“As I have said previously, time is viewed differently when a person’s mental state is compromised, just as in dreams. When we remember our dream, we think it took place over a long time, when it only took less than a second. People who are not medically trained may have difficulty understanding that point. For Ross, what he did was simple and fast. It took several minutes. Then he forgot what happened and forgot that he had forgotten it. That’s a phrase some psychiatrists use to explain the unconscious.”
“Thank you, Dr. Evans. You’re excused. The defense rests.”
“Mr. Weisman, are you ready for your summation?” The judge asked.
“I am, Your Honor.”
Weisman stood in front of the jury. “Ladies and gentleman, allow me to thank you for your service in this case. You provide an important contribution in our justice system. The prosecution has conclusively proven its case through testimony and evidence that Michael Ross is guilty of killing Harry Sanders, an innocent man.
“In addition, the prosecution has established beyond reasonable doubt that the insanity plea argued by the defense has no basis in fact. What is a fact is that the defendant signed a sworn admission that he committed this crime.
“The defendant will have you believe that he acted out of an irresistible impulse. How could that be? Do we really know that the handcuffs appeared as a result of a house sale? The bill of sale for the transaction did not itemize every item, and there is no proof that a pair of police handcuffs were conveniently left behind. Did he buy them a day before the murder? A week before? Where were they at the time of the murder? In a box somewhere? Didn’t he have to go looking for them, or did he already know exactly where they were? Wouldn’t that take time? The circumstances don’t fit the requirements of an insanity plea. It could not have been an impulsive act. It had to be planned because there were too many time-consuming events that had to be put in place before Michael Ross killed Harry Sanders, an innocent person.
“Direct testimony by the witnesses for the defense were filled with a series of guesses and conjecture about the defendant’s state of mind. It’s difficult for me to imagine that dream analysis could possibly have any validity in a murder case. It’s far from an exact science, and the search for hidden meanings within dreams leave us only with speculation.
“An expert witness indicated that the blood tests showed that Sanders’s heart medications were at the proper levels. Perhaps the defendant gave Sanders his medication over several days, anticipating this court case? If he was smart and cunning enough to commit the willful murder of an innocent man, why wouldn’t it be reasonable to believe that this intelligent man planned ahead and either gave or forced him to take his heart medications? It would be very clever, indeed.
“The bottom line is that Michael Ross carefully planned the murder of Harry Sanders, took the law into his own hands, plotted the act in advance, and took several days to torment and murder the victim.
“Please do not allow your emotions to get in the way of making a true and just decision. Although many of you have remembrances of World War II and Nazism, they are not on trial here. Your obligation to justice is to follow the law and I ask you to find the defendant guilty of murder in the first degree.
“Thank you.”
The judge looked toward the defense table. “Ms. Coleman?”
***
Brenda walked past the jury and took the time to look at each one of them.
“Ladies and gentleman, thank you so much for your time, effort, and patience for serving on this jury. When a trial draws to the end, each and every one of you are the law because your decision is final and determines the fate of the defendant.
“The strong evidence and expert testimony the defense presented in this case proves, far beyond a reasonable doubt, that Michael Ross had no choice when he responded uncontrollably to cause the demise of the victim.
“In the same sense he, too, was a victim. His mind was not his own after he discovered that Harry Sanders and Hans Stern were one and the same. As a result, he was driven by a powerful force over which he had no control. How would you feel if you committed a criminal act that conflicted with your basic nature and had no memory of doing it? After all, you’re all law-abiding citizens. Would you be able to appreciate what you’d done? Those questions would only bring more questions, and rarely answers, because the truth is, ladies and gentlemen, there would be nothing you could do if your action was uncontrollable.
“Expert testimony has proven that Professor Ross was literally and emotionally detached from his conscious brain and driven by an unconscious force, over which he had no control, when he caused the death of the victim. A renowned psychiatrist testified to the fact that Michael Ross lacked the substantial cognition to appreciate the outcome of his action, and, as a result, the defendant acted with irresistible impulse. The defense has shown, with facts, that Professor Ross’s action was legally consistent with the definition of irresistible impulse, and you, ladies and gentlemen, must be guided by the law.
“A person who acts as a result of this specific impulse does not have the choice or the time to think about what he must do or not do. He acts without thinking and it’s not his fault. When someone has no control whatsoever of an impulse that causes harm, the law makes allowances for that. Irresistible impulse was written into the law for good reason. There are circumstances when we must act as an understanding and forgiving society when someone has no control of his actions. That’s what makes us human and allows a person’s state of mind to be a consideration in determining guilt or innocence. For these reasons, Michael Ross should not be held criminally responsible.
“I ask the jury to take into account that the defense has also called into question the cause of Harry Sanders’s death. A board certified cardiologist has concluded that Sanders’s death was caused by heart failure.
“Michael Ross knew instantly that he was facing a killer, an evil Nazi SS officer who had killed his family. He was compelled by a powerful emotion emanating from his unconscious, driving him to kill this man. What was he thinking? What was he feeling? We could never know, and neither could he. That’s what ‘uncontrollable’ means. There was no choice for him to act otherwise.
