Джон Гришэм - A Time for Mercy

All Kiera wanted was to sit on the edge of her mother’s hospital bed, with her brother on the opposite side, and touch her arms.

5

Sunday lunch was a light salad and soup, the usual unless Jake’s mother was in the mood to put on a spread, a treat that happened about once a month. But not today. After a quick lunch, he helped Carla clear the table and stack the dishes and toyed with the idea of a Sunday nap, but Hanna had other plans. She wanted to take Mully for a walk to the city park and Carla volunteered Jake for the adventure. He was fine with it. Anything to kill time and avoid the return call to Judge Noose. By two he was back and Hanna disappeared into her room. Carla boiled water and served them green tea at the breakfast table.

She asked, “He can’t make you take the case, can he?”

“I really don’t know. I’ve thought about it all morning and I can’t remember a case where the court tried to appoint a lawyer and he refused. Circuit judges have enormous power and I suppose Noose could make my life miserable if I said no. Frankly, that’s why you don’t say no. A small-town lawyer is dead if he alienates his judges.”

“And you’re worried about Smallwood ?”

“Of course I’m worried about it. Discovery is almost complete and I’m pestering Noose for a trial date. The defense is stalling as always but I think we have them on the run. Harry Rex thinks they might be ready to talk settlement, but not until they’re staring at a firm trial date. We need to keep Noose happy.”

“Are you saying he might carry a grudge from one case to the next?”

“Omar Noose is a wonderful old judge who almost always gets it right, but he can also be prickly. He’s human and makes mistakes, and he’s also accustomed to getting whatever he wants, at least in his own courtroom.”

“So he would allow one case to affect another?”

“Yes. It has happened.”

“But he likes you, Jake.”

“He sees himself as my mentor and he wants me to do great things, and that’s a perfect reason to keep the old guy happy.”

“Do I get a vote in this?”

“Always.”

“Okay. This is not the Hailey case. There is no racial tension here. As far as I know, everybody is white, right?”

“So far.”

“So the Klan and those crazies won’t show up this time. To be sure, you’ll rankle some people who want to string the kid up right now and they’ll resent any lawyer who takes his case, but doesn’t that go with the territory? You’re a lawyer, the best in my opinion, and right now there’s a sixteen-year-old boy in serious trouble and he needs help.”

“There are other lawyers in town.”

“And which one would you hire if you were facing the death penalty?”

Jake hesitated too long and she said, “See.”

“Tom Motley is a promising trial lawyer.”

“And one who doesn’t get his hands dirty on the criminal side. How many times have I heard you give that rant?”

“Bo Landis is good.”

“Who? I’m sure he’s great but his name doesn’t ring a bell.”

“He’s young.”

“And you would trust him with your life?”

“I didn’t say that. Look, Carla, I’m not the only lawyer in town and I’m sure Noose can twist somebody else’s arm. It’s not uncommon in nasty cases like this to appoint a lawyer from outside the county. Remember that terrible rape out in Box Hill three or four years ago?”

“Sure.”

“Well, we begged off and Noose protected us by hooking in a lawyer from Tupelo. No one here knew him and he handled it as well as could be expected. Bad facts.”

“And that was a plea bargain, right?”

“Yes. Thirty years in prison.”

“Not enough. What are the chances of a plea bargain in this case?”

“Who knows? We’re talking about a minor, so Noose might cut him some slack. But there’ll be a big push for blood. The death penalty. The victim’s family will make noise. Ozzie will want a big trial because one of his boys is dead. Everybody’s up for reelection next year so it’s a perfect moment to get tough on crime.”

“It doesn’t seem right to send a sixteen-year-old kid to death row.”

“Try telling that to the Kofer family. Don’t know them, but I’ll bet they’re thinking about the gas chamber. If some guy harmed Hanna, you wouldn’t be too concerned about his age, would you?”

“Probably not.”

They took a deep breath and allowed this sobering thought to pass.

“I thought you were ready to vote,” Jake said.

“I don’t know, Jake. It’s a tough call, but if Judge Noose pushes hard I don’t see how you can say no.”

The phone rang and they stared at it. Jake walked over and looked at the caller ID. He smiled at Carla and said, “It’s him.” Jake grabbed the receiver, said hello, then pulled the cord halfway across the kitchen and took a seat with his wife at the breakfast table.

They waded through the pleasantries. Families were all fine. The weather was changing. Terrible news about Stuart Kofer. They both professed admiration. Noose had spoken to Ozzie, and Ozzie had the kid locked away, safe and secure. Good ole Ozzie. Most sheriffs Noose dealt with would’ve had the kid on the rack and signing a ten-page confession.

Hitting his stride, Noose said, “Jake, I want you to represent this kid through the preliminaries. Don’t know if it’ll turn into a capital case but that’s always a real possibility. Nobody else in Clanton has any recent experience with the death penalty and you’re the lawyer I trust the most. If it goes capital, then we’ll revisit your representation and I’ll try to find someone else.”

Jake closed his eyes and nodded and, at the first pause, jumped in. “Judge, you and I both know that if I step in now there’s an excellent chance I’ll be stuck with it all the way.”

“Not necessarily, Jake. I just spoke with Roy Browning over in Oxford, damned fine lawyer, you know him, Jake?”

“Everybody knows Roy, Judge.”

“He has two capital trials this year and is swamped, but he has a young partner who he thinks highly of. He promised me they would take a look at the case down the road if it goes capital. Right now, though, Jake, I want someone in that jail talking to the kid and keeping the police away from him. I don’t want to be faced with some bogus confession or a jailhouse snitch.”

“I trust Ozzie.”

“And so do I, Jake, but this is a dead policeman, and you know how worked up those boys can get. I would just feel better if that kid had some protection right now. I’ll make the appointment good for thirty days. You get over there and see the kid, then we’ll meet at nine Tuesday morning before the Civil Docket. I believe you have motions pending in the Smallwood case.”

“But I knew the victim, Judge.”

“So what? It’s a small town and everybody knows everybody, right?”

“You’re pushing pretty hard, Judge.”

“I’m sorry, Jake, and sorry to be bothering you on a Sunday. But this situation can get dicey and needs a steady hand. I trust you, Jake, and that’s why I’m asking you to step in. You know, Jake, when I was a young lawyer I learned that we don’t always get to choose our clients, right?”

And why not, Jake asked himself. “I’d like to discuss this with my wife, Judge. As you know, we went through a lot five years ago with Hailey and she may have an opinion or two.”

“This is nothing like Hailey, Jake.”

“No, but it is a dead policeman, and any lawyer who represents the alleged killer will face a backlash from the community. As you say, it’s a small town, Judge.”

“I really want you to step up to the plate here, Jake.”

“I’ll discuss it with Carla and I’ll see you first thing Tuesday morning, if that’s all right.”