A Time for Mercy

35

For lunch Friday, Jake managed to choke down a bowl of mushy pea soup. Chewing was still uncomfortable and solid foods were out of the question. Afterward, Carla and Hanna left to spend the afternoon shopping and doing girl stuff, and as soon as they disappeared Jake called Portia and asked her to stop by. Immediately. She arrived forty-five minutes later and, once over the shock of his battered face, followed him to the dining room where they spread out a stack of files she had brought. They covered his current cases and upcoming court appearances and made plans to deal with his brief absence.

“Anything new?” he asked, almost afraid of her answer.

“Not really, boss. The phone’s been ringing but it’s primarily friends and old law school buddies checking on you. You have some nice friends, Jake. A lot of them want to drive over and say hello.”

“Not now. They can wait. Most of them just want to see how bad I got my butt kicked.”

“Pretty bad, I’d say.”

“Yes, it wasn’t much of a fight.”

“And you’re not pressing charges?”

“No. That decision has been made.”

“Why not? I mean, I’ve talked to Lucien and Harry Rex, at length, and we agree that you should go after these thugs, teach ’em a lesson.”

“Look, Portia, that decision is behind me. I don’t have the mental or physical energy to pursue Cecil Kofer right now. Have you been to the jail?”

“No, not this week.”

“I’d like for you to stop by every other day and spend an hour with Drew. He likes you and needs a friend. Don’t talk about the case, just play cards and games with him and encourage him to do his homework. Carla says he’s studying more.”

“Will do. When are you coming back to the office?”

“Real soon, I hope. My nurse is a Nazi and my doctor’s a hard-ass, but I think he’ll release me next week when he takes out the stitches. I had a long chat with Noose yesterday and he’s pushing me to make a decision on insanity. I’m inclined to notify him and Dyer that we plan to go with M’Naghten and argue our client did not appreciate the nature of his actions. Your thoughts?”

“That’s been the plan all along, right?”

“Sort of. One problem, however, is money for an expert. I talked to that guy in New Orleans this morning and really like him. He’s testified a lot and knows his stuff. His fee is fifteen thousand dollars and I said no way. This is an indigent case and the county will not pay that much for a defense expert. So it comes out of my pocket up front and I doubt if I’ll get reimbursed for all of it. He said he would do it for ten. Still too much. I thanked him and said we’ll think about it.”

“What about Libby Provine? I thought KAF was trying to find some money.”

“She is and she knows a lot of doctors. I’m leaning on her. Noose asked about a continuance, said we could have more time if needed, said Dyer would not object. I said no thanks.”

“Because of Kiera?”

“Because of Kiera. She’ll be seven-and-a-half months along by August the sixth and I want her pregnant when she takes the stand.”

Portia tossed a legal pad on the table and shook her head. “I gotta tell you, Jake, I don’t like this. It doesn’t seem fair to hide the fact that she’s pregnant. Don’t you think Judge Noose will throw a fit when he, along with everybody else, realizes that she’s pregnant and Kofer is the daddy?”

“She’s not my client. Drew is. If the State calls her, then she’s their witness.”

“You keep saying that, but Dyer will howl and the entire courtroom might blow up. Think about the Kofers and their reaction to the fact that their son left behind a child they knew nothing about.”

“Oddly enough, I don’t care about the Kofers right now, and I don’t care if Noose has a fit and Dyer has a stroke. Think about the jurors, Portia. Nothing matters but the jurors. How many of them will be shocked and angry when the truth comes out?”

“All twelve.”

“Maybe. I doubt we’ll get all twelve, but three or four will be enough. A hung jury will be a victory.”

“Is it about winning, Jake, or is it about truth and justice?”

“What is justice in this case, Portia? You’re about to go off to law school where you’ll spend the next three years being told that trials should be about truth and justice. And they should be. But you’re also old enough to serve on a jury. What would you do with this kid?”

She considered this for a moment and said, “I don’t know. I think about it all the time and I swear I don’t have the answer. That boy did what he thought was right. He thought his mother was dead and—”

“And he thought they were still in danger. He thought Kofer might get up and continue with his rampage. Hell, he’d beaten them and threatened to kill them before. Drew figured he was drunk but he didn’t know Kofer was so saturated with booze that he was in a coma. At that moment, Drew believed he was protecting his sister and himself.”

