Compelling Evidence (32 page)

People are talking to him but he's not hearing, little mental hyperventilation, preparing for combat. over, and Harry is having a few words with Meeks. Like

"I10W at a summit, they are already working out

the terms of instructions for the jury. These are little printed snippets tailored to our case, that will be given as guidance by the to the jury before, deliberations. Nelson and I must 'have understanding of these instructions now, if we are aablee the facts of this case, to conform our theory of the crime governing law. This morning will be consumed by the judge. He lengthy ground rules to the jury: that they may not ddii case with anyone; what they may see and read; the limitss conversations among themselves. He will tell them about in broad terms, and the procedures to be followed by during the trial so there are no surprises. Harry leaves Meeks standing at the other table over. "We got a problem," he says. "They want an aiding and abetting, a definition of an accomplice."

This means that Nelson is trying to push the conspiracy to the jury, that he wants them that Talia acted with a lover, this despite d % to b y ie fact a@eb` to arrest any accomplice. "Did you say anything?"

"Not a word."

"Good. Leave it alone. Let ern try their case, see w they've got."

He nods. This is no calculated risk. If the state fails to prod of an accomplice, we will object to this instruction, offered to the court, argue that it assumes facts not in" Talia's sitting at the counsel table looking lonely,@, ing emptiness in her eyes. For all of her innate co stress of half a year under accusation and the first day of trial leave her with the kind of uninbabi usually finds only in street people and other v Talia has the appearance of a tenantless ttpempn a soul. As if I didn't already have enough reason for k the stand, her current mental state would be the cap@ do capital cases for a living call it the

"death‐pmenal despondent statement by the defendant before the innocent, an off‐hand apology for something she elicit lingering inferences of guilt. Such a lowering' has resulted in more than one execution in this co 1 harbor concerns that Talia, in her current state, is capable Irfsuch fatalistic conduct. I tap her on the arm. "We've got a few minutes, let's go outside," We get past the cameras and the commotions in the main corfidor. She's in front of me, moving down the hall, a silhouette of softness. I have read the rest of Bowman's report on Talia, a few more secrets. At age fourteen Talia went to live with her aunt, Carmen's sister, in capitol City. It seems the two sisters were as different as gight from day. Luisa was a matronly woman, attractive in her ffn right, who had found her way out of a life of poverty and managed to many a high school English teacher, John Pearson. couple provided for Talia the things that had always eluded when she lived with Carmen‐love, though at a little distance, le home environment, and the encouragement to improve If. While her studies and schooling lagged and suffered from years of neglect, with the help of her uncle Talia quickly up lost ground. It seems that she possessed one of those s capable of excelling on cruise control, with little effort. ,graduation from high school she was near the top of her class. SAT scores and a good grade‐point won her a scholarship to I private college in the Bay Area.

studied business, something that Talia perceived would her independence and freedom in a male‐dominated world. remained distrustful of any close relationships, particularly men. Talia had not shaken the horrors of her childhood and memories of pawing hands. After graduating with honors, returned home, to the only family she had, Luisa and John n, and at the age of twenty‐two decided to ditch her roots. a two‐dollar filing fee, she petitioned the superior court 'formally shed the name of a father she had never known. dianged her name from Griggs to Pearson and in her own joined the world of respectability. n four months she landed her first real job, an executive Position with a small cable television station in the capital. she met and married Ben, Talia had two serious romanludes with men closer to her own age. Both of these upward career moves. The first lasted a year, an apparniess encounter with Harold Simpson, her supervisor on the job. They parted friends and from all 11

@A a% continued to stay in touch over the years. The llrq‐roal Tarantino, was an executive with a trade association in I tat, a sometime lobbyist and public relations expert for 1;V Institute. Talia was learning to rely on her beauty as her intellect to get ahead. She lived with Tarantino months. He made the unhappy mistake of .47.7w., nmnd the institute's annual gala, a feast at the ' MMMW@,. sculptures, an ocean of cocktail sauce, and shrimp 1 lobster. Over hors d'oeuvres Tarantino introduced his distinguished guest, the senior partner for the institute's Benjamin Potter. Incapable of any long‐lasting omms

