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Court was called to order the next morning and the judge spoke to the ADA. "The State may call its next witness."


The ADA rose slowly, looking cautiously towards the defense table. "The State rests your honor."


"Very well, is the defense prepared to begin their case-in-chief?"


Jamie stood to address the judge. "Your honor, the defense also rests." There was a slight murmur in the courtroom.


The ADA looked nervously at Jamie as she spoke. He knew that not letting Kevin and Nick testify was the best move for the defense. He had hoped, however, Taylor and Jamie would still want the boys to explain their story. Then he could have regained the advantage he believed he had after Molly's direct.


Only slightly surprised by Jamie's statement, the judge responded, "Very well then, we'll recess for fifteen minutes to allow counsel to prepare closing arguments."





Following their attorneys back to the witness conference room, Kevin and Nick looked stunned. The others did as well.


"Okay, didn't you just spend all week preparing Nick and me to testify?" asked Kevin. Taylor nodded absently as she went through her notes for closing.


"Then you want to explain why we went through all of that for nothing?"


Hearing that remark, Taylor looked up at Kevin. "It wasn't for nothing, Kevin. Up until last night, Jamie and I had every intention of putting you two on the stand. But things change and we decided it's not worth it to get you up there."


"Why not?" Nick was thoroughly confused, and the others mirrored his look.


Taylor sighed. "Look, Jamie and I think that our cross of Corin and Molly did a lot of damage to the ADA's case. We gave the jury something to think about, another explanation of what happened, or rather why it happened. Now most juries are pretty creative, how they reach decisions usually have nothing to do with what they are given. It usually has to do with what they believe. If we got them to believe Molly is a liar, that she lied about not having money, then they'll wonder what else she lied about. They will come up with theories and stories that are more far-fetched and surreal than anything we can give them. But that's the point. If they can come up with one such theory, we won."


"I'm not sure I'm following you," said Kevin.


"If they can come up with an alternate explanation, it means they don't necessarily believe Molly's version. They doubt she's telling them the truth. If you heard Taylor's opening statement, they have to make their decision beyond a reasonable doubt. If they can come up with other stories, they don't believe her beyond a reasonable doubt. They can't find for her. Our job was to make sure there was reasonable doubt against Molly, and we did that. Putting you or Nick up only gives them a way to make you look bad and to strengthen their case. That's not what we want, so you're not going up. And since you and Nick were going to be our only two witnesses, we have no one else to go up on the stand. So we rested," explained Jamie.


"Besides," Taylor interjected, "anything you two would have said that was relevant, she already did say. There's no point in calling you to say it all again, then have the ADA go after you." She looked at everyone, "Do you understand what we are doing now? All right?"


Nick nodded, "Yeah, I guess it makes sense. And actually, I'm kinda glad I don’t have to go up there. I don't think I would have handled it very well." In spite of questioning Taylor's method, Kevin also had a look of relief on his face.


There was a knock at the door. One of the guards poked his head in the doorway. "Court in session in a minute, counsel." Taylor nodded, and the guard closed the door.


"All right, let's get this show on the road. Ready?" asked Jamie. Taylor nodded, and they all filed out of the room back into the courtroom.





"Are both sides ready to begin closing arguments?" The ADA and Taylor stood to let the judge know they were ready.


"Very well, Mr. Dixon, you may begin."


The ADA walked out from behind the table and slowly approached the jury box.


"Thank you your honor. Ladies and Gentlemen, if I may, I'd like to take a moment first and thank you again for your time. Your participation in this trial is one of the most important things you can do to help insure the integrity of our judicial system and all involved truly appreciate your help. Now with that said, and you having heard all of the evidence, I want to walk you through this case again.


"The defendants here are charged with both sexual assault and rape of the victim, Miss Margaret Elizabeth Coughlin. These crimes come in a matched set, and you need to convict the defendants of both of them. Each of these crimes has certain elements to it and it is your job to find that the evidence proves each element beyond a reasonable doubt. Fortunately, the elements are very simple – you must find that the defendants knowingly forced Miss Coughlin to engage in sexual acts without her consent. You don't need a motive for their action and you don't need prior intent on their part to commit a crime. Their decision to force Miss Coughlin to perform sexual acts could have been made at any moment after they were fully aware she was not a willing participant.


"You heard Miss Coughlin state quite emotionally exactly what happened that fateful day. She admitted that she was a fan, and that she in fact went to the record store to try to meet the defendants. Then she described in detail how she innocently met the defendants in a back hallway and exactly how the defendants took advantage of that situation and forced her into a room and compelled her to perform sexual acts. That is your evidence ladies and gentlemen. It is up to you to decide exactly what happened in that back hallway and in the room into which the defendants dragged Miss Coughlin.


"Please remember that Miss Coughlin is not on trial here, the defendants are. This is a forum to determine what they did wrong. This is not the place to criticize or judge Miss Coughlin; she has been through enough, wouldn't you agree?


"Now defense counsel is going to attempt to lead you on a wild goose chase through the evidence. Testing you and your ability to recognize the truth. She is going to throw theories at you left and right in an attempt to lead your senses astray. Ladies and gentlemen, trust what you know to be true. As defense counsel said in her opening statements, use your common sense. When you decide what really happened, we are certain that you will convict the defendants of the crimes with which they are charged. Thank you again."


The judge nodded at Taylor as the ADA returned to his seat. Taylor sat for a moment looking at her notes and then rose to approach the jury box.


