Claim of Innocence. Laura Caldwell
Bristol & Associates. “Hi,” I said to her, but stopped short in my greeting when I saw the woman next to her.
Valerie Solara was a beautiful woman. She had golden-brown skin and eyes that were so dark they were almost black. Her gleaming ebony hair was pulled away from her face, showing her high cheekbones, her elegantly curved jaw. She wore a brown dress with tiny, ivory polka dots and a wide leather belt. But it wasn’t so much her beauty that struck me. It was the feel of her—some kind of powerful emotion that hung around her like a cloak.
And suddenly I knew what that emotion was. I’d felt it for a large part of my last year, after my fiancé disappeared, after my friend died, after I was followed, after I was a suspect in a murder investigation. The emotion was fear.
6
B ack in the courtroom, Maggie explained to Valerie that I would be helping on the case. Valerie looked confused, but nodded. Maggie then took the middle of the three chairs at our table so she could speak to both Valerie and me during jury questioning.
The state had the right to question potential jurors first. Tania Castle flipped her long brown hair over her shoulder as she looked at the jury questionnaires. She began calling on potential jurors, asking them whether they or their family members had been victims of a violent crime, whether they were members of law enforcement, whether they could be fair. When she was done, she consulted with Ellie, the other state’s attorney, and they booted two of the jurors, who were replaced by two others from the gallery.
Maggie held out our copies of the questionnaires. “You’re up,” she said.
“You’re letting me go first?”
She nodded, then leaned in and whispered instructions to me.
When she was done, I took the questionnaires from her hand. “Got it.”
I glanced at Valerie, whose face seemed to war between calm and dread. I gave her my best it will be fine expression.
Wishing desperately for that expression to be true, I strode toward the jury box, exuding what I hoped was a composed, authoritative air, even though my skin felt tingly, as if my nerves were scratching against it.
We wanted to present Valerie Solara, Maggie had said, as a mom, a Chicagoan and a friend. Valerie had lost her husband some years back and in order to be able to afford her daughter’s private school, they’d moved from their upscale Gold Coast neighborhood to the west side of the city, into a cheaper apartment. We wanted jurors who were devoted parents, or jurors who lived either north or west as Valerie had, or even widowers. Basically, we wanted people who seemed as much like our client as possible.
I looked at one potential juror and smiled. “Ms. Marshall. You mentioned on earlier questioning that your husband is a police officer, is that right?”
She nodded. She was a heavy woman with faded blond hair and splotched skin. She looked annoyed about having to be here, but her previous answers had shown she had some interest in being on the jury. She was also obviously in support of anything law enforcement; one of those people who believed the police could do no wrong.
I want her out, Maggie had said fiercely. In Illinois, an attorney can ask that a potential juror be dismissed for “cause”—meaning a situation where it was evident that a potential juror could not be impartial—as many times as they wanted. But what if it wasn’t evident that person was unfair? What if the lawyer just had a feeling? Then you had to use a “challenge.” But each side only got a certain number of challenges. My role was to try and get the juror to say something that would rise to the level of “cause.”
“Given your husband’s job,” I said, “do you believe you would be able to stay fair and impartial throughout the trial?”
“Of course,” she said, clearly annoyed. Exactly what I wanted.
“It could be days, even weeks, until Valerie Solara will be able to present her own evidence. Will you be able to wait until you hear all the evidence before you decide whether the state has proven their case beyond a reasonable doubt?”
“Yeah.” She crossed her arms and glared. She struck me as someone who wanted to be on the jury for the sake of being able to say so to her friends.
“Do you have children, Ms. Marshall?”
She shook her head.
“You’ll have to answer out loud for the court reporter, ma’am.”
“No,” she said loudly.
“Have you ever seen your husband testify in any cases?”
Now her face lightened. “Yes.”
“And have you ever encountered a situation where your husband testified in a case where the defendant was not guilty of the crime of which they were accused?”
“Oh, no,” she said immediately. “He wouldn’t.”
“Why is that?”
“Because he’s a policeman.”
“And police officers know who is guilty.”
“Right.”
“Is there a situation you could imagine where a police officer might testify and that person might end up being innocent?”
“No.”
I had her. I didn’t want to look triumphant in front of the whole jury, so I asked a few more questions, all benign, before I turned to Judge Bates. “Your Honor, I’d request that Ms. Marshall be excused from the jury for cause.”
He nodded. “So granted.”
Judge Bates looked at the jury. “Ms. Marshall, we thank you for being here today. You may leave.” He nodded at the sheriff to show her the way out. “Continue, Ms. McNeil.”
I picked out a thirtyish guy with hair flattened to his head in a way that was technically stylish but not on him, and who had been staring at my legs since I’d been in front of him. “Mr. Heaton.”
He raised his eyebrows in a suggestive kind of way.
I asked a couple of questions, enough to see that this guy would say yes to whatever I wanted. I thanked him and wrote W on the questionnaire, my shorthand for I-want-this-one-on-my-jury.
I turned to the woman next to him and questioned her, then another.
During the process of voie dire, you needed to not only pick out the jurors you wanted dismissed, but also win over the jurors you wanted to keep. You had to chat and crack a couple of jokes and respond to the judge and read one juror’s face while you read another’s body language out of the corner of your eye and keep your ears open for a C’mere a sec from your cocounsel—and you had to do this all at the same time and make it look smooth. I loved voie dire.
By the time I was done with the panel of jurors, I felt great. I walked toward the table and saw Maggie give me a pleased nod.
I glanced at Ellie Whelan, who regarded me for a second before she returned her gaze to the questionnaires in front of her. If I was correct, her eyes had held grudging respect.
I sat next to Maggie. “I want to do it again.”
7
M aggie let me handle two more panels of jurors before she took over, but the judge kept the jury questioning surprisingly quick compared to civil court. Once the jury was sworn in, the judge gave them directions about reporting for duty the next day. Then they were dismissed.
Maggie, Valerie and I went into the order room where Martin Bristol had been that morning. We sat at the same table. Valerie looked more shaken than earlier. “It’s really happening,” she said.
Maggie nodded but didn’t appear worried. I was sure she’d heard such sentiments from other clients before.
Just then, Maggie’s phone buzzed. She grabbed it