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The Trial of Jordan Colmar - 6. Chapter 6: Rebuttal

Here is the Prosecutor's response to the defense closing. Typically my closing would be a LOT longer than this, but for the sake of the story, I did my best to keep it to the necessary bits.

Martin added a couple of notes and stood up. Time to undo the spin Rankin put on things.

"Ladies and Gentlemen, we're almost at the end. I know that must make some of you quite happy." He noted a couple nods from the jurors. "Because I have the burden of proving to you beyond a reasonable doubt that Jordan Colmar committed this terrible crime, I get the chance to address you last.

"You heard a number of things from defense counsel, but, as you've already been told, nothing he nor I say is evidence, it is just us telling you what we believe the evidence means. The ultimate decision rests with you.

"So why am I going to take some time to discuss the testimony some more? Because I see the evidence presented in this case very differently from Mr. Rankin, and I'd like to offer you an alternative theory of what the evidence means."

Moving closer to his pad, he adjusted his left cuff link again.

"Defense counsel told you that there were only two witnesses who testified truthfully about what happened on Oct 7, 2011; Jordan Colmar and Warren Berimen. He wants you to believe that everyone else was either honestly mistaken or outright lying to you. Let me suggest to you that he got that entirely backwards. The only people who were not being honest, were the defendant, Jordan Colmar and his friend, Warren Berimen."

A couple of heads nodded, and he took a step back to get a better view of all the jurors. "Let me start my review of the witnesses with Officer Bennett. Here's an officer who the defense wants you to believe is a promotion hungry, doesn't care who he hurts in the process, cop. What is that based on? Officer Bennett was out of his patrol area at the time of the assault. That's all.

"The defense wants you to believe Officer Bennett fabricated his testimony to cover for his being out of his patrol area. They want you to ignore all the evidence I've presented that supports his version of events and to assess his credibility on one small facet of his actions. Ladies and gentleman, that's smoke and mirrors, sleight of hand, a ruse to hide the truth."

Calm and relaxed, he settled into his zone. This was his stage and he wanted all his efforts targeted to the small audience in front of them. A slight move to his right and he drew their attention back to him.

"The most obvious and easiest reason to reject the defense contention is Chief Anderson. The Chief told you that his officers are encouraged to remember that their primary mission is to serve and protect. He doesn't want blind obedience if following the book would result in unnecessary harm to those he and his officers are sworn to protect. If Officer Bennett had been out of his area and no crime occurred, he would not have been reprimanded, if he had a justification for his actions. Checking out something suspicious is the kind of thing Chief Anderson encourages his officers to do all the time. So the idea he had a motive to lie holds no water. Officer Bennett did nothing he would be reprimanded for. He had no reason to lie and he knew it.

"But let's look even deeper into the accusation that Officer Bennett fabricated his testimony. Remember the sequence of events. Officer Bennett called for backup when he saw something he didn't like. Then he broke up the assault. When he reached Peter's side, he immediately called for an ambulance. Before he left the scene, before he spoke to his fellow officers, before he checked to see if there was video footage, Officer Bennett spoke to the Detective Belle and gave a statement about what he saw. In that statement, he said Jordan Colmar stomped and kicked Peter Gregory."

He nodded to reinforce what he said. "The defense wants you to believe that despite knowing there were other officers in the area, some who might have seen what happened, Officer Bennett made up testimony on the spot to further his career." Martin snapped his fingers. "Just like that, they want you to believe the lights went on for Officer Bennett and he thought, 'wow, here's a great chance to further my career by implicating six people not five.' That, in that instance after he stopped a vicious attack, he decided to embellish his testimony. That somehow, in his mind, six convictions would be better than five."

He paused and snapped his fingers again. "Just that quick. Is that scenario believable? Is the mere suggestion from defense counsel enough for you to believe Officer Bennett lied from the start? What was there in Officer Bennett's testimony that would suggest to you that he was lying? He didn't hide the fact that he was out of his area; didn't hide that he'd put in for a promotion; he wasn't impeached; he didn't back pedal or change his testimony. In short, his was the testimony of a man being honest. He told you exactly what he saw that day."

Stepping left, he resisted the urge to check his notes. He knew the arguments, looking would only suggest he didn't believe them as fervently as he did.

"Even if we assume he was as callous and calculating as the defense wants you to believe, the idea that he'd risk his entire career just to get six convictions instead of five is ridiculous. It makes no sense. He would assume that he was already in line for a commendation just for stopping the assault. Why would he risk that by lying?" Martin shook his head slowly. "Nothing about the defense suggestion that he made up Jordan's involvement makes sense. All you have to go on to suggest he was lying to you, was the self serving testimony of Jordan Colmar.

"Ladies and gentlemen, Officer Bennett is an honest, decent man, and a good officer, the type you and I want protecting us. He told you exactly what he saw that day, and he had no motive to lie. In short, you can credit his testimony and believe what he said."

Taking a moment to let his words sink in, he scanned his pad for his next point. Stepping away, he faced the jurors, trying to look as serious as he felt.

"Jason Tellerman was next in the defense crosshairs. To them, he was a vindictive, ex-friend still mad about Jordan outing him to the world. So mad, he was willing to take the stand and commit perjury, just to see Jordan get in trouble. Did defense counsel see the same Jason Tellerman testify that we did?" He motioned between the jurors and himself.

