A Time to Kill (53 page)

It was sort of ironic, he said, winding down for a moment. Carl Lee Hailey now sat before them asking for due process and a fair trial, yet he did not believe in such things. Ask the mothers of Billy Ray Cobb and Pete Willard. Ask them what kind of fair trials their sons received.

He paused to allow the jury and the courtroom to absorb and ponder that last thought. It sunk in heavy, and every person in the jury box looked at Carl Lee Hailey. They were not looks of compassion. Jake cleaned his fingernails with a small knife and looked thoroughly bored. Buckley pretended to review his notes at the podium, then checked his watch. He started again, this time in a most confident businesslike tone of voice. The State would prove that Carl Lee Hailey carefully planned the killings. He waited for almost an hour in a small room next to the stairs where he knew the boys would eventually be led as they were taken back to jail. He somehow managed to sneak an M-16 into the courthouse. Buckley walked to a small table by the court reporter and hoisted the M-16. “This is the M-16!” he announced to the jury,
waving it wildly about with one hand. He sat it on the podium and talked about how it was carefully selected by Carl Lee Hailey because he had used one before in close combat, and he knew how to kill with it. He had been trained with an M-16. It’s an illegal weapon. You can’t buy one down at the Western Auto. He had to go find it. He planned it.

The proof would be clear: premeditated, carefully planned, cold-blooded murder.

And then there was Deputy DeWayne Looney. A fourteen-year veteran of the Sheriff’s Department. A family man—one of the finest law enforcement officers he had ever known. Gunned down in the line of duty by Carl Lee Hailey. His leg was partially amputated. What was his sin? Perhaps the defense would say it was accidental, that it shouldn’t count. That’s no defense in Mississippi.

There’s no excuse, ladies and gentlemen, for any of this violence. The verdict must be guilty.

They each had an hour for their openings, and the lure of that much time proved irresistible for the D.A., whose remarks were becoming repetitive. He lost himself twice during his condemnation of the insanity ruse. The jurors began to look bored and searched for other points of interest around the courtroom. The artists quit sketching, the reporters quit writing, and Noose cleaned his glasses seven or eight times. It was a known fact that Noose cleaned the glasses to stay awake and fight boredom, and he usually cleaned them throughout the trial. Jake had seen him rub them with a handkerchief or tie or shirttail while witnesses broke down and cried and lawyers screamed and flailed their arms at each other. He didn’t miss a word or objection or trick; he was just bored with it all, even a case of this magnitude. He never slept on the bench,
although he was sorely tempted at times. Instead he removed his glasses, held them upward in the light, blew on them, rubbed them as though they were caked with grease, then remounted them just north of the wart. No more than five minutes later they would be dirty again. The longer Buckley droned on, the more they were cleaned.

Finally, after an hour and a half, Buckley shut up and the courtroom sighed.

“Ten-minute recess,” Noose announced, and lunged off the bench, through the door, past chambers to the men’s room.

Jake had planned a brief opening, and after Buckley’s marathon, he decided to make it even shorter. Most people don’t like lawyers to begin with, especially long-winded, tall-talking, wordy lawyers who feel that every insignificant point must be repeated at least three times, and the major ones have to be hammered and drilled by constant repetition into whoever happened to be listening. Jurors especially dislike lawyers who waste time, for two very good reasons. First, they can’t tell the lawyers to shut up. They’re captives. Outside the courtroom a person can curse a lawyer and shut him up, but in the jury box they become trapped and forbidden to speak. Thus, they must resort to sleeping, snoring, glaring, squirming, checking their watches, or any one of a dozen signals which boring lawyers never recognize. Second, jurors don’t like long trials. Cut the crap and get it over with. Give us the facts and we’ll give you a verdict.

He explained this to his client during the recess.

“I agree. Keep it short,” said Carl Lee.

He did. Fourteen minutes worth of opening statement, and the jury appreciated every word. He began by talking about daughters and how special they are.

How they are different from little boys and need special protection. He told them of his own daughter and the special bond that exists between father and daughter, a bond that could not be explained and should not be tampered with. He admitted admiration for Mr. Buckley and his alleged ability to be so forgiving and compassionate to any drunken pervert who might rape his daughter. He was a big man indeed. But in reality, could they, as jurors, as parents, be so tender and trusting and indulging if their daughter had been raped—by two drunk, stoned, brutal animals who tied her to a tree and—”

“Objection!” shouted Buckley.

