Play Dead

The period leading up to New Jersey v. Richard Evans has gone even faster than most. A lot of that has to do with the lack of progress we have been making; it has been frustrating and has created a feeling, of if not desperation, then of very significant concern.

Kevin and I have looked at our mission as twofold. First there is the need to mount an effective defense for Richard, to punch holes in the prosecution’s case and thereby create a reasonable doubt. Just as important is our goal of coming up with a possible villain, someone we can point to and say or imply, “He did it, not Richard.” Juries, like movie audiences, like to have a story reach a resolution. They want to blame someone for the crime, and the easiest place to lay that blame is on the defendant. If they can’t do that, then they at least want to be given a theory of who the bad guy really is.

It is in this second area that we have the most problems. Hamadi has so far been a dead end; Sam’s report is that he has substantial, apparently legitimate business relationships with at least six other companies. We have also been unable to learn any more about Archie Durelle or the significance of his apparently faked death on that helicopter.

Equally puzzling is the government’s role in all this. They tried to tap my phone, and the FBI mysteriously took over and put a lid on the investigation of the highway shooting. Perhaps it has to do with Franklin and his job with the Customs Service, but we haven’t made the connection with any certainty whatsoever. And juries like certainty.

To complete the circle to nowhere, Pete Stanton has reported no progress on the investigation into Karen’s shooting and Franklin’s death. There are no leads at all, leading Pete to believe that they were professional hits.

One thing I don’t like to overprepare for is my opening statement. I just figure out the points I want to make, without writing a speech or doing much rehearsing. I also like to relax and get away from the case the day before the trial starts, and since tomorrow’s the big day, I’m taking today off.

I stop down at the Tara Foundation to see how things are going. It gives me a peaceful feeling to hang out with the dogs, all of whom would have been killed in the animal shelter had we not intervened. They’re now well fed, warm, and safe as they hang out in what is a halfway station on their way to really good homes.

Karen’s influence on the place has been remarkable. She’s added a grooming station, decorated the visiting area in which potential adopters hang out with the dogs, and brought an overall warmth and enthusiasm that had been in short supply. Willie and Sondra are crazy about her, and she about them. Fortunately, no further attempts have been made to harm her, but Willie is ever vigilant.

“What are you doing here?” Karen asks. “Don’t you have to get ready for tomorrow?”

“Andy’ll be ready,” Willie says. “He’ll have the prosecution idiots for lunch.”

Willie has an overly generous assessment of my legal abilities, but I make it a point never to correct him.

“Tomorrow’s just jury selection,” I tell Karen. “There won’t be much excitement.”

“Andy, every single moment of that trial is going to be exciting. And you are going to be great.”

I spend about an hour there soaking up the compliments and then head down to Charlie’s so Vince and Pete can insult me back to reality. And reality is where I need to be, because starting tomorrow, Richard Evans will be counting on me to save his life.

* * * * *

“THIS IS A very simple case,” is how Daniel Hawpe begins his opening statement to the jury we have chosen together. I don’t think that either side achieved any real advantage in the jury selection process; we’re both going to have to win it on the merits.

“We are going to simply present to you a series of facts, many of them uncontested even by the defense. You will then look at those facts and decide whether or not Richard Evans killed Stacy Harriman, and I believe your conclusion will be that he did so.

“The evidence you hear will be mostly circumstantial, and I’d like to discuss what that means. There is no eyewitness to this crime, no one who saw Mr. Evans kill Ms. Harriman and throw her body overboard. This is true in many, many murder cases. Most murderers don’t want to commit their crimes while others are around to observe them. So they do it when they are alone with their victims, when there is no chance for anyone to intervene and stop them.”

Hawpe has a smooth, conversational style of speaking, of connecting with his audience. It will serve him well in politics, and I have no doubt he’s thinking that achieving a guilty verdict in this trial will serve him equally well.