A Time to Kill (52 page)

“Then four of the next six are black,” Ellen said.

“Yeah, but Buckley won’t take it that far. In fact, I’m surprised he’s let us get this close to the fourth row.”

“I know you want Acker. What about Sisco?” asked Harry Rex.

“I’m afraid of him. Lucien said he’s a crook who could be bought.”

“Great! Let’s get him, then go buy him.”

“Very funny. How do you know Buckley hasn’t already bought him?”

“I’d take him.”

Jake studied the list, counting and recounting. Ellen wanted to strike both men—Acker and Sisco.

They returned to chambers and sat down. The court reporter was ready. “Your Honor, we will strike number twenty-two and number twenty-eight, with two challenges remaining.”

“Back to you, Mr. Buckley. Twenty-nine and thirty.”

“The State will take them both. That’s twelve with four challenges left.”

“Back to you, Mr. Brigance.”

“We will strike twenty-nine and thirty.”

“And you’re out of challenges, correct?” Noose asked.

“Correct.”

“Very well. Mr. Buckley, thirty-one and thirty-two.”

“The State will take them both,” Buckley said quickly, looking at the names of the blacks coming after Clyde Sisco.

“Good. That’s twelve. Let’s select two alternates. You will both have two challenges for the alternates. Mr. Buckley, thirty-three and thirty-four.”

Juror thirty-three was a black male. Thirty-four was a white female Jake wanted. The next two were black males.

“We’ll strike thirty-three, accept thirty-four and thirty-five.”

“The defense will accept both,” Jake said.

Mr. Pate brought the courtroom to order as Noose and the lawyers took their places. His Honor called the names of the twelve and they slowly, nervously made their way to the jury box, where they were seated in order by Jean Gillespie. Ten women, two men, all white. The blacks in the courtroom mumbled and eyed each other in disbelief.

“Did you pick that jury?” Carl Lee whispered to Jake.

“I’ll explain later,” Jake said.

The two alternates were called and seated next to the jury box.

“What’s the black dude for?” Carl Lee whispered, nodding at the alternate.

“I’ll explain later,” Jake said.

Noose cleared his throat and looked down at his new jury. “Ladies and gentlemen, you have been carefully selected to serve as jurors in this case. You have been sworn to fairly try all issues presented before you and to follow the law as I instruct. Now, according to
Mississippi law, you will be sequestered until this trial is over. This means you will be housed in a motel and will not be allowed to return home until it’s over. I realize this is an extreme hardship, but it’s one the law requires. In just a few moments we will recess until in the morning, and you will be given the chance to call home and order your clothes, toiletries, and whatever else you need. Each night you will stay in a motel at an undisclosed location outside of Clanton. Any questions?”

The twelve appeared dazed, bewildered by the thought of not going home for several days. They thought of families, kids, jobs, laundry. Why them? Out of all those people in the courtroom, why them?

With no response, Noose banged his gavel and the courtroom began to empty. Jean Gillespie escorted the first juror to the judge’s chambers, where she called home and ordered clothes and a toothbrush.

“Where are we going?” she asked Jean.

“It’s confidential,” Jean said.

“It’s confidential,” she repeated over the phone to her husband.

By seven, the families had responded with a wild assortment of luggage and boxes. The chosen ones loaded a chartered Greyhound bus outside the rear door. Preceded by two patrol cars and an army jeep and followed by three state troopers, the bus circled the square and left Clanton.

________

Stump Sisson died Tuesday night at the burn hospital in Memphis. His short, fat body had been neglected over the years and proved itself deficient in resisting the complications bred by the serious burns. His death brought to four the number of fatalities related to the
rape of Tonya Hailey. Cobb, Willard, Bud Twitty, and now Sisson.

Immediately, word of his death reached the cabin deep in the woods where the patriots met, ate, and drank each night after the trial. Revenge, they vowed, an eye for an eye and so on. There were new recruits from Ford County—five in all—making a total of eleven local boys. They were eager and hungry, and wanted some action.

The trial had been too quiet so far. It was time for excitement.

