Trial Junkies

— 20 -

Matt Isaacs had seen quite a few trials over the course of his career, and Assistant District Attorney Edwin Abernathy was one of the better song and dance men he'd come across.

Anyone who has spent time on a jury-or watched a few trials on cable TV-knows that, more often than not, the verdict comes down to one simple thing:

Presentation.

Sure, you've got the evidence, you've got the witnesses, but if things are really cooking, and the parties have prepared, you can sometimes see a well-choreographed performance that's as compelling as good theater. That performance is designed to sway the jury, and a finding of guilt or innocence often depends on the showmanship skills of the attorneys involved.

Abernathy wasn't a particularly handsome man, but he made up for it with a rich baritone, a hint of style and a carefully nuanced sincerity that seemed unforced and genuine.

Matt had missed Jury Selection, but he knew the moment Abernathy opened his mouth that Ronnie was in trouble.

"Ladies and gentleman, I want to take a moment to introduce myself to you again. Jury selection was a long, tedious process, and I realize most of you only look at me as the guy who asked a lot of personal questions. Some of them pretty invasive."

He paused, offering them a smile.

"So let's start over. My name is Edwin Abernathy, and I've been a prosecuting attorney for fourteen years. Signed on with the DA's office straight out of law school and haven't regretted a moment of it."

Matt didn't doubt that was true. The guy was a senior deputy who had racked up a long string of convictions.

"My job," Abernathy continued, "is to represent the State of Illinois. When one of our citizens has been taken from us, has been brutally murdered-as in the case before you today-my only concern is bringing her murderer to justice."

He paused, letting that sink in. Then he turned, gazing at Ronnie.

"Now, when you look at the defendant, Ms. Veronica Baldacci, if you're anything like me, you see an attractive young woman who doesn't look all that dangerous. Truth is, she could be my next door neighbor. A wife, a mother, a daughter, somebody's best friend. She is, under the eyes of the law, an innocent woman. And that's exactly how I'd like you see her. Innocent until proven guilty."

Matt frowned. By saying this, Abernathy was stealing some of Waverly's thunder, since she had undoubtedly planned to cover similar ground in her opening statement. Abernathy was talking like a defense attorney right now and that, to Matt's mind, was genius.

"Innocent until proven guilty," the ADA repeated as he turned back to the jury. "I say this because I believe that anyone accused of a crime deserves her day in court. Deserves to have the evidence against her weighed and evaluated by a jury of her peers-which in this case is you."

He paused again, looking thoughtful. Matt knew that every pause, every syllable that Abernathy uttered this morning had been carefully rehearsed.

Unfortunately, it didn't seem that way.

"But it is also my sincere belief that when you've heard and seen that evidence, when you've listened to the testimony of the witnesses the State of Illinois intends to put on the stand, you'll realize, as I did, that what you have before you is a vindictive, scornful woman. A desperate mother who was so afraid of losing custody of her only child that she lashed out in anger against a woman she believed had betrayed her: Ms. Jennifer Keating. Jenny to her friends and loved ones."

Matt glanced at Hutch now, who sat stiffly beside him, watching Abernathy. He didn't know what had changed Hutch's mind about Ronnie-and he wasn't about to question it. But he did worry that once Abernathy was done, Hutch might again withdraw his support.

That's how good this guy was.

Matt felt bad about the way they had manipulated Hutch. But his old friend was a complex, conflicted man, and they'd known it would take a certain amount of persuasion for him to see things the way they did.

Matt wouldn't have bothered if it weren't so important to Ronnie. Not just for the money-as Hutch had rightfully suspected-but because Hutch was the one person whose support was most important to her. This, despite the fact that she hadn't seen nor heard from him in years.

Matt found this perplexing, but then women had always been one of the great mysteries of his life. Hence the two divorces. But he knew that a dozen Matts and Andys wouldn't amount to a single Hutch in Ronnie's eyes. Especially when he thought back on what had ended his own brief affair with her.

What Andy would call a major boner killer.

It was an embarrassing moment for both of them, and enough to make them realize the futility of what they were doing. And as much as he had enjoyed being with Ronnie, had enjoyed her ferocity in bed (the woman had moves he'd never dreamed of), he knew it had a been a mistake.

Having another man's name hurled at you in the throes of passion-Hutch's name, to be precise-tends to make you see things a little more clearly. Even so, Matt did care about Ronnie. Enough to let her go despite the loneliness of those days just prior to his divorce-and enough to believe in her now, even when the rest of the world didn't.

A cynic might think that Ronnie was manipulating Matt, but he refused to allow himself to go there. It was true that she had her share of problems-as they all did-but she wasn't a conniver any more than she was a murderer, despite what the Assistant District Attorney had to say about her.

And he certainly wasn't holding back.

