As much as Andrea disliked Kyle's theatrics, she couldn't deny how good he was at it. He commanded their attention with his every word and made it look easy.
"What is the standard that is required by justice?" he continued, striding across the courtroom. "We have heard the very definition given just a few minutes ago by my… learned friend… from the defense."
Even though 'my learned friend' was formally the appropriate way for lawyers to address one another, Andrea always felt he made it sound so patronizing when he referred to her that way.
"'Beyond reasonable doubt,'" Kyle continued. "And with that definition, we also received an impassioned testimony as to how important this standard of 'beyond reasonable doubt' is to the principle of justice. It is a lofty standard indeed, and a tall order for many a humble prosecutor to meet that level of proof."
Kyle paused, letting the jury reflect on his words. 'Where is he going with this?' Andrea wondered. The judge would be all over him if he tried to suggest that it would somehow be OK for the jury to lower their standards below what the law required.
"If I may pose a question… Why set the bar so low?" Kyle asked.
'What?!' thought Andrea.
"Only 'reasonable doubt'? Why not unreasonable doubt? Why not beyond ANY doubt? Why not require that guilt be proven with exacting certitude, so no-one could have any cause to doubt that the defendant was guilty?" Kyle broke into a wry smile. "I'm sure I don't need to explain why."
'I'm sure that he's about to anyway.' Andrea resisted the urge to roll her eyes. Kyle certainly wouldn't have needed to explain if he had just said things more plainly to begin with. 'Why are we not asked to prove cases beyond ALL doubt…? Because you can almost never PROVE something 100%' Simple! But now he was going to explain it anyway.
Kyle would never miss an opportunity for a little more flattery of the jury's wisdom, but he'd still make sure no-one missed his point, and they'd be all the more likely to agree with him for having made them think that it was their idea! She could see where this was going and didn't like it one bit.
"In a world as messy and complicated as ours, with conflicting testimony and incomplete evidence, to set the bar that high would be… well, it would be unreasonable! Such an impossible standard would result in virtually every defendant walking free, even when their guilt was apparent to any straight thinking person. Fortunately, the architects of our legal system had the insight not to put the requirements at such an impossible level."
Andrea wasn't surprised that Kyle was shoehorning in a little praise for the system.
"The standard that must be met is that of 'beyond reasonable doubt', and so we can therefore logically conclude that our belief in the true events of this case, based on the facts and evidence that has been presented, must therefore BE reasonable."
Andrea glanced quickly at the judge, needing to make a snap decision if she was going to object.
Did this qualify as trying to lower the burden of proof? The judge's expression suggested they agreed that it was toeing the line, but Andrea knew a failed objection would just weaken her case further. As usual, Kyle was bending the rules as far as he could without breaking them.
"Think over the defense that has been put forward… Now I will concede that it's a touching story, such as would tug on one's heart and bring a tear to one's eye. But your responsibility is not to deliver your verdict based on feelings and emotions and what you would like to be true, but upon the facts as presented! And the fundamental question… is it reasonable to doubt the story…?"
Andrea still had hope of winning the case, but it was eroding with every word Kyle said. She didn't usually rely so much on emotional pleas in her arguments, and here Kyle was twisting it round to use against her. Whatever sympathy the jurors had felt because of what she'd said would now make them question if they were being 'objective' and 'factual' enough. Had he known somehow the strategy she was going to use ahead of time in order to have his own counter attack prepared?
"Let us briefly revisit what we are being asked to believe…" Kyle ticked them off on his fingers one by one.
"Firstly, an ex-car thief with a long history of prior convictions has turned his life around and gone straight. Not impossible, it's certainly the outcome that we hope for for all found guilty by our legal system, that they might be reformed.
"Secondly, that he just HAPPENED to be in the area in which the theft occurred AND around the time the crime took place. Ladies and gentlemen, I'm sad to say that with the crime in this city, that's not unlikely at all… we've probably all been in the vicinity of a crime ourselves without knowing it!"
That remark got a chuckle from the jury, which Andrea thought was undeserved. It wasn't like it was all that funny, and this certainly wasn't a situation to be making jokes!
"But then, ladies and gentlemen… THIRDLY, we are asked to believe that the 'real' criminal COINCIDENTALLY had a similar appearance to the defendant! Well, this seems less reasonable to me. I may have been in the VICINITY of a crime unwittingly, but I very much doubt that I've ever been near one perpetrated by my doppelgänger!"
'That's a stretch,' thought Andrea. No-one had suggested that the real thief was Adams' doppelgänger, just that there was enough of a likeness that they could be confused on a low quality video recording.
"And then, fourthly, to compile unlikely events, the defendant went on to meet with the 'actual' thief, and 'unknowingly' buy some of 'their' stolen property? Is it 'reasonable' to believe in such a coincidence?" Kyle's voice was dripping in condescension, as if to imply that only the very gullible could believe such a tale.
Maybe it was just her imagination, but Andrea felt like Kyle's words were directed at her! That she was a fool for believing. But it was the truth! Andrea knew that Adams' story was true, it WAS just an unlucky coincidence.
"Is this version of events reasonable to believe? Or," he continued, "is it more reasonable to believe, as much as we might not like to, that an ex-car thief fell back into old habits, and then spun a tale when he got caught. Ladies and gentlemen of the jury, it is up to you to decide which version is more reasonable, and which you should doubt."
As Kyle returned to his desk, the judge began giving the jury their final instructions. Andrea hardly heard the words as she wondered if there was any chance of still winning the case.
She couldn't resist glancing over at him as the court was adjourned and the jury were escorted from the room. No doubt he would be grinning in smug self-satisfaction at his performance, arrogantly confident in his inevitable victory.
She was surprised instead to see him looking serious, somber even. He was collecting up his papers and seemed lost in thought. Andrea wondered what could be on his mind.
What was supposed to have been a quick glance stretched too long, and he caught her looking. Kyle flashed her a smile. There it was! The smug smirk she had been expecting. She must have been crazy to think that he was capable of being serious or thoughtful.
Andrea started to collect up her own papers and was careful not to look in Kyle's direction again.