The trial opened on a bleak wintry afternoon in March, with a bitter wind and a chill rain that went right to the bone, as the jurors, the public, and the press filed into the courtroom. It was the same week that Hitler swept into Prague, and announced to the world that Czechoslovakia was his now. But even Malcolm was less concerned with world news than usual. All they could think of was The U.S. v. Charles Delauney.
The trial was being held at the U.S. District Courthouse and at exactly one o'clock, Malcolm and Marielle arrived in the Pierce-Arrow limousine, driven by two policemen and accompanied by four FBI men, among them John Taylor. He was glad he could be there to give her strength. She felt his presence close to her, and it made her feel braver. Malcolm had said not a single word to her since they left the house. His silent accusations had begun to wear her down in the past months. She looked as gray as her dress when they got out of the car, and Malcolm assisted her silently up the steps of the courthouse. She was wearing a pale gray coat and matching hat, and the wind nearly swept it off, just as the press descended on them in a wave, and the FBI men had to fight to make a path for them. And as they entered the courtroom, Marielle realized again how painful this was all going to be, and how pointless. At the end of it, they would not get Teddy back. What purpose did it serve? He was gone, and after three months their hopes of having him returned alive had grown dim now. All this was was an exercise in accusation.
The Pattersons took their seats in the front row behind the U.S. Attorney. John Taylor sat next to Marielle, and one of his assistants was next to Malcolm. There were two more FBI men just behind them, and two uniformed policemen on either side of them, and just ahead, so they were surrounded by more than adequate protection. And Brigitte was already in the courtroom waiting for them when they arrived. She glanced warmly at Marielle, and nodded politely at Malcolm. A few moments later the bailiff appeared and demanded that all rise as the judge entered in his black robes, and gazed around the courtroom. He was a tall man with a rugged face, and a shock of white hair, not unlike Malcolm's. In fact, the two men were vague friends, but he was known to be a harsh judge, and Malcolm had made no objection when he'd been selected.
Judge Abraham Morrison took his seat, and scowled at everyone as he looked around his courtroom. There was a long silence and people began to squirm in their seats, particularly the press, whom he seemed to scrutinize, and then the jurors, the Pattersons, the defendant, and the attorneys.
“My name is Abraham Morrison.” His words rang out sonorously. “And I'm not going to tolerate any nonsense in this courtroom. If anyone here misbehaves, I'm going to throw you out of here so fast your head will spin. Any contempt of court, I'll put you in jail. Any press gets out of hand, you're banned from here, for good. Anyone attempt to coerce a juror, unduly influence a juror, or even talk to a juror, I'll prosecute. Is that clear to everyone in this room?” There were nodding heads and a murmur of voices. “We're here for a serious matter. A capital offense. A man's life is at stake, and a child's life may have been taken. These are not matters I take lightly.” He looked straight at the press section then. “And if you hound anyone here, either the jurors, the defendant, or the witnesses,” he looked pointedly at the Pattersons, “you'll be out the door faster than my bailiff can throw you. Does everyone understand the rules here?” There was a long silence as everyone sat in awe of him. “Do you?” His voice boomed again, and there was a chorus of “Yes, sirs.” “Good. Then maybe we can get started. I won't tolerate a circus in my court. Let's get that clear right from the beginning.” More nodded heads, and he put on his glasses and carefully perused some papers. Marielle looked over at the defendant's table then, and she noticed that Charles was looking thinner and pale, and the hair at his temples seemed to have become grayer than when she last saw him. He was wearing a dark blue suit, a white shirt and dark tie, and he looked more respectable than most people in the room, but that wasn't the issue. Tom Armour looked extremely serious too, in a pin-striped suit with a vest. And he seemed suddenly younger than he had when she had seen him in her own home. She had never told Malcolm about the meeting.
Judge Morrison looked back up at the courtroom again, and his gaze swept the room. “I think we all know why we're here today. This is a kidnapping case. The kidnapping of Theodore Whitman Patterson, a four-year-old boy. His parents are here today.” He waved vaguely in the direction of Marielle and Malcolm, and she could feel her heart pound. It was difficult to believe that, after three months of constant press, there was a person alive who didn't know who they were, but it was as though Judge Morrison wanted to introduce them. He liked a great deal of decorum and respect, but he also liked a personal touch in his courtroom.
