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"Sustained. I've already warned you, Mr. Brennan."
"Sorry, Your Honor."
Brennan went on. "I'm sure that the jury would like to meet the characters you're talking about. You are Ashley Patterson, correct?"
"Yes..."
"Fine. I would like to talk to Toni Prescott."
"I...I can't bring her out."
Brennan looked at her in surprise. "You can't? Really? can't? Really? Well, then, how about Alette Peters?" Well, then, how about Alette Peters?"
Ashley shook her head despairingly. "I...I don't control them."
"Miss Patterson, I'm trying to help you," Brennan said. "I want to show the jury your alters who killed and mutilated three innocent men. Bring them out!"
"I...I can't." She was sobbing.
"You can't because they don't exist! You're hiding behind phantoms. You're the only one sitting in that box, and you're the only one who's guilty. They don't exist, but you you do, and I'll tell you what else exists-irrefutable, undeniable proof that you murdered three men and cold-bloodedly emasculated them." He turned to Judge Williams. "Your Honor, the state rests." do, and I'll tell you what else exists-irrefutable, undeniable proof that you murdered three men and cold-bloodedly emasculated them." He turned to Judge Williams. "Your Honor, the state rests."
David turned to look at the jury. They were all staring at Ashley and their faces were filled with repulsion.
Judge Williams turned to David. "Mr. Singer?"
David rose. "Your Honor, I would like permission to have the defendant hypnotized so that-"
Judge Williams said curtly, "Mr. Singer, I warned you before that I will not have this trial turned into a sideshow. You can't hypnotize her in my my courtroom. The answer is no." courtroom. The answer is no."
David said fiercely, "You have have to let me do this. You don't know how important-" to let me do this. You don't know how important-"
"That's enough, Mr. Singer." Her voice was ice. "I'm citing you a second time for contempt. Do you want to reexamine the witness or don't you?"
David stood there, frustrated. "Yes, Your Honor." He walked over to the witness box. "Ashley, you know you're under oath?"
"Yes." She was taking deep breaths, fighting to control herself.
"And everything you've said is the truth as you know it?"
"Yes."
"You know that there are two alters in your mind and body and soul who you have no control over?"
"Yes."
"Toni and Alette?"
"Yes."
"You didn't commit any of those terrible murders?"
"No."
"One of them did, and you're not responsible."
Eleanor looked at Brennan questioningly, but he smiled and shook his head. "Let him hang himself," he whispered.
"Helen-" David stopped, white-faced at his slip. "I mean, Ashley...I want you to have Toni come out."
Ashley looked at David and shook her head helplessly. "I-I can't," she whispered.
David said, "Yes, you can. Toni is listening to us right now. She's enjoying herself, and why shouldn't she? She got away with three murders." He raised his voice. "You're very clever, Toni. Come on out and take a bow. No one can touch you. They can't punish you because Ashley is innocent, and they'd have to punish her to get at you."
Everyone in the courtroom was staring at David. Ashley sat there, frozen.
David moved closer to her. "Toni! Toni, can you hear me? I want you to come out. Now!" Now!"
He waited a moment. Nothing happened. He raised his voice. "Toni! Alette! Come out! Come on out. We all know you're in there!"
There was not a sound in the courtroom.
David lost control. He was yelling, "Come out. Show your faces.. .. d.a.m.n it! Now! Now!" d.a.m.n it! Now! Now!"
Ashley dissolved in tears.
Judge Williams said furiously, "Approach the bench, Mr. Singer."
Slowly, David walked over to the bench.
"Are you through badgering your client, Mr. Singer? I'm going to send a report of your behavior to the state bar a.s.sociation. You're a disgrace to your profession, and I'm going to recommend that you're disbarred."
David had no answer.
"Do you have any more witnesses to call?"
David shook his head defeated. "No, Your Honor."
It was over. He had lost. Ashley was going to die.
"The defense rests."
Joseph Kincaid was seated in the last row of the courtroom, watching, his face grim. He turned to Harvey Udell. "Get rid of him." Kincaid got up and left.
Udell stopped David as he was leaving the courtroom.
"David..."
"h.e.l.lo, Harvey."
"Sorry about the way this turned out."
"It's not-"
"Mr. Kincaid hates to do this, but, well, he thinks it would be better if you didn't come back to the firm. Good luck."
The moment David stepped outside the courtroom, he was surrounded by television cameras and shouting reporters.
"Do you have a statement, Mr. Singer .. . ?"
