Chapter 21

As Judge Elizabeth Yee entered the courtroom and opened the day’s session, Carmichael’s attention was otherwise occupied. Her closing summation continued to play itself in her mind, as it had been doing all morning. It wasn’t until Morgan had taken a position in front of the jury that she finally focused on the proceedings.

Holding a piece of paper in front of her for the jury to see, Morgan said, “Despite education and public awareness, violence against women is still a common occurrence in our society. This is a partial list of women living in the greater New York area who obtained restraining orders in the past twenty-four months against various men by whom they felt threatened.” She lowered her hand and sadly scanned the list. “I wish I could have brought in some of these women to tell you about the success of restraining orders. Unfortunately, they are all dead. Many of them are known to have been killed by the very individuals they sought protection from.” She wadded up the paper, tossed it onto the defense table and stated emphatically, “Although they are the legal system’s answer to the fears of those women who are being stalked or abused, restraining orders are seldom worth the paper they are printed on. If the men listed on such orders played by the rules, outside restraint wouldn’t be necessary.

“Sara Grayson was afraid of her husband, and with good reason. Throughout their twenty year marriage, he beat and abused her on a regular basis. Should she have sought help? As outsiders we would say, of course, and it may be difficult for us to understand why she didn’t. Even after hearing from an expert about the psychological ramifications spousal abuse has on the one being abused, we may or may not understand her reasons for remaining in such a situation. But consider what Sara was faced with: The man she loved, who promised to love her, destroyed her self-esteem by continually subjecting her to brutal and humiliating treatment. He became, and forced her to become, a member of a radical group of people who condoned such behavior. The one person she did turn to for help implied the abuse was her fault and suggested she try harder to please her husband. You heard and saw for yourself the mentality Sara had to deal with when Reverend Fillmore took the stand. Faced with such overwhelming, daily opposition, Sara simply lived her life the best she could, taking care of her family obligations and trying to stay on her husband’s good side. And because Mitchell Grayson took all self-worth from her, she didn’t care enough about herself to try to change her situation.

“But when it came to her children’s welfare, Sara could no longer passively bear her husband’s mistreatment. When she began to fear for her children, she took action, at her own risk, and struck out at her and her children’s long-time abuser. In the prosecution’s eyes, her final action may seem far too drastic and unwarranted. But who are we to say what Sara felt? She had suffered in silence for years. Who can know what affect that had on her? In her eyes, she took the only course available to her in order to protect her children. Does she feel guilty for the result of her action? Of course she does. If a disturbed stranger decided to commit suicide by throwing himself in front of your automobile as you drove down a busy street, would you feel guilt and remorse? Certainly, we all would, even though we wouldn’t be at fault. Sara feels much the same thing. She lived with her husband for over twenty years, and at one time loved him very much. He was the father of her children. It’s perfectly understandable for her to feel remorse. But those feelings are not grounds to dismiss justification. Like the driver of that car, in her mind, she didn’t have any other option than the course she took.”

Morgan sighed and shook her head slowly. “Sara fully expected to be punished for what she did. She was resigned to spending much, if not all, of the rest of her life in prison. It took a great deal of persuasion to get her into this courtroom to tell you her side of the story. Don’t let her down. Don’t let the courage it took for her to come here be for nothing. Sara herself may feel guilt and regret at the action she was forced to take, but that doesn’t mean she deserves to be punished for it. Mitchell Grayson punished her undeservedly for over twenty years. She doesn’t deserve to be punished anymore. She deserves her freedom.”

After holding the jurists attention for a few seconds longer, Morgan resumed her seat beside her client.

Carmichael slowly rose and walked across the room to take her place, then began with seeming hesitation. “I have a confession to make: Up until yesterday, I was of the opinion that the abuse the defendant alledged was something she had made up and was using as an excuse to avoid punishment. After all, Mitchell Grayson’s coworkers and friends told us how proud he was of his family, how they were the subject of the majority of his conversations. It seemed difficult to imagine that this man who was described as a devoted family man and conscientious, helpful coworker could be responsible for the actions his wife was claiming.”

She paced the length of the jury box, eyes on the floor. “But after Sara Grayson took the stand yesterday, I doubt that anyone who was present can say they don’t now believe that she was abused, or weren’t moved with pity for what this woman endured. It’s normal human behavior to feel compassion for the suffering of another.” She stopped and faced the jurists once more, folding her arms resolutely. “But let’s not allow our compassion to cause us to lose sight of the issue at hand. Mitchell Grayson is not the one on trial here, although his actions would have given reason for him to be if the situation had been handled correctly. Mitchell Grayson is dead because his wife killed him. The justification of that action is the only issue you are here to decide.

