This chapter is dedicated to Crystal_Loves_You. Thanks for your many votes and your support XD.

39 - Reasonable Belief  

Loud voices greet me as soon as I step into the court room the morning after my testimony and to my delight, Marcus seems to be beside himself. I wonder what Pam did to upset him.

"I just can't believe you are trying to pull such a stunt on me at the last moment." His voice is trembling and fury shoots from his eyes. I notice that his hands are balled to fists and imagine how they would land hard on Pam's mouth if she was his wife.

"Calm down, Marcus, and save your efforts for the judge," she snaps angrily in response. Though her voice is more under her control, her eyes are just as furious. Captivated by the unexpected spectacle, I lower myself in my chair at the defense table next to one of the junior lawyer who greets me with a small nod.

"What's going on?" I whisper but before she can reply, Pam notices me and addresses the bailiff.

"Tell the judge that Ms. Cooper is here now and we are ready for her."

Not even five minutes later, I'm no longer kept in suspense and Marcus and Pam are back at each other's throats, this time at a much reduced volume and more respectful manner.

"Your honor," Pam addresses the court. "The defense has learned that one of the jurors has been arrested for domestic violence before and we want him excused for cause."

Judge Mitchellson flips through a file in front of her. "Which juror?"

"Number five your honor - Carlos Cortez."

The judge focuses on Marcus. "Were you aware of this, Mr. Forrester?"

Marcus gives Mitchellson a curt smile. "I was not, your honor, but have since checked into the matter. The charges against Mr. Cortez were dismissed on merit. It was a clever move by his ex-wife to gain custody of the children. Our investigation found no evidence of abuse whatsoever and we stringently object to have him replaced that late in the trial."

A snort from Pam earns her a murderous stare.

Judge Mitchellson returns to her file. "OK, let's get Mr. Cortez in here and get to the bottom of this."

Five minutes later, juror number five is seated in the witness box, squirming in his chair. He is obviously not enjoying the attention and glares at me meaner than ever.

"Mr. Cortez," Judge Mitchellson begins. "It has been brought to the court's attention that you have been arrested for domestic abuse before. Why didn't you mention this during jury selection?"

He clears his throat. "I didn't think it made a difference," he claims. "Those charges were totally false and dismissed." He glances at Mitchellson. "I can be unbiased, your honor, I swear."

Mitchellson gazes at him thoughtfully. "Thank you for your confirmation. You can return to the jury room while we sort this out."

There is total silence as he is lead from the courtroom. I am sure that there is no way he will vote 'not guilty' now after this embarrassment if the judge doesn't replace him.

As soon as the door closes behind juror number five, Marcus is back in action. "You see, your honor, there is nothing to this. Mrs. Fallon is just trying to substitute him to get a more favorable juror in place for her client."

Pam's jaw drops. "I won't tolerate this kind of insinuation. Mr. Forrester is the one..."

She can't finish her sentence when Mitchellson interrupts her. "Counselors, please. Let's just all take a deep breath and not give the ladies and gentlemen of the press a soap drama in my court room."

Pam and Marcus stare at each other with animosity but remain silent.

"OK, that's better." Mitchellson sighs. "Now - I am only concerned if Mr. Cortez is biased or not." She rubs her chin, there isn't a sound. Pam is unusually tense and I realize that this ruling could make or break my chances of winning. Instinctively, I hold my breath, my hands balled to tight fists.

After what seems to be like a really long time, Judge Mitchellson speaks again.

"I usually would not substitute a juror that late in the trial but I believe that Mr. Cortez has not been as forthcoming as he should have which shows to at least some degree that he was trying to hide the truth. I cannot determine if he is biased but will rule on the side of caution. Juror number five is hereby excused for cause and will be substituted...," she looks at her list. "Juror number fifteen - Miles Tumis."

Pam takes in a sharp breath. "But your honor...."

Mitchellson raises her hand and cuts her off. "Save it, counselor. I know you were hoping for one of the women substitutes but I agree with Mr. Forrester that this new development could not have come at a more opportune time for the defense. You get your dismissal of juror number five and Mr. Forrester gets the same jury make up as before. That's only fair under the circumstances unless you are now claiming that a man would not be a suitable replacement."

Pam's eyes narrow slightly. "Of course not, your honor."

Mitchellson beams at the two lawyers. "Excellent. That's settled then. Let's proceed and bring the jury in."

As soon as the jury has taken their seats, Judge Mitchellson addresses Mr. Cortez.

"I have decided that it would be best to substitute you which, by all means, should not be taken as a finding of guilt on the court's behalf." She gives him a courteous smile. "I want to thank you for your services, you are free to go."

The man flushes. "Sure ...."

With another nasty glance at me, he squeezes out of the jury box and rushes out of the courtroom under the mumbles of the spectator.

