Dog Tags

CHAPTER 48

“WE ARE A NATION OF LAWS.” Eli Morrison has chosen to begin his opening statement with a sentence that everyone can agree with. It is probably the last sentence he will say during the entire trial that doesn’t get an argument from me.

“Some of those laws are complicated; anyone who has ever gotten a look at the tax code can attest to that. But some are simple, like the one the State of New Jersey has accused William Zimmerman of breaking.”

Eli is calling Billy “William” in an effort to dehumanize him. Regular guys have nicknames, would be Eli’s theory, and murderers are not regular guys.

“This particular law says that one person cannot murder another. It doesn’t matter if the murderer has a grudge against his victim. It wouldn’t even matter if that grudge was legitimate, if the killer considered it vigilante justice. That is just a name killers use; the real name for it is murder.

“William Zimmerman killed Major Jack Erskine, against whom he held a grudge. A man whom he blamed for destroying his life. So he stalked Major Erskine and then gunned him down in cold blood, at point-blank range, on an Edgewater street. The forensics evidence, the eyewitness testimony, will prove this conclusively to you, beyond a reasonable doubt.”

Eli has answered one question for me; he has quite willingly opened the door to testimony about Billy’s grudge against Erskine, and will no doubt introduce evidence of it during the trial. I’m pleased about that, but it doesn’t go far enough for me. I want to be able to show that other people had a reason and a desire to kill Erskine, but it’s problematic at this point whether that testimony will be admitted.

“The defense will try to cloud the issue and, if I know Mr. Carpenter, will cloud it very creatively. They will advance wild theories about alleged conspiracies hatched thousands of miles away, about shadowy villains who murder and then disappear into the night. It will all be very interesting, even fascinating, but it will be irrelevant.

“Your job, and Judge Catchings will instruct you as to this, is to focus on the evidence that is presented to you. Not theory, not speculation, just evidence. That is all I ask you to do, and I know you will.”

During Eli’s statement, I glance over a few times at the people sharing the defense table with me. Billy sits impassively, showing no emotion whatsoever. Having an ex-cop as a client presents some challenges, but a significant advantage is his familiarity with this process.

Billy knows what to show the jury, and what not to show them. They should see dignity, and thoughtfulness, and courage in the face of adversity. They should not see emotion, especially in this case. Billy is being accused of letting emotion and a desire for revenge cause him to murder; his acting emotionally now would only feed into that.

Emotion can also be easily misinterpreted. Tears of anguish can be construed as tears of guilt; outrage at a witness’s falsehoods can be taken as anger that the truth is being revealed.

I discussed this desired code of conduct with Billy before the trial, but he already knew it, and I am confident he will continue to act accordingly.

Farther down the table is Hike, who looks far more unhappy with things than Billy. Unfortunately, this is the natural state of affairs; Hike is in fact unhappier than Billy. There are prisoners in CIA black-hole rendition prisons who are positively giddy compared with Hike.

Hopefully, as the trial goes on, the jury will realize that Hike’s demeanor is a permanent affliction, and that he naturally looks miserable even when things are going our way.

Eli has done an excellent job on his opening, and it’s not because he was particularly eloquent. The strength of his argument rested in the fact that he was telling the truth; the evidence is overwhelmingly on the prosecution’s side, and if the jury isn’t led astray, Billy is history.

Which means I have to lead them astray.

“Ladies and gentlemen, there will be very few instances in which Mr. Morrison and I will be in complete agreement, but here is one of them: We both want you to focus on the facts.

“So let’s start with some background facts. Billy Zimmerman is a hero, a public servant worthy of our respect and admiration. He has spent his entire adult life protecting our laws, protecting me, protecting you.

“After graduating from college, he went directly to the police academy, as his father did, and as his grandfather did before that. He spent the next eight years in dedicated service, receiving multiple commendations, and earning the rank of detective. He is the eighth youngest person to achieve that rank in Passaic County in the last fifty years.

“Had he continued in that role, progressing at that pace, he would no doubt be an even higher-ranking officer in the department today. The only problem was that there was this war going on, on the other side of the globe, and Billy felt he was needed there even more than here.

“So he volunteered for active duty and became a military policeman, putting his life on hold so he could go to Iraq and protect us again. And he received three commendations for his efforts.

“Until one day his life took a turn. A sixteen-year-old girl strapped bombs to her waist and blew herself to bits, killing eighteen people in the process. Bill Zimmerman lost his leg that day, and at the same time he lost his opportunity, but not his ability, to protect us.

“He was considered physically unable to remain in the army, and when he came home, instead of being greeted as the hero he was, he faced the stupid, heartless treatment so many of our veterans are subjected to. Quality medical care was difficult to come by, and his job at the police department was no longer his for the retaking.

“By a curious coincidence, Milo, the dog that Billy worked with on the force, was also finding himself suddenly unwelcome, because he had reached the ripe old age of seven. So Billy took custody of Milo, with few options and the need to provide for both of them. So what did he do?

“He became a thief.”

I can see the surprise in the jurors’ eyes when I say this, but it was an easy call for me. Billy’s new “profession” was going to come out in this trial no matter what, so it should come from me. This way I can present it in the best possible light, while not looking like I am trying to hide it. If handled right and we get lucky, it could even play as a positive for us.

“Yes, Billy Zimmerman became a thief; in fact, Milo did as well. They used the same technique that Milo learned in disarming dangerous criminals to steal items that they could then sell for money. In the course of six months they did this three times, not enriching themselves in the process, but earning enough to keep them fed and sheltered.

“And then one night he saw Mr. Erskine, a man in charge of security the day that Billy was injured. He saw him acting suspiciously, so he watched and waited to see what was going on. And when the opportunity presented itself, he and Milo tried to steal something that Mr. Erskine had that seemed to have possible value.

“But the evidence will show that Mr. Erskine had his own agenda that night; he was meeting someone to make what seems to have been a sinister exchange. And the person he was meeting proved to be his killer.

“But here’s what you need to know: In that horrible moment, Billy Zimmerman once again became a protector. He rushed to protect Mr. Erskine, but he was too late. The evidence will show that because he made that effort, and only because he made that effort, he sits here before you today, accused of the murder he tried to prevent.

“Those are the facts, and I join Mr. Morrison in asking you to please follow them.”