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Dialogues

Page 18

by Stephen J. Spignesi


  “Okay. And thanks.”

  “For what?”

  “For everything. I can only imagine what it’s like to try to defend someone you know is going to lose.”

  “I never said that.”

  “You didn’t have to.”

  “I’ll see you tomorrow, Tory. And please, could you do me a favor?”

  “What?”

  “Would you try to have at least one positive thought sometime tonight?”

  “I’ll try. But no guarantees.”

  “You’re killing me, Tory. You know that, don’t you? You’re killing me. Have a good night.”

  “Well, we’ll see about that, won’t we?”

  “Killing me. Guard!”

  “Bye, Carolyn.”

  “Bye, Tory.”

  40

  Court Transcript:

  Tory Troy

  Defense Counsel Carolyn Payne

  District Attorney Brawley Loren

  Judge Gerard Becker

  Court Personnel

  The Visitors’ Gallery

  The Jury

  Tomoyuki Nakamura

  “I’d like to remind you, Ms. Troy, that you are still under oath.”

  “Yes, Your Honor.”

  “Thank you. You may proceed, Counselor.”

  “Good morning, Ms. Troy. In your previous … abbreviated testimony, you stated that you were a certified animal euthanasia technician. Is that correct?”

  “Yes.”

  “Could you tell us, please, what that job entails?”

  “I euthanize sick, violent, and unadopted animals at an animal shelter.”

  “So you kill animals for a living.”

  “I do not consider it ‘killing’ animals.”

  “Why not?”

  “Because there is no malice. The word kill—and I’m speaking only for me now—the word kill to me suggests deliberate, murderous intent, and that is the furthest thing from my mind when I do my job.”

  “Do you always parse your words so carefully, Ms. Troy?”

  “When they are important enough, sir, I do, yes.”

  “Then would you please tell the court the difference between killing animals and what you do.”

  “The end result is the same, of course. The animal is dead. But I consider what I do—what I did—to be releasing them from a life in which no one will take responsibility for them. This is humane, not cruel.”

  “I see. Do you like animals, Ms. Troy?”

  “I love animals.”

  “It would seem that euthanizing animals would be the last job in the world an animal lover would want.”

  “Is that a question?”

  “Strike that. Do you think it is hypocritical for an animal lover to take a job killing animals?”

  “No.”

  “So you don’t think it’s hypocritical.”

  “No.”

  “Not in the least.”

  “I said no.”

  “Could you do us the privilege of enlightening us as to your thinking, please?”

  “Objection. Badgering. Sarcastic badgering too, Judge.”

  “Scale it back a notch, Mr. Loren.”

  “Sorry, Your Honor. Would you explain your thinking to the court, please?”

  “I’ll try. I once read something that horrified me. It said that almost three-quarters of the animals that are brought to animal shelters—surrendered, we call it—have to be euthanized. This means that only one out of four animals in shelters finds a home. What this says to me, Mr. Loren, is that there really is no interest in, first, finding homes for all these animals, and, second, getting our animal population under control. And so we end up just exterminating them. And that’s where I come in.”

  “So you see yourself as an exterminator? Don’t exterminators get rid of pests, Ms. Troy?”

  “Bad choice of words, Counselor. Yes, I exterminate unwanted and sick animals, but I do so with an eye on the big picture.”

  “And what is that ‘big picture,’ please?”

  “What would happen if we did not do what we do.”

  “And what does that mean?”

  “Let’s hypothesize a little. Let’s say that animal euthanasia was abolished tomorrow. Would that solve the unwanted-animals problem? Hardly. Suddenly, cities everywhere would be faced with thousands of dogs and cats with no homes and no food. Who would feed these animals? Would taxpayers sit still for massive tax increases to provide shelters and care for all these animals? Would you, Mr. Loren? Cities don’t have enough room in their shelters for people, for heaven’s sake, let alone animals. So, after a time, what would happen? Starving, sick, crazed animals would be roaming our streets, rummaging through Dumpsters and garbage cans, desperately looking for anything at all to eat. People would be afraid to walk around for fear of being attacked by savage, feral animals.”

  “Oh, come now, Ms. Troy. Isn’t that a bit far-fetched? Something of an extreme scenario?”

  “Hell, no! Sorry, Judge. It absolutely is not far-fetched! These animals exist. And since they are living creatures, they need to eat. And if they don’t get enough food, they will scavenge. It will be a survival thing, Mr. Loren. Some experts believe that in a situation as I have just described, rogue animals could even turn to killing and eating their own.”

  “Animal cannibalism?”

  “Precisely.”

  “So how did all that factor in to your decision to become a certified animal euthanasia technician?”

  “I evaluated the situation calmly, and, I hope, rationally, and came to the conclusion that, when faced with a problem with two bad solutions, you go with the lesser of two evils. So I consider what I do merciful.”

  “Do you ever feel guilty about it?”

  “No, I do not.”

  “Could you elaborate on that a little, please?”

  “What do you mean?”