“The defendant is a man named Charles Delauney. And the theory, ladies and gentlemen, and I am addressing prospective jurors here, is that Mr. Delauney is innocent until proven guilty. The burden of proof is on the prosecution. The prosecutor, Mr. William Palmer,” he waved at him then, “must convince you, beyond a reasonable doubt, that Mr. Delauney is guilty. It is then up to Mr. Armour,' he waved at Tom, “to convince you that he is not guilty. If Mr. Palmer does not make a convincing case, if you are unconvinced, if you do not believe beyond a reasonable doubt that Mr. Delauney kidnapped this child, then you must acquit him. You must listen very carefully, and you must take your responsibility seriously. And I will tell you now that I am going to sequester this jury. You will be put up in a hotel, at the government's expense, for the duration of this trial. And you will not be able to speak to anyone except your fellow jurors. You cannot call your children, chat with your husband, visit with a friend, go out to a movie. You must stay with the other jurors, in the hotel, until your duty is done, without prejudice or distraction. The press won't make that easy for you, newspapers, radio, it's all very tempting, and very confusing. But you must make every effort to keep yourself pure of all that until this is over. And if there is anyone here to whom being sequestered would present an undue hardship for the next several weeks, for reasons of health or family responsibility, please speak up when your name is called. We are going to need twelve jurors and two alternates. And ladies and gentlemen, we thank you for your assistance.” He turned to the bailiff then and told him to call the names of the prospective jurors.
The first woman was so frightened she almost tripped on the way to her seat, and she was shaking so hard Marielle could see it as she watched her.
The second juror was a woman too, an elderly black woman who had a hard time getting to her seat, she was so old and crippled. Then there were two men, both middle-aged, and a man about forty with one leg, a Chinese girl with incredibly long hair in braids, a good-looking young black man, two pretty young girls, and a middle-aged woman who kept staring at Malcolm and Marielle, two more men, and then two nondescript-looking women as alternates.
And as soon as they were seated, Judge Morrison introduced the attorney for the United States government, William Palmer, to the room. He turned, looked around the courtroom, and then turned again to smile at the jury. “Hello, my name is William Palmer. I am the attorney for the United States government in this case, and I am here to represent the People. I represent you in this case, and I will need your help to convict this man,” he waved vaguely at Charles, “whom we believe kidnapped a four-year-old boy, Teddy Patterson, twelve days before Christmas.” As though that somehow made it worse, but actually it had, for his parents. “If any of you know this man, or me, or the defendant's attorney, Mr. Armour, or the judge, or anyone associated with us, you must speak up now, or it will prejudice the case, and you will be excused. Just tell the judge, when he calls on you and asks your name and occupation.” He then sat down abruptly and Tom Armour stood up and introduced himself, and Marielle saw immediately that he had a far more winning way with the jury. He didn't talk down to them the way Bill Palmer had, and his manner was smooth, instead of grating, like the U.S. Attorney's. He explained that the case against Mr. Delauney was purely circumstantial, and there were two objects which connected his client to the case, but there was no proof that he had actually kidnapped the child, or had anything to do with it at all. And as he spoke, Marielle saw that several of the jurors nodded. He sat down again then, after thanking them for their help, with a warm smile that made the two young girls giggle, and the judge frowned as he watched them.
“May I remind you, ladies,” he barked down at them, “this is not a social event, or an amusing matter. Now,” he looked over the rest of them, “does anyone here have a health problem that would hinder them from being sequestered?” The elderly black woman held up a hand, and Morrison looked down at her with a warm smile. “Yes? Your name please, ma'am?”
“Ruby Freeman.”
“Yes, Mrs. Freeman?”
“It's my legs. I got terrible arthritis. It hurts me all the time.” She looked up at him sadly.
“I can see that.” He nodded sympathetically.
