Conscious Bias

by Alexi Venice

  “Yes.”

  “What did you talk about?”

  “I can’t remember. Just stuff, you know? I talk to a lot of people there. I only remember being shocked a few days later when I saw his photo on the news, and that he had died.”

  “Was Mr. Seif bothering you or harassing you in any way at the bar?” Dominique asked.

  “No,” Autumn said. “He was pretty drunk, but he was sweet.” Her compassionate eyes swept the Seif family.

  The courtroom went silent, as Dominique let Autumn’s answer hang in the air for impact.

  So much for Trevor’s bogus lie that he was rescuing her from Abdul, Monica thought.

  “Do you recall Trevor McKnight joining the conversation?”

  “Umm…maybe?” Autumn said, but it came out as a question.

  “Do you recall what Mr. McKnight said to Abdul?”

  “No,” Autumn said.

  “Do you recall if Trevor McKnight pushed Abdul?” Dominique asked.

  “Not really,” Autumn said. “The place can get packed, and people are sort of pushing and shoving into each other all the time.”

  “Did you see any interactions between Mr. McKnight and Abdul Seif?”

  “No,” Autumn said.

  “Thank you,” Dominique said. “Nothing further.”

  “Any cross?” Judge O’Brien asked.

  “A few questions,” Halliday said. “Do you know whether you’re in a class with Trevor McKnight or not?”

  “Ah, not really,” Autumn said.

  “Were you drunk Saturday, September 21st at The Night Owl Bar?”

  “Pretty drunk, yeah,” Autumn said.

  “Did you see Abdul Seif talk to any other girls?”

  “I can’t remember,” she said.

  “Nothing further,” Halliday said.

  Judge O’Brien looked at Dominique, who shook her head.

  “You’re excused, Ms. McGrath,” Judge O’Brien said to Autumn.

  She stepped down and left.

  “Any other witnesses for the prosecution’s rebuttal case?” Judge O’Brien asked.

  “None, Your Honor,” Dominique said.

  “Very well,” Judge O’Brien said. “Members of the jury, the evidence and testimony for this case are now complete. I will give you some instructions, and the lawyers will make closing arguments after we take a short break. Then this case will be in your hands for deliberation. Court will resume in 15 minutes. We stand in recess.”

  Everyone stood while the jurors were led out the side door by the bailiff. The judge remained seated.

  The intensity of the last few witnesses remained in the courtroom air, leaving everyone a little stunned and bruised. The only person who was beaming with energy was Dominique, accustomed to being the center of attention in an adversarial arena.

  Monica had a new level of respect for Dominique after seeing her precise cross-examinations. As if sensing Monica’s admiration, Dominique turned, and her eyes found Monica’s. Monica smiled ever so subtly. Nicely done.

  Dominique tipped her chin up in return, as if to say, Not my first rodeo.

  The judge rose to leave, and, as Monica was getting to her feet, there was a commotion at Halliday’s counsel table. The next thing Monica saw was Trevor McKnight going after Dominique like a silver back gorilla unleashing its fury in an angry rampage. Halliday grabbed Trevor’s arm, attempting to hold him back, but was lost the struggle against the pent-up anger of youth.

  When Dominique noticed that Trevor was coming after her—shouting, “You bitch! You fucking bitch!—” she squared her shoulders and faced him head on, not backing down. The TV cameras captured her bravery, as the bailiffs ran to her side.

  Halliday, experienced in the aggression of prisoners and the sharp bite of law enforcement, abruptly released his hold on Trevor when he saw a bailiff point what looked like a TV remote at Trevor’s belt.

  Trevor’s reaction was catastrophic as Monica heard an electrical zap in the air. His body arched in a torrent of agony, his face a picture of horror. He spasmed and went into tetany, falling face-first to the floor, convulsing briefly, before dropping into unconsciousness.

  His mother screamed, “My baby!”

  The onlookers in the courtroom gasped.

  The TV cameras recorded.

  The bailiffs quickly escorted Dominique and her cortège of legal assistants out.

