3 She Said

"And for what?" Andrea repeated, aggravated that she had lost her flow. Hopefully the jury didn't pick up on it, hopefully they just thought the repetition was a rhetorical affectation.

"For a stolen car, that has since been recovered and returned? For the stolen cash that has been covered by insurance? For a stolen laptop that my client willingly surrendered back to its original owner? A laptop that only came into his possession through a purchase that we have fully explained my client had every reason to believe was legitimate, that it is only through the worst possible luck that it turned out to be stolen property? No one has ever contested that the laptop was found in my client's possession, but that in and of itself does nothing to prove that my client stole it. That eyewitnesses identified my client as having been in the area the theft took place proves only that it is the area close to where he lives and works! And the so-called video evidence from the traffic cameras, while bearing a resemblance to my client, we have demonstrated bears an even closer resemblance to a known car thief my client was able to identify from his mugshot as being the man he bought the laptop from."

Listed out like that, it actually sounded pretty damning. But Adams had been earnest and consistent in his story that he had bought the laptop off a man with a similar build and complexion, that the man had been driving the stolen car when Adams had met him to make the purchase, and that was how his DNA had been found inside the vehicle. It was only the worst kind of coincidence that it all added up to make Adams look very guilty. Especially since they hadn't been able to find the DNA of the actual thief in the vehicle.

"My client is guilty of nothing except having been naive enough to believe a deal that turned out to be too good to be true, and of the bad fortune to have been wrapped up in another man's crime. It was a mistake any one of you could have made, and yet, if you had, would you be sitting in this courtroom today?"

This was the moment. Andrea had wanted the attention on her until this point, but now she needed them to look at Adams. She knew once she finished her closing argument she wouldn't be in control anymore, and couldn't hope that they would forget about Adams appearance during the prosecutor's closing argument. Kyle probably wouldn't be so blunt as to tell them to judge a book by its cover, but he'd lead them down that line of thought and let them jump to that conclusion themselves.

Andrea gestured at Adams, making sure not to even glimpse at Kyle out of the corner of her eye.

"Is it fair to say that the only reason that my client has been arrested, charged and brought to trial in the first place, is because he looks like a car thief? That he has, in his misspent youth, stolen cars before? Can you honestly say that any of you would have been treated with the same suspicion and distrust if you had the misfortune to have had the police knock on your door late at night because you had made the mistake of buying a laptop from a thief? Do you honestly think that any of you would have been dragged from your home in handcuffs in front of your wife and child if you had been in that situation? When you did everything right, when you answered every question, cooperated fully, voluntarily surrendered the property that you had bought in good faith with your own hard earned money. Do you honestly believe that you would end up sitting in his seat? And if you did, how would you hope the jury would treat you?"

Andrea paused to give the jury time to ponder that. Adams was doing his best to look non-threatening and contrite… and he was almost pulling it off.

"Ladies and gentlemen of the jury, if you seek that justice be done, it is your responsibility to find my client not guilty. If you are concerned about letting crime go unpunished, then all the more reason to acquit, as convicting my client will result in the real perpetrator remaining free. The burden of proof is high, for it is a cornerstone of the principle of law in our country that it is a greater failure of justice for an innocent man to be punished undeservedly than for a guilty man to go free. Finding my client guilty would be a failure of justice of both kinds. Nothing that has been shown during the course of this trial is proof of the version of events the prosecution has put forward, only proof of coincidence and bad luck, and – I will admit – bad judgment.

"Not a day has gone by that my client has not regretted the purchase that has unfairly led him to his current state. It is sadly impossible to prove that the events unfolded as my client has related, but we are fortunate indeed to live in a land where it is not necessary for the innocent to prove their innocence. Innocent until proven guilty… It is the greatest protection our legal system holds to protect the unfortunate from suffering undue punishment for coincidence and bad fortune.

"If you find my client's account plausible, if you find it sympathetic, if any part of you is capable of believing it to be the truth… then you have an easy decision to make. Not even a decision, for the law requires only one conclusion – that you find my client not guilty!"

Andrea waited in silence as long as she dared before walking back to the defense desk and sitting back down. Once she sat down, she would be turning control over to Kyle to make his final case… and she wanted the jury to sit with her argument as long as possible in the hopes that they would have already made up their mind before he had a chance to speak.

Adams gave her a tight smile. Andrea returned it as best she could, though it felt forced. She was already second guessing herself, thinking of all the things she should have said, or shouldn't have said, or said differently. She kept the turmoil of emotions hidden below the surface. If the jury thought she wasn't confident in the outcome, that could be enough to sway their opinion.

Now it would be Kyle's final opportunity to turn the tide of this case.