“He did it.”
“Okay, okay,” said Mr. Mount. “We’re going to have this same conversation during the lunch break, after you’ve heard the other side.”
The other side began with a bang. Clifford Nance waited until the courtroom was quiet before he walked to the jury box. He was about sixty with gray hair over his ears, a thick chest and arms, and a swagger that seemed to say that he’d never backed down from a fight, in court or out.
“Not a shred of evidence!” he boomed in a deep, husky voice that echoed off the walls.
“Not a shred of evidence!” he boomed again, as if someone could have missed it the first time. Theo caught himself flinching.
“Nothing! No witnesses. No crime-scene proof. Nothing but this clean, neat, tidy little story Mr. Hogan has just shared with you, not one word of which is evidence. Just his fanciful version of what maybe could have happened. Maybe Pete Duffy wanted to kill his wife. Maybe he carefully planned it all. Maybe he raced around an empty golf course. Maybe he arrived at his home just in time to pull off one of the cleanest killings in history. Then, maybe he stole some things, left the front door open, raced away back to the fifth tee, and resumed his game. Maybe that’s what happened.”
Mr. Nance was pacing now, slowly, before the jury, a perfect rhythm to his words.
“Mr. Hogan is asking you, ladies and gentlemen, to play the Maybe Game. Maybe this happened, maybe that happened. And he wants you to play along because he has no proof. He has nothing. Nothing but a man playing golf, alone, minding his own business, while his wife gets murdered in their lovely home less than a mile away.”
He stopped pacing and walked closer to the jurors. He picked out an elderly gentleman on the front row and seemed ready to pat him on the knee. He lowered his voice and said, “I don’t really blame Mr. Hogan for playing the Maybe Game. He really has no choice, and this is because he has no evidence. He has nothing but a vivid imagination.”
Mr. Nance shuffled to his right and made eye contact with a middle-aged housewife. “Our Constitution, our laws, our rules of procedure, they’re all built on the ideas of fairness. And guess what? There is absolutely no room for a bunch of ‘maybes.’ Our laws are clear. Judge Gantry will explain them later, and when he does, please listen carefully. You will not hear him utter the word maybe a single time. What you will hear is the very well-known and time-honored and old-fashioned American rule that says when the State accuses you of a crime, the State must walk in here with all of its resources—investigators, police, experts, prosecutors, crime-scene analysts, all of these smart and experienced people—and prove beyond a reasonable doubt that you did, in fact, commit the crime.”
Mr. Nance shuffled to his left and looked sincerely, and convincingly, at the six jurors on the second row. He spoke with no notes, his words smooth, almost effortless, as though he’d done this a thousand times but had lost none of his passion.
“Beyond a reasonable doubt. Beyond a reasonable doubt. The State has a heavy burden, one that it cannot possibly meet.”
&n
bsp; He paused while everyone took a breath. He walked to the defense table, picked up a yellow legal pad, but did not look at it. He was an actor on center stage, and he knew his lines by heart. He cleared his voice, then at full volume continued. “Now, the law says that Pete Duffy does not have to testify, does not have to call witnesses in his defense, does not have to prove anything. And why is this? Well, it’s very simple. He is protected by one of our most cherished safeguards. It’s called the presumption of innocence.” Mr. Nance turned and pointed at his client. “Pete Duffy sits here an innocent man, same as you, same as me.”
He began pacing again, slowly, his eyes never leaving the eyes of the jurors. “However, Pete Duffy will testify. He wants to testify. He can’t wait to testify. And when he takes that seat right here, on the witness stand, he will testify, under oath, and he will tell you the truth. The truth, ladies and gentlemen, is something far different from the little story Mr. Hogan just created. The truth, ladies and gentlemen, is that Pete Duffy was indeed playing golf that fateful day, and he was alone, his preferred way of playing. The records will reflect that he teed off at eleven ten, drove away from the first tee in his own golf cart, one that he keeps in his garage, as do most of his neighbors. He was on the course, alone, while his wife was at home getting ready to leave for a lunch in town. A thief, some unknown criminal who’s still at large and will probably remain so at the rate we’re going, entered the house quietly, and mistakenly thought no one was home. The alarm was off. The front door was unlocked, as was the back door. This was not, is still not, uncommon in this neighborhood. Unexpectedly, the thief encountered Myra Duffy, attacked her with his hands because he had no weapon, and at that point he became something else. He became a murderer.”
Mr. Nance paused and walked to the defense table, where he picked up a glass of water and took a long drink. Everyone watched him. There was nothing else to watch.
