Reversing A Death Sentence

Chapter 12

"Having considered the information you presented, I cannot allow this report into evidence," Judge Stevens tells me. "I cannot allow the smear of a victim."

"A rapist!" Oldtimer says, standing to his feet. "I've sat here and—"

"Oldtimer, have a seat," I say. He bats my arm.

"Mr. Franklin raped me! I've sat here and heard how great of a man Franklin was...really? Why don't you tell the truth about the son-of-a-bitch? He was forced out of his senate job after revelations of sexual misconduct in his office surfaced."

"Mason, get your client under control," Dizzy says.

"Fuck you!" Oldtimer says.

I hold my face in my hands, rubbing my temples. "This isn't happening," I whisper. 

"Is this true?" the judge asks Dizzy.

"Facts not in evidence, judge."

"That's not what I asked. Is Mr. Jackson telling the truth?"

Dizzy lowers his head and shuffles papers. "It's true."

"And when exactly were you going to tell this court about this?"

"Your honor, I didn't think it was—"

"Relevant?"

"No, sir," Dizzy says.

"I'm about ready to flat out dismiss this case unless you can come up with a good excuse as to why you left this court in the dark on this matter, son."

"Your honor," Dizzy says, extending his arms in front of his body, "you saw Mr. Jackson flip out. It's proof he has anger issues."

I knew Dizzy would take advantage of this outburst as being indicative of Oldtimer's overall character. But victims of abuse, any kind of abuse, don't display their anger in the same manner. After drinking a bottle of wine, I'd prayed all night that God would move the judge's heart to allow the foster care files into the record. I'd pleaded with God to do this one thing for me. I woke up on the floor with my hands folded. Maybe it was a good sign. I even asked Peggy to file any motion she could that would help get this report into the record. 

"We must inform the jury of this major detail," I say, searching the internet for articles. I look up to see the judge's secretary over his shoulder as they, also, search for articles relating to Mr. Franklin's sex scandal. It took a single hit and about twenty articles popped up. Finally, something the judge would have to allow into evidence. Something the judge couldn't reject. 

"Your honor," I say.

"After the clerk prints copies of the New York Times article, each juror will get a copy of Mr. Franklin's pattern of sexual assault. And with that, we must, indeed, allow Mr. Jackson's foster care files into evidence."

"But your honor," Dizzy says.

"Your honor nothing.  I've made my decision," Judge Stevens says. "Bring in the jury," the judge tells the bailiff.

I leaned forward with my palms on the table. My head feels like crushed rocks. I could have lunged at Dizzy and strangled him. Is this my karma for all the times I screw over defendants? 

"Go ahead, Dizzy," the judge says.

"Members of the jury," Dizzy says, opening and closing his hands, "we're dealing with a career criminal."

"Objection!" I say, standing to my feet.

"What is it, Mason?"

"He called my client a lifetime criminal. I ask that you strike that from the record, and ask the jury to disregard that statement," I say, returning to my seat. 

"I will do no such thing, Mason. Dizzy is giving his closing argument. You will have a chance to rebutt the prosecution," the judge says. 

"As I was saying," Dizzy says. "Mr. Jackson has spent his life in and out of prison, not a productive member of society. Not a hard worker like you," Dizzy says, pointing to each member of the jury. "While no one can know for sure, it's possible that should Mr. Jackson feel wronged again, he could kill again." 

Oldtimer leans over. "Can you believe this shit?"

"I can't," I said, shaking my head. 

I noticed one jury taking notes and another with her arms crossed, taking in this emotional blackmail. The gaslighting had appeared to have an effect on one juror. But Dizzy isn't as good as he thinks. 

"Mr. Jackson murdered an innocent pillar of the community," Dizzy continues. "And for the defense to malign his character — to assassinate his character shows the depravity and disregard for honesty."

I slump in my chair, stroking my chin, observing the jury. Who can I use to have reasonable doubt? If anything, I need to have at least one of these people to have doubt that Oldtimer murdered Mr. Franklin. I have to make them understand this was self-defense, not murder. I scanned their faces, hoping this redhead white woman would have sympathy for Oldtimer. I caught her eyes follow Oldtimer's facial expressions and I wasn't sure whether she wanted to sleep with him or wanted to believe him. Some women are fascinated with bad boys. 

"The defendant has shown no remorse about the murder of Mr. Franklin. He hasn't shed a tear for that man. So, why should you have mercy on him? Why should you give Mr. Jackson the benefit of the doubt? I would submit to you that this defendant is guilty of capital murder and thus should be put to death. Thank you," Dizzy said as he stacked his papers and placed the file in his briefcase. 

The judge glances at his watch. "It's your turn, Mr. Mason."

I stood to my feet with a knot in the pit of my stomach. "This isn't a question of whether Mr. Jackson had to kill Mr. Franklin, the question is why. Members of the jury, what we're doing with...what you're going to decide is the innocence or guilt of this man," I say as I stood behind Oldtimer. "Is this man guilty of anything?" I ask. "I submit to you, we, submit that Mr. Jackson was molested by Mr. Franklin for five years," I say. "Think of the torment and the torture of sexual abuse; especially as a young boy. Right when you're getting your manhood formed, a man rapes you. And the, you're confused." I hold up a picture of Oldtimer around the time of the molestation. "Mr. Jackson was a young man in this picture. An adorable kid with so much potential, but behind that smile on his face was a terrorized frown."

"You about finished, Mason? the judge says.

"Yes, sir. This concludes my presentation. I ask that you find my client not guilty of any crime. As sure as I am standing here, we will be judged for how we carry out justice and in this case, justice is an acquittal. Thank you."

The judge went through the elements of a crime the jury had to consider and whether Oldtimer's actions justified self-defense. The judge also gave each juror a copy of Oldtimer's foster home records and an article about Mr. Franklin's resignation for a heap of allegations of sexual assault. 

Now, we wait to see whether the jury has the courage to free an innocent man. And reverse his all but certain death sentence.