Chapter 49 – In Closing

"Actually, Your Honor, I need to apply for a continuance," Aro says as the last juror sits.

"You've rested your defense. You can't call any more witnesses; you can't produce any evidence. Why would you possibly need a continuance?"

"I have an urgent matter that is in need of attendance."

"Your first priority is this trial, Mr. Anastas. Your request for application is denied."

"There is a probability that there will be evidence forthcoming if the case is continued."

"That ship has sailed. Denied."

"Your Honor, may I approach?"

Judge Verine motions for Aro to come forward. Aro walks to the bench and speaks in hushed tones to Judge Verine. The judge's face visibly darkens. He motions for Eleazar to approach. They speak in whispers. Eleazar shakes his head vehemently and starts counting off points on his fingers.

"He don't look too happy," Jasper says.

I smirk as I watch Aro start to plead with the judge. "I think it has something to do with Connor's absence in the courtroom. He probably called Aro or one of Aro's associates to come get him."

Aro's head drops and Eleazar turns to me and smiles. There will be no continuance. Eleazar returns to the prosecution desk and sits. Aro walks to the defense table and leans over to say something to James.

"No!" James says loudly.

Aro motions for him to be quiet.

"Then I'm sick. I want to see the doctor again," James says again loudly.

"Mr. Cavanaugh," Judge Verine says suddenly, "I am not going to continue this trial. We are at the end and I know that the jury would like finish this, as would the prosecution. These machinations are costing the government money. There are no grounds for a continuance. I will grant Mr. Anastas a recess until after lunch. If you would keep your mouth closed long enough, then I suspect that he would have explained that to you."

"Thank you, Your Honor," Aro says and then turns back to James.

"Harry, please escort the jury back to the Jury Room and have Sarah order something good for lunch. We'll reconvene at one o'clock. Please have your 'urgent matter' resolved by that time, Mr. Anastas... or at least have someone else handle it for you."

Judge Verine stands and exits the courtroom, obviously not happy about whatever Aro said. Eleazar turns as he's packing files into his briefcase and smiles at us.

"What do ya thinks goin' on?" Jasper asks.

"I think that Aro either got a call from Connor or a message from his office about Connor and now he's got to try to get the bastard out of jail," Emmett answers just as Rosalie joins us.

"Aro has to go to the city jail. Apparently, they have a very angry and unruly inmate who is demanding that his attorney get him out. I can almost hear him ranting and raving," Rosalie says with an evil twinkle in her eye. "Eleazar is having his assistant order in a lunch so that we can finalize our closing statements. You guys are welcome to join us... if you think that Bella will be okay hearing Eleazar practice."

"I can ask her," I say as I get up and walk out into the hallway. "Bella, love, Eleazar is ordering food in so that the team can practice one last time before this afternoon. Do you want to go up and eat with them?"

"Whoa. You need to back up. Are you testifying or not. What happened in there?" Bella asks.

"I'm sorry, I forgot that you weren't in there. No, I'm not testifying."

"Why are you guys finished so quickly? What's going on?"

Emmett lets out a laugh and says, "I think that Aro has a situation at the city jail to deal with that he feels takes precedent over closing arguments."

"Connor," Bella says with a smile.

I nod and take her arm to lead her to the elevators.

Eleazar practiced for over an hour. Emmett and I helped him to tweak it some. It had to be perfect. Midway through it, Bella got up and excused herself. She and Alice walked out into the hallway. I think that it just got to be too much for her to hear again.

Before we know it, it's one o'clock and time to go back to the courtroom. This time we all go in. Emmett, Jasper and Alice sit on the back row. My mother, Charlie, Bella and I sit right in front of them. I look over to see that Connor isn't one of the spectators. Must still be in jail. This makes me smile to myself. Victoria and Irina are sitting behind James.

I take Bella's hand and ask, "Are you sure that you want to be here for this? You couldn't stay for the practice. We can wait outside."

"No, I can do it. I just needed some air before," she says as she squeezes my hand. She smiles and says, "I'll be fine."

I suddenly feel a hand on my shoulder. As I turn, I see Carlisle and Esme are here too. They slide in beside Emmett. A shadow falls across my lap causing me to turn to look. It's Maggie and Liam.

I look at her, confused. Maggie leans down and whispers, "Rosalie called me last night. I want to hear the verdict." I nod and stand slightly to let her slide in to sit on the other side of my mother.

