Counterpart, Robert F. Clifton [100 books to read TXT] 📗

“All rise! ” said the bailiff.”

One hour later Charles Belcamp approached the jury box.

Members of the jury sat intent ready to listen to what the prosecutor had to say. Then he spoke. “Ladies and Gentlemen.

I want to personally thank you for first, for appearing and doing your civic duty. You have sat patiently while I, representing the States case against Ronald Pearl presented evidence, evidence of his guilt in the murder of Wanda Brewer. Now, allow me to remind you of that evidence. There is the discovery of a Styrofoam cup and paper bag found on or near the jogging trail known as Mullica Run where the victim a young teenage girl was found dead, murdered. Found on those two items introduced as evidence was the DNA profile of the defendant. I also submitted to you the pink jogging shorts worn by the victim on the day she was murdered. And, what do we know about the jogging shorts? Well, we know that Ronald Pearl's DNA profile appeared on the waistband of those shorts. You heard the testimony of Sally Burns who stated under oath that on Sunday, June 21, 2015, the day that Wanda Brewer lost her life that Ronald Pearl was off that day. Off ladies and gentlemen. And where was he on his day off I ask you? The answer came from two witnesses again under oath testifying in this courtroom and to you the jury that they saw the defendant fishing on the banks of the Mullica River on the day in question.

Now, let us look at the other evidence, the DNA profile.

I will not bore you by going over again the scientific definition of DNA. What I will do is remind you that the chances of two persons having the same profile is one in the billions. Think about that. In the billions. So what does the defense offer you?

He offers the possibility and may I say the rare possibility that the DNA profile left on the victim that matches Ronald Pearl is not from Pearl himself, but from his identical twin. How convenient.

Now ask yourself this. Where is this identical twin? The defense mentions him but he does not produce him. Instead, he offers a black and white, glossy photograph supposedly of a man known as Thaddeus Lofton. Thaddeus Lofton was never put on the witness stand. Only his photo. It was a magic trick in an attempt to confuse you. A now you see him. Now you don't. Still, I am confident that all of you after hearing and evaluating the evidence and the testimony of witnesses will do the correct thing. The correct thing is to find the defendant guilty of murder in the first degree. Thank you,” said Belcamp.

“Mister Bader,” said the judge.

Adam Bader walked slowly to the jury box. As he did he suddenly became aware of the mixed aromas emitted by the members of the jury. The indiscriminate odors of shaving lotion, perfumes, pipe and cigarette tobacco came to him carried in the air of the courtroom. He stopped and smiled. Then he said, “Ladies and gentlemen I have both good and bad news for you. The good news is that this trial with your help is coming to a close. The bad news, however, is that you must retire and render a verdict. Now, the prosecutor has accused me of being a magician or a purveyor of lies. I want you to know that I do not take that as an insult. No, rather than taking offense I willingly submit to you just how weak the State's case against Ronald Pearl appears. I have presented to you an expert in the scientific world of genetics, Doctor Harvey Kramer. I ask you to recall several things. There is the testimony of Homer Atkins who related just how he washes, dries and then stacks the plates for the cooks in Sally's Diner. Them he went on to say just how the cooks reach for and take hold of a plate that they would use to place the cooked order. Next, you heard from Miss Jane Squires the waitress who on the morning of June 21, 2015, did serve Officer George Benson. Why is that important? It is important because she mentions that Officer Benson reached for a moved his breakfast closer to himself as he sat at the counter. The importance here is that under questioning Doctor Kramer testified that instead of just finding Ronald Pearls DNA in the profile examination the laboratory person doing the profile testing should have also found the DNA of Homer Atkins, Jane Squires, George Benson as well as Ronald Pearl. Now ask yourself this. Did the State introduce those DNA profiles to you?

You must admit that the answer is no.

Now we come to what the State contends is a magic show.

If there is any magic in my producing evidence that the DNA profile of one Thaddeus Lofton is exactly like that of Ronald Pearl then I submit to you that the props for the magic show were provided by the New Jersey State Police reporting system.

If the State maintains that I have attempted to deceive you by entering evidence to the fact that Tyrone Lofton and Thaddeus Lofton were born on July 14, 1986, and July 15, 1986, as identical twins then again the instrument that was used according to the prosecutor came again from the State of New Jersey. To be exact the adoption records came from the Adoption Placement Service of Elizabeth, New Jersey. Again, for your information, Tyrone Lofton was adopted by Sonia Pearl. She changed his name to Ronald Pearl. As far as we know his brother Thaddeus, Ronald's counterpart was not adopted and grew up in foster homes.

So you see ladies and gentlemen there is no magic. I have not waved a wand in this courtroom. I merely presented the facts and the evidence that not only challenges that produced by the State. I also offer to you the scientific proof and evidence that DNA evidence presented in a court of law is not absolute.

