by J. A. Faura
Steven nodded, “Okay, if that’s what you guys think is best.” Ray spoke up, “We do. I mean, think about it, when the prosecution presents their case, what is it that they’ll be presenting? What can they present? The who and how are already well established, so they’ll be simply trying to convince the jury about the why.” Max went on, “It’s true, all they will be able to argue is the why, but it will still be an uphill battle for us. I can guarantee you that they will move on with the argument that you did what you did in a fit of rage after learning about what happened to your daughter, and it will most definitely be a battle to convince the jury otherwise. They’re human beings, Steven, and they will be thinking about how they themselves would react if one of their children suffered the same fate.”
Steven was listening to his lawyers and trying to understand the subtle legal maneuvering they were making reference to, but it was hard to do so after his meeting with Diana. Still, what Max had just shared seemed like it would bode well for him, not against him, “Well, isn’t that a good thing? I mean, don’t we want the jury to feel sympathy for me?”
Now Drew jumped in, “Yes and no. We want them to feel for you, for what happened to you, but we don’t want them putting themselves in your place, because if they do they will come to the conclusion that you probably did what you did out of revenge. That’s what they would have done in your place. You have to understand, Steven, most people are not former Special Forces operators and senior executives at security firms. They do not have the self-control and deliberation that you have. Most of them are just regular people with regular jobs and regular lives, and those kinds of people would not have undertaken everything you did when your daughter went missing. They can relate to losing your mind and shooting your daughter’s murderer because of grief, anger, revenge any one of the expected human emotions after experiencing something like this because that’s exactly what they might have done. Our task is to convince those people that it was none of those things that drove you to do this, that you did what you did because of what you found in your research and that, Steven, is going to definitely be an uphill battle. We have to convince 12 people that Donald Riche was not a human being, that he was a part of the species you read about. In other words we will be asking them to put aside everything they’ve known about the human race and to accept that there is now a species higher on the food chain than humans.”
Ray spoke up again, “That’s not quite accurate, Drew, we need to convince these people that Riche could have been one of these things, which means that what we really have to work on is convincing them the species is real, that it exists. If we do that, then moving them into believing Riche could have been one of them becomes doable.” Max was nodding, “That’s right, and the way we are going to convince these 12 people that you didn’t do this out of revenge or rage is by having you explain that if that had been your motivation, you could have done it and gotten away with it.”
Steven was taken aback by this, “Wait, are you serious?! You want me to testify that if I wanted to, I could have gotten away with it?! That doesn’t sound like something you’d want someone accused of murder saying, especially to the jury.” Max leaned in, “You’re right, in any other murder trial it would be crazy for a defendant to say that, but you have to, Steven, you absolutely have to. Think about it, how else are we going to convince these 12 people that you didn’t do this out of revenge? The way we do that is by convincing them that if it had been revenge you wanted you could have killed Riche and walked away. You had an iron-clad alibi and the world was glad to see him go, so most likely you would have gotten away with it. That’s true, isn’t it, if you had wanted revenge you would have gone about it some other way, wouldn’t you? You wouldn’t have turned yourself in.”
Steven considered that and nodded, “Yeah, you’re right, I would have just walked and gone about solidifying my alibi, making it air-tight.” Now Drew jumped in, “That’s right, and we will be asking the police how likely it would have been that they were going to catch whoever did it before you turned yourself in. I guarantee you, they will say that they had no solid leads, no suspects for the shooting. They have to because that’s what they kept saying after the shooting, ‘no solid leads’ or ‘the investigation is ongoing.’ I can tell you right now that no policeman is going to get up on the stand and testify that they were on the verge of cracking the case when you turned yourself in, it’d be bullshit and they know it.”
