Mistaken Identity

“I am, Your Honor.” The district attorney nodded curtly in his dark, pinstriped suit, sharply tailored around his large, muscular frame. The jurors eyed him as he walked to the podium, grunting slightly from the effort of movements they all took for granted. Be

“Ladies and gentlemen of the jury,” he began, “my name is Dorsey Hilliard and I represent the people of the Commonwealth of Pe

Hilliard raised his voice, his bass tones resonant and his cadence no-nonsense. “The Commonwealth will prove that on the night of the murder, the lovers argued, as they did with increasing frequency. After the argument, the defendant shot Detective Anthony Della Porta point-blank in the head with a handgun. The Commonwealth will prove that the defendant did intentionally, and in a premeditated ma

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“The evidence will show that neighbors heard the lethal gunshot and saw the defendant fleeing the scene of the crime. Police arrived at the scene and also saw her fleeing, holding a plastic bag. They saw her run into an alley to escape them. They were able to arrest her only by chasing her and finally tackling her to the ground. Even then, the defendant fought to escape, and what she told them when they arrested her will not only shock you, it will prove to you beyond any doubt that she is guilty of this crime.”

Back at defense table, Be

After a pause, Hilliard continued. “Once the defendant was in custody, police conducted a complete search of Trose Street, including the alley that the defendant had run into. You will hear evidence that there was a Dumpster in the alley, and in the Dumpster, authorities found that plastic bag, which contained clothes belonging to the defendant. Experts will tell you that the clothes were soaked with the still-warm blood of Detective Della Porta.” Hilliard paused again, as if for a moment of silence. “By the last witness for the Commonwealth, each of you will be absolutely certain that the defendant killed Anthony Della Porta and is guilty of murder. Thank you for your attention, for your service to the Commonwealth, and to our country.” Hilliard eased into his crutches and returned to his seat.

“Ms. Rosato,” Judge Guthrie said, “we’re ready for your opening argument.” He moved some papers on the dais, without looking up. The black marble backdrop behind the dais glistened darkly and the ersatz gold disk of the Commonwealth shone like a tarnished sun.

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Not today.

55

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“My name is Be

“Objection, Your Honor,” Hilliard said, pushing himself out of his seat with two solid arms. “Ms. Rosato’s familial relationships are absolutely irrelevant to this case.”

Judge Guthrie slipped his glasses from his nose. “Please approach the bench, counsel.”

“Yes, sir.” Be

Judge Guthrie leaned forward. “What is going on here, Ms. Rosato?”

“I’m making my opening statement, Your Honor. I want to deal up front with a matter the jury has to be wondering about, as you must be.”

“Your personal relationships have nothing to do with the guilt or i

“Of course it’s collateral,” Hilliard agreed, his tone angry even at a whisper. “It’s more than collateral, in fact. It’s completely irrelevant and prejudicial.”

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Hilliard’s shaved head snapped toward the judge. “Your Honor, does defense counsel really expect us to believe that she didn’t dress her client for court today? That she didn’t hide her for jury selection? Ms. Rosato wants the jury to make the co

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Judge Guthrie frowned. “I’m going to overrule the objection for the present time. However, Ms. Rosato, rest assured that if there is case law that governs this type of trickery, my law clerks will find it. In addition, any attempts the defense makes to personally vouch for the defendant’s i