Mitchellson's eyes land on the substitutes. "Mr. Tumis, you're up."

A young man in his early thirties takes the seat in Cortez's old spot - according to the jury consultant, he is another wildcard. Marcus seems content with the outcome and leans back in his seat, waiting for Pam to continue.

After everyone in the courtroom has settled down, Doc is called and takes the stand. Today, he is wearing a suit and tie and even got a haircut. He starts out with introducing himself to the jury. It is quite intriguing to learn about his background - he used to be a lance corporal in the Marines which earns him an approving look from the retired mayor in the jury box and went to school right here in Chicago, receiving a PhD from Northwestern.

Pam leads him skillfully along. "Dr. Sullivan, you have observed Ms. Cooper's testimony over these last three days."

"Yes, Ma'am."

A smile from the older jury members by his humble demeanor.

"In your professional opinion, what was the trigger of Ms. Cooper's actions that night?"

Doc turns his full attention to the jury. "Rena is suffering from what experts call a 'Battered Women's Syndrome' as well as 'Post Traumatic Stress Disorder'. The abuse she suffered at the hands of Mr. Parks together with deep rooted abandonment issues due to the early death of her mother caused her to snap under long built up pressures. It was not as much the fear for her own safety but for the life of her unborn child that ultimately triggered the need to end Mr. Parks' life."

Pam scribbles down a few notes and allows Doc's words to settle in with the jury. "And Dr. Sullivan, in your expert opinion, was this belief reasonable?"

Doc nods. "What is important to understand is that Rena's mind that night did not work like the one of an average person. She felt backed into a corner, afraid to condemn her child to a life of abuse. She had realized that Mr. Parks would not change and would not allow her to simply break off their relationship. In her mind, his continuous threats were real and she didn't see any other options."

Pam shuffles through some of her notes. "Now, I know that a bystander would think that the way she killed Mr. Parks was pretty gruesome. Do you have an explanation why she chose such a violent method?"

Doc adjusts the microphone in front of him. "Rena didn't even realize the severity of her act. It was a means to an end. During the actual killing, she was totally disconnected to what was happening around her - that's why she described herself as an actress in a really bad movie."

The jury hangs on his lips, absorbed in his testimony. I can tell that they believe him, a small hope flicking in my heart. Maybe they didn't think I was as bad of a person after all.

"And Dr. Sullivan," Pam continues. "Is that also the reason why she sounded so cold and indifferent during the last phone call to Dr. Fallon?"

Doc nods his head in the affirmative. "In addition to the disconnect, Rena was in a state of shock, unable to fully comprehend her actions and due to the prior long term abuse, she couldn't feel empathy or remorse at that moment."

Pam gathers her papers from the podium. "Thank you, doctor." She turns to Marcus. "Your witness, counselor."

Marcus slowly gets up and strides to the podium - I am sure he will not take this lying down.

"Dr. Sullivan, you heard Ms. Cooper testify that she felt relief after Brent's death. Wouldn't that contradict your testimony that there was a disconnect - I mean, it sounded pretty coldhearted to me."

Doc studies him for a moment before replying: "The relief was directed towards the end result. She did understand that he was dead and happy that he couldn't hurt her and her child anymore but she didn't comprehend that it was actually herself who caused the outcome."

Marcus grins. "So she was happy she killed him?"

Doc shakes his head. "No, she was happy he was dead - that's a huge difference. As to the murder, she simply took out the threat she perceived as a danger to her child."

Marcus reviews some of his notes. "Do you agree that there were other options available to her?"

For a moment, Doc hesitates. "Yes, there were several alternatives but in her mind, there weren't any. She felt totally trapped and at Mr. Parks' mercy. She couldn't picture such a life for her child and her natural protective instincts as a mother took over."

Marcus chuckles. "Very convenient, don't you think?"

Pam jumps on her feet. "Objection, argumentative."

Marcus snorts and waives his hand at her like he would at an annoying child. "No need, I withdraw the question." He zooms in on Doc. "Doctor Sullivan, who is paying for your testimony here today?"

Doc gives him a smug smile. "Nobody, Mr. Forrester."

Marcus seems surprised. "The defense is not compensating you for your time?"

Doc shakes his head. "Nope. I am testifying free of charge."

"Wow," Marcus eyes come to rest on me. "Ms. Cooper is even more manipulative than I thought."

Pam objects again in a rage. "Your honor, Mr. Forrester is badgering the witness and trying to influence the jury."

Mitchellson looks at him sternly. "I tend to agree, Mr. Forrester. Please refrain from doing so in the future." She frowns at the jury. "Please disregard Mr. Forrester's last remark. It is hereby stricken from the record."

Marcus gives the jury one of his dazzling smiles. "I apologize." He casually points at Doc. "I have no further use for this witness."

