“If it’s possible, I think we would all like to find Mr. Norman not guilty, but at the same time say, kind of in the alternative, that if we had found Mr. Norman guilty we would also have found him entitled to a defense of justifiable homicide for the reasons that we discussed at great length yesterday. Rather than continue this impasse, I think we should advise Judge Brooks that we would like to see him sometime this morning to explain where we are. And to see what he says about our right to issue this type of alternative verdict. If he were to permit this, I think we could then return to the jury room and conclude our deliberations very quickly. If he won’t permit this, then we are going to have to work our way through this impasse. No doubt that will take us longer.”
The jury discussed Kessler’s suggestion for about an hour. By nine thirty, they agreed that it made the most sense. That Kessler should request an audience with Judge Brooks. To explain that the jury had a question or two for him. About whether they had the authority to issue two verdicts in the alternative. And that they were hopeful they would be able to reach a final decision once their questions were answered.
* * *
KESSLER MADE THE TELEPHONE call. Moments later, Brooks’s administrative assistant called Kessler back and told him the judge would see the jury in his courtroom at ten thirty. But, as set forth in the jury instructions, the foreperson first had to put their questions in writing. And provide the written questions to the bailiff. The bailiff would then provide copies to Brooks and all counsel.
CHAPTER 131
Monday, August 10, 10:00 a.m.
KLEIN AND REILLY INDEPENDENTLY arrived at the courthouse well ahead of the appointed time. Precisely at ten o’clock, Brooks’s clerk ushered the two of them into the judge’s chambers.
Brooks ignored Klein’s and Reilly’s salutations. “My administrative assistant tells me that at nine thirty this morning she received a call from the jury foreperson. I was advised that the jury is close to a decision, but has an issue or two on which it requests guidance from me. As provided for in our jury instructions, their questions have been reduced to writing. I understand that my clerk has provided each of you with a copy of those questions. I’ve sent word that I will hear them at ten thirty this morning. As a matter of law, the answer is straightforward. Do either of you feel the need to discuss this further?”
No one commented.
“Good.” Brooks then explained how he wanted this hearing of counsels’ motion to dismiss to proceed. “Are you ready to proceed?”
Klein and Reilly each responded in the affirmative.
As if on cue, there was a knock on the door. “Enter,” Brooks responded. The court reporter entered. She looked at Brooks and then quickly set up her recording equipment. She nodded to Brooks. He glanced at Klein. “I understand you have a motion to make, Ms. Klein?”
“I do, Your Honor.”
“You may proceed.”
“Your Honor. For reasons previously explained to the court, the defense hereby moves the court for an order dismissing all charges against the defendant, Clifford Norman.”
Brooks then turned to Reilly. “Mr. Reilly, how do the people respond?”
“Your Honor. For reasons also previously discussed with the court, and in the interest of justice, the people hereby join in the motion to dismiss all charges against the defendant.”
“For the record, the court has heard detailed explanation of the grounds for this motion. And believes it unnecessary to put these grounds on the record.”
Brooks paused to make sure there would be no missing what he would say next. “After giving the matter a great deal of thought, the motion to dismiss the charges against Mr. Norman is hereby … denied.”
Klein and Reilly both looked stunned. Reilly blurted out, “Your Honor, did you say ‘denied’?”
“Is there something wrong with your hearing, Mr. Reilly? I can recommend a good audiologist if you’d like.”
Brooks knew they wanted an explanation. They wouldn’t have long to wait. We each have our reasons for wanting this hot potato gone. As much as I wanted to, after a few minutes of quiet reflection, I realized I couldn’t grant the motion to dismiss. While the jury is not required to identify who the killer might be if they find Norman not guilty, it would have been difficult for me to grant a motion to dismiss without doing so. Perhaps a few minutes of quiet reflection on my actions will enlighten counsel.