“Some nights, I can't hardly move. And my daughter… she takes care of me… I help watch her baby while she works.” The woman started to cry as she said it…”If I don't go home to her…she can't go to work… we won't eat…her husband was killed at the factory where he worked…” The saga of despair seemed to go on forever.
“We understand. Perhaps your daughter could find someone else to help her for a short time. But Mrs. Freeman, do you feel you might be in too much pain to do the trial justice?”
“I think so, Your Honor. You don't know what a terrible suffering arthritis is until you have it. I'm eighty-two years old, and I've had it for twenty years, and it's almost killed me.”
“I'm very sorry to hear that. And you may be excused. Thank you for coming here today,” he said courteously. No one else raised their hand, so he continued. But the first juror was so nervous, she asked to be excused too. She said she had gallstones and her English wasn't so good, and her husband was very sick, and he needed her. She and her husband were citizens, but they were both German. And before she could tell him any more, Judge Morrison excused her. The Chinese girl with the braids spoke no English at all, and she was excused too. And the two young girls giggled through most of it, and the judge admonished them again. But then Bill Palmer stood up and began questioning the jurors, and after him Tom, and very quickly, the jurors began falling by the wayside.
The two middle-aged men were both businessmen and they stayed. Both were married and had grandchildren of roughly the same age as Teddy. The man with only one leg said he was forty-two, had lost his leg in the Great War, and he sold insurance now for Travelers Insurance. The young black man worked for the post office in the day, and played trombone at Small's Paradise at night, and said he didn't have time to get married, and everyone laughed. And the two young girls were excused because the judge said they couldn't behave. Both were twenty-two, neither one was married and they seemed to think it was a game, and their removal served as a warning to the others. The middle-aged woman who kept staring at Malcolm and Marielle was a secretary and had never been married either. She lived in Queens, and it was impossible to read if she was sympathetic to Charles or not. All she could seem to do was stare at the Pattersons, and once the judge had to remind her to keep her attention on the proceedings. As a result, the defense excused her in the end, as well as the two men who'd come after her. But both sides kept the two alternate women. Which left them eight seats to fill, and it took the next four days to fill them. And in the end, it was a very interestingly mixed jury. The two middle-aged men with young grandchildren were still on, although Marielle had been sure that Tom would want to get rid of them, because they might be too sympathetic to the prosecution. It had become fascinating to second-guess the attorneys. And had it been a trial about anything else, it might actually have intrigued her. Both the veteran with one leg, and the young black musician were kept on. And the last man was of Chinese origin and a professor of economics at Columbia University. The rest of the jurors, as well as the two alternates, were all women.
The youngest of them was older than Marielle, and had three children of her own, but all of them were much older than Teddy. There was a woman who had been a nun for thirty years and had recently relinquished her vows to come home and take care of her dying mother. And when her mother had died, she had decided not to go back to the convent again, but she was not married. There were two women who were friends and were on the same jury by coincidence, both were schoolteachers in the same school, and neither was married, and then there were three women who seemed very plain, were married, had no children at all, and were all either secretaries or employees of large corporations. One had worked for an attorney for a brief time, but she said she had no special knowledge of the law, and neither attorney objected. It was, for all intents and purposes, a jury of Charles's peers, and a group of supposedly normal, decent, fair people.
It was Friday, just before noon by then, and the judge ordered the jury to go home, tie up their affairs, and enjoy their last weekend, because starting on Monday they would be sequestered. He ordered them not to read any newspaper stories about the case, or listen to the radio over the weekend.
He recessed the court then until Monday morning, and Marielle was surprised by how exhausted she was, just by the process of five days of jury selection. It had seemed endless, listening to people's tales and watching the lawyers decide to bounce or keep them. As she and Malcolm stood up, Charles was led away to spend another weekend in jail, and Tom Armour walked past her with no sign of recognition.
The FBI men took them home, and Bill Palmer came to see Malcolm that afternoon. They spent a long time in the library, but they never included Marielle, and she had coffee in the living room with John Taylor. There was no news at his end, but at least it was a relief to talk to someone sympathetic after the difficult week it had been. Every time Marielle had moved an inch out of the courtroom, Bea Ritter had pounced on her and begged her to see her. She called later that afternoon, and Marielle didn't take the call. She was too drained to deal with her or listen to her pleas on Charles's behalf. And Marielle did not want to help her.
