“If you ask yourself honestly, couldn’t she makeyoulook like a foolon cross-examination? I know if she had me in that witness stand, I’d get nervous. I might forget what I said or didn’t say. And look at me, nothing scaresme.” Thomas wisecracked, and the jurors laughed. There were seven African Americans on the jury of twelve, five women and seven men. “And Dr. Alderman has never been in the courtroom before. He never testified before. He has no criminal record. He’s never even been sued civilly.” Thomas waved his hands in the air. “Consider that, and take a moment. Look around you at this grand, intimidating courtroom. I mean it. Look around, right now.”
Noah scanned the courtroom, one of the largest in the Montgomery County Courthouse, ornate with crown molding and a paneled mahogany dais, witness stand, and jury box. Portraits of Pennsylvania judges in gold-filigree frames blanketed the plaster walls, next to polished-bronze sconces that were original. The walls had marble trim, and the pews were antique, also mahogany. Modern concessions like overhead fluorescents, computers, microphones, and an overhead projector and screen had been uneasily retrofitted. Equally incongruous was the sign taped to the plaster wall:YOU MUST BRING A TICKET TO BE SEATED. Allocation of Seating in Courtroom: Members of the General Public, 60. Reporters, 30. For Use of the Commonwealth, 12. For Use of the Defense, 12.
“Ladies and gentlemen, I ask you. Weren’tyouintimidated the first time you walked into this courtroom? Aren’t you sometimesstill? Now, can you imagine being on the witness stand, having questions fired at you like a machine gun, with your fate in your hands? Can you imagine facing that gallery, with all those people, reporters, everybody looking back at you, hanging on your every word, watching every move you make?” Thomas pointed an accusatory finger at the gallery, and Noah could hear them shuffling behind him.
“What normal person wouldnotget nervous in such dire straits?That’sthe reason you don’t have to testify at all, in this great country of ours. The Constitution embodies America and the values we hold dear. I was born in Philly, but my parents emigrated here from Nigeria and became citizens. Our freedoms are a beacon for countries all around the world. They protect all of us, including people accusedof a crime. So ladies and gentlemen, when you go in the jury room and judge Dr. Alderman for the way he testified, please, think again. Put yourself in his position. Because that’s what the Constitution and our great forefathers require from you. As Americans.”
Noah could see it had an effect on the jury. Victoria’s Secret unfolded her arms, and an older African-American woman in the front row smiled. Thomas called her Mama because she looked like his mother.
“And there is a third point I want to make. You have heard the term ‘reasonable doubt,’ and I want to explain to you why that matters. Under our legal system and our wonderful Constitution, the Commonwealth always has the burden to prove guilt beyond a reasonable doubt. It’s as simple as that.” Thomas opened his hands in appeal. “It’s nowhere more important than in a first-degree murder case like this one, because convicting Dr. Alderman could result in the death penalty. There is no greater punishment, ladies and gentlemen. Nor is there any greater power. The last thing you ever want to do is to convict an innocent man. As the saying goes, ‘Better to let a guilty man go free than to convict an innocent man.’”
Noah watched the jurors, their attention completely focused on Thomas, and he started to believe that he might actually be found not guilty.
“And that is the very reason for the presumption of innocence and the requirement that the Commonwealth establish guilt beyond a reasonable doubt. What is reasonable doubt? If you recall, the Commonwealth put on four witnesses, a police officer, a detective, a criminalist, and a coroner. Did you notice what is missing from their case?” Thomas lifted an eyebrow. “A witness. The Commonwealth did not produce a witness to this crime. Now, you might be thinking to yourself, ‘Thomas, that’s a lot to ask. How often do you get an eyewitness to a crime?’ And you would be right about that, except in this case.”
Noah had no idea where Thomas was going, and he could see an older juror in the back row frowning.
“The murder of Anna Desroches occurred at night, on a drivewaythat wasn’t that far from the street, on a property thatanybodycould have access to. It was just a normal driveway in a residential area. Neighbors, passing cars, and pedestrians could have seen a beautiful young girl getting out of a car, and anyoneof those people could’ve killed her. Not only that, you also heard from the defense about the one lead that the police didn’t even bother to follow up on.”
