Уильям Макгиверн - Summitt

“Consider the People’s attorney’s so-called evidence — fingerprints, photographs, taped interrogations and the like — I will expose that evidence for what it is. A smokescreen to obscure the fact that the Commonwealth in fact has only one piece of evidence to place before you, which is the unsupported identification of Earl Thomson by the plaintiff, Miss Shana Selby.

“So, it is time to consider that young woman. While it is true that she is young, it is also true that she is a woman, with all that suggests emotionally and biologically.

“Now” — Davic turned from the jurors and regarded Shana thoughtfully — “we don’t intend to deny for an instant that this young woman was physically mistreated. Whether she was a voluntary or involuntary participant in that mistreatment is totally irrelevant to our defense . We will stipulate Miss Selby’s physical injuries. Stipulate, as all of you probably know, is a legalism that means ‘admit and concede.’ So in this instance we admit and concede in advance the extent and severity of Miss Selby’s injuries, though I’m sure every bruise and welt on this young woman’s body will be dramatically described and demonstrated to you for maximum shock effect.

“Well, that’s the People’s privilege, if they really want to exercise it. But I ask you to remember, as you listen to testimony describing the physical abuse Miss Selby suffered, I want you to please keep in mind that we have never denied those injuries. We have no reason to. No reason whatsoever. Because our contention, which we will prove beyond any doubt, is that while Shana Selby was injured — and we regret that she was, needless to say — Earl Thomson was not the man who inflicted those injuries on her. It follows, therefore, that Miss Selby is mistaken, or that she is deliberately lying .”

Davic walked to the defense table. “If she is mistaken, it is our hope to convince her of her error in the course of this trial. If Miss Selby will admit she has made a mistake, I can assure her we will accept her word for that and extend our forgiveness and even our understanding. But if she is lying, and persists in those untruths, that is another matter. Because it will be obvious that she is lying for personal reasons or out of deep psychopathic compulsions — or because she is being forced to lie by someone who has an ulterior motive to destroy Earl Thomson’s character and reputation by these malicious accusations...

“Therefore — to protect Earl Thomson from the possibility of such a conspiracy — I will ask the court’s permission in these hearings to broaden the areas that normally define the parameters of permissible inquiry.” Davic placed a hand on Earl’s shoulder, “When I have completed my defense, I honestly believe you will find it not only your duty to clear this young man’s name and character — but also your privilege to do so. Thank you very much for your attention.”

After rapping his gavel to silence a murmur in the courtroom, Judge Flood settled back in his chair and glanced at the jurors.

“Mr. Davic was correct in advising you that opening statements do not constitute evidence . In such statements the attorneys have the opportunity to tell you in narrative form the basis of the case they will present. Such expositions — and they will occur again at the close of the case — are only promises of forthcoming evidence and exhortations for you to believe that evidence.”

After a glance at his writing pad, Judge Flood said, “I would like now to amend a statement I made during the process of jury selection. In the voir dire process I examined several of you as to what you might have heard or read about this case. I told you we would all be greatly surprised by a prospective juror who claimed he knew nothing of this case — such an admission would suggest that said juror never looked at a newspaper or television, never made small talk at work or on lunch breaks. We were not looking for jurors who are blind and deaf to the world around them, but for men and women who might preserve a reasonable impartiality despite pretrial publicity.”

After pausing, the judge continued with a smile. “I don’t think justice and a little humor are mutually exclusive. When I advised you that a stupid, careless jury, a negligent one, even, might be considered a defendants’s best ally, I was, of course, indulging in exaggeration. But the Appellate Division might consider those comments unwise... those high justices are notoriously solemn. What I meant was this: in criminal cases, conviction is based on proof of guilt beyond any reasonable doubt. This is to guarantee — as far as is humanly possible — that any mistakes made by the jury will not harm the defendant but will, in fact — as is appropriate and fair — benefit him. I want to be certain that what I said was not misconstrued, I want it understood that it had as its intent to make the serious point I have just described.”

Judge Flood then nodded to his bailiff, who stood and called for the People Sergeant Remus Ritter of the Muhlenburg sheriff’s station.

Dorcas Brett’s first series of witnesses, including Ritter, developed the chronological, factual foundation of the People’s case against Earl Thomson. Sergeant Ritter was followed to the stand by Harry Selby, who recounted — in answer to Brett’s questions — the action he had taken on learning that his daughter had been kidnapped, and his subsequent attempts to find where she had been taken that night. Trooper Milt Karee then gave his account of the sheriff’s investigation, the times of the various procedures and so forth. Counselor Davic waived cross-examination but reserved his rights to question both witnesses later.

The People then called, in order, Nurse Edith Redden and Dr. Merwin Kerr.

The restless sounds in the courtroom died away as the nurse responded to Brett’s questions. “I removed her clothes, yes. They were bloody and her shoes were wet and dirty with mud. I didn’t handle them any more than necessary because I knew the pathology lab would be going over them for evidence.

“Miss Selby had tried to clean herself up before I got there, yes. She had splashed some water on her face. But it was so beaten and swollen, it was almost black in places... and her right hand, it had a deep cut in it. She was crying so hard, I couldn’t talk to her. She was bleeding from between her legs, but I knew Dr. Kerr was on the way, so I just got her into a clean nightgown and into bed. And I cleaned the wound in her hand and put a dressing on it.

“—no, she didn’t say anything about who had done this to her. I made her as comfortable as I could and then Dr. Kerr asked her about what had happened and she told us about the car hitting her and the man... the alleged rapist. I gave all that information to Milt, to Trooper Karec.”

Dr. Merwin Kerr’s testimony was clinical and impersonal, his delivery restrained as he spoke of Shana’s loosened teeth, the “penile assault” that had ruptured her hymen and the membranes of her vaginal orifice, the blows that contused her cheekbones, the rope burns on her wrists and ankles, the presence of semen in her anal aperture. The cold, detached tones only emphasized the horrors.

Davic listened thoughtfully but again deferred cross-examination. But when Dr. Kerr was excused, he called Trooper Milt Karec.

“Trooper Karec, there are a few points you might clarify for us. Specifically, a clearer understanding of the time certain things happened. The Selby girl was first reported missing around six or six-thirty on that October afternoon. Correct?”

“Yes, sir.”

“Her bicycle was discovered on Fairlee Road about two hours later. Is that right?”