Proof Positive (2006) (9 page)

Amanda told him about Bobby Lee Hartfield's case. When she told him how she'd ended her closing argument Frank cracked up.

Tell me you' re putting me on. Tell me you didn't say ' Nowhere have I found love to be a crime.'

Amanda grinned. I said it and I'm proud.

What utter crap. How am I going to be able to show my face in the courthouse?

Hey, whatever wins, right?

Frank smiled and shook his head.

How's your schedule? he asked.

Pretty loose, why?

You feel like helping with Art's case?

Sure. What do you want me to do?

I don't know yet. We'll talk after I get the police reports.

Chapter
12.

ON THE MORNING OF JACOB COHEN's TRIAL, DOUG WEAVER FELT none of the jitters he usually felt before going to court. With a case like Cohen' s, the pressure was off, because he knew that he had no chance of winning. If Hannah Graves had made any kind of offer, Doug would have jumped on it, but there had been no offer. The prosecutor really believed that Jacob was a dangerous lunatic, and Doug suspected that she relished the idea of clobbering him in court. All that was left for him was a hearty breakfast, strong coffee, and a stiff upper lip.

The Multnomah County Courthouse was an eight-story gray concrete building that took up an entire block between Fourth and Fifth and Main and Salmon in the heart of downtown Portland. Jacob's case was being heard in the fifth-floor courtroom of the Honorable Anita Rome. No one but the participants cared what happened to Jacob, so the only people sitting in the spectator section were a well-dressed older woman and two elderly men, whom Doug recognized as court watchers, retirees who found trials more entertaining than soap operas. Court watchers sat in on spectacular trials or cases that were tried by their favorite attorneys. These three had adopted Doug after the Hayes case, though he had no idea why, since he had performed so miserably in it. Maybe they loved an underdog. Doug guessed that they were the type of people who rooted for baseball teams like the Chicago Cubs, which made a business of disappointing their fans. Whatever the reason for their allegiance, it was nice to know that someone cared about him, so he smiled at them on his way down the aisle. But his smile changed to a look of horror as soon as he saw Jacob Cohen, who was wearing his orange jail jumpsuit instead of the business suit, white shirt, and conservative wine-red tie Doug had gotten for him from a thrift store. Jacob grinned broadly when he saw how upset his lawyer looked.

Where's your suit? Doug asked, hoping against hope that Jacob would say a sadistic jail guard had prevented him from wearing it. Then Doug could scream about his client's constitutional rights, and the judge would yell at the guard, and Jacob would stand trial looking like a reasonable facsimile of a normal person.

I will not garb myself in their robes, Jacob said firmly.

I bought that suit, Jacob. ' They' had nothing to do with it.

Jacob's smile told Doug that his client wasn't buying what he had to sell. He decided to try reasoning with Cohen.

Look, Jacob, no one goes to trial in jail clothes. How do you expect the jurors to give you a fair trial if you' re sitting here looking like a convict?

I am a convict. If God wants me to have a fair trial I will have a fair trial no matter what clothes I'm wearing. Jesus said, ' Beware of false prophets, who come in sheep's clothing, but inwardly are ravenous wolves.' Matthew, 7:15.

Hannah Graves chose this moment to make her entrance. She was smiling, and her smile grew twice as large when she saw the way Jacob was dressed.

Good morning, Doug, she said cheerily. Ready to rumble?

Doug glared at Hannah, who was enjoying herself way too much.

We may have to delay jury selection. There's been a mistake about my client's suit.

Jacob folded his arms across his chest and stared straight ahead.

I am not wearing their suit.

Well, there you are, Hannah said. Your client has a right to stand trial in his jail clothes. I don't think we should go against his wishes, do you?

This isn't any of your business, so please butt out, Doug said, furious at himself for letting the DA get to him and more furious with his client for making an impossible case even tougher.

Sorry, you' re right, Hannah said before laughing and walking over to the prosecution table.

Jacob, I'm begging you. Please wear the suit. You'll look so much nicer in it.

At that moment, the bailiff commanded everyone to rise, and the Honorable Anita Rome appeared on the dais. The judge was an attractive woman in her midforties who had gone through three husbands and according to rumor was currently having a steamy affair with a cop. In court, she hid her sharp blue eyes behind thick unattractive glasses, wore her long black hair in a bun, and concealed her trim figure beneath her black robes. When she socialized, the judge let her hair down, dressed flamboyantly, and wore contacts.

Judge Rome frowned as the bailiff read the name and number of the case into the record. When he was through, she asked the parties if they were ready to proceed.

Ready for the state, Hannah Graves answered cheerily.

And you, Mr. Weaver, are you and your client prepared to proceed? the judge asked as she studied Jacob's attire.

Doug got to his feet. I noticed that Your Honor is looking at Mr. Cohen's jumpsuit.

Yes, I am.

Mr. Cohen has a very nice business suit and a white shirt and tie, but he's chosen to wear his jail clothes. I wonder if Your Honor might talk to him about the problem a jury might have giving him a fair trial if he's wearing jail clothes.

Hannah Graves leaped to her feet. If I may, Your Honor, I was here when Mr. Cohen voiced a strong desire to go to trial the way he's dressed so as not to mislead the jury about his status as a prisoner. I think this is a laudable attitude and I think the court should honor Mr. Cohen's wishes.

Thank you for your opinion, counselor, the judge said, casting an icy glance Hannah's way to let the DA know that she was on to her.

Mr. Cohen, the judge asked, has Mr. Weaver explained the problems you face going to trial dressed as you are? Do you understand that we want you to have a fair trial and that some jurors might form a negative view of you and be less likely to listen to your case fairly if they know you' re in jail?

