Scarecrow

Chapter 5: the trial

From the documented log of James Donnelly's defense attorney, Mr. Ben Larson, on the last week of trial, 8/23/18

Date of crime: June 30, 2018
Time of crime: 10:45 p.m.
Place of crime: Beauty Police station, sheriff's office
Client: James Donnelly, Jr.
-Height: 5'8''
-Weight: 253 lbs
-Known living relations: Penny Donnelly (wife)
-Alibi: was sleeping in bed with his wife. NOTE: Mrs. Donnelly can testify that she got into bed alongside her husband, but when pushed by prosecution, could not say for sure if he might have left while she slept

Details of arrest (also available to prosecution): two (2) months ago to the day, former Sheriff Walter Hendricks was discovered face down in his office, dead, with a blood-soaked sickle lying on the ground nearby. Weapon was engraved with defendant's name, and bore his fingerprints. Suspect was immediately taken into custody while interim Sheriff Lewis Meyer ordered a full investigation of his home. Cops did not turn up any evidence from raid, however.

Evidence thus far:
-Sickle engraved with Jim Donnelly's name
-Security tapes from the office of Mr. Hendricks from the night in question.

Personal side-note: PRESENT THE TAPES. No way in hell that the jury won't be able to see that the killer in the video footage is not Jim Donnelly. Client is quite overweight for his age, and killer is much, much thinner than him. There is little doubt in my mind that someone is trying to frame my client.

From the personal notebook of Defense Attorney Larson: notable behavior of those in attendance: The prosecution
8/23/18
Prosecutors begin with the facts of the crime, and how they tie back to client. When the gruesome details of the murder come up, Greta Hendricks emits a small wail of grief and is escorted out.

Sheriff Meyer is called to the stand to testify against Mr. Donnelly. Claims that Client visited the office of Mr. Hendricks the week before the murder, and that he heard them arguing. Mr. Donnelly openly refutes this statement, claiming that all he and Mr. Hendricks ever argued about was football, and order is momentarily lost.

8/24/18
Penny Donnelly is called to the stand. Supports husband's alibi, but is unable to answer the prosecution when pressed about it further. Mrs. Donnelly reclaims her seat, looking dejected.

8/25/18
Prosecution calls Jim Donnelly to the stand, and presents him with the murder weapon. Client vehemently denies knowing how the sickle left his care. When prosecution asks him how his fingerprints got on the sickle, Mr. Donnelly claims to have used it recently for his corn harvests. When pressed further as to the nature of his alibi, defense calls an objection. Judge overrules this and allows prosecution to proceed with their questions, now directed to the details of defendant's friendship with Mr. Hendricks. Donnelly is allowed to sit down only when his voice breaks and he is forced to wipe his eyes.

Prosecution rests.

From the personal notebook of Defense Attorney Larson: notable behavior of those in attendance: The defense
8/26/18
Acting Sheriff Lewis Meyer appears nervous and distracted at start of trial.

Defense begins by calling Eddie Harrell to the stand. Mr. Harrell is asked as to his impression of Mr. Donnelly's relationship with Mr. Hendricks. Mr. Harrell answers that they always seemed very friendly and never at odds with one another. When asked if they seemed tense at the dinner party shortly before the crime was committed, Mr. Harrell says no, not in the slightest, adding that he always thought the two men to be the best of friends. This response triggers a series of skeptical responses throughout the court, the loudest of which come from Sheriff Meyer, and order is momentarily lost.

8/27/18
James Donnelly is called to the stand, and Greta Hendricks begins to cry audibly. Mrs. Hendricks must be removed for brief time. Returns when Mr. Donnelly's testimony is over.

(Donnelly testimony): client supports his alibi, claiming it to be the truth. Sheriff Meyer looks nervous again. Will not overthink it. This is, after all, his only suspect.

8/28/18
(post-trial): Defense (me) brings forward the security tapes from night in question. Point out fact that the killer in the video, though their face is obscured, lacks the body weight to even remotely resemble Mr. Donnelly. With the sudden prospect that the killer in the video is not Mr. Donnelly, court is thrown out of order. Lewis Meyer must step out for reasons unknown, muttering quiet vulgarities under his breath. He only returns for Jury ruling.

From the collected court records of trial proceedings: Jury ruling
Jury members:
Mr. Roy MckNight
Mr. David Seibold
Ms. Jacqueline Yager
Mr. Herbert Bodeen
Mr. Justin Fiske
Mrs. Abigail Dallas
Mr. Sam King
Mr. Martin Golding
Mrs. Elaine Bradford
Mr. William Burger
Mrs. Emily Smith
Ms. Linda Sue Hansen

Jury ruling: not guilty
Reason(s) for ruling: significant source of reasonable doubt, namely, the given security footage of the night in question

———

Donnelly, Penny, and Eddie do not speak much on the ride home from the courthouse, except for Eddie's remark at how glad he is that the town saw reason and that Mr. Donnelly is proven innocent. The three of them then lapse into careful silence after that, Donnelly driving down a badly-lit dirt road with his wife and the college kid his wife is secretely sleeping with on the side. In fact, they do not truly converse again until Eddie is out in the cow barn and Penny is throwing a late dinner together by the stove. From the kitchen table, Donnelly says suddenly, "I'm going out to the storage barn real quick. Keep the food warm for me, yeah?"

Penny sets down her frying pan with an angry clatter. "Whatever for? I wouldn't think you'd want to start field work again at 8:00 at night, not after the day we've had."

"It's not that." Donnelly rises to get a beer– he needs it. "I guess I've been so busy these last two months that I never got to check, but..."

"But what? What do you need to check?"

"Penny, I never touched that goddamn sickle. Not since the harvest season began, at the very most. No one had. Hell, I almost forgot I even had it before it ended up in Walt's throat!"

She throws spices into the pan, trying not to convey her worry at her husband's aggressive voice and shaking hands. "I know you're innocent, you know you're innocent, the entire town proved you innocent. What's your point?"

"I don't have one. I guess I just want to see for myself that it's really not there." He pauses, thinking over his next words, and manages, "that someone really took it."

"Jim, next thing we know, you'll be telling me you're seeing ghosts," says Penny carefully, sifting more ingredients into the pan as the whole dish begins to come together; stir-fried beef drizzled in barbecue sauce. The safety and familiarity of cooking, being surrounded by savory smells and a sense of pleasant warmth as she works, is the main reason Penny has not lost her mind to grief since her husband's trial began. "I can't understand why you want to go back there. But if it'll put your mind at ease, then I say do it."