Steven understood the need for him to say exactly what they’d just explained, that he could have gotten away with it. Still, he wanted to make sure that the science, the work of Leonard and others like him, would be kept front and center, “I get it, I really do and I have no problem with testifying to it, it’s the truth, but I want to make sure that the science, the research I did, will play a central role in my defense. That’s the only way the jury will believe any of this. Look, I know you guys are trying to establish an angle and I understand that, but you also have to understand that a big part of what I did, a big part of the motivation, came from fear, from being in the presence of something so far removed from anything human that it grips your heart and fills it with fear. That’s what being in that warehouse was like, like we were intruding in the lair of something unspeakable. There have been mass murderers before, we all know that, and there have no doubt been people that have committed similar atrocities, but this was different and everyone there could sense it. There was an intelligence and a deliberation there that spoke of very careful planning and execution. The fact of the matter is that Riche made a mistake, he took two girls that could easily be associated with each other, but what if he hadn’t? What if he had kept taking girls from vastly different backgrounds and neighborhoods? The police would have admitted that a serial kidnapper, and most likely a murderer, was on the loose. People would have held their children tighter, they would have been more vigilant, but so would Riche. He would have been more careful, his plan would have changed to account for the additional vigilance. And he would have kept hunting. No, gentlemen, the only way we can convince these 12 people on the jury is by showing them the science of what these things are, by reminding them what for centuries society has deemed to be human and showing them how far from that these things are. Think about it, the bottom line is that if they find Donald Riche was human it would mean that he was a part of their species, the human species. If we give them a solid enough option, an option based on serious scientific research by authorities in their field, they’ll take it.”
The three men were nodding, they understood that as much as they could strategize on the legalities of the case, it was human emotion that had to come through and that human emotion would have to be fear. Ray spoke first, “You’re right, only you can communicate that feeling, that fear, and we’ll make sure to set you up to do it. As far as the science, we have to get with Dr. Leonard, Dr. Grossman at Columbia, Shultz to go over his involuntary indicators, and a few other scientists we’ve found who have also done good work, and we’re going to have to prepare them to give their testimony in a way that is understandable to laymen. I think Leonard, Shultz and most of the others should be okay, but Grossman might be a problem. The guy has a stick so far up his ass he has trouble looking down.” The group chuckled at the comment.
Max spoke up next, “Well, let’s bring them in and take them through the case and make a decision then. It makes no sense to try and make decisions before we hear them on the stand.” Steven wanted to know why one name was missing, “What about Scoma, Dr. Jim Scoma at UC Irvine? Aren’t you guys planning on calling him in?” The three lawyers looked at each other, Drew spoke up for the group, “No, we weren’t. His work doesn’t relate to Riche or the case and we thought he might just end up confusing the jury.”
Steven shook his head, “No, I don’t think he will. I mean, I will defer to whatever you guys decide in the end, but the man is incredibly engaging and his work was a big part of what convinced me that this new species
was possible. You’re right, his work deals with other types of behaviors, but in the end it is still about something other than what we know as human beings on the face of the earth. Some of his work and the examples he gave me made a lot of sense, it had a balancing effect on me, to be quite honest.” Ray looked puzzled, “What do you mean it had a balancing effect?” Steven answered, “What I mean is that I had doubts, I could not understand how a new species, something beyond human, could manifest itself only in the most deviant and horrible end of what we consider the human spectrum. I mean, think about it, a new species arises, a species more evolved than humans and that new species only manifests itself in the most horrible way imaginable, as a predator hunting humans. I just had a hard time believing that evolution only manifested itself on the evil end of the human spectrum, and Scoma and his work showed me that was not the case, that the new species also manifested itself in other conditions. Leonard was the first to catalogue the species and to name it, but Scoma is also working to define another species that does not manifest exclusively as predators. He hasn’t named it and is still researching the similarities and differences with Leonard’s Homo predator.” The three lawyers were considering what he had just walked them through. It was clear they would talk about it again, but at least he had made his wishes known. The four men stayed in Max’s office for the remainder of the day, strategizing about their case and preparing for what the prosecutor was likely to throw at them.
