A Time to Kill

34

For Day Two the sun rose quickly in the east and in seconds burned the dew off the thick green Bermuda around the Ford County Courthouse. A sticky, invisible fog smoldered from the grass and clung to the heavy boots and bulky pants of the soldiers. The sun baked them as they nonchalantly paced the sidewalks of downtown Clanton. They loitered under shade trees and the canopies of small shops. By the time breakfast was served under the pavilions, the soldiers had stripped to their pale green undershirts and were drenched in sweat.

The black preachers and their followers went directly to their spot and set up camp. They unfolded lawn chairs under oak trees and placed coolers of ice water on card tables. Blue and white FREE CARL LEE placards were tacked on tomato stakes and stuck in the ground like neat fencerows. Agee had printed some new posters with an enlarged black-and-white photo of Carl Lee in the center and a red, white, and blue border. They were slick and professional.

The Klansmen went obediently to their section of the front lawn. They brought their own placards — white backgrounds with bold red letters screaming FRY CARL LEE, FRY CARL LEE. They waved them at the blacks across the lawn, and the two groups started shouting. The soldiers formed neat lines along the sidewalk, and stood armed but casual as obscenities and chants flew over their heads. It was 8:00 A.M. of Day Two.

The reporters were giddy with all the newsworthiness. They rushed to the front lawn when the yelling started. Ozzie and the colonel walked around and around the courthouse, pointing here and there and yelling into their radios.

At nine, Ichabod said good morning to the standing-room-only crowd. Buckley stood slowly and with great animation informed His Honor that he had no further questions for the panel.

Lawyer Brigance rose from his seat with rubber knees and turbulence in his stomach. He walked to the railing and gazed into the anxious eyes of ninety-four prospective jurors.

The crowd listened intently to this young, cocky mouthpiece who had once boasted of never having lost a murder case. He appeared relaxed and confident. His voice was loud, yet warm. His words were educated, yet colloquial. He introduced himself again, and his client, then his client’s family, saving the little girl for last. He complimented the D.A. for such an exhaustive interrogation yesterday afternoon, and confessed that most of his questions had already been asked. He glanced at his notes. His first question was a bombshell.

“Ladies and gentlemen, do any of you believe that the insanity defense should not be used under any circumstances?”

They squirmed a little, but no hands. He caught them off-guard, right off the bat. Insanity! Insanity! The seed had been planted.

“If we prove Carl Lee Hailey was legally insane when he shot Billy Ray Cobb and Pete Willard, is there a person on this panel who cannot find him not guilty?”

The question was hard to follow — intentionally so. There were no hands. A few wanted to respond, but they were not certain of the appropriate response.

Jake eyed them carefully, knowing most of them were confused, but also knowing that for this moment every member of the panel was thinking about his client being insane. That’s where he would leave them.

“Thank you,” he said with all the charm he had ever mustered in his life. “I have nothing further, Your Honor.”

Buckley looked confused. He stared at the judge, who was equally bewildered.

“Is that all?” Noose asked incredulously. “Is that all, Mr. Brigance?”

“Yes, sir, Your Honor, the panel looks fine to me,” Jake said with an air of trust, as opposed to Buckley, who had grilled them for three hours. The panel was anything but acceptable to Jake, but there was no sense repeating the same questions Buckley had asked.

“Very well. Let me see the attorneys in chambers.”

Buckley, Musgrove, Jake, Ellen, and Mr. Pate followed Ichabod through the door behind the bench and sat around the desk in chambers. Noose spoke: “I assume, gentlemen, that you want each juror questioned individually on the death penalty.”

“Yes, sir,” said Jake.

“That’s correct, Your Honor,” said Buckley.

“Very well. Mr. Bailiff, would you bring in juror number one, Carlene Malone.”

Mr. Pate left, walked to the courtroom and yelled for Carlene Malone. Moments later she followed him into chambers. She was terrified. The attorneys smiled but said nothing: Noose’s instructions.

“Please have a seat,” Noose offered as he removed his robe. “This will only take a minute, Mrs. Malone. Do you have any strong feelings one way or the other about the death penalty?” asked Noose.

She shook her head nervously and stared at Ichabod. “Uh, no, sir.”

“You realize that if you’re selected for this jury and Mr. Hailey is convicted, you will be called upon to sentence him to death?”

“Yes, sir.”

“If the State proves beyond a reasonable doubt that the killings were premeditated, and if you believe Mr. Hailey was not legally insane at the time of the killings, could you consider imposing the death penalty?”

“Certainly. I think it should be used all the time. Might stop some of this meanness. I’m all for it.”

Jake continued smiling and nodding politely at juror number one. Buckley smiled too, and winked at Musgrove.

“Thank you, Mrs. Malone. You may return to your seat in the courtroom,” Noose said.

“Bring in number two,” Noose ordered Mr. Pate. Marcia Dickens, an elderly white woman with a hard frown, was led to chambers. Yes, sir, she said, she was very much in favor of the death penalty. Would have no problems voting for it. Jake sat there and smiled.

