Chapter Twenty-One
HE 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 Quitter.
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, the decision was that a finding of MPD does not, per se, require a finding of acquittal. In United States Versus Whirley, 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. Six 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 ii England. And Alette; she was born in Italy. They're al 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 state has a law confirming MPD as a legal defense. And why? Because it isn't a defense. Ladies and gentlemen, it's a fictitious alibi to punishment...."
"What the defense is asking you to believe is that 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 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 reassured. 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, 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, we, the jury, in the above entitled action, find the defendant, Ashley Patterson, guilty of the murder of Dennis Tibble, 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, we, the jury, in the above entitled 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, we, the jury, in the above entitled 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?"
And when each one had affirmed it, Judge Williams said, "The verdict will be recorded and entered into the record." She went on. "I want to thank the jury for their time and service in this case. You're dismissed. Tomorrow the court will take up the issue of sanity."
David sat there, numb, watching Ashley being led away.
Judge Williams got up and walked to her chambers without looking at David. Her attitude told David more clearly than words what her decision was going to be in the morning. Ashley was going to be sentenced to die.
Sandra called from San Francisco. "Are you all right, David?"
He tried to sound cheerful. "Yes, I'm great. How are you feeling?"
"I'm fine. I've been watching the news on television. The judge wasn't fair to you. She can't have you disbarred. You were only trying to help your client."
He had no answer.
"I'm so sorry, David. I wish were with you. I could drive down and - "
"No," David said. "We can't take any chances. Did you see the doctor today?"
"Yes."
"What did he say?"
"Very soon now. Any day." Happy birthday, Jeffrey.
Jesse Quiller called. "I bungled it," David said.
"Like hell you did. You got the wrong judge. What did you ever do to get ho: so down on you?"
David said, "She wanted me to plea-bargain. She didn't want this to go to trial. Maybe I should have listened to her."
All the television channels were full of the news of his disgrace. He watched one of the network's legal experts discussing the case.
"I've never heard of a defending attorney screaming at his own client before. I must tell you, the courtroom was stunned. It was one of the most outrageous - "
David switched off the station. Where did it all go wrong? Life is supposed to have a happy ending. Because I've bungled everything, Ashley's going to die. I'm going to be disbarred, the baby's going to be born any minute and I don't even have a job.
He sat in his hotel room in the middle of the night, staring into the darkness. It was the lowest moment of his life. Playing over and over again in his mind was the final courtroom scene. "You can't hypnotize her in my courtroom. The answer is no. "
If only she had let me hypnotize Ashley on the stand, I know she would have convinced the jury. Too late. It's all over now.
And a small, nagging voice in his mind said. Who says it's over? I don't hear the fat lady singing.
There's nothing more I can do.