Alan Jacobson - False accusations

He threw a glance at the defendant, then looked back at the jurors. “Brittany Harding,” Denton said, again pointing a short and stubby finger at Harding, who looked away, “is accused of murdering two people. But the story does not begin there. Let’s go back to late August of last year. Miss Harding was a recently hired assistant for a nonprofit organization whose president was Dr. Phillip Madison, a prominent surgeon in the community.

“When the organization’s administrative officer became ill, Miss Harding temporarily took over those duties. Witnesses tell us-as they’ll tell you during this trial-that Miss Harding had difficulty handling these activities. She accused one parent of being responsible for her child’s mental retardation, when in fact it was a genetic defect that was the causative agent. Others reported she was ‘condescending,’ and ‘unwilling to help’ them,” Denton said, reading the witness statements from a legal pad. “But there’s no crime in being ignorant or rude, is there?”

He took a few steps toward the prosecution table, then turned and faced them again. “When Dr. Madison suggested to Miss Harding that she submit an employment application for the administrative officer’s position, a job that she’d taken for granted would automatically become hers, she felt threatened. She thought she was going to be fired, so she manufactured a story in which she claimed that Dr. Madison raped her in his home. And she took this story to the police. She told them he’d raped her. But she didn’t go to the police on the same day that ‘the rape’ allegedly occurred. In fact, she didn’t go a week later.

“Not two weeks later. Not three weeks later. So when did she make this accusation? Five weeks later, ladies and gentlemen. I’m going to show you how she manufactured the entire scenario, and attempted to frame the doctor with rape.

“The police did their work diligently. They repeatedly interviewed Dr. Madison, but they couldn’t gather any evidence to support Miss Harding’s claim. Because no proof of rape existed. But Brittany Harding would not be deterred: she leaked her story to the newspaper, and an article was written without specifically naming Phillip Madison as the accused doctor. The tactic worked. It scared him-if his name had been mentioned, it could’ve destroyed his fine and hard-earned reputation as a top surgeon.

“Miss Harding’s attorney immediately contacted Dr. Madison’s attorney and made a proposal: she would drop the rape complaint against him in exchange for a modest sum of fifty thousand dollars.” Denton strode back toward the jury. “This is called extortion, ladies and gentlemen, and it’s against the law. I’m going to show you how she played this same game of extortion with a former employer of hers two years ago. And you’ll see a video of Brittany Harding admitting to this gentleman that she was extorting him. We’ll hear him testify as well.

“But Brittany Harding,” he said, looking over at her again, pausing, allowing the jurors to follow his gaze to the defendant, “did not succeed with her plan of extortion against Dr. Madison. Yes, he paid the money, because in the long run, sadly, it was cheaper to pay her than go to trial to defend himself, and it was safer than risking damage to his reputation that the public exposure of her false accusations would certainly have caused.

“So why did her plan fail? Because Brittany Harding was not content to take the money and run. She decided she wanted more. Money was not enough. She needed revenge. She wanted to destroy Dr. Madison’s marriage. So she mailed a copy of the payoff check along with a copy of the agreement the two lawyers had drafted, as well as a staged picture that I’ll show you during the trial.

“As a result, Brittany Harding had violated the agreement, and Dr. Madison’s attorney forced Miss Harding to return the money-all of it-to avoid a lawsuit alleging extortion.” Denton chuckled. “She was furious, to say the least. Look at all the trouble she’d gone through. Ladies and gentlemen, I’ll bet she felt that she’d earned this money! After all, she worked hard for it. But then, overnight, it was taken from her. Stolen from her. She was angry, enraged. So angry, in fact, that she confronted Dr. Madison in a supermarket and began screaming at him.” Denton held up his tightened fist toward the ceiling. “‘You’ll pay for this. I’ll get even!’ she yelled, in front of witnesses.”

He leaned both hands on the railing in front of the jury box, and looked deeply into their eyes as he spoke. “You’ll hear from one of these witnesses, the grocery clerk who checked her food out right after the argument occurred. He’ll tell you exactly what she said. You’ll hear for yourselves just how angry she was. He’ll also testify that she purchased a six-pack of Millstone Premium Draft beer-remember this because in a moment I’ll mention these beer cans again, and you’ll see their relevance.

“So what was it that she did in order to get even with Dr. Madison?” Denton folded his hands in front of him again, and stood facing the jurors. “I’m going to show you how Brittany Harding stole the motor vehicle which belongs to Dr. Madison, and then used it to kill two pedestrians, leaving one of them, a single parent, to die slowly in the street on a cold, rainy, winter evening.

“And I’m going to show you that following the hit-and-run, Brittany Harding then planted evidence in the vehicle-those Millstone Premium Draft beer cans that she’d purchased in the market a few days earlier-with the intention of fooling the police into thinking that Dr. Madison had, in a drunken state, run those two people over.”

Denton began strolling slowly in front of the jurors. “For a while the police were fooled. They did think Dr. Madison was the guilty party. After all, it was his car. In fact, I’ll freely admit to you that I was ready to go to trial against the good doctor until we discovered two additional pieces of evidence. Two things that convinced me that Brittany Harding had committed these murders…two things that will convince you that she committed these murders: her motive, and the physical evidence that proves the beer cans belonged to her.

“Now, before I tell you how I’m going to prove that Brittany Harding had a motive, let’s first discuss what motive means. In a legal sense, motive is that idea, belief, or emotion that leads the mind to indulge in a criminal act.” He stopped, allowing the definition to sink in. “It’s the cause or reason that moves the will and induces criminal action on the part of the accused.

“Through the testimony of several witnesses, you’ll hear what kind of person Brittany Harding is, what type of relationship she had with Dr. Madison, and, just as importantly, how she threatened revenge against him in public. When she screamed ‘I’ll get you for this! You’ll pay,’ she telegraphed her actions loud and clear. She announced what she was going to do, and then she acted upon her promise. We don’t have to guess what was in her mind because she told everyone who was in earshot what she intended to do.

“And that makes it really quite simple. If you agree that Brittany Harding’s emotions led her to commit a criminal act, then the rest is easy. Everything else will then fall into place for you. It’ll look black and white, and a verdict of ‘guilty’ will merely be a logical conclusion.

“I will do everything I can to make this case as clear-cut and black-and-white as possible. But in general, a juror’s job is always difficult, because the defendant’s attorney will try and cloud the issues, throw up roadblocks and smoke screens, and try to confuse you. Don’t be fooled. Don’t let him deceive you.

“Once you hear all the evidence, you’ll then have to decide which of it is significant. Which facts are important, and which are not. Who is telling the truth, and who is not. Ultimately, you’ll have to ask yourself if a person like Brittany Harding, who was capable of extortion on two occasions, who was capable of lying to the police about a rape that never occurred, is someone you can believe when she says she is innocent of murder.