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BOOK 10 OF THE TOP-RATED LEGAL THRILLER SERIES
“I couldn’t help myself.”
Hot blood. Uncontrollable impulse. Temporary insanity. Different names for the same idea: Sometimes, you just lose it.
Who can honestly say they’ve never done something they later regretted? Certainly not Dave Brunelle, homicide prosecutor and all too fallible human being. But not all bad decisions are made equal. When Brunelle finds himself standing over the remains of a murdered homeless man, his head stomped into a train rail, he vows to hold the killer responsible.
But the killer claims mental illness, arguing the legal doctrine of “diminished capacity” to assert he had no legal intent to kill the victim. And Brunelle’s own mental capacity will be tested by an old flame and the ghosts of his own bad decisions. Can Brunelle keep his head together long enough to convince the jury that sometimes, no matter why the killer did it, murder is still murder?

255 pages, Kindle Edition

Published December 14, 2018

876 people are currently reading
80 people want to read

About the author

Stephen Penner

62 books159 followers
Stephen Penner is an author, artist, and attorney from Seattle, Washington. He has written more than 30 novels and specializes in courtroom thrillers known for their unexpected twists and candid portrayal of the justice system. He draws on his extensive experience as a criminal trial attorney to infuse his writing with realism and insight.

Stephen is the author of several top-rated legal thriller series. The DAVID BRUNELLE LEGAL THRILLERS feature Seattle homicide D.A. David Brunelle and a recurring cast of cops, defense attorneys, and forensic experts. The TALON WINTER LEGAL THRILLERS showcase tough-as-nails Tacoma criminal defense attorney Talon Winter and her closest allies. And the RAIN CITY LEGAL THRILLERS deliver the adventures of attorney Daniel Raine and his unlikely partner Rebecca Sommers. Stephen is also the author of the MAGGIE DEVEREAUX PARANORMAL MYSTERIES, recounting the exploits of an American graduate student in the magical Highlands of Scotland, and several other stand-alone works.

In his spare time, Stephen enjoys painting, drawing, and spending time with his family. For more information, visit his website www.stephenpenner.com.

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5 stars
971 (55%)
4 stars
590 (33%)
3 stars
139 (7%)
2 stars
28 (1%)
1 star
13 (<1%)
Displaying 1 - 30 of 34 reviews
5 reviews
August 7, 2019
I've read all the Brunelle series books and enjoyed most of them. This one was no different, for the most part, until the ending. I was on a solid 4 rating until the ending.

For me, the ending fell off the cliff as anti-climatic and abrupt. I anticipated a big event/twist either in the courtroom or after the court decision ... didn't happen. Left a lot on table with no closure on the people side.

For example, in a real courtroom, the attorneys can interview jury members after a verdict is rendered and get a sense on what was the persuader or faults during the trial. I think it would have been helpful to somehow introduce why the jury rendered that particular verdict. Also, there was no more interaction with the defense attorney, after quite a bit of interaction throughout the earlier part of the book ... no more insights on her real feelings about the defendant (left to believe she told the truth to David throughout the story). Spoiler alert: Should there have been something about sentencing too, since there was such a big thing about I.E.D. in the story-line? Did the judge render a sentence or the jury render it?

I guess the ending is what it is, but this one really disappointed me. I feel that sometimes reading Lee Child's Jack Reacher novels where the end comes suddenly, not enough character or plot closure and Reacher is off waving his thumb to hitch another ride (after saving a city or something, ha-ha).
Profile Image for Gregg Hutchings.
76 reviews4 followers
November 8, 2022
soo many errors

I don’t get the sloppy final editing of this book. Great story line but countless and repeating errors on simple things like end quotes
Profile Image for Angela.
8,695 reviews122 followers
November 2, 2025
3.5 Stars

Diminished Capacity is the tenth instalment in the David Brunelle Legal Thriller Series. And so the book binge began ... this series turned out to be a gripping and masterfully crafted collection of legal dramas set against the backdrop of Seattle’s criminal justice system. The series follows David Brunelle, a dedicated and sharp prosecutor, as he navigates the complexities of law, morality, and justice.
What makes this series stand out is the balance between intense courtroom drama with deeply human stories. David Brunelle is an intriguing character - intelligent, principled, and yet flawed in ways that make him even more relatable. Mr. Penner’s writing easily brings the legal world to life with authenticity, offering a fascinating glimpse into the challenges prosecutors face, from gathering evidence to battling wily defense attorneys.
Each book in the series presents a unique and thought-provoking case, often delving into some morally ambiguous territory. The plots are tightly woven, with twists that are both surprising and satisfying. Mr. Penner’s ability to build the tension and suspense is noteworthy, as is his knack for creating vivid, multidimensional characters – both the heroes and villains.
So, whether you’re a fan of legal thrillers, crime fiction, or simply enjoy a well-told story, then the David Brunelle series delivers on all fronts.
Happy Reading…
450 reviews4 followers
May 4, 2024
I love these David Burnelle series and I recommend reading it