“And he’s still out there!” he said suddenly, practically yelling. “Or he could be here,” he said, waving his arms, taking in the entire courtroom. “Since we’re playing the Maybe Game, then maybe he’s here, watching this trial. Why not? He’s certainly safe from Mr. Hogan and his gang.”
Theo noticed that several of the jurors glanced toward the spectators.
Mr. Nance shifted gears and talked about the life insurance policy, and specifically the fact that Mr. Duffy had indeed purchased one that made him the recipient of a million dollars in the event his wife died. But, there had been an identical policy on his life naming Mrs. Duffy as the recipient. They had simply done what most married couples do. They had purchased dual policies. He promised to prove to the jury that Pete Duffy’s business affairs were not nearly as dire as Mr. Hogan claimed. He admitted that the Duffys had struggled with their marriage, and they had separated on more than one occasion, but they had never filed for divorce. In fact, they were determined to work through their differences.
Mr. Mount sat in the second row in the balcony, behind his students. He chose his spot carefully so he could see all sixteen, if necessary. So far they had been riveted by the opening statements. Not surprisingly, Theo was more engaged than the others. He was exactly where he wanted to be.
When Mr. Nance finished, Judge Gantry called for an early lunch recess.
Chapter 6
The Government class crossed Main Street and headed east, toward the river. Mr. Mount held back a step or two and listened with amusement as the boys argued back and forth, some of them using phrases and words they’d just heard from the real lawyers.
“This way,” he said, and the group hung a left onto a narrow side street. They filed into Pappy’s, a famous deli known for its pastrami subs and onion rings. It was ten minutes before noon and they had beaten the rush. They ordered quickly, then huddled around a long table near the front window.
“Who was the better lawyer?” Mr. Mount asked.
At least ten answered at once and there was an even split between Jack Hogan and Clifford Nance. Mr. Mount prodded them with questions like: “Which lawyer did you believe? Which would you trust? Which did the jury tend to follow?”
The food arrived and the conversation dropped dramatically.
“A show of hands,” Mr. Mount said. “And you must vote. No fence straddling. Raise your hand if you think Mr. Duffy is guilty.”
He counted ten hands. “Okay, not guilty.”
He counted five hands. “Theo, I said you must vote.”
“Sorry, but I can’t vote. I think he’s guilty, but I don’t see how the State can prove its case. All they can prove is motive, maybe.”
“The Maybe Game, huh?” Mr. Mount said. “I thought that was very effective.”
“I’m with Theo,” Aaron said. “He sure looks guilty, but the prosecutor can’t even place him at the scene of the crime. That’s a problem, right?”
“A large problem, I’d say,” Mr. Mount replied.
“What about the stolen jewelry and watches and guns?” Edward asked. “Did they find this stuff? It was never mentioned.”
“Don’t know, but then the opening statements are somewhat limited.”
“They seemed pretty long to me.”
“We’ll find out when the witnesses are called,” Theo added.
“Who’s the first witness?” Chase asked.
“I haven’t seen the witness list,” Mr. Mount said. “But they usually start with the crime scene. It’ll probably be one of the detectives.”
“Cool.”
“How late can we stay today, Mr. Mount?”
“We have to be back at school at three thirty.”
“How late will the trial go?”
“Judge Gantry likes to work,” Theo said. “At least until five.”
“Can we come back tomorrow, Mr. Mount?”
“Afraid not. It’s a one-day field trip. You do have other classes, you know. None as exciting as mine, but that’s just my opinion.”
The deli was suddenly packed and a line formed outside. Mr. Mount told his students to finish up. Pappy, the owner, was famous for barking at people who occupied tables long after they had finished eating.
They strolled along Main Street, which was busy now with people scurrying around on their lunch breaks. At a fountain, office workers ate and talked while soaking up the sun. Officer Peacock, the ancient traffic cop, directed traffic with his worn-out whistle and yellow gloves, and managed to prevent accidents, which was not always the case with Officer Peacock. Just ahead, a group of men in dark suits left a building and headed in the same direction as the students. Mr. Mount whispered loudly, “Look, men, it’s Mr. Duffy and his lawyers.”
The boys slowed for a second as the group of dark suits moved on in front of them. Pete Duffy, Clifford Nance, two other solemn-faced lawyers, and a fifth man Theo had not seen in the courtroom that morning, but one he knew well. His name was Omar Cheepe, and he was not a lawyer, though he was well known in legal circles. Mr. Cheepe was a former federal agent of some variety who now ran his own firm. He specialized in investigations and surveillance and other activities