  “As an ancillary part of our preparation for your trial, Ms. Troy, we talked to many people in all walks of life about what your job entailed. Many of them had the same response: ‘How could a person go to work and kill animals as part of their job?’ The public obviously considers what you do to be abominable. Don’t you feel even the least bit guilty about what you do?”

  “Again with the guilt? People think that way because they are ignorant. And also because they want nothing to do with accepting responsibility for the companion-animal problem in this country. I feel sorrow, but not guilt.”

  “I see. Very well. Your Honor, if I may, I would like to move on to another witness at this time, while reserving the right to call Ms. Troy later.”

  “Attorney Payne, do you have any questions for the defendant?”

  “Not at this time, Your Honor.”

  “Very well. Ms. Troy, you may step down. Please remember that you are still under oath. Call your next witness, Mr. Loren.”

  “The Prosecution calls Tommy Nakamura.”

  “Please raise your right hand and place your left hand on the Bible. Do you solemnly swear or affirm that the testimony you are about to give in this court will be the truth, the whole truth, and nothing but the truth?”

  “I do.”

  “Please state your name for the record.”

  “Tommy—uh, Tomoyuki Nakamura.”

  “Thank you.”

  “Good morning, Mr. Nakamura.”

  “Good morning.”

  “Tell us what you do for a living, please.”

  “I’m a student. And I work part-time at the Waterbridge Animal Shelter. Sundays.”

  “And what are you studying in school?”

  “I’m a biochemistry major.”

  “I see. Are you married?”

  “No, sir. I’m single.”

  “Do you know the defendant?”

  “Yes.”

  “How do you know her?”

  “She’s the C.A.T. at the animal shelter.”

  “C.A.T.?”

  “Certified animal euthanasia technician.”

&
nbsp; “Of course. You leave the E for euthanasia out of the acronym?”

  “Yes. Well, I do anyway. Actually, most of us do.”

  “How long have you known her?”

  “Since I started working there part-time, about seven months, I’d say. I can find out for sure if you need the exact date.”

  “No, that’s fine. Could you please tell the court about the Friday afternoon you visited the shelter and discovered that your coworkers had been murdered?”

  “Objection.”

  “Overruled. It has been stipulated that Ms. Troy admitted the murders and that six people were killed, Counselor. Proceed, Mr. Loren.”

  “Mr. Nakamura, could you please tell the court what you saw that afternoon?”

  “I work at the shelter on Sundays. I staff the front desk and take in any animals that people drop off. I write them up, feed them, and place them in a cage. It’s not all that busy on Sundays, so I usually bring some studying, and I always have my CD player with me. I listen to it with headphones, but since I’m right in front of the front door, I can see anybody who comes in, and the phone blinks red when it rings, so I don’t miss anything. The Sunday before the day of the murders, I left my CD player at the shelter when I went home that night. I was a little upset with myself because it had a new CD in it that I had just bought, and I wanted to listen to it again that night.”

  “What CD was that?”

  “Paula Cole. Amen.”

  “Excellent album.”

  “You know Paula Cole?”

  “Sure. Harbinger. This Fire. She’s—”

  “Mr. Loren?”

  “Sorry, Judge. Please continue, Mr. Nakamura.”

  “So, like I said, I left behind my CD player, and I originally planned to pick it up between classes the following day, but I couldn’t.”

  “Why not?”

  “I just got too busy with school.”

  “Well, what about the rest of the week? Why did you wait until Friday to go get it?”

  “I live with my parents, and on Monday night their water heater burst and flooded the basement. For the next few days, any free time I had was spent helping them clean up the basement and throw stuff out. We were without hot water for almost three days by the time the plumber got there.”

  “Could you please tell us about the Friday afternoon you returned to the shelter to pick up your CD player?”

  “Class ended at eleven forty-five—Human Physiology—and I didn’t have anything else that afternoon, so I went to McDonald’s and had lunch. Then I saw a movie, and then I drove to the animal shelter. Do you want to know what I ate?”

  “No, that won’t be necessary. Were you alone?”

  “Yes, sir.”

  “What movie did you see?”

  “Road to Perdition.”

  “Any good?”

  “It was excellent.”

  “What time did it start?”

  “It was a twelve forty-five show. I go to the early show because it’s cheaper.”

  “What time did you arrive at the animal shelter?”

  “It was around three, I think.”

  “Go on.”

  “The door was locked, which was very strange.”

  “How so?”

  “It shouldn’t have been locked at that time of day. They always locked it for lunch from twelve-thirty to one-thirty, but at three o’clock, it should have been open.”

  “So what did you do?”

  “I used my key and went in.”

  “What did you see when you first entered the building?”

  “Nothing. I mean, there was no one at the front desk, which was a little unusual, but not alarming. Sometimes everyone was busy in the back and the desk was left unmanned for a couple of minutes.”

  “So what did you do next?”

  “I went into the front office and picked up my CD player.”

  “Where was it?”

  “In Marcy’s desk drawer. She probably found it on her desk when she came in Monday morning and put it away for me.”

  “What did you do next?”

  “I put my CD player in my knapsack and walked into the back to say hello to everybody before I left.”

  “And then?”

  “Then I saw Tory.”

  “Go on.”

  “She was standing at the door of the euthanasia chamber.”

