Chapter 12
At 9 Am two policemen brought Kate into a cram full room. People had forced themselves tight together on the benches in the courtroom to utilize even the last inch of room. A whole bench had been reserved for the media. Jack, Sawyer, Sun, Jin, Locke, Hurley, Claire, Charlie, Sayid, Bernard and Rose had come to the courthouse by dawn to make sure they would get a place. None of them wanted to leave Kate alone on this important day. The square in front of the court building wasn't less crowded. Many of the spectators had cameras and nearly everyone had brought a Mobil phone to inform their friends immediately when the trial was over. None of these people seemed to care about the fact that it would last hours, if not days before the jury had come to a finding and the judge had decided the degree of penalty. Everybody just wanted to know the sentence for the famous Oceanic flight survivor as soon as possible.
At 9 o' clock sharp the judge entered the room. "Are the attorneys ready to give their final speeches?" He asked.
"The prosecution is ready, sir," McKenzie stated.
"The defense is prepared, too, sir," Turner told.
"Then please start, Mr. McKenzie."
"Dear jurors, you have seen a friendly woman with friends who care a lot about her when you looked at Miss Austen and so did I. But your task is not to decide if you like this woman or if you would have liked Mr. Jansen. Your task is to decide if this woman is a murderer. So let's stick to the facts, ladies and gentlemen. Kate Austen killed a man who was completely helpless at the moment of the deed, a man who was completely unsuspecting. And she didn't grab the nearest item to strike him dead or put a pillow on his face. No. This woman was cold-blooded enough to choose a way to kill her father which should earn her mother a respectable amount of money. Miss Austen is a murderer and it's up to you to make sure that she will get the fine law provides for murder.
And Mr. Wayne Jansen is not the only person whose death she caused. Miss Austen didn't kill Thomas Brennan, but he would still be alive, if she had not involved him in her flight plan. It is your responsibility to make sure that Miss Austen will bear the consequences for causing his death by declaring her guilty of involuntarily manslaughter. Miss Austen also participated in a bank robbery. Her accomplices are already serving a sentence for this crime and justice demands that she will not get away with this crime while these man are in jail for it. I trust you to carry out your duty to decide if Miss Austen is guilty of Murder, involuntary manslaughter, robbery and assaulting officers during her flight. And I trust you to judge the deeds without getting distracted by the sympathy for the person."
"Thank you Mr. McKenzie. Are you ready to give your final speech, Mr. Turner?" The judge asked.
Turner stood up and faced the jury.
"The main principle of law is that each accused shall be given the benefit of the doubt. In our case the most important question is: Did Miss Austen visit her father with the intent to kill him? You heard her testimony and she clearly answered this question with a no. To be found guilty of murder in the first degree a person has to willful, deliberate, malicious, and premeditated kill somebody. And at least the part "premeditated" was challenged by Miss Austen's statement. She told us she didn't plan to kill Mr. Jansen, but did it in the heat of the moment. This means that Kate Austen didn't commit murder in the first degree. I apply to find her guilty of "voluntary manslaughter" according § 1111 instead.
Let's deal with the charge "bank robbery". Miss Austen didn't take anything besides a toy airplane from the bank. Please allow me to quote a part of § 2113 a: "Whoever, by force and violence, or by intimidation, takes, or attempts to take … any property or money or any other thing of value belonging to, or in the care … of any bank … shall be fined under this title or imprisoned.""
Turner went over to Kate and showed her a toy airplane he had just taken from his pocket.
"Miss Austen, is this toy air plane similar to the one you took in the bank?"
Kate looked at the toy and nodded. "Yes, that looks very similar to Tom's."
The lawyer went back to the jury and let them look at the plane. "I bought this one yesterday at a toy store. It cost me less than 10 $. This proves clearly that Miss Austen didn't take anything of value. She can't be charged for bank robbery though.
Miss Austen is also accused of involuntary manslaughter at Tom Brennan. What happened to Mr. Brennan was tragically. But he was a grown up man who voluntarily joined his friend in the car. Miss Austen told him repeatedly to leave the car, but he refused. He was aware of the risk he was facing. My client cannot be charged with Mr. Brennan's death.
Miss Austen isn't a cruel person. She is just a woman who made a mistake many good people would have made, too, if they had been in her situation. Everything that followed was done, because she was on the run and because she was desperate. Miss Austen would have never harmed anybody, if she hadn't lived in a surrounding that was a constant threat to her. And this woman will never harm anybody again, if you will give her the chance to start a new life."
"Miss Austen, do you have anything to say before the jury leaves to deliberate?" The judge asked Kate.
"No, I've said everything I had to say," she answered.