Buckley winked again. Noose thanked her and called for number three.

Three and four were equally unforgiving, ready to kill if the proof was there. Then number five, Gerald Ault, Jake’s secret weapon, was seated in chambers.

“Thank you, Mr. Ault, this will only take a minute,” Noose repeated. “First of all, do you have strong feelings for or against the death penalty?”

“Oh, yes, sir.” Ault answered eagerly, his voice and face radiating compassion. “I’m very much against it. It’s cruel and unusual. I’m ashamed I live in a society which permits the legal killing of a human being.”

“I see. Could you, under any circumstances, if you were a juror, vote to impose the death penalty?”

“Oh, no, sir. Under no circumstances. Regardless of the crime. No, sir.”

Buckley cleared his throat and somberly announced, “Your Honor, the State would challenge Mr. Ault for cause and move to excuse him under the authority of State versus Witherspoon.”

“Motion sustained. Mr. Ault, you are excused from jury duty,” Noose said. “You may leave the courtroom if you wish. If you choose to remain in the courtroom, I ask that you not sit with the other jurors.”

Ault was puzzled and looked helplessly at his friend Jake, who at the moment was staring at the floor with a tight mouth.

“May I ask why?” Gerald asked.

Noose removed his glasses and became the professor. “Under the law, Mr. Ault, the court is required to excuse any potential juror who admits he or she cannot consider, and the key word is consider, the death penalty. You see, whether you like it or not, the death penalty is a legal method of punishment in Mississippi and in most states. Therefore, it is unfair to select jurors who cannot follow the law.”

The curiosity of the crowd was piqued when Gerald Ault emerged from behind the bench, walked through the small gate in the railing, and left the courtroom. The bailiff fetched number six, Alex Summers, and led him to chambers. He returned moments later and took his seat on the first row. He lied about the death penalty. He opposed it as did most blacks, but he told Noose he had no objections to it. No problem. Later during a recess, he quietly met with other black jurors and explained how the questions in chambers should be answered.

The slow process continued until mid-afternoon, when the last juror left chambers. Eleven had been excused due to reservations about capital punishment. Noose recessed at three-thirty and gave the lawyers until four to review their notes.

In the library on the third floor, Jake and his team stared at the jury lists and notecards. It was time to decide. He had dreamed about names written in blue and red and black with numbers beside them. He had watched them in the courtroom for two full days now. He knew them. Ellen wanted women. Harry Rex wanted men.

Noose stared at his master list, with the jurors renumbered to reflect the dismissals for cause, and looked at his lawyers. “Gentlemen, are you ready? Good. As you know this is a capital case, so each of you has twelve peremptory challenges. Mr. Buckley, you are required to submit a list of twelve jurors to the defense. Please start with juror number one and refer to each juror only by number.”

“Yes sir. Your Honor, the State will accept jurors number one, two, three, four, use our first challenge on number five, accept numbers six, seven, eight, nine, use our second challenge on number ten, accept numbers eleven, twelve, thirteen, use our third challenge on number fourteen, and accept number fifteen. That’s twelve, I believe.”

Jake and Ellen circled and made notes on their lists. Noose methodically recounted. “Yes, that’s twelve. Mr. Brigance.”

Buckley submitted twelve white females. Two blacks and a white male had been stricken.

Jake studied his list and scratched names. “The defense will strike jurors number one, two, three, accept four, six, and seven, strike eight, nine, eleven, twelve, accept thirteen, strike fifteen. I believe that’s eight of our challenges.”

His Honor drew lines and check marks down his list, calculating slowly as he went. “Both of you have accepted jurors number four, six, seven, and thirteen. Mr. Buckley, it’s back to you. Give us eight more jurors.”

“The State will accept sixteen, use our fourth challenge on seventeen, accept eighteen, nineteen, twenty, strike twenty-one, accept twenty-two, strike twenty-three, accept twenty-four, strike twenty-five and twenty-six, and accept twenty-seven and twenty-eight. That’s twelve with four challenges remaining.”

Jake was flabbergasted. Buckley had again stricken all the blacks and all the men. He was reading Jake’s mind.

“Mr. Brigance, it’s back to you.”

“May we have a moment to confer, Your Honor?”

“Five minutes,” Noose replied.

Jake and his clerk stepped next door to the coffee room, where Harry Rex was waiting. “Look at this,” Jake said as he laid the list on a table and the three huddled around it. “We’re down to twenty-nine. I’ve got four challenges left and so does Buckley. He’s struck every black and every male. It’s an all-white female jury right now. The next two are white females, thirty-one is Clyde Sisco, and thirty-two is Barry Acker.”

“Then four of the next six are black,” Ellen said.

“Yeah, but Buckley won’t take it that far. In fact, I’m surprised he’s let us get this close to the fourth row.”

“I know you want Acker. What about Sisco?” asked Harry Rex.

“I’m afraid of him. Lucien said he’s a crook who could be bought.”

