Web of Justice
Page 14
“Unfortunately, his will to better himself was what got him caught up in this dire mess.
“I agree that this looks like cold-blooded murder. But there is a dominant narrative here that the media is already indulging in—the hysterical notion that Demarco is the face of a sinister threat to us all—black criminal gangs.
“But there is another even more compelling narrative—it’s called the truth. It wasn’t hate or revenge or gang pride that led Demarco Torrell to the Anaheim Convention Center that day. It was the most simplistic of things—doing something for a buck. Toby Connors offered him a thousand dollars to take part in what he was told was a prank. An attempt to humiliate one of YouTube’s biggest stars. Help me get a pie-in-the-face video of Luke Jameson for my channel, Toby told Demarco, and I’ll give you a grand—half now, half later. To Demarco this offer was like a gift from God—a sign that he was on the right path and a little helping hand from the Almighty to help him on his way.
“But your responsibility is not to swallow the alluring perceptions crafted by others. It is for you to craft your own perceptions, using all the facts and the abundant common sense you possess. And I say again, try to resist any efforts to trick you into thinking this is a simple crime of hate and vengeance.
“I urge you to put yourself in Demarco Torrell’s shoes. Would you, could you walk out onto the streets and commit such a terrible crime? To find Demarco guilty, you will have to convince yourself he had a motive so powerful that he was willing to throw his own life away to see these two men dead. I don’t think you will be able to. Demarco Torrell could no more have carried out these terrible murders than you could have.
“I am honored to be defending Demarco against these charges. There is no greater service of the justice system than to ensure that innocent people are not sent to prison. This is your earnest duty—to resist the efforts to paint an evil picture of my client. Because to accept them would be serving the opposite cause of justice.
“The bedrock of justice is the presumption of innocence. You must presume Demarco Torrell to be innocent. It is the task of the prosecution to convince you beyond a reasonable doubt that he is guilty. The prosecution has the burden of supplying proof.
“Beyond reasonable doubt. This is the highest bar our legal system sets. If you believe the balance of guilt is more than half—that you mostly think the facts indicate he’s guilty—you must find him innocent. If you think there’s a seventy-five percent chance he’s guilty, you must find him innocent. If you cannot say beyond a reasonable doubt that you think he is guilty, then you must acquit him. Thank you.”
As I spoke, I was encouraged to find the jury well engaged. None of them sat back or slouched. No body language betrayed a resistance to my words—no one folded their arms, stole a yawn behind cupped hands, or let inattentive eyes stray anywhere else in the courtroom but me. I resumed my seat behind the defense table feeling boosted. I gave Demarco a look of encouragement.
“We can win this,” my expression urged. “We’re going to in this. I’m sure of it.”
And that’s what I truly thought. Against all odds, I was going to win this case. I allowed myself a brief daydream of seeing the weight lift of Demarco’s shoulders, Jasmine’s tears of relief, the satisfaction of honoring the memory of Tank. It was a wonderful feeling, if premature.
I smacked the indulgence clear of my mind.
It was game on.
18
Jessica Pope began with the eye witnesses. First in line was seventeen-year-old Mandy Alvarez. Dressed in a light blue sweater with thick glasses, braces and black hair in pony tails, she was a picture of virtue. And that meant a potential angel of doom for Demarco. Having seen her original testimony, I knew the crux of her story. But I believed there were holes that needed prying open.
After Alvarez was sworn in, Jessica stood and walked her through some background. Then she began establishing her credibility as an eye witness.
“Ms. Alvarez, please tell the court where you were on the morning of July 6 last year.”
“I was attending VidCon at the Anaheim Convention Center.”
“Were you there alone?”
“No, I went with a bunch of friends, school friends. We all had three-day passes.”
“And you were particularly keen to see Team 5MS perform, is that right?”
“That’s right.”
“Could you please explain what Team 5MS is?”
“It’s a group of ten YouTube stars who all perform together at events like that. You know, they put on a show for their fans.”
Alvarez came across much cooler than her sweet little girl looks suggested. She was confident. She didn’t hesitate a second before answering. She looked at Jessica the entire time, sitting up straight, hands in her lap. I could see why Jessica had wanted her on the stand first and would no doubt want her there a good while—the jury would swallow her every word.
“What kind of shows?”
“It’s a mix of stuff—music, talks, interviews, dancing. It’s awesome.”
Alvarez couldn’t help but shudder with excitement.
“Was this event what you were looking forward to seeing most?”
“Yes.”
Snap. Just like that, that joyful vibe evaporated. Alvarez was now as solemn as a tombstone.
“Ms. Alvarez, walk me through the lead-up to the shocking event you witnessed. When did you enter the theater to see Team 5MS?”
“I knew they’d be late. They always are. Luke in particular. I mean, he’s the real star. He put the crew together—it was his idea—the guy is a genius, but he’s always late. It’s like his thing. And he makes a grand entrance from the crowd. So I waited to try and see him come in and then follow him.”
“And did you see him enter the theater?”
“Yes, I did.”
“At what time?”