Noah straightened in his hard wooden chair. Hope filled his chest. Thomas was delivering, and the jury was in the palm of his hand. Noah allowed himself to believe that he might walk away from this nightmare, after days of going back and forth, up and down, witness after witness.
“In my view, theCommonwealthis the guilty party in this case. They’re guilty of confirmation bias. They got their man at the scene and they stopped looking. Their case is completely circumstantial, riddled withmore than enoughholes to create reasonable doubt.” Thomas cleared his throat. “So if I may, let me detail the deficiencies in the Commonwealth’s case, starting with the first witness…”
Thomas launched into the remainder of his argument, and Noah kept his game face on. Sometimes the jurors would look over at him for a reaction, but he stayed stoic, his thoughts racing. He didn’t know which way the jury would go, but he knew the truth in his heart.
He wasn’t an innocent man.
Chapter Six
Maggie, Before
Maggie got out of her Subaru at the Lenape Nature Preserve, arriving before her best friend, Kathy Gallagher. Every morning, they walked two miles, subject to their kids’ schedules. Kathy had sixteen-year-old twin boys at the local parochial high school, and the Preserve was midway between their houses, a meadow with a path mown around the perimeter. They used the exercise as an excuse to see each other, calling it their Walk & Talk, though it was more accurately a Talk & Talk.
Maggie inhaled deeply, scanning the lovely meadow, empty except for a few runners. The grass was tall and green, and the oak trees at the far side were in full leaf. A bluish-pink painted the sky, lightening where the sun was beginning to rise. Maggie couldn’t wait to tell Kathy that Anna had called. Last night, she’d texted her she had big news, but wanted to tell her in person.
Kathy’s Prius pulled into the parking lot, and Maggie walked over, trying to contain her excitement. Kathy turned off the ignition with a grin that Maggie loved, easy and wide. The two women had been roommates at Penn, and Kathy’s sense of humor had gotten them through the hard times, like their endless papers, final exams, and mutual divorces. Plus Kathy possessed the congenitally upbeat nature of a teacher, though she only substituted lately.
“Hey honey!” Kathy got out of the car, hugging Maggie. They were dressed alike in a fleece pullover and pants, except that Maggie’s fleece had cat hair and Kathy’s had dog.
“Guess what?” Maggie couldn’t wait. “I got a phone call yesterday from Anna and I’m going to meet her on Friday for dinner.”
“Wait,what?” Kathy’s rich brown eyes flew open. “You meanAnna?YourAnna? Calledyou?”
“Yes, can you believe it?”
“I’m so happy for you! You must be over the moon!” Kathy gave Maggie another, bigger hug.
“I am! Come on, I’ll tell you everything!” Maggie hit the walking trail, Kathy fell into step beside her, and they talked during the first leg of their walk, the west side of the meadow. The chirping of birds filled the air, a lovely natural soundtrack. Maggie finished the story by the time they turned onto the south side, and the sunbeams spread like melting butter across the sky.
“I’m so happy for you, honey!” Kathy grinned, pushing her short, dark hair from her eyes. “Anna was just a baby the last time I saw her. She was all eyes, that pretty blue!”
“Right? Hold on. I have some pictures.” Maggie slid her cell phone from her pocket as they walked along, then scrolled to her photos, and showed Kathy a picture of Anna at six months old, sitting in her lap. Anna’s blue eyes were large and round, and her toothless smile took up her entire face. She had dimples that matched Maggie’s. Maggie was smiling in the picture, too, but she knew it was forced, masking her depression.
“How cute is she?” Kathy leaned over, without breaking stride.
Maggie eyed the photo, which brought back so many emotions, both good and bad. Kathy had gone to Connecticut to take care of her sick mother during Maggie’s postpartum psychosis, and they had stayed in touch, even if Maggie had soft-pedaled how bad it was getting, not wanting to alarm Kathy when she had so much on her plate already.
Kathy swiped the screen to the next photo of Anna, dressed up ina pink ruched dress with puffy sleeves. “And look at this one! She’s beyond!”
