"That's what this trial is all about," Abernathy said. "Evidence, motive and the ability for you, as jurors, to see past any preconceived notions you might have about what a murderer looks like. The defendant may well seem innocent on the surface, but I think that by the time you begin your deliberations, you'll all agree with the State of Illinois that she's guilty of murder in the first degree."
With a final glance at Ronnie, Abernathy stepped away from the podium and went back to his table.
Matt looked at the jurors, a diverse mix of Chicagoans, and he knew that the ADA had scored some major points-all in a few simple words.
That simplicity was the beauty of Abernathy's opening. He had primed the pump without giving anything away, and it would take all of Waverly's skill as a defense attorney to reverse his momentum.
She looked eager to try.
When Judge O'Donnell-a stern-faced man with heavy jowls-gave her the nod, she shot to her feet. "Thank you, Your Honor." Then she turned to the jury and said, "Good morning, ladies and gentlemen."
Several of jurors nodded as others murmured "hello" in response.
"I'd introduce myself to you again," she said, "but I don't think that's necessary, do you? Who I am is not important, because this trial-this miscarriage of justice-is not about me."
Bam, Matt thought. A line drive right out of the box. He glanced at Abernathy, but the prosecutor seemed unfazed.
Waverly waited a moment, then said, "Defendant. You heard Mr. Abernathy use that term a number of times during his opening statement in reference to my client, Veronica Baldacci. The defendant."
She paused, squeezing Ronnie's shoulder.
"But, you see, I have a problem with that word. Because labeling the accused the defendant implies that she has something to defend. Yet under the eyes of the law, the accused is not required to defend herself at all. The accused is not required to do or prove anything. The burden of proof lies solely with the prosecution."
She paused again, scanning their faces. "Think about that. The State of Illinois must prove that the accused is guilty of a crime. Guilty beyond a reasonable doubt."
She moved away from the defense table now, stepping up to the podium.
"Mr. Abernathy talks of scorn and vindictive behavior, of harassment and stalking and desperation, but his words are nothing more than smoke and mirrors. Attempts to cloud your perception of Ms. Baldacci before you've even had a chance to hear the truth. But the truth is, ladies and gentlemen, that none of the evidence the state intends to parade in front of you actually proves that Veronica Baldacci committed a crime. As Mr. Abernathy himself told you, Ronnie Baldacci is indeed innocent until proven guilty, and what you will see and hear over the next few days does not meet that burden of proof. Not even close."
Matt and Andy exchanged a grin, and now Hutch turned to them and whispered, "She's good," as if to reinforce what they were already feeling.
"But I won't lie to you," Waverly continued. "Some of what you'll hear will certainly seem damning. The so-called DNA evidence. The phone calls. But as we all know from recent events in the news, DNA evidence can often be tainted. DNA evidence is only as reliable as the people who handle it-some of whom are desperate to close a case. To find a killer."
Waverly turned now, gesturing to Ronnie.
"But as Mr. Abernathy himself said, Ronnie Baldacci does not look like a killer. And why is that? Because Ronnie Baldacci is not a killer. Ronnie Baldacci is nothing more than a good woman struggling to raise a child, doing the best she can to make it in this world. The police came after her because she was an easy target. Because her presence in Jennifer Keating's life-tangential as it was-made it easier for them to close yet another case in a city where so many murders go unsolved."
She stared intently at the jurors now.
"As you'll soon discover, this is a classic rush to judgment. The kind of move only the most cynical and lazy law enforcement officers make. And because of that cynicism, because of that laziness, Jennifer Keating's real killer remains at large."
She gestured to the gallery.
"For all we know, he could be sitting in this courtroom today, or watching on TV, or reading about it online or in the papers. And he knows the one thing that I know. What the police and prosecutor should have known, and what every one of you will soon know once Mr. Abernathy has finished presenting his case." She paused, staring intently at the jurors. "That Veronica Baldacci is not guilty."
As Waverly returned to her seat, Matt smiled inwardly. It was a brilliant strategy. If you convict Ronnie Baldacci, the real killer will go free. A powerful deterrent to anyone with an itchy trigger finger.
Whether or not the jury would buy this strategy was difficult to say, however, and as Matt studied their faces, he got nothing from them.
Judge O'Donnell said, "Thank you, Ms. Waverly," then turned to the prosecutor. "Mr. Abernathy, please call your first witness."
Abernathy nodded and got to his feet. "Your Honor, the state calls Detective Jason Meyer to the stand."
And so it begins, Matt thought.
— 21 -
They kept the cop on the stand for nearly three hours before breaking for lunch.
Detective Meyer had that subtle swagger that so many of these guys carry like a well-worn accessory. His every expression, his every mannerism, sent an underlying message to the courtroom-I've seen it all and I know the truth.
Hutch had studied a number of cops over the years. Had met a few in his drunk and disorderly days, had done a couple ride-alongs while preparing for roles, and he recognized that familiar attitude of superiority. Had noticed it the first time he saw Meyer, outside The Monkey House, as Meyer slapped the cuffs on Ronnie, saying the words that had been like a punch to the gut.
We're charging you for the murder of Jennifer Keating.
Meyer was big and hard-bodied, about six-three or so, with broad swimmer's shoulders. Not a guy you wanted to square off against. Physically or mentally. Not that he struck Hutch as a mental giant, but he seemed to carry a tenaciousness of spirit that didn't give him room to back off, no matter what the circumstances. And if you got too smart for your own good, he'd simply stare you down until you shut the fuck up.
After quickly running through Meyer's credentials, Abernathy got straight to the heart of the matter. "Detective, please tell us how you first became involved in this case."
As Meyer spoke, his tone was infused with a solemn authority. He was the grown-up here and the courtroom was full of clueless children who needed to sit back and listen. "We got a call-out at approximately eleven p.m.," he said. "A DB in Dearborn Park, discovered by an apartment owner walking his dog."
"DB?"
"Dead body."
The prosecutor nodded. "Go on."
"So my partner Charlie Mack and I headed out that way and found the victim in the middle of a vacant lot on Clark street. She had multiple stab wounds and a severe throat laceration."
"And you were able to identify her as Jennifer Keating?"
"Yes."
"How?"
"Her car was parked at the curb and her purse and driver's license were inside."
"And once you determined this, what did you do next?"
"Detective Mack waited for the crime scene techs to arrive while I briefed the responding officers and we started canvassing the neighborhood, looking for any possible witnesses to the crime."
"And did you find any?"