For the People Chapter 32
Smoothing the jacket of her cleverly cut suit, Kate takes her place in front of the 12 men and women who will decide Duffy's fate. "Members of the jury, this country was founded on freedom. We can believe as we wish and worship as we wish. We can assemble and demonstrate to express our heartfelt beliefs. But all that is based on the precept that our expression of those beliefs will not interfere with others' rights to do the same. And none of our rights include committing violence against those with opposing beliefs. However, the violence committed by Mr. Duffy had nothing to do with expressing his belief in anything except increasing his bank account.
"Mr. Duffy committed an arson murder. It was well thought out and meticulously planned to end the life of Dr. Fiona Morgan, a woman who had devoted herself to providing vital care to other women, regardless of their means. And make no mistake. If Mr. Duffy holds any religious convictions, they have nothing to do with burning down The Women's Health Clinic or murdering Fiona Morgan.
"As a detective in the NYPD, I investigated well over 100 murders. And I came to know that those crimes resulted from at least one of three motives, love, money, or to cover up another crime. Now the defense would like you to believe that the first motive was in play, that Mr. Duffy killed out of love for the unborn and love of God. However, the evidence tells a different story. Mr. Duffy was driven not by that first motive, but by the other two. Mr. Duffy was profiting from the theft of medical supplies meant for the Women's Health Clinic and other healthcare providers. When he came to realize that Fiona Morgan was on to him, he killed her.
"Mr. Duffy chose arson as a means to kill Dr. Morgan. You have heard that he both ordered an unusual accelerant and received payments of $50,000 at times closely corresponding to two different fires. Neither of those fires was in any way connected to religion of any sort, except perhaps the worship of money.
"However, the protests at the Women's Clinic gave Mr. Duffy the opportunity to don a righteous mantle. He made appearances presenting himself as a man of conscience. He stayed just long enough to jump around and make sure he was noticed playing the role of a hyperreligious zealot. It was a brilliant move.
"When Linwood Pernell Duffy went to the police and gave the confession you heard and saw on video, he'd already set up his defense. He played a man in the grip of a psychotic disorder causing hyperreligiousness. Mr. Duffy executed his part extremely well. He convinced many people that he couldn't be held responsible for Dr. Morgan's death because, in his hyperreligious condition, he couldn't understand he'd done anything wrong. That lack of understanding would make him legally insane. He even managed to fool Dr. Skinner – until she found out about the other fires. That information caused her to rethink her conclusions. She told you that she might not have reached her diagnosis had she known.
"Now the defense wants to exploit the uncertainty of her testimony. Mr. Kudrow will emphasize Dr. Skinner's initial conclusion. He'll suggest that she might have reached it even if she'd been aware of Mr. Duffy's implication in other arsons. He will tell you that doubt should be enough to declare Mr. Duffy not guilty. But what Mr. Kudrow would like you to believe, is not the law. While in most homicide trials, the People must prove beyond a reasonable doubt that the defendant committed the act, in the case of an insanity defense that is not the question for the jury. The commission is already accepted by the court. The defense must prove that the defendant was not guilty by reason of mental illness or defect at the time the crime took place.
"Before you begin deliberations, Judge Willis will instruct you as to the issues involved in that defense. That, not anything I or Mr. Kudrow say, will serve as your legal guidance in reaching a verdict. But what you must keep in mind is that Dr. Skinner is now unsure. You've heard the evidence of Mr. Duffy's actions predating the death of Fiona Morgan. He set fires for money. He profited from the sale of stolen medical supplies. Dr. Fiona Morgan uncovered those thefts. She could have put Mr. Duffy in prison. Mr. Duffy killed her to keep the money flowing and to cover up another crime. He understood exactly what he was doing and why, and it had nothing to do with God."
As Kate drops her briefcase on a chair by the loft's door, Rick gathers her into his arms. "I read a transcript of your closing. It was outstanding."
Kate sighs. "Did you read Kudrow's?"
"I started to, but I didn't have a barf bag handy. How could he still believe that Duffy was on a holy mission? So much evidence points to the contrary."
Kate eases herself from Rick's arms to get out of her coat. "Kudrow doesn't have to believe it. He just had to make the jury believe it. And he was good. He reminded me of a production I saw of 'Inherit the Wind.'"
"The Clarence Darrow character or the William Jennings Bryan character?"
"A little of both, but more Bryan, with the booming voice and preacher-like cadence."
Air whooshes out of Rick's mouth. "A blowhard."
"Bryan actually won the Scopes Trial. It was just overturned on a technicality," Kate recalls. "And the ACLU staged the whole thing as a test case. Scopes even coached his students to testify against him."
Rick shakes his head in disgust. "Don't ruin the play for me. The poor benighted science teacher is so much more dramatic. But I get your point. Do you think Kudrow's going to win? You did get the final word to remind the jury of the actual evidence."
"Yes, and Judge Willis' instructions to the jury were very clear about what constitutes legal insanity and the necessity of the defense to prove it. Still, I could see at least two members of the jury were entranced by Kudrow. To get a unanimous guilty verdict, the other members will have to snap them out of it. That could take some time."
Rick quirks an eyebrow. "How much time?"
"You never can tell with juries, Babe. You know that."
"Do you have other cases to work on until they come back?"
"Just a bunch of plea bargains, non-violent crimes, nothing earthshaking. Why?"
"I thought we might fit in some parental shopping. I have Alexis' old crib in storage, but the safety standards changed in 2010. I looked it up. So we should get a new one. And after my divorce from Gina, I gave away the baby bath and the changing table. I wasn't expecting to have any more kids, but I'm glad I was wrong."
"So why did you keep the crib?"
"The same reason your dad still has all your stuff in storage, I guess. Every time I thought about giving it away, I pictured sweet little eyes peering up at me from it and I couldn't bear to part with it."
"Wait, my dad has all my old stuff in storage?"
"Everything that belonged to you and your mother. Didn't you know that?"
"No, he never told me."
"I guess he told me as a father to father, husband to husband kind of thing. He said he'd lost so much when your mother died, he couldn't let go of anything else. I can understand it."
"Yeah, so can I."
The solid clap of Rick's hands rings through the great room. "Enough of the depressing stuff! Building a nest is one of the more fun things about having a kid. We should figure out what we want. I've bookmarked a bunch of websites with great suggestions."
Kate can't resist the upward tug on her lips. "I'm sure you have."