"The young man who took the stand didn't offer too much about the event of October 7, 2009. He spoke to you about events that occurred months prior. If he really wanted to make Jordan pay for something why not say he saw the attack? I mean according to defense counsel, he's a vindictive, cold, calculating liar out for vengeance. So why didn't he tell the police he saw what happened? Because he wasn't lying. He told them only what he knew and nothing more.

"Jason's account of what happened in January 2009, when Jordan first confronted Peter Gregory is the same as Darryl Minger's and Wendy Herbert. So where was the lie? Where was the deception? What was there in the evidence that compels you to believe that the young man who," he pointed to the witness box, "took that stand and told you what he remembered, was a liar? There isn't any. Jason Tellerman, mad as he was at Jordan Colmar, never told you something that wasn't true. There is nothing in the evidence you heard that contradicts him, expect the self serving testimony of Jordan Colmar."

Nodding slowly, he took a step back. "With Peter Gregory, the defense took a different tact. With him, they want you to believe he's honestly mistaken. That's kinder than what they said about Officer Bennett and Jason Tellerman, but it is no more true and no more supported by the evidence.

"In looking into what the defense suggests, I ask, where's the proof? Where's the evidence to support the suggestion? Is there any evidence or is this more spin? The defense says the proof is in the medical records. Really? Did you hear Doctor Bowden say Peter Gregory suffered from memory loss? That he was susceptible to suggestion? I didn't and neither did you. We didn't hear that type of testimony, because it wasn't true. If Peter had memory loss or could be easily swayed by someone as a result of his injuries, why didn't the defense ask those questions of Doctor Bowden? He was here, in court, testifying about Peter's injuries. Wouldn't you think that if that was an important fact, they'd ask the treating physician?

"Instead of a medical opinion from the treating doctor, the only time you heard that Peter was susceptible to suggestion came from the defense counsel in closing argument. That's not evidence; it's spin. Once upon a time that type of spin only came from the mouths of a snake oil salesman, and we all know how valid those claims were."

Noting a few smiles and more nods, he knew he'd said enough.

"So far, with three witnesses, we have," he held up both hands parallel to each other, "the uncontroverted testimony of Officer Bennett, Jason Tellerman and Peter Gregory." He raised his right hand. "And the unsupported arguments of defense counsel."

Marin lowered his left hand, shrugged at the jurors, and moved back toward counsel table to look at his pad.

"Into this mix we have dueling co-defendants. On the one side, there is Edward Portman, testifying for the government: on the other, Warren Berimen, testifying for the defense. Edward told you Jordan was involved; more than involved, he organized the attack. On the other side; Warren Berimen testified that Jordan had no part in the attack, it was all Edward Portman. Who do you believe?

"Defense counsel, naturally, suggests you believe Warren Berimen told the truth and Edward Portman lied. It might come as a shock to you, but I'm going to suggest the opposite."

There were smiles all around the jury box and a few laughs. Martin smiled with them.

"Looking at the testimony of both young men will help you understand why my spin is better than Mr. Rankin's. Let's take Edward Portman first. He told you quite clearly that Jordan Colmar was the mastermind behind the attack: that Jordan came flying into his frat house, grabbing his fraternity brothers to help him go teach the 'fag who assaulted me' a lesson. Mr. Portman told you that he joined the defendant, grabbing a bat on the way out: that the six of them ran toward the field house where Jordan said he'd last seen Peter Gregory, and that it was Jordan Colmar who told everyone where to stand and when they should attack."

Behind him he heard whispered voices, one of which he recognized as Jordan Colmar. Pushing the sound aside, he kept his focus.

"He told you this wasn't the first time Jordan tried to organize 'pay back' as he called it. Edward Portman was also very forthright in his motivation to cooperate; he hoped to get leniency at his sentencing.

"Here again, it is the sequence of events that is so important in accessing credibility. Edward Portman agreed to cooperate before he knew all the government evidence. Yes, he'd heard the evidence presented at the preliminary hearing, but he didn't know all that we knew. It's an old law enforcement trick; withhold information to test the witness's truthfulness.

"Remember too, Mr. Portman has no guarantees on his sentence. He entered a plea and agreed to testify if called at trial. After that, his fate is in the judge's hands. There is no requirement for a conviction, no requirement that he even testify. His deal was built on his willingness to testify if needed.

"Now, if all I presented was Edward Portman testimony, I'd have a hard time looking you all in the eye and telling you I'd proven beyond a reasonable doubt that Jordan Colmar was guilty. His credibility is suspect to a point; he's trying to shorten his sentence. But remember, he admitted to his role in the attack. He was, as the defense said, the worst of the six. He had the bat. During his testimony, he never denied or minimized his role, never told you that Jordan somehow manipulated him into doing something he otherwise wouldn't have done. He took responsibility for his actions and told you what his co-defendant, Jordan Colmar did. His story never changed, he wasn't tripped up, nor did he pull back from his testimony. The only evidence that contradicts his, is Warren Berimen and the self serving statement of Jordan Colmar."

Scanning the jurors, he made sure he still had their attention. Satisfied he wasn't boring them, he continued.

"The only evidence that contradicts everyone else’s, is Warren Berimen and Jordan Colmar’s. Let's start with Mr. Berimen. Warren Berimen entered a plea and admitted to his role in the attack on Peter Gregory. He also told the judge that Jordan Colmar ran into the fraternity house, gathered his fraternity brothers, took them to the field house and organized the ambush. You heard him say those were the facts he admitted to when he took the plea. At the time of his plea, Warren Berimen was under oath. He was asked specifically if each of those facts were true and he said yes. At his sentencing, he asked for leniency and it was denied.