Eleazar, Rosalie, and the rest of the prosecution team are already seated. Aro and his associates suddenly burst through the courtroom doors. Aro goes directly to the prosecution table, puts his hands on the desk and leans over to Eleazar. Whatever he says causes Eleazar to break out in raucous laughter. I hear Rosalie tell him 'no' as she shakes her head. Aro points to the back of the room at Bella and Maggie and then pounds his fist on the desk. Eleazar stands and motions for Aro to follow him out of the room. They go through a door to the left of the bench. There are small conference rooms back there that are reserved for last minute plea bargains.

I get up and walk over to the rail behind the prosecution table. I lean over and ask Rosalie, "What's up with Aro?"

"He actually had the gall to ask for a plea bargain... now. He's lost his mind," she says.

"No, he's lost the case and he has to deal with the Connor issue. He's grasping at straws. Is Eleazar going for it?"

"God, no," Rosalie says, looking at me like I've gone insane. "We're at closing arguments and we know we've won. There's no way he's going to plea bargain now."

Aro comes through the door and stomps across the room to the defense table. He's quite obviously angry. Eleazar comes out with a smirk on his face. He sees me and smiles. I nod and return to Bella.

"What was that all about?" she asks.

"Aro wants to plead it out now. Eleazar said no."

"Good," she says with a nod.

Judge Verine enters and we all rise. He motions for us to be seated as he says, "Are we ready for closing arguments?"

"Yes," Eleazar says, standing, "the prosecution is ready."

"Your Honor?" Aro begins.

"No," Judge Verine says, not looking up from the bench.

"You don't even know what I'm going to ask," Aro says with obvious shock.

"I don't care," Judge Verine says, looking up. "You cannot have a continuance; you cannot have another recess; you cannot be excused. There will be no mistrial. We are finishing this today and sending it to the jury. So, no matter what you ask, the answer is no."

"I have a Motion for a Judgment of Acquittal," Aro says as he stands and holds out the document for the judge.

Judge Verine cocks his head to one side as Harry steps forward to take the motion from Aro. Harry places it on the bench and takes a step back. Judge Verine stares at the document for a moment and then pushes it to the side with one finger. "You're kidding, right?"

"No, Your Honor?"

"On what grounds?" Judge Verine asks.

"It's all there in the motion," Aro replies.

"Why don't you just tell me so that we can save a little time here, okay?"

"The prosecution has failed to present sufficient evidence to prove the guilt of my client on counts one, two, three, and four of the indictment," Aro says with a little too much confidence.

"Which counts are those?" Bella whispers to me.

"Maggie and Charlotte," I answer.

Judge Verine turns to look at Eleazar and then turns his attention back to Aro. "Denied."

"But, Your Honor..."

"No, no, no... no more machinations," Judge Verine says with obvious irritation. "There has been more than sufficient evidence on all counts. We are moving on with closing arguments. Bring in the jury."

"The defense would like it to be noted on the record that the motion was entered and denied and that we object to the denial."

Judge Verine waves his hand in the air and nods to the court reporter. Harry goes to the door and calls for the jury to enter. Aro collapses in his seat; his shoulders slumped in defeat. James turns to glare at him.

The jury is seated. Judge Verine turns to Eleazar and says, "Are you ready to proceed?"

Eleazar picks up a file folder and walks to the lectern. Most of a trial is theatrics. This is no more evident at any moment than during the closing arguments. This is the last chance for both sides to present their arguments and try to convince the jurors. Eleazar, Rosalie, and I have practiced this speech countless times.

Eleazar opens the file and takes out a picture. It's Maggie's high school graduation picture. He holds it up for the jury to see. "Maggie Stevens age twenty-one. She's pretty; she's smart. She graduated in the top ten of her high school class. She's in college. She wants to be a pharmacist. She has a father who adores her and a boyfriend who loves her and whom she loves. She could be the girl next door to anyone in this room. She has a bright and promising future, until..."

Eleazar takes another picture from the file. This one isn't as pleasant. It's almost disturbing. It's still Maggie, but she has a black eye and stitches on her face. The right side of her face is swollen and distorted. I hear a gasp from some of the jurors. "September 8, 2007 changed everything for Maggie. A simple 'girls' night out' was interrupted by a monster. He attacked her in a parking lot. He grabbed her from behind, placing his hand over her mouth so she couldn't scream, and dragged her into an alley. He pulled her behind a dumpster by her hair. He held her by the hair so that she couldn't turn to see his face. He told her he would kill her if she screamed."