  “Was the door open?”

  “Yes.”

  “Could you see inside the chamber?”

  “Yes.”

  “Please tell the court what you saw.”

  “They were all dead.”

  “Who are ‘they,’ Mr. Nakamura?”

  “All the people who worked at the shelter. Everybody.”

  “Marcy, Ann, Philip, Teresa, Renaldo, and Jake?”

  “Yes.”

  “What did you do then?”

  “I said, ‘Fuck!’—sorry, Your Honor—and pulled out my cell phone.”

  “And then?”

  “I started running out of the shelter. I dialed 911 as I ran.”

  “Did Ms. Troy see you?”

  “Yes.”

  “Did she say anything to you?”

  “No. She just looked at me.”

  “What happened next?”

  “I jumped in my car and sat there until the police came.”

  “Why didn’t you drive away?”

  “Because the 911 operator told me to find a place of safety but to remain at the shelter. So I did.”

  “Then what happened?”

  “The cops came.”

  “How many?”

  “Two cars with two cops in each.”

  “And then?”

  “They jumped out of the cars with their guns drawn, ran into the shelter, and then they were inside for quite a while.”

  “Did anyone speak to you?”

  “Yes. Later. After the detectives arrived.”

  “And when did that happen?”

  “A car with two detectives showed up within a couple of minutes after the cops got there.”

  “Did you see the defendant being taken into custody?”

  “I didn’t see them arrest her inside the shelter, if that’s what you mean. I saw them put her in the cop car, though.”

  “What happened next?”

  “I talked to the detectives for a little while, and then they told me I could go.”

  “Did you see them remove the bodies from the animal shelter?”

  “No, sir.”

  “That’s all I have for Mr. Nakamura, Judge.”

  “Ms. Payne?”

  “Mr. Nakamura, what do you recall about the look on Ms. Troy’s face when you saw her standing at the door of the gas chamber?”

  “The look on her face?”

  “Yes. Did she look angry? Or sad? Or afraid?”

  “No, ma’am.”

  “How did she look?”

  “Just blank. I mean, her expression was just blank, like she was just staring at a wall or something. Like she was in neutral.”

  “I see. Thank you. That’s all I have, Judge.”

  “You may step down, Mr. Nakamura. Thank you.”

  “Thank you, Your Honor.”

  “This court will stand in recess until tomorrow morning at ten A.M. Court adjourned.”

  41

  Viviana Troy

  Defense Counsel Carolyn Payne

  “But I am afraid, Miss Payne. I’ve changed my mind. I don’t want to testify in court.”

  “Why are you afraid, Mrs. Troy?”

  “That man frightens me. And please call me Viviana.”

  “D.A. Loren?”

  “Yes.”

  “You don’t have to worry, dear. The judge is a wonderful man who is very protective of his witnesses and his jurors. It’s the lawyers he has a problem with.”

  “What will they do to me when I testify?”

  “They won’t do anything to you. You will simply have to answer some questions. That’s all.”

>   “What kind of questions?”

  “Well, you’ll probably have to answer some questions about Tory.”

  “Will I have to talk about Crouch?”

  “Yes, you probably will.”

  “Will they ask me about what he did to her?”

  “Actually, dear, I will probably have to ask you some questions about that. The abuse your daughter endured at the hands of your husband may have contributed to her mental state and had something to do with her willingness to kill her coworkers. We have to be sure the jury understands the trauma she suffered when she was young. I will try to use what happened to Tory to help Tory.”

  “Won’t Mr. Loren want to talk about that?”

  “Probably not, since he is not going to want to give the jury an opportunity to feel sympathy for her. No, the questions about Crouch will have to come from me, but I promise you they will not upset you too much.”

  “All right. I trust you, Miss Payne.”

  “Thank you, Viviana. That means a lot to me.”

  “How long will I be on the stand?”

  “Less than two hours all told, I expect.”

  “And you like this judge?”

  “Yes. A great deal. Judge Becker is a stern but compassionate man. He will not allow lawyers to manhandle witnesses, and I personally have witnessed what happens when he gets his ire up with an attorney.”

  “What does he do?”

  “One time, he had a defense lawyer put in jail for the night because he snapped at him somewhat abruptly. Judge Becker immediately declared him in contempt of court and the guy spent the night in a jail cell. The judge slammed down his wooden gavel so hard I thought he was going to crack the top of his bench.”

  “What did the lawyer do that made the judge mad?”

  “He got very aggressive with a teenage girl who had been in a car with a drunk driver when the driver hit and killed a young boy. The lawyer was defending the kid who was driving.”

  “What happened?”

  “Well, the girl hadn’t even been drinking, but because she had been in the car, she was subpoenaed to testify. She was dumb to have gotten in the car with him in the first place, but she really had nothing to do with the accident. The driver’s lawyer started attacking the girl—you know, accusing her of distracting him, egging the kid on to drive fast … that kind of stuff—and the girl broke down in tears. She just fell apart. The judge reprimanded the lawyer, who, like I said, snapped at him and interrupted him—to try to defend himself, I guess. The next thing he knew he was behind bars.”

 

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