"But, when he testified in court, also under oath, he told you a very different story. He told you Jordan wasn't involved, that it was Edward Portman who organized the attack and that, yes, Jordan Colmar tried to help Peter Gregory.

"One of those stories can't be true. As I said a few minutes ago, defense counsel asks you to believe the one Warren Berimen told you from the stand. This time, I'm not asking you to believe the opposite of what defense counsel said, I'm asking you to credit nothing Warren Berimen said. How can you? He's lied under oath. You shouldn't believe anything that comes out of his mouth.

"Defense counsel says you should credit him when he said that he lied at his plea, but he was telling the truth in court. The defense wants you to believe Warren Berimen lied under oath in an attempt to get a shorter sentence. They also want you to believe that he felt terrible that an innocent man, his friend and fraternity brother, Jordan Colmar, was being accused of a crime he didn't commit."

Martin nodded slowly then shook his head. "Warren Berimen can't be trusted to tell anyone the truth. But, if we had to decide which version was correct, look deeper at the facts. When you do, you'll see that the story Warren Berimen told you when he testified, is just that, a story; total fiction.

"Now, I realize you expect me to say that because his testimony conflicts with what I've said happened on October 7, 2009. But ask yourselves this when you go back to deliberate and you review Warren Berimen's credibility. If he felt so guilty, why didn't he contact the detectives investigating this case? Why didn't he come forward sooner? Why did he refuse to meet with me when I tried to speak to him before he testified? Why did he and the defense wait until he was on the stand to have him tell his 'story'? If the story he was going to tell was the truth, what did he have to hide? Why wouldn't he want those facts known as soon as possible to prevent a miscarriage of justice?

"The answer to all those questions is the same; he didn't want me to have time to investigate his story. Warren Berimen didn't want to give the Commonwealth the chance to discredit his made up account. He waited until he got on the witness stand to change his story."

Spreading his hands, he held them away from his body. "Does that sound like someone who felt terrible about an innocent man possibly being convicted? Does that sound like the testimony of a man who's telling the truth? Does it sound like the testimony of someone who had nothing to hide? Or does it sound like the testimony of someone who doesn't want to give anyone a chance to dig too deep into what he's saying, because he knows it won't survive under close scrutiny?"

Walking back to the table, he ignored all the rules that said never turn your back on the jury. Two steps before the table, he spun about, drawing all eyes to him. "Here's something else to think about when you consider just how truthful Mr. Berimen was when he testified; he only changed his story after numerous visits from Jordan Colmar. The defense wants you to believe that it was these personal pleas from the defendant to do the right thing that convinced Warren Berimen to come forward and tell the truth.

"But doesn't it seem more likely that Mr. Berimen changed his testimony so he could stick it to the Commonwealth? You heard him talk about what happened at his sentencing. He noted that even though I only asked for the agreed upon time, I said any number of terrible things about him. The implication was, I didn't do enough to make sure his sentence didn't exceed the agreed upon limit.

"Ladies and Gentlemen, Warren Berimen was angry at the length of his sentence. Angry at the District Attorney's Office and me personally for not making sure his sentence was shorter. Angry enough that when Jordan Colmar shows up, Mr. Berimen is eager to do whatever he can to stick it to me and the government.

"Of course, all of this would be rank speculation if he hadn't remained silent. Had he truly believed the defendant was innocent, it wouldn't have taken six visits from the defendant to convince Mr. Berimen to change his story. How can you believe such a witness? The answer is you can't. Warren Berimen wouldn't know the truth if he stepped on it. He's just not a credible witness.

"The other witness for the defense was the defendant. Jordan Colmar's testimony was smooth, polished, rehearsed, and totally made up.

Reaching for his pad, he picked it up and set it down. Time for the main course.

"First, the defendant wants you to believe he was sorry he outed his best friend. That, in his words, 'almost immediately after' he outed Jason Tellerman, he regretted the act. If that were true, why did he find it necessary to out Jason to their high school soccer coach? Does that sound like someone who regretted his decision? Of course it doesn't.

"Jordan Colmar never changed. Months after he supposedly regretted outing his one-time best friend, the defendant was still telling people who knew Jason that Jason was gay. You heard Coach Williams, Jordan Colmar seemed disappointed when the news didn't have the desired effect. Coach Williams didn't care Jason was gay, and when he said 'so what', Jordan repeated himself, saying Jason Tellerman was a 'fag'."

A juror near the end of the first row cringed at the last word. He considered toning it down a notch, but decided passion was better than caution.

"Now, Jordan Colmar denied saying this to Coach Williams. According to the defense, Coach Williams was lying, but Jordan was telling the truth. Seems like the common theme here; everyone is lying, except poor Jordan Colmar. Ask yourselves what motive Coach Williams had to make up his testimony? Would he gain anything from such testimony one way or the other? Was there any evidence that Coach Williams had anything against Jordan? It's clear Coach Williams had no motive, gained nothing from his testimony and there was nothing to suggest he didn't like Jordan Colmar."

His voice was noticeably louder, held more emotion. Several jurors sat up as he moved side to side to make eye contact with each of them.

