“You’ll hear from one of these witnesses, the grocery clerk who checked her food out right after the argument occurred. He’ll tell you exactly what she said. You’ll hear for yourselves just how angry she was. He’ll also testify that she purchased a six-pack of Millstone Premium Draft beer-remember this because in a moment I’ll mention these beer cans again, and you’ll see their relevance.
“So what was it that she did in order to get even with Dr. Madison?” Denton folded his hands in front of him again, and stood facing the jurors. “I’m going to show you how Brittany Harding stole the motor vehicle which belongs to Dr. Madison, and then used it to kill two pedestrians, leaving one of them, a single parent, to die slowly in the street on a cold, rainy, winter evening.
“And I’m going to show you that following the hit-and-run, Brittany Harding then planted evidence in the vehicle-those Millstone Premium Draft beer cans that she’d purchased in the market a few days earlier-with the intention of fooling the police into thinking that Dr. Madison had, in a drunken state, run those two people over.”
Denton began strolling slowly in front of the jurors. “For a while the police were fooled. They did think Dr. Madison was the guilty party. After all, it was his car. In fact, I’ll freely admit to you that I was ready to go to trial against the good doctor until we discovered two additional pieces of evidence. Two things that convinced me that Brittany Harding had committed these murders…two things that will convince you that she committed these murders: her motive, and the physical evidence that proves the beer cans belonged to her.
“Now, before I tell you how I’m going to prove that Brittany Harding had a motive, let’s first discuss what motive means. In a legal sense, motive is that idea, belief, or emotion that leads the mind to indulge in a criminal act.” He stopped, allowing the definition to sink in. “It’s the cause or reason that moves the will and induces criminal action on the part of the accused.
“Through the testimony of several witnesses, you’ll hear what kind of person Brittany Harding is, what type of relationship she had with Dr. Madison, and, just as importantly, how she threatened revenge against him in public. When she screamed ‘I’ll get you for this! You’ll pay,’ she telegraphed her actions loud and clear. She announced what she was going to do, and then she acted upon her promise. We don’t have to guess what was in her mind because she told everyone who was in earshot what she intended to do.
“And that makes it really quite simple. If you agree that Brittany Harding’s emotions led her to commit a criminal act, then the rest is easy. Everything else will then fall into place for you. It’ll look black and white, and a verdict of ‘guilty’ will merely be a logical conclusion.
“I will do everything I can to make this case as clear-cut and black-and-white as possible. But in general, a juror’s job is always difficult, because the defendant’s attorney will try and cloud the issues, throw up roadblocks and smoke screens, and try to confuse you. Don’t be fooled. Don’t let him deceive you.
“Once you hear all the evidence, you’ll then have to decide which of it is significant. Which facts are important, and which are not. Who is telling the truth, and who is not. Ultimately, you’ll have to ask yourself if a person like Brittany Harding, who was capable of extortion on two occasions, who was capable of lying to the police about a rape that never occurred, is someone you can believe when she says she is innocent of murder.
“It’s important that each and every one of you work hard until you’ve accomplished your task. Because there was a real crime committed, ladies and gentlemen. Two real victims, and a whole lot of pain. It’s your job to determine if the defendant is going to pay for the crime that was committed. The prosecution is confident it will make its case against Brittany Harding; otherwise, I wouldn’t be standing here before you, taking up your valuable time, the judge’s time, my time, and the state’s resources-to present this case.
“No. If you look at the facts as presented and listen to the witnesses I will bring, you’ll see that there is only one truth. That Brittany Harding committed murder in order to carry out an act of revenge. And for that she must be held accountable. Thank you.”
Denton sat down, a bit lightheaded, the perspiration under his armpits disguised by the cover of his suit coat.
Judge Calvino nodded to the defense table.