At this time I would like to thank you for your service. In a moment the judge will instruct you on your responsibilities. One of those things he will mention is that if there is any, any, reasonable doubt in your mind about the innocence or guilt of the defendant then you are obligated to render a not guilty verdict. I ask you to seek justice for the defendant. Thank you.”

Adam walked back to the defendant's table and took a seat between Nancy and Ronald Pearl. “Now your life is in the hands of the jury. I did the best I could for you. I could have done better had you told me about Thaddeus,” Bader said.

“Man, I told you I don't know any Thaddeus,” Pearl replied.

The three at the defendant's table sat and listen as Judge Taylor instructed the jury. They rose and stood as the jury got up and walked out of the courtroom to deliberate Pearl's fate. While they were standing the judge left the bench.

Bader turned to Ronald and said, “Now it's a waiting game. The longer the jury is out the better it looks for us. Now go with the deputies. They'll bring you back when the verdict is to be announced.”

After Pearl left Nancy stood gathering papers, pads, and documents placing them in Adam's briefcase. He said to her, are you hungry?”

“I could eat,” she replied.

“OK. We'll go somewhere close by in case the jury comes in, he said.

“Believe me. We can take our time. The jury will deliberate for a long time,” said Nancy.

“What makes you think so? ” he asked.

“Just a feeling I have. I watched the jury the entire trial. There is one woman who constantly produced a look of disdain

every time Belcamp had something to say. She didn't like him,” said Nancy.

“Looks are deceiving they say,” said Bader.

Later at the restaurant, the couple talked as they had a late lunch. “Well, now what?”, he asked.

“What are you talking about?”, Nancy asked.

“”I'm asking what your plans are after this trial is over.

“I've already told you. If there is a place for me handling cases other than criminal I'll stay with the Public Defender. If not, I'll branch out on my own.”

“No other plans?” he asked.

“Actually I am planning to return to Moe's have a fried shrimp dinner and then go dancing.”

“Can I join you Adam asked.

“I was counting on it.”

“Why. Because you need someone to dance with?”

“No, because you can pay the check.”

Chapter Ten

Verdict

Adam Bader sat in front of his desk in the Public Defenders Office. Deep in thought, he unconsciously tapped a pencil lightly on the desktop as he reflected on the trial and the fact that in the past two days the jury was deadlocked on a verdict.

“Look at it this way. A hung jury is actually a victory for you,” said Nancy.

“Depending on whether or not Belcamp drops the charges or goes to trial again. I don't see him dropping a charge of murder in the first degree,” Adam replied.

“Well, as I see it you did everything you could in defending Pearl,” said Nancy.

“Make that we did everything. You played a large part in the case,” Bader added.

“Thank you,” she replied.

Their conversation was interrupted by the ringing of the telephone on Adam's desk. He picked up the receiver, placed it to his ear and said, “Adam Bader.”

After he placed the telephone back on it's cradle he turned to Nancy and said, “OK, time to go. The jury is coming in again.”

“You go. Melber is coming in this morning. I don't know what he wants at this late date but I'll meet with him, see what he has to say and then join you in court,” Nancy explained.

Thirty minutes later Bader sat and listened as the Jury Foreman stood waiting for Judge Taylor to speak and then he did.”

“Mister Foreman have you reached a verdict?”, asked the judge.

“No your honor. It appears as though we are hopelessly deadlocked in reaching or making a decision,” said the man.

“This is the third day of jury deliberations. On two separate occasions, I have sent you back to the jury room in the hope that the twelve of you could come together and render an agreement of either the defendant is guilty or not guilty. As a result of indecision on the part of the members of the jury I hereby rule a mistrial.,” said Judge Taylor.

As people left the courtroom Adam sat silently at the table.

He looked up when Charles Belcamp approached him.

“Don't take this decision to heart young man. In my opinion, you did a masterful job defending Pearl. However, I intend to try him again. The next time I will get a conviction.

Now, however, the plea bargain is off the table. Keep your chin up and I'll see you in court,” said Belcamp offering his hand in friendship.”

Adam stood and shook hands with the prosecutor. “Thank you, sir. Your comments are very reassuring,” he said.

Later Bader still sat at the table. In front of him was the documents needed and used in court. He carefully placed each document in order and was about to close the manila folder when Nancy walked up and sat down in the chair next to him.

“I think you need to read this,” she said handing Adam a typed sheet of paper.

Adam took the paper leaned back in the chair and began to read. Suddenly he leaned forward and said aloud, “I'll be a son of a bitch!”

“I thought that would be your reaction. What are you going to do now?”, she asked.

“Do? I'll tell you what I'm going to do. I'm going to confront Pearl, that lying bastard. I'll be awhile at the jail. I'll see you back at the office,” said Bader.

Thirty minutes later Adam paced back and forth in the small room as he waited for Ronald Pearl to be brought to him. When Pearl entered the room he saw the look