Charlie wiped his hands on an apron I could swear came from the morgue, but maybe the stains were catsup and molasses. 'Were my eyes deceiving me,' he asked, 'or was that Larry Schein in the front row of the gallery today?'
'That was him. Socolow and I stipulated to waive the witness exclusion rule. It makes sense if I'm going to ask Schein about Chrissy's in-court hypnosis.'
'I caught sight of him after your client dropped the bombshell. He turned a grayish yellow, kind of like a beached amberjack.'
I took a pull on the beer. 'I saw. Complete and utter shock. He didn't know his old buddy Guy was the rapist, I'm sure of it.'
'And you're surprised?'
'I was at first. I'd always put Guy and Schein on the same team, but I was only partially right. Guy wanted his pop's money and couldn't care less about Chrissy. Look what he did to her as a kid. He knows Schein hates his old man, blames him for Emily's death. So he tells Schein he's always suspected Dad abused Chrissy. It would explain a lot, and it would make it easier for Schein to take part in something he never would have done otherwise.'
'Program Christina to commit murder.'
'Exactly. Schein implanted false memories all right, but he thought they were true.'
'How does it affect your closing argument?' Charlie asked.
I gave him a preview. 'When we began this trial, each of you raised your hand and swore 'a true verdict render,' ' I chanted in my speechifying voice. 'Now you must be true to your oath. Chrissy Bernhardt is charged with killing her father with premeditation. In just a few moments, Judge Stanger will instruct you that premeditation means 'killing after consciously deciding to do so.' But Chrissy didn't decide to kill Harry Bernhardt. Lawrence Schein did. She tried to kill a man who didn't exist, a man with the head of a goat and cloven hooves, a man-beast invented by Lawrence Schein, a devil of his imagination, a man he hated, a man he consciously decided to kill.'
Charlie nodded his approval. 'Let's take inventory,' he said while spooning minced onions into a mixture that now included chili sauce, hot peppers, plus a secret ingredient I hoped didn't come from the building with walk-in coolers on Bob Hope Road. 'You proved your client really is a victim, first of her brother, then her psychiatrist. That'll win sympathy from the jury, but where are you legally?'
'Simple. The evidence is that that Chrissy was defrauded into forming an intent to kill her father. She killed someone who didn't exist.'
'Sounds like manslaughter to me,' Charlie said.
I drained the Grolsch and looked in the fridge for one of its brothers. 'Socolow thinks so, too. On my way out of the courtroom, he offered me a plea. Eight years. Says he'll go below double digits 'cause we're such old friends.'
'Which means she'd be out in six years and a few months with gain time,' Charlie said, dipping a finger into his cocktail sauce, then tasting it. 'Mmmm. So much better than tired old catsup and horseradish.'
'I turned it down.'
Charlie raised his bushy eyebrows.
'I can win, Charlie. I can win this case.'
'Manslaughter's a win. You said it yourself. She killed a man. Regardless whether she was tricked into believing he had raped her, she killed him. The jury will have to find her guilty of something, and manslaughter's a lot better than first- or second-degree murder.'
'They like her, Charlie. I can feel it. You're getting too hung up on the law, on technicalities. They're looking for a reason to acquit. I can feel their emotion.'
'Theirs,' Charlie asked, 'or yours?'
This time, Dr. Lawrence Schein was ready. Pale, baggy-eyed, and haggard, but ready. He had brought a lawyer, who sat in the first row of the gallery. I liked that. This isn't Los Angeles, where everybody from Rosa Lopez to Kato Kaelin (whose English isn't as good as Rosa's) brings a lawyer, an agent, and a publicist to court. Jurors, blessed with common sense, distrust anyone who needs a mouthpiece. I planned to hang a neon sign on the lawyer at the first opportunity.
Schein took long pauses, weighing each question before answering, his eyes flicking to Jonas Blackwell, an aging medical malpractice defense lawyer who knew his way around a courtroom.
'You understand that my client has repudiated your conclusion that she was sexually abused by her father?' I asked.
'It was not my conclusion, it was hers,' Schein said smugly.
'Under drug-induced hypnosis?'
'If you want to call it that.'
'And suggestive questioning by you, Doctor?'
'I wouldn't characterize it that way. But I will concede this. Recovered-memory therapy is as much an art as a science. I quite correctly diagnosed your client as having been raped as a child.'
'Unfortunately, you nailed the wrong perpetrator.'
'Had I been right, we'd likely be here to discuss the murder of Guy Bernhardt,' Schein fired back.
Ouch. A finely scripted answer, the handiwork of Jonas Blackwell, I was sure. I could have objected and moved to strike the nonresponsive answer, but that would have simply underlined it. Instead, I plowed ahead.
'Prior to yesterday's testimony, did you have any idea that Guy Bernhardt was the person guilty of raping Chrissy?'
'No, of course not.'
'You find it hard to believe, even now, that your friend Guy is a rapist, don't you?'
'I believe the testimony is credible, but yes, it comes as a complete shock.'
'Whereas you had no trouble believing that Harry Bernhardt, a man you hated, was guilty?'
'I thought he was guilty. Apparently I was wrong.'
'When Chrissy was in your care, did Guy Bernhardt ever tell you he suspected his father of abusing Chrissy?'
He hesitated. 'No.'
Of course not. He'd already testified he hadn't discussed the therapy with Guy. He couldn't contradict that lie by telling the truth now.
'Who's that you're looking at?' I said, my voice just a notch below a holler.
'What?' Startled now.
'There, in the front row, the man in the suit taking notes.' I pointed toward Jonas Blackwell as if he were a purse snatcher.
'That's my lawyer,' he said softly.
'A law-yer!' Making it sound like a loathsome disease. 'If you've sworn to tell the truth, why do you need a lawyer?'
'Objection, argumentative,' Socolow said.
'Sustained,' the judge said. 'Mr. Lassiter, you know better than that.' He turned toward the jury. 'A witness is entitled to have a lawyer present in court, and you are not to infer anything regarding the witness's credibility from the fact that he does have a lawyer.'
No problem. I'd already made my point.
'At any rate, Doctor, you now acknowledge that Chrissy Bernhardt was not raped by her father?'
'Yes, that's correct.'
'But last June, you believed he was the worst kind of criminal, a man who would rape his own child.'
'Yes, I believed that.'
'Just as you believed he was responsible for the death of his wife, Emily, the woman you loved?'
Schein blinked. 'Yes, he destroyed her life. Your client would agree with that.'
'So as you drove to the hospital on June sixteenth, you were convinced that Harry Bernhardt deserved to die?'
'Objection, irrelevant,' Socolow said. 'The doctor's not on trial.'
Not yet.
'I'll tie it up, Your Honor,' I responded.
'Then I'll overrule for now.'
