Randy Singer: By reason of insanity

When Strackman hesitated, Quinn knew another objection was lost. Sure enough, Strackman ignored Quinn's protests and Carla Duncan spent the next ten minutes lecturing the jury about vigilante justice and the rule of law. Anne Newberg could have called protective services or the prosecutor's office, Carla said. The prosecutor promised the jury that, regardless of how much money an abuser's family might have, no matter how much clout, she was prepared to prosecute him to the full extent of the law. There was no reason, Carla said, for this defendant to take matters into her own hands.

"Even a victim as despicable as Richard Hofstetter is entitled to his day in court," Carla argued. "Abused women can't just appoint themselves judge, jury, and executioner, shooting a man in cold blood while he begs for his life. Ms. Newberg's attorney and Dr. Mancini claim the defendant was delusional when she pulled the trigger. But the evidence shows a crime carefully planned right down to the smallest details.

"Ms. Newberg says she used her husband's own handgun to shoot him, a gun he supposedly purchased on the black market and kept unsecured in his closet. Does that not sound a little too convenient to you, a little too contrived? And why did the defendant send her daughter to a friend's house on the night in question, ensuring that she would be the only one there when Richard Hofstetter arrived home? Immediately after the shooting, the defendant called 911 and then her brother. Why call her brother? Because she knew she needed a lawyer. She knew she had done something terribly wrong.

"The insanity defense is designed to protect someone so delusional that she cannot appreciate the difference between right and wrong. But it was never intended as a ticket for murder. Or a get-out-of-jail-free card for somebody who has been abused.

"Find Ms. Newberg guilty of first-degree murder. You know in your hearts it's the right thing to do."

For three days Quinn and Anne Newberg waited for a verdict and took turns encouraging each other. During the first two days, Quinn stayed at the courthouse, talking off the record to reporters and just being there for his sister. On day three, Judge Strackman allowed the lawyers to go back to their offices while the jury deliberated.

When the third day ended without a verdict, Strackman sent the jury home for the weekend. As usual, the judge admonished the jury not to talk with anyone about the case and to avoid all press coverage. "Try not to even think about the case this weekend. Come in Monday with a fresh and open mind. I'm sure you'll have no problem reaching a verdict."

Monday came and went without a verdict. On Tuesday, the jury reported they were hopelessly deadlocked, and Strackman gave them a conventional Allen charge, also known as a "dynamite charge." He reminded them how much the trial had cost everyone. He told them that no other jury would be better able to render a verdict than they were. He admonished them to keep an open mind and to reevaluate every piece of evidence. He sent them back for further deliberations.

Quinn tried to take his mind off the case by returning phone calls and e-mails that had stacked up during the trial. He divided them into four stacks-media, friends, other cases, and potential new clients. The last stack was the thickest. Over the course of his career, Quinn had developed a reputation as a flashy criminal defense attorney for white-collar crooks. But Annie's case had generated so much national publicity that it seemed Quinn was now the go-to guy for insane defendants of all stripes. Apparently there were a lot of crazy people in the world.

The call he had been waiting for came at ten minutes after three on Wednesday afternoon. "Judge Strackman would like you back in the courtroom," the clerk said. "We have a verdict."

Catherine O'Rourke felt her Stomach Clench when she heard the news, almost as if she were the one standing trial. She knew firsthand the type of pain that Annie Newberg had experienced and found it hard not to project her own feelings onto the defendant in the Newberg case. In some ways, it felt like the Newbergs were speaking for all abuse victims, for all victims of sexual crimes.

She tried to maintain a reporter's objectivity as she settled into her third-row seat next to the other beat reporters. Her paper had been randomly selected under a lottery system for one of the coveted media seats inside the courtroom for this latest "trial of the century," a media phenomenon that veteran observers compared to the Scott Peterson trial.

Courtroom 16D was a small, modern courtroom with only three rows of bucket seats for spectators. Most reporters had to watch via closed-circuit TV.

Catherine typically wrote for just one paper in Norfolk, Virginia-the Tidewater Times -but on this case her employers had decided to leverage her presence in the courtroom. Her stories on the trial appeared in all four newspapers owned by the McClaren Corporation, and she did stand-up reports "live from Vegas" for the three McClaren television stations as well. The feedback, especially on the television side, was surprisingly positive. "You've got a face for television," a news producer once told her. He'd tried to talk Catherine into using her nickname on air-"like Katie Couric does"-but Cat O'Rourke sounded too informal for a serious reporter.

Stuart Sheldon, seated on Catherine's left, covered the case for the Las Vegas Review-Journal and therefore had one of the seats reserved for local media. He also ran the reporters' pool. When the jury first retired, Quinn Newberg had been a three-to-one underdog. "It's the insanity defense," Stuart had said, as if no further explanation were needed.

Most reporters had shared Sheldon's skepticism. Nevada insanity law did not favor defendants. "This state is a little unusual," Catherine had explained during one of her stand-up reports, "in that the jury has the option of returning a verdict of guilty but mentally ill. The defendant gets basically the same punishment, but also gets psychiatric treatment while in jail. Some experts are predicting that type of verdict here."

But that comment was before Quinn's closing argument and this prolonged stalemate by the jury. Now, Sheldon's pool had the odds at fifty-fifty.

Cat jotted down a few words to describe the moment- tension, fatigue, stress -they all seemed so inadequate.

The Hofstetter family had settled into their usual seats in the first two rows on the other side of the courtroom, behind the prosecution table. They had been outspoken in their criticism of both Quinn Newberg and Carla Duncan. Newberg because he was trying to spring their son's killer. Duncan because she had painted an unflattering but truthful figure of Hofstetter as a womanizer and abuser, just one step above plankton in the prosecutor's view of the world.

Richard Hofstetter Sr. had taken to the airwaves in an effort to rehabilitate his son's name. Richard Jr. was an exemplary businessman. He gave to charity. He provided for his wife, giving her every material thing she craved-no small feat for a man married to someone as extravagant and greedy as Anne Newberg. Yes, he should have sought help in controlling his anger. But the arguments went both ways. Anne was no saint either.

It was enough to make Catherine O'Rourke sick. Smear the victim. She knew how that game was played.

The air hummed with tension when Quinn and Anne Newberg entered the courtroom looking grim, their eyes straight ahead. Resolve, Catherine jotted down as the Newbergs took their seats. Anne Newberg seems resigned to her fate.

The young woman had already lost both parents-her estranged father in a single car accident when he was forty; her mom to a heart attack nearly ten years later. Now she faced the potential loss of her freedom and, along with it, the opportunity to raise her only child.