William Bernhardt - Capitol offence

Enough of this. Ben moved to the side, blocking off their view of the defendant, closing in to make his final points. "Yes, Dennis reacted to his wife's death in an extreme fashion. Regardless of what you think happened in that hotel room, it is clear that he did things he should not have done. But that in and of itself proves that his brain was not functioning in a normal manner. He was behaving extraordinarily-like he had never acted before. That is not a strike against him, as my opponent would suggest. That is perhaps your greatest evidence that Dennis was acting under the influence of an altered mental state. That most delicate of balances had been utterly skewered."

Ben paused, giving the jury a chance to register all he had said. "I also have sympathy for Detective Sentz. I'm sure we all do. But that is simply not the subject of this trial. That is a side matter the DA has introduced to distract you from your task at hand. This case is about Dennis Thomas. It is possible to have sympathy for both men-indeed, I don't see how we cannot. But Dennis Thomas is the one on trial. One man has died already. Do we need another? Haven't we had enough death result from this tragic, almost Shakespearean series of events? Isn't this exactly when we as a society should have the courage to resist the temptation to pursue revenge and retribution? The Bible says, 'Blessed are the merciful, for they shall receive mercy.' Mr. Guillerman thinks the fact that temporary insanity allows a jury to grant mercy is a bad thing. I think it's perhaps the one final element that allows us to retain some semblance of justice in the criminal justice system."

Ben folded his hands, signaling the jury that he was coming to a close. "Like Mr. Guillerman, I urge you to fulfill your oath. You agreed that you would listen to the judge's instructions and would apply them to this case. The judge will read those instructions to you in a few minutes and you will be able to take a copy back with you to the deliberation room. All of them are important, but two are paramount. One that says that in order to convict, you must find the defendant guilty beyond a reasonable doubt. If you find the degree of proof is anything less than that, you must acquit Dennis. It is not a choice. If you believe the case against him has not been proved, if doubts still linger in your mind, you must set this good man free and let him get on with his life. And if you believe that he was temporarily insane, you also must acquit him."

Ben moved in closer. "Let's be honest here. Dennis is not a criminal. These circumstances will never be repeated. He is no danger to society. Hasn't there been enough death already?"

Ben held up his hands like trays on opposite ends of a scale. "Justice? Mercy? Or retribution. The choice is yours."

Ben gazed at them one final time, making eye contact with each. Then he took his seat at the table.

The judge read his instructions to the jury, then cautioned them about what they could and could not do in the course of deliberation. Less than half an hour later, they were dismissed. The bailiff led them back to the main deliberation room, where they would remain for the foreseeable future.

After the court session was adjourned and the spectators were leaving, Christina tapped Ben on the sleeve. "Just so you know, I thought your closing was brilliant."

He smiled a little. "Persuasive?"

She did not answer immediately. "Brilliant."

Dennis swiveled around in his chair. His eyes seemed dark, tired. The strain of the trial was definitely showing on him. Probably on all of them.

"But was it enough?" Dennis asked, keeping his voice low so no one would hear. "Will they believe it?"

Ben did not immediately answer.

"I was watching their eyes, but I couldn't tell what they were thinking."

"We'll talk about it when we get out of here."

Dennis appeared surprised. "We're leaving? Going back to the office?"

Ben began packing up his trial materials. "I think we should all go home. I have a feeling the jury is going to be out for a good long time."

Loving did a double take. "Mike?"

"Yeah. You're sure Ben isn't lurking around somewhere?"

"He's busy with the trial. What are you doing here?"

"Keep your voice down." Mike glanced up the hill. It was a steep slope they had just rolled down, but there were still men in the driveway waiting for Dr. Sentz to return with the mysterious goods. "We don't want to tip off those smugglers upstairs."

"Do you know what's goin' on? What they're doin'?"

"Don't you?"

"Well…"

"Then why are you here?"

"I'm tryin' to find out who killed Christopher Sentz."

"I thought that was obvious."

"Ben doesn't think so."

"What else is new? Ben thinks all his clients are pure as driven snow. Even the cop killers."

"Yeah, but I'm beginnin' to think he may be right this time. Something weird was goin' on at that hotel."

Mike cocked his head slightly. "And you think that has something to do with the smuggling ring?"

"I know Peter Shaw is one of the goons up in that driveway. And he was also at the hotel that day."

"Then the foxes were guarding the henhouse." Mike paused a moment. "You know, that would explain a few questions I've had."

"Why are you tracking smugglers, anyway? Isn't homicide your beat?"

"There was a homicide. A man who died in the most grotesque manner."

"Some kinda mutilation?"

"Worse. Intense radiation poisoning. What the docs call ARS-acute radiation syndrome. Burns all over the body, even more serious internal damage. Organs baked from the inside out. Immune system shutdown. GI tract disintegrated. Stomach lining aspirated. Stress on the body triggers a cardiac arrest in the most painful-"

"I get the idea."

"That's what started my investigation."

Loving remembered the radiation warnings he had seen on the hospital doors in the oncology wing. "There's something inside the hospital? Something dangerous?"

"Very dangerous. And valuable. If you're a terrorist."

Loving glanced up the side of the hill, making sure they weren't doing anything to attract the attention of the men waiting for Dr. Sentz to come out with the contraband. "Can you clue me in?"

"Ever heard of cesium?"

"Can't say that I have."

"It's one of several radioactive materials used by hospitals today for radiation therapy. That's one of many purposes. It's also used in the oil industry to create a more effective drilling fluid. Scientists use it in atomic clocks. Photoelectric cells. But cancer treatment hospitals are the primary users in the United States."

"For what, chemo?"

"It's primarily used to treat gynecological cancers."

Loving thought for a moment. "That was Joslyn Thomas's specialty."

"Cervical and uterine cancers?"

Loving nodded.

"Apparently they place the cesium inside a woman's uterus to irradiate the cancerous growth." Mike swore under his breath. "That's the real irony here. The same stuff docs use to cure cancer patients can also be used by murderers and terrorists to make dirty bombs."

"Dirty bombs? Is that for real? I thought that was a myth. Like Red Mercury."

"Just because we haven't seen one explode in the United States doesn't make it any less real. Dirty bomb is basically a catchphrase for any radiological dispersal device. A weapon that combines conventional explosives with radioactive material."

"Does that make it more effective?"

"In a way. You can actually kill more people immediately with conventional bombs. The primary purpose of the dirty bomb is to spread radioactive material over a large area. High-intensity exposure to radiation can kill a person in a few hours. If released in a limited and controlled environment, it could make the place uninhabitable for centuries. In any scenario, thousands could be irradiated. Even if it's not fatal, you know what that means."