"Then ask yourselves what motive does Jordan Colmar have to lie? What does he gain by lying? Let's be clear, Jordan Colmar has a motive to mislead you; he's facing over a hundred years in jail if he's found guilty. His entire defense is built upon the foundation that not only was he sorry he outed Jason Tellerman, he still thought of him as a good friend and that when he saw Peter Gregory being attacked by his fraternity brothers, he attempted to help his best friend's boyfriend.

"If you don't believe he regretted outing Jason and you believe he was still doing it months later, then it makes it difficult to accept Jordan cared so much about his ex-best friend that he would risk his own life to save Jason's boyfriend. So he needs you to believe he is telling the truth and Coach Williams and others are lying. But don't believe it. Jordan Colmar didn't say much you should credit.

"Remember how he told you he wasn't part of the group that attacked Peter? The video showed otherwise. The defense wants you to believe the video is too small, too fuzzy to be accurate, but Officer Bennett walked you through what was on the tape. He was there. He saw everything as it unfolded." He picked up a blown up frame from the video, mounted on a white poster board. Remember this exhibit? "Officer Bennett circled the person he told you was Jordan. Then he explained who was who and where everyone was in that video. This was Jordan," he pointed to a red circle, 'and here is Peter Gregory." He tapped a blue circle. "Note how close they are to each other.

"In addition, Peter Gregory told you it was Jordan Colmar who confronted him, who spoke to him just before the assault took place. Another fact Jordan Colmar denies.

"And there is more. Edward Portman explained what was happening on the video. He was there too." He picked up an identical blow up, this one marked up by Edward Portman. Holding them side by side, he said, "He showed you where he was, where the others were and where Jordan Colmar was. Exactly where Officer Bennett and Peter Gregory said Jordan Colmar was standing. But Jordan Colmar wants you to believe they are all lying, needs you to believe they are lying.

"Ladies and gentlemen, you the jury, are the sole decider of who is a credible witness and who is not. When you go back to deliberate, ask yourselves, what motive did Officer Bennett and Peter Gregory have to select Jordan Colmar out of all the people there? Why would they accuse him of something he didn't do? Why would Edward Portman agree to plead guilty and testify against his friend?

"Remember, for the defense case to make sense, you have to believe that," he started ticking off the points with his fingers, "Officer Bennett lied the day of the assault; Peter Gregory lied five days later when he spoke to the detectives and Edward Portman lied when he took full responsibility for what he did. Basically you'd have to believe that each of these three people, without talking to each other, at different times, decided to blame Jordan Colmar for a crime he didn't commit. That one person might do such a thing is hard to imagine, but three different people with no connection? It's the greatest single coincidence of all time. It's an awful lot to swallow in order to believe Jordan Colmar is telling the truth."

Placing the two pictures back on the table, he moved closer to the jury box.

"Let me leave you with two more thoughts. First, if Jordan Colmar was trying to save Peter Gregory, what did he do? He admitted he was standing close to Peter Gregory at the time of the attack, but he didn't bend down to help him up, didn't push anyone away, didn't shield Peter's body with his own. What did he do? According to him, he begged his fraternity brothers to stop. Conveniently, the one thing the video didn't include was audio. It was the only thing he could testify that he did that couldn't be contradicted by the video. Funny how that worked out, isn't it.

"And speaking of coincidences, Peter Gregory is attacked by members of Phi Delta Kappa fraternity; Jordan Colmar's fraternity. According to Peter Gregory, the only person in Phi Delta Kappa he’d had any issues with in the past, was Jordan Colmar. The only member of Phi Delta Kappa arrested that night, who denied he was involved, was Jordan Colmar.

"So, on the night his fraternity brothers decide – on their own, for no discernible reason – to attack Peter Gregory, Jordan Colmar - the only member of the fraternity to have had any prior contact with the victim – happened upon the attack and tried to help the boyfriend of his ex-best friend."

He resisted the urge to roll his eyes. Being disrespectful wouldn't help him convince the juries he was right.

"Or was what really happened, that Jordan Colmar, angry that he lost his best friend, angry that his attempts to ruin Jason Tellerman's life failed, angry that most of his friends sided with Jason, and angry that he was humiliated by Peter Gregory when he tried to punch him, decided to lash out at who he perceived was the cause of his misfortunate: Peter Gregory. So he plotted, and he waited for the perfect opportunity. October 7, 2009, was that perfect time.

On October 7, 2009, Jordan Colmar spotted Peter Gregory alone, away from his motorcycle, searching the campus for Jason Tellerman. Using the opportunity, he gathered his fraternity brothers and organized the assault. Then, like the coward he is, Jordan Colmar let the others knock Peter down before he began to stomp and kick at the unconscious body.

"He never tried to help Peter, he never tried to stop the assault. Jordan Colmar plotted, organized and helped carry out the attack on Peter Gregory. He did it because he didn't like gay people, and he specifically didn't like Peter Gregory for 'turning his best friend gay'. This was a pre-planned attack carried out with a cold determination and complete disregard for human life.

"Ladies and Gentlemen, don't buy what Jordan Colmar and his lawyers are trying to sell you; don't buy the snake oil. Jordan Colmar was the mastermind behind the attack; Jordan Colmar was the one who lured Peter Gregory into position, so his fraternity brothers could attack; and Jordan Colmar was an active participant in the beating once Peter Gregory was hit from behind with a bat.

"This was a Hate Crime, it was an ambush, and it happened at the direction of Jordan Colmar. After you review all the evidence, there is only one verdict you can reach; Jordan Colmar is guilty of all charges against him stemming from the attack on Peter Gregory on the night of October 7, 2009, on the Graydon University campus. I trust that when you return your verdict, you will find Jordan Colmar guilty on all counts.

