Chapter 112 Final Witness

Chapter 112 Final Witness
Brennan called two more character witnesses a neighbor who testified that Patricia was active in the community, always helping others. And a colleague from Patricia's book club who described her as thoughtful and gentle.

Lisa's cross-examinations were brief but pointed. She got each witness to admit they didn't know what Patricia did in private. That they couldn't know what conversations she had with Helen or Robert. That their knowledge of Patricia's character was based on public behavior, not private actions.

By lunchtime, the character witnesses were finished.

"The defense calls Dr. Samuel West."

A man in his forties took the stand suit and tie, expensive watch. He had the look of someone who testified professionally.

"Dr. West, what is your profession?"

"I'm a forensic psychologist. I specialize in evaluating criminal defendants and their capacity for various behaviors."

"Have you evaluated Patricia ?"

"Yes. I spent six hours with her over three sessions, conducting various psychological assessments."

"And what was your conclusion?"

"Patricia shows no signs of antisocial personality disorder, psychopathy, or any other condition that would predispose her to violence or criminal behavior. Her psychological profile is consistent with someone experiencing complicated grief anger, depression, some irrational thinking but not with someone capable of orchestrating a kidnapping."

Brennan smiled. "In your professional opinion, is Patricia capable of the crimes she's accused of?"

"In my professional opinion, no. Her personality type, her history, her psychological makeup none of it is consistent with someone who would order violence against another person."

"Thank you, Dr. West."

Lisa stood, and I could see the determination in her eyes. This witness this so-called expert needed to be dismantled.

"Dr. West, you testified that you spent six hours evaluating Patricia. Is that correct?"

"Yes."

"Six hours. And in those six hours, did Mrs. 
know she was being evaluated as part of her defense?"

"Of course. I disclosed that our sessions were for the purpose of"

"So she knew that your evaluation would be used to help her defense. That your opinion could impact whether she's convicted or acquitted."

"Yes, but that doesn't mean"

"It means she had every incentive to present herself in the best possible light. To appear stable, rational, non-violent. Doesn't it?"

"Subjects can attempt to fake evaluations, but I use validated instruments designed to detect deception."

"How reliable are those instruments?"

"Very reliable. They have a high sensitivity for detecting"

"But not one hundred percent reliable. Correct?"

"Nothing in psychology is one hundred percent."

"So it's possible however unlikely that Patricia successfully presented a false picture of herself during your evaluation?"

"It's theoretically possible, yes."

"Dr. West, you testified that Patricia's psychological profile isn't consistent with someone who would order violence. But isn't it true that many criminals even violent criminals appear completely normal in psychological evaluations?"

"Some do, yes. But"

"Serial killers have held jobs, maintained relationships, appeared perfectly normal to neighbors and colleagues. Correct?"

"Yes, but Patricia isn't a serial killer. She's"

"She's accused of conspiracy to commit kidnapping and attempted murder. Those are serious violent crimes. And yet you're testifying she's incapable of them based on six hours of interviews where she knew she was being evaluated for her defense?"

"I'm testifying based on validated psychological instruments and my professional expertise."

"Your professional expertise that's being paid for by the defense. How much are you being compensated for your testimony today, Dr. West?"

He shifted uncomfortably. "My standard expert witness fee is five thousand dollars per day."

"Five thousand dollars. And how many days have you worked on this case?"

"Four days total. Evaluation sessions and report preparation."

"So twenty thousand dollars. That's quite an incentive to find Patricia psychologically incapable of these crimes, isn't it?"

"Objection!" Brennan was on his feet. "Counsel is impugning the witness's integrity."

"Your Honor, the witness's compensation is relevant to potential bias," Lisa argued.

"I'll allow it. Overruled."

"Dr. West," Lisa continued, "isn't it true that you work almost exclusively for defense attorneys? That ninety percent of your income comes from testifying on behalf of criminal defendants?"

"I work for whoever retains my services."

"But predominantly defense attorneys. In fact, you've testified in forty-three cases in the last five years. How many times have you testified that a defendant was psychologically capable of their alleged crimes?"

"I don't have that number memorized."

"I do. Zero. In forty-three cases, you have never once concluded that a defendant was psychologically capable of the crimes they were accused of. You always find some reason some psychological explanation for why they couldn't have done it. Isn't that convenient?"

"That's because defense attorneys typically only retain me when there are legitimate psychological questions about"

"Or because you're willing to say whatever the defense needs you to say for five thousand dollars a day."

"Objection! Argumentative!"

"Sustained. Ms. Martinez, you've made your point. Move on."

Lisa turned back to the jury. "No further questions."

Dr. West stepped down, looking significantly less confident than when he'd arrived.

"Is the defense ready to rest?" Judge Martinez asked.

Brennan stood. "Your Honor, the defense has one more witness. Someone who can speak to Patricia's state of mind and character. 
Lisa joined us. "I'm calling one rebuttal witness, then the prosecution rests. Closing arguments will be Thursday morning. The jury should have the case by Thursday afternoon."

"Two days," I said. "Two days until we know."

"Two days until deliberations begin. Could be hours. Could be days. There's no way to predict how long a jury will take."

That afternoon, Lisa called her rebuttal witness a linguistics expert who analyzed the text messages on Patricia's burner phone.

"The language patterns, the word choices, the syntax all consistent with Patricia's known writing style. The probability that someone else wrote these messages is less than five percent."

Brennan's cross-examination was brief. He couldn't do much damage to an expert linguistic analysis.

At 4 PM, Lisa stood. "Your Honor, the People rest."

"Very well. Closing arguments will be Thursday morning at 9 AM. Court is adjourned."

It was over. The testimony, the evidence, all of it. Now it was just closing arguments and then the jury's decision.

Two more days.

And then we'd know whether Patricia  would spend the rest of her life in prison.

Or walk free.