“As the prosecutor has told you, Detective Tredesco is going to testify that he didn’t need to consider other potential defendants because the police caught Mr. Hanson, quote, ‘red-handed’ running out of Jennifer Yamura’s house. The defense theory is that Mr. Hanson’s running away—and his trying to clean up the murder scene itself—shows consciousness of guilt. But you’re going to hear the detectives themselves admit that Ms. Yamura had been dead for at least eight hours by the time they discovered Mr. Hanson at her house.
“The prosecution will also concede that Mr. Hanson had a strong motive to cover up his involvement with Ms. Yamura that had nothing to do with murder. Mr. Hanson, a married man, was having an affair with Ms. Yamura. Now, I’m not going to ask you to excuse or forgive Mr. Hanson for his affair. Only his wife, Marcie, can do that. And she has, which is why she’s here today, supporting her husband.”
This is an important point for me to make to the jurors, especially the women. David was a rake. But he’s a good enough man that his wife was willing to forgive him for the affair and stand by his side.
“And although an affair is not and has never been proof of murder,” I continue, “it provides a man a powerful motive to hide evidence of his involvement with a woman.” I pause to let this sink in. “But Mr. Hanson also had a second reason to try to cover up his affair with Ms. Yamura, and you’ll hear this from one of the prosecution’s own witnesses, Edwin Hanson, the CEO of Hanson World Industries. Now, Edwin Hanson has no love for his half brother, but he will admit that at the time David Hanson discovered Jennifer’s body, David was on the verge of sewing up one of the largest international business deals in HWI’s history. A deal that would have brought thousands of jobs and countless millions of dollars to our city. A deal that would have propelled David into a position of high leadership at Hanson World Industries, despite the hatred of his jealous brother, Edwin. And Edwin Hanson will admit that any threat of scandal might have put the deal on ice. And, indeed, it has. This very complex, very fragile business arrangement that would have brought vast benefits to our city was stopped in its tracks the minute the district attorney jumped the gun and charged David Hanson with the murder of Jennifer Yamura.
“So it’s no wonder that David Hanson tried to clean the Addison Street house after he discovered his lover’s long-dead body, or that he tried to flee once the police arrived. But there is something at the very heart of this case that should—and will—cause every one of you to wonder. A gaping hole at the center of the prosecution’s theory that David Hanson was the one who killed Jennifer Yamura. I’m speaking of the 911 phone call. The call placed from a disposable, untraceable phone, a burner phone of the type used by drug dealers and other career criminals.
“The prosecutor glossed over it in his opening. He said that the police showed up at 1792 Addison Street in response to a call about a ‘disturbance.’ What Mr. Walker failed to tell you was that this phone call—and you will hear it for yourself on tape—demonstrates that someone other than David Hanson knew that David was in Jennifer’s house that night. That Jennifer Yamura was dead. And that someone was out to make very, very sure that the police arrived to catch David in the house with Jennifer’s body.”
Here I take some time to explain how the anonymous caller claimed to have heard people shouting and the sounds of things crashing—all of which was impossible, as Jennifer had been dead for hours.
“Who was this caller? And why was he so determined to have the police seize David as the prime suspect? Was it the real murderer? Or someone who knew the real murderer and sought to protect them by misdirecting the police? One of the corrupt police officers who wanted Yamura dead to stop her investigation? One of David Hanson’s many powerful enemies in the business world? Or was it a burglar Jennifer caught in the act of breaking into her home—maybe the same burglar who’d recently broken into other homes in her neighborhood? We’ll never know, because the police never followed up to find out. But he almost certainly was watching the house after killing Jennifer Yamura, which gave him the opportunity to blame it on David Hanson.”
I’m pouring it on thick now. And Devlin Walker could properly have objected at any number of points. But Devlin believes he’s holding all the cards. He’s letting me grandstand the way a tolerant parent lets a child throw a temper tantrum, knowing it will come to nothing.
“And then there’s the other gaping hole in the prosecution’s case. The complete absence of motive. I waited throughout the prosecutor’s opening statement to hear what the state had conjured up as Mr. Hanson’s supposed motive for killing Ms. Yamura. But it never came. There will be no witnesses testifying that Mr. Hanson and Ms. Yamura had a falling-out. No witnesses testifying that they were seen fighting or arguing, that their relationship was a volatile one rather than a smooth relationship of convenience. If the prosecutor’s opening speech accurately laid out the case he intends to prove, you will not hear one word speaking to any reason that Mr. Hanson would have wanted to kill Ms. Yamura.
“In the end, what you will be left with is this. First, that Jennifer Yamura was murdered. Everyone agrees to this. Second, that Mr. Hanson was having an affair with Ms. Yamura. Everyone agrees to this. And third, that Mr. Hanson’s attempt to clean the Addison Street house of all evidence of his presence and his attempt to flee when the police arrived was consistent with his wanting to hide the evidence of his affair with the victim.
“The prosecution has a heavy burden. But it’s their burden. Never lose sight of that. Equally important, know that only your acquittal of David Hanson will allow the police to find the real killer of Jennifer Yamura.” I turn toward the Yamura family. “And that her family will get the justice they deserve.”
Jennifer’s father looks into my eyes, his own eyes filled with turmoil and pain. I hold Mr. Yamura’s gaze for a moment, then turn back to the jury, say thank you, and take my seat.
I don’t think I’ve ever felt worse about myself than I do right now.
27
MONDAY, NOVEMBER 12, CONTINUED
Judge Henry recesses for lunch. During the break, my team and I gather around the defense table.
“I think you gave the jury some things to think about,” Alexander Ginsberg says. “But it’s going to be an uphill battle.”
“It was a good opening, Mick. Thank you.” Marcie’s smiling, but her eyes remain sharp, steely.
She’s watching me like a hawk. Me and everyone else. I was right to plant Ginsberg next to her, to whisper doubts in her ear as the case moves forward. Worry her.
An hour later, everyone is back in their seats. Devlin’s first witness is Tim Kujowski. With only three years on the force, Kujowski is the youngest of the officers involved in the investigation. He looks sharp in his crisp blue uniform and buzz-cut blond hair. A Boy Scout.
Devlin quickly runs Kujowski through the preliminaries—how long he’s been on the force, what district he works out of, what time he reported to duty. Then he gets to the meat.