“Any questions, Mr. Brigance?” asked the judge.
“No, sir,” Jake said as he stood.
“Any witnesses?”
“No, sir.”
“Any requests, motions, anything?”
“No, sir.”
Jake knew better than to request bail. First, it would do no good. Bullard would not set bail for capital murder. Second, it would make the judge look bad.
“Thank you, Mr. Brigance. The court finds sufficient evidence exists to hold this defendant for action by the Ford County grand jury. Mr. Hailey shall remain in the custody of the sheriff, without bond. Court’s adjourned.”
Carl Lee was quickly handcuffed and escorted from the courtroom. The area around the rear door
downstairs was sealed and guarded. The cameras outside caught a glimpse of the defendant between the door and the waiting patrol car. He was in jail before the spectators cleared the courtroom.
The deputies directed the whites on one side to leave first, followed by the blacks.
The reporters requested some of Jake’s time, and they were instructed to meet him in the rotunda in a few minutes. He made them wait by first going to chambers and giving his regards to the judge. Then he walked to the third floor to check on a book. When the courtroom was empty and they had waited long enough, he walked through the rear door, into the rotunda, and faced the cameras.
A microphone with red letters on it was thrust into his face. “Why didn’t you request bond?” a reporter demanded.
“That comes later.”
“Will Mr. Hailey plead an insanity defense?”
“As I’ve stated, it’s too early to answer that question. We must now wait for the grand jury—he may not be indicted. If he is, we’ll start planning his defense.”
“Mr. Buckley, the D.A., has stated he expects easy convictions. Any comment?”
“I’m afraid Mr. Buckley often speaks when he shouldn’t. It’s asinine for him to make any comment on this case until it is considered by the grand jury.”
“He also said he would vigorously oppose any request for a change of venue.”
“That request hasn’t been made yet. He really doesn’t care where the trial is held. He’d try it in the desert as long as the press showed up.”
“Can we assume there are hard feelings between you and the D.A.?”
“If you want to. He’s a good prosecutor and a worthy adversary. He just talks when he shouldn’t.”
He answered a few other assorted questions and excused himself.
________
Late Wednesday night the doctors cut below Looney’s knee and removed the lower third of his leg. They called Ozzie at the jail, and he told Carl Lee.
10
__________
R
ufus Buckley scanned the Thursday morning papers and read with great interest the accounts of the preliminary hearing in Ford County. He was delighted to see his name mentioned by the reporters and by Mr. Brigance. The disparaging remarks were greatly outweighed by the fact that his name was in print. He didn’t like Brigance, but he was glad Jake mentioned his name before the cameras and reporters. For two days the spotlight had been on Brigance and the defendant; it was about time the D.A. was mentioned. Brigance should not criticize anyone for seeking publicity. Lucien Wilbanks wrote the book on manipulating the press both before and during a trial, and he had taught Jake well. But Buckley held no grudge. He was pleased. He relished the thought of a long, nasty trial with his first opportunity at real, meaningful exposure. He looked forward to Monday, the first day of the May term of court in Ford County. He was forty-one, and when he was first elected nine years earlier he had been the youngest D.A. in Mississippi. Now he was one year into his third term
and his ambitions were calling. It was time to move on to another public office, say, attorney general, or possibly governor. And then to Congress. He had it all planned, but he was not well known outside the Twenty-second Judicial District (Ford, Tyler, Polk, Van Buren, and Milburn counties). He needed to be seen, and heard. He needed publicity. What Rufus needed more than anything else was a big, nasty, controversial, well-publicized conviction in a murder trial.
Ford County was directly north of Smithfield, the county seat of Polk County, where Rufus lived. He had grown up in Tyler County, near the Tennessee line, north of Ford County. He had a good base, politically. He was a good prosecutor. During elections he boasted of a ninety percent conviction rate, and of sending more men to death row than any prosecutor in the state. He was loud, abrasive, sanctimonious. His client was the people of the State of Mississippi, by God, and he took that obligation seriously. The people hated crime, and he hated crime, and together they could eliminate it.