I hear a soft sob to my left. I look over and see that Maggie is crying. Liam is holding her and gently rocking her. Bella has a hand on her knee.

Eleazar glances over at us and then continues. "He lifted her skirt and ripped off her pantyhose. She begged him to stop. He told her to shut-up or he would kill her. Can you even imagine how terrifying this could be for a twenty-one year old girl?

"He demanded that she remove her underwear for him. She was too afraid that he would kill her to not comply. He bent her over and mercilessly raped her behind a dumpster.

"When he was finished with her, he pushed her to the ground; he pushed her into a pile of broken glass. Then he kicked her in the side and left her there behind the dumpster like a piece of discarded trash.

"Maggie crawled across broken glass and rough, uneven pavement back to the parking lot seeking help. Her clothes were torn, dirty, and covered in blood. Her face, her hands, and her knees were bleeding. She screamed when she was touched.

"Her rape kit produced no semen, but it did produce one pubic hair; a pubic hair that belongs to Mr. James Cavanaugh, the defendant. He would like you to believe that he had consensual sex with Maggie, but I ask you... have you ever had consensual intercourse with someone and ended up looking like this?" He holds up the picture again of Maggie, broken and swollen.

A few of the women jurors dab at their eyes. Eleazar holds the picture up for almost a full minute before he places it back in the file. I look over to see Maggie curled into Liam. Bella has moved to drape an arm across Maggie's shoulders. Both women are crying.

Eleazar takes another picture from the file. "Charlotte Sanders age thirty-four. Charlotte is also beautiful and smart. She's a strong woman who has had struggles in her life; struggles that she has overcome. She is a recovering alcoholic. Charlotte has been sober for five years. She was not drunk on the night that she was attacked. She was actually having dinner with her AA sponsor.

She walked out of the restaurant to retrieve a jacket from her car; another parking lot and another opportunity for this monster to attack again. He wrapped his hand around her throat, choking her, and dragged her, by her throat, behind the restaurant. He demanded that she drop her pants and underwear. When she refused he whispered that..." Eleazar glances briefly at his notes. "He would 'have no problem killing' her. He would have no problem killing her.

"He repeated his M.O. by holding her by her hair so that she couldn't turn to see him. He bent her over at the waist and brutally raped her. When he finished, he thanked her. Can you imagine that? He raped her and then he thanked her for it."

Eleazar takes out another picture of Charlotte. This one was taken at the hospital after the rape. She has a bandage on her head and her make-up is streaked and running down her face from crying. "He pushed her to the ground and walked past her as if nothing had happened. He left another woman in an alley like a piece of trash. Charlotte stayed on the ground pretending to be unconscious, waiting for him to leave and then this remarkably strong woman picked herself up from the ground and stumbled back to the front of the restaurant.

"The hospital report states that there was adequate trauma to the genital area to indicate rape. They also found seminal discharge... seminal discharge that was identified as belonging to the defendant.

"She may not have seen his face, but she did see a man of the same height and build as the defendant and with blond hair just like the defendant walking away from her as she laid there on the ground. His DNA was in her body." Eleazar points to James with the hand that isn't holding the picture of Charlotte. "James Cavanaugh raped Charlotte Sanders on the night of June 14, 2007 in an alley behind a restaurant."

Eleazar places the photo of Charlotte back in the file. He looks up at us again. I know that Bella is next. I place my arm around her shoulders and pull her to me. I hear her teeth grind together. She's getting herself ready for this.

I nod to Eleazar. He turns back to the jury. He pulls a picture from the file. It's the picture of Bella that was used for her column when she worked at the

Peninsula Daily News. Eleazar looks at the picture for a moment before her holds it up for the jury.

"Bella Swan age thirty-two; another very beautiful, very intelligent woman; a woman with the world at her feet. She had a dream job; one in which she had been recognized with a Sidney award. She was engaged. She was happy.

"She was celebrating her award with friends on January 3, 2007... friends that loved her so much, they had rented the establishment for the night and had the event catered." Eleazar turns the picture so that he can look at it. He smiles and shakes his head. "She was so happy."