After a brief pause to allow what he had just ruled to sink in, Brooks continued. “I’ve instructed my clerk to see that the jury—and the defendant—are here for the hearing requested by the jury to address their questions. Which, again, I have set for ten thirty this morning. I expect each of you to be present as well. This hearing is concluded.”
Brooks signaled the court reporter that she could end her record. He was already busy shuffling some papers on his desk. Or pretending that he was. They each superficially expressed the customary if not mandatory “Thank you, Your Honor.” And hastily withdrew from his chambers.
* * *
OUT IN THE COURTROOM, Klein and Reilly were at first lost in their own thoughts.
Reilly finally said, “What in the hell was that? Has he lost it? Has the man gone daft? Well, maybe we’ll learn something more in a few minutes. At this next hearing. At least we won’t have to wait long to find out.”
If Klein had any answers, she kept them to herself.
CHAPTER 132
Monday, August 10, 10:25 a.m.
AT PRECISELY 10:25, THE clerk shepherded the jury into the jury box. In addition to the jury, there were seven people in the conspicuously locked courtroom. Judge Brooks’s clerk was present and sitting at her desk. So were the judge’s administrative assistant and the court reporter. District Attorney Vincent Reilly sat at the prosecution’s table. Deputy Public Defender Leah Klein sat at the defense table. The defendant, Cliff Norman, was seated at her side. His wife, Paige Norman, was seated by herself in the gallery. Where she had resided every day from the start of the proceedings. And throughout the pending jury deliberations.
No one else was in the courtroom. As far as anyone else knew, the jury was still out deliberating. As might otherwise have been typical, on instructions from Judge Brooks the clerk had not notified the press of this session.
At precisely ten thirty, Judge Brooks entered the courtroom and took the bench.
“Ladies and gentlemen of the jury, I know you are here this morning for guidance on some issues with which you have been struggling during the course of your deliberations. In keeping with the applicable jury instructions, counsel and I have your written questions. After a brief comment or two, I will answer your questions.
“Before this great nation was even a twinkle in the eyes of our founders, a very respected and wise man made a thoughtful observation. Allowing me some minor stylistic editing necessitated by today’s social mores, what Plato said was, ‘The price good men and women pay for indifference to public affairs is to be ruled by evil men and women.’
“Our nation is today wrestling with turmoil the likes of which it has never before experienced. We must not become indifferent to public affairs. You are participants in an extraordinary and singular judicial proceeding at a very important time in the history of this country. Through your deliberations, you have the opportunity to profoundly and positively impact a dialogue that I believe is only now beginning. And will continue onward for some time to come.
“From your written questions, I can surmise that this jury is not indifferent to this country’s public affairs. I commend you for that.
“This hearing is no less unique and unprecedented than any other aspect of this extraordinary case. I thought about meeting with you, the jury, in the absence of the other parties presently in the courtroom. However, I concluded that was not within my purview. At the same time, however, I didn’t think it appropriate for anyone not in the courtroom at the present time to know the specifics of where you are before you complete your deliberations.
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“Appealing as I understand it might be, the answer to your question is … no, ladies and gentlemen of the jury. The law simply does not permit you to issue two verdicts in the alternative. You must return to the jury room and complete your deliberations until you arrive at a single unanimous verdict. For what guidance it may offer, I believe the law on this subject is sound. Our system of justice requires no less. Mr. Norman deserves no less.
“This country thanks you for your continuing hard work and deliberations. Godspeed.” Maybe Klein and Reilly will now understand part of my reasoning in denying their motion to dismiss.
The jury filed out of the courtroom and back to the jury room at their hotel. Mr. Norman was taken back to his cell. Brooks stepped down from the bench and returned to his chambers.
* * *
KLEIN THOUGHT SHE UNDERSTOOD Brooks’s actions. Nervous as she was for her client, she almost even agreed.
* * *
REILLY COULDN’T DECIDE WHETHER to be pleased or dismayed, because he couldn’t tell what it bode for the outcome of the case. That was all that mattered to him. Suggesting just how well suited he might be to the political career to which he aspired.
