Mr. Zamora is going to assert his constitutional right not to testify,” I said.
This waiver is deemed so important that it is the one time in a criminal case that the judge actually addresses the defendant to make sure that he understands the ramifications of the decision. Judge Sloane went through the script, eliciting from Nicky his understanding that he had the right to testify, that he was freely choosing not to testify, and that no one had made him any promises or assurances or offered any inducements regarding that decision.
“Okay, then,” Judge Sloane said when that part was finished. “What say I call in the jury and we do closing arguments?”
A few minutes later, Ethan was at the lectern, going through the reasons that the jury should convict. It was more or less a rehash of his opening, but this time he was able to point out that the witnesses had said exactly what he’d promised they would.
“Mr. Jefferson is the key,” he told them. “He has no reason to lie to you. He freely admitted a sexual relationship with Ms. Remsen, whereas someone acting in a calculated fashion might have denied it. So you should believe him when he said that Ms. Remsen was returning home on the night of her murder to end her marriage to the defendant. And we know to a certainty that no more than a few hours later—and likely much sooner—Samantha Remsen’s neck was broken and she was discarded in the ocean like a piece of garbage.”
For my part, I gave a reasonable-doubt closing, arguing that the prosecution had failed to meet its burden. “If you think there’s any reasonable possibility that Mr. Jefferson is lying—for example, that maybe something did happen between Tyree Jefferson and Ms. Remsen that caused a fight, and that in anger he killed her—or even that Ms. Remsen suffered a terrible accident while she was with Mr. Jefferson, and he lied to cover that up—then you must acquit, because, by definition, that means that you have reasonable doubt that Mr. Zamora is guilty of murder.”
The prosecution gets the first and last word in closing arguments. As a result, the jury heard my recitation of what-ifs after Ethan claimed that only Nicky had the motive, means, and opportunity to murder Samantha Remsen. Then they heard him say it again after me.
The last point Ethan made was to rebut my theory of reasonable doubt.
“Reasonable doubt is not any doubt, ladies and gentlemen,” he said. “Mr. Broden could tell you that aliens came down from Mars and murdered Samantha Remsen, and just because the prosecution couldn’t prove that didn’t happen, it’s not grounds to acquit.”
A quick verdict is almost always a guilty finding. So, when that first day came and went without a jury note indicating their unanimity, I knew we had at least one holdout among the jurors. The following day also ended without a verdict. When we still had no decision by late Thursday, Maggie predicted that the jury would hang.
Friday is often make-or-break in jury deliberations. Jurors know that if they fail to reach a verdict before the weekend, they have to return on Monday, and that often convinces the holdouts to switch sides.
Even though we had been, more or less, shoulder to shoulder for a week with absolutely nothing else to do, Nicky and I hadn’t said anything of consequence to each other. Our last substantive interaction had been when I’d confronted him about Anne. Nothing I could say now would matter in the least to Nicky. The only truth that mattered now was the verdict.
At noon, word came that the jury had reached a verdict.
“Good luck,” I said to Nicky as we waited for Judge Sloane to take the bench.
Nicky didn’t reply, but if looks could kill, I’d be a dead man.
Judge Sloane summoned the jurors to the courtroom. After everyone was seated, the process that would end with a pronouncement of guilt or acquittal began.
Nicky sat ramrod straight beside me, his eyes focused straight ahead, taking in the theatrics occurring before the judge’s bench. The bailiff had just completed his four-foot trek from the jury box to the judge to deliver the jury’s verdict slip.
“Will the defendant please rise?” Judge Sloane said.
Maggie, Nicky, and I did as directed. I looked over to Ethan. The prosecution team remained seated.
The foreperson was the oldest woman on the panel. I hadn’t wanted to select her, but Maggie had thought she’d side with us in the end. We’d know