He places the picture back in the file before he continues. "A series of innocuous mistakes changed everything for Bella that night. She talked to the wrong person; she went through the wrong door." Eleazar removes another picture from the file. It's Bella right after the attack. It shows the stitches in her side from the stab wound. He takes out another photo showing the stitches on her back and upper buttocks. I hear one of the jurors gasp.

"Bella's attacker grabbed her from behind and forced her out of a door into a back alley. He called Bella a 'pretty, little thing' and a 'whore' as he put a knife to her throat. He grabbed a handful of her hair and forced her to bend at the waist. He cut open her pants," Eleazar says as he holds up the picture of the cut on Bella's back.

"He raped this beautiful, intelligent, successful woman. With every thrust she was bombarded with the putrid smell of his breath... all cigarettes and whiskey. The more she begged the harder he thrust.

"When he finished, he stabbed her in the side," he holds up the other picture, "and threw her to the ground to die."

Through the entire speech, Bella has had a death grip on my hand. I've been afraid to look at her. I know that she must be crying. I finally turn to look at her and am surprised to see that she isn't crying. She's breathing heavily and staring at the back of James' head with a look of utter hatred on her face.

"Bella?" I whisper. "Bella... are you alright?"

"I hate him." she says through gritting teeth. "God, how I hate him."

"For three weeks," Eleazar continues, "Bella has to stay in the hospital, recovering from her wounds. But the biggest wound wasn't one that the doctors could stitch up. It wasn't a wound that would heal... leaving just a scar. This wound was so deep that it would stay gaping open and bleeding for the rest of Bella's life. It's a wound that she may never heal from completely.

"On top of almost dying in an alley, Bella was dealt yet another injustice when the people that were supposed to help her betrayed her. Knowing that her cousin, James Cavanaugh, was guilty, Tanya Denali, a former Port Angeles District Attorney, covered up the crime."

Eleazar takes out the before pictures of all the victims. He holds them up for the jury to see as he takes a step closer to them. "Maggie, Charlotte, and Bella... what do they all have in common? They are all beautiful women. They are all smart women. They were all at the wrong place at the wrong time. They all were attacked in alleys behind restaurants and bars. They were all raped by James Cavanaugh." Eleazar lays the pictures on the bench in front of the jury before he returns to the prosecution table.

Aro walks to the juror's box and picks up the pictures. He stacks them and then walks to the prosecution table. He places the pictures on the table and smiles at Eleazar before he turns back to the jury. He takes four long strides and is back in front of the jury.

"James Cavanaugh is not a rapist. Just look at him. A good-looking wealthy man has no reason to rape anyone. We don't dispute that he had sexual relations with these women. He's a virile young man. We do contend that the sex was consensual.

"Take Margaret Stevens for example. She was bar hopping on September eighth when she met my client. They talked and hit it off. Yes, they had sex, but it was not rape. Miss Stevens wanted the contact as much as my client wanted it. My client... my rich and handsome client... went out to his car with Miss Stevens and they had sex, then later in the evening Miss Stevens was attacked. Maybe it was a mugging. Whatever happened to her, Miss Stevens felt compelled to cry rape.

"I can't begin to understand her motivations for lying. All I can do is speculate that maybe she was afraid of losing her boyfriend. Maybe she was afraid of what her devoutly Catholic father would think of her. I really don't know, but that doesn't change the fact the Miss Stevens was not raped by my client. The fact that there was no semen present in her rape kit is evidence of that. The one thing that they did find was the presence of a spermicide used on condoms.

I ask you... do you honestly believe that a rapist would take the time to put on a condom? It makes no sense."

I glance over to see Maggie glaring at Aro. Bella leans over and whispers to her, "It doesn't matter what he says. We know the truth; your father and Liam know the truth. Hold onto that."

Maggie nods and looks over at Liam. He smiles and nods at her encouragingly.

"My client did not rape Charlotte Sanders," Aro begins. I have to wonder how he's going to spin this one. He doesn't really have a great argument for Charlotte's attack. "He did have sex with her... earlier in the evening... before her Alcoholics Anonymous meeting.

"Again, I can't speculate as to the events that transpired behind that restaurant. All I can say is that there is no way that James Cavanaugh raped Charlotte Sanders. It just never happened," he says with a final nod.