Thank you."

His hand automatically twisted the top button, opening his suit jacket. A hand squeezed his right arm, the most Dan could do until the jury retired.

It was done. Over. Did he miss anything? Had he done enough? Was there more he could have presented or said? Lost in these thoughts, he barely heard Judge Milton instruct the jury. He'd heard the instructions so many times, he almost knew them by heart.

Still mulling his closing, he barely heard the judge's question.

"No, your honor, there are no other instructions I'd like given. I am satisfied." Stupid formality. Prior to closing he and Rankin went over what instructions the court would give and what he wouldn't. Objections were made by the defense, noted and preserved.

"Other than the arguments I heard prior, Mr. Rankin, are there any instructions you wish given?"

Rankin stood, noticeably less confident than when the trial started. Next to him Jordan looked pale, eye darting, picking at the edge of his pad. "Other than the arguments we made earlier, there is nothing else from the defense."

"Then with that ladies and gentlemen, I'll let the bailiff take you back. I suggest you take a break before you begin, there was a lot of evidence and you might need some time to digest it all. Get a drink, maybe a snack and be back in the jury room no later than one o'clock. Remember, you may not deliberate unless all members of the jury are present. Do not discuss the case in small groups or amongst yourself unless the entire jury is participating. You must reach a unanimous decision. Should you have any questions, the bailiff or someone from that office will be nearby. Give them your written questions, and I'll get back to you after I've spoken to the lawyers."

Martin stood as the jury retired to deliberate. Now came the hard part; waiting. He was helpless, unable to do anything to affect the process.

"Counsel," Judge Milton's voice brought his eyes forward. "Please leave your cell numbers with the clerks. You, Mr. Colmar, stay close to your attorney. If the jury has a question or a verdict, I need you here as well. Should the lawyers be here and you are not, I will send the deputies to get you and you know where I'll put you until the trial is over. Are we clear?"

Jordan nodded and swallowed loudly. "Yes…yes...your honor."

"Good."

"All rise!" The bailiff’s voice boomed. "This honorable court is in recess."

***

Everyone was gathering the papers when Rankin walked around the lectern, approaching Martin.

"Counsel," Rankin nodded to Dan and the others, before settling his gaze on Martin. "Well tried, Mr. Pratner."

"Well done to you as well, Mr. Rankin." Extending his hand, he didn't have to wait long for opposing counsel to accept. "Martin is fine now that the trial is over. You and your team certainly put on a spirited defense. I hope the jury didn't believe it."

Rankin laughed, and for once he seemed genuine. "Thank you, Martin, but forgive me if I hope they do buy it."

"Understood." The niceties of court having been met, Rankin went back to his client, and led him and his family out the back door.

"Prick," Dan mumbled. "Still don't like him."

"Me neither, but it costs nothing to be polite." Martin didn't feel as calm as he sounded. "Mary, can you get Peter and his family and the others, and bring them to the office."

"Already ahead of you, boss." Mary smiled, but rolled her eyes at him. "Joshua and Bud were told to take them there once the proceedings ended. They're probably waiting for us now."

Shaking his head, he grinned. "Why do I ever doubt you?"

"Alan, why don't you and Mary go on ahead, we'll be with you in a few minutes." Dan nodded to the pair. After two weeks of trial, Martin noted Mary didn't look for confirmation before listening to Dan. He struggled to contain the smirk.

"Yes, Counselor Hember, you clearly wanted to speak to me in private."

"Indeed, but let's go somewhere the court recording system can't hear what we're saying."

Martin noted that Freeman and Hicks waited patiently. Be glad when they aren't my shadows. "You two can go have lunch, nothing’s going to happen now."

"Sorry, sir. Sheriff Ghegahn said until further notice." Hicks shrugged, letting Martin know this wasn't up for discussion. Not that he'd ask them to get on Ghegahn's bad side.

Not waiting for the door to the witness room to close, Martin plunked down on one of the hard molded plastic chairs. "So, my esteemed colleague, what have you to say?"

"That it was my honor and privilege to work with you." Dan held out his hand, smiling broadly. "Start to finish, you did a marvelous job. My only question is how long the jury will be out before they convict the little shit."

"You really don't like him, do you?" Martin motioned for Dan to sit.

"After my firm rejected him as a client, Hank Colmar tried to bad mouth us to other corporate clients. Not that he was successful, but it rankles me and the partners that someone who had no relation to the firm was pissed we declined to represent his son, because it was a conflict of interest with a major client. Hell, even if Ray Henry didn't ask us to help out, we'd have had to decline. Our ties to him and his family would have disqualified us the moment Jason became a witness."

"How's that?" Martin adjusted his tied and sat back.

"Our firm is the trustee of his trust." Dan shrugged. "Not much chance we'd ditch Ray Henry and family for a piss poor case like that one. It's no wonder he had to hire a defense lawyer from Philly to take the case. This county is far enough removed from Philly that the fallout from losing won't touch Rankin or his firm."

"Thank you all the same. I don't think we'd have won without you and your firm's help." He'd really need to thank Raymond Henry after this was over.

"Bull dung!" The older man laughed. "You'd have still wowed them on a shoe string budget. We just helped level the field a bit."

"All the same, I'm going to be disappointed when you appear as opposing counsel." That would be a difficult case to try should it happen.