* * *
IN THE PRIVACY OF his cell, an agitated Norman shook his head. Easy for Brooks to say. He hasn’t had to suffer what I have. And he’s not facing the prospect of spending the rest of his life behind bars.
CHAPTER 133
Monday, August 10, 11:30 a.m.
KESSLER AGAIN RESUMED THE helm. “Well, Judge Brooks answered our questions. Much as we might have liked to take the easy way out—find Norman not guilty, but be permitted to also officially say that had we instead found him guilty we would have acquitted him nonetheless under the doctrine of justifiable homicide—Brooks said the law does not permit that. On reflection, as Brooks explained it, I think the law is right. That such an approach would have been a cop-out. We have no choice but to return to our deliberations.”
Whether it was a matter of fatigue, a desire to go home, or practicality—the recognition that there was no other unanimous decision that could be reached, and a keen sense of responsibility not to become a hung jury after all of their efforts—it actually took the jury only another few minutes to reach a unanimous verdict. Kessler’s remarks earlier that morning carried the day.
Norman was at least not guilty. Not because there was unanimous agreement that he was actually not the killer. But rather because there was unanimous agreement that the arguments underlying an expanded application of the doctrine of justifiable homicide compelled a determination that any possible guilt on Norman’s part could not be established beyond a reasonable doubt. Given the political climate in the country today, there were simply too many persons with motive, means, and opportunity to have murdered Senator Wells.
It was time to give Norman some peace of mind. And to let him go home. It was time to send a message to the political representatives in this country that they must change their ways. The jury was unanimous on one further point: their work would not be complete unless and until each and every member of the jury, in his or her own way, did everything reasonably possible to publicly carry forward the jury’s rationale, and message, to every corner of the country.
This was indeed the mandate of the thirteenth person in the jury room … Judge Cyrus Brooks. Who refused to let them take the easy way out.
CHAPTER 134
Monday, August 10, 2:30 p.m.
THEY WERE ALL THERE in their places. Where they had all been from the first day. Once again, after his administrative clerk buzzed him to signal that all were there, Judge Brooks entered the courtroom and took the bench. “Ladies and gentlemen of the jury, do I understand you have reached a verdict, and that it’s unanimous, ‘say one, say all’?”
Kessler stood in the jury box, surrounded by his colleagues, who remained seated. “That’s correct, Your Honor. I have here that verdict, which I have subscribed and sworn to as jury foreperson.”
“Then please hand it to my clerk, who will deliver it up to me.”
The clerk took the sealed verdict from Kessler. And gave it to Brooks. Who opened the envelope. And read in silence. Showing no emotion, he handed the verdict back to Jones. “The clerk will now read the verdict.”
The clerk read the unsealed verdict in a strong, clear voice. “We, the jury, in the case of People versus Clifford Norman, unanimously find the defendant, Clifford Norman … not guilty.
Well-practiced, Brooks raised his gavel as the final words escaped his clerk’s lips. It didn’t do any good. Brooks sat patiently. Perhaps for the first time in the proceedings. Allowing the ruckus and the assortment of feelings to run their course. After what seemed like several minutes, but no doubt was less, he resumed his proper station.
“Ladies and gentlemen of the jury. Your services here in this courtroom are concluded, but your services to our great nation are by no means finished.
“In his own time of despair and darkness, and in his own unique way, Cliff Norman lifted up a heavy rock and shined a light where we desperately needed it. You have brought new energy and staying power to Mr. Norman’s light. To Mr. Norman’s indictment of our political system. Your words have resonated loud and clear. Do not forget or ever make little of that.
“Go home to your families and friends. Go back to your communities. Share and continue the dialogue you have begun here. There is more work that needs to be done. Do not let Mr. Norman’s light burn out. Do not let your light burn out. As Plato admonished, do not be indifferent to public affairs.