Jacob smiled at the judge. When he did not answer her question, the judge turned to Doug.

Does Mr. Cohen understand what's going on here?

Hallelujah! Jacob said. Salvation and glory and power belong to our God, for true and just are his judgments. He has condemned the great prostitute who corrupted the earth by her adulteries. He has avenged on her the blood of his servants. And again they shouted ' Hallelujah!' Revelations, 19.

Judge Rome stared at Jacob, and he returned the stare. Has Mr. Cohen been interviewed by a psychiatrist? she asked Doug.

He refuses to speak to any doctor.

Hannah stood. Perhaps I can assist the court. As Your Honor knows, Mr. Cohen is a convicted sex offender who is charged with failing to register. I handled the attempted rape case that led to his conviction. During the course of the trial, Judge Novak became concerned about Mr. Cohen's mental state because he was constantly quoting verses from the Bible, just as he's doing today. He had a psychiatrist sit in court and observe Mr. Cohen's testimony and in-court behavior.

Hannah handed a stack of papers to the judge and a copy to Doug.

This is Dr. Terrell's report, which contains his opinion that Mr. Cohen was competent to understand the proceedings and aid in his defense.

Mr. Cohen, what do you think is going to happen in this courtroom? the judge asked Jacob after reading the doctor's report.

Jacob pointed at Hannah. This agent of Beelzebub will put on false witnesses who will accuse me of intentionally failing to register as a sex offender, and the jury, which is controlled by Satan and her minions on Earth, will convict me and I will return to Hell.

You understand that your lawyer will help you fight these charges?

So he says.

Well, I' ve known Mr. Weaver for some time, and he has always stood up to the government and fought hard for his clients.

Jacob shrugged. If God wills that I go free I will go free.

The judge reread the report and thought for a few minutes. When she addressed the lawyers, she looked troubled.

I'm concerned about Mr. Cohen's mental state, but he does appear to understand the charges and that there will be a trial on them. I'm going to let the jury selection proceed but I'll be keeping an eye on your client, Mr. Weaver. If I change my mind about his fitness to stand trial I'll abort the proceedings and commit him for observation.

Jury selection went quickly, and Judge Rome told the parties to give their opening statements. Hannah Graves told the jury that Jacob had been convicted of attempted rape, sentenced to the Oregon State Penitentiary, and paroled two years before. She explained that Oregon Revised Statute 181.595 required sex offenders who were paroled to register within ten days after leaving prison, and once a year within ten days of their birthday. She said that she would introduce the testimony of a detective and documentary evidence that would prove beyond a reasonable doubt that the defendant was a convicted sex offender who had been released from prison and had failed to register.

Doug had no facts on his side. This was not unusual when one practiced criminal defense, so, as was his practice when the only hope of winning a case was a miracle, he spent fifteen minutes talking about the great American legal system, our sacred Constitution, and the wonderful protections the Constitution and the legal system afforded innocent men like Jacob Cohen. He also asked the jurors to keep an open mind and lauded them for being good citizens by making personal sacrifices to serve on Jacob's jury.

As soon as Doug sat down, Judge Rome called the noon recess and ordered the prosecutor to call her first witness when court resumed after lunch.

The state calls Stephen Hooper, Your Honor, Hannah Graves said.

The jurors watched Detective Hooper walk down the aisle and through the bar of the court to take the oath. He was dressed in a tasteful dark suit, his shoes were polished, and he looked as confident as you would expect someone who had testified dozens of times to look.

Can you please tell the jury your occupation, Hannah Graves said as soon as Hooper was sworn.

Yes, ma' am. I'm a detective with the Portland Police Bureau.

Graves walked Hooper through his employment history and had him tell the jury about the commendations he had received for his police work.

Have you been assigned to investigate sex crimes during your career in law enforcement? Graves asked.

Many times.

Graves pointed toward the defense table, and all of the jurors stared at Jacob. In fact, they had been casting covert glances at him all day, because Jacob had spent the period of jury selection and opening statements muttering to himself and twisting in his seat like a man being jabbed by a cattle prod. Soon after jury selection had started, the judge had called the lawyers to the bench out of the jurors' hearing for a sidebar to discuss the problem. Doug had gotten Jacob to calm down for a while, but he was low on self-control, and another sidebar had been called just before Hooper was sworn.

During your sex-crime investigations have you ever met the defendant, Jacob Cohen? Graves asked.

Jacob pressed his chin against his chest, stared at the tabletop, and placed his hands over his ears. The eyes of three jurors widened, and one made a note.

Doug leaned over to Jacob. Please take your hands off your ears, Jacob. I need you listening to Hooper's testimony so we can catch him when he lies. You'll know when he makes up something and I won' t. Please help me.

Jacob dropped his hands and leaned forward, fixing his eyes on the detective. Doug exhaled.

Yes, ma' am. I have encountered the defendant during an investigation of a sex crime, Hooper answered.

What was the reason for this encounter?

I was the lead detective in a case in which the defendant was charged with assault and attempted rape.

Was the defendant convicted of those charges after a trial in this courthouse?

Yes.

Graves stood. I move to have state's exhibit one a certified judgment of conviction in the attempted rape and assault cases introduced into evidence.

Any objections, Mr. Weaver? the judge asked.

Doug had seen the document before trial, as part of the discovery the prosecutor had sent to him, and he did not object.

It will be accepted, Judge Rome said. Proceed, Miss Graves.

Detective Hooper, when a convicted sex offender leaves the penitentiary, is he required to register?

Yes, ma' am. Within ten days of getting out, he has to fill out a form.

Graves gave Hooper a sheet of paper. I have just handed state's exhibit two to Detective Hooper. Detective Hooper, would you please identify this document for the record.