“In the interest of full disclosure, she is also engaged to be married to cocounsel, Marc Kadella.”
Upon hearing that, the men stopped writing.
“You’ve heard and seen the state’s case against the accused, but now it’s our turn. Once again, I will thank you for keeping your word to wait until all of the evidence, until the entire trial has been presented before making your decision.
“We believe we can refute everything that you have been told so far.”
For the next forty minutes, while slowly pacing back and forth, Jennifer led the jury through a briefing of what they were about to hear and see. She listed each witness step-by-step, setting out their case for reasonable doubt. The one that caught their attention the most was the expert who would explain claw hammer scratches and how less than unique they are.
“These are not fingerprints. They are tool marks, caused by removing nails from wood.”
Jennifer concluded by explaining, “Ladies and gentlemen, this is not a TV show where the defense brings in the real killer for the surprise ending. To be honest, we don’t know who committed these horrible crimes. It’s not our job to find the real culprit.”
Here, Jennifer turned and looked at the prosecution’s table. “That’s their job. Our job is to convince you fine people,” she continued pacing to make eye contact with each of them, “that there is reasonable doubt that Robbie Craig is guilty, that you are not fully convinced of Robbie’s guilt and you have a genuine, logical reason for that uncertainty.”
“Objection, argumentative,” Hughes stood and said.
“Overruled.”
“If you keep an open mind, listen to the testimony, you will have a reasonable doubt and find Robbie Craig not guilty. Thank you for your attention and your service as jurors.”
“The defense calls Detective Lucy Compton, your Honor,” Marc called out.
Lucy had known she would be called first. She was seated in the courtroom in front of the rail behind the prosecution’s table.
Foster reminded her she was still under oath when she took the stand.
“Permission to treat the witness as hostile, your Honor,” Marc asked.
“Granted, go ahead.”
Treating her as hostile meant he could ask leading, yes and no questions.
“Welcome back, Detective,” Marc said.
“Thank you,” Lucy replied.
“During your direct exam, you stated, and I’m paraphrasing here a little but I think I have it accurate. Tell me if I don’t.”
“Sure,” Lucy said.
“Part of your testimony you claimed to have done a thorough and professional investigation of this case, is that a fair statement?”
“Yes, it is.”
Marc held up a stack of papers and said, “Detective Compton, I’m holding in my hand copies of over three hundred complaints about Phillip Friedman, victim number three, the psychiatrist who treated Robbie Craig and Dr. Walter Miller victim number four, the surgeon who performed the surgery to turn Robert Craig into Roberta. Did you obtain these during your investigation?”
“I’d have to look at them to know for sure,” Lucy said.
“Fine, may I approach, your Honor?”
“Go ahead,” Foster said.
At the witness stand, Marc handed the copies to her and said, “I’m showing the witness copies of letters the defensereceived, complaint letters, concerning victims Phillip Friedman and Walter Miller. Go ahead, Detective, look them over.”
By now Lucy had seen enough to know that the police did receive these same letters.
“Yes, we did receive these,” she said and handed them back to Marc.