He could talk to a jury; oh, how he could talk to a jury. He could preach, pray, sway, plead, beg. He could inflame a jury to the point it couldn’t wait to get back to that jury room and have a prayer meeting, then vote and return with a rope to hang the defendant. He could talk like the blacks and he could talk like the rednecks, and that was enough to satisfy most of the jurors in the Twenty-second. And the juries were good to him in Ford County. He liked Clanton.
When he arrived at his office in the Polk County Courthouse, Rufus was delighted to see a camera crew waiting in his reception room. He was very busy, he explained, looking at his watch, but he might have a minute for a few questions.
He arranged them in his office and sat splendidly in his leather swivel behind the desk. The reporter was from Jackson.
“Mr. Buckley, do you have any sympathy for Mr. Hailey?”
He smiled seriously, obviously in deep thought. “Yes, I do. I have sympathy for any parent whose child is raped. I certainly do. But what I cannot condone, and what our system cannot tolerate, is this type of vigilante justice.”
“Are you a parent?”
“I am. I have one small son and two daughters, one the age of the Hailey girl, and I’d be outraged if one of my daughters were raped. But I would hope our judicial system would deal effectively with the rapist. I have that much confidence in the system.”
“So you anticipate a conviction?”
“Certainly. I normally get a conviction when I go after one, and I intend to get a conviction in this case.”
“Will you ask for the death penalty?”
“Yes, it looks like a clear case of premeditated murder. I think the gas chamber would be appropriate.”
“Do you predict a death penalty verdict?”
“Of course. Ford County jurors have always been willing to apply the death penalty when I ask for it and it’s appropriate. I get very good juries up there.”
“Mr. Brigance, the defendant’s attorney, has stated the grand jury may not indict his client.”
Buckley chuckled at this. “Well, Mr. Brigance should not be so foolish. The case will be presented to the grand jury Monday, and we’ll have our indictments Monday afternoon. I promise you that. Really, he knows better.”
“You think the case will be tried in Ford County?”
“I don’t care where it’s tried. I’ll get a conviction.”
“Do you anticipate the insanity defense?”
“I anticipate everything. Mr. Brigance is a most capable criminal defense attorney. I don’t know what ploy he will use, but the State of Mississippi will be ready.”
“What about a plea bargain?”
“I don’t much believe in plea negotiating. Neither does Brigance. I wouldn’t expect that.”
“He said he’s never lost a murder case to you.”
The smile disappeared instantly. He leaned forward on the desk and looked harshly at the reporter. “True, but I bet he didn’t mention a number of armed robberies and grand larcenies, did he? I’ve won my share. Ninety percent to be exact.”
The camera was turned off and the reporter thanked him for his time. No problem, said Buckley. Anytime.
________
Ethel waddled up the stairs and stood before the big desk. “Mr. Brigance, my husband and I received an obscene phone call last night, and I’ve just taken the second one here at the office. I don’t like this.”
He motioned to a chair. “Sit down, Ethel. What did these people say?”
“They weren’t really obscene. They were threatening. They threatened me because I work for you. Said I’d be sorry because I worked for a nigger lover. The ones here threaten to harm you and your family. I’m just scared.”
Jake was worried too, but shrugged it off for Ethel. He had called Ozzie on Wednesday and reported the calls to his house.
“Change your number, Ethel. I’ll pay for it.”
“I don’t want to change my number. I’ve had it for seventeen years.”
“Good, then don’t. I’ve had my home number changed, and it’s no big deal.”
“Well, I’ll not do it.”
“Fine. What else do you want?”
“Well, I don’t think you should have taken that case. I—”
“And I don’t care what you think! You’re not paid to think about my cases. If I want to know what you think, I’ll ask. Until I do, keep quiet.”
She huffed and left. Jake called Ozzie again.
An hour later Ethel announced through the intercom: “Lucien called this morning. He asked me to copy some recent cases, and he wants you to deliver them this afternoon. Said it had been five weeks since your last visit.”
“Four weeks. Copy the cases, and I’ll take them this afternoon.”
