Frank De Felitta - Audrey Rose

Brice Mack paused here to let the weight of his message sink in before continuing.

“Before going on, however, if you will bear with me in a small digression, I should like to tell you, since Mr. Velie failed to do so, just what precisely the law in this state regards as first degree kidnapping.…”

Scott Velie had come to his feet halfway through Brice Mack’s statement and was waiting patiently with arms folded for the proper moment to object, which was now.

“Objection, Your Honor! Defense counsel knows that only the bench has the authority to instruct the jury on the law and that it is improper for either counsel to assume such an authority; besides which, this is not a proper statement to be made in an opening address anyway.…”

“Your Honor,” Brice Mack retaliated with equal force, “the defense contends that the charge of first degree kidnapping is inept, inappropriate, and improper as it applies to the defendant; that, if any charge had pertinence in this case, and the defense is confident of its ability to disprove even that, it would be the lesser charge of custodial interference in the second degree.…”

It was coming. Janice’s hand groped for Bill’s, found it tense and clammy. The woman reporter seemed suddenly revitalized, her attention riveted on the dueling lawyers. Even Judge Langley was leaning forward in an attitude of renewed interest.

“Custodial interference, Mr. Mack,” the judge instructed, “as I’m sure you know, implies the existence of a direct blood relationship between the litigants in an action. Can you offer such proofs?”

“Yes, Your Honor. Through the development of testimony based on the knowledge and experience of expert and learned witnesses, the defense will clearly demonstrate that the most conclusive and strongest possible familial relationship does indeed exist between the defendant, Elliot Hoover, and the child known as Ivy Templeton—”

“Objection, Your Honor,” Velie cut in. “This is totally improper in an opening address. Again, defense counsel is attempting to discuss the law; if he felt the charges were inappropriate, there were motions he could have made before the trial commenced to have the charges dismissed. Further, the state can offer substantial proofs and documents to refute any earthly claim of a direct blood relationship between the victim and her abductor.”

“Well,” said Judge Langley somewhat dryly, “it would seem that both of you are aware of a good deal more than I.”

“Your Honor!” Both lawyers spoke at once, but Velie’s booming voice overpowered and outdistanced his opponent’s.

“Your Honor, lest this hearing become polluted with wild and unfounded assertions, may I beg the court’s indulgence for a conference in chambers out of earshot of the jury?”

Judge Langley, his curiosity piqued, was quick to agree. “Very well, court will stand in recess. Jury will be ushered back to the jury room until summoned.”

Janice heard a sibilant sigh slowly escape from Bill as the pent-up tension within him was gradually released. He turned to Janice and smiled nervously.

“Velie’s round, I’d say,” he murmured.

Janice smiled back encouragingly. His hand clasped hers tightly, as would a child’s about to enter a haunted house.

“Why wasn’t I advised of this earlier?” Judge Langley said, his irritation showing. “Not a word about reincarnation in our pretrial conference. Why wasn’t this matter brought to my attention?”

“The only matters that are important in this case, Your Honor, are the hard, earthbound facts,” Velie said in a sulky, aggrieved tone of voice. “It doesn’t matter whether Hoover believes in reincarnation or believes that the moon is made of green cheese. The fact is he committed a crime by taking someone else’s legitimate offspring, removed her from her home, secreted her in his own home, and then interfered with the performance of a government function. No matter what his reasons were for doing this act, he is liable to arrest and prosecution under the law.”

Judge Langley fixed a cold stare on Brice Mack.

“All right, Mr. Mack, let’s have it.”

“Very simply, Your Honor,” Brice Mack said, holding his voice to a discreet and reverent level, “we believe that the question of reincarnation is relevant and material to this case.”

“On what grounds?”

“On the grounds that it provides the defendant with a perfectly valid defense.”

Langley’s voice fell like a hammerblow. “You mean, just because your client happens to believe this poppycock, you are prepared to turn my courtroom into a three-ring circus?”

“Your Honor,” Brice Mack quickly interjected, “please, sir, it is certainly not our intention to in any way compromise the dignity of your court. However, my client stands accused of one of the gravest charges on the books, and I’m sure you will allow that he does have the constitutional right to defend himself against such a charge.”

“Your client is entitled to a reasonable and proper defense under the law, Mr. Mack. Nothing more and nothing less. Do I make myself clear?”

“Yes, sir, perfectly clear. And we believe that a defense based on reincarnation is entirely reasonable and proper under the circumstances.”

“Have you done any research?” growled Langley. “Can you site sources, give me any legal precedents for such a defense?”

“No, Your Honor,” said Mack in his most disarming little-boy voice. “We have found no legal precedents to support this defense.”

Judge Langley appeared stunned. “And you expect me to instruct the jury that if they find your client took the child in the belief she was his reincarnated daughter, they must find him not guilty?”

He gazed at Scott Velie with a twinkle of a smile and shook his head. Velie, sunken deeply in his chair, grinned back. Brice Mack waited until their exchange of looks was completed before continuing.

“It is not my client’s belief in reincarnation that’s important, Your Honor. What’s important is whether reincarnation is a fact. I believe, in order for my client to be found guilty, the jury must make a finding that there is no such thing as reincarnation and that it is impossible for Ivy Templeton to be Elliot Hoover’s child. We have experts who will testify to the contrary, and regardless of Your Honor’s predilection or predisposition to believe or not to believe this, we believe the court owes the defense the opportunity of presenting this evidence. We believe it is material and relevant and competent, and we should be permitted to convince the jury that this is so; because if we are able to do this, then the kidnapping charge is not a viable charge.”

During the soft-spoken, slowly articulated statement, Judge Langley felt himself retreat into the soft burnished leather of his ancient chair as a sick, oppressive weight bore down on his chest. He had had a prescience when he awakened that morning, after having passed a restless and mainly sleepless night, that it would be one of those days. Looking across at the unlined, eagerly bright, and rapacious face of the young attorney, Judge Langley suddenly felt very, very old.

Scott Velie was quick to catch the momentary flagging of attention, the diminution of intensity in the judge’s eyes, and knew it was his cue to step in. The old hyprocrite’s intellectual range and judicial acumen were obviously being sorely tested.

“Your Honor,” he said, removing a document from his inner pocket and passing it across the desk to the judge, “this is a Xeroxed copy of Ivy Templeton’s birth certificate; physical evidence that Ivy was born to William and Janice Templeton and was the issue of Mrs. Templeton’s womb. So, unless Mr. Hoover fathered the child through sexual intercourse with Mrs. Templeton, which he does not claim to have done, there is no way in my mind that he can prove the child is his. Even if, and I submit the ‘if’ is a mighty big one, even if reincarnation could be proved to be a viable theory, all it would show is that she may have formerly been Hoover’s child, but is not presently. This document is the only certified legal instrument attesting to the child’s parentage, and nothing Elliot Hoover claims or believes can ever change that.”