________

Jake paced in front of the couch and delivered his opening statement for the hundredth time. Ellen listened intently. She had listened, interrupted, objected, criticized, and argued for two hours. She was tired now. He had it perfect. The margaritas had calmed him and plated his tongue silver. The words flowed smoothly. He was gifted. Especially after a drink or two.

When he finished they sat on the balcony and watched the candles inch slowly in the darkness around the square. The laughter from the poker games under the pavilions echoed softly through the night. There was no moon.

Ellen left for the final round of drinks. She returned with her same beer mugs filled with ice and margaritas. She sat them on the table and stood behind her boss. She placed her hands on his shoulders and began rubbing the lower part of his neck with her thumbs. He relaxed and moved his head from side to side. She massaged his shoulders and upper back, and pressed her body against his.

“Ellen, it’s ten-thirty, and I’m sleepy. Where are you staying tonight?”

“Where do you think I should stay?”

“I think you should stay at your apartment at Ole Miss.”

“I’m too drunk to drive.”

“Nesbit will drive you.”

“Where, may I ask, are you staying?”

“At the house my wife and I own on Adams Street.”

She stopped rubbing and grabbed her drink. Jake stood and leaned over the rail and yelled at Nesbit. “Nesbit! Wake up! You’re driving to Oxford!”

35

__________

C
arla found the story on the second page of the front section. “All White Jury Chosen for Hailey” read the headline. Jake had not called Tuesday night. She read the story and ignored her coffee.

The beach house sat by itself in a semisecluded area of the beach. The nearest neighbor was two hundred yards away. Her father owned the land in between and had no plans to sell it. He had built the house ten years earlier when he sold his company in Knoxville and retired wealthy. Carla was the only child, and now Hanna would be the only grandchild. The house—with four bedrooms and four bathrooms scattered over three levels—had room for a dozen grandchildren.

She finished the article and walked to the bay windows in the breakfast room overlooking the beach, and then the ocean. The brilliant orange mass of the sun had just cleared the horizon. She preferred the warmth of the bed until well after daybreak, but life with Jake had brought new adventure to the first seven hours of each day. Her body was conditioned to at least wake up at five-thirty. He once told her his goal
was to go to work in the dark and return from work in the dark. He usually achieved this goal. He took great pride in working more hours each day than any lawyer in Ford County. He was different, but she loved him.

________

Forty-eight miles northeast of Clanton, the Milburn county seat of Temple lay peacefully beside the Tippah River. It had three thousand people and two motels. The Temple Inn was deserted, there being no moral reason to be there this time of year. At the end of one secluded wing, eight rooms were occupied and guarded by soldiers and a couple of state troopers. The ten women had paired off nicely, as had Barry Acker and Clyde Sisco. The black alternate, Ben Lester Newton, was awarded a room to himself, as was the other alternate, Francie Pitts. The televisions had been disconnected and no newspapers were allowed. Supper Tuesday night had been delivered to the rooms, and Wednesday’s breakfast arrived promptly at seven-thirty while the Greyhound warmed and blew diesel fumes all over the parking lot. Thirty minutes later the fourteen loaded aboard and the entourage set out for Clanton.

They talked on the bus about their families and jobs. Two or three had known each other prior to Monday; most were strangers. They awkwardly avoided any mention of why they were all together and the task before them. Judge Noose had been very plain on this point; no discussions about the case. They wanted to talk about many things: the rape, the rapists, Carl Lee, Jake, Buckley, Noose, the Klan, lots of things. Everyone knew of the burning crosses, but they weren’t discussed, at least they weren’t discussed
on the bus. There had been many discussions back in the motel rooms.

The Greyhound arrived at the courthouse five minutes before nine, and the jurors stared through dark windows to see how many blacks and how many Klansmen and how many others were being separated by the guardsmen. It eased past the barricades and parked at the rear of the courthouse, where the deputies were waiting to escort them upstairs as soon as possible. They went up the back stairs to the jury room, where coffee and doughnuts were waiting. The bailiff informed them it was nine, and His Honor was ready to start. He led them into the crowded courtroom and into the jury box, where they sat in their designated seats.

“All rise for the court,” Mr. Pate yelled.