"Contrary to appearances," Abernathy continued, "as the evidence will show, the defendant, Veronica Baldacci, is a brutal killer who stalked and harassed Ms. Keating for nearly a month, before luring her from her car and attacking her in a fit of rage. The evidence will show that the defendant, Veronica Baldacci, stabbed her victim fourteen times in the chest and thighs before slitting her throat and leaving her to bleed to death in a vacant lot."

He paused to let this sink in, and Matt knew that the image of a broken, bloodied body was forming in the minds of everyone in that courtroom. For some, that image included Ronnie, standing over Jenny with a knife in her hand.

"That's what this trial is all about," Abernathy said. "Evidence, motive and the ability for you, as jurors, to see past any preconceived notions you might have about what a murderer looks like. The defendant may well seem innocent on the surface, but I think that by the time you begin your deliberations, you'll all agree with the State of Illinois that she's guilty of murder in the first degree."

With a final glance at Ronnie, Abernathy stepped away from the podium and went back to his table.

Matt looked at the jurors, a diverse mix of Chicagoans, and he knew that the ADA had scored some major points-all in a few simple words.

That simplicity was the beauty of Abernathy's opening. He had primed the pump without giving anything away, and it would take all of Waverly's skill as a defense attorney to reverse his momentum.

She looked eager to try.

When Judge O'Donnell-a stern-faced man with heavy jowls-gave her the nod, she shot to her feet. "Thank you, Your Honor." Then she turned to the jury and said, "Good morning, ladies and gentlemen."

Several of jurors nodded as others murmured "hello" in response.

"I'd introduce myself to you again," she said, "but I don't think that's necessary, do you? Who I am is not important, because this trial-this miscarriage of justice-is not about me."

Bam, Matt thought. A line drive right out of the box. He glanced at Abernathy, but the prosecutor seemed unfazed.

Waverly waited a moment, then said, "Defendant. You heard Mr. Abernathy use that term a number of times during his opening statement in reference to my client, Veronica Baldacci. The defendant."

She paused, squeezing Ronnie's shoulder.

"But, you see, I have a problem with that word. Because labeling the accused the defendant implies that she has something to defend. Yet under the eyes of the law, the accused is not required to defend herself at all. The accused is not required to do or prove anything. The burden of proof lies solely with the prosecution."

She paused again, scanning their faces. "Think about that. The State of Illinois must prove that the accused is guilty of a crime. Guilty beyond a reasonable doubt."

She moved away from the defense table now, stepping up to the podium.

"Mr. Abernathy talks of scorn and vindictive behavior, of harassment and stalking and desperation, but his words are nothing more than smoke and mirrors. Attempts to cloud your perception of Ms. Baldacci before you've even had a chance to hear the truth. But the truth is, ladies and gentlemen, that none of the evidence the state intends to parade in front of you actually proves that Veronica Baldacci committed a crime. As Mr. Abernathy himself told you, Ronnie Baldacci is indeed innocent until proven guilty, and what you will see and hear over the next few days does not meet that burden of proof. Not even close."

Matt and Andy exchanged a grin, and now Hutch turned to them and whispered, "She's good," as if to reinforce what they were already feeling.

"But I won't lie to you," Waverly continued. "Some of what you'll hear will certainly seem damning. The so-called DNA evidence. The phone calls. But as we all know from recent events in the news, DNA evidence can often be tainted. DNA evidence is only as reliable as the people who handle it-some of whom are desperate to close a case. To find a killer."

Waverly turned now, gesturing to Ronnie.

"But as Mr. Abernathy himself said, Ronnie Baldacci does not look like a killer. And why is that? Because Ronnie Baldacci is not a killer. Ronnie Baldacci is nothing more than a good woman struggling to raise a child, doing the best she can to make it in this world. The police came after her because she was an easy target. Because her presence in Jennifer Keating's life-tangential as it was-made it easier for them to close yet another case in a city where so many murders go unsolved."

She stared intently at the jurors now.

"As you'll soon discover, this is a classic rush to judgment. The kind of move only the most cynical and lazy law enforcement officers make. And because of that cynicism, because of that laziness, Jennifer Keating's real killer remains at large."

She gestured to the gallery.

"For all we know, he could be sitting in this courtroom today, or watching on TV, or reading about it online or in the papers. And he knows the one thing that I know. What the police and prosecutor should have known, and what every one of you will soon know once Mr. Abernathy has finished presenting his case." She paused, staring intently at the jurors. "That Veronica Baldacci is not guilty."

As Waverly returned to her seat, Matt smiled inwardly. It was a brilliant strategy. If you convict Ronnie Baldacci, the real killer will go free. A powerful deterrent to anyone with an itchy trigger finger.

Whether or not the jury would buy this strategy was difficult to say, however, and as Matt studied their faces, he got nothing from them.

Judge O'Donnell said, "Thank you, Ms. Waverly," then turned to the prosecutor. "Mr. Abernathy, please call your first witness."

Abernathy nodded and got to his feet. "Your Honor, the state calls Detective Jason Meyer to the stand."

And so it begins, Matt thought.