Washington, on the stand, was unable to remember or understand very much. He could not keep his facts straight, but said he was sure of his answers. He repeatedly contradicted himself if asked things twice, apparently under the impression that he'd gotten it wrong the first time. For instance, he said he got no sleep before being questioned by Schrum and then said he did get some sleep before that questioning.
Washington also answered questions and then admitted being unable to comprehend them, as in this se- quence: "Did you rape anybody?" "No, sir." "Do you know what it means by the word rape?" "No, sir."
In cross-examination, Bennett asked Washington:
"He was lying, is that it?" "The only thing I understand, I didn't say none of the stuff they said today." "Well, if you didn't say those things, he was lying then, is that the case?" "Well, I guess they was." "Well, is he lying or isn't he lying?" "I get . . . will you repeat that again?" "Was Investigator Schrum, when he came in here and testified that you killed Rebecca Lynn Williams, was he lying or wasn't he lying?"
"He was lying." "Do you know Investigator Schrum? Had you seen him before you talked with him that day?" "Now, who are you saying?" Etc. . . .
Scott declined to re-direct.
The only other defense witness was Washington's sister, Alfreda Pendleton, who regularly did the defendant's laundry and said she did not recognize a shirt the murderer had allegedly left at the crime scene.
Bennett's entire cross-examination of Alfreda Pendleton was this: "Ma'am, you're a sister to the defendant by blood?" "Yes." "You love your brother?" "Sure, I love all my sisters and brothers." "OK . . . you want to do anything you can to help him, don't you?" "Yes, well, also I'm telling the truth." "I didn't say anything about your not telling the truth, but. . . ." "OK, yes." "You brought that up." "Yes." "That's all the questions I have."
Bennett then put Hart and Wilmore back on the stand to restate the importance of the signed confession they had obtained. Scott offered nothing in reply. The jury was sent home to come back and hear closing arguments in the morning.
*****
In his closing argument, Bennett said, "You saw the investigators testify, that if you were to even begin to believe what Mr. Washington would say, you would have to believe that the police in this case, the police in two different counties, had some sort of mass conspiracy to falsely accuse this man for an offense which is a very serious matter. . . ."
Scott's closing argument didn't mesh with his case. He had put Washington on the stand, where he denied making the confession at all. He had not presented any arguments for why Washington would have confessed falsely. But in his closing argument, Scott said:
"Now one of the instructions that you will have with you, of the instructions read to you by the court this morning, has to do with the weight to be given Earl Washington's statement, his confession, and it has to do with whether or not you believe that confession was given freely and willfully and on the basis of that consideration you are entitled, as jurors, to give that statement as much weight or as little weight as you deem appropriate.
"You saw Earl Washington. You heard him. I respectfully submit, and this is argument, that the commonwealth's assertion that Earl Washington claims that a conspiracy took place among law enforcement officers is misplaced. Earl Washington doesn't probably know what a conspiracy is."
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