The defense lawyer had emphasized over and over the fact that alcohol absorption is affected by food in one’s stomach. She paid an expert witness a very large sum of money to explain this to us, the jury. I think everyone in the courtroom was surprised when the defendant’s wife took the stand and stated that they had not had dinner that night, only drinks. Or maybe they had ordered something, but surely not eaten, because they were fighting. So the defendant took the stand. And he said he thought they had eaten, but his wife said they hadn’t. The defense attorney asked him to testify to what he remembered about that night. He said they went to an Italian restaurant, ordered, and maybe he ate, but now he couldn’t remember.

During deliberation one of the jurors, an older man with shock white hair, proclaimed, “Now, I’m Italian, and let me tell you something. Not remembering what you had for dinner? That right there’s the crime.”