He strolls back to his seat, winking at me. My hands tremble and a shudder runs through me when I notice the vicious glow in his eyes and remember his touch against my cheek. In that moment, I pray I will never be alone with him again - the thought of what he could do to me unbearable.

Pam rises. "The defense rests, your honor."

Mitchellson checks her watch. "Very well. Let's take a recess and counsel should be prepared for closing arguments in half an hour. That way, the jury can get the case before lunch."

Her gavel hits the little wooden patch in front of her signaling the end of the testimony. Next, Marcus will be able to tear me to shreds right in front of the jury.

xxxx

There is total silence when he rises after the break, all eyes on him. He casually leans against his desk, making eye contact with the jury. There is no hostility, only charm and openness. He is the poster boy of a nice guy.

"This is a really tragic case because a young life was extinguished," he starts. "Brent Parks was only nineteen when he was killed by this defendant." He points his finger in my direction. "There is no dispute about it. She admitted to coldheartedly killing him in his sleep, gutting him open in the most violent fashion." He clicks on the little remote and Brent's gruesome body appears on the monitor, causing some jurors to cringe and others to stare at me in disgust. A loud sorrowful moan escapes Brent's mother's lips as tears stream down her face while she watches me with hate. I shrink in my seat, wanting nothing more than being invisible.

"You heard a lot of testimony about domestic violence and the things he allegedly did to the defendant. Mrs. Fallon has done an excellent job of muddying the waters, portraying Ms. Cooper as a helpless victim who didn't see any other way out of her relationship. But I want to remind you that Brent Parks is not the one who is on trial here today, his murderer is. No matter what Brent Parks did to Rena Cooper, he didn't deserve to die. There is no death penalty for domestic abusers, but there is one for coldhearted killers who take the law into their own hands. That's what the defendant has done in this case, make no mistake about it."

He pushes off the desk and approaches the jury, coming to a halt right in front of their box.

"The defendant had plenty of opportunities to ask for help. Her father is a police officer, for crying out loud, who would have known how to put a stop to the abuse. Many people offered their help but she refused. She chose the most violent way."

With a push of a button on the remote, the picture on the monitor changes to a smiling, charming Brent. There is a sparkle in his eyes of cheer happiness and little dimples in his cheeks. He appears innocent and sweet without a mean bone in his body.

"This is the Brent Parks who died that day. He was a young man who had his whole life ahead of him with dreams and hopes and many things to look forward to. He trusted Rena Cooper, even wanted to marry her. As you know, the defendant is pregnant with his son and he will never be able to hold him, never be able to witness his first steps or be there on his wedding day. He won't meet his grandchildren. All this was torn from him by Rena Cooper just as his son will never get the opportunity to tell him that he loves him."

I feel conscious that the juror's eyes travel back and forth between myself and Brent's picture and try to control my trembling lips. Tears pool my eyes when I listen to Marcus, secretly admitting he has a point. My self-doubts eat at me while he continues with his assault on my character.

"You will never know what truly happened in this couple's relationship because the defendant took away Brent's opportunity to speak out. He will never have his day in court and be judged by a jury of his peers. Rena Cooper decided his judgment for you and the sentence she chose was death. Don't let her get away with this. Don't let this angelic face fool you - she is a cold hearted murderer and only trying to manipulate you to set her free."

He walks back to his desk, eyeing me with a malicious grin undetectable to the jury.

When he spins around to face them again, he is all fired up. "The defendant claims that all she tried to do is protect her unborn baby from harm, that she couldn't stomach exposing her child to Brent's abuse. The law in Illinois has long established that in a case of self-defense, her fear for her son's life still had to be reasonable. It will be up to you to determine this but I urge you to not leave your common sense at the doorsteps and go with whatever the defense wants you to believe."

He leans back against the desk, taking the exact same position as he did at the outset of his closing argument.

"Put yourself into the shoes of Rena Cooper and when you do, the State is confident that you find that her actions were rash, selfish and inexcusable and by no means reasonable. I urge you to see this case for what it is - a blatant slaughtering and nothing else and I ask you to return a verdict of guilty for murder in the first degree. Speak out and render justice on behalf of Brent Parks because it wasn't his fault that she didn't avail of her true options."

When he thanks the jury and reclaims his seat behind the desk, my tears begin to fall. Deep down, he has me convinced that I am a ruthless murderer.

OK - Marcus had his say and I am still taking votes for 'guilty' and 'innocent' before the jury verdict will be revealed in the next chapter. How did you like his closing? Did his arguments compel you or did you find he was bullshitting?

I can't believe there are only two chapters to go, it has been an incredible journey that all of you have made very special. Publishing here on WP has been an amazing experience and thanks for your support on this important topic. Keep those comments coming and don't forget to vote if this chapter deserved it XD. Thanks for reading.