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Fiction. © Copyright 1997, Jim Loy
"Do you swear to tell the truth, the whole truth, and nothing but the truth?"
"I do."
"State your name and occupation."
"Susan M. Johnson, student."
"You may sit down."
Susan sat in the wooden chair on the witness stand. The prosecuting attorney approached her. "Did anything unusual happen to you on the evening of March 23rd?"
"Yes, I was raped."
"At about what time was this?"
"5:30."
"Is the person who raped you present in this courtroom?"
"Yes."
"Could you please point him out, for us?"
Susan looked at the young man in the defendant's chair, next to the defense attorney. Then she looked at the defendant's twin brother in the audience, near the defense table. He had a self-satisfied smirk on his face.
She pointed, "That man raped me."
"Let the record show that the witness has identified the defendant..."
"Not him, the one in the audience."
The courtroom erupted into an uproar. The judge was pounding his gavel, trying to restore order.
The defense attorney shouted, "Your honor, I move that the charges against my client be dropped."
In the turmoil, the prosecutor whispered angrily to Susan, "What the hell's going on?"
Susan replied, "They switched places."
The prosecutor turned to look at the two twins. Then he smiled. "Your honor, may we approach the bench?"
"In my chambers, gentlemen."
In the judge's chambers, the prosecutor explained his theory, that the two twins had switched places, in an attempt to confuse the witness. Finger prints later showed that he was right. A mistrial was declared.
The real rapist got a new trial, was found guilty, and went to prison. His brother was also sent to prison, as an accessory after the fact.
The defense attorney was found to have had no knowledge of the deception. But, he received a stern lecture for letting it happen.
Susan had recognized the rapist's smirk.