"Thank you your honor. Ladies and gentlemen, in my opening statements I tried to talk with you a little bit about your role in this trial. Now I want to talk with you a little more about my role, and my co-counsel's role. Our job is to make sure that the state does everything right. To insure that these defendants get a fair trial and make sure that you hear all of the evidence so that your decision can be made with the utmost confidence. Now the ADA suggested that I am going to lead you on a 'wild goose chase' through the evidence. Well, I have two problems with that statement.


"First of all, there isn't enough evidence here for me to lead you on any kind of chase. You have the victim's story, and we'll discuss that in a moment, and you have the detective's testimony. There isn't much there to go through, now is there?


"Second, I want to do my job, and I want to do it well. If I didn't suggest to you every other viable possibility as to what may have happened, then I wouldn't be doing my job. Remember ladies and gentlemen, you must believe Miss Coughlin's story beyond a reasonable doubt. I'm here to show you that there is more than reasonable doubt as to the truth of her testimony.


"The state has provided you with no physical evidence of the rape. Was a rape kit taken? No. You heard Detective Corin explain that Miss Coughlin waited too long to report this alleged incident. Was Miss Coughlin consistent with her story throughout the investigation? No. You again heard Detective Corin explain how her story developed over time. Her story developed over too long a period of time, ladies and gentlemen. We all know that memory fades with time, and yet in Miss Coughlin's case, her memory appeared to get better. She remembered more details and her accusations became harsher. Basically I'm asking you to figure out when and if she was ever telling the truth." Taylor paused for effect, scanning the jury box.


"Was she ever telling the truth? Again, that is for you to decide. But I need to point out that Miss Coughlin may in fact have had other reasons for making these accusations. Was it money? Was she paid to do this? Maybe, but I can't tell you for certain. Revenge? Did she have a grudge against the defendants? Maybe, but again I can't tell you for certain. What I can tell you is that there are too many other possibilities for you to take Miss Coughlin at her word. I'm not criticizing her as the ADA so kindly suggested. I am just doing my job, and part of it is to call into question the credibility of any witness I think may be trying to mislead you.


"I have nothing personal against Miss Coughlin and I am truly sorry that she felt the need to initiate this investigation. I don't wish her any harm nor do I hold any malice towards her. I only want you to be objective when you consider the testimony that she gave. You don't need to discern a reason behind her testimony, or sort out any other complicated theory. Just decide whether or not what Miss Coughlin told you was true. It's as simple as that.


"Finally, I'm sure you are wondering why the defendants didn't get up on the witness stand and tell you their story. Well, honestly ladies and gentlemen, we didn't think it was necessary. You actually heard Miss Coughlin tell you everything that the defendants would have told you. That's right, the first five minutes of her testimony was exactly what the defendants would have told you. Yes, the defendants were at the record signing that day. Yes, they saw her in the back hallway. But ladies and gentlemen, that is where the truth in her testimony ends.


"I'm asking all of you to go back to the jury room and think about everything you've heard. Everything. Don't disregard anything. Everything is important here. It is the entirety of this case that makes it so difficult to believe, and that is what I know you will come to see when you sit down and sort through this case. And when you do, you'll see the truth, and the truth is that the defendants are not guilty of the crimes with which they are charged. Thank you again." Taylor returned to her seat and looked over at Jamie, who nodded and smiled.


The judge began to instruct the jury on their procedures and the information they would receive in the jury room. A few minutes later the jury was led from the courtroom and court was adjourned. The four sitting at the defense table looked back and forth at one another, holding a collective breath.


Jamie took Kevin's hand in hers and looked into his eyes. "This is it darlin', now all we have to do is wait."


Nick looked at Jamie and muttered, "Great. Like we haven't waited enough around here." Taylor heard him, and took pity on him. "Nick, nothing in law is fast." Surprised, he turned to look at her, and managed to say, "So I've noticed."





A knock sounded on the door of the conference room. Taylor opened the door and saw the bailiff standing there. "Jury's back with a decision." She nodded, and he turned and left.


Jamie looked at her watch. "Four hours."


"Is that long?" asked Nick.


"Depends on the type of case, Nicky. Actually considering this case, that's probably not too long a time."


"So this is good then?"


"That also depends." Jamie stood before Nick, who gave her an exasperated look. "I'm sorry I can't give you any answers, I'm not the one who has them. The jury does."


"Well, let's go find out what they have to say." Nick stood up, and gave Jamie a smile. "Okay," she agreed, "Let's go." Everyone stood up and nervously left the room and went into the courtroom. Kevin, Nick, Taylor and Jamie all sat down at the table. Jamie looked down to see Nick's hand reach for hers. She held it in her right hand, and smiled at him. He gave her a half-smile in return, then faced forward and closed his eyes.


"Madame Foreperson, you have reached a verdict?" asked the judge.


The woman stood up and replied, "We have your honor." She handed a piece of paper over to the bailiff, who gave it to the judge. He unfolded it, looked briefly at it, and handed it back.


The paper was returned to the forewoman. "Will the defendants please rise?" All four stood up, and faced the jury. Nick reluctantly let go of Jamie's hand. "All right then, what say you?"


"In the matter of State v. Kevin Scott Richardson and Nickolas Gene Carter, on the first count, sexual assault, we find the defendants. . . not guilty." A collective gasp went through the courtroom.


"On the second count, rape in the first degree, we find the defendants. . . not guilty."