“Great! Let’s get him, then go buy him.”

“Very funny. How do you know Buckley hasn’t already bought him?”

“I’d take him.”

Jake studied the list, counting and recounting. Ellen wanted to strike both men — Acker and Sisco.

They returned to chambers and sat down. The court reporter was ready. “Your Honor, we will strike number twenty-two and number twenty-eight, with two challenges remaining.”

“Back to you, Mr. Buckley. Twenty-nine and thirty.”

“The State will take them both. That’s twelve with four challenges left.”

“Back to you, Mr. Brigance.”

“We will strike twenty-nine and thirty.”

“And you’re out of challenges, correct?” Noose asked.

“Correct.”

“Very well. Mr. Buckley, thirty-one and thirty-two.”

“The State will take them both,” Buckley said quickly, looking at the names of the blacks coming after Clyde Sisco.

“Good. That’s twelve. Let’s select two alternates. You will both have two challenges for the alternates. Mr. Buckley, thirty-three and thirty-four.”

Juror thirty-three was a black male. Thirty-four was a white female Jake wanted. The next two were black males.

“We’ll strike thirty-three, accept thirty-four and thirty-five.”

“The defense will accept both,” Jake said.

Mr. Pate brought the courtroom to order as Noose and the lawyers took their places. His Honor called the names of the twelve and they slowly, nervously made their way to the jury box, where they were seated in order by Jean Gillespie. Ten women, two men, all white. The blacks in the courtroom mumbled and eyed each other in disbelief.

“Did you pick that jury?” Carl Lee whispered to Jake.

“I’ll explain later,” Jake said.

The two alternates were called and seated next to the jury box.

“What’s the black dude for?” Carl Lee whispered, nodding at the alternate.

“I’ll explain later,” Jake said.

Noose cleared his throat and looked down at his new jury. “Ladies and gentlemen, you have been carefully selected to serve as jurors in this case. You have been sworn to fairly try all issues presented before you and to follow the law as I instruct. Now, according to Mississippi law, you will be sequestered until this trial is over. This means you will be housed in a motel and will not be allowed to return home until it’s over. I realize this is an extreme hardship, but it’s one the law requires. In just a few moments we will recess until in the morning, and you will be given the chance to call home and order your clothes, toiletries, and whatever else you need. Each night you will stay in a motel at an undisclosed location outside of Clanton. Any questions?”

The twelve appeared dazed, bewildered by the thought of not going home for several days. They thought of families, kids, jobs, laundry. Why them? Out of all those people in the courtroom, why them?

With no response, Noose banged his gavel and the courtroom began to empty. Jean Gillespie escorted the first juror to the judge’s chambers, where she called home and ordered clothes and a toothbrush.

“Where are we going?” she asked Jean.

“It’s confidential,” Jean said.

“It’s confidential,” she repeated over the phone to her husband.

By seven, the families had responded with a wild assortment of luggage and boxes. The chosen ones loaded a chartered Greyhound bus outside the rear door. Preceded by two patrol cars and an army jeep and followed by three state troopers, the bus circled the square and left Clanton.

Stump Sisson died Tuesday night at the burn hospital in Memphis. His short, fat body had been neglected over the years and proved itself deficient in resisting the complications bred by the serious burns. His death brought to four the number of fatalities related to the rape of Tonya Hailey. Cobb, Willard, Bud Twitty, and now Sisson.

Immediately, word of his death reached the cabin deep in the woods where the patriots met, ate, and drank each night after the trial. Revenge, they vowed, an eye for an eye and so on. There were new recruits from Ford County — five in all — making a total of eleven local boys. They were eager and hungry, and wanted some action.

The trial had been too quiet so far. It was time for excitement.

Jake paced in front of the couch and delivered his opening statement for the hundredth time. Ellen listened intently. She had listened, interrupted, objected, criticized, and argued for two hours. She was tired now. He had it perfect. The margaritas had calmed him and plated his tongue silver. The words flowed smoothly. He was gifted. Especially after a drink or two.

When he finished they sat on the balcony and watched the candles inch slowly in the darkness around the square. The laughter from the poker games under the pavilions echoed softly through the night. There was no moon.

Ellen left for the final round of drinks. She returned with her same beer mugs filled with ice and margaritas. She sat them on the table and stood behind her boss. She placed her hands on his shoulders and began rubbing the lower part of his neck with her thumbs. He relaxed and moved his head from side to side. She massaged his shoulders and upper back, and pressed her body against his.

“Ellen, it’s ten-thirty, and I’m sleepy. Where are you staying tonight?”

“Where do you think I should stay?”

“I think you should stay at your apartment at Ole Miss.”

“I’m too drunk to drive.”

“Nesbit will drive you.”

“Where, may I ask, are you staying?”

“At the house my wife and I own on Adams Street.”

She stopped rubbing and grabbed her drink. Jake stood and leaned over the rail and yelled at Nesbit. “Nesbit! Wake up! You’re driving to Oxford!”