The judge turned to the jury. "Now that you have heard all of the evidence, it is your duty as jurors to accept and follow the law and to apply that law to the facts that you believe have been proven from all of the evidence in the case. It is your responsibility to make a decision based on nothing but the facts you heard during this trial. In performing your duties as jurors you must not permit yourself to be influenced by sympathy, bias or prejudice. All parties expect that you will carefully and impartially consider all of the evidence, accept and follow the law as contained in these instructions, and reach a just verdict, regardless of the consequences. Nothing said or done by the attorneys is to be considered by you as evidence of fact. Opening statements and final arguments are intended to help you to understand the evidence and apply the law, but they are not evidence. Anything you may have seen or heard outside the courtroom is not evidence and must be entirely disregarded. Now, in saying that you must consider all of the evidence, I do not mean that you must accept all of the evidence as true or accurate. You, as jurors, are the judges of the credibility of the witnesses and the weight of the evidence. If you have any reasonable doubts concerning the testimonies you heard it is your duty to grand the accused "the benefit of the doubt" which means you have to decide for the benefit of the accused. Now you will be given time to discuss the evidence and we'll meet again as soon as you came to a vote supported by a two-thirds majority."
The jury left the courtroom and everybody else got ready to leave as well. Kate took a deep breath. The day she had been waiting for since the police had caught her eight weeks ago had come and these twelve strangers were going to decide about her future. Kate had tried to prepare herself for this day, but now that it was finally there she felt panic rise inside of her. Would they find her guilty of murder? Would she have to spend the rest of her live in jail, without Jack and the child she carried? How long would they need to make a decision? Would they get ready today or would she have to wait for days to know what her future would hold for her?
A catchpole interrupted her thoughts. "You can stay in the waiting room while the jury debates, Ma'am." he told her.
Kate nodded and stood up to follow him and the two policemen at the door to the waiting room. But as soon as she got up Kate felt a wave of dizziness hit her. She hadn't felt well the whole day. Kate had gotten used to the daily morning sickness, but today it was worse. The reason was probably the sleepless night she had had and the worry about the outcome of the trial. Kate grabbed the desk in front of her and tried to steady her breathing. Kate had never fainted in her whole life and she wasn't going to let it happen today. "Ma'am, are you alright?" The catchpole asked.
"Kate!" Jack called and ran towards her. "Is there a room where she can lay down?" Jack asked the catchpole while he scooped Kate up in his arms, ignoring her protest. "There is a couch in the waiting room."
"Is she o.k.? Can I do anything?" Sun asked alerted. "Take the car keys from my jacket and get my doctor's back. It's in the trunk. I parked on the parking lot in front of the court building. It's the black BMW," Jack ordered. "Show me the waiting room." he yelled at the catchpole. "I need someone to bring me a glass of water and wet towels." Jack told the survivors.
Jack carried Kate in the waiting room and gently laid her down on the couch. "Do you have pillows or blankets here? I need something to place under her feet." Jack told the catchpole. "Sorry, I don't know."
"Do you know?" Jack snapped at the judge. "I have a blanket in my office," he answered confused. He wasn't used to people yelling orders at him. "Then get it," Jack demanded and the judge left without complaining.
Most of the reporters had tried to get in, too, but they were restrained by Locke, Sayid and Sawyer, the latter threatening to beat them up if they didn't leave Kate alone.
Jack sat down next to Kate, taking her pulse with one hand and stroking her cheek with, the other. Hurley, Claire and Charlie came in nearly at the same time each of them holding a glass of water and several towels. "Thanks." Jack said shortly, taking a glass and some towels. Jack helped Kate to sit up and drink some of the water and then laid her back down placing a wet towel in her neck and another one on her forehead. The judge came with a blanket and Jack placed it under Kate's legs. After that he sat back down taking her hand in his.
"How are you feeling?" He asked worriedly.
"I'm really dizzy and I feel a little nauseous," she answered trying to keep her eyes open.
"Anything else? Are you in pain? Did you have cramps or bleedings today?"
"No. I've been dizzy the whole day. Maybe it's because I couldn't sleep last night."
Jack nodded. "Yes, that's probably the reason. I'll take your blood pressure and heart beat when Sun comes with my back just to make sure it's nothing serious. Cardiovascular problems are common in the first months of pregnancy. Lack of sleep and stress can make it worse. Just try to relax, love," he whispered soothingly.
When Sun came Jack examined Kate further and came to the conclusion that in deed all she needed was a little rest. He asked everybody but the two police officers who had to stay with Kate to leave the room and everybody did as they were told.
"I'm afraid, Jack," Kate whispered as soon as the others were gone. "I don't want to be apart of you."
"I'm scared, too," Jack told Kate, stroking her hair. "I missed you like crazy during the weeks you spend in Australia. And now I lie awake hours every night and wish you were with me. But Kate, I promise I will wait for you, no matter how long it takes. I will come and see you as often as they allow and I will bring our child with me. He or she will know and love you from the very beginning. And one day we three will be together. I promise."
Jack and Kate stayed like that for what seemed like only a few precious minutes to them, but was in fact over an hour. Then they were interrupted by Kate's lawyer. "The jury is ready. Are you feeling well enough to come back to the courtroom?" He asked Kate.
"They have decided already?" Kate asked panicked while sitting up. "Is it a good or a bad sign?"
"I wish I could say that," Turner said looking nearly as nervous as the couple in front of him.
"Say them I'll be there in a minute, please." Kate asked her lawyer.
When he was gone Kate and Jack shared a long kiss, knowing that it might be the last one for a very long time. "I love you. I always will. Don't ever forget that, no matter what," Jack told Kate.
"I won't." Kate promised. "I love you, too. Always have, always will."
Jack gave Kate a final look before he left. Kate followed him to the courtroom, escorted by the policemen.