“So it was justified?”

Jake tried to smile. He pointed at her and said, “Exactly. Forget insanity. It was justifiable homicide.”

“Then why go through the motions of a M’Naghten hearing?”

“We won’t. I’ll ask for one and make Dyer do some work. They’ll send Drew to Whitfield to be examined by their doctors and they’ll find one who’ll testify that the kid knew exactly what he was doing. Then, before the hearing I’ll withdraw the motion. Just mess with them a little.”

“This is a game?”

“No, it’s a chess match, but one where the rules are not always binding.”

“I think I like it. I’m not sure a jury will buy into the idea that a sixteen-year-old kid was insane. I know that insanity is not a medical diagnosis and all that, and I know that kids can have all sorts of mental problems, but it just doesn’t sound right to claim that a teenaged boy was insane.”

“Well, that’s good to hear. I might change my mind tomorrow. I’m on pain pills and not always thinking that clearly. Let’s finish up these files and get you out of here before my nurse gets back. I’m not supposed to be working and if she catches us she’ll cut off my ice cream. How much money is in the bank?”

“Not much. A little less than two thousand bucks.”

Jake shifted and grimaced and fought a wave of pain in his ribs and groin.

“You okay, boss?”

“Great. When I talked to Noose yesterday he said he’d assign me some new court appointments in all five counties. Not much in the way of fees, but at least they’ll bring in a few bucks.”

“Look, Jake, I want you to forget about paying me for now. I’m living at home and I can afford a little furlough.”

He grimaced again, shifted his weight. “Thank you, Portia, but I’ll make sure you get paid. You need all the money you can earn for law school.”

“We can afford law school, Jake, thanks to you and old man Hubbard. My mom is set and she’s forever grateful to you for that.”

“Nonsense, Portia. You’re doing great work and you’ll get paid.”

“Lucien said to forget the rent for a few months.”

Jake tried to smile and tried to laugh. He looked at the ceiling and tried to shake his head. “After the Hailey trial, for which I was paid the fat fee of nine hundred dollars, I was as broke as I am now, and Lucien told me to forget about the rent for a few months.”

“He’s worried about you, Jake. He told me that in his prime he was the most hated lawyer in Mississippi, got death threats, had few friends, judges despised him, lawyers avoided him, and he loved it, relished being the radical lawyer, but he never got beat up.”

“My first and last, I hope. I’ve talked to Lucien and I know he’s concerned. We’re gonna survive, Portia. You bust your butt till the trial is over, then you’re off to law school.”

Jake was waddling around the patio late Friday afternoon, in an old T-shirt and a pair of baggy gym shorts, barefoot, trying his best to stay mobile and active and stretch his legs, as per the physical therapist, when he heard a car door slam in the front drive. His first impulse was to hustle back inside so no one would see him. He was almost to the door when a familiar voice said, “Hey, Jake.”

Carl Lee Hailey appeared from around the hedge and said, “Hey, Jake. It’s me, Carl Lee.”

Jake tried to smile and said, “What’re you doing here?”

They shook hands and Carl Lee said, “Just checkin’ on you.”

Jake waved at the wicker table and said, “Have a seat.” They settled into chairs and Carl Lee said, “You look awful.”

“Yes, I do, but at least I look worse than I feel. An old-fashioned ass-kicking.”

“That’s what I hear. You gonna be okay?”

“Sure, Carl Lee, already on the mend. What brings you into town?”

“I heard the news and I’m worried about you.”

Jake was touched and wasn’t sure what to say. So many friends had called and sent flowers and cakes and wanted to stop by, but he had not expected to hear from Carl Lee.

“I’ll be fine, Carl Lee. Thanks for being concerned.”

“Is Carla here?”

“She’s inside, with Hanna. Why?”

“Say, look, Jake, I’ll get right to it. When I heard about this I got really upset, still am, ain’t slept much this week.”

“That makes two of us.”

“Rumor is you know who did it but you ain’t gonna press charges. That right?”

“Come on, Carl Lee. We’re not going there.”

