'At the time of the death of Mr. Hollis, and while she was married to him, we will prove to you that Jennifer Witt was romantically involved with another man, a dentist, Dr. Harlan Poole. Atropine is a common medication, available in most dentists' offices and specifically available nine years ago in Dr. Poole's office. It is used to inhibit the flow of saliva.'
As though stricken with dry mouth himself, Powell went to the prosecution table and drank from a glass of water. Hardy found himself getting thirsty. Freeman drank. Even Villars took a discreet sip on the bench.
Powell came back to the center of the room. 'Why did Jennifer Witt kill her first husband? The prosecution will introduce to you exhibits that prove the existence of a life-insurance policy in the amount of seventy-five thousand dollars, payable to Jennifer Witt in the event of her husband's death. Within four months of the death of Mr. Hollis, Jennifer received that payment in full. Seventy-five thousand dollars was a lot of money in 1984.'
'Objection, Your Honor.' Freeman half-stood. He had to say something to break up Powell's rhythm, even though this was the most innocuous of his statements. But while it could be debated whether $75,000 was a lot of money in 1984, it couldn't be that the opinion was evidence. It wasn't.
Villars sustained Freeman but gave him a look. Opening statements could not argue the law and they could not editorialize, but a wide latitude was often given, and Villars was telling Freeman that if he was going to object to Powell's peccadilloes in these areas, she would sustain Powell if he tried to do the same to him. The interplay of the trial was beginning.
If Freeman's intent was to bump Powell's rhythm, he failed. The prosecutor was sailing and this objection was nothing to him. As soon as Villars said 'sustained,' he plunged ahead. 'As all of you ladies and gentlemen of the jury are aware, this is a capital case, alleging special circumstances. And one of the special circumstances is that this killing of Edward Teller Hollis was a cold-blooded murder of a human being for monetary gain. It does not matter that this act occurred some years ago. There is no statute of limitations on murder.'
Jennifer, sitting between Hardy and Freeman, sat ramrod stiff on the front half of her seat. Everything about her seemed in tight control, except her nostrils tended to flare with her breathing.
Powell looked directly at her and paused in his statement. Was it a challenge to him, her cold gaze of dismissal? He allowed himself a nod, almost friendly, and next to Hardy, Jennifer shifted.
'A year after her first husband's death, that is, in 1985, Jennifer married Larry Witt, who had left the woman who had put him through medical school…'
Freeman stood again, objecting. Again he was sustained, this time more forcefully. This was the beginning of what would possibly be many attempts at simple character assassination and Villars was giving Powell warning that she wasn't having it. It wasn't evidence. Don't try to introduce it.
It was a small good sign and Hardy made a note on his pad. Had the silent exchange between Jennifer and Powell lured him away from his game plan, or had it been an unintentional gaffe?
But the prosecutor had a lot more to get out and he had everybody listening. 'In 1985 Jennifer married Larry Witt, who was just setting up a medical practice. They had a son, Matthew, the following year. As Dr. Witt's practice grew, they bought increasingly larger amounts of life insurance until, at the time of his death on December 28 of last year, Larry Witt was insured for two-and-a-half-million dollars.'
This was the time for a pregnant pause, and Powell took it. A susurrous breath went through the courtroom.
'Two-and-a-half-million dollars, ladies and gentlemen. We will show you this policy as one of the People's exhibits, and you will see that it contains a clause providing for double indemnity should Larry Witt die a violent death. As he did. That brings the amount of the payment on his death to five-million dollars. And I needn't tell you that that's a lot of money in any year.'
Powell glanced with a smile at Freeman, making nice-guy points with the jury. Freeman, who didn't do suave as a rule, gave his impression of a smile back. Villars picked up her gavel but reconsidered and put it back down.
'Of course, the presence of an insurance policy is no proof of murder. Let's be clear on this. We will show you – and prove to you beyond a reasonable doubt – that the actions of Jennifer Witt on the morning of Monday, December 28, will allow for no other explanation than that she shot her husband and son with her own handgun, then left her house in an effort to provide herself with an alibi for the time in question.'
'Fortunately for the People of the State of California, we have two witnesses who will testify regarding this alibi. Between them, they will remove any doubt about Jennifer being in her home when the shots were fired. She was there, she had the gun, and she used it to kill her husband for his insurance.'
'And finally, most tragically, we have young Matthew Witt.'
Next to Hardy, Jennifer slumped slightly. The anger either had passed or given way to something more powerful. For the first time, she hung her head. Freeman looked over and put his hand over her lower arm. She looked back up.
'Frankly, we cannot tell you why Matthew Witt had to die on that Monday morning. But die he did, shot with the same gun as the one that had killed his father. We will even concede that it might have been a mistake – the boy could have accidentally come into the line of fire. He could have startled Jennifer-'
'Your Honor, please. These conjectures have no place in an opening statement.'
Powell preempted the judge, apologizing. Freeman was right, he was sorry. And the facts will show that Jennifer Witt killed her husband for five-million dollars – motive. The murder weapon was her own gun, which she and her husband kept in the bedroom of her house – means. She was alone in the house with her husband and son when she turned the gun on them – opportunity. We will prove these beyond a reasonable doubt, and in so doing, will recommend that a person capable of these crimes has forfeited her right to live in our society. Such a person – male or female – should be given the ultimate penalty. Such a person should be condemned to death. Thank you.
In California, the defense has the option of delivering its own opening statement immediately after the prosecutions, somewhat as a rebuttal, or of waiting until the prosecution rests its case. Freeman had done it both ways in various trials in his career, and this time he was choosing the latter. He wasn't sure how things were going to break as the evidence accumulated, and he thought he would make more of an impression introducing things – if indicated – later on. He did not want to tip his hand.
The drawback to this way of proceeding was that it did seem, at the outset, to give the prosecution a lot of time in possession. Powell had barely sat down when Freeman announced he would be waiting – giving his opening statement at the beginning of the defense's case.
The prosecutor was quickly back up, calling Inspector Sergeant Walter Terrell as his first witness.
Freeman and Hardy had speculated on the order of witnesses, and neither of them had picked Terrell as leadoff. Looking younger than usual in slacks and an aviator jacket, Terrell aggressively pushed his way through the railing separating the gallery from the courtroom. Taking the oath, his eyes were everywhere.
'Why is he so nervous?' Jennifer asked.
'First murder trial.' Freeman did not take his eyes off the inspector. 'Mistake,' he whispered half to himself.
'For us?' Jennifer turned to Hardy, who shook his head no. At least, he didn’t think so. Freeman didn't answer, and Powell was moving forward, talking to the judge.
'Your Honor, for the record, we are going to be conducting this trial by first concentrating on the murder of Edward Teller Hollis. We will be calling witnesses again to testify when we get to the Larry and Matthew Witt phase of the trial, and Officer Terrell will be one such witness. I just wanted to make that clear.'
Since this had been covered in pre-trial conferences with Villars, there was no objection from Freeman.
Powell turned to Terrell. 'Officer Terrell, could you please tell the jury how you came to be involved in the investigation of the murder of Edward Hollis?'
Terrell nodded, swallowing, trying to smile. 'That's Ned, is that right? The first husband?'
There was a brief chorus of nervous laughter, some even from the jury box. Terrell reacted to it, offended. He didn’t mean to make anyone laugh. Powell remained calm. 'If it please the court, we'll refer to Edward Teller Hollis as Ned Hollis.' Back to Terrell, he repeated his question.
'I am an inspector with the homicide department. Last December I was the investigating officer in the