Judge Denies Defense’s Request
API-Manhattan, New York
By Felix Garcia/New York Chronicle
The judge presiding over the Steven Loomis murder trial has denied the defense’s request to put Harvey Lynch, a well-known defense attorney, on the stand. Loomis is accused of the shooting death of Donald Riche, which took place as Riche was being transported to the central holding jail on January 17. Donald Riche had been arraigned on charges that he abducted and killed nine girls between the ages of six and eight. Tracy Loomis, age six, was one of Donald Riche’s alleged victims. Steven Loomis eventually turned himself in and took responsibility for the shooting. He has since claimed that there is solid science that has classified another species within the same family as humans. His defense team will present a defense where they will argue that Loomis cannot be convicted of murder because Donald Riche could not be scientifically and therefore legally classified as a human being. Drew Willis, lead counsel for the defense, believes the science will prevail, “Mr. Loomis is a senior executive with a global intelligence firm and a highly trained Special Forces officer, he would not make this claim unless there was extensive, solid scientific evidence to support it.” In a preliminary ruling, presiding judge, Lester Newman, allowed the defense to move forward with their argument but limited the evidence of Donald Riche’s alleged crimes to those that involved Steven Loomis’s daughter, Tracy. The defense wanted to put Harvey Lynch, the attorney who represented Riche leading up to his arraignment, on the stand in order to prove Riche was not in a delusional state and had in fact very carefully planned everything he was accused of doing. In his ruling today, the judge stated that attorney-client privilege applied even though Donald Riche is dead. District Attorney David Neill stated that it was a good ruling because it honored the most sacred duty an attorney owes to a client, “We feel it would have been a violation of what should be an inviolate duty, the duty of an attorney to keep every communication in confidence. Had the judge allowed Mr. Lynch to be put on the stand, we would have had a slippery slope where lawyers involved in a host of cases would have tried to claim some exception or another to put an attorney on the stand.” Drew Willis was disappointed in the ruling but remained confident about the defense’s case, “We are disappointed in the ruling, because we feel that Mr. Lynch’s testimony could have provided some context for the jury, but we are confident that even without that Mr. Loomis’s argument will still prevail.” Max Zeidler, another member of the defense team and a well-known member of the New York legal community, was also confident their case was not harmed by today’s ruling, “I don’t understand how the judge came to this conclusion. When the person who can claim the privilege is dead, so is the privilege. Still, the science will be clear and undeniable once we are able to present it.” Asked about Steven Loomis’s defense, the DA reiterated that his office believes it to simply be a move of desperation, “It’s the fourth quarter and they’re down by six, of course they are going for the Hail Mary. We are confident, however, that the jury will be able to see past this and concentrate on the issue at hand: Did Steven Loomis kill Donald Riche with malice and premeditation? The answer is clearly a resounding yes.” Barton Lewis, the deputy district attorney leading the prosecution team, says the jury will be able to keep emotions out of their decision, “We are all aware of the circumstances that brought us here and I think we would not be human if we did not sympathize, but we are also a nation of laws, and the people believe the jury will be able to keep that front and center as they make their decision.” Some legal experts believe that the prosecution may be underestimating the potential effect that public opinion will have on the jury. Frank Mallory, a jury selection consultant, believes the evidence presented will have a powerful effect, “I think the prosecution does not realize just how far public opinion can move a jury. Of course everyone that will make up the jury pool will say that they can be fair and not take any of the other facts surrounding the case into account, but they’re human and some of the evidence they will be looking at is going to move them.” The trial is scheduled to begin in two weeks. Jury selection will begin on May 12 at 8 AM.