“Committing murder is wrong, and it’s a punishable crime. No one should ever take the law into his own hands. We are a nation of laws, but because we have human feelings, we have included in our law certain exceptions. Lawyers and judges expanded the legal definition of insanity to include more cognitive elements, not merely that a person knew right from wrong, but whether they had uncontrollable impulses, which might cause them to commit a crime such as murder.
“The defense has focused on two points. One is that we have contested Sanders’s cause of death and showed, with expert testimony, that he died as a result of an existing heart condition, separate from stress, carbon monoxide, or other events. Second, further testimony proved that Michael Ross displayed an immediate response in that split second when he realized that the man facing him was the killer who destroyed his family. He acted in a way consistent with irresistible impulse, which was in line with the definition described in the New York State Penal Code. These two facts alone call for reasonable doubt.
“You see, ladies and gentleman, the law does allow for human, extenuating circumstances, and your duty is to make your judgment based on the existing law. I ask you to find Michael Ross not guilty. Thank you.”
Chapter 31
Newspapers screamed out the headlines. The Oneonta Daily Star reported:
Nazi Killer’s Case Goes To Jury.
The Albany Herald proclaimed:
Deliberations in Ross Case End, Waiting For Decision.
It took the jury three days to come to a verdict. Brenda, Jeff, and Michael stood and faced the jury as the bailiff handed the small white paper to the judge. Weisman sat at the prosecution table, leaning forward, his hands folded over a legal pad, his eyes on the jury.
The court was filled to capacity
. Everyone was silent. Michael’s entire body trembled. His lips tightened. He needed to be with Ilona for only a quick moment before the verdict. It would give him peace.
***
Ilona, I just have a minute. The case is over and I’m waiting for the decision. Any outcome will be easy for me to accept because you will be with me wherever I am. Maybe the things people share should not be measured in time. For us, it was not about how long we had together, but how our beautiful love unfolded in the time we had. In the scheme of things, our time on Earth is just a snap of the finger, but the snap we shared became our lives and filled our hearts.
The trial is over. The judge is reading the verdict. I feel calm inside. I killed a monster, someone who never should have been born. It had to be done.
Oh, did I tell you? I might see Erika. She lives in New York City and is a ballet dancer. I wonder where she got those genes? I may try to see her if it’s possible. I would only see you in her face, but you know, I was thinking, maybe she is my daughter too. My own flesh and blood and not Stern’s. We both know it was possible. That would be a laugh, Stern keeping her alive and bringing her to America, thinking she was his. I’m smiling now at the thought. And not only that, but Hilda brought her up, not realizing that Erika’s real father would be the one who would control her and her husband’s lives. It would make a good story, but it’s really not so much about who Erika’s father is. It’s only about you, Ilona, her mother. It will be you that I see if I meet her. I have to go. I love you.
The jury announced the verdict on the morning of November 16. All eyes were on the jury.
“In the case of The People versus Michael Ross, case number 70-CR3210, we, the jury, find the defendant, Michael Ross, not guilty.”
The roar of those in the crowded courtroom filled the air. Everyone applauded and looked toward the defense table. David Weisman shook the hands of the defense team, put some papers in his briefcase, and left.
“Oh my God!” Michael exclaimed, his eyes filled with tears. He turned toward Jeff and Brenda, who looked up at him bright-eyed and smiling. The three of them hugged and Michael’s heart raced with joy.
“Thank you both.” Michael shed tears as he kept his arms around both of them. “I can’t thank you enough. Brenda, can I keep the suit? I’ve gotten used to it and it fits perfectly,” Michael joked.
“It’s all yours, Michael. I’m glad we won, but I think this will be my last murder case. Way too much stress. Maybe I’ll start practicing real estate law and do closings on property transfers. Boring, but a breeze after this case.”
“Real estate law for you? I wouldn’t go that far. Never!” Michael said, overwhelmed with joy. “You’re an outstanding lawyer. Stick to crime.” He laughed. “In your case, crime pays! I thank you so much.”
“You’re welcome. I’m happy for you, but don’t do anything like this again. Next time, you get charged double. You still owe me for cleaning out your refrigerator.” Brenda smiled.
“Next time?” Michael shook his head. “Never. Thank you for giving me my life back.”
They walked out through the back door of the courthouse to avoid the crowds. Brenda drove Michael home and reminded him that the key was still under the mat.
Michael entered his house. An hour earlier, he didn’t know if he would ever be able to return. The ring of the phone startled him. He wasn’t sure if he paid the bill, but Dan must have taken care of those things while Michael was away. It was Brenda.
“So, Mr. Free Man, how do you feel?”
“I’m still a little numb. You were amazing.”
“Yeah, I’m one amazing lady.” She laughed. “I even got a big hug from my husband, and as a reward for winning, he’s taking me out to Blackbeard’s Cove tonight for dinner. They have the best seafood anywhere and tonight is lobster night, so thanks to you, I’ll be having a romantic candlelight dinner.”