Lucien stopped by the office or called once a month. He read cases and kept abreast of current developments in the law. He had little else to do except drink Jack Daniel’s and play the stock market, both of which he did recklessly. He was a drunk, and he spent most of his time on the front porch of his big white house on the hill, eight blocks off the square, overlooking Clanton, sipping Jack in the Black and reading cases.
He had deteriorated since the disbarment. A full-time maid doubled as a nurse who served drinks on the porch from noon until midnight. He seldom ate or slept, preferring instead to rock away the hours.
Jake was expected to visit at least once a month. The visits were made out of some sense of duty. Lucien
was a bitter, sick old man who cursed lawyers, judges, and especially the State Bar Association. Jake was his only friend, the only audience he could find and keep captive long enough to hear his sermons. Along with the preaching he also freely dispensed unsolicited advice on Jake’s cases, a most annoying habit. He knew about the cases, although Jake never knew how Lucien knew so much. He was seldom seen downtown or anywhere in Clanton except at the package store in the black section.
The Saab parked behind the dirty, dented Porsche, and Jake handed the cases to Lucien. There were no hellos or other greetings, just the handing of the copies to Lucien, who said nothing. They sat in the wicker rockers on the long porch and looked out over Clanton. The top floor of the courthouse stood above the buildings and houses and trees around the square.
Finally he offered whiskey, then wine, then beer. Jake declined. Carla frowned on drinking, and Lucien knew it.
“Congratulations.”
“For what?” Jake asked.
“For the Hailey case.”
“Why am I to be congratulated?”
“I never had a case that big, and I had some big ones.”
“Big in terms of what?”
“Publicity. Exposure. That’s the name of the game for lawyers, Jake. If you’re unknown, you starve. When people get in trouble they call a lawyer, and they call someone they’ve heard of. You must sell yourself to the public, if you’re a street lawyer. Of course it’s different if you’re in a big corporate or insurance firm where you sit on your ass and bill a hundred bucks an hour, ten hours a day, ripping off little people and—”
“Lucien,” Jake interrupted quietly, “we’ve talked about this many times. Let’s talk about the Hailey case.”
“All right, all right. I’ll bet Noose refuses to change venue.”
“Who said I would request it?”
“You’re stupid if you don’t.”
“Why?”
“Simple statistics! This county is twenty-six percent black. Every other county in the Twenty-second is at least thirty percent black. Van Buren County is forty percent. That means more black jurors, potential jurors. If you get it moved, you have a better chance for blacks in the jury box. If it’s tried here, you run the risk of an all-white jury, and believe me, I’ve seen enough all-white juries in this county. All you need is one black to hang it and get a mistrial.”
“But then it’ll be retried.”
“Then hang it again. They’ll give up after three trials. A hung jury is the same as a loss on Buckley’s scorecard. He’ll quit after the third trial.”
“So I simply tell Noose I want the trial moved to a blacker county so I can get a blacker jury.”
“You can if you want to, but I wouldn’t. I’d go through the usual crap about pretrial publicity, a biased community, and on and on.”
“And you don’t think Noose’ll buy it.”
“Naw. This case is too big, and it’ll get bigger. The press has intervened and already started the trial. Everyone’s heard of it, and not just in Ford County. You couldn’t find a person in this state without a preconceived notion of guilt or innocence. So why move it to another county?”
“Then why should I request it?”
“Because when that poor man is convicted, you’ll
need something to argue on appeal. You can claim he was denied a fair trial because venue was not changed.”
“Thanks for the encouragement. What’re the chances of getting it moved to another district, say somewhere in the delta?”
“Forget it. You can request a change of venue, but you cannot request a certain location.”
Jake didn’t know that. He usually learned something during these visits. He nodded confidently and studied the old man with the long, dirty gray beard. There had never been a time when he stumped Lucien on a point of criminal law.
“Sallie!” Lucien screamed, throwing his ice cubes into the shrubs.
“Who’s Sallie?”
“My maid,” he replied as a tall, attractive black lady opened the screen door and smiled at Jake.
“Yeah, Lucien?” she answered.
“My glass is empty.”
She walked elegantly across the porch and took his glass. She was under thirty, shapely, pretty, and very dark. Jake ordered iced tea.