“Here’s the deal, Jake. I owe you my life and I’ve never been able to do much in the way of sayin’ thanks. But this really pisses me off. I got some friends, and we can even things out.”

Jake was shaking his head. He remembered the many hours he’d spent with Carl Lee in jail as his trial approached, and the awe and intimidation he’d felt at being in the presence of a man capable of such raw violence. Carl Lee had shot and killed the two rednecks who’d raped his daughter, then walked through their blood and drove home to wait for Ozzie to come get him. Fifteen years earlier he’d been decorated in Vietnam.

“It’s not going to happen, Carl Lee. The last thing we need is more violence.”

“Jake, I won’t get caught and I swear I won’t kill anybody. We’ll just give the dude a little of his own medicine, make sure it don’t happen again.”

“It’s not going to happen again, Carl Lee, and you’re not getting involved. Believe me, it would only complicate matters.”

“Give me his name and he’ll never know what hit him.”

“No, Carl Lee. The answer is no.”

Carl Lee clenched his jaws, nodded his disapproval, and was about to press on when Carla opened the door and said hello.

On Sunday, the old Mazda with a rebuilt transmission parked in the lot beside the jail and Josie got out. As bad as Kiera wanted to see her brother, she knew she could not go inside. She rolled down the windows and stuck her nose in a paperback Mrs. Golden had given her two days earlier.

Josie checked in at the desk where Mr. Zack welcomed her back. She followed him down the hall and he unlocked the door to Drew’s cell. She stepped inside and he locked the door behind her. The defendant was sitting at his small table, his textbooks stacked neatly in the center of it. He jumped to his feet and hugged his mother. They sat down, and Josie opened a paper bag and pulled out a bag of cookies and a soft drink.

“Where’s Kiera?” he asked.

“Outside, in the car. She can’t come in anymore.”

“Because she’s pregnant?”

“That’s right. Jake doesn’t want anyone to know.”

He popped the top and chewed on a cookie. “I can’t believe she’s gonna have a baby, Mom. She’s only fourteen.”

“I know. I had you when I was sixteen and that was way too young, believe me.”

“What’ll happen to the baby?”

“We’re putting him up for adoption. Some nice couple will get a beautiful little baby boy and he’ll be raised in a fine home.”

“Lucky him.”

“Yes, lucky him. It’s about time somebody in this family caught a lucky break.”

“He’s not really part of the family, is he, Mom?”

“I guess not. It’s best if we just forget about him. Kiera will heal up nicely, be as good as new, and start school over in Oxford. No one there will ever know she had a baby.”

“Will I ever get to see him?”

“I don’t think so. Jake knows a lot about adoptions and he thinks it’s best if we never see the baby, says it only complicates things.”

He took a sip and thought about this. “You want a cookie?”

“No thanks.”

“You know, Mom, I’m not sure I want to see that kid. What if he looks like Stuart?”

“He won’t. He’ll be as beautiful as Kiera.”

Another sip, another long pause. “You know, Mom, I’m still not sorry I shot him.”

“Well, I’m certainly sorry you did. Otherwise you wouldn’t be in here.”

“And otherwise we might all be dead.”

“I want to ask you a question, Drew, one that’s been on my mind for a long time. Jake wants to know the answer too but he hasn’t asked you, not yet anyway. Kiera says you did not know that Stuart was raping her. Is that true?”

He shook his head and said, “I didn’t know. She didn’t tell anybody. Lookin’ back, I think Stuart waited until there was nobody else around the house. If I had known I’d’ve shot him sooner.”

“Don’t say that.”

“It’s true, Mom. Somebody had to protect us. Stuart was gonna kill all of us. Hell, I thought you were dead that night, and I guess I just went crazy. I didn’t have a choice, Mom.” His lip quivered and his eyes watered.

Josie began wiping her eyes as she looked at her pitiful little son. What a tragedy, what a mess, what a screwed-up life she had led her children into. She carried the burdens of a hundred bad decisions and ached with the guilt of being such a rotten mother.

He finally said, “Don’t cry, Mom. I’ll get out of here one day and we’ll be together again, just the three of us.”

“I hope so, Drew. I pray every day for a miracle.”