was how she was connected to all the patients.â He told the jury that one of the witnesses had claimed that Saenz injected 20cc of bleach, but that wasnât trueâthe witness never said how much bleach was in the syringe. What sheâd actually said was that Saenz had used two syringes.
Deaton reminded the jury of how another witness had changed her testimony. In fact, he told the jury, she had been told how to testify in the trial. He left out how sheâd testified that the instructions sheâd received had been simply to tell the truth.
The more Deaton spoke, the redder Herringtonâs face got and the madder he became.
Still Deaton wasnât done. He told the jury that the doctor overseeing the DaVita clinic hadnât cared enough about his patients to make them go to the hospital after it was reported that two patients had been injected with bleach. Deaton played his sympathy cardâpointing out that his client was a daughter, wife, and the mother of two children. He told the jury about how the police had unfairly snatched Saenz from her trailer home, took her to the police station, and grilled her.
When Deaton finished, so did Herringtonâs calm demeanor. He shot out of his seat like someone had hit his rear with a cattle prod. His first words set the tone for the remainder of his closing: âThat has to be the biggest case of misrepresented facts I have ever heard in my life!â
Indeed, Deatonâs spin had been so egregious that Kristine Bailey, the first alternate on the jury, later said sheâd âwanted to stand up and cheerâ when Herrington took issue with Deatonâs untruths. She wasnât alone. Quite a few people who had followed all of the trial agreed with her assessment.
The more the angered Herrington spoke, the lower Deaton slumped in his seat. This was also noted by the jury. âOne thing I noticed when Clyde got up and started talking, I noticed Ryan just kept going farther and farther down in his chairâyou know, that kind of stuck,â said jury member Willie Wigley. âNot so much what Clyde was saying, but Ryanâs reaction to it.â
As Herrington talked, his seething anger turned into raw emotion, and the court saw another side to him, one that had not previously shown itself. It was obvious to all that the DA believed with every fiber of his body that Kimberly Saenz was guilty, and he wanted her to pay for what sheâd taken away from the families of the victims. With tears running down his face and his voice trembling, Herrington said something else that stuck with jurors and spectators alike, something that spoke directly to the question of motive. âWhy do mothers scald their babies? You donât need to know what evil is to recognize it.â In other words, even if everyone knew all the reasons why Saenz had killed and injured the patients, theyâd never understand them.
When Herrington finished and sat, emotionally spent, not a single person in the courtroom breathedânot even the judge. Many attempted to choke back their own emotions. It was like a giant vacuum had sucked all the air out of the packed room. Moments passed before the judge was finally able to speak.
Many who were in the courtroom that day, including other local attorneys whoâd shown up just to watch the finish, said that Herringtonâs closing was one of the greatest theyâd ever heard. Five days later,
The
Lufkin News
, in their âToast and Roastâ editorial, toasted Clyde Herrington âfor his impassioned plea to the jury just before it retired to deliberate its verdict.â The article observed that â[y]ou could tell as he choked up that he was determined to get justice for the victimsâ families, and not just because it was his last big case as district attorney.â
The newspaper then âroastedâ defense attorney Ryan Deaton for his âin-your-face closing arguments on