Wendell Warwick, the public defender, removed his reading glasses. Tall and thin, with a sharp nose and small, beady eyes that appeared to be constantly squinting, he smiled at the jury as he arose and buttoned his suit coat. “‘Don’t be fooled. Don’t let the defendant’s attorney deceive you,’” he said mockingly. He stopped and smiled again, extended both of his lanky arms out in front of him, palms up, his back arched slightly backward. “Do I look like I’m here to deceive you, ladies and gentlemen?
“I’m not. I’m here for the same reason as the prosecutor: for justice to be served. But that’s where the similarity ends. Mr. Denton wants you to find my client guilty. To him, that is justice. To me, justice means that you will not find an innocent woman guilty and send her to prison for a crime she did not commit. But there is one other very important difference between Mr. Denton and myself. The prosecutor has to prove his case against my client. If he fails to make a believable case-that is, if he fails to prove beyond a reasonable doubt that my client is guilty- then you must find her not guilty.
“The prosecution has the burden of proof. They have to prove Miss Harding committed these crimes. As the judge will instruct you at the end of the trial, Miss Harding is innocent until proven guilty. Although the state has to prove guilt beyond a reasonable doubt, I do not have to prove innocence. In fact, I don’t have to prove anything.
“But what does reasonable doubt mean? It means that if you have even a small degree of doubt that my client is guilty, then these charges get thrown in the garbage can, where they came from.”
He began to walk a little bit as he spoke, starting from one end of the jury box and moving to the other. “Now, there are two types of evidence,” he was saying, as if teaching a class. “Direct and circumstantial. Direct evidence is something tangible: what a witness sees-his or her own perceptions. Circumstantial evidence is that type of evidence which requires you to make an inference…it means that you have to take the facts that are presented, and then make a leap of logic, to try to connect other circumstances to those facts you accept to be true.”
He paused, looking at the bewildered looks of the people on the jury. Denton knew that Warwick had accomplished exactly what he’d set out to do. Try to make the prosecution’s case so contrived and puzzling that they will take the easier route: acquittal.
“Confusing,” Warwick said with a slight chuckle, “I know. It confuses me at times too, and I deal with this stuff each and every day.” Relate to me, he was telling them. I’m just like one of you. Trying to get them onto his side.
“The state’s case is based solely on circumstantial evidence. In fact, they’re so desperate for something, anything they can hang their hats on, some form of proof that will show that my client is guilty-that they are trying to tell you that my client had motive. But motive is nothing more than circumstantial evidence!
Warwick shook his head at Denton, as if to say, shame on you.
“Did my client like Phillip Madison? No, she did not. He was rude to her, tried to rape her, and then tried to pay her off to stop her from taking the case public. He had a reputation to protect. A well-known surgeon publicly accused of rape? That would be… detrimental to his practice,” Warwick said, smiling, as if he were sharing a joke with the jury-an incredible understatement. Two jurors smiled back.
“No, he couldn’t let her go public. So he offered her money, and she took it-a mere forty thousand dollars to make the misery of a protracted and humiliating rape trial go away. But yes, she was still angry, and she did send the letter and photo to Phillip Madison’s wife. But what was wrong with that? It was nothing less than the truth. There wouldn’t have been a problem if Madison had told his wife about the settlement, but he kept it from her, lied to her. If Madison chose to lie to his wife and keep certain facts from her, well…” he said, smiling again at the jury, “you can’t blame my client for that.
“And you can’t find her guilty of murder because she merely wanted to avoid the publicity and embarrassment of a high-profile rape trial. Can you, now?”
He paused, for effect.
“No. My client, in fact, has nothing to do with these murders. Actually, Phillip Madison was the suspect they initially charged. But then, suddenly, a few days before his trial is to begin, the DA lets Madison go and charges Miss Harding. Why, we don’t know. Oh, he’s said it’s because of new evidence that they stumbled upon. I don’t buy it. But we’ll never know the true reason why he suddenly switched gears. Maybe it was pressure from someone- from the press, from some politician who owed Phillip Madison-”
“Objection!” Denton was on his feet. “Your Honor, this is completely inappropriate and Mr. Warwick knows it.