“It was just before twelve-thirty. He was about half an hour late.”
“How could he just walk in without being noticed?”
“Everyone was already inside the theater waiting for the show to begin. Well, there were a few stragglers. But he could just walk straight in. And it was totally dark inside. That’s what he asks the production crew to do—to turn off every single light except for the exit signs, of course.”
“What about cell phones?”
“Everyone’s told via the PA to keep them off until the show starts. It all adds to the excitement.”
“Okay. I get the picture. Now, did you see Luke Jameson approach the theater entrance?”
“Yes, I did.”
“Was anyone else near Mr. Jameson?”
“Yes, I saw a person a few steps behind him.”
“Is that person in this court?”
“Yes, he is. Right there.”
Alvarez pointed at Demarco.
“For the sake of the court record, I’ll just confirm that the witness is pointing at the defendant. Ms. Alvarez, what happened next?”
“Luke kind of jogged up to the entrance then went inside.”
“And what did you see the defendant do?”
“He kept right behind Luke and followed him in.”
“Did you see any words being exchanged between the two men?”
“No, not then. My impression was that they didn’t know each other.”
“So what did you do once Mr. Jameson walked past you?”
“I followed him into the theater.”
“Did you speak to him?”
“No I didn’t want to out him. I just wanted to see him surprise everyone.”
“Then what happened?”
“I followed Luke inside, but that man over there was between us. He stuck right behind Luke. It was very dark, so I stayed right behind that man, and I could sometimes see Luke’s back as he made his way through the crowd. After a minute or so we’d worked our way up to within a few yards of the stage, and that’s where Luke stopped. So I stopped.”
“Was the defendant there?”
“Yes, he was standing between me and Luke, so I worked my way around him so I could stand next to Luke.”
“And that’s when you heard the defendant address Mr. Jameson?”
“Yes.”
“Please, tell us what you heard.”
“The defendant kept trying to get Luke’s attention. He was like, ‘Yo, dude. Yo, dude.’ He was saying it loud again and again. I turned around but I couldn’t see too well because it was so dark.”
“Then what happened?”
“The defendant was saying stuff like, ‘What goes around comes around, bro. You’re gonna have to pay. You’re gonna have pay. You’ve been served by God!’ Then finally Luke turned around. And that’s when he shot him.”
“You saw him shoot Luke?”
“Yes, there was a flash of light that lit up his front. Then the gun went off again. And then everything went crazy.”
Alvarez was in tears now. She brought a handkerchief up to her eyes and took a few deep breaths to collect herself.
“Please, when you’re ready, tell us what you saw.”
“Luke collapsed. He just dropped to the floor.”
“Sorry to interrupt but how can you see if it’s so dark?”
“Well, it wasn’t pitch black. There was a small amount of light so that after your eyes adjusted you could make out some things. And then after the shooting some people put their phone flashlight on.”
“Okay, please continue.”
“Everyone started pushing and screaming as they tried to run away. People were shouting out that someone had a gun. I could hear someone shouting, ‘Get down!’ Others were screaming, ‘Run!’ But no one was sure where the shots had come from, so people were trying to escape in every direction.”
“What did you do?”
Alvarez began to sob.
“I ran away. I was so scared. That’s all I could hope to do—to get away before I got shot. I didn’t want to die.”
Jessica paused to give Alvarez time to collect herself.
“Mandy, can you tell the court who shot Luke Jameson?”
“Yes. It was him. That man sitting there.”
“You are pointing at the defendant Demarco Torrell, is that right?”
“Yes. That’s right. He’s the one that shot Luke.”
“Thank you, Mandy,” said Jessica. “Nothing further from me, Your Honor.”
I stood and waited for Jessica to resume her seat before I stepped out from behind the defense table. I knew Mandy Alvarez’s witness statement word for word, as I did for all the prosecution witnesses disclosed during discovery. Jessica had done a good job. She’d pretty much prompted Alvarez to reproduce her statement verbatim. But I’d flagged a few points about her testimony. Now was the time to raise them.
I’d be lying if I said I didn’t enjoy this part of being a trial lawyer. I wondered what Jessica had done to prepare Mandy Alvarez for my cross-examination. Nothing less than thorough, I expected.
“Miss Alvarez, I don’t have too many questions for you. First up, you say you saw my client Demarco Torrell shoot Luke Jameson, right?”
“That’s right.”
“So I just want to be absolutely sure we are clear on where you were standing when the shooting happened. Were you standing in front of Mr. Jameson, or beside him?”
“A bit of both—I was standing just in front of his left shoulder.”
“And there was no one else standing between you and Mr. Jameson, is that right?”
“Yes.”
“How tall are you, Ms. Alvarez?”
“I’m five six.”
“Fix six. Right.”
“And from the records, we know Luke Jameson is six foot one. So you’re seven inches shorter, would you agree?”
“I guess so. That sounds about right.”
“Okay. Now, was your shoulder touching Mr. Jameson’s body?”
Alvarez shifted a little. The suggestion of physical intimacy, however nonsexual, between her and her idol made her self-conscious.
“At times, yes.”
