A Time for Mercy Page 12

“But that was five years ago.”

“Doesn’t matter. Name another lawyer around here who’ll even think about taking a serious criminal case. Nobody. And more important, Jake, there’s no one else in the county who’s competent enough to take a capital case.”

“No way. What about Jack Walter?”

“He’s back in the sauce. Noose got two complaints last month from disgruntled clients and he’s about to notify the state bar.” How Harry Rex knew such things was always a marvel to Jake.

“I thought they sent him away.”

“They did, but he came back, thirstier than ever.”

“What about Gill Maynard?”

“He got burned in that rape case last year. Told Noose he’d surrender his license before he got stuck with another bad criminal appointment. And he’s pretty awful on his feet. Noose was beyond frustrated with the guy in the courtroom. Give me another name.”

“Okay, okay. Let me think a minute.”

“A waste of time. I’m tellin’ you, Jake, Noose will call you sometime today. Can you leave the country for a week or so?”

“Don’t be ridiculous, Harry Rex. We have motions before Noose at ten Tuesday morning, the rather insignificant matter of the Smallwood case? Remember that one?”

“Dammit. I thought it was next week.”

“Good thing I’m in charge of the case. Not to mention such trivial matters as Carla and her job and Hanna and her classes. It’s silly to think we can just disappear. I’m not running, Harry Rex.”

“You’ll wish you had, believe me. This case is nothin’ but trouble.”

“If Noose calls, I’ll talk to him and explain why I can’t get involved. I’ll suggest that he appoint someone from another county. He likes those two guys in Oxford who’ll take anything, and he’s brought them in before.”

“Last I heard they’re swamped with death row appeals. They always lose at trial, you know. Makes the appellate stuff go on forever. Listen to me, Jake, you do not want a dead-cop case. The facts are against you. The politics are against you. There’s not a chance in hell the jury will show any sympathy.”

“Got it, got it, got it, Harry Rex. Let me drink some coffee and talk to Carla.”

“Is she in the shower?”

“Well, no.”

“That’s my favorite fantasy, you know.”

“Later, Harry Rex.” Jake hung up and followed Carla to the kitchen where they brewed coffee. The spring morning was almost warm enough to sit on the patio, but not quite. They settled around a small table in the breakfast nook, with a pleasant view of the pink and white azaleas blooming in the backyard. The dog, a recent rescue effort they called Mully but who, so far, answered to nothing except food, emerged from his turf in the washroom and stared at the patio door. Jake let him outside and poured two cups.

Over coffee, he repeated everything Harry Rex said, except the parting shot about Carla in the shower, and they discussed the unpleasant possibility of getting dragged into the case. Jake agreed that the Honorable Omar Noose, his friend and mentor, was unlikely to appoint another lawyer from the rather shallow pool of talent that was the Ford County bar. Almost to a man, or to a person since there was now one female lawyer, they avoided jury trials, preferring instead to do the paperwork required of their quiet little office practices. Harry Rex was always up to a good courtroom brawl, but only in domestic relations cases tried before judges; no juries. Ninety-five percent of the criminal cases were settled with plea bargains, thus avoiding trials. Small tort cases—car wrecks, slip-and-falls, dog bites—were negotiated with the insurance companies. Usually, if a Ford County lawyer stumbled onto a big civil case he rushed to Tupelo or Oxford and associated a real trial lawyer, one experienced in litigation and not terrified of juries.

Jake still dreamed of changing this, and at the age of thirty-seven he was trying to establish a reputation as a lawyer who gambled and got verdicts. Without a doubt his most glorious moment had been the not-guilty verdict for Carl Lee Hailey five years earlier, and he had been certain in its aftermath that the big cases would find their way to his door. They had not. He still threatened to try every dispute, and this worked well, but the rewards were still paltry.

The Smallwood case, though, was different. It had the potential of being the biggest civil case in the county’s history, and Jake was the lead counsel. He had filed the lawsuit thirteen months earlier and had since spent half his time working on it. He was now ready for the trial and yelling at the defense lawyers for a date.

Harry Rex had not mentioned the role of the county’s part-time public defender, and with good reason. The current P.D. was a bashful rookie whose early job approval ratings were about as low as they could get. He took the job because no one else wanted it, and because the position had been vacant for a year, and because the county reluctantly agreed to increase the salary to $2,500 a month. No one expected him to survive another year. He had yet to try a case all the way to a jury’s verdict and showed no interest in doing so. And, most important, he had never even watched a capital murder trial.

Not surprisingly, Carla immediately felt sympathy for the woman. Even though she had liked Stu Kofer, she also knew that some off-duty cops could behave as badly as anyone. And if domestic violence was a factor, the facts would only become more complicated.

But she was wary of another high-profile, controversial case. For three years after the trial of Carl Lee Hailey, the Brigance family had lived with a deputy parked in front of their house at night, and threatening phone calls, and hateful glares from strangers in stores. Now, in another nice home and with that case even further behind them, they were slowly adjusting to a normal life. Jake still carried a registered gun in his car, which she frowned on, but the surveillance was gone. They were determined to enjoy the present, plan for the future, and forget the past. The last case Carla wanted was one that might attract headlines.

As they were chatting quietly, Miss Hanna appeared in her pajamas, sleepy-eyed and clutching, still, her favorite stuffed cub, one that she had never slept without. The cub was threadbare and far past its useful shelf life, and Hanna was nine years old and needed to move on, but a serious discussion about such a transition was being postponed. She crawled into her father’s lap and closed her eyes again. Like her mother, she preferred a quiet entry into the morning with as little noise as possible.

Her parents stopped talking about the legal stuff and switched to Hanna’s Sunday school lesson, one she had not yet read. Carla disappeared and returned with the study guide, and Jake began reading about Jonah and the Whale, one of his least favorite Bible stories. Hanna wasn’t impressed with it either and seemed to doze. Carla busied herself in the kitchen with breakfast—oatmeal for Hanna, poached eggs and wheat toast for the adults.

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