William Bernhardt - Criminal intent

"I don't know," Canelli continued. "I don't know all the answers. I don't pretend to. Let's face it-the courtroom is no place for questions of faith. We are simply ill-equipped to handle such profound and mysterious matters. But here's the one thing I do know-Father Daniel Beale killed Kate McGuire. You don't need faith to recognize that truth. You don't need to approve or disapprove of his politics or his sexual practices. All you need to do is look at the unequivocal evidence.

"Daniel Beale had a long history of violent, uncontrolled temper, something you unfortunately witnessed right here in this courtroom. He was seen by numerous witnesses in a protracted argument with the victim minutes before she was killed. He threatened her. He arranged a rendezvous with her. She kept the meeting, and an eyewitness saw him keep it-placing him at the scene of the murder at the time of the murder. He was seen shortly thereafter with blood on his hands and clothes-worse, he was seen trying to wash it off, trying to remove the evidence of his crime before the police arrived. And his fingerprints were on the weapon found in his office-his and no one else's.

"In prosecution circles, this is what's called a perfect case-we've established motive and opportunity, and there is both physical and eyewitness testimony pointing unequivocally to the defendant. There is simply no doubt about this one-he's guilty. Of murder in the first degree."

The handsome DA moved slowly from one end of the jury box to the other. He paused, peering reflectively at the jurors. "When this case is over, I suspect you will not soon forget it. I suspect that you, like me, will have many questions that you will ponder for days, perhaps even longer. Questions about politics, sex, the proper role of a minister. Even questions of faith. But you mustn't let those blind you to the core truth of this trial. This is a murder trial, and the only question you are being asked to resolve is: Who killed Kate McGuire? You may have reservations about everything else, but about that there is no doubt. Daniel Beale committed the murder. No one else could have. He committed a crime against Kate McGuire, her family, the state-and against God. And as unpleasant as the duty may be, you have an obligation to punish him for that crime, in the manner prescribed by the laws of this state. It is the job you accepted when you took your seat in that box. And now I call upon you to do it." That was, Ben mused as he walked to the jury box, perhaps the most thoughtful, introspective, low-key closing argument he had heard in his life-and probably three times as effective as a fiery impassioned diatribe would've been. Canelli, for whatever reason, had chosen to play it smart-which made Ben's job all the more difficult.

"Let's make one thing clear up front. I don't care for this business of recreational spouse swapping any better than you do. Maybe I'm just too old-fashioned, maybe I'm just too scared, I don't know. But it doesn't seem right to me and I don't like it. You probably don't, either."

He leaned across the rail separating him from the jurors. "Does that make Father Beale a murderer? No. Does this have anything to do with the murder? No."

He paused, letting the words steep and percolate in the jurors' brains. "Oh, I know what the prosecution is saying. They're trying to twist it into a motive, trying to say it created disharmony with the vestry, that Kate McGuire was upset about it. But the fact is, we already knew there was disharmony in the vestry, and we already knew that Father Beale had a big fight with Kate McGuire in the corridor at the wedding. He told you that himself, up front. What did the protracted testimony about the Liberated Christians group add to our knowledge? Nothing. Not a thing.

"So why did the prosecutor spend so much time on it? Because it's evidence of criminal intent? Hardly. He wants you to be appalled. He wants you to find Father Beale guilty because he's a bad man who did an ugly thing. Because the actual evidence of murder is thin and entirely circumstantial. So what the prosecutor can't accomplish by direct evidence he's trying to accomplish indirectly by turning you against the defendant. By trotting out every mistake he's ever made in his entire life so you will want to punish him.

"But that's not how it works, ladies and gentlemen. If you bring a verdict against my client, it can be for one reason and one reason only-because the prosecution has proved beyond a reasonable doubt that he is guilty of the crime of first-degree murder. And they haven't done it. They haven't even come close."

Ben paused, collecting his thoughts. He knew this trial had gone on long enough; he wasn't going to add several more hours of him gabbing. He had to make his point, make it well-and sit down.

"So let's clear away the debris and character assassination and look at the actual evidence that relates to the murder. What is there? Not much, truth be told. Yes, Father Beale was at the church at the time. So were about two hundred other people. Yes, he had a fight with Kate McGuire before the wedding in front of witnesses-but that should be proof that he wasn't the murderer. Unless you think Father Beale is a total idiot, and I think it's clear that he isn't, he wouldn't be stupid enough to kill someone-in his own office-minutes after numerous people saw him having a big argument with her."

Ben continued, rattling through the prosecution evidence. "Only two witnesses attempted to put Father Beale in his office at the time of the murder-a severely nearsighted elderly woman, and a pathetic liar who first offered his testimony to the defense and then, when I wouldn't use him-because he was obviously lying-offered his services to the prosecution. The kid got his fifteen minutes of fame, but did that make what he said true? Far from it. There's not even any proof that punk was at the wedding, much less that he saw anything important. His word is worse than worthless."

Ben thought he was making his points and expressing himself well, but he'd be happier if he got some indication of that from the jury. Instead, all he saw were stony, unresponsive faces. They were listening. But he saw no evidence that they were agreeing.

"I think we can all agree to disregard the testimony of the so-called hair expert. That testimony was so weak I notice the prosecutor didn't even mention it in his summation. The single piece of physical evidence upon which the prosecutor now hangs his hat is the fingerprints on the St. Crispin's Award. He thinks it's very incriminating that Father Beale's fingerprints were on that thing. But let's think about that for a moment. It was Father Beale's award, after all. It was on his desk. He'd had it for over ten years." Ben's voice swelled. "Of course his fingerprints were on it!

"I don't know why the killer's fingerprints weren't on it. Frankly, I just haven't figured out how that was done. But I know that somehow, some way, the killer held that thing in his hands without leaving a mark. I wish I could explain it to you, but the truth is, I don't have to, because the burden of proof is on the prosecution, not the defense. I don't have to prove anything. The question before you now is whether the presence of Father Beale's fingerprints on his own desk ornament proves he's a murderer. And the answer is-no. Not remotely. And certainly not beyond a reasonable doubt."

Ben stepped back from the rail and clasped his hands. "I know all of you probably have many unanswered questions, many conundrums to contemplate. But I must remind you, as you go into that deliberation room, that it is not your job, and it would be inappropriate for you to attempt, to debate issues of sexual propriety. This is not a referendum on monogamy, on matters of faith, on whether Father Beale was a good priest, or on whether his personal philosophies are sound. This is only about murder, about whether the prosecution has proved to you that Father Beale is a murderer. He isn't. But you know what? Even if you disagree with that, even if you kind of sort of suspect he might be-that isn't good enough. Because you aren't being asked whether you think the man is guilty. You're being asked whether the prosecution has proved that he is guilty-beyond a reasonable doubt. That's the only question before you."