“Sustained,” Noose shouted back.

He ignored the shouting and continued softly. He asked them to try to imagine, throughout the trial, how they would feel had it been their daughter. He asked them not to convict Carl Lee but to send him home to his family. He didn’t mention insanity. They knew it was coming.

He finished shortly after he started, and left the jury with a marked contrast in the two styles.

“Is that all?” Noose asked in amazement.

Jake nodded as he sat by his client.

“Very well. Mr. Buckley, you may call your first witness.”

“The State calls Cora Cobb.”

The bailiff went to the witness room and fetched Mrs. Cobb. He led her through the door by the jury box, into the courtroom where she was sworn by Jean Gillespie, and then he seated her in the witness chair.

“Speak into the microphone,” he instructed.

“You are Cora Cobb?” Buckley asked with full volume as he situated the podium near the railing.

“Yes, sir.”

“Where do you live?”

“Route 3, Lake Village, Ford County.”

“You are the mother of Billy Ray Cobb, deceased?”

“Yes, sir,” she said as her eyes watered. She was a rural woman whose husband had left when the boys were small. They had raised themselves while she worked two shifts at a cheap furniture factory between Karaway and Lake Village. She lost control over them at an early age. She was about fifty, tried to look forty with hair dye and makeup, but could easily pass for early sixties.

“How old was your son at the time of his death?”

“Twenty-three.”

“When did you last see him alive?”

“Just a few seconds before he was kilt.”

“Where did you see him?”

“Here in this courtroom.”

“Where was he killed?”

“Downstairs.”

“Did you hear the shots that killed your son?”

She began to cry. “Yes, sir.”

“Where did you last see him?”

“At the funeral home.”

“And what was his condition?”

“He was dead.”

“Nothing further,” Buckley announced.

“Cross-examination, Mr. Brigance?”

She was a harmless witness, called to establish that the victim was indeed dead, and to evoke a little sympathy. Nothing could be gained by cross-examination, and normally she would have been left alone. But Jake saw an opportunity he couldn’t pass. He saw a chance to set the tone for the trial, to wake Noose and Buckley and the jury; to just get everyone aroused. She
was not really that pitiful; she was faking some. Buckley had probably instructed her to cry if possible.

“Just a few questions,” Jake said as he walked behind Buckley and Musgrove to the podium. The D.A. was immediately suspicious.

“Mrs. Cobb, is it true that your son was convicted of selling marijuana?”

“Objection!” Buckley roared, springing to his feet. “The criminal record of the victim is inadmissible!”

“Sustained!”

“Thank you, Your Honor,” Jake said properly, as if Noose had done him a favor.

She wiped her eyes and cried harder.

“You say your son was twenty-three when he died?”

“Yes.”

“In his twenty-three years, how many other children did he rape?”

“Objection! Objection!” yelled Buckley, waving his arms and looking desperately at Noose, who was yelling, “Sustained! Sustained! You’re out of order, Mr. Brigance! You’re out of order!”

Mrs. Cobb burst into tears and bawled uncontrollably as the shouting erupted. She managed to keep the microphone in her face, and her wailing and carrying on resounded through the stunned courtroom.

“He should be admonished, Your Honor!” Buckley demanded, his face and eyes glowing with violent anger and his neck a deep purple.

“I’ll withdraw the question,” Jake replied loudly as he returned to his seat.

“Cheap shot, Brigance,” Musgrove mumbled.

“Please admonish him,” Buckley begged, “and instruct the jury to disregard.”

“Any redirect?” asked Noose.

“No,” answered Buckley as he dashed to the witness stand with a handkerchief to rescue Mrs. Cobb, who had buried her head in her hands and was sobbing and shaking violently.

“You are excused, Mrs. Cobb,” Noose said. “Bailiff, please assist the witness.”

The bailiff lifted her by the arm, with Buckley’s assistance, and led her down from the witness stand, in front of the jury box, through the railing, down the center aisle. She shrieked and whined every step of the way, and her noises increased as she neared the back door until she was roaring at full throttle when she made her exit.

