day that was likely her last day on this earth, she will tell you that this defendant, Saul Hildegarde, took her life. This is what she said:
â âEvery time I mentioned divorce, heâd say the only way Iâd get out of this marriage was in a pine box. I didnât believe he really meant it. But then I found him with that volunteer, and I finally knew Iâd had enough. So that night, I told him it was over and I didnât care what he wanted anymore. I was getting a divorce. He grabbed me by the throat and started to shake me. âIâll kill you!â At that moment, his voice, his faceâ¦Iâd never seen him look like that before. I was so scared. It was real. He really meant it. I know if I donât get out of here, heâs going to kill me. If Iâm dead when you read this, itâll be because he killed me.â â
I paused again, letting her words sink in. âSadly, though the evidence will show she tried to get away, Melissa never made it. What we will prove to you, ladies and gentlemen, is that this defendantââI turned and pointed at him for emphasisââtook her life even as she desperately, valiantly, tried to escape. Then he dumped her body into the ocean and purposely tried to make it look as though sheâd been killed during a robbery.â
I saw Juror Number Four nod slightly, then toss a skeptical look in the defendantâs direction. Excellent. Iâd already pegged Juror Number Four as the likely foreman.
âBut that scenario wonât fly. So my guess is that heâll say Melissa deliberately left her blood in the car to set him up, and that sheâs not dead at all. Sheâs just getting even. But, ladies and gentlemen, when itâs all said and done, youâll see thatâs just an other defense ploy, and that Melissa is truly, tragically, dead. We will prove to you beyond a reasonable doubt that Melissa was murdered and that this defendant was the killer. And at the conclusion of this case, I will be asking you to return a verdict o f guilty for murder in the first degree.â
On that note, I strode back to counsel table with a bravado I definitely wasnât feeling. The truth was, though Iâd trumpeted Melissaâs last diary entry, it posed a big problem for me. It started off great, but it ended with Melissa saying she had to get out of there. I knew Ronnie OâBryan would make it the cornerstone of his defense. But there was no point in trying to avoid it. The defense would trot out that line every chance they gotâprobably a thousand times before this trial was through. Better to front it myself and show the jury it didnât bother me. Anyone who tells you a trial isnât a performance is a damn liar.
As I sat down, I glanced at the defense table and saw Saul whispering animatedly to OâBryan. Saul was handsome, but his thick arms and torso gave him a hulking look that could appear menacing, especially hunched over at counsel table. His dark eyes and heavy, sensual features added to the effect. And Iâd noticed during pretrial motions that he had a hard time controlling his reactions. Every time I said something to the judge, heâd nudge his lawyer and write furiously, and occasionally Iâd catch him glaring at me. This was great stuff for the jury to see, and I hoped OâBryan wouldnât be able to break him of the habit. Now, I saw OâBryan pat him on the arm, then stand to address the judge. My guess was that Saul had been pushing him to make an opening statementâsomething the defense rarely does, and rarely should do.
âYour Honor, the defense will reserve opening statement at this time.â
âVery well,â the judge said. He turned to me. âPeople, call your first witness.â
My only hope was that the physical evidence would tip the jury in my favor. So I intended to lean heavily on my experts. Because Dorian was in charge of