“And to you, Mr. Norman. This verdict certainly does not resolve all of the challenges that you will need to face in the months ahead. However, in more ways than one, I believe you are now unequivocally a free man for the first time in a long while. I hope this will be the first step on the road to redemption for you, and for Mrs. Norman. Who I know has stood by you.”
Norman finally smiled. Visibly but quietly.
His smile was not lost on Brooks. Indeed no more ranting and raving should be necessary for Mr. Norman. Somewhere I hope Plato is smiling too.
If Brooks was also smiling, he didn’t let it show. He just stepped down from the bench and returned, once again, to the sanctity and solitude of his chambers.
EPILOGUE
August 10–September 28
The price good men pay for indifference
To public affairs is to be ruled by evil men.
—PLATO
CHAPTER 135
Monday, August 10, 6:00 p.m.
ELOISE BROOKS CHEERFULLY GREETED her husband on his return home at the end of the day. As she always did. Brooks would not have changed a single thing about his wife. “Good evening, love. Dinner’s just about ready,” she said to him.
“Give me two minutes to change my clothes and I’ll be right in.” Brooks stopped in his home office to quickly check his email. His two minutes became more like five or six.
Mrs. Brooks called out, “Food’s getting cold. Are you going to be much longer? Do I need to put it in the warming oven?”
“No,” Brooks called back. “Coming right now.” He finally appeared two or three minutes later.
They sat down to dinner. Mrs. Brooks asked, as she always did, “How was your day?”
“Pretty much the same as usual,” Brooks replied, as he always did. Ignoring in this instance any reference to the unusual conclusion of the Norman case that he had presided over earlier that day.
“How was your day? And how is your back?”
“My day was quite nice. My back is feeling a little better. Ryder gave me quite a workout, though.” Ryder, their Havanese puppy, was a real bundle of energy. Even their British shorthair cat, Maccabee, enjoyed Ryder. Brooks knew that Mrs. Brooks was very pleased that Maccabee now had a friend to keep him company during the day, while Brooks was running his court and she was off running the rest of the world.
Brooks was rather quiet. Deep inside, he was continuing to struggle with his
management of the Norman case. Hollister and Ayres dead. Lotello almost killed. And wouldn’t you just know it, some worthless scoundrel got hold of that demented DVD and posted it on YouTube after all! Love to know who pulled that stunt. I should have handled things much better than I did. Especially concerning Bernie. I think I must be losing my touch. Maybe it is time for me to step down. I’ll have to sort it all out. But I’m not going to worry Eloise with any of this. “What’s on television tonight, dear?”
“It’s the finals of So You Think You Can Dance. I’m really looking forward to it. Who do you think’s going to win?”
“I think that pretty little redhead with the freckles is going to take it all. That’s how I’d decide it … if I were the judge.”
* * *
ELOISE BROOKS WAS ALSO processing her own thoughts. Not that I don’t appreciate it, and love him for it, but I wonder why Cyrus thinks he needs to protect me all the time. Treat me like I’m so fragile. And why does he think I don’t know exactly what’s on his mind? How upset he is that he couldn’t prevent what happened to dear Bernie, that nice Frank Lotello and those two other men. He’s always so hard on himself. But he’ll sort it out. And get through it. He always does. Still, a little gentle coaxing might be of some help to him. “Did I hear you say your day was ‘pretty much the same as usual’? The news reports I listened to this afternoon describing the outcome of the Norman case didn’t make your day sound like it was very ‘usual’ at all.”
“Oh, well, you know those news folks. Always looking to make more of something than is actually the case. They need to outdo one another to maintain their following.”
Mrs. Brooks gently probed. A question here. A question there. Slowly, Brooks finally gave her his take on the matter. And everything related to it. And not. As of course she knew he would. Very slowly. For over an hour. She listened patiently. Someone had to. Brooks needed that.
Brooks-Lotello Collection Page 70