“I’m happy for you. Make sure you wear a bib,” Michael said, smiling into the phone. “Eating lobsters together isn’t quite a romantic moment.”
“One more thing I wanted to cover, Michael. The money you asked me to give to Albert Chisholm’s lawyer for his defense fund is already in his hands. Mr. Chisholm has been told that Tom Kennedy is acting pro bono on his behalf. Between you and me, Michael, Tom really does pro bono cases anyway, and when expensive lawyers, like Tom, do pro bono work, the judges appreciate it. I think having Kennedy lead his defense will give Mr. Chisholm a great advantage. He’s one helluva lawyer, the best.”
“Except for you.”
“Yeah, except for me.” She giggled. “Talk soon.”
Michael hung up, but kept his hand on the phone for a moment, thinking. Then he went into the study, shook his head, and smiled. Animal Farm was still open on his desk. He poured himself a cognac, Polignac VSOP.
***
It’s over, Ilona. All went well. Erika was another reason I wanted to stay free, so I could meet her, look into her eyes, and see you. It would be such a gift for me, but it’s a little scary. I don’t know how she’ll react or even if she would want to meet me. I’ll think about it.
Anyway, I’m not sure that meeting her is even a possibility. I don’t know. My head is all mixed up now. Will think about it later. Love you. Kiss!
***
Michael walked the short distance to the garage. Only he knew the truth of what happened there. He was free and, in a way, so was Stern. He no longer had to live in squalor. Perhaps he knew all along that justice would find him, and it did. Those in concentration camps, who were gassed and thrown into the ovens, found their freedom too. It’s strange how “freedom” takes on different meanings depending on the circumstances. Michael lived with guilt, but Stern had none. Guilt only plagues a man of conscience.
I learned a lot from Albert. He was a good human being, thoughtful and kind. Because of him, I can never feel imprisoned wherever I am. My freedom will always be within me.
***
The lock was still knocked out on the garage door, so it was easy to roll it up. He walked inside and felt as if he were in another world, another time, a place from long ago. He looked at one section of the pipe and the stains in front of it. The firefighters had moved things around, but his Chevy remained where it was, except the windows were open and there were white stains all over the seats.
Michael sat with his back against the front fender and looked straight ahead, to where Stern had sat. He still remembered his cries. Was macht du? A moment later, he saw an image of Stern in front of him as a broken man, his eyes open, staring, and his mouth closed. The dead prisoners in the concentration camp had the same look. Now Stern was like them.
Michael peeked in the box, which previously held the handcuffs. There was also a gas mask.
I could have worn it and stayed in the garage with Stern, eye to eye, and watched him die as he looked at me in terror. His eyes would’ve been filled with ultimate fear and I could have watched him struggle for air until he was dead, but I have no reason to think like that anymore. It will take time for me to put my time with Stern behind me.
Michael’s thoughts were elsewhere. He had a life to live and many more years to go. He went back to the house, sipped a glass of Hungarian Tokoi wine, and thought, once more, of the day he first laid his eyes on Ilona at her father’s vineyard. She was so shy, but when she looked at him, her smile gave her feelings away and he knew she cared.
Michael drank another glass of the syrupy, amber wine and drifted off to a deep sleep in a real bed.
Chapter 32
When Michael awoke the next morning, he was startled by his surroundings. His cell had become his home for too long. He breathed a sigh of relief, happy that he was in his real home. Shopping for food was high on his list of priorities, but there were also phone calls to be made. One in particular. He wasn’t sure he could summon the courage to do it.
What would she say? What would I say?
The sudden, shrill ring of the phone startled him. It was Dan.
>
“Michael, congratulations. I’m so happy for you. I knew you were innocent. You would never do anything like that. They mentioned the verdict on WSKG this morning. I’m glad the jury found things your way. We must celebrate.”
“Thank you for saying that, and I can’t express my gratitude enough. Thanks for keeping an eye on things.”
“You’re back home just in time. The Catskill Symphony Orchestra is doing an all-Mozart program tonight. I would love to go with you.”
“Thanks, Dan, but I’m not up for that yet. You enjoy it. We can make it another time. By the way, the store is yours. I wouldn’t put it in anyone else’s hands. You’re a good man and it’s time for me to leave The Chemist’s Shop and take a new direction. Maybe write a book.”
“Make it a memoir. You’ve got a lot to tell. Is it okay if I come over to your house tonight after work? It’s been a while, and I’d rather see you than go to the concert.”
“Of course, I would love it. I miss our talks. We’ll have some wine and relax. Looking forward to it.”
Michael put down the phone, but left his hand on the receiver for a moment and stared at it. Then he dressed and turned on the TV. News about the trial was on, so he turned the TV off.
He sipped a cup of black coffee as he sat on the couch, thinking. Then he walked to the phone and dialed her number. A woman answered. Michael cleared his throat.
“Hello, is this Erika?”
“Uh, yes,” she said in a soft voice, “but I don’t use that name anymore. Who is this?”
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