Noose glared at Jake until she was gone and the courtroom was quiet again. Then he turned to the jury and said: “Please disregard the last question by Mr. Brigance.”

“What’d you do that for?” Carl Lee whispered to his lawyer.

“I’ll explain later.”

“The State calls Earnestine Willard,” Buckley announced in a quieter tone and with much more hesitation.

Mrs. Willard was brought from the witness room above the courtroom. She was sworn and seated.

“You are Earnestine Willard?” asked Buckley.

“Yes, sir,” she said in a fragile voice. Life had been rough on her too, but she had a certain dignity that made her more pitiful and believable than Mrs. Cobb. The clothes were inexpensive, but clean and neatly pressed. The hair was minus the cheap black dye that Mrs. Cobb relied on so heavily. The face was minus the layers of makeup. When she began crying, she cried to herself.

“And where do you live?”

“Out from Lake Village.”

“Pete Willard was your son?”

“Yes, sir.”

“When did you last see him alive?”

“Right here in this room, just before he was killed.”

“Did you hear the gunfire that killed him?”

“Yes, sir.”

“Where did you last see him?”

“At the funeral home.”

“And what was his condition?”

“He was dead,” she said, wiping tears with a Kleenex.

“I’m very sorry,” Buckley offered. “No further questions,” he added, eyeing Jake carefully.

“Any cross-examination?” Noose asked, also eyeing Jake suspiciously.

“Just a couple,” Jake said.

“Mrs. Willard, I’m Jake Brigance.” He stood behind the podium and looked at her without com passion.

She nodded.

“How old was your son when he died?”

“Twenty-seven.”

Buckley pushed his chair from the table and sat on its edge, ready to spring. Noose removed his glasses and leaned forward. Carl Lee lowered his head.

“During his twenty-seven years, how many other children did he rape?”

Buckley bolted upright. “Objection! Objection! Objection!”

“Sustained! Sustained! Sustained!”

The yelling frightened Mrs. Willard, and she cried louder.

“Admonish him, Judge! He must be admonished!”

“I’ll withdraw the question,” Jake said on his way back to his seat.

Buckley pleaded with his hands. “But that’s not good enough, Judge! He must be admonished!”

“Let’s go into chambers,” Noose ordered. He excused the witness and recessed until one.

________

Harry Rex was waiting on the balcony of Jake’s office with sandwiches and a pitcher of margaritas. Jake declined and drank grapefruit juice. Ellen wanted just one, a small one she said to calm her nerves. For the third day, lunch had been prepared by Dell and personally delivered to Jake’s office. Compliments of the Coffee Shop.

They ate and relaxed on the balcony and watched the carnival around the courthouse. What happened in chambers? Harry Rex demanded. Jake nibbled on a Reuben. He said he wanted to talk about something other than the trial.

“What happened in chambers, dammit?”

“Cardinals are three games out, did you know that, Row Ark?”

“I thought it was four.”

“What happened in chambers!”

“Do you really want to know?”

“Yes! Yes!”

“Okay. I’ve got to go use the restroom. I’ll tell you when I get back.” Jake left.

“Row Ark, what happened in chambers?”

“Not much. Noose rode Jake pretty good, but no permanent damage. Buckley wanted blood, and Jake said he was sure some was forthcoming if Buckley’s
face got any redder. Buckley ranted and screamed and condemned Jake for intentionally inflaming the jury, as he called it. Jake just smiled at him and said he was sorry, Governor. Every time he would say governor, Buckley would scream at Noose, ‘He’s calling me governor, Judge, do something.’ And Noose would say, ‘Please, gentlemen, I expect you to act like professionals.’ And Jake would say, ‘Thank you, Your Honor.’ Then he would wait a few minutes and call him governor again.”

“Why did he make those two old ladies cry?”

“It was a brilliant move, Harry Rex. He showed the jury, Noose, Buckley, everybody, that it’s his courtroom and he’s not afraid of a damned person in it. He drew first blood. He’s got Buckley so jumpy right now he’ll never relax. Noose respects him because he’s not intimidated by His Honor. The jurors were shocked, but he woke them up and told them in a not so subtle way that this is war. A brilliant move.”

“Yeah, I thought so myself.”