William Bernhardt - Capitol offence

Taylor was also able to testify about the change that had come over Dennis after his wife disappeared. Although Dennis had stopped coming to work, Taylor saw him twice and on one occasion accompanied him when he searched for his wife. He described Dennis as worried, obsessed, and deeply distressed. He said that physically, Dennis had been tired, haggard. He'd begun to stutter when he talked and often drifted off in the middle of his sentences, never completing his thoughts. Since he wasn't a medical expert, Ben couldn't quite have him say that Dennis's mental stability was affected, but the implication was obvious.

Taylor was a useful witness, but Ben didn't kid himself that he was a case winner. Guillerman didn't even bother to cross-examine.

The next witness was another personal friend, a woman who lived next door to Dennis and Joslyn. Not the woman sitting behind him masquerading as his mother, but another woman named Joanne Sultan. She was also able to confirm that Dennis and Joslyn had been a loving couple. She had heard some arguing from time to time while she was out working in her garden, especially when Joslyn came home in the wee hours of the morning, but she never thought anything of it. She had been watching people all her life and she could tell Dennis was still as in love with her as he had been on the day they married. She also personally admired Dennis-his sunny personality, his eager willingness to help a neighbor.

The portrait she painted of her neighbor after his wife died could not have been more dramatically different had she said he'd been imbibing Dr. Jekyll's potion. He'd stopped going to work. He'd stopped shaving in the morning or changing his clothes. He'd muttered to himself, mostly unintelligibly. Sultan had gone over to his house on several occasions during this period; she'd been worried about him and felt he probably should not be alone. But he'd refused all assistance and virtually barricaded himself in his home. Sultan admitted that on one occasion, after Joslyn was dead, she had peered through the kitchen window, just to check on Dennis. She'd seen him poring over a photo album with tears in his eyes.

Their wedding photos.

The last time she'd seen him, she'd been encouraged. She'd thought he might be getting over it, because she could see that he had dressed and groomed himself. In fact, he'd been wearing a suit and looked quite attractive. This was the day of the murder.

Ben realized that she must have seen him on his way to Ben's office.

"Did you ever observe him doing anything violent?"

"No," she assured Ben readily. "Never. Not before or after he lost his dear wife. Never."

"Did you ever hear him talk about doing anything violent?"

"No. Of course not."

"Ever see anything that suggested he might be planning something violent?"

"No."

"How would you describe his demeanor on the last occasion you spoke to him?"

She thought several moments before answering. "I would say he was a changed man. Dramatically altered. I'm sure there was a glimmer of the old Dennis in there somewhere, but I couldn't spot it. He was not himself."

"Thank you. I have no more questions."

Guillerman, however, had several.

"You've testified that you never saw any indications that the defendant was planning anything violent."

"That's so."

"But you have said he muttered a lot. What did he mutter?"

"Mostly his wife's name. Joslyn."

"Anything else?"

She smiled sadly. "Fizz. It was a nickname he had for her."

"Anything else?"

"I'm sure I can't recall everything…"

"Did he ever mention Detective Christopher Sentz?"

The elderly woman's lips turned down in a small frown. "On occasion."

"And did he mention the detective favorably?"

"No."

"What did he say?"

She took a deep breath. It was obvious she did not want to continue but felt honor bound to answer the question truthfully. "He called him a murderer."

"I see. Did you detect any anger when he said this?"

"What do you expect?"

"He was very angry at Detective Sentz, wasn't he?"

"Can you blame him?"

"You're not answering the question."

"Yes. He was very angry at Detective Sentz. But that doesn't mean-"

"Just answer the questions, ma'am. Would you say he thought about Detective Sentz a lot?"

"Probably."

"That would be my guess as well. Now, one final matter, and let me thank you already for your cooperation today. You described in some detail how changed you found the defendant after he lost his wife, right?"

"Yes. Dramatically so."

"As I'm sure is to be expected when someone loses a spouse, something which, sadly, is not all that uncommon. Thousands of people lose spouses every year, but they don't all go out and commit murder as a result."

"Objection!" Ben said.

"Sustained."

"I'm sorry, your honor. I was distracted. What I meant to ask was, Ms. Sultan, you've said you thought the defendant was different. But would you describe that difference as insane?"

"Objection!" Ben said again. "The witness is not qualified to render a psychiatric opinion."

The judge shrugged. "She can give her personal opinion, based on her observations, and the jury can give it whatever credence they deem appropriate."

"Thank you, your honor." Guillerman repeated the question. "Did he ever strike you as insane?"

There was a long pause before the witness answered. The silence hung between them, weighted and immoveable.

It seemed an eternity before she answered. "No," she said quietly. "He did not."

"Thank you," Guillerman said, walking away. Ben sensed it was taking everything he had not to gloat. "No more questions."

Ben's lead witness after the lunch break was the first of two medical experts he would be calling. Dr. Stanley Hayes was an emergency medicine specialist operating out of a hospital in Oklahoma City. He was in his mid-fifties, bald on top and salt-and-pepper on the sides, slightly pudgy but certainly no more than might be expected from a successful man of his age and height. He was active in several state and national medical organizations and had been the keynote speaker for the National Council of Emergency Room Personnel. Ben established his credentials and then revealed that he had reviewed all the records pertaining to Joslyn Thomas and was familiar with the case.

"Your honor," Guillerman said, "let me renew my objection to this witness and his entire anticipated testimony. It has no probative value."

Judge McPartland looked annoyed. Perhaps he was still angry about the gag order violation. "Mr. Prosecutor, I have already ruled on your objection and you have made a record. Please sit down."

Ben continued his direct. "Could you explain what caused the death of Joslyn Thomas?"

Hayes spoke directly to the jury box. "Dr. Thomas suffered numerous injuries from the crash, which, after not being treated for many days, led to her death. Upon impact, she was impaled by a jutting piece of metal that pierced her leg, right about here." He pointed to a spot on his upper thigh. "This rendered her immobile, although given the condition of the automobile, I doubt she could have gotten out in any case. She also suffered a severe concussion, though it did not render her permanently unconscious. She had numerous lacerations, all over her body. One wound to her forehead bled profusely. She also suffered a broken arm, a broken clavicle, and two broken ribs, injuries she presumably received upon impact."

"Of all these injuries, which were the most profound?"

"The most dangerous would be the impalement of her leg, though they were all serious. Broken limbs can be especially nasty when they go too long untreated. With the leg wound, though, there was profuse bleeding, not to mention the deadly danger of gangrene. Blood poisoning from the metal is also a danger. Worst of all, her kidneys had been damaged, causing a buildup of toxins in her system. That, coupled with the dehydration and malnutrition, is probably what caused her death."