TRIAL, DAY 6
Noah arranged his features into a mask at counsel table, shifting in the gray suit that Thomas had bought for him. Thomas was standing in front of the jury box, about to deliver his closing argument. The prosecution had just finished, and Noah knew that Thomas’s closing was his last chance.
‘Ladies and gentlemen,’ Thomas began, his voice booming with a hint of a Philadelphia accent. ‘Thank you for your time and the attention. I won’t keep you longer than necessary. But a man is on trial for his life here, and though you have heard one side of the story, you need to hear the other. I hope you’ll keep an open mind because my client, Dr Noah Alderman, has been wrongly accused of the murder of his stepdaughter, Anna Desroches.’
Noah cringed, hearing it said aloud. It still seemed so unreal to him, despite the fact that he had lived it. Yet he had only himself to blame.
‘Let me remind you that Dr Alderman is a prominent pediatric allergist in the suburbs. He graduated from Yale University, Tufts Medical School, and he took an oath to never harm anyone. He raised his only son Caleb on his own, after the death of his first wife from ovarian cancer.’
Noah hated that Thomas was playing the sympathy card. Karen had suffered so much. He shuddered to think of it now.
‘Dr Alderman is a person just like you and me, and I say this because you saw him on the witness stand. Some of you may have thought that he was not telling the truth, simply because of the way he acted. If you recall, he seemed to forget certain facts, he got confused, and he even appeared evasive at times.’
Noah tried not to cringe. He could see one or two of the jurors nodding in agreement.
‘But here’s what I want you to remember when you go into the jury room and recall Dr Alderman’s testimony. First, he did not have to testify at all. The United States Constitution guarantees that he is innocent until proven guilty, and the burden to prove him guilty always rests with the Commonwealth. You know from TV and the movies that very few defendants take the stand in their own defense. Dr Alderman did that very thing, and that should tell you something about him and his integrity.’
Noah swallowed hard, watching the jurors. An older Asian man in the back, VFW Guy, nodded, but a chesty white woman in the front row, Victoria’s Secret, folded her arms. The Terminator, a steroidal pipe fitter, glanced at Noah with approval, which gave him some hope.
‘Secondly, I would like you to ask yourself how you would have done under cross-examination by Linda Swain-Pettit, one of the most experienced prosecutors in the city, if not the country.’ Thomas gestured at the prosecutor. ‘You’ve seen her in action, so you know that the woman is a heat-seeking missile. She talks fast and thinks faster. She’s been in the courtroom almost every day for the past twenty-two years of her life, which is remarkable considering she looks only thirty.’
Noah smiled at the unexpected joke, and even Linda chuckled, caught off-guard. The jury laughed, and Noah could feel them warming to Thomas’s argument.
‘If you ask yourself honestly, couldn’t she make you look like a fool on cross-examination? I know if she had me in that witness stand, I’d get nervous. I might forget what I said or didn’t say. And look at me, nothing scares me.’ Thomas wisecracked, and the jurors laughed. There were seven African Americans on the jury of twelve, five women and seven men. ‘And Dr Alderman has never been in the courtroom before. He never testified before. He has no criminal record. He’s never even been sued civilly.’ Thomas waved his hands in the air. ‘Consider that, and take a moment. Look around you at this grand, intimidating courtroom. I mean it. Look around, right now.’
Noah scanned the courtroom, one of the largest in the Montgomery County Courthouse, ornate with crown molding and a paneled mahogany dais, witness stand, and jury box. Portraits of Pennsylvania judges in gold-filigree frames blanketed the plaster walls, next to polished-bronze sconces that were original. The walls had marble trim, and the pews were antique, also mahogany. Modern concessions like overhead fluorescents, computers, microphones, and an overhead projector and screen had been uneasily retrofitted. Equally incongruous was the sign taped to the plaster wall: YOU MUST BRING A TICKET TO BE SEATED. Allocation of Seating in Courtroom: Members of the General Public, 60. Reporters, 30. For Use of the Commonwealth, 12. For Use of the Defense, 12.
‘Ladies and gentlemen, I ask you. Weren’t you intimidated the first time you walked into this courtroom? Aren’t you sometimes still? Now, can you imagine being on the witness stand, having questions fired at you like a machine gun, with your fate in your hands? Can you imagine facing that gallery, with all those people, reporters, everybody looking back at you, hanging on your every word, watching every move you make?’ Thomas pointed an accusatory finger at the gallery, and Noah could hear them shuffling behind him.
‘What normal person would not get nervous in such dire straits? That’s the reason you don’t have to testify at all, in this great country of ours. The Constitution embodies America and the values we hold dear. I was born in Philly, but my parents emigrated here from Nigeria and became citizens. Our freedoms are a beacon for countries all around the world. They protect all of us, including people accused of a crime. So ladies and gentlemen, when you go in the jury room and judge Dr Alderman for the way he testified, please, think again. Put yourself in his position. Because that’s what the Constitution and our great forefathers require from you. As Americans.’
Noah could see it had an effect on the jury. Victoria’s Secret unfolded her arms, and an older African-American woman in the front row smiled. Thomas called her Mama because she looked like his mother.
‘And there is a third point I want to make. You have heard the term “reasonable doubt,” and I want to explain to you why that matters. Under our legal system and our wonderful Constitution, the Commonwealth always has the burden to prove guilt beyond a reasonable doubt. It’s as simple as that.’ Thomas opened his hands in appeal. ‘It’s nowhere more important than in a first-degree murder case like this one, because convicting Dr Alderman could result in the death penalty. There is no greater punishment, ladies and gentlemen. Nor is there any greater power. The last thing you ever want to do is to convict an innocent man. As the saying goes, “Better to let a guilty man go free than to convict an innocent man.” ’
Noah watched the jurors, their attention completely focused on Thomas, and he started to believe that he might actually be found not guilty.
‘And that is the very reason for the presumption of innocence and the requirement that the Commonwealth establish guilt beyond a reasonable doubt. What is reasonable doubt? If you recall, the Commonwealth put on four witnesses, a police officer, a detective, a criminalist, and a coroner. Did you notice what is missing from their case?’ Thomas lifted an eyebrow. ‘A witness. The Commonwealth did not produce a witness to this crime. Now, you might be thinking to yourself, “Thomas, that’s a lot to ask. How often do you get an eyewitness to a crime?” And you would be right about that, except in this case.’
Noah had no idea where Thomas was going, and he could see an older juror in the back row frowning.