“Whatever Sara Grayson suffered or whatever she thought her children were facing, the fact is she had other remedies available to her that she could have taken advantage of, but didn’t. She never solicited the help of family or friends. She never even told them that she was being abused. She never took her children to any one of the numerous shelters that provide safe haven to abused women and their children. During all the years she suffered, she never reported any abuse to the police. And in spite of defense counsel’s claims about restraining orders, many more women have been protected by them than have not. The defendant had an obligation to at least give legal restraint against her husband a try before she took more drastic measures. But instead, Sara Grayson sought help for herself and her children from no one.

“You heard the defense’s own expert witness testify that most women who strike out at their abusers do so impulsively when they feel their life is in immediate danger and they have no other way out. In many of those cases, the abused ones turn themselves in and are then eager to confess and justify their actions. The fact that the defendant did none of these things suggests that she herself doubted the justification of her actions. The guilt that she now feels also casts a doubt on that justification, no matter what her lawyer tells you. In her own mind she has doubts.”

Carmichael rested her hands on the rail in front of the jury, leaning forward slightly. “So here we are, ladies and gentlemen, back to the issue at hand. The defendant used deadly force against her husband and wants us to believe that she was justified in doing so. The law allows the use of deadly force only when one’s life or safety is in imminent physical danger, or in the defense of another whose life or safety is being immediately threatened. None of these things can be claimed when using such force against someone who is asleep at the time of the attack. Sara Grayson took it upon herself to become judge, jury and executioner of Mitchell Grayson. She took the law into her own hands. That wasn’t her right. And for that crime, she does deserve to be punished.”

***Judge Yee handed the verdict slip back to the court bailiff and asked, “Has the jury reached a decision?”

“Yes, Your Honor,” the foreperson stated, accepting the slip from the bailiff. As Morgan and Grayson stood up, she unfolded the paper and read from it, “In the matter of People versus Sara Grayson, on the charge of murder in the second degree, we the jury find the defendant not guilty.”

Carmichael glanced to her left and watched as Grayson burst into tears and threw her arms around Morgan. All things considered, she didn’t feel as burned as she did with most cases they lost. And when Yee announced the dismissal of all charges and ended court, she actually felt a sense of satisfaction as Grayson was joined by her three children. Somehow, it felt like a happy ending despite the loss.

As she was repacking her briefcase, she considered cornering Morgan and offering to buy her a drink as a kind of peace offering, but decided against it. When the time was right, she was sure Morgan would make the conciliatory gesture. So instead, she and Penland headed out into the mid-afternoon sun and back to the office.

***At the sound of a throat being cleared, Carmichael looked up from her desk to find Morgan standing in the doorway of her office. Caught by surprise, all she could manage was a quick, “Hi.”

Morgan strolled in with her hands in the pockets of her jeans. “I stopped by to see Jack but the receptionist said he isn’t back from court yet.”

Carmichael checked the clock on the far wall. “He should be back anytime now. Is there something I can help you with instead?”

“No,” Morgan answered casually as she sat down. “He and I are supposed to go to dinner. Sort of a celebration.”

Wondering if the purpose of Morgan’s visit was to rub her nose in the loss, Carmichael said coolly, “I guess you have reason to celebrate.”

Morgan stretched in the chair. “Oh, it’s just another day, another dollar.” She paused, mid-stretch and frowned slightly. “Well, actually, I guess it’s just another day since I didn’t get paid on this one.”

Catching the sparkle in her eye, Carmichael brightened. “So make Jack buy dinner tonight.”

“That seems fair,” Morgan quickly agreed. She studied Carmichael for a moment, then said, “What I need more than food is a nice, long run.”

“Yeah, I know what you mean,” Carmichael acknowledged, trying to decide whether or not the comment was an invitation. “But I guess you can’t stand Jack up.”

“Sure I can. I owe him one,” she shrugged. “I’ll call him later and explain. Are you anywhere near being finished for the day?”

Carmichael grinned. “That depends on whether or not we can get out of the building without my getting caught.”

“Well then, I’d better check the hallway to see if the coast is clear,” Morgan said with a smile.

While Carmichael quickly stashed a file in a desk drawer and grabbed her coat, Morgan peered first one way and then the other down the hall.

Coming up behind her, Carmichael reached to turn off the lights, then asked, “How’s it look?”

Glancing over her shoulder, Morgan answered, “All clear. Let’s make a run for it.”

“I’m right behind you,” Carmichael assured her.

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