Page 131 of Precise Justice

“We are confident at the end of the trial, the evidence will show beyond a reasonable doubt, that the defendant is guilty of all five of these murders. Thank you.”

Judge Foster called for a brief recess. When they returned, he addressed Marc.

“Mr. Kadella, does the defense wish to make its opening statement?” Foster asked.

Marc and Jennifer had thoroughly discussed this. Marc was in favor of it, Jennifer, who was going to give it, wanted to wait. She won the argument by reminding Marc of the jurors’ numerous promises to wait. Wait until all of the evidence had been submitted.

To answer Foster’s question, Jennifer stood and said, “The defense trusts the jurors to keep their promise and wait until all of the evidence has been presented. We will defer until after the state has presented its case.”

Hughes and Raines both considered objecting, but to what and what would the objection be? It might look like they didn’t trust the jury.

When Jennifer slyly snuck in her statement reminding the jury about their promise, it was nonresponsive to the question, but so what? She sweetly looked at them, smiling while she said it.More importantly, it was already too late. The jury could not un-hear it.

“Approach,” Foster told the lawyers.

When they reached the bench Foster asked the prosecutors if they had a witness ready.

“We expected the defense to give their opening.

“We can have her here in fifteen minutes if you want to continue,” Hughes replied.

“Jim, come here, please,” Foster said to a deputy.

When the man got to them, he leaned forward so the judge could whisper.

“What’s the situation like on the streets?” Foster asked.

“The police have it under control … pretty much,” the deputy told Judge Foster.

The deputy went back and Foster looked at the lawyers. “It will be four o’clock before we get your witness on the stand. I don’t think I want to put the jury through a long day on the very first day.

“We’ll adjourn until tomorrow. Have your witnesses lined up and ready to go.”

Before adjourning, since the jury was not sequestered, Foster took a moment with them. He reminded them to avoid news coverage and speak to no one about the case, including each other.

Philo Anson, the Star Tribune reporter, was sitting front row, behind the defense table and while everyone else was exiting, he leaned over the railing.

“Marc, how about an interview?”

Marc shook his head while looking at Maddy. He then held out his right hand, palm up pointing at Philo. Maddy smiled and went to the railing.

“Hi, Philo,” she said.

“Hello, gorgeous. You know I’d love to talk to you, but…”

“And you know he can’t talk to you now. Plus, there’s nothing to talk about,” Maddy replied.

“A comment, her opening?”

“No comment,” Maddy said.

“Are you still engaged?” Philo asked while holding his notebook.

“Totally, but never give up hope, Philo. Marc could become old and decrepit. You never know.”

“Great! I’ll use that,” Philo said pretending to write it down.

Maddy pursed her lips, narrowed her eyes, leaned into him and said, “Use that and I’ll cut your tiny little nuts off and feed them to a squirrel.”

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