Джон Гришэм - A Time for Mercy

“It was not!”

“We heard what you said about the girl,” Joey said.

“So what? You want the job, hell, you be the foreman, but I’m not voting for you.”

“And I’m not voting for you!” Joey yelled. “You shouldn’t even be on the jury.”

The two bailiffs tending to the jury stood just outside the door and looked at each other. The loud voices were easily heard and seemed to be getting louder. They opened the door, stepped quickly inside, and things were instantly silent.

“Can we get you anything?” one bailiff asked.

“No, we’re fine,” Carpenter said.

“So you can speak for all of us?” Joey asked. “Just like that. You’re our self-appointed spokesman. Sir, I’d like some coffee.”

“Sure,” said a bailiff. “Anything else?”

Carpenter glared at Joey with hatred. They ate in silence as coffee was served. When the bailiffs left, Regina Elmore, juror number six, a thirty-eight-year-old housewife from Chester, said, “Okay, this appears to be just another boy fight. I’ll be happy to serve as foreman if that will settle things down.”

Joey said, “Good. You have my vote. Let’s make it unanimous.”

Carpenter shrugged and said, “Whatever.”

One bailiff stood by the door while the other reported to Judge Noose.

—

AN HOUR LATER they were yelling again. An angry male voice said, “I’ll kick your ass when this is over!” Another responded, “Why wait? Just do it now!”

The bailiffs knocked loudly as they entered and found John Carpenter standing on one side of the table being restrained by two men. On the other side Joey Kepner was standing, red-faced and braced for hand-to-hand combat. They relaxed somewhat and stood down.

The tension was so thick in the room that the bailiffs were eager to leave. They reported again to Judge Noose.

—

AT 2:00 P.M. the lawyers and spectators gathered again. The defendant was brought in. A bailiff whispered to Jake and Lowell that the judge wanted to see them in chambers, just the two of them.

Noose was at his conference table, without his robe, and smoking a pipe. He looked troubled as he waved the lawyers in and gestured at their seats. His first words were music to Jake’s ears.

“Gentlemen, it appears as though the jury is at war. The bailiffs have had to break up two fights in the first three hours. I’m afraid this does not bode well for the trial.”

Dyer’s shoulders sagged as Jake tried to suppress a smile. Neither spoke because neither had been asked to speak.

Noose continued, “I’m going to do something that I’ve done only once in my many years on the bench. It has been frowned on by our Supreme Court but not disallowed.”

The court reporter knocked and entered, followed by a bailiff and Regina Elmore. Noose said, “Ms. Elmore, I understand you’ve been chosen as the foreman.”

“Yes sir.”

“Good. This is an informal hearing but I want the court reporter to record it all, just to have it. The lawyers, Mr. Dyer and Mr. Brigance, will not be allowed to say anything, which will be painful for them.”

Everyone snickered. Ha, ha. How clever. Regina appeared rattled and uncertain.

“Now, I don’t want you to name names, or to tell us how you see this case, or how the jury is leaning. But I know there is some conflict back there and I feel the need to intervene. Is the jury making progress?”

“No sir.”

“Why not?”

She took a deep breath and looked at Noose, then Jake, then Lowell. She swallowed hard and began, “Okay, now, I can’t use names, right?”

“That’s correct.”

“Okay. There is one guy back there who shouldn’t be on the jury. Let me go back to something that he said yesterday. Is that okay?”

“Yes. Go on.”

“After Kiera testified yesterday morning, we were having lunch, and this guy made a crude comment to another man on the jury. They kinda stick together. And I assure you, Judge, we have heard your warnings and there has been no discussion of the case until, well, until yesterday.”

“What was the crude comment?”

“Referring to Kiera, he said Kofer probably wasn’t the father since the girl probably started screwing, pardon my language, when she was twelve, just like her mother. The other guy laughed. Most of us did not. I heard it and I was appalled. Almost immediately, Joey, oh, I’m sorry, I used his name. Sorry, Judge.”

“That’s okay. Keep going.”

“Joey didn’t like his comment and called him out. He said we’re not supposed to be talking about the case, and they went back and forth for a few minutes. It was pretty tense. Neither guy will back down. And so today, as soon as we retired, this guy tried to take over, wanted to be the foreman, wanted to vote immediately. It’s obvious he wants a guilty verdict and the death penalty. He wants the kid strung up tomorrow.”

Jake and Lowell were fascinated by her narrative. They had never heard a juror discuss deliberations before reaching a verdict. Jurors could be contacted after the trial and quizzed about what happened, though most declined. But to hear a firsthand account of what was happening in the jury room was mesmerizing.

Obviously, Jake was far more pleased with her story than Lowell.

She continued, “Personally, I don’t think he should be on the jury. He is a bully and tries to intimidate us, especially the women, which is why he and Joey are clashing. He’s abusive and vulgar and dismissive of any argument he disagrees with. I don’t think he approached his jury service with an open and impartial mind.”

Noose could not remove a juror until he or she did something wrong, and swearing to be impartial while holding a secret bias was not unusual.

He said, “Thank you, Ms. Elmore. In your opinion, will it be possible for this jury to reach a unanimous verdict?”

She actually laughed at the judge, not out of disrespect, but out of surprise at such an absurd question. “Sorry, Judge. But no. First we went through all the exhibits, like you said, then we read the instructions again, just like you told us to. And this one guy, same guy, started pushing for a vote. Finally, after lunch, and after he and Joey were separated the first time, we voted.”

“And?”

“Six–six, Judge, with no wiggle room anywhere. We’re even sitting on opposite sides of the table now. You can keep us here until the cows come home, but it’s a hard six–six. Me, I won’t vote to convict that boy of anything, not after what Kofer did to them.”

The judge showed her his palms and said, “That’s enough. Thank you again, Ms. Elmore. You are free to go.”

“Back to the jury room?”

“Yes ma’am.”

“Judge, please, I really don’t want to go back in there. I can’t stand that nasty man and I’m tired of him. All of us are, even the ones who agree with him. It’s pretty toxic in there, Judge.”

“Well, we have to keep trying, don’t we?”

“There’s gonna be a fight, I’m warning you.”

“Thank you.”

After she left, Noose nodded at the court reporter who hustled out of the room too. Alone with the lawyers, Noose relit his pipe, blew some smoke, and looked thoroughly defeated.

He said, “I’m looking for some brilliant advice, gentlemen.”

Dyer, eager to salvage his case, said, “Why not excuse Kepner and the bad guy and replace them with the two alternates?”

Noose nodded. It was a decent idea. “Jake?”

“Kepner is obviously in our camp and he’s done nothing wrong. That might be a tough one to defend on appeal.”

“Agreed,” said Noose. “They were properly chosen. I can’t dismiss them because they’re arguing too strenuously. We can’t quit after only three hours of deliberation, gentlemen. Let’s meet in the courtroom in five minutes.”