Wednesday, October 07, 2009

The 3-hour "45-minute break"

I felt exhausted from paying such close attention -- every detail seemed vital because I couldn't tell what would be important in the long run.

Each piece of evidence followed a similar pattern. "Do you recognize this?"

("Yes.")

"What is it?"

("Front door, Ruger, shell casings, bullet fragments.")

"How did you first encounter this piece of evidence?"

("Night of the shooting, processed it according to protocol.")

Glacially, the narrative crept along, slowly, gradually building into a coherent story.


Several times the jury was "excused" (read: invited to leave the courtroom) while legal maneuverings were carried out. The most memorable of these was when the shooter himself was called to testify.

Already convicted and serving a sentence of 70 years to life, Richard Peacock (all the "Clue" jokes have already been made) was wheeled into the courtroom handcuffed and shackled to a wheelchair. He wore an orange jumpsuit with a black-and-white striped vest over it. He looked many pounds more gaunt than the man in the photo glaring balefully from the back of a sheriff's car.

He nodded to the jury. "Hiya. How's it going?" As the lawyers conferred with the judge, the bailiff unlocked one cuff and applied a band-aid to a bloody scrape on Mr. Peacock's wrist.

Conference finished, the shooter was sworn in and declared that he wanted an attorney and an hour to meet with him so as not to do or say anything to jeopardize his appeal. A female public defender's name was read out, and Mr. Peacock went ballistic. "Nah, nah, nah, nah!" he bellowed. "I wouldn't take that broad for all the tea in China!"

The judge told him to keep a civil tone, and then said to us, "Ladies and gentlemen of the jury, we'll need to conclude some legal business, so take a 45-minute break."

That break stretched to three hours, and the only other time I saw Richard Peacock was when he was being wheeled into the elevator by a deputy. He was laughing and cheerful.

That night on Yahoo! News I saw a local headline, "Alleged Mendocino Hit Man Refuses to Testify." I recalled the judge's daily admonitions about avoiding media coverage of the trial, and I forced myself not to read the article.

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