“Please be seated,” Noose said as he fell into the tall leather chair behind the bench. “Good morning, ladies and gentlemen,” he said warmly to the jurors. “I trust you’re all feeling well this morning, and ready to go.”

They all nodded.

“Good. I’m going to ask you this question every morning: Did anybody attempt to contact you, talk to you, or influence you in any way last night?”

They all shook their heads.

“Good. Did you discuss this case among yourselves?”

They all lied and shook their heads.

“Good. If anyone attempts to contact you and discuss this case or influence you in any way, I expect you to notify me as soon as possible. Do you understand?”

They nodded.

“Now at this time we are ready to start the trial. The first order of business is to allow the attorneys to
make opening statements. I want to caution you that nothing the attorneys say is testimony and is not to be taken as evidence. Mr. Buckley, do you wish to make an opening statement?”

Buckley rose and buttoned his shiny polyester coat. “Yes, Your Honor.”

“I thought so. You may proceed.”

Buckley lifted the small, wooden podium and moved it squarely in front of the jury box, where he stood behind it and breathed deeply and slowly flipped through some notes on a legal pad. He enjoyed the brief period of quietness with all eyes on him and all ears anxious for his words. He started by thanking the jurors for being there, for their sacrifices, for their citizenship (as if they had a choice, thought Jake). He was proud of them and honored to be associated with them in this most important case. Again, he was their lawyer. His client, the State of Mississippi. He expressed fear at this awesome responsibility that they, the people, had given to him, Rufus Buckley, a simple country lawyer from Smith field. He rambled on about himself and his thoughts on the trial, and his hopes and prayers that he would do a good job for the people of this state.

He gave pretty much the same spiel in all of his opening statements, but this was a better performance. It was refined and polished garbage, and objectionable. Jake wanted to burn him, but from experience he knew Ichabod would not sustain an objection during an opening statement unless the offense was flagrant, and Buckley’s rhetoric did not qualify—yet. All this fake sincerity and gushiness irritated Jake to no end, primarily because the jury listened to it and, more often than not, fell for it. The prosecutor was always the good guy, seeking to right an injustice and
punish a criminal for some heinous crime; to lock him away forever so he could sin no more. Buckley was master at convincing a jury, right off the mark, during the opening statement, that it was up to them, He and The Twelve Chosen Ones, to search diligently for the truth, together as a team, united against evil. It was the truth they were after, nothing but the truth. Find the truth and justice would win. Follow him, Rufus Buckley, the people’s lawyer, and they would find the truth.

The rape was a terrible deed. He was a father, in fact had a daughter the same age of Tonya Hailey, and when he first heard of the rape he was sick at his stomach. He grieved for Carl Lee and his wife. Yes, he thought of his own little girls and had thoughts of retribution.

Jake smiled quickly at Ellen. This was interesting. Buckley had chosen to confront the rape instead of keeping it from the jury. Jake was expecting a critical confrontation with him on the admissibility of any testimony regarding the rape. Ellen’s research found the law to be clear that the lurid details were inadmissible, but it wasn’t so clear as to whether it could be mentioned or referred to. Evidently Buckley felt it was better to acknowledge the rape than try to hide it. Good move, thought Jake, since all twelve and the rest of the world knew the details anyway.

Ellen smiled too. The rape of Tonya Hailey was about to be tried for the first time.

Buckley explained it would be natural for any parent to want revenge. He would too, he admitted. But, he continued with his voice growing heavier, there is a mighty distinction between wanting revenge and getting revenge.

He was warming up now as he paced deliberately
back and forth, ignoring the podium, getting his rhythm. He launched himself into a twenty-minute discourse on the criminal justice system and how it was practiced in Mississippi, and how many rapists that he, Rufus Buckley, had personally sent to Parchman, for life, most of them. The system worked because Mississippians had enough good common sense to make it work, and it would collapse if people like Carl Lee Hailey were allowed to short-circuit the system and dispense justice according to their own terms. Imagine that. A lawless society where vigilantes roamed at will. No police, no jails, no courts, no trials, no juries. Every man for himself.