Aro pauses and looks down at his notes. Then he looks up and makes eye contact with me. The expression on his face is blank. I narrow my eyes and glare at him, wondering what he has up his sleeve. Aro looks back to the jury and smiles before he continues.

"Isabella Swan," he begins, "the reason that we are all here; the catalyst to this little circus. Isabella Swan, who claims to have been raped behind a bar. Isabella Swan, who is now engaged to the man who previously represented my client. She has so many reasons to lie to us.

"The truth of the matter is that James Cavanaugh and Isabella Swan were having an illicit relationship. Miss Swan was sleeping with my client, thus cuckolding her former fiancé. She didn't want him to know that she was being unfaithful. She stepped out into the alley behind the bar and was attacked. When she awoke in the hospital and was questioned about her 'rape,' she had to say something to try to hide her infidelity. She lied.

"She's lying still. She wants her new fiancé... her very wealthy new fiancé... to think that she's a 'nice girl' who would never, ever be unfaithful. She desperately wants to hold onto her new meal ticket.

"Her fiancé has reason to perpetuate her lie. He's my client's former attorney. He won Mr. Cavanaugh an acquittal. The alleged victim in that case killed herself. Mr. Masen blames himself for her death. He thinks getting my client convicted of another rape will absolve him. That's why he's so intent on proving Miss Swan's lie as the truth. It's not the truth. Isabella Swan was never raped... by my client or by anyone else."

I look over at Bella. She's biting down on her bottom lip, but she isn't crying. If anything she looks worried. I lean over and ask, "What's wrong?"

She shakes her head, so I nudge her and nod. She sighs quietly before she whispers, "What if one of the jurors believes him? What if we lose?"

"We won't lose. Get that out of you mind," I tell her as I squeeze her hand.

"You see, folks," Aro continues, "this is all just a case of a lover scorned. These women were conquests of my client. Is it right? No, he's behavior in regard to these women was not morally right. Was it criminal? No, it was not. James Cavanaugh is a victim himself; a victim of an unhappy childhood. He deeply loved his mother and has never fully recovered from her passing. He grieves for her still. His father, although a brilliant businessman, is lacking in the father department. James was neglected as a child to be raised by 'the help.' He never learned how to have a healthy, loving relationship with a woman.

"We all heard from his family about how devastated James Cavanaugh was by the death of his mother. His former fiancé told us of his inability to be faithful to her. All markers of a man with trust and relationship issues... not a rapist.

"The truth of the matter... and that is why we're all here... the truth... is that James Cavanaugh is not guilty of rape. He is guilty of treating these poor, misguided women less than honorably. He is guilty of having multiple sexual partners... some 'available' and some... not so much. The things that he is guilty of are not prosecutable offenses. He's not a rapist. You can't convict him of a crime, because he didn't commit one. Thank you."

As Aro turns to take his seat beside James, he glances briefly in our direction. I'm surprised by the emotion I see in his eyes. He looks remorseful. I'm completely taken aback by the expression on his face. Maybe I'm mistaken. He made such brief eye contact with me. I shake my head and refocus on Eleazar as he steps back to the lectern.

"Mr. Anastas tells a compelling story, but that's all it is... a story. He has presented absolutely zero evidence of a relationship between James Cavanaugh and any of these victims.

"Since we're here for the 'truth' let's review the truth. Maggie Stevens was found bleeding in a parking lot. She had been sexually assaulted. Does this sound like a consensual sexual relationship to any of you? Charlotte Sanders walked in from a dark parking lot, bleeding from a head wound. She too had been sexually assaulted. Again, does this sound like a consensual sexual relationship to any of you? Bella Swan was found in an alley bleeding from a stab wound to her side and from a five inch gash on her lower back. She had been raped. Do any of you honestly believe that she was having a 'relationship' with James Cavanaugh?

"Let's look at some more facts. A pubic hair, belonging to James Cavanaugh, was found on the genital area of Maggie Stevens when a rape kit was performed at the hospital. Mr. Anastas wants you to believe that Miss Stevens had consensual sex with his client. We have presented evidence and testimony that proves that the only time that Miss Stevens was not with her friends was immediately prior to her going to her friend's car to retrieve more money. The only time that any sexual contact with anyone could have occurred was when she went outside of the club... presumably alone. Mr. Anastas failed to present any evidence or testimony to explain how that pubic hair got on Miss Stevens that night. Unless, of course, she was raped by James Cavanaugh.

