ACT ONE
(Courtroom. Judge enters.)
(Bailiff) All rise
and give your attention. The honorable judge Mrs. Margaret Jackson.
(All
seated after Judge sits down.)
(Judge) Good morning. Mr. Harris, are you
ready?
(Harris) The State is ready.
(Judge) Mr. Toms, are you prepared to
proceed?
(Toms) Yes, we are.
(Judge) Clerk, read the charge.
(Clerk)
Case number 0071252023. The State vs. Dr. Thomas J. Burton charging Thomas J.
Burton caused the death of his wife, Shirley Burton. The State seeks a second
degree murder conviction. How does the defendant plea?
(Dr. Burton) Not
guilty.
(Judge) Mr. Harris, you may present your opening statements at this
time.
(Harris) Thank you. (Turns to face jury.) It is very important that
murderers do not go free. The State (interrupted by Mr. Toms)
(Toms)
Objection. My client has not been convicted; Mr. Harris is suggesting he is
guilty.
(Judge) Objection denied. Guilt was not specifically implied towards
Dr. Burton.
(Harris) We will present evidence indicating the guilt of Dr.
Burton, and you will use your good judgment in making a correct verdict. Anyone
committing murder should be punished and not left in society. The State will
have witnesses establishing a motive for the crime. We will also present
positive forensic evidence. You will listen to the facts and make the decision.
Shirley Burton was a loving mother, school teacher, and active member of East
Side Baptist Church. She is no longer with us because of her husband
(Interrupted by Mr. Toms)
(Toms) Objection.
(Judge) Sustained.
(Harris)
We will call a witness that actually heard Dr. Burton threaten to kill his wife,
and a criminal laboratory specialist will tell you the results of blood and hair
samples found in Dr. Burton's car. Another witness will tell you about a very
suspicious late night trip made by Dr. Burton. You will judge this case by the
facts and the law, and not by personal feelings. There does NOT have to be an
eyewitness or confession for a person to be guilty of a crime. If there is
enough evidence to convict, there is enough evidence to convict with or without
a corpse. There is enough evidence in this case to find Dr. Burton guilty. Our
jury system makes America great. Thank you all very much. (Mr. Harris returns to
his chair.)
(Judge) Mr. Toms
(Toms) (Rises and approaches jury.) Dr.
Thomas Burton is not a murderer. He loved his wife and daughter. We have
witnesses that answer the State's evidence. Dr. Burton graduated from the
University of Virginia Medical College and has been a physician in Lakeville for
nine years. He is the treasurer of the Rotary Club and a deacon at East Side
Baptist. He has no criminal record. Dr. Burton married Shirley Kormetz in 1999,
and they have a daughter, now seventeen years old. You must base your verdict on
the facts, not the THEORY the State will present, and that is all they have -
only a THEORY. Shirley Burton's body has not been found. She may still be ALIVE.
The State is correct in saying a conviction can be based on substantial
circumstantial evidence. BUT their so-called evidence doesn't hold water. Just
as the justice system should punish a murderer, it should not punish an innocent
person. We are going to introduce to you witnesses that will show Dr. Burton's
Christian character and his love for his wife. And we will show you that the
evidence the State will present does not prove that Dr. Burton was involved. You
will hear from a lie detector specialist that administered a polygraph test to
Dr. Burton. The results vindicates him. I suggest to all of you that after all
the evidence you will find my client innocent. (Mr. Harris sits
down.)
(Judge) I would like to remind the jury not to make any predetermined
decision until after all the witnesses are heard. Now let's call up the first
witness.
(First witness Ms. Martin goes to witness box.)
(Bailiff) Do you
solemnly affirm that the testimony you give is the truth, and nothing but the
truth, under penalty of perjury?
(Martin) I do
(Harris) Please state your
name and address for the court.
(Martin) Melissa Martin. 229 Center Avenue,
Lakeville.
(Harris) How long have you lived at that address?
(Martin) All
my life.
(Harris) How long have you known Dr. Burton?
(Martin) About six
months.
(Harris) And what is your relationship to Dr. Burton?
(Martin) I
am a RN at Lakeville Mercy Hospital.
(Harris) And how often do you see Dr.
Burton?
(Martin) Almost everyday I'm on duty.
(Harris) Is your
relationship completely professional?
(Martin) Yes.
(Harris) On March 1st.
were you on duty at Lakeville Mercy?
(Martin) Yes.
(Harris) Did you see
Dr. Burton on that day?
(Martin) Yes.
(Harris) Did you talk to
him?
(Martin) Yes.
(Harris) What was the nature of the
conversation?
(Martin) We talked about a patient that refused to eat.
(Harris) Did you talk about anything else?
(Martin) No.
(Harris) Did
you hear Dr. Burton talking to anyone else?
(Martin) Yes.
(Harris) Who was
he talking to?
(Martin) I don't know. He was on his cell phone.
(Harris)
What did you hear Dr. Burton say?
(Martin) I heard him say, "I wish she was
dead."
(Harris) Were those his exact words?
(Martin) Yes.
(Harris) What
else did you hear him say?
(Martin) He asked if arcamine was a safe drug for
mental illness.
(Harris) Did you hear him say anything else?
(Martin)
No.
(Harris) Thank you Ms. Martin. No further questions.
(Judge) Mr. Toms,
do you want to cross examine the witness?
(Toms) Yes, your honor.
(Toms
approaches the witness.)
(Toms) Ms. Martin, you didn't hear the whole
conversation on the phone did you?
(Martin) No, I just happened to walk near
him and couldn't help but hear.
(Toms) But you didn't hear all of the
conversation?
(Martin) No, I went away. I didn't want him to think I was
listening.
(Toms) Did you hear
Dr. Burton mention Shirley Burton's name? (Martin) No. (Toms) He just said,
"she." That could be anybody or anything, right? (Martin) Yes, maybe. (Toms)
Thank you Ms. Martin. (Toms sits down.) (Judge) We will take a break at this
time. (Bailiff) All rise. (All rise. Curtain down. End of Act One. Short music
interlude.)
**continue**