  Judge O’Brien slammed down his gavel from the bench and boomed, “Order in the court! There will be order in the court!” He turned to the court clerk and said, “Call emergency personnel to attend to the defendant.”

  Everyone quieted and listened, as she made the call and described the situation. After she hung up, Judge O’Brien said, “Everyone will now leave the courtroom in an orderly fashion. The only people who can remain, if they wish, are counsel for the defendant and his family.”

  Monica fell in step beside Mike on their way out. As they entered the corridor, emergency personnel rushed past them on their way into the courtroom.

  Given the violent ending to the poignant testimony, Mike and Monica led the Seifs to the far end of the corridor to gather by a window, separating them from the rest of the crowd and the media.

  “What just happened?” Mohamad asked.

  “Trevor tried to attack Dominique, so the bailiff tased him via the belt he’s wearing under his shirt,” Mike said, gesturing with his hands to an invisible belt.

  “No wonder he stopped and collapsed,” Mohamad said. “I thought he had a stroke or something.”

  “No. That was a powerful, electric shock,” Mike said.

  “What will happen now?” Mohamad asked. ‘Will the trial continue?”

  “Only if McKnight is capable of sitting in a chair,” Mike said, not hiding his sarcasm. “We won’t know until he’s evaluated by medical personnel.”

  “I would guess we’ll be on break a while,” Monica said.

  She dug in her bag and came up with two RX bars that she had bought at the CrossFit box.

  “Want one?” she asked both Mohamad and Mike.

  “No thanks,” Mohamad said. He directed his attention to his family and said something in Arabic.

  “I’ll take one,” Mike said.

  “Have you been watching the jurors?” she asked Mike quietly.

  “Yeah,” Mike said, chewing and chewing, like a dog with peanut butter on the roof of its mouth.

  “And?” she asked.

  “I think the women are capable of returning a guilty verdict but not the men,” he said.

  “Why?” she asked.

  “Most of the men look to me like they’ve been in their fair share of bar fights. They’re thinking, ‘There but for the grace of God go I.’”

  “Bar fights are that common?” she asked.

  “Around here? God yes,” Mike said, still chewing on his first and only bite.

  She found a can of FITAID in her bag and opened it, washing down the thick, gooey bar. The cool liquid felt good after the trauma she had experienced on the road and the drama of the courtroom.

  She offered the can to Mike and he greedily drank, washing down the bar. When he finished, he declared, “That stuff sucks.”

  She smiled. “It’s an acquired taste. After what I’ve been through today, it tastes great.”

  He nodded, braving another bite of RX bar. “You’re going to fill out a police report with Matt, right?”

  “Of course. After court today.”

  “Good,” he said. “Back to the trial, I don’t think Dominique established anything with Autumn’s testimony. For all we know, Trevor could have been saving another girl from Abdul.”

  “I agree.” Monica washed down her bar with another swallow.

  “This case is turning into a cluster,” he said, again chewing aggressively. “Can I have another sip?”

  “Here. Finish it.” She handed him the can.

  The determined click, click of Dominique’s heels on the tile floor pulled them away from
their conversation to see her approach the Seif family. Monica and Mike quickly moved closer.

  Energy poured off Dominique as she spoke. “I thought your testimony went very well, Mr. Seif.”

  Mohamad translated, mostly for the benefit of his mother, Basmah.

  Mr. Seif replied in English. “I thought so too, but I couldn’t read their expressions. Your American judicial system has a lot of unknowns.”

  “I hope the system doesn’t let you down,” she said. “It isn’t perfect by any means, but I believe in it.”

  “I’m sorry Mr. McKnight tried to attack you,” he said.

  “No need to apologize,” she said. “It wasn’t the first time something like that has happened to me.”

  He raised his eyebrows in surprise. “I fear you will be ostracized in your community when this trial is over.”

  “I’m not worried,” she said. “By and large, people understand that I’m just doing my job. Besides, being an outcast would be worth it for Abdul’s sake.”

  “It’s very gracious of you to make such a sacrifice,” he said.