"Charlotte Sanders was at work and then went immediately to an Alcoholics Anonymous meeting where she met up with her sponsor. She left that meeting with her sponsor and drove directly to an Italian restaurant. She left the restaurant to retrieve a jacket from her car and was attacked. Her rape kit produced seminal discharge from James Cavanaugh. Her genital area had sustained trauma indicative of rape. Mr. Anastas failed to present any evidence or testimony to explain how James Cavanaugh's semen was found in Miss Sanders... unless, of course, he raped her.

"Bella Swan was in the company of her friends and co-workers until she went to find the restroom... alone. She asked the wrong person for directions. She went through the wrong door. Bella was raped in a back alley and was left there to die. Who raped her and left her to die? The truth is that James Cavanaugh was at the bar that night. The truth is that his DNA was found in Miss Swan's rape kit. The truth is that his cousin tried to cover up his involvement by destroying evidence. The truth is that James Cavanaugh raped Bella Swan.

"I can't begin to understand Mr. Cavanaugh's motives for committing these horrible atrocities. Maybe he did have a bad childhood, but so have many people; they don't become rapists. There really is no excuse for what James Cavanaugh has done to these women.

"I ask that each of you look at the evidence presented and draw the right conclusion. The defense has failed to prove that James Cavanaugh did not commit these crimes. I ask that you let the evidence and testimony presented be your guide. Thank you."

Eleazar turns to walk back to the prosecution table. He looks down at Aro as he walks past the defense table and stops. A look of confusion crosses his face before he blinks once and continues to the prosecution table.

Liam leans over and whispers, "What was that all about?"

"I don't know," I mutter. Did Eleazar see that same look of remorse that I saw?

"Members of the jury," Judge Verine begins, "you have seen and heard all the evidence and the arguments of the attorneys. Now I will instruct you on the law.

"You have two duties as a jury. Your first duty is to decide the facts from the evidence in the case. This is your job, and yours alone.

"Your second duty is to apply the law that I give you to the facts. You must follow these instructions, even if you disagree with them. Each of the instructions is important, and you must follow all of them.

"Perform these duties fairly and impartially. Do not allow sympathy, prejudice, fear, or public opinion to influence you.

"Nothing I say now, and nothing I said or did during the trial, is meant to indicate any opinion on my part about what the facts are or about what your verdict should be."

Judge Verine flips a page in the file and continues, "The evidence consists of the testimony of the witnesses, the exhibits admitted in evidence, and stipulations. A stipulation is an agreement between both sides that certain facts are true. I have taken judicial notice of certain facts that may be regarded as matters of common knowledge. You may accept those facts as proved, but you are not required to do so.

"You are to decide whether the testimony of each of the witnesses is truthful and accurate, in part, in whole, or not at all, as well as what weight, if any, you give to the testimony of each witness.

"In evaluating the testimony of any witness, you may consider, among other things the witness's intelligence, the ability and opportunity the witness had to see, hear, or know the things that the witness testified about, the witness's memory, any interest, bias, or prejudice the witness may have, the manner of the witness while testifying, and the reasonableness of the witness's testimony in light of all the evidence in the case.

"You should use common sense in weighing the evidence and consider the evidence in light of your own observations in life. In our lives, we often look at one fact and conclude from it that another fact exists. In law we call this 'inference.' A jury is allowed to make reasonable inferences. Any inferences you make must be reasonable and must be based on the evidence in the case.

"Some of you have heard the phrases 'circumstantial evidence' and 'direct evidence.' Direct evidence is the testimony of someone who claims to have personal knowledge of the commission of the crime which has been charged, such as an eyewitness. Circumstantial evidence is the proof of a series of facts which tend to show whether the defendant is guilty or not guilty. The law makes no distinction between the weight to be given either direct or circumstantial evidence. You should decide how much weight to give to any evidence. All the evidence in the case, including the circumstantial evidence, should be considered by you in reaching your verdict.

"Certain things are not evidence. I will list them for you. First, testimony and exhibits that I struck from the record, or that I told you to disregard, are not evidence and must not be considered. Second, anything that you may have seen or heard outside the courtroom is not evidence and must be entirely disregarded. This includes any press, radio, or television reports you may have seen or heard. Such reports are not evidence and your verdict must not be influenced in any way by such publicity. Third, questions and objections by the lawyers are not evidence. Attorneys have a duty to object when they believe a question is improper. You should not be influenced by any objection or by my ruling on it.

