Moments later, the twelve jurors and one alternate entered the room—eight men and four women, the alternate being a woman as well.
“The lawyers are going to give their opening statements now,” the judge told them. “Opening statements are designed to give you an overall view of each side’s case. Listen carefully because the evidence does not often come in as timely and as precisely as we would like. Witnesses often testify out of order, depending on their schedules. And some evidence is never admitted. I caution you that what the lawyers say is not evidence. The only evidence is what is said from the witness stand and the documents that are admitted into evidence during the course of the trial.
“Mr. Merton, you may proceed.”
Robert Merton strode to the lectern that was facing the jury, but he stood next to it, not behind it. Being small in stature, Merton had learned a long time ago that the lectern only diminished his stature.
“Good morning, ladies and gentlemen,” he began. “This case is about this man, Jack Tobin.” He took the time to point directly at Jack, a tactic that he would use over and over again during the trial. It had no effect on Jack, who had seen every tactic in a courtroom that there was to see. “This man, a very famous and successful trial lawyer, utilized his talents to free a serial killer on death row.” Merton paused for effect. “For money! And when that serial killer double-crossed him by killing again before he could collect his money, Jack Tobin intentionally murdered his own client.”
It was a very aggressive tactic—go for the jugular immediately, leave the details for later. Reduce Jack in the eyes of that jury as quickly as he could. Jack and Tom had expected nothing less. They didn’t expect what came next, though.
“But this case doesn’t start with the murder of Thomas Felton. It starts with the beginning of the deal. The defendant had to get Felton off to get Felton a payoff from the Florida legislature—and I will explain that process to you in a moment. And to get Felton off, the defendant had to attack the people who arrested him—impugn their character.
“You will hear from two of those officers: Danni Jansen, a retired homicide detective who was a member of the original task force, and Sam Jeffries, the head of the task force that tracked Felton down so many years ago and now the chief of police of our town. Sam had already lost his wife at Felton’s hand. The defendant brutally and effectively attacked Sam’s handling of the case, accusing the entire prosecution of planting evidence.”
Tom was on his feet. Lawyers didn’t usually interrupt other lawyers during opening statements, but Merton was way over the line.
“Objection, Your Honor. Mr. Merton is trying the wrong case here. Thomas Felton was released by the Florida Supreme Court. We can’t try his appeal all over again in this case.”
“That is a speaking objection, Mr. Wylie. I told you I won’t have speaking objections in my courtroom. Overruled.”
“But Your Honor—”
“Overruled, Mr. Wylie. Mr. Merton, you may proceed.”
Tom sat down next to Jack, extremely frustrated. “This judge is going to be a big problem.”
“We now know what Merton is going to use for his emotional impact. His victim isn’t Felton, it’s Sam Jeffries,” Jack said.
“Exactly. And the judge is going to let him get away with it.”
Meanwhile, Merton spent the rest of his opening putting meat on the bare-bones accusations he had made. He took the jurors through the facts he intended to prove in a meticulous fashion although he left a few things out. Tom didn’t know if it was meant to keep the jury curious or to surprise him and Jack, or both.
“Mr. Wylie, are you ready to proceed?” the judge asked Tom when Merton had finished.
“Yes, Your Honor,” Tom said and stood to face the jury.
Tom Wylie had a slow, easy manner about him that tended to put everyone around him at ease. It was a stark contrast to Merton’s aggressive style. Because of his height, Tom could stand behind the podium and still comfortably address the jurors, although he preferred to walk about.
He started his remarks by reminding the jurors of the burden of proof, the same thing he’d done with each juror during jury selection. Tom believed firmly that, when it came to the