“She's quite a girl,” Taylor remarked. “She must be crazy about him.”
“Some people feel that way about him.” Marielle smiled. She had no secrets from this man. “I did once. But then again, I was eighteen then.”
“And now?” John Taylor looked worried, but not about the case, as Marielle smiled.
“I'm a lot smarter now.” But that didn't mean she wished the death penalty on him either, if he didn't deserve it. She was still having a hard time with that, and the FBI had been able to shed no new light on the case. There had been a sighting in Connecticut earlier that week, a little boy who supposedly looked just like Teddy. But like all the other leads they had had, when it was checked out, it turned out to be bogus.
“You look tired.” Taylor spoke softly as she poured him a second cup of coffee.
“It's been a rough week.”
“Not nearly as rough as next week's going to be, and the week after.” He knew what was coming, he knew the people involved. The U.S. Attorney was a tough son of a bitch and he wanted to win this case. He knew the whole world was watching, even FDR, and he wasn't going to let the defense win, no matter what it cost him. And Armour was tough too, but in a cleaner, crisper way, he went right for the gut, and then he destroyed you. And the kinds of things they were going to drag up and remind her of, weren't going to be pretty. “Are you ready for it?” He worried about her, as resilient as she was, she was frail too, and he hated to see her go through that kind of pain. He remembered what it had been like when she told him about Andre. But she was holding up fairly well, considering the fact that she had gone three months without Teddy. “Whatever happens,' he tried to warn her now, “don't let them frighten you…don't let them make you feel it's your fault.” He knew that was the ghost that haunted her most, and had for years. “You know it isn't.” He tried to reassure her.
“I wish Malcolm felt that way too. He still blames me for everything. For bringing Charles back in our lives, and costing us Teddy.”
“You didn't want that any more than he did.” What a fool the man was, and he didn't like him any better when he swept through the hall a little while later with Bill Palmer. John was talking to one of his men and Malcolm snapped his fingers at him like a dog, which didn't sit well with John Taylor.
“The U.S. Attorney is going to need some help from you, Mr. Taylor,” he said. He had very little respect for him. He certainly hadn't been very effective in finding Teddy. “We need some information.”
“About Delauney?” Palmer nodded.
“Why don't we go talk somewhere?” the attorney suggested, but when they did, Taylor didn't like what he heard. It was smear campaign stuff, ugly business about the past that had nothing to do with Teddy, and Taylor objected. The attorney wanted him to help dig up facts about Marielle and Charles that he knew would be painful to her.
“What does that have to do with this?”
“It's character stuff for chrissake, man. Don't get prissy on me now. We're talking about winning.”
“Winning what? The conviction of an innocent man, or actually nailing the guy who did it? If he's guilty, you don't need this kind of shit, Palmer.”
“If you don't get it for me, someone else will.”
“Is that what this case is about now? Get him at all costs? And what about her? What are you going to do to her with this?” It had to do with Andre's death in Geneva and her time in the sanatorium afterward and Taylor knew, as Palmer did, that if Charles was guilty, they didn't need it.
“Mrs. Patterson is not my problem, Taylor. And her own husband wants it. Look, if it's no good to us anyway, we won't use it.”
“How nice,” Taylor said sarcastically, thinking to himself that he liked Tom Armour's tactics better. He was a lot cleaner. And he couldn't believe that Patterson was willing to sacrifice her just to nail Delauney. But Malcolm was convinced Delauney had kidnapped and killed his son, and he was willing to do anything to get Charles convicted. Maybe in some ways, Taylor told himself as he started making the calls, you couldn't blame him. At least if he got the information himself, he could figure out Palmer's next move and he could warn her what was coming. But what he didn't know was that Malcolm was making calls too, and he was going after the big stuff.
The weekend passed too quickly for her. And on Monday morning, they were back in court, and the trial began in earnest.