have the burden of proof, we will be presenting evidence of each one, one at a time.

“For each one, and we will take them in order starting with Priscilla Craig-Powell, the defendant’s mother, you will hear from several witnesses. The person who found the body, the first responding police officer, the lead investigator, the crime scene unit and medical examiner.

“It could get to be a slow and repetitive process. Our apologies. But each victim deserves justice and our job is to give it to them.

“This is a case of circumstantial evidence. What that means is there were no eyewitnesses to any of these murders. We will present plenty of motive, opportunity and the murder weapon. The claw hammer found hidden in the defendant’s college dorm room between her mattress and boxspring, along with her diaries.

“Finally, ladies and gentlemen,” Raines said.

Jennifer looked at Marc and mouthed the word, “don’t” at him.

“All five of these victims are tied to one person and one person only. Roberta Blake Curtis-Powell,” Raines said. By now she was standing in front of Robbie and pointing at her.

“We are confident at the end of the trial, the evidence will show beyond a reasonable doubt, that the defendant is guilty of all five of these murders. Thank you.”

Judge Foster called for a brief recess. When they returned, he addressed Marc.

“Mr. Kadella, does the defense wish to make its opening statement?” Foster asked.

Marc and Jennifer had thoroughly discussed this. Marc was in favor of it, Jennifer, who was going to give it, wanted to wait. She won the argument by reminding Marc of the jurors’ numerous promises to wait. Wait until all of the evidence had been submitted.

To answer Foster’s question, Jennifer stood and said, “The defense trusts the jurors to keep their promise and wait until all of the evidence has been presented. We will defer until after the state has presented its case.”

Hughes and Raines both considered objecting, but to what and what would the objection be? It might look like they didn’t trust the jury.

When Jennifer slyly snuck in her statement reminding the jury about their promise, it was nonresponsive to the question, but so what? She sweetly looked at them, smiling while she said it. More importantly, it was already too late. The jury could not un-hear it.

“Approach,” Foster told the lawyers.

When they reached the bench Foster asked the prosecutors if they had a witness ready.

“We expected the defense to give their opening.

“We can have her here in fifteen minutes if you want to continue,” Hughes replied.

“Jim, come here, please,” Foster said to a deputy.

When the man got to them, he leaned forward so the judge could whisper.

“What’s the situation like on the streets?” Foster asked.

“The police have it under control … pretty much,” the deputy told Judge Foster.

The deputy went back and Foster looked at the lawyers. “It will be four o’clock before we get your witness on the stand. I don’t think I want to put the jury through a long day on the very first day.

“We’ll adjourn until tomorrow. Have your witnesses lined up and ready to go.”

Before adjourning, since the jury was not sequestered, Foster took a moment with them. He reminded them to avoid news coverage and speak to no one about the case, including each other.

Philo Anson, the Star Tribune reporter, was sitting front row, behind the defense table and while everyone else was exiting, he leaned over the railing.

“Marc, how about an interview?”

Marc shook his head while looking at Maddy. He then held out his right hand, palm up pointing at Philo. Maddy smiled and went to the railing.

“Hi, Philo,” she said.

“Hello, gorgeous. You know I’d love to talk to you, but…”

“And you know he can’t talk to you now. Plus, there’s nothing to talk about,” Maddy replied.

“A comment, her opening?”

“No comment,” Maddy said .

“Are you still engaged?” Philo asked while holding his notebook.

“Totally, but never give up hope, Philo. Marc could become old and decrepit. You never know.”

“Great! I’ll use that,” Philo said pretending to write it down.

Maddy pursed her lips, narrowed her eyes, leaned into him and said, “Use that and I’ll cut your tiny little nuts off and feed them to a squirrel.”

“Wow, that’s great stuff. Thanks, Maddy…”