Very well written. And thank for giving Dave a healthy relationship. When Casey was introduced in I think book 8, I thought then, she and Dave would make a great couple. So, yeah, I’m glad that author put them together. I always thought Dave was just misunderstood and naive and gullible when it came to relationships. Casey understands him and she never belittle him. She always tries to uplift his feelings and spirit. I’m glad Dave has a good friendship with Carlisle, he needs someone in his life to keep him on his toes. Casey and Carlisle keep Dave balance. This book was a little complicated for me with all the psychology stuff. I was conflicted about Justin behavior. I could see him really having a disorder.
98 reviews1 follower
February 24, 2019
I could not finish this book. I made it to the pre-trial but found I had a "diminished capacity" to swallow the shallow, main character whose capacity is so diminished by his stage four horniness for opposing counsel. He takes precautions against lapses in judgement by appointing a gorgeous, but safely lesbian second chair, and...."uncle" I give up. Continued chapters light on the law and heavy on the sexual teasing were too daunting. Thank God these are free in Kindle Unlimited.
Profile Image for Ann.
1,117 reviews19 followers
May 27, 2020
A trial of a murder of a homeless man by a young man whose family had lots of money. But was it intentional or because of a mental illness. As it tells the story it gives lots of information about how court cases are dealt with. Information on how they decide if a person is compete to stand trial. It runs a thin line to how its dealt with.. It all started out with the man yelling "get a job" to the homeless man. So what do you think the jury decided at the murders trial.
2,547 reviews
March 9, 2023
free ebook

a man and his friend were walking and came across a homeless man. he told the man to 'get a job' and the man called him a 'pussy' and that started the fight. but the man was out of control and killed the homeless man

his friend called the police, he was afraid he would get in trouble if he didnt

they arrested the man who killed the homeless man, but the lawyer said he was innocent as he had a mental illness that let him lose control

they had a trial and he was found guilty
This entire review has been hidden because of spoilers.
Profile Image for Cherie Melbourne.
1,384 reviews15 followers
June 7, 2025
Diminished Capacity

This story made me feel sorry for Dave, he was getting a raw deal, but, he was easily set up, his own silly fault, but I still felt sorry for him. His new love interest is good for him and does a good job of pointing him in the right direction.
Another good paced interesting story.
31 reviews
June 29, 2025
Brunelle's errors in judgement

I always love Penner's books with David Brunelle as a brilliant lawyer. This book is showing a different side of him. Not giving anything away in the book, there is a large part that has Dave as a "dumbed down" guy with out sense. It was hard to get through the book this time but I'm ready for Penner's next book.
Profile Image for Donald.
Author 124 books10 followers
July 13, 2019
This novel described an interesting courtroom drama. I especially appreciated that the facts weren't over the top. The description of the crime, arrest and courtroom trial were well done without involving impossible scenarios.
Profile Image for Vicki.
104 reviews2 followers
Read
June 8, 2020
A duck by any name is still a duck!

I enjoy his cases that are related to psychological disorders. They have passages of explanations of the why's a person may behave the way they do! The
13 reviews
November 8, 2022
Gratuitous Sex

I've enjoyed reading until this book. However, the gratuitous, unrealistic sex theme becomes tiring after a few reads. I suppose it's a stab at continuity in the series.
6 reviews
January 31, 2024
Another excellent legal thriller

A story with an unusual twist in that the defendant claims insanity as a defense.Excellent review of the science or not of the legal definition of insanity.
30 reviews
March 11, 2024
Does Psychology Meet Any Scientific Standards?

I guess that is the true question here. So many findings in psychology are in constant flux. Its not as certain as say Pythagorean 3 4 5 triangle.
Profile Image for Tiffany Smith-Edmonds.
62 reviews1 follower
March 22, 2024
I Could Go For That

Though I disliked the constant personal bickering between the lawyers, I liked the way that the author moved the story along toward the end that suited the theme.
30 reviews
Read
April 25, 2024
I was involved completely.

When you tell a story of crime and victims and suspects, you want to weave a viable, believable story. Putting a spin on crime can be difficult, but this story had me reading!!.
999 reviews23 followers
January 26, 2025
Diminished capacity

Good description of the psychology profession and the way it has evolved and can be misconstrued to be more it is. Very good use of the narrow edge the psychology of today has created vs the 10 commandments way of personal responsibility.
66 reviews
August 31, 2025
Another great tale

You weren't really sure what the final verdict would be but they kept it to the end
Penner has his attorneys give long detailed responses in their closings so it keeps you guessing how things will turn out. Read & find out
Profile Image for Susan.
160 reviews2 followers
June 7, 2019
Two

I didn't like the lawyer David, or his style. Story was good but Won't read anymore,about him. , too much medical stuff for reader, I skipped a lot
1,116 reviews23 followers
January 4, 2020
I love legal thrillers and this one was very good. There was good interaction between the characters and the plot was very well thought out. I enjoyed the courtroom drama.
Profile Image for Pat.
27 reviews
November 1, 2022
Good read

Love the way Burwell grows as a person in the series. Characters are all well developed. On to book #11.
30 reviews
February 17, 2023
Nice get-away.

Enjoyed getting into the world of a prosecutor after reading a series regarding a defense attorney. Lookng forward to the next one.
151 reviews
March 21, 2024
Capacity

Dave just can't stay out of trouble . interesting concept kind of slow at times but it will keep you looking for more with a good ending.
179 reviews3 followers
June 10, 2024
always love legal thrillers

Dave brunelle didn’t disappoint another legal battle with a woman defense attorney. A little flirty a little scary and lots of legalese. Good story
82 reviews3 followers
September 30, 2024
I've Loved everyone of these in the series.

This is the 10th one I've read in the series and I absolutely loved it. A great read and great courtroom work.
6 reviews
October 19, 2024
justice

held my attention all the way through...might be good if the district attorney took some classes about mental illness as he sometimes appears clueless!
81 reviews
February 23, 2025
Book 10

Enjoyed it was another great book and certainly an eye opener once again about the law, laws and how it plays out.
57 reviews
March 2, 2025
boring

A lot of legal attorney gobbly gup. The part Mr Penner excels in is his interpersonal interactions. this interaction is not as well put forth as in his other books
Displaying 1 - 30 of 34 reviews

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