Fourth, the lawyers' statements to you are not evidence. The purpose of these statements is to discuss the issues and the evidence. If the evidence as you remember it differs from what the lawyers said, your memory is what counts.

"You may find the testimony of one witness or a few witnesses more persuasive than the testimony of a larger number. You need not accept the testimony of the larger number of witnesses."

Judge Verine flips another page. He clears his throat before he says, "The indictment [information] in this case is the formal method of accusing the defendant of an offense and placing the defendant on trial. It is not evidence against the defendant and does not create any inference of guilt.

"The defendant is charged with three counts of rape in the first degree, three counts of sexual assault and one count of attempted murder . The defendant has pleaded not guilty to these charges.

"The defendant is presumed to be innocent of each of the charges. This presumption continues during every stage of the trial and your deliberations on the verdict. It is not overcome unless from all the evidence in the case you are convinced beyond a reasonable doubt that the defendant is guilty as charged. The government has the burden of proving the guilt of the defendant beyond a reasonable doubt. This burden of proof stays with the government throughout the case. The defendant is never required to prove his innocence or to produce any evidence at all.

"The defendant has an absolute right not to testify. The fact that the defendant did not testify should not be considered by you in any way in arriving at your verdict.

"You have heard opinion evidence about the defendant's character. You should consider character evidence together with and in the same way as all the other evidence in the case.

"You have heard testimony of an identification of a person. Identification testimony is an expression of belief or impression by the witness. You should consider whether, or to what extent, the witness had the ability and the opportunity to observe the person at the time of the offense and to make a reliable identification later. You should also consider the circumstances under which the witness later made the identification. The government has the burden of proving beyond a reasonable doubt that the defendant was the person who committed the crime charged.

"Each count of the indictment alleges that the defendant committed certain specific acts. For any count on which the government seeks conviction, the government need not prove that each and every specific alleged act was committed by the defendant. However, the government must prove that the defendant committed at least one of the specific acts which are alleged in that count. In order to find that the government has proved the defendant committed a specific act, the jury must unanimously agree on which specific act that defendant committed.

"For example, if some of you find defendant guilty of sexual assault and the rest of you find defendant guilty of rape, then there is no unanimous agreement on which act has been proved. On the other hand, if all jurors find defendant guilty of rape, then there is unanimous agreement.

"The indictment charges that the offense was committed 'on or about' certain dates. The government must prove that the offense happened reasonably close to that date but is not required to prove that the alleged offense happened on that exact date."

Judge Verine squares the pages on his bench and looks up at the jurors before he says, "The verdict must represent the considered judgment of each juror. Your verdict, whether it be guilty or not guilty, must be unanimous.

"You should make every reasonable effort to reach a verdict. In doing so, you should consult with one another, express your own views, and listen to the opinions of your fellow jurors. Discuss your differences with an open mind. Do not hesitate to re-examine your own views and change your opinion if you come to believe it is wrong. But you should not surrender your honest beliefs about the weight or effect of evidence solely because of the opinions of your fellow jurors or for the purpose of returning a unanimous verdict.

"The twelve of you should give fair and equal consideration to all the evidence and deliberate with the goal of reaching an agreement which is consistent with the individual judgment of each juror.

"You are impartial judges of the facts. Your sole interest is to determine whether the government has proved its case beyond a reasonable doubt.

"The Court thanks you for your service." With that he nods to the bailiff and the jurors are escorted to the jury room to deliberate. We all stand as Judge Verine exits the courtroom.

The bailiff returns and takes James back to a holding cell. Aro practically runs past us as he leaves the courtroom. His head is down and he doesn't make eye contact with me before he bursts out the door.

"Wow," Jasper says as he walks around to stand in front of Bella and me. "I wasn't really expectin' all that at the end. Kinda scary thinkin' that it only takes one dumbass to screw up the whole thing."

I laugh at Jasper's way of phrasing his concern. "I guess," I say. "I never really thought of the one juror who didn't agree with the other eleven as a dumbass, but... okay."

"It's fitting," Emmett says as he joins us.

"What now?" Jasper asks.

"We wait," I reply.