Linda Fairstein: The Kills

Alex Cooper Book 06

This ebook is part of a collection to honor the memory of Hugh ‘Dunamai’ Miller who passed away on the evening of January 19th, 2006.

Dunamai was an incredible asset to the ebook community, literally converting books to ebooks by hand like a modern day clerical monk when he had to. He was the Knight of the Obscure Book and a better champion could not be found. They don't make them much better than this man.

If you are lucky in your life you might meet a handful of really 'good' people. If you knew Dunamai, then you were lucky in meeting just such a person. He was a very special man who had time for everyone and asked nothing of anyone. He also had a smile and a kind word for you anytime you needed one. Dunamai was one of the nicest, helpful and easygoing people you could meet online.

“For what is it to die but to stand naked in the wind and melt into the sun. And what is it to cease breathing but to free the breath from its restless tides, that it may rise and expand and seek god unencumbered. Only when you drink from the river of silence shall you indeed sing. And when you have reached the mountain top, then you shall begin to climb. And when the earth shall claim your limbs, then you shall truly dance.”

I'm sure Dun is dancing today. He was a star on earth, and will be a star in heaven.

We grieve the loss of an important member of the ebook community. We will remember you forever, dear friend.

"Murder. You should have charged the defendant with murder."

"He didn't kill anyone, Your Honor." Not yet. Not that I could prove.

"Juries like murder, Ms. Cooper. You should know that better than I do." Harlan Moffett read the indictment a second time as court officers herded sixty prospective jurors into the small courtroom. "Give these amateurs a dead body, a medical examiner who can tell them the knife wound in the back wasn't self-inflicted, a perp who was somewhere near the island of Manhattan when the crime occurred, and I guarantee you a conviction. This stuff you keep bringing me?"

Moffett underscored each of the charges with his red fountain pen. Next to the block letters of the defendant's name in the document's heading, People of the State of New York Against Andrew Tripping, he sketched the stick figure of a man hanging from the crosspiece of a gallows.

My adversary had been pleased when the case was sent out to Moffett for trial earlier in the afternoon. As tough as the old-timer was on homicide cases, he had been appointed to the bench thirty years ago, when the laws made it virtually impossible to take rape cases before a jury. No witness to the attack, no corroborating evidence, then there could be no prosecution. He clearly liked it better that way.

We both stood on the raised platform directly in front of Moffett, answering his questions about the matter for which we were about to select a panel. I was trying to divine my prospects as I watched the notations he was making on the face of the indictment I had handed up to him.

"You're right, Judge." Peter Robelon smiled as Moffett scribbled out the image of the doomed man on the gallows. "Alex has the classic 'he said-she said' situation here. She's got no physical evidence, no forensics."

"Would you mind keeping your voice down, Peter?" I couldn't direct the judge to lower his volume, but maybe he'd get my point. Robelon knew the acoustics in the room as well as I did, and was keenly aware that the twelve people being seated in the box could overhear him as the three of us talked about the facts and issues in the case.

"Speak up, Alexandra." Moffett cupped his hand to his ear.

"Would you mind if we had this conversation in your robing room?" My subtlety had escaped the judge.

"Alex is afraid the jurors are going to hear what she's about to tell them anyway as soon as she makes her opening statement. Smoke and mirrors, Your Honor. That's all she's got."

Moffett stood up and walked down the three steps, motioning both of us to follow him out the door, held open by the chief clerk, into the small office adjacent to the courtroom.

The room was bare, except for an old wooden desk and four chairs. The only decoration, next to the telephone mounted on the wall, were the names and numbers of every pizza, sandwich, and fast food joint in a five-block radius, scrawled on the peeling gray paint over the years by court officers who had ordered meals for deliberating jurors.

Moffett closed the window that looked down from the fifteenth floor above Centre Street in Lower Manhattan. Police sirens, from patrol cars streaking north out of headquarters, competed with our conversation.

"You know why juries like homicides so much? It's easy for them." The wide sleeves of his black robes flapped about as the judge waved his arms in the air. "A corpse, a weapon, an unnatural death. They know that a terrible crime occurred. You've just got to put the perp in the ballpark and they send him up the river for you."

I opened my mouth to address him. He pointed a finger in my direction and kept going. " You spend most of every damn rape trial just trying to prove there was even a crime committed."

Moffett wasn't wrong. The hardest thing about these cases was convincing a jury that a felony had actually taken place. People usually kill one another for reasons. Not good reasons, but things that twelve of their peers can grab on to and accept as the precipitating cause. Greed. Rage. Jealousy. Infidelity. All the deadly sins and then some. Prosecutors don't have to supply a motive, but most of the time one makes itself visible and we offer it up for their consideration.

Sex crimes are different. Nobody can fathom why someone forces an act of intercourse on an unwilling partner. Psychologists ruminate about power and control and anger, but they haven't stood in front of a jury box dozens of times, as I have, trying to make ordinary citizens understand crimes that seem to have no motives at all.

Explain why the clean-cut nineteen-year-old sitting opposite them in the well of the courtroom broke into a stranger's apartment to steal property but became aroused at the sight of a fifty-eight-year-old housewife watching television, so he held a knife to her throat and committed a sexual act. Explain why the supervising janitor of a Midtown office building would corner a cleaning woman in a broom closet on the night shift, when the hallway was dark and deserted, pushing her to her knees and demanding oral sex.

"May I tell you what I've got, Judge?"

"In a minute." Moffett waved me off with the back of his hand, rays of the late-afternoon sunlight glancing off the garnet-colored stone in his pinky ring. "Peter, let me hear about your client."

"Andrew Tripping. Forty-two years old. No record-"

"Well, that's not exactly true, Peter."

"Nothing you can use at trial, is there, Alex? Now how about letting me finish without interrupting?"

I placed my legal pad on the desk and started to list all the facts I knew that would flush out the picture Tripping's lawyer was about to paint.

"Graduated from Yale. Went into the Marine Corps. Did some work for the CIA for about ten years. Now he's a consultant."

"Your guy and everyone else who's not employed. Everybody who hasn't got a job's a consultant. What field?"