Not far from his law offices, Harvey Lynch was sitting on a stool at a greasy-spoon diner, enjoying his lunch, the meatloaf special. ‘You’re damn right I’m not going to testify’ he thought as he took another bite of meatloaf and put down the paper he had been reading. He wanted nothing to do with Riche, Loomis, nothing even remotely linked to the case. He had taken on Riche as a client before his warehouse of horrors and the mutilated bodies of nine little girls had been found. When the shit hit the fan, he had no choice but to represent Riche. He had been almost ecstatic when Riche had been shot. ‘Good riddance’ he thought as he took another bite and shuddered at the memory of the things he had heard from Riche and the pictures he had seen of his client’s exploits. He had not been able to get a good night’s sleep for almost two weeks after that. He was still going to counseling and was only now able to get a few hours of uninterrupted sleep with the aid of a sleeping pill. He would never, not once, repeat what Riche had told him. Never. His law practice, which had been a general practice that included a fair share of personal injury and divorce prior to Riche, was now almost exclusively devoted to criminal defense. Criminals, it seemed, were impressed by the fact that he had represented a monster. They figured, quite correctly in fact, that by comparison their crimes were child’s play. Lynch was thankful for the financial benefit this brought but was more than willing to give it up in order to pick up more cases that had nothing to do with criminal law. Unfortunately for Lynch, the same thing that brought the criminals kept the other clients away. Still, he couldn’t complain. His practice was doing well and his life was just about back to where it had been before all this craziness. Next to him were other patrons also enjoying their lunch fare, burgers, ribs, pot roast, good old American food. Lynch smiled at the fact that this was not a place for vegans or health nuts, this was a true greasy spoon and he enjoyed his food immensely. The long counter where he was sitting accommodated another 20 stools. A refrigerated case at the end of the counter displayed a good variety of pies. Lynch had his heart set on coconut cream. Their coconut cream pie was legendary. Behind the counter waitresses rushed to pick up their orders, urged on by the short-order cooks who rang a small bell with their spatula every time an order was ready. It never ceased to amaze him how each waitress knew when it was her order that was ready, the cooks never called out a name.
Above and to the left of the opening where the co
oks put the orders sat a flat-screen television tuned to CNN. There were no baseball games scheduled and the Jets and Giants wouldn’t start their season for another few months, so CNN it was. The din of the lunch crowd drowned out the sound on the television almost completely. Not surprisingly, CNN was completely dedicated to the Steven Loomis case. It had been that way since the day Loomis had turned himself in. At first Lynch himself had hardly been able to go anywhere without someone trying to get a comment or an exclusive interview with him. Once the article that Felix Garcia had written was published, fewer and fewer requests came his way. He had been a part of other cases that had gotten incredible coverage, but this was ridiculous. Late-night talk shows, morning shows on television and radio, even freaking sports shows had something to say. The initial reaction was that Loomis had lost his mind because of what happened to his daughter. Most experts were of the opinion that Loomis’s attorneys were setting up for an eventual temporary insanity defense. That had changed, however, when experts like Tyrone Leonard and others like him were interviewed. They had shared their research and their findings with the world and now public opinion was leaning toward Loomis’s argument. As he sat cleaning the gravy on his plate with a piece of roll, Lynch listened to the two men sitting immediately to his left. “I don’t buy it, you know what I mean. I mean, the guy’s daughter was murdered by that animal, who wouldn’t want to take the piece of shit out, but this, this thing about another species and all that crap is just bullshit. Y’ know? I mean, he should just own up to it, you know what I’m sayin’? Just say, ‘Yeah, I took the piece of shit out because he killed my daughter and what about it’ or somethin’ like that. People would understand that, not all this other happy bullshit they’re sellin’. I bet it’s the lawyers that are tellin’ him to say that. Fucking lawyers, did I tell you about Gina’s fucking lawyer? Alimony! Can you believe that shit?! She fucks Tommy Lagazzio and then has the fucking gall to ask for alimony?” The man sitting next to Mr. Alimony had obviously heard this tirade before, “Yeah, you told me already, like 10 times. And you know what? I don’t believe the guy’s full of shit. Have you heard about this guy? He was in the Navy, one of those SEAL guys, like the ones who killed Osama. I ain’t shittin’ you. Those guys don’t fuck around, y’ know what I mean. They are trained to kill in like a hundred ways without getting caught. They even know how to kill with a paperclip…”