Shaking his white hair, Dan slapped both knees. "Not going to happen. I'm retiring from litigation after this case. Ten years away from being the prosecutor, and this reminded me why I always loved that job best. From now on, I'm going to focus on the Henry Family Foundation and running a certain deputy D.A. campaign to become District Attorney."

His brow furrowed, and he had to fight to keep his mouth shut. "Come again?"

"We both know you're running, and we both know your boss is going to endorse you when he retires this year. I've signed on to be your campaign manager. The way I see it, if we get you on both the Republican and Democratic ticket, you're a shoe in to win. Just leave the details to me. You're a good man, Marty, one I want protecting my family."

Speechless, he stood up and nodded. "Thank you, but let's see how we do with this case before you go signing on to be my manager. Wouldn't be a compelling indictment of my candidacy if I lose."

"Ha! We're not going to lose." He clapped Martin on the shoulder. "It's just a matter of how long will they be out, and if they convict him of all the charges."

"I hope you're right."

Sorry to all who were hoping for the verdict. I ran out of time and this chapter was long enough. On the plus side, I've gotten almost of the last chapter written and just need to finish it, clean it up and send it off. Should be posted by next Sunday, so don't hang me in effigy just yet, please.

Also, this is almost you're last chance to comment before I reveal the verdict so - fire away if you dare. :P
Copyright © 2011 Andrew Q Gordon; All Rights Reserved.
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Stories posted in this category are works of fiction. Names, places, characters, events, and incidents are created by the authors' imaginations or are used fictitiously. Any resemblances to actual persons (living or dead), organizations, companies, events, or locales are entirely coincidental.
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Looks like you worked hard on that closing Andy! Good Job!

 

Of course, I'd convict in a heartbeat. Getting twelve jurors to agree on anything is like herding cats. But I think your prosecutor did a good job of refuting the spin put on by the defense. Still, I wouldn't be surprised if it was a split decision with our wiley defendent found guilty of some but not all counts.

 

I guess I'll just have to wait for the verdict.

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On 10/27/2011 04:33 AM, Daddydavek said:
Looks like you worked hard on that closing Andy! Good Job!

 

Of course, I'd convict in a heartbeat. Getting twelve jurors to agree on anything is like herding cats. But I think your prosecutor did a good job of refuting the spin put on by the defense. Still, I wouldn't be surprised if it was a split decision with our wiley defendent found guilty of some but not all counts.

 

I guess I'll just have to wait for the verdict.

Writing out a closing loses some of it's impact. The movement, the inflection all of these show the jurors how you really feel about the case. It is - IMHO - the passion you bring that can sway an unsure jury. Of course if you have nothing, you can be as passionate as you like and not win, but I think had enough to try and plant a few seeds of doubt. Did it succeed? Mums the word right now.

 

Thanks for the review and - GO RED BIRDS!!!

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Sorry about my review on the previous chapter, I had a 'doh' moment and clicked on add review without typing anything.

Good closing statement from the prosecution and I can't wait to read to jury's verdict. I've got the lighter and effigies ready just in case it's not the verdict I want :P

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Great closing argument. I've loved the entire trial and it reminds me of the lure becoming an attorney once had for me - too bad all the negatives outweighed the moments like the one in this chapter. Spinning this off into its own story was absolutely perfect. It allows us to focus solely on the legal aspects of the case outside of the Second Shot story line and gives this the attention it so richly deserves. Add in that you're dealing with a new addition to the house, well that just makes it even better.

 

Just wait though...writing only becomes more difficult the older they get.

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Great closing argument by the prosecution. I like to think that the defense doesn't have a chance in this one, but I guess I'll have to wait and see :D

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On 10/27/2011 05:07 AM, Percivial said:
Sorry about my review on the previous chapter, I had a 'doh' moment and clicked on add review without typing anything.

Good closing statement from the prosecution and I can't wait to read to jury's verdict. I've got the lighter and effigies ready just in case it's not the verdict I want :P

Geez, Perc - doesn't having a new born count as torture enough? :blink: Glad you liked it, closings are both easy and hard. Half the time I have my 'closing' mapped out before the trial. Then I try to fit the evidence in that I know is out there to the desired argument. Then when the defense case mucks up things, I do my best work on rebuttal. Hopefully I . . . err. . . Martin did a good job here and the jury buys his side of things. :P
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On 10/27/2011 05:25 AM, dkstories said:
Great closing argument. I've loved the entire trial and it reminds me of the lure becoming an attorney once had for me - too bad all the negatives outweighed the moments like the one in this chapter. Spinning this off into its own story was absolutely perfect. It allows us to focus solely on the legal aspects of the case outside of the Second Shot story line and gives this the attention it so richly deserves. Add in that you're dealing with a new addition to the house, well that just makes it even better.

 

Just wait though...writing only becomes more difficult the older they get.

Dan,

 

Yeah this so didn't feel like part of the story, though at first I was going to make it part of it. It just felt easier and more engaging to write the trail from the perspective of a participant not an observer.

 

And please, don't say it gets harder, right now sh barely goes sn hour plus before waking up during the day lol. This is hard enough.

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"Let's be clear, Jordan Colmar has a motive to mislead you; he's facing over a hundred years in jail if he's found guilty."

 

So basically a life sentence. Wow, I knew it would be a lot of time, but I never really figured it would be that much. Remind me not to assault any straight people anytime soon, LoL.

