Brian Freeman - Goodbye to the Dead (Jonathan Stride Book 7)

Members of the jury, you will hear testimony from witnesses in this trial. It will be up to you to evaluate their credibility and decide how much weight to give what they say. I’m asking you to be patient and listen carefully to each witness and not to come to any conclusions until you have heard all of the evidence.

Howard felt restless. It was hard to come down from the adrenaline high of being here. His eyes flicked around the courtroom, which was smaller than he expected. He and his fellow jurors were seated in blue cushioned chairs inside the jury box. The two counsel tables were placed side by side, barely six feet away from them. He thought it strange to see the prosecutor and defense attorney seated next to each other, like colleagues rather than adversaries. Judge Edblad’s platform, inside a wooden enclosure at the front of the courtroom, was only slightly elevated. There were tables and computers for the clerk and court reporter. Everyone was close together.

The room was narrow but very tall, with twenty-five-foot walls broken up by dark wood panels and white stone blocks. The chambered ceiling featured sculpted trim painted in gold and green. One set of double-wide doors led in and out to the marble hallway of the courthouse. Behind the counsel tables, a few rows of spectator benches were completely filled by the media.

You should rely on your own judgment and common sense to evaluate the testimony of each witness. You will need to decide for yourself whether they are sincere, whether you believe them, whether what they say is reasonable or unreasonable.

His fellow jurors looked as ordinary as he did. Eight women. Six men. Twelve of them white, plus one black man and one black woman. The youngest juror couldn’t have been more than twenty-five years old. The oldest, a woman in a blue dress with her hands in her lap, was at least seventy. Howard was seated at the end of the front row, closest to the counsel tables. The lone black woman, who was in her mid-thirties and wore a burgundy pants suit, sat next to him. She had a pleasant smile.

While this trial is going on, there are things you shouldn’t do. Remember, you aren’t investigators or detectives, so you shouldn’t go looking for information about this case. Your family and friends are likely to be curious about what you’re doing, but you should not discuss the case with anyone else. You shouldn’t read articles about it in the newspaper or online or watch news reports.

Janine Snow was directly in front of him.

She was seated at the end of the counsel table beside her attorney, Archibald Gale. If she’d reached out her hand, if Howard had reached out his hand, they could have touched. She wore a light blue suit with a rose blouse underneath. Styled blond hair, each strand in place. An expressionless, enigmatic face. He could see her blue eyes as she watched the judge. She kept her hands folded primly in front of her. He was close enough to her that he could see the small birth mark near her mouth and the pale pink shade of her lipstick. As beautiful as she was, she wasn’t completely ageless. He could see tiny creases in her skin, hiding discreetly under her makeup.

He knew he was staring and that he should drag his eyes away. She must have felt him studying her, because her head swiveled slightly, and their eyes met. It felt to him just as it had in the mall that day. There was something intimate and extremely erotic about it. Her eyes didn’t smile or beg him for mercy; she simply answered his own stare, human to human, woman to man. He looked down at his lap, embarrassed.

He hadn’t lied in the juror interviews. Not really. He’d acknowledged that he was aware of the case, but that was true of anyone in Duluth. No, he hadn’t formed a conclusion about Dr. Snow’s guilt or innocence, and that was true. For everything he’d read about the murder, and for all the time he’d tried to divine the truth in pictures of her face, he really had no idea if she killed her husband. He was an ordinary man with no connection to anyone involved in the crime. The perfect juror.

‘Mr. Erickson,’ Judge Edblad said, ‘do you wish to make your opening statement?’

‘Thank you, your honor,’ Dan Erickson said, standing up.

The county attorney remained behind the counsel table, but he spoke directly to the jury. Howard listened as the prosecutor laid out the elements of the case and what they would need to decide. The legal questions. The evidence questions. It all began here.

‘This trial is about a relationship that went badly wrong,’ Erickson told them. ‘It’s about a marriage where the wife wanted out and her husband refused to let her go. This wife — the defendant, Janine Snow — saw only one way to be free of her husband. Only one way to escape. Murder. That’s the story of this case. And the witnesses and physical evidence we show you in the next few days will make the details of that story very clear. When we’re done, you will conclude beyond any reasonable doubt that, on January 28 of this year, Janine Snow shot her husband, Jay Ferris, in the head and intentionally caused his death.’

Erickson was serious and confident. He didn’t smile; he wasn’t their buddy. He wore an expensive suit, not an everyman suit, as if he wanted Howard and the other jurors to believe that he was just a little smarter than they were, knew just a little more, had been down this road enough times that you could trust whatever he said.

‘Most of what happened on January 28 isn’t in dispute,’ Erickson continued. ‘We have an eyewitness who saw the defendant and Mr. Ferris together, and we have the defendant’s own statement to the police that night. She was alone in the house with her husband on the night of the murder. They argued. Minutes later, Jay Ferris lay dead of a gunshot wound to his head in the living room of their house. Not in dispute.

‘So what led these two people to that terrible moment? Multiple witnesses will testify that the defendant wanted to end her marriage but that her husband was determined not to grant her a divorce. That the relationship between them was volatile and that each tried to inflict psychological damage on the other. That the defendant’s husband, Jay Ferris, knew about his wife’s addiction to prescription pain medications and was threatening to expose this information and destroy her medical career. He held her whole future in his hands, ladies and gentlemen. That’s the situation Janine Snow faced on January 28. That’s why she used a gun to murder her husband.

‘Did the defendant know how to fire a gun? Yes, she did. We’ll show you a photograph of her firing a gun similar in kind to the gun used to murder Jay Ferris.

‘Did the defendant have access to a gun? Yes, she did. You’ll hear a witness testify that the defendant knew that her husband owned a gun and that she concealed that knowledge from the police. Her husband’s gun has since disappeared.

‘Did the defendant take steps to conceal whether she fired a gun on January 28? Yes, she did. By her own statement to the police, she took a shower and washed her clothes that night before the police arrived. So she made it impossible to run chemical tests on her body and her clothes that would have confirmed that she had fired a gun.

‘This story isn’t hard to understand, ladies and gentlemen. You won’t need anything more than your common sense to know what happened that night. Janine Snow caused the death of Jay Ferris.’

Howard felt the blank slate of his judgment fill with suspicion as Erickson spoke. Judge Edblad had already warned them that nothing an attorney said was evidence, and yet if the evidence revealed what Erickson promised, it was hard not to believe that the case was exactly as he stated.

Then Archibald Gale stood up.