The Justice Game

84

Jason stood and took only a few steps from his chair, trying to look calm and relaxed. His insides churned from the tension.

“In the ancient Jewish tradition, the priest would lay his hands on the head of a goat during the Day of Atonement and confess the sins of the people. The goat would then be cast out into the wilderness to make atonement for the people’s sins.

“The ancient Greeks had a similar custom when a natural disaster, like a plague or famine, would occur. They would pick a beggar or someone crippled from inside the city, place the blame on that person’s head, stone and beat him, and then cast him out of the community.”

Jason stepped into the middle of the courtroom, keeping his eyes on the jury. He would do his closing without notes. For the most part, he would keep his voice even and measured-the very picture of reasonableness.

“Scapegoating. It’s been around for thousands of years. But American plaintiffs’ lawyers have perfected it.”

“Objection!” Kelly said, and Jason wanted to thank her. “That’s improper argument, Judge.”

Judge Garrison looked a little perplexed. He told Jason to tread lightly and reminded the jury that this was just argument from the lawyers, not evidence in the case.

“A tragedy occurred on August 25, when Larry Jamison broke into the WDXR studios and executed Rachel Crawford in cold blood. A family was destroyed. A career was cut short. A wife was killed. A baby was lost. Somebody has to pay. And so Ms. Starling comes over and lays her hands on the head of my client, the manufacturer of the gun, and declares them responsible for all of this evil.”

Jason shook his head in disbelief. “Why? Because they pulled the trigger? No. Because they committed an illegal act in selling the guns? No. All they did was manufacture a perfectly legal gun and sell it to a perfectly legal dealer in a country that protects the constitutional right of its citizens to do so.”

By the skeptical looks on their faces, Jason could tell that some of the jurors weren’t buying this. Marcia Franks was not. Rodney Peterson was not. But Jason didn’t really care about them any more. He was talking to other jurors now.

“There’s been so much smoke and so many mirrors deployed in this case that I need to remind us all what this case is not about. It’s not about sound suppressors or fully automatic machine guns or whether ATF agents are Nazis. It’s not even about whether or not you like my client.” Jason turned and looked at Melissa Davids. Not surprisingly, she didn’t smile.

“I actually like Ms. Davids,” Jason said, as if that might surprise the jurors. “She’s a straight shooter, if you’ll pardon the pun. She has her convictions, and she’s not willing to compromise them. She’s a living example of how guns can level the playing field and help women protect themselves.

“But it really doesn’t matter whether you like her or you think she’s the devil incarnate. She’s not running for Miss Personality here. She’s at the bar of the court seeking justice. And Lady Justice wears a blindfold for a reason.”

Jason knew he had to deal with this next subject, unpleasant as it might be. Poole had been decimated on the witness stand. For the sake of appearance, Jason had to at least talk about the issue.

“This case isn’t about Chief Poole’s divorce either,” Jason said. “And you may think I’ve lost a lot of credibility by putting him on the stand.” Jason looked straight at Marcia Franks. “But if that’s the case, there’s something you need to know.

“Lawyers have certain obligations in what we call pretrial discovery. One of those is to turn over documents that we intend to use at trial. Before the first witness took the stand, I received the documents from Ms. Starling that she used this morning on cross-examination.” The jurors looked a little surprised-exactly the reaction Jason anticipated. “I didn’t share them with Chief Poole. I knew he would get crucified on cross-examination, and I put him on the stand anyway. From the looks on your faces, I can tell you’re wondering why.”

Jason took a few steps, looking down, giving the jury a moment to contemplate the issue.

“First, because I figured if he was trying to cheat on his ex-wife during their divorce proceedings, it probably needed to come out in open court. And second, because I knew that everything he said about guns being available on the streets is independently verifiable. Think about it-what does the fact that he cheated during his divorce proceedings have to do with his testimony concerning the availability of guns on the streets?”

Jason surveyed the entire jury, but he took special note of Marcia. She seemed to at least be considering this. “I put him on because I knew that you were smart enough to distinguish between the character of the man and the quality of his data. Thomas Jefferson wrote the Declaration of Independence yet never released his own slaves. Does that mean we should throw out the Declaration?

“You will recall that even though Ms. Starling made a fool of Chief Poole, she didn’t even try to attack the statistics the man presented.”

Jason took a deep breath and thought for a moment, drawing the jury in with him. He was no longer nervous. This was what he loved. Being on stage. High stakes. The audience hanging on the next line.

“Larry Jamison is not here today to punish. The SWAT team took him out. But there are other killers like Larry Jamison out there watching. And believe it or not, they probably hope that you will give a big verdict to the plaintiff. Why? Because these criminals know that they can always get a gun. And their plans will be that much easier if law-abiding citizens cannot.

“Two wrongs do not make a right. Larry Jamison murdered Rachel Crawford. An unjust verdict against the manufacturer of the gun will not bring her back.”

“Any rebuttal?” Judge Garrison asked.

“Very briefly, Your Honor.”

Kelly turned on the monitor in front of the jury and loaded the DVD. Without saying a word, she began running the tape again. Jamison bursting into the WDXR studios. The bullying, the threats, the demands of Lisa Roberts, forcing Rachel to apologize. Resolve lined Rachel’s bloodied face as Jamison screamed about the lies and declared the television studio a “court of law.”

The jury watched intently as Jamison held the gun to Lisa’s head and asked her if Rachel was guilty. They heard the commotion off camera and watched Jamison pivot toward Rachel, hatred and desperation in his eyes.

Kelly Starling paused the video right there. The frame perfectly captured both the hatred and the fear. Jamison spinning in rage toward his prey. Rachel diving toward the floor. The WDXR news studio a split second before the bullets started flying.

When Kelly spoke, her voice was barely a whisper. “Using his MD-9, purchased illegally at a gun store that never should have been allowed to sell that gun, Larry Jamison made a mockery of justice. In the final seconds of her life, Rachel Crawford had to bear the indignity of a kangaroo court, run by a madman, a court that declared her guilty of something she didn’t do.”

Kelly paused, letting the silence underline everything she was saying. “I believe that in those last few seconds of terror, her soul was crying out for rescue, hoping that real justice would somehow prevail. And I believe, as does my client, that she is watching now, crying out for justice again. You are the only ones who can deliver it.

“Don’t let Larry Jamison and the merchants of death who supplied him with firepower win again. Don’t add insult to injury. Despite what Larry Jamison said, that television studio was no court of law. This is where people come to have wrongs made right. This is where people come to plead for justice.

“Do the right thing.

“Yes, we want you to use your head. We’re not afraid of a clearheaded review of the evidence. But we also ask you to unashamedly follow your heart. That’s where justice resides. That’s where you’ll find the truth.”