Illegal Alien

"Nor do we, as his defense lawyers, have any obligation to provide an alternative explanation of how Cletus Calhoun came to be dead. The most natural thing in the world for you to ask yourselves is, ‘Well, if Hask didn’t do it, who did?’ But you cannot convict based on that question. You can only convict based on the actual evidence in this case. And if that evidence leaves a reasonable doubt in your mind about my client’s guilt, then you must acquit him, even if that means the murder Cletus Calhoun remains unsolved. Yes, the crime in question was horrible and brutal, and yes, we all want someone to pay for it. But you are in a tricky position: the only person you can make pay for it is my client. So, you must exercise great caution and great restraint: you must be sure that your natural desire to see someone pay, combined with the fact that the only person you have the ability to punish is Hask, does not sway you to find him guilty when there is still doubt in your mind about whether he really did commit the crime.

"There’s another unusual circumstance in this case. It’s conceivable that if Hask did not commit the murder, then perhaps one of the other Tosoks did.

But you can no more allow the wrong Tosok to be punished than you could allow the wrong human to be punished. The mentality that ‘one of them did it, so one of them should pay’ can have no place your deliberations. Each of the seven Tosoks is an individual. You must be convinced beyond reasonable doubt that this specific Tosok, my client Hask, committed the murder if you are to find him personally responsible for it…"

*17*

Opening arguments consumed an entire day. At ten a.m. the next day, the prosecution’s case-in-chief began.

"On the record now in California v. Hask," said Judge Pringle, taking her place at the bench. "The defendant is present, as are his attorneys, Mr. Rice and Ms. Katayama. The People are represented by Ms. Ziegler and Ms. Diamond. The jury is present. Are the People ready to proceed?"

"We are, Your Honor," said Ziegler.

"Very well. You may call your first witness."

"Thank you, Your Honor," said Ziegler, moving over to stand in front of the lectern. The Court TV camera panned to follow her. "The People call Dr. Anne Flemingdon."

Flemingdon was a tough-looking white woman in her forties, broad shouldered, round-headed, with short-cropped hair that she was content to let show its gray. She was wearing a dark-blue jacket over a pale green blouse, and matching blue pants.

Dr. Flemingdon moved through the little wooden gate that separated the spectators from the lawyers, and took a position next to the court reporter.

She faced the clerk — a small Hispanic man — and raised her right hand before he had a chance to ask her to do so.

"You do solemnly swear or affirm," said the clerk in a slightly accented voice, "that the testimony you may give in the cause now pending before this Court shall be the truth, the whole truth, and nothing but the truth, so help you God?"

"Yes," said Flemingdon. Her voice was quite deep.

"Please have a seat in the witness box and state and spell your first last names for the record," said the clerk.

Flemingdon sat down. "My name is Dr. Anne Flemingdon. Anne an E: A-N-N-E; Flemingdon is spelled F-L-E-M-I-N-G, D as in David, O-N."

"Thank you," said the clerk.

"Dr. Flemingdon," said Ziegler, looking up from a sheaf of notes she’d placed on the lectern, "are you a medical doctor licensed to practice medicine in the state of California?"

"I am."

"By whom are you currently employed?"

"By the county of Los Angeles."

"In what capacity?"

"I’m the chief medical examiner and coroner for the county."

"In that capacity were you called upon to examine the body of Cletus Robert Calhoun?"

"I was."

"Where was this examination performed?"

"I did the initial examination at the crime scene at Paul Valcour Hall, a residence facility located on the University Park campus of the Unity of Southern California. I did further work on the remains once they were collected and moved to my lab."

"Your Honor, we would like to enter People’s exhibits one through twenty-five: photos of the corpse taken at the USC crime scene."

"Mr. Rice?" said Pringle.

Dale exhaled. "Your Honor, we would like to preserve our objection."

"Understood," said Pringle. "Overruled."

Three easels were brought in. Each one held up a board with several color photographs mounted on it. Flemingdon left the witness stand and went over to stand near them. The Court TV camera jockeyed to show her but not the photos.

Hask looked down at the cluttered surface of the defense table. Dale looked back; the other Tosoks were averting their eyes from the photos as well, although one of them — Ged, it was — kept surreptitiously peeking at them.

"Dr. Flemingdon," said Ziegler, "could you please describe the cause of death?"