Chapters (73)
Eleanor stopped him with a smile. ‘Hang on, Howard. Let’s think about what we have to believe to conclude that there isn’t sufficient proof that Dr. Snow killed him. Okay? We have to believe that someone else chose that same foggy, slippery night to go to her house. If it was someone bent on robbery, as Dr. Snow contends, then we have to believe that they saw the lights on and a car in the garage and still decided to proceed with their plan. We have to believe that they either knocked or rang the doorbell – because there was no forced entry – and that Jay Ferris let them inside. This person then shot Ferris in the head, went downstairs without tracking any outside dirt or debris in the house, found jewelry in the bedroom, removed it, went back upstairs, and left. We have to believe that this all happened during the exact period of time when Dr. Snow was in the shower. We also have to believe that whoever did this either chose not to dispose of the jewelry despite committing murder to get it or somehow sold these distinctive, expensive pieces of jewelry without any of the sales coming to light. Okay? Howard, have I said anything that you disagree with?’
He shrugged. It sounded ridiculous when she put it like that, but she was right. ‘No, that’s true.’
‘Well, my question is this: Do you believe that is a reasonable theory of what happened? Anything is possible, but is that a credible alternative in the absence of evidence? Because we see this case differently. We see a successful woman with a terrible secret. She’s home alone with her husband. They argue, and she shoots him. Then she showers and washes her clothes to destroy evidence, and she takes the gun and some jewelry and hides them to make it look like a robbery. That’s what we think the evidence shows, Howard. Eleven of us believe there is no reasonable doubt that that is what actually happened.’
Howard returned to the jury table and sat down. He took the glass of water and drained it empty.
‘What about the Rav4?’ he asked.
‘The witness who saw the car is unreliable about the time and location,’ Eleanor said. ‘It makes it hard to take the story at face value. And really, a car parked on a nearby street? Is that enough to create doubt?’
‘There was a man with a gun,’ Howard added. ‘Ferris took pictures of him in the park.’
Eleanor nodded. ‘He did, but it’s clear that Ferris never even knew who this man was. Why would this person suddenly get it in his head to kill Jay Ferris? And really, Howard, isn’t it stretching coincidence to think that it happened during the exact time Dr. Snow was in the shower?’