confirmation of his theory. The follower had sent her a note.
The silence that descended over the courtroom as Chandler walked to the lectern was the kind of tension-filled quiet that accompanies the moment before a verdict is read. Bosch felt that this was because the verdict was a foregone conclusion in many of the minds in the courtroom and Chandler's words here would serve as his coup de grâce. The final, deadly blow.
She began with the perfunctory thank-yous to the jury for their patience and close attention to the case. She said she was fully confident that they would fairly deliberate a verdict.
In the trials Bosch had attended as an investigator, this was always stated by both lawyers to the jury, and he always thought it was a crock. Most juries have members who are there simply to avoid going to work at the factory or office. But once there, the issues are either too complicated or scary or boring and they spend their days in the box just trying to stay awake between the breaks, when they can fortify themselves with sugar, caffeine and nicotine.
After that opening salutation, Chandler quickly got to the heart of the matter. She said, “You will recall that on Monday I stood before you and gave you the road map. I told you what I would set out to prove, what I needed to prove and now it is your job to decide if I have done that. I think when you consider the week's testimony, you will have no doubt that I have.
“And speaking of doubt, the judge will instruct you but I would like to take a moment to explain to you once again that this is a civil matter. It is not a criminal case. It is not like Perry Mason or like anything else you have seen on TV or at the movies. In a civil trial, in order for you to find for the plaintiff, it requires only that a preponderance of the evidence be in favor of the plaintiff's case. A preponderance, what does that mean? It means the evidence for the plaintiff's case outweighs the evidence against it. A majority. It can be a simple majority, just fifty percent, plus one.”
She spent a lot of time on this subject because this would be where the case was won or lost. She had to take twelve legally inept people—this was guaranteed by the juror selection process—and relieve them of media-conditioned beliefs or perceptions that cases were decided by reasonable doubts or beyond the shadow of doubt. That was for criminal cases. This was civil. In civil, the defendant lost the edge he got in criminal.
“Think of it as a set of scales. The scales of justice. And each piece of evidence or testimony introduced has a certain weight, depending on the validity you give it. One side of the scales is the plaintiff's case and the other, the defendant's. I think that when you have gone into the jury room to deliberate and have properly weighed the evidence of the case, there will be no doubt that the scales are tipped in the plaintiff's favor. If you find that is indeed the case, then you must find for Mrs. Church.”
With the preliminaries out of the way, Bosch knew that she now had to finesse the rest, because the plaintiff was essentially presenting a two-part case, hoping to win at least one of them. One being that maybe Norman Church was the Dollmaker, a monstrous serial killer, but even if so, Bosch's actions behind the badge were equally heinous and should not be forgiven. The second part, the one that would surely bring untold riches if the jury bought it, was that Norman Church was an innocent and that Bosch had cut him down in cold blood, depriving his family of a loving husband and father.
“The evidence presented this week points to two possible findings by you,” Chandler told the jury. “And this will be the most difficult task you have, to determine the level of Detective Bosch's culpability. Without a doubt it is clear that he acted rashly, recklessly and with wanton disregard for life and safety on the night Norman Church was killed. His actions were inexcusable and a man paid for it with his life. A family paid for it with its husband and father.
“But you must look beyond that at the man who was killed. The evidence—from the videotape that is a clear alibi for