"M men,

Talia, it seems, had found the father figure she known. The rest is history. I'm taking Talia to the little corrunons area‐an bushes and shade trees, landlocked by executive O'sm,* center of the courthouse building. This is off‐limits to and press. A few judges sometimes eat lunch here, sea of conflict. She sits on one of the little stone 9747N.': Talia's got a cigarette out of her purse. She's us J. smoking, a habit once kicked, but a crutch she ‐irswr need. She lights up and looks at me, a picture of #01 e‐ "I want to prepare you," I say.' Her expression tells me she is not looking _M1 "a'pt,; train of long admonitions from her lawyer. "In a few minutes you're going to hear a lot of ugly Nelson's going to get up in front of the jury and P I you killed Ben, that you planned it, that you waited w@", moment, and that you or a lover shot him in the ‐M!", little gun, then mutilated the body to make it look H", She cringes just a little at this, breaks eye

‐tiewp74C "It's important‐it's imperative that you keep A you control your temper, your emotions. The jury is T,' some important first impressions today." 7 "I'll try," she says. "Don't try. Do it. We can't affbrd to give this a defendant out of control."

By all rights, given the statistics and the cases, Talia should have a big advantage, at 77 of death. She is rich, and good‐looking, 11%M'n jury may have no chance to hear her firsthand. don't hate people who look like themselves. Since the preliminary ,hearing, when we are in court, I've had her dress down, a fashion show in reverse, so much so that today she is a symphony for the 00tumon man. Talia wears a neat gray pleated skirt and simple white blouse, little fluff around the collar, like Mary Queen of Scots ready fdr the injustice of this trial.

"For a while," I tell her, "it's going to look bad for our si e, 1k little unbalanced."

The state will bludgeon us with its opening argument. Strategy will dictate that we reserve our own opening until it's time for the dtfendant's case in chief ,In the beginning the jury will have a one‐sided view of things," I tell her. "That's why it's important that we don't play into their bmnds, become emotional."

She asks me a few questions about expression, how she should 14 71@@ U

"Concerned," I tell her. "Like a woman on trial for her life, for Jr][4‐0Iwr@ she didn't commit." looks away, blowing smoke rings, an assortment of expresfaces of concern, in the dark glass windows that surround

"Don't act," I tell her. "A jury can smell it. You won't have to, me." My guess is that Talia will be seared witless when first hears Nelson unload. 'walk her through more of what she can expect. I explain that *117., will parade an army of witnesses to the stand before we a chance to put up our own. !,51M of this testimony you've seen in the preliminary hearv I say. "But this is the big time, they'll gloss it, pull out all There will be some surprises," I tell her. 4 she asks.." M.

O@i7 will he say?" seen the deposition." I've shown Talia a transcript s statement, his words before I stuck my pike in 411"dre'w' blood off the record, This was a little insurance an awe struck face sitting next to me for the jury Tony," I tell her. "You worry about the jury and 7 see when they look at our table. Like that," I tell her. to her cigarette. , @ I know you can't do it in the courtroom, but wi, during a break, jurors have eyes. It makes you o@ tell her. "It is easier for a jury to convict and Tsi et?‐Ms T: who looks hard."

Her eyes follow me, tho expression of a frightened she crushes the cigarette on the concrete. ‐1This, ladies and gentlemen, was a violent,

*iwfwf tated murder." His voice is booming, the crest of a ,i '@

breaking over the jury box. Nelson stands stark

"Wlk.'@ railing,

centered like some dark exclamation point !Z this charge for the jury.

Minds that have begun to wander, with the *)l full from lunch, are jolted to consciousness. silence as Nelson allows the jury to assimilate the of this thought. "Ben Potter was a brilliant lawyer, a star on with everything to live for, a thriving law practice, loved and admired him.

You will hear testimony )t ladies and gentlemen, that Benjamin Potter was I ‐ 11 not only here in this community among lifelong ev", a broader plain, at the very core of our national the time he was cut down, he was among a s, 1 4 candidates under consideration for appointine t to court in this land, the United States Supreme Court. "Ir Nelson labors only a little under the impediment nation was never formally announced. He cuts im= :@ culty as if it is trivial. He offers Ben's status like a damages to the jury, an immense social loss to 17MV., Studies show that a victim well liked, highly community is more likely to bring a conviction the killer is more likely to suffer death. "Ladies and gentlemen, the state will produce timony by expert witnesses, that the victim, Ben brutally murdered at another location, shot in the head, execution style, that his body was then W#797" law office in this city. Expert witnesses will rat twelve‐gauge shotgun was then used, inserted Isi W mouth and discharged in an effort to deform the lovt;z4f the earlier bullet wound, to make it appear as if 177 taken his own life." I Some of the jurors are recoiling at this mental lw' t .1., 4 @ 40@ @, 4 * 01 4 @/ *0 400