"We hear Judge Williams says you're going to be disbarred...."
"Judge Williams says she's going to hold you for contempt of court. Do you think you-?"
"The experts feel you've lost this case. Do you plan to appeal...?"
"Our network legal experts say that your client will get the death penalty...."
"Have you made any plans for the future...?"
David got into his car without a word and drove away.
Chapter Twenty-one.
HE rewrote the scenes in his mind, over and over again, endlessly. rewrote the scenes in his mind, over and over again, endlessly.
I saw the news this morning, Dr. Patterson. I can't tell you how very sorry I am.Yes. It's been quite a blow. I need your help, David.Of course. Anything I can do.I want you to represent Ashley.I can't do that. I'm not a criminal defense lawyer. But I can recommend a great attorney, Jesse Quiller.That will be fine. Thank you, David....You're an anxious young fellow, aren't you? Our meeting wasn't supposed to be until five o'clock. Well, I have good news for you. We're making you a partner.You asked to see me?Yes, Your Honor. They're talking about this trial on the Internet, and they've already convicted the defendant. This could seriously damage the defense. Therefore, I'm making a motion for a mistrial.I think those are excellent grounds for a mistrial, Mr. Singer. I'm going to grant it...The bitter-tasting game of "what if."...
The following morning, the court was in session.
"Is the prosecution ready to make its closing argument?" Brennan stood up. He walked over to the jury box and looked at the jurors one by one.
"You're in a position to make history here. If you believe that the defendant is really a lot of different people and she's not responsible for what she's done, for the terrible crimes she committed, and you let her go, then you're saying that anybody can get away with murder by simply claiming that they didn't do it, that some mysterious alter ego did it. They can rob, rape and kill, and are they guilty? No. 'I didn't do it. My alter ego did it.' Ken or Joe or Suzy or whatever they want to call themselves. Well, I think you're all too intelligent to fall for that fantasy. The reality is in those photographs you looked at. Those people weren't murdered by any alter egos. They were all deliberately, calculatedly, cruelly murdered by the defendant sitting at that table, Ashley Patterson. Ladies and gentlemen of the jury, what the defense has tried to do in this court has been tried before. In Mann Versus Teller, Mann Versus Teller, the decision was that a finding of MPD does not, per se, require a finding of acquittal. In the decision was that a finding of MPD does not, per se, require a finding of acquittal. In United States Versus Whirley, United States Versus Whirley, a nurse who murdered a baby pleaded that she had MPD. The court found her guilty. a nurse who murdered a baby pleaded that she had MPD. The court found her guilty.
"You know, I almost feel sorry for the defendant. All those characters living in that poor girl. I'm sure none of us would want a bunch of crazy strangers moving around inside us, would we? Going around murdering and castrating men. I'd be scared."
He turned to look at Ashley. "The defendant doesn't seem scared, does she? Not too scared to put on a pretty dress and comb her hair nicely and apply makeup. She doesn't seem scared at all. She thinks you're going to believe her story and let her go. No one can prove whether this multiple personality disorder really exists at all, so we're going to have to make our own judgments.
"The defense claims that these characters come out and take over. Let's see-there's Toni; she was born in England. And Alette; she was born in Italy. They're all the same person. They were just born in different countries at different times. Does that confuse you? I know it confuses me. I offered the defendant a chance to let us see her alters, but she didn't take me up on it. I wonder why? Could it be because they don't exist...? Does California law recognize MPD as a mental condition? No. Colorado law? No. Mississippi? No. Federal law? No. As a matter of fact, no no state has a law confirming MPD as a legal defense. And why? Because it state has a law confirming MPD as a legal defense. And why? Because it isn't isn't a defense. Ladies and gentlemen, it's a fict.i.tious alibi to escape punishment...." a defense. Ladies and gentlemen, it's a fict.i.tious alibi to escape punishment...."
"What the defense is asking you to believe is that there are two people inside the defendant, so no one bears any responsibility for her criminal actions. But there is only one defendant sitting in this courtroom-Ashley Patterson. We have proved beyond a shadow of a doubt that she is a murderer. But she claims she didn't commit the crimes. That was done by someone else, someone who borrowed her body to kill innocent people-her alters. Wouldn't it be wonderful if we all had alters, someone to carry out anything we secretly wanted done that society doesn't permit? Or maybe not. Would you like to live in a world where people could go around murdering others and say, 'You can't touch me, my alter did it' and 'You can't punish my alter because my alter is really me'?
