Bury the Lead - By David Rosenfelt Page 0,48

facts for you, so you can make your own decision.

“This defendant taunted you, and taunted the police, even as he killed. Mr. Cummings pretended to be the one person that the murderer contacted, the one person that he trusted to speak to the world on his behalf. That is how he stayed in the spotlight, even as he lurked and slaughtered in the shadows.

“The judge will guide you throughout this trial. One of the things he will tell you, which I will also tell you now, is that the state does not have to prove motive. I can only guess as to why Daniel Cummings went on this murdering spree. The true answer lies somewhere in the dark recesses of his mind.

“But not only don’t I have to prove what his motive was, I don’t really care. Because it simply doesn’t matter; what’s done is done, and it can never be set right. It may sound harsh, but this trial is not about compassion, it’s not about understanding, and it’s not about rehabilitation. This trial is about protection. It’s about you, as representatives of this community, saying something very simple.”

He turns and points at Daniel. “It’s about saying that you, Daniel Cummings, are finished murdering. Now it’s your turn to be afraid.”

He turns back to the jury. “Thank you for listening.”

Tucker has done a masterful job; even I gagged only once or twice. There is no way I can effectively counter it, not at this stage. All I can do is make our presence felt, by making it clear to the jury that we are not going to roll over and die.

I stand. “Ladies and gentlemen of the jury, that was a beautiful speech, wasn’t it? I don’t know about you, but I was hanging on Mr. Zachry’s every word. Of course, my reason for listening so intently was a bit different than yours. I was waiting to hear something that was true. I’m still waiting.

“Mr. Zachry did not offer you the specific facts of the case, so I won’t respond to them. He’ll have plenty of time to present his side, and so will I. Of course, he said that Daniel Cummings was a murderer, and he is simply wrong about that. But that argument also is for a later date.

“One thing Mr. Zachry did say was that certain incriminating items were found, not on Mr. Cummings personally, but in his car and apartment. This he says constitutes possession, and possession he considers evidence of guilt.”

I reach back with my hands and place them behind my hips, then look puzzled. Not feeling my wallet, I start to pat my right back pocket. “Excuse me . . . I seem to have misplaced my wallet.”

I go back to the defense table, quickly looking through my personal papers and briefcase. I glance at Kevin, who holds up his hands in a gesture indicating that he has no idea where the wallet could be.

I then walk over behind the prosecution table, look around for a moment, and reach under Tucker’s chair. There, where I taped it to the leg, is my wallet. I rip it off the leg of the chair, hold it aloft, and feign astonishment. “Mr. Zachry, how could you?” Then, “Bailiff, arrest this man!”

The jury, not exactly the best and brightest, finally understands and roars with laughter. Tucker goes ballistic, screaming his objections. Calvin, though I think he’s secretly amused, comes down hard on me, telling me in no uncertain terms that I am not going to turn his courtroom into a circus. Business as usual.

I resume my opening as if nothing happened. “What disturbed me the most about what Mr. Zachry had to say was his characterization of you as society’s protectors. You could read every lawbook ever written, and sometimes I feel like I have, and never find that. Not anywhere. Not once. You are the trier of fact. You decide who is guilty and who isn’t. That’s all. If the result of that decision is that society is protected, that’s great. But your role is simply to make the correct decision about guilt or innocence. Believe me, that’s enough to have on your plate.

“Wherever we go, whatever we do, we bring the person that we are with us. None of us has been dropped from another planet, with no life history and all empty pages. We act reasonably consistent with our past actions.

“Yet Mr. Zachry would have you believe that Mr. Cummings, with no criminal history,