"The commonwealth calls Detective Jamarcus Webb," Gates announced.
Rosencrance checked her watch. "I'm assuming you will be keeping Detective Webb on the stand for quite some time, counsel?"
"That's correct," Gates said.
"Then let's resume after lunch when everybody is fresh." The judge banged her gavel, and the bailiff called the court into recess.
Over lunch, Marc Boland reiterated his strategy for Webb. "We've got to give the jury a reason to go with our insanity defense," he told Quinn. "For us to succeed, they have to want us to win. The insanity plea just gives them a means to make it happen."
Quinn didn't really disagree, so he just shoved another bite of sandwich in his mouth.
"Paul Donaldson was no Boy Scout," Boland continued. "He raped and killed Sherri McNamara. The jury needs to believe he got what he had coming.
"Plus, we've got to suggest other potential villains. Even though Catherine pled insanity, it doesn't hurt to plant some subtle seeds of doubt about whether she even committed the crimes. Jamarcus Webb will be a good place to start."
An hour later, Webb settled his large frame into the witness chair after affirming his oath with a look of grim determination. He cast a quick glance at Catherine before he shifted to face Boyd Gates and the jury.
For most of the afternoon, Jamarcus Webb presented a painfully detailed overview of the investigation linking Catherine to the death of Paul Donaldson-the hair on the envelope sent to the Richmond Times , the DNA evidence on the paper towels, the methohexital, the visions Catherine had shared with Webb, the gash on Donaldson's scalp found when his body was recovered and Catherine's question about whether Donaldson had been bleeding from the scalp. Jamarcus also discussed various issues related to chain of custody for the evidence and the standard police procedures involved in crime scene investigations.
"Is the death of Paul Donaldson the only crime you have investigated by this so-called Avenger of Blood?" Gates asked.
Marc Boland rose immediately to object. The subject matter of other crimes had been the basis of a lengthy pretrial motion to exclude, which the judge had already ruled against. In a written opinion, Rosencrance had held that the prosecution could refer to the other crimes, even though for strategic reasons O'Rourke had not yet been charged with them, because that evidence was critical on the issue of O'Rourke's state of mind and because the other crimes showed a pattern of conduct. For example, both the Carver and Milburn kidnappings tied the methohexital to the modus operandi of the Avenger of Blood.
"We renew our earlier motion to exclude this evidence," Boland said. "It's highly prejudicial and not relevant to the sole crime Ms. O'Rourke is being charged with in this proceeding."
"And for the reasons I stated earlier, I'm allowing the testimony," Rosencrance ruled. "It might be relevant to show an alleged pattern or MO, and it goes to the defendant's state of mind at the time of this crime."
Marc Boland gave the obligatory "Thank you, Your Honor" and sat down.
The jury, whose collective interest had been waning a little, now looked riveted to the witness, and Boyd Gates took maximum advantage. He had Jamarcus detail the evidence regarding the Avenger's use of methohexital on Marcia Carver and Sherita Johnson, and he asked Jamarcus to describe the notes sent by the Avenger after those kidnappings. Next, Gates asked the witness to discuss any evidence that suggested a pattern of premeditation for the Avenger's crimes.
In response, Jamarcus calmly took the jury through a litany of devastating facts. The defendant had apparently stalked Paul Donaldson and his girlfriend, taking pictures of Donaldson's girlfriend with another man in order to lure Donaldson into a meeting. The photos, heavily damaged by the brackish water of the Dismal Swamp Canal, had been found under the front seat of Donaldson's vehicle.
The Avenger of Blood had used an even more elaborate scheme to ensnare attorney Rex Archibald. First, the Avenger had sent several different e-mails from a variety of publicly accessible computers, posing as Reverend Harold Pryor and pretending that Pryor wanted to hire Archibald. To pay the retainer, the Avenger had procured five two-thousand-dollar money orders at five different convenience stores over the course of several days and had sent that money to Archibald.
The Avenger had then lured Archibald to a meeting at the North Williamsburg Baptist Church, Jamarcus told the jury. Before Archibald arrived, the Avenger had changed the marquee in front of the church to reflect a Bible verse-Ezekiel 18:20-conveying the Avenger's message about justice and punishment.
Gates asked Webb to read the verse, and the jury hung on every word:
"'The soul who sins is the one who will die. The son will not share the guilt of the father, nor will the father share the guilt of the son. The righteousness of the righteous man will be credited to him, and the wickedness of the wicked will be charged against him.'"
"What happened to Mr. Archibald after he met the Avenger at this church?"
Jamarcus hesitated and swallowed. "He hasn't been seen or heard from again."
Boyd Gates pretended to check some notes so the answer could hang in the air and poison the atmosphere. "This sounds like an impressive level of advanced planning for these crimes, Detective Webb. Would you agree?"
Marc Boland jumped up. "Objection. Leading."
"Sustained."
Gates shook his head, as if reprimanding himself. "Does this level of planning-and this level of cover-up, to the extent that virtually no scientific evidence is left behind at these crime scenes-seem consistent with someone who goes temporarily insane and does things she doesn't even remember?"
Boland stood and just spread his palms. "Judge…"
"Sustained," said Rosencrance. But the point had been made.
Boyd Gates collected his notes from the lectern and headed back to his counsel table. Webb's testimony had caused a type of somber hush to settle over the courtroom. This was the trial of a serial killer, after all, someone who had probably kidnapped babies even though she was "only" being charged in this trial with the murder of a single adult.
Before Boyd Gates sat down, he turned back to his witness, who was now taking a sip of water. "When the evidence first started piling up against Ms. O'Rourke, did you want to believe the evidence or did you want to believe that she was innocent?" Gates asked.
Boland objected again, but Quinn marveled at the brilliance of the question. One of Webb's vulnerable points would be his betrayal of Catherine's confidence. But Boyd Gates had just turned it into a strength.
"It goes to his lack of bias against the defendant," Gates explained to the judge. "Certainly that's relevant."
"Objection overruled," said Rosencrance.
Webb put down his water glass and looked directly at Catherine. "The defendant and I were friends," he said. "As a newspaper reporter, I trusted her with confidential information I thought the public needed to know. She guarded that information with her life. One time she went to jail rather than reveal me as her source."
Webb pursed his lips and shook his head a little. To Quinn, the angst did not seem manufactured. "I trusted her and believed in her until the evidence became overwhelming. She lied to me. And she used me to get inside information about the police investigation so she could govern her conduct accordingly."
Webb looked down to deliver his most devastating statement, one that Quinn realized would swing any remaining undecided jurors to Webb's side. "I failed in my duties as a detective," he confessed. "I let a personal friendship get in the way."
As if the testimony hadn't been harmful enough, Judge Rosencrance decided to increase its impact by letting the jurors think about it overnight. "It's nearly 5:00," she said. "Mr. Boland, we'll start with your cross-examination first thing tomorrow morning."
The judge warned the jurors not to discuss the case with anyone and not to listen to, watch, or read any media coverage of the trial. They all nodded solemnly, and the bailiff recessed the court. For a few seconds after the judge left, Catherine and her lawyers just stood there, the enormity of their task sinking in.
"We've got some work to do," Marc finally offered. "But tomorrow will be a new day. And I've got a few questions of my own for Detective Webb."