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Claus von Bülow listens to
testimony (Michael Grecco/ICON) |
During his closing argument, Fahringer worked strenuously to
instill reasonable doubt. It was more likely, he argued, that Sunny
had injected herself with insulin. She didn’t seem very curious
about why she had fallen into the first coma, he suggested, because
she knew why it happened. He also asked the jury why Alexander would
go out drinking when his mother was exhibiting the same signs she had
before her first coma. Was it because that was an all-too-familiar
scene? And just when did Claus have time to inject Sunny that last
night together? The family had eaten together, gone to the movies
together and then Sunny and the children had been in each other’s
presence most of the evening. The only possible time for an injection
was when she went into her private bathroom…
The defense had presented reliable witnesses who showed Claus
wanted to work and support himself. He wasn’t just interested in
Sunny’s money and had no reason to want her dead. And remember, he
urged the jury, several medical experts had said the comas could have
been caused by any number of conditions.
During the prosecution closing, Famiglietti pointed out that the
children had no reason to falsely accuse a man they once loved. They
didn’t need Claus out of the will because there was more than enough
money to go around. He noted that Maria had been the first one
involved. If anyone had saved Sunny’s life during that first coma,
it was Maria, not Claus, as Dr. Gailitis had suggested. And no one had
come forward to testify that Sunny had any kind of substance abuse
problem, as Claus had suggested.
The prosecutor lambasted his opponents’ case. The defense was
offering multiple-choice scenarios: eggnog-induced hypoglycemia, a
suicide attempt, or perhaps a botched weight-loss scheme. Maybe,
Famiglietti laughed, it was a meteorite from outer space, Or maybe
Claus Von Bülow had wanted his wife dead. “Mr. Von Bülow is not
the first person charged with trying to kill his wife,” he said.
“Don’t be naive, it happens in all levels of society.”
After 12 hours of deliberation, while media and onlookers
speculated, the jurors asked to rehear some of Maria’s testimony.
“If the prosecution had chosen an excerpt from their case for
reprise at the finale, they could not have asked for anything more
damaging to the defendant,” Wright wrote of the request.
It took another four days for the jury to reach a verdict. Shortly
before 11 a.m. on March 16, 1982, they pronounced Claus von Bülow
guilty on both counts of attempted murder. The defendant’s only
visible reaction was a slight tensing of his jaw and a pause as he
tapped his fingers together. When he phoned Cosima with the news,
however, he reportedly broke down.
Only briefly did the prosecution ask to have Claus remanded to
custody pending sentencing, but Needham agreed to continue the
$100,000 bail until the hearing on a motion for a new trial.
It had been a bad few months for Herald Fahringer. He had not only
lost the Jean Harris appeal, he had blown the von Bülow case as well.
But Fahringer wasn’t finished. In the days between the conviction
and the hearing for a new trial, he took his case to the court of
public opinion, making appearances on early morning news shows and
arranging for Barbara Walters to interview Claus. Famiglietti and the
prosecution team, however, were prohibited by department rules from
commenting on the outcome publicly.
On April 2, 1982, Needham denied von Bülow’s request for a new
trial, saying Von Bülow’s defense witnesses were without
credibility. The judge then raised von Bülow’s bail from $100,000
to $500,000, and Claus posted the requisite 10 percent cash
immediately.
A little more than a month later, Needham listened to arguments
from Famiglietti and Fahringer regarding sentencing. Von Bülow
declined the opportunity to comment on his own behalf, but the judge
had plenty of his own to say. Needham said he held “no respect for
von Bülow,” a remark which would later cause him to be censured by
the Rhode Island Supreme Court. He then sentenced Claus to 10 years in
prison on the first count, because Sunny had recovered. For the
irreversible coma, he sentenced von Bülow to 20 years, but allowed
him to remain free on $1 million bond pending the appeal.
“This trial of Claus von Bülow is over and the trial of justice
is about to begin,” Needham said.
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