"But this trial is not about some mythical characters who don't exist. The defendant, Ashley Patterson, is on trial for three vicious, cold-blooded murders, and the state is asking the death penalty. Thank you."
Mickey Brennan returned to his seat.
"Is the defense ready to present its closing argument?"
David rose. He walked to the jury box and looked into the faces of the jurors, and what he saw there was disheartening. "I know that this has been a very difficult case for all of us. You've heard experts testify that they've treated multiple personality disorder, and you've heard other experts testify that there is no such thing. You're not doctors, so no one expects you to make your judgment based on medical knowledge. I want to apologize to all of you if my behavior yesterday seemed boorish. I yelled at Ashley Patterson only because I wanted to force her alters to come out. I've talked to those alters. I know they exist. There really is an Alette and a Toni, and they can control Ashley anytime they want to. She has no knowledge of committing any murders.
"I told you at the beginning of this trial that for someone to be convicted of first-degree murder, there has to be physical evidence and a motive. There is no motive here, ladies and gentlemen. None. And the law says that the prosecution must prove a defendant is guilty beyond a reasonable doubt. I'm sure you'll agree that in this case, there is is a reasonable doubt. a reasonable doubt.
"As far as proof is concerned, the defense does not question it. There are Ashley Patterson's fingerprints and traces of DNA at each of the crime scenes. But the very fact that they are there should give us pause. Ashley Patterson is an intelligent young woman. If she committed a murder and did not want to be caught, would she have been stupid enough to leave her fingerprints at each one of the scenes? The answer is no."
David went on for another thirty minutes. At the end, he looked at their faces and was not rea.s.sured. He sat down.
Judge Williams turned to the jurors. "I want to instruct you now on the applicable law to this case. I want you to listen carefully." She talked for the next twenty minutes, detailing what was admissible and allowable by law.
"If you have any questions, or want any part of the testimony read back to you, the court reporter will do so. The jury is excused to go deliberate. Court is adjourned until they return with their verdict."
David watched the jury file out of the box and into the jury room. The longer the jurors take, the better our chances, The longer the jurors take, the better our chances, David thought. David thought.
The jurors returned forty-five minutes later.
David and Ashley watched as the jurors filed in and took their seats in the jury box. Ashley was stone-faced. David found that he was perspiring.
Judge Williams turned to the jury foreman. "Have the jurors reached a verdict?"
"We have, Your Honor."
"Would you please hand it to the bailiff."
The bailiff carried the piece of paper to the judge. Judge Williams unfolded it. There was not a sound in the courtroom.
The bailiff returned the paper to the jury foreman.
"Would you read the verdict, please?"
In a slow, measured tone, he read, "In the case of The People of the State of California Versus Ashley Patterson, The People of the State of California Versus Ashley Patterson, we, the jury, in the above ent.i.tled action, find the defendant, Ashley Patterson, guilty of the murder of Dennis Tibbie, a violation of Penal Code Section 187." we, the jury, in the above ent.i.tled action, find the defendant, Ashley Patterson, guilty of the murder of Dennis Tibbie, a violation of Penal Code Section 187."
There was a gasp in the courtroom. Ashley shut her eyes tightly.
"In the case of The People of the State of California Versus Ashley Patterson, The People of the State of California Versus Ashley Patterson, we, the jury, in the above ent.i.tled action, find the defendant, Ashley Patterson, guilty of the murder of Deputy Samuel Blake, a violation of Penal Code Section 187. we, the jury, in the above ent.i.tled action, find the defendant, Ashley Patterson, guilty of the murder of Deputy Samuel Blake, a violation of Penal Code Section 187.
"In the case of The People of the State of California Versus Ashley Patterson, The People of the State of California Versus Ashley Patterson, we, the jury, in the above ent.i.tled action, find the defendant, Ashley Patterson, guilty of the murder of Richard Melton, a violation of Penal Code Section 187. We, the jury, in all the verdicts, further fix the degree at first degree." we, the jury, in the above ent.i.tled action, find the defendant, Ashley Patterson, guilty of the murder of Richard Melton, a violation of Penal Code Section 187. We, the jury, in all the verdicts, further fix the degree at first degree."
David was finding it difficult to breathe. He turned to Ashley, but he had no words. He leaned over and put his arms around her.
Judge Williams said, "I would like to have the jury polled."
One by one, each juror stood up.
"Was the verdict read, your verdict?"