Too Many Questions
The eleven jurors gave their guilty verdict all around the long table and they all turned to juror number twelve. His name was Thomas Perry, and it looked like he was asleep. He leaned back in his chair, his hands were laced behind his head, and his eyes were closed.
Harvey Wilson, the jury foreman raised his voice. “Thomas, can we have your verdict?”
Thomas opened his eyes, then pulled himself upright. He gave a small yawn, and said, "Certainly. I render the verdict of Not Guilty.”
Several of his fellow jurors gasped at his answer. Harvey cleared his throat and said, "I don’t think we heard you correctly. Could you please repeat your verdict?”
Thomas leaned forward. “I said that my verdict is Not Guilty.”
The other jurors turned to each other with looks that varied from shock to disbelief to downright fear. They all turned their faces to Harvey, who stated, "Very well, Thomas. If that is your verdict, then so be it. However, can you at least try to give us a reason for your decision?”
Thomas shifted his gaze to each of his fellow jurors. There were six women and six men. Three of the jurors were African-American and two were Hispanic. All were between twenty-five to forty years old. And most importantly, none of the jurors, including himself, had any children.
“Sure, I can do that. But, before I do, I want to know from the rest of you is why you think he is guilty.”
The person in question was the defendant, Dennis Mayo, who was charged with the murder of ten-year-old Michael Flynn. Joe Stamper spoke up.
“His own past is against him. He’s an ex-con and a registered sex offender.”
Another juror, Lisa Donner, added in. “I think he’s guilty because of the vicinity of the crime. The school is not very far from his own house. Also, he had no established alibi between the time the poor boy went missing, and when they found his body.”
Harvey weighed in. “And, we cannot ignore that the boy’s shirt was found in the guy’s basement when the police searched it. If that doesn’t prove it, then, what else is there?”
When no one chimed in, Thomas knew that those three were the main ones he would have to argue with. The rest of the jurors did enter a guilty verdict, but they could be convinced to change their decision.
Thomas took a small drink from his water glass and began. He turned to Joe Stamper.
“First Mr. Stamper, you should be aware that a person’s past record has no bearing on the present case unless there is a direct relation to his previous crimes. True, Dennis Mayo was convicted of indecent exposure and sexual harassment. He was sentenced to eight years, and went through all the programs and treatment, and got parole after four years. Since then, he has been walking the straight and narrow all this time. Also, there is no connection between Michael Flynn and the young girls that Mr. Mayo harassed. So, the fact that he is a registered sex offender has no bearing here.”
He turned to Ms. Donner. “You said that the school where Michael Flynn attended was not very far from Mr. Mayo’s residence. The distance is about eight miles as the crow flies, however, according to his statement during his interrogation, Mr. Mayo never went close to that school, or any other school in town, due to his reputation. Of course, you could think that he was lying. Criminals often do that, but consider how he’s been living for the past two years. According to the testimony from his own parole officer, Mr. Mayo has been working from home since he has been on parole. He makes a living writing business letters and email templates on the internet. Since he works from home, he hardly ever leaves his house, except to go to the supermarket, and to his bank. Both are only down the street and two blocks over from his residence. He has a driver’s license, but he doesn’t have a car. He uses his ten-speed bicycle, and he only makes his trips to the store and the bank about once a week. He has established a set pattern for his life, which helps his parole officer keep tabs on him. The police report theorized that Mr. Mayo lured young Mike Flynn to his house, killed him, and dumped his body at the town landfill. So, how could Mr. Mayo have done all of this without a car?”
“He could’ve stolen a car. A lot of cons learn to do that in prison.” This came from Sebastián Cruz.
Thomas replied. “OK, if we use Mr. Stamper’s logic, then according to Mr. Mayo’s record, he has no history of stealing. Also, it says that Mr. Mayo wore an ankle bracelet before he was arrested. That means he would have to steal a car within the town limits. That would make him more noticeable around town even before the boy went missing. So, he went from being an internet hermit to grand theft auto, and then to murder.” Thomas shook his head. “This whole case is as flimsy as a house of cards.”
Harvey nodded. “What you’re saying might work, but we still cannot forget about the shirt that was found at Mr. Mayo’s house. That shirt matched what the boy’s parents said that he was wearing when he disappeared, and there were bullet holes that lined up with the bullet wounds on the boy’s body. “
“Right, the ‘smoking gun’ that the prosecutor referred to during the trial, which leads me to another question. How can a registered sex offender with a criminal record get his hands on a gun?”
Another juror named Oscar McNeill said, "C'mon. Anybody can get a gun these days. This is Texas. “
Thomas said, "Yes, anybody can get a gun. However, Mr. Mayo has a major flag on his record, so not even the shadiest gun store owner would go near him. Also, remember that he couldn’t leave town, and there are no gun stores within town limits. And, since he is well known in town as an ex-con who lives alone, would there be anyone crazy enough to sell a gun to him? These questions should raise some doubts, but let’s assume that he did get a gun. Now, let's go back to the boy’s shirt. According to the police report, the boy was found naked and wrapped up in a ten by ten foot of blue tarp. The body was cleaned up so no other prints or DNA could be found on the body. So, if Mr. Mayo killed this boy, and took great care to remove any stains from the body and hide the boy’s clothes, why would he leave a shirt behind?”
Thomas opened the folder in front of him. “Another thing to consider. When the police showed up with a search warrant, they went directly to the basement door at Mr. Mayo’s house. They didn’t search in any other room. According to a statement from one of the detectives there, they stated that the door was stuck closed, and it took two officers to break it open. During Mr. Mayo’s interrogation, he said that the basement was, in fact, a root cellar with no plumbing and no electrical line. This was confirmed with the police officers stated that they had to use flashlights as they went down the stairs. Mr. Mayo stated that he never went down there because he has nyctophobia, an intense fear of dark places. So, how does this add up? How can a man clean up a dead body in a dark basement that he never goes into with no running water or lights? And, if he was able to do all that, why would he leave the boy’s shirt behind?”
At his point, even Harvey lowered his gaze while he thought this out. Thomas watched the others as they processed these questions. Finally, Harvey looked up and said, "You made some great points Tom. I never considered all the facts that you mentioned, and now that you did, there are some real doubts about this. I’m changing my verdict to Not Guilty. Does anyone else want to change their verdict?”
Slowly, Al Stamper raised his hand and did Sebastián Cruz, Oscar McNeill, and three other jurors. Lisa Donner did not raise her hand. She gave Thomas a long look, and said, "I can’t tell if you’re a juror, or if you’re working for the defense, but nothing that you said will change my mind. This man is guilty, and since the rest of you are going to let him go, then God help you if this guy kills again, but I won’t have this boy’s blood on my hands.”
Harvey said, "Your thoughts on this case are still valid, however, we have agreed that Mr. Mayo is Not Guilty. I’ll inform the bailiff.” With that, he walked out of the room.