evidence that complicates the picture, what the defense will say at

trial.

'Today, I will ask you to indict Derrick Derringer on charges of

obstruction of justice, perjury, statutory rape, and conspiring with

his brother to rape and murder a thirteen-year-old girl named Kendra

Martin.  This will not be a straightforward story.  You will learn, if

you do not already know from the news, that the State has already

dismissed charges against Derrick Derringer's brother, Frank Derringer,

for raping and attempting to murder Kendra Martin.  To complicate

things further, someone has written anonymous letters to the Oregonian,

claiming that he and an unnamed accomplice, and not Frank Derringer,

are responsible for the attack on Miss Martin.

'I'll be honest with you.  I am currently unable to offer a single

theory that explains both the evidence against Mr.  Derringer and his

brother, and the anonymous letter that would appear to exonerate the

Derringers.  I suspect that you will also find it difficult to

reconcile the evidence against

Mr.  Derringer with some of the State's other evidence.  That's why

your role today is so important.  At the end of the presentation of the

evidence, I will ask you to decide for yourselves whether the evidence

against Mr.  Derringer warrants an indictment, regardless of the

exculpatory evidence.'

I started with a thorough overview of Frank Derringer's trial, the

Jamie Zimmerman case, and the Long Hauler letters.  The rules of

evidence do not apply during grand jury proceedings, so I didn't have

to use live testimony to establish this background.  Instead, I offered

it in summary form, using the white board to make a list of the central

characters in the case and the important points for them to remember. I

ended with the discovery of Jamie Zimmerman's purse.

The jurors looked exhausted by the time I was done.  An elderly woman

across the table raised her hand.  She gestured to her notes with her

pen while she spoke.  'Um, maybe I'm confused or something,' she said,

'but it sounds like whoever wrote these letters killed Jamie and the

other women and also raped that poor little girl.  And you're saying

that you don't see how these other people Margaret Landry, Jesse

Taylor, and Frank Derringer could have written the letters, so it

sounds like they're all innocent.  Have you told us anything about

Derrick Derringer yet?'

'Not yet.  The evidence I have just summarized for you is the

background of a larger investigation that relates to the case against

Mr.  Derringer.  What you've heard so far suggests exactly what you've

stated.  Like I said, you may find it difficult to reconcile all that

information with the evidence you will hear today.  So I want you to

consider the remaining evidence in light of the background I've given

you and then decide whether to issue the indictment.'

There were no more questions, so I called my first witness, Haley

Jameson.

Haley walked in with an attitude.  I would've been disappointed in her

if she hadn't.  She slumped down into the witness chair at the center

of the room and looked up at the ceiling as I had her spell her name

and take her witness oath.

'Where do you live, Haley?'  I asked.

'Varies day to day.  I been in a bunch of foster homes, but mostly I

just crash with friends.  Stay at a place in Old Town called the

Hamilton.'

'And how do you pay for things like your hotel room at the Hamilton,

food, things like that?'

'I got immunity, right?'

'Right.  As we've discussed, you're testifying today with my promise

that nothing you say will be used against you.'

'Mostly I date,' she said.  'Sometimes I'll sell some pot to friends or

something to pick up a few extra bucks.'

'When you say that you date for money, are you referring to

prostitution?'

She rolled her eyes and sank into her chair a little deeper.  I was

starting to worry she might slide right off.

'You need to reply to my questions with a verbal answer, Haley.  The

court reporter is transcribing everything.'

'Yeah.  I meant prostitution,' she said.

'How long have you been working in prostitution?'  I asked.

' 'Bout three years,' she answered.

'And how old are you now?'

'Sixteen.'

A couple of the grand jurors shifted uncomfortably in their seats as

they worked out the math.

Вы читаете Judgement Calls
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