Джон Гришэм - A Time for Mercy

“Two first appearances, plus Gamble. I don’t suppose you want him in court today.”

“No. We’ll do it later. Let’s get through the morning’s business and meet back here for lunch, with Lowell.”

“Sure, Judge.”

“And Jake, order us some catfish po’boys from Claude’s, okay?”

“You got it, Judge.”

—

THE LAWYERS TOOK off their jackets and loosened their ties, at His Honor’s suggestion. His robe hung by the door. The po’boys were still warm, and delicious. After a few bites and a round of small talk, Noose asked, “Do you have your calendars?”

Both nodded and reached into their briefcases.

Noose looked at some notes and asked, “How does December the tenth sound for the retrial?”

Jake had nothing scheduled past October. Dyer’s trial calendar revolved around Noose’s. Both said they were clear for December 10.

“Any idea where it might be?” Jake asked, hoping fervently that it would not happen again in Van Buren County.

“Well, I’ve been thinking about that,” Noose said as he took a bite and wiped his mouth with a paper napkin. “We should keep this show on the road. Things didn’t work out too well in Chester. We’re not doing it here. Tyler County is Lowell’s backyard, so it’s out. That leaves Polk and Milburn counties. I’ll pick one in due course and we’ll tee it up there. Any objections?”

Lowell said, “Well, of course, Judge, we’ll oppose any motion for a change of venue.”

Neither side was eager for a rematch. Dyer feared another loss and Jake was worried about a possible bankruptcy.

“Of course you will,” Noose said. “But don’t spend a lot of time opposing it.”

And with that, the court had ruled.

His Honor kept eating and talking. “Not that it matters. We could pick twelve people off the streets in any of the five counties and get the same result. Gentlemen, I’ve thought of little else since the mistrial, and I do not believe any jury will convict this boy, nor will any jury acquit him. I’d like to hear your thoughts.”

Jake nodded and demurred and Dyer said, “Well, we certainly have to try again, don’t we? I can see the same challenges, but I’m confident of getting a conviction.”

The standard response from every prosecutor.

“Jake?”

“I agree with you, Judge. The votes may vary a little, probably not an even split, but a unanimous verdict is not imaginable. The only fact that will change is that Kiera will give birth next month so there’ll be a child. We, of course, will have the blood test to prove it’s Kofer’s.”

“And there’s no chance otherwise?” Dyer asked politely.

“I believe the girl,” Jake said.

“So you’ll lose the ambush angle?”

“Maybe, or maybe I’ll have another one.”

“Gentlemen. We’ll try him again, on December the tenth, and there will be no more ambushes. If the jury cannot agree, then we’ll go from there. No chance of a plea agreement?”

Dyer shook his head and said, “Not now, Judge. I can’t agree to a plea to anything less than capital murder, not for a dead officer.”

“Jake?”

“Same. I can’t ask a sixteen-year-old boy to agree to a deal that gives him the next thirty or so years in prison.”

“I assumed as much. Gentlemen, I see no way out of this mess. The facts are what they are and we can’t change them. We have no choice but to keep trying.”

Jake pushed his sandwich away and reached for some papers. “I guess that brings us to the issue of bail. So far, my client has served five months for nothing. He is, as we all know, presumed to be innocent. The State has tried once to prove him guilty and the State failed. It is not fair to keep him locked up. He is as innocent as we are, not to mention he’s a minor, and he deserves the chance to get out.”

Dyer shook his head as he took a bite.

Noose, surprisingly, said, “This has been on my mind too. It’s troubling.”

“It’s worse than that, Judge. The kid was two years behind in school back in March. As we’ve learned, his education has been rather spotty. He’s now incarcerated far away from any classroom.”

“I thought your wife was working with him.”

“Several hours a week, Judge, and it’s a temporary arrangement at best. It’s not enough. The kid has shown some interest in learning, but he needs to be in a real school with teachers and other kids, and with lots of tutoring after hours.” Jake handed both some paperwork. “This is a petition for a writ of habeas corpus I plan to file on Monday in circuit court. And I’ll ask you, Judge, with all due respect, to recuse yourself. If we fail in circuit court, then I’ll go federal and get some relief. The kid is being unlawfully detained and I can convince a federal judge of that. The petition claims a violation of the Eighth Amendment prohibition against cruel and unusual punishment on the grounds that he is a minor being held in an adult facility, and in solitary confinement, and with no access to educational resources. We’ve found two cases on point, from other jurisdictions, and they’re covered in our brief. If we get relief, and get him out, then both of you can blame someone else, and not worry about any political fallout.”

This irritated Noose and he flashed an angry look at Jake. “I don’t think about the politics, Jake.”

“Well, you’re the first politician who doesn’t think about the politics.”

“I’m offended. Do you consider me a politician, Jake?”

“Not really, but your name will be on the ballot next year. Yours too, Lowell.”

“I don’t allow politics to enter my considerations, Jake,” Lowell said, a bit too piously.

“Then why not let him out?” Jake shot back.

They took a deep breath as Noose and Dyer skimmed the petition. They were obviously caught off guard and not sure what they were reading. After a moment, Jake said to Noose, “I’m sorry if I offended you, Judge. I did not intend to.”

“Apology accepted. We need to be honest here and agree that allowing a capital murder defendant out of jail would upset a lot of people. Do you have a plan?”

“Yes. An appearance bond is used to ensure that a person accused of a crime will show up and face the charges. I promise you both that if and when you want Drew, his mother, or his sister to appear in any court, they will be there. You have my word. My plan is to get him out and take him to Oxford where Josie and Kiera are living, and get him in school in a couple of weeks. Kiera will start school after she has the baby. No one knows them over there, though I guess their address is now in the record. Both Drew and Kiera need tutoring and some counseling, and I’ll try to arrange things.”

“Is the mother working?” Noose asked.

“She has two part-time jobs and is looking for a third. I found them a small apartment and I’m helping with the rent. This will continue as long as I don’t go broke.”

“There has to be a secured bond, Jake. How can they afford it?”

Jake handed him a document and said, “This is the deed to my home. I’ll put it up as security. And I’m not afraid to do so because I know that Drew will appear in court.”

“Come on, Jake,” Dyer said, shaking his head.

“You can’t do that, Jake,” Noose said.

“There’s the deed, Judge. Mind you, the house is heavily mortgaged, like everything else I own, but I’m not worried.”

“What if they skip out again?” Dyer asked. “They have a history of living on the run.”

“Then I’ll track down the little asshole and haul him back to jail.” The humor hit where it was supposed to and they enjoyed a good laugh.

“What’s the value of the house?” Noose asked.