  “Will McKnight receive extra punishment for trying to attack you?” Mohamad asked.

  “He will if I bring charges. If he’s convicted on felony murder, then he’ll go to jail, so there wouldn’t be a need to charge him. If, on the other hand, he’s acquitted, then my office will seriously consider charging him for attempted assault and battery.”

  Mohamad rubbed his chin. “I wish he would’ve done that in front of the jury, so they could have seen his true colors.”

  “That would have resulted in a mistrial,” Dominique said. “Too prejudicial. It’s better that they didn’t see it, but the judge did, so we can proceed with this trial. We have as good of a jury as we’ll get, and I like the way the evidence has gone in. If we were to retry it, Halliday would coach Trevor not to say, ‘I’m not biased.’”

  “Is that why you were able to introduce that photo of him saying, ‘Heil Hitler?’” Mohamad asked.

  “Yes,” Dominique said. “We had it in our back pocket, but I was doubtful we’d find a way to get it in. That played out better than I thought it was going to.”

  “Nicely done,” Mohamad said.

  She paused a second then turned to the next order of business. “Once court resumes, we’ll deliver our closing arguments. After that, the case goes to the jury. I have no idea how long they’ll deliberate. It could be one hour, one day, or three days. You’re welcome to stay in the building or leave. I’m sure Mr. Warner could text you when the jury comes back with the verdict.”

  “We understand,” Mr. Seif said. “We’re staying a few more days because we have some additional business to transact with the hospital.”

  Dominique nodded, and Monica’s ears perked up. More business with the hospital? She looked at Mike, who raised his eyebrows and shook his head, signaling that he didn’t know what it was about.

  At that moment, one of Dominique’s legal assistants materialized at her side. “The judge wants to talk to the lawyers in court.”

  Dominique nodded then reached for Mr. Seif’s hand. “I’m sure we’ll talk again. You did well today. Thank you.”

  They shook, and Mr. Seif, a polished gentleman, bowed his head then stepped back, putting a strong arm around his wife’s shoulders.

  Dominique nodded at the rest of the family then set her sights on the courtroom, prepared to do more battle. She walked down the corridor like she owned the building, which, in a fashion, she did.

  Monica thought Dominique had developed a little strut after Trevor’s attempted attack on her, demonstrating that she wasn’t afraid of anyone or anything. Good for her, Monica thought. Whatever it takes to do her job.

  “I’m going to see what the judge wants to discuss,” Monica said.

  “I think we should as well,” Mike told the Seifs.

  They walked as a group back to the courtroom, the exhaustion of court drama playing across their anxious expressions.

  Chapter Thirty-One

  Not everyone got word that the judge and lawyers were returning to the courtroom. The paramedics had left, and Trevor had returned to jail. Some media were mingling around; others were outside smoking.

  Halliday was standing at his counsel table, nervously shoving his hands in his pockets then removing them. Once Dominique and her crew occupied their battle stations, they heard the large metal door open and close. Judge O’Brien bustled in.

  “Please be seated,” he said.

  Everyone sat.

  “Let’s go on the record,” he instructed the court reporter. “Mr. Halliday, any word on the defendant’s condition?”

  “He’s recovering in the jail with the assistance of a paramedic,” Halliday said.

  “Will he be able to return to the courtroom any time soon?” Judge O’Brien asked.

  “I don’t know,” Halliday said. “I plan to check on him in a few minutes, but I’d like to take this opportunity to move for a mistrial.”

  Judge O’Brien’s eyebrows shot up. “On what grounds?”

  “That the jury heard or saw what my client did, and that he was tased for it,” Halliday said.

  Judge O’Brien looked at Dominique. “Does the prosecution wish to weigh in?”

  Dominique stood. “Yes, Your Honor. From my vantage point, I thought all of the jurors had gone, and the jury room door was closed before Mr. McKnight tried to attack me. I highly doubt they saw or heard anything, but we could ask them. I would hate to waste the county resources on retrying this case.”

  “I agree,” Judge O’Brien said. “Let’s call the jury in, and I’ll ask them if they heard anything.”