‐Evidence will show, ladies and gentlemen, that hair found in locking mechanism of this shotgun is consistent in all respects samples taken from the head of the defendant, Talia Potter." ‐th this he points an extended am, a single finger of one hand, ;W a cocked pistol at Talia.

jurors are looking at her now, wondering how it is possible ,go this woman could perpetrate such a vile act. Her eyes are down at the tabletop. I lean over toward her, an indifferent on my face, like Nelson has just offered us tea and toast. een Clenched teeth I whisper: "Look at them, in the eye. one of them." lifts her gaze, a defiant expression, not good, but better whipped dog, I think. son moves on to other evidence from which inferences can drawn linking Talia with this horror.

He tells the jury that a ss, a neighbor, will testify that the victim's vehicle was seen The residence he shared with the defendant at or near the time 0%%*Ie Talia Potter claims to have been out of town at this time, and gentlemen, police over months of intensive investigahave been unable to verify this story," he says. I n leaves Talia's lame alibi at the jury railing like some morsel of meat, already beginning to send up rancid s sense of timing is meticulous, pauses in all the right for effect. His speech borders on closing argument, but close enough for me to disrupt it with objections, well rehearsed, like some out‐of‐town play finally arriving way. talks about the prenuptial agreement, the.

fact that Talia to lose everything from her liaison with Ben unless she

'ed to the victim at the time of his death. He discusses ument in hushed tones, as if it were holy writ. takes more time talking about the marriage, the undeniable e in their ages. He trips deftly through the tulips of reputation, mostly inferences, innuendo, but all supported sses, he says, nothing with which he might draw a objection. There is the leopard‐skin jock strap found maid in Talia's bed, clothing which the maid will testify belong to the victim. This is enough to raise a few S, titillate a few libidos. He finesses this, then becomes overt. 40

de 280 "A witness that we will produce, ladies and @ialllm‐417 tell you that the defendant was seen on numerous the company of other men, not her husband, registering'

V room at a local motel, with these men." He plays upon im'! letting the full force seep in for the jury. It is becoming clear that it is not Talia on trial here, passions. He has yet to explain in clear terms how Talia osiwiw, and then by herself moved the body and dealt with the of the shotgun in the mouth. But it is now no 11P.111 this jury to close the loop of inference, to find that slid from a lover for these chores.

Nelson steals a glance at his watch, moving ‐i*zo T‐TT" . ‐1 the jurors'

sight. Everything well staged. Forty w*111117's been at this, the optimum time for a jury to retain elements. "Finally, ladies and gentlemen, the state will produce A@ an intimate friend and business associate of the victim, tell you that at the time of his death, Ben Potter, MUTT17 will become obvious to you all, was seriously *)oipmu, divorce from the defendant, Talia Potter, and that he process of searching for a good divorce lawyer for purpose when he was murdered. A divorce, ladies and which when coupled with the prenuptial agreement, VAT' left the defendant, Talia Potter, in financial ruin. "The evidence will show," he says, "that to avoid M",' to avoid dw prospect of losing everything that Potter‐wealth, social status, a marital relationship treated as casual and convenient‐that Talia Potter intricate and diabolical plot, and that with careful she murdered Ben Potter."

He stands for a moment, again at center stage, b '7 yit f_ engaging their eyes, the collective soul of this jury, i T, to the counsel table and takes his seat. The jurors, at least half of them, are taking a more cautious look at Talia, weighing these words :1 1* they see at our table. I can feel her shaking in d".4, ie *J, me. Carefully I take my hand and put it over hers cit., the chair, out of their view. It is as if I have her, and the trembling passes. "Mr. Madriani, your opening argument?"

Acosta's. 1,The defense will reserve its opening, Your Honor, until close of the state's case." it is a calculated risk, to wait, one theory being to dispel any forceful impressions left by Nelson before these thoughts can find a home among the jury, I believe that I can be more deliberate, more damaging to the MW ,s case after it has closed, presented a of its evidence. I am lying in wait, to pummel the prosecution with the Greek. Nelson way have theories, educated hunches as to where I am headed. For the moment I choose to leave him only with these. Acosta looks at his watch. It is after three o'clock..,Unless there are objections we will adjourn, to reconvene at clock tomorrow morning. The state will be prepared to its first witness at that time."