 

"that Jordan Colmar, angry that he lost his best friend, angry that his attempts to ruin Jason Tellerman's life failed, angry that most of his friends sided with Jason, and angry that he was humiliated by Peter Gregory when he tried to punch him, decided to lash out at who he perceived was the cause of his misfortunate: Peter Gregory."

 

Well yeah, from watching L&O, it seems like motive is one of the key elements of the crime that McCoy always looked for. Why else would Jordan do this if he wasn't so completely blinded by his hatred of Peter.

 

Again, putting my own personal feelings aside (which is why I would never be allowed to serve on that jury), I would convict Jordan in a heartbeat. Yeah right, he was trying to "help" Pete. And I'm the Pope I guess.

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On 10/27/2011 05:34 AM, intune said:
Great closing argument by the prosecution. I like to think that the defense doesn't have a chance in this one, but I guess I'll have to wait and see :D
Thanks for the reading and commenting. Me personally, I'd agree that the defense doesn't have a chance, but the prosecutor has to convince all 12 jurors beyond a doubt - and while we talk about reasonable doubt, for the most part you have to convince them so they are sure the defendant did it. The defense on the other hand just has to make an argument that one juror will agree with. Now if the defense can't create a doubt in all 12, the trial has to go all over. So as you can, Martin's job is quite difficult and while it looks to most like a slam dunk, if even on says - hmm I think the defense has a point, well then no conviction and we pick 12 new jurors and go at it again.

 

Stay 'tuned' for the last chapter. :P

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On 10/27/2011 05:51 AM, TrevorTime said:
"Let's be clear, Jordan Colmar has a motive to mislead you; he's facing over a hundred years in jail if he's found guilty."

 

So basically a life sentence. Wow, I knew it would be a lot of time, but I never really figured it would be that much. Remind me not to assault any straight people anytime soon, LoL.

 

"that Jordan Colmar, angry that he lost his best friend, angry that his attempts to ruin Jason Tellerman's life failed, angry that most of his friends sided with Jason, and angry that he was humiliated by Peter Gregory when he tried to punch him, decided to lash out at who he perceived was the cause of his misfortunate: Peter Gregory."

 

Well yeah, from watching L&O, it seems like motive is one of the key elements of the crime that McCoy always looked for. Why else would Jordan do this if he wasn't so completely blinded by his hatred of Peter.

 

Again, putting my own personal feelings aside (which is why I would never be allowed to serve on that jury), I would convict Jordan in a heartbeat. Yeah right, he was trying to "help" Pete. And I'm the Pope I guess.

Motive is not an element of any crime, but it is something you can use to explain what happened. So for instance, if the video was crystal clear and you could see Jordan doing this and there had been no prior homophobic comments, the motive would be hard to image, but it wouldn't matter if the witnesses and the video showed him as the culprit.

 

But when a defendant gets on the stand and says I didn't do it, the jury kind of wants to hear a motive unless there is rock solid evidence of his guilt.

 

As for the time - remember the charge is attempted murder while armed and an enhancement for it being a hate crime. Generally enhancements for bias double the underlying crime. Just so you all know, PA does NOT have a hate crime bias enhancement anymore, the law was declared unconstitutional by the PA Supreme court, but I chose to 'pretend' it is still in existence for the sake of the story.

 

So assume murder carries life and attempted carries half that - which you can't quantify, so the law provides a number, and in this I case it is 40 years, Then there is the conspiracy count, also half the crime you conspired to committed, so again 40 years. Assuming the doubling under my fictitious hate crime law and you're up to 160 years. That's just two crimes. There is the weapons offense - even though he didn't wield the bat, he'd be guilt as a co-conspirator - so you see there is a LOT of time out there. Now, in this case the prosecutor would have charged lesser assault counts in case the attempt murder didn't stick and the jury would of course have to rule on each, but the court could only sentence on one of the same 'type of crimes' but still, there is well over 100 year out there.

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What a great abridgement of the closing argument/rebuttal. I heartily approve of the mini closing with the full statement in the rebuttal for the story. I was on the edge of my bed reading this tonight. The flow of the analysis through the primary witnesses was well done. There appeared to be the correct amount of almost sarcasm, with that showing through for the jury. A well crafted review of witnesses, the impact of credibility or lack thereof, and yes a wonderful analysis of each primary witness and the impact or lack thereof, on the case itself. Wow, I would love to sit in the back of one of your trials, and see you work in real life (but not for what is it 6-8 weeks). Best wishes to you and Baby Q. Life does change as they get older, but the stresses and time consumption changes, making life worth living! G (ps how do I give you multiple "likes" for this chapter?)

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Oh No! You're a Cardinals fan! And to think I thought you were perfect! tongue.png

 

Great great chapter! thumbsupsmileyanim.gif Your writing did convey a lot of the emotion coming from Martin - the video running in my head confirms that!

