The trial was becoming my life. No matter what else was going on, umpiring, family matters, what little time I spent at work, I was thinking about the testimony. We saw pictures, heard testimony, handled weapons, listened to tapes. The folks in the jury room got considerably less chatty and we tended to keep to ourselves. Now we would be hearing a lot of VERY dry psychobabble, but I vowed to myself I would hang in there. Not so for a couple of others, who sometimes went to a local bar on their lunch break and downed a couple of shots. Had to prod one of them several times one day just to keep him awake. This was important shit we were listening to and it upset me when any of the others didn't treat it seriously enough....
After Richard finally left the stand Tuesday afternoon Mr. Zimmer called Dr. Lowell Cooper, a clinical psychologist with about 30 years of experience in general psychology. After a rundown of his credentials he was acknowledged by all present as an expert in his field. Mr. Zimmer is counting on the testimony of this man above all else to prove that Clark made a false confession, not through any extraordinarily cruel treatment by the police, but through a more complex dynamic set up by past experiences in Clark's life. Through a continued pattern of physical and mental abuse, the doctor opines, Richard is inclined to read subtle and less threatening behavior and language to alter his story and avoid conflict with authority figures.
The doctor cites studies that back up the notion that a person might become so compliant that he will do or say anything to get out of a perceived threatening situation, even if it means losing sight of the long-term consequences of these actions. He compares Richard's situation to the nervous feelings that most people have when a policeman pulls us over. He's pretty convincing, stating that there are over one hundred documented cases of false confession on record. This is interesting. There might be a case here. I hear the doctor saying things that ring a bell within me about how abusive behavior can cause you later to become a peacemaker, a person who tries to avoid conflict by any means. I have something to think about as the evening recess is called.
3/3/93
On Wednesday Dr. Cooper had other commitments, so we heard from a few other folks. First was our old friend Tech Hutchinson. I don't understand why it was brought up, but a good 30 minutes was taken up by both Mr. Zimmer and Mr. Burr concerning the location of the lights at the Chetwood site and the relative quality of the lighting overall. That was it for him. Then came one of the more emotional moments of this trial (so far).
Mr. Zimmer called Leslie Noyer's Mom. The intent of this questioning seemed solely to be establishing whether it was normal for Leslie to carry a purse, whether she may have had any money or ID on her in any other location, and whether the mom saw Leslie carrying a purse out with her that fateful night. The worst part was when the mom had to explain that. She and Leslie had fought that night before the girl went out. Even though Leslie called her later to say "I love you. I'm coming home", I'm sure her Mom carries the memory of that fight with her even now. She was very upset and needed several moments to compose herself. She stayed in the courtroom afterward until the last recess that day.
Richard's sister, Kimberly Clark, came to the stand next. She was called up to confirm that Clark had pretty much broken off all contact with Stevens after Lori Rochon was killed. Then Mr. Burr began asking her about when she knew the details of Rochon's death. She was very uncooperative, saying that she did not recall anything she might have been told in 1989. Mr. Burr played back selected portions of a taped statement she made at the time, each time "refreshing" Kimberly's memory. The point here seemed to be that we are reminded of the consistencies in the story as told by Richard Clark. There was never enough time to line up all of the details of the story between the time Richard was arrested and the taped statement she gave. The only other alternative might have been intensive coaching by Clark of his sister.
To be honest I really don't think that's likely, given the rather simple mentality of the two. They aren't stupid or mentally deficient, but I don't get the impression that they would do that on the contingency that Richard would be arrested.
The last witness today was Terry Jones, the First Sergeant of Richard's platoon in the California National Guard. He described Richard as a good soldier, always ready to volunteer for extra duty; a meek acquiescent "gentle giant" who sometimes stepped into conflicts between fellow soldiers as a peacemaker. Mr. Burr tried to balance that testimony by presenting Clark as a good soldier who could kill on command. He tried to have us see this as the "job" of a soldier. Richard was in Communications Support, hardly a front-line position. He had a sharpshooter's qualification with the M16, but I knew that all military personnel are required to qualify in some category regardless of their specialty. Sgt. Jones wasn't very happy with Mr Burr but that's to be expected.
How many of us know somebody we could classify as a potential murderer?
Next: The beat drags on through the MMPI
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