Page 50 of Two Kinds of Stranger (Eddie Flynn #9)
‘Members of the jury, you all know me. I am prosecuting this case for the People of this city. And I want to tell you about the victim in this case, Arthur Cross. You will hear a lot about this man during the course of this trial, not all of it good. Mr. Cross had a criminal past. He was violent and dishonest, and he paid for his crimes with several stints in our correctional facilities. You will hear that Mr. Cross was stalking the defendants. At first, you might think that you don’t like this man.
And you are entitled to that opinion. But whether Arthur Cross was a good man or bad man is not the issue you have to decide in this case.
You have one job. You must decide if the defendants, Kevin Pollock and Christine White, are guilty of his murder.
Because, no matter how bad an individual behaves in our society, no one has the right to execute them at their front door in the middle of the night.
Because, have no doubt, that is exactly what happened in this case.
The defendant, Kevin Pollock, legally owned a pistol, for self-defense.
Last year, in the early hours of the morning, the defendants drove to Mr. Cross’s home, and shot him dead.
A single bullet went through his skull, killing him instantly.
Putting him down like a rabid dog. Then they attempted to hide the murder weapon, and went home, pretending nothing had happened.
But they didn’t hide the gun well enough.
It was found at the crime scene. Both defendants’ fingerprints were on that gun.
Does it matter which one pulled the trigger when they both conspired in Mr. Cross’s murder?
Not in the eyes of the law. That is our case.
And our forensic evidence will prove it beyond all reasonable doubt. ’
He took a moment to enjoy the silence, the attention of the jurors and the gallery of onlookers behind him. Then Castro nodded and took his seat at the prosecution table.
A good opening. Framing the case. Taking away any surprises that the defense might have about Arthur Cross and his criminal past. Short and to the point.
Harry leaned over, said, ‘Opening statement B. Take his legs out.’
For weeks, Harry and Kate had been strategizing, not just about the defense case, but also how Castro would handle the prosecution.
How he was going to play the ball. He may not mention Cross’s past. Or he may lean into it, get it out in the open straight away, thereby taking that element of surprise away from the defense when they tell the jury the victim wasn’t nearly holier than thou.
The result was that Kate and Harry had prepared three different opening statements, depending on Castro’s strategy, and so they could adapt and use his tactics against him.
Nodding, Kate stood and moved to the lectern.
Soon as her low heels took her weight, she felt that familiar churning in her stomach, that strange dry sensation in her throat and mouth.
Nerves. Anxiety. Fear. They were all familiar demons.
And it was imperative that the jury saw no evidence of their existence. They had to be conquered quickly.
Standing at the lectern, Kate poured a little water into a plastic cup, careful not to grip either item too tightly. She didn’t want the jury to see her hands shaking. She took a sip of water, put the cup down and turned toward the jury.
She looked at each of them in turn. Straight. Confident. As if she was claiming each one of them as an ally, even though they didn’t know it yet.
‘Members of the jury, unlike Mr. Castro, you probably don’t know me. My name is Kate Brooks, and together with my colleague Harry Ford we have the honor of representing Christine and Kevin in this case . . . ’
She paused for a moment as the judge looked up from his notes and stared at her.
She had the judge in her peripheral vision while she looked at the jury.
It’s exceptionally rare for any lawyer to be interrupted during their opening speech to a jury.
Only if they’ve said something to deliberately mislead the jury or if they’ve misstated the law.
Kate had done neither, but she had stretched the rules at Eddie’s suggestion. He knew how to play Castro.
Kate knew it wasn’t custom to refer to the defendants by their first names.
The proper way to refer to them was by their surnames or simply the defendants .
Calling them by their first names humanizes them, turns them into real people for the jury.
Makes them more familiar. She wasn’t leaping over that tall boundary fence of what was right and wrong – she had just raised her head and peeked over the top of it.
And Flynn had been holding the ladder. She could go that far.
But no further.
Judge Ross was weighing whether he should interrupt and correct her court etiquette.
Before he made the decision, Kate moved on quickly, making the likelihood of the interruption from the judge diminish.
He would have to pull her up on this slip, but he could do that later in the absence of the jury.
Easier for everyone and it meant the defense couldn’t complain about his behavior if the defendants were convicted and they had to appeal.
Judges covered their own asses first. Of course, Castro would have picked up on this too.
And Kate knew he was positively bursting to leap to his feet and object.
Something she would exploit later.
‘. . . two lawyers with impeccable work records, serving their clients and community for many years in the finest traditions of the legal profession. During this case, you will hear about our clients’ past. Their dedication and service to others.
Their clean records. Their loving family life.
The high regard and respect in which they are held by all who know them.
District Attorney Castro won’t tell you about any of this.
It is true that the victim in this case had a violent criminal past. And that there is suspicion , but only suspicion, that he may have hurt or killed others and that he was not brought to justice for those crimes.
All of this evidence will be presented by the district attorney.
We do not care that the victim, Mr. Cross, was an ex-con with a string of convictions, or that he had been suspected of murdering his late wife.
That is not our business. That is not the heart of this story, but that is the story that the district attorney will tell. It’s not the real story . . . ’
She paused, took another sip of water and let that last hook of a sentence percolate in the minds of the jury.
She looked at Harry. Let the jury see her do it.
For a second, the jury followed her gaze to Harry Ford.
He turned to Kate, and nodded. Then looked back at the jury. It was a subtle communication.
It said, Okay, let them have it. Tell them the real story.
Body language doesn’t show up in a court stenographer’s transcript of the case, doesn’t get discussed in any appeals, doesn’t appear in the written judgements of any cases, but it can often be the most powerful weapon in any trial.
Three of the jurors leaned forward.
Kate took another sip of water.
Let the suspense build.
‘The real story, ladies and gentlemen of the jury, lies in the strange gaps in the prosecution case. It lies in the story the district attorney will not tell you. As this case unfolds, you will see holes in the prosecution’s story.
They are the questions the prosecution can’t answer.
There are inconsistencies and mysterious events surrounding this case.
That is where the truth lies. As those questions and inconsistencies arise, we will point them out to you.
We will help you see the real story. Because the truth is that Christine and Kevin are innocent, and the real killer is out there laughing at the district attorney.
Because two innocent people are on trial, and the real guilty man is not . . .’
Castro couldn’t contain himself any longer. He stood with indignation on his face and spat his objection to the judge. Just as Kate had hoped.
‘Objection, Your Honor. Can you advise defense counsel not to refer to the defendants by their—’
‘Leave that with me – it’s not your place, Mr. Castro. I run this courtroom. Do not interrupt defense counsel’s opening statement,’ said Judge Ross.
‘You see,’ said Kate to the jury, ‘the district attorney doesn’t want you to hear the real story. All we ask you to do is listen, for the truth . You will know it when you hear it.’