“So to be precise, the back of your right shoulder was coming into contact with his upper left arm. Does that sound right?”
“Yes.”
“Was Mr. Jameson indicate in any way that he was aware you were touching him?”
Alvarez blushed a little.
“No, I don’t think so. It was a concert. You expect to bump into the people around you.”
She flashed a guilty glance at Jessica. She knew she was not meant to elaborate. She straightened, mentally telling herself to be more careful.
“So were you turning your head to look at him?”
“Yes. From time to time.”
“At the time of the shooting, which way was Mr. Jameson facing?”
“He was facing away from the stage.”
“So he had turned around to talk to my client, is that right?”
“Yes.”
“Before any shots were fired, did you know Mr. Jameson had turned around?”
“No, I did not.”
“So he didn’t bump you as he did so?”
“No.”
“You didn’t feel his body touch yours?”
“No.”
Ms. Alvarez shifted a little uncomfortably. Good. She was no longer the rock-solid little figure the jury had been presented with under Jessica’s Q and A.
“Objection, Your Honor!” Of course, Jessica was on her feet to defend her witness. “How is this relevant to the case?”
Judge Garner gave me a look of thinning patience.
“Get back on track quickly, counselor. Overruled. Please answer the question, Ms. Alvarez.”
“Yes, Your Honor. No, I did not feel any contact with Mr. Jameson to indicate he had turned around.”
“So you turned around when you heard him talking to my client, is that right?”
“Yes.”
“Would you say you heard everything that was said between my client and Mr. Jameson?”
“I can’t say for sure. But I think I caught most of it, like I said before.”
“In your pretrial testimony you said you were sure you had heard the entire conversation. Is that not true?”
Mandy squirmed.
“Upon reflection, I can’t say I heard it all—but I know I heard a good deal of it.”
“And you turned around because you heard raised voices, is that right?”
“Yes.”
“You say Mr. Jameson sounded like he was angry with the defendant, is that right?”
“Yes. They were angry at each other.”
“And what did you see immediately?”
“Just after I turned around the shots were fired, and I saw the face of the defendant light up.”
“Even though it was dark, you are sure it was him?”
“Yes.”
“Thank you, Ms. Alvarez. You have stated the defendant looked angry. Now, remember when I asked you your height and we compared it to how tall Mr. Jameson was?”
“Yes.”
“So, can you please help the court understand your field of view. Because you have said you were standing just in front of Mr. Jameson to his left before you turned around. So did any part of Mr. Jameson’s body obstruct your view of the defendant when the muzzle flashes went off?”
“Yes, his shoulder. I could just see over his shoulder.”
“Did you have to stand on tippy toe to do that?”
“No.”
“Could you see his hair?”
“Yes.”
“Could you see his eyes?”
Alvarez hesitated like she had to think carefully about her answer.
“Yes.”
“Are you absolutely sure you could see his eyes, Ms. Alvarez?”
“Yes, but it was quick.”
I could almost hear Jessica groan.
“Could you see his nose?”
“No.”
“His mouth?”
“No.”
“His chin?”
“No.
“Right, so from two split-second glimpses at the defendant’s eyes, you have testified that he looked angry. Are you sure you want to stand by that assertion, Ms. Alvarez? Because this is the defendant you’re talking about. This man sitting right here. And you’re sure he looked angry?”
Alvarez paused longer than ever. But she decided to stick to her guns.
“Yes.”
“You’re certain about that? Are you sure he didn’t look shocked?”
No answer.
“Are you sure he didn’t look surprised rather than shocked, Ms. Alvarez? Because if he is innocent, then my bet is that he would have been as shocked and surprised as you were. Are you sure he didn’t look shocked, Ms. Alvarez?”
No answer.
“Please answer the question, Ms. Alvarez.”
“Yes, I’m sure. He looked angry,” she said, almost apologetic.
“So you expect us to believe that, having never met Demarco Torrell, and going by a fleeting glimpse of his eyes that you are certain you can tell whether he looks angry, as opposed to confused or incredulous? Do I need to remind you that this young man’s life is at stake, Ms. Alvarez?”
“I don’t know,” she murmured.
“What’s that, Ms. Alvarez? Please speak louder.”
“I said I don’t know,” she said, her head bowed. “I can’t be sure.”
“Are you saying that upon reflection you are not certain my client looked angry?”
“Yes, that’s right.”
“Now, Ms. Alvarez, did you see any other faces lit up by the muzzle flashes?”
“Yes, a couple.”
“Did you recognize any of them?”
“Yes. One of them was Evan Harrington. And there was an older guy I’d never seen before.”
“For the benefit of the court, could you please let us know who Evan Harrington is and why you would recognize him so readily?”
“Um, he’s another vlogger that I follow. He posts daily videos about family life. He has a lovely wife and two adorable kids.”
“Thank you. And what was the expression on Mr. Harrington’s face when it was lit up by the muzzle flash.”
“I don’t know. Not happy, I guess.”
“Not happy. That can be taken so many ways. What do you mean? Sad? Angry? Hateful? Resentful? Confused?”