  Halliday raised his hand. “What about them seeing it in the media? Most of the TV cameras in the courtroom were rolling when Trevor was tased.”

  “I’ve already instructed the jury not to watch any media reports about this trial, and I’ll do it again after closing arguments. Like any other case, we have to trust that they’ll follow my instructions,” Judge O’Brien said.

  “Pending Your Honor asking the jurors if they saw or heard anything, I reserve the right to move for a mistrial again,” Halliday said. “I’d also like to point out that my client is not present in court at this time, and I don’t want the jury to draw any negative deductions from his absence.”

  “I’ll tell them not to,” Judge O’Brien said. “Assuming that will suffice for this inquiry, we won’t begin closing arguments until the defendant can return. Is that satisfactory, Mr. Halliday?”

  “Yes,” Halliday said.

  “Bailiff, please bring in the jury for questioning,” Judge Halliday said.

  By now, most people, including the reporters, had figured out that court had resumed, so everyone bustled in, taking their seats while trying to figure out what was happening. Monica heard people ask if Trevor was returning for the remainder of the trial.

  Everyone stood while the jury shuffled back to their seats. Some apparently could feel the energy in the room as they cast curious looks at the gallery and counsel. Others dutifully watched the judge.

  Once everyone was seated in their familiar spots, TV cameras rolling again, Judge O’Brien addressed the jury. “About 40 minutes ago, we recessed the court for a break. As you might notice, the defendant hasn’t returned yet from that break. I ask you not to draw any inferences or conclusions from his brief absence at this time.”

  The jurors looked at Halliday’s counsel table, expecting some sort of objection from him, but he nodded.

  Judge O’Brien cleared his throat. “At this time, before I read instructions and the lawyers give their closing arguments, I have a few questions for the jury. I’ll ask you to answer by raising your hand.” He paused and looked at them, formulating the right way to ask what he had in mind.

  “On your way out of the courtroom for the last break, did any of you see anything transpire in the courtroom before the door closed?” Judge O’Brien asked. “If you did, please raise your hand
.”

  The jurors looked at one another, some shaking their heads, but no one raised his or her hand.

  “Very well,” Judge O’Brien said. “Did any of you hear anything transpire in the courtroom on your way out or after you left?”

  Again, the jurors looked at one another, some shaking their heads, but no one raised a hand.

  “Please raise your hand if you saw or heard anything,” Judge O’Brien said.

  The courtroom was silent, waiting for a juror to react. Nothing.

  “Counsel, please approach,” Judge O’Brien said.

  Halliday and Dominique rose and made their way to the bench. Judge O’Brien covered the mic. “Did I adequately query the jury? Do you have any other questions?”

  “I believe you did,” Halliday said. “As long as you admonish them to avoid media reports and not talk about the case with friends or relatives.”

  “Agreed,” Dominique said.

  “Very well,” Judge O’Brien said, pushing his half-glasses on top of his broad forehead.

  Halliday and Dominique returned to their respective tables.

  “All right,” Judge O’Brien said, again addressing the jury. “We’re going to take another 30-minute break, but before we recess, I want to remind you of an instruction I’ve already given during this trial. You are not to watch any media reports about this case, whether on social media or on TV. In addition, you’re not to discuss this case with each other, your family members, friends, or anyone else. When we return, the lawyers will give their closing arguments. We will now stand in recess for 10 minutes.”

  Everyone stood while the jury departed. Now sensitive to the jurors hearing anything, Judge O’Brien waited for the door to close fully before speaking again. “Counsel, let’s meet again in 5 minutes, at which time I’ll expect a report on the defendant’s ability to sit through closing arguments. Any questions?”

  Halliday and Dominique shook their heads, indicating no.

  “Very well,” Judge O’Brien said. He slammed his gavel. “We stand in recess.”

  Since everyone had used the facilities and snacked at the last break, quite a few people remained in the courtroom, chatting quietly. Halliday exited the side metal door to the jail, so he could confer with the tased McKnight.