as dramatically as possible to the defendant, who was sitting low between Jake and Libby, as if the jurors were not sure who exactly was on trial.
“The defendant got his hands on Stuart’s own service gun, a nine-millimeter Glock pistol.” Dyer stepped to the table where the court reporter was taking it all down, picked up State’s exhibit number one, and showed it to the jury. He placed the weapon back on the table and continued, “He took it, and with deliberate will and premeditated intentions, pointed it at Stuart’s left temple, and from a distance of about an inch, he pulled the trigger.” Dyer pointed to his own left temple for even more drama. “Killing him instantly.”
Dyer flipped a page of his notes and seemed to study something. Then he tossed it on the podium and took a step closer to the jury box. “Now, Stuart had some problems. The defense will attempt to prove—”
Jake was itching to interrupt. He jumped to his feet and said, “Objection, Your Honor. This is the State’s opening, not mine. The district attorney cannot comment on what we might attempt to prove.”
“Sustained. Mr. Dyer, just stick to your case. This is an opening statement, ladies and gentlemen, and I caution you that nothing either lawyer says at this point is in evidence.”
Dyer smiled and nodded as if the judge had somehow vindicated him. He continued, “Stuart was drinking too much, and too often, and he had been drinking during the night before he was murdered. And he was not a pleasant drunk, prone to violence and bad behavior. His friends were worried about him and were discussing ways to help him, to intervene. Stuart was no choirboy and he was struggling with his demons. But he answered the bell every morning for work and never missed a day, and when he was on duty he was one of the finest deputies in Ford County. Sheriff Ozzie Walls will testify to that.
“Now, the defendant was living in Stuart’s home, along with his mother and his younger sister. Josie Gamble, his mother, and Stuart had been together for about a year, and, to say the least, their relationship was rather chaotic. Josie Gamble’s entire life has been chaotic. But Stuart provided her and her kids with a good home, a roof, plenty to eat, warm beds, protection. He gave them security, something they had known little of. He took them in and he took care of them. He really didn’t want any kids, but he welcomed them and didn’t mind the added financial burden. Stuart Kofer was a good, honest man whose family has lived in Ford County for generations. And his murder was senseless. Murdered, ladies and gentlemen, Stuart Kofer was killed by his own gun while sleeping in his own bed.”
Dyer paced a bit and the jurors absorbed every word. “As the witnesses come forward, you will hear some awful testimony. I ask that you hear it, consider it, but also consider where it is coming from. Stuart is not here to defend himself, and those who attempt to disgrace his good name have every reason to portray him as a monster. At times it might be difficult not to be suspicious of their motives. You may even feel sympathy for them. But, I ask you to do one thing as you consider their testimony. Ask yourself, over and over, the same question, and it’s simply this: At that crucial moment, did the defendant have to pull the trigger?”
Dyer backed away from the jury box and took a step closer to the defense table. He pointed at Drew and asked, “Did he have to pull the trigger?”
He walked to the State’s table and sat down. Brief, to the point, and very effective.
His Honor said, “Mr. Brigance.”
Jake stood, walked to the podium, picked up the remote, punched it, and the smiling face of Stuart Kofer disappeared from the wall. Jake said, “Your Honor, I will defer until the State has rested.”
Noose was surprised, as was Dyer. The defense had the option of opening now or later, but it was rare that a lawyer passed up the opportunity to sow seeds of doubt at the very beginning. Jake sat down and Dyer gawked at him, confused, wondering what trick he was trying to pull.
“Very well,” Noose said. “That’s up to you. Mr. Dyer, please call your first witness.”
“Your Honor, the State calls Mr. Earl Kofer.”
A bailiff at the door stepped into the hallway