 

I'm now practicing the look I want on Jordan's face when the jurt convicts! specool.gif

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On 10/27/2011 12:15 PM, GeR said:
What a great abridgement of the closing argument/rebuttal. I heartily approve of the mini closing with the full statement in the rebuttal for the story. I was on the edge of my bed reading this tonight. The flow of the analysis through the primary witnesses was well done. There appeared to be the correct amount of almost sarcasm, with that showing through for the jury. A well crafted review of witnesses, the impact of credibility or lack thereof, and yes a wonderful analysis of each primary witness and the impact or lack thereof, on the case itself. Wow, I would love to sit in the back of one of your trials, and see you work in real life (but not for what is it 6-8 weeks). Best wishes to you and Baby Q. Life does change as they get older, but the stresses and time consumption changes, making life worth living! G (ps how do I give you multiple "likes" for this chapter?)
Thanks George, appreciate the review. Me personally, I've never had a trial go more than 4 weeks, but there are many that go much longer. I think direct is boring to watch, it's closing arguments, and cross examination that are fun to do and watch, so if you ever want to watch a real trial wait for the defense case and watch the cross of their witnesses and then stick around for closing arguments. :P

 

One 'like' is enough - thank you for that. No need for me to get greedy :P

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On 10/27/2011 12:24 PM, Conner said:
Oh No! You're a Cardinals fan! And to think I thought you were perfect! tongue.png

 

Great great chapter! thumbsupsmileyanim.gif Your writing did convey a lot of the emotion coming from Martin - the video running in my head confirms that!

 

I'm now practicing the look I want on Jordan's face when the jurt convicts! specool.gif

Either I did a lousy job with the defense or I made it too easy cause everyone is SO sure he's gonna be guilty. As I keep saying the defense is only looking for one person to have a reasonable doubt - not that they want to try this case over, as at a second trial, the government could read the defendant's testimony into the record and then impeach the hell out of it even before he takes the stand. Retrials are generally a terrible proposition when the defendant takes the stand and testifies. So It doesn't look good for Jordan no matter how you slice it.

 

Glad it was detailed enough for you and others to visualize what I was trying to show. That was the hardest part of writing this for me. The arguments were easy - but the setting was a lot harder.

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You conveyed a sense of theater with this. I could easily see how he worked the jury like a master actor. Jordan really doesn't have much of a chance here. Nice to know Martin was conscious of his word choices and how the jury was reacting. You could tell he worried he might be losing the one juror with the 'fag' comment but over all, was a fantastic read. As for the verdict, well there is going to be on hell of an uproar if we find out Jordan got off. :lol:

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On 10/27/2011 03:01 PM, comicfan said:
You conveyed a sense of theater with this. I could easily see how he worked the jury like a master actor. Jordan really doesn't have much of a chance here. Nice to know Martin was conscious of his word choices and how the jury was reacting. You could tell he worried he might be losing the one juror with the 'fag' comment but over all, was a fantastic read. As for the verdict, well there is going to be on hell of an uproar if we find out Jordan got off. :lol:
I think I need to take a poll - it might change the ending - to see how many think Jordan gets convicted and how many think he's found not guilty. Then based on the numbers, I decide if I flee the galaxy or not. :P

 

Thanks Wayne,

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Maybe if you let Jordan get off, we could organize a little party for him. I want to bring the rope :)

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On 10/30/2011 10:43 PM, Pipo said:
Maybe if you let Jordan get off, we could organize a little party for him. I want to bring the rope :)
Pipo, you act like I have any say in this - it's in the jury's hands now. 0:)

 

But personally, IF I had a say, if he got off, I think we'd sign him and Peter up for Thunderdome - Two men enter, one man leaves :P

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Good story so far, especially after reading Second Shot twice, my eyes still flood going through the story.

One thing thoug - seeing from Peters testimony he is still not able to practise or teach, that sucks big time. I remember Jason said to someone (don't remember who) that Peter was "crazy" when on the mat, I sure hope he will be fully restored, despite his back injuries. There is time to set it right in this story? right? please?

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On 11/02/2011 01:05 AM, kkdc said:
Good story so far, especially after reading Second Shot twice, my eyes still flood going through the story.

One thing thoug - seeing from Peters testimony he is still not able to practise or teach, that sucks big time. I remember Jason said to someone (don't remember who) that Peter was "crazy" when on the mat, I sure hope he will be fully restored, despite his back injuries. There is time to set it right in this story? right? please?

Sadly no, there is not time to right much in this story. That doesn't mean things can't change in the future, just that the trial story only has a few days left in it's time line. don't forget too that Peter is a Senior now, and will look for work when he graduates. His days of teaching were probably going to end soon anyway. Not to say it doesn't suck to have it taken away, but this job wasn't going to be his full time career.

 

Next chapter will be up soon, promise.

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Well hey to all,

I've read this story before and I can't tell you what happens next. but it is good, really good.

Its a pleasure to come back to a story that I've enjoyed and still be amazed at the twist and turns.

Thanks Andrew.......

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2 hours ago, Peter J. Gee said:

Well hey to all,

I've read this story before and I can't tell you what happens next. but it is good, really good.

Its a pleasure to come back to a story that I've enjoyed and still be amazed at the twist and turns.

Thanks Andrew.......

Thank you, Peter.

It's funny how much my life - both work, personal, and writing has changed and yet this story is still there with me.  But I think this is the story that taught me I could do it, so it's not a surprise I still see things that remind of this.

Thanks for reading and for sending me a note.  Much appreciated.

~AQG

 

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On 10/30/2011 at 5:59 AM, Andrew Q Gordon said:

Pipo, you act like I have any say in this - it's in the jury's hands now. 0:)

 

But personally, IF I had a say, if he got off, I think we'd sign him and Peter up for Thunderdome - Two men enter, one man leaves :P

And for Berriman, "Break a deal, Face the wheel."

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15 hours ago, BlueWindBoy said:

And for Berriman, "Break a deal, Face the wheel."

😆 That made me laugh. I can see him with that big clay head being send out into the dessert lol.

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