how they feel about that. And then we have to ask them what they know about this case, or what they have heard.”
Jack had agreed with Tom’s assessment. They wanted jurors who thought Felton was a serial killer because they would be less inclined to convict Jack for killing him although that inclination might not trump their anger for getting him set free in the first place. That was the heart of it, and the two men would have to gauge each individual juror as they listened to the answers and watched the body language.
“It’s a fine line we’re walking here,” Tom said.
“I’m not sure I understand.”
“Well, we have to hammer home at every opportunity the notion that every man, especially you, is cloaked with a presumption of innocence and, at the same time, we have to hope and pray each juror does not extend that presumption to Thomas Felton. Remember, the Florida Supreme Court had freed him and the State of Florida chose not to prosecute him.”
“I wonder if Mr. Merton will be bringing up the presumption of innocence that Felton enjoyed at the time I shot him,” Jack said.
“Everything I’ve heard about Merton tells me he’s not that stupid,” Tom said. “Everybody knows Felton was guilty and everybody knows Merton chose not to prosecute him for the attempted murder of Stacey Kincaid. Merton’s not going to try and play that card.”
“He needs some emotional impact, though, to get the jury on his side. Without a victim, he’s only got me and their anger at me for representing Felton.”
“Maybe he figures that’s enough.”
“Well then, I guess jury selection is going to come down to finding the jurors who are least angry at me for helping to get Felton released.”
“I think that sums it up, Jack.”
Jury selection was surprisingly short. Both Jack and Tom had expected it to take a week, but it only took two days. Oakville was a small town. Every potential juror believed Felton was a serial killer and every juror knew Jack’s role in getting him set free. Still, most asserted that they could decide this case on its facts alone and would not let their opinions about Jack’s representation of Felton influence their decision.
“I’m never inviting Mr. Tobin over to my house for dinner,” one woman said. “And I don’t think we will ever be friends, but I can still hear the facts of this case and decide it on its merits. If that means setting Mr. Tobin free, then so be it.”
Tom and Jack decided to keep her. Robert Merton disagreed.
Chapter Fifty-Nine
The real show started on Wednesday. People were lined up at daybreak to get seats in the courtroom. Television kiosks were set up everywhere and reporters were reporting even when there was nothing to report. One was comparing Jack to the famous criminal defense lawyer, Clarence Darrow. Another was comparing the trial to the O. J. Simpson fiasco.
The reality was far different. Jack and his defender, Tom Wylie, were not interested in making the trial a spectacle. They were trying to reduce the issues to their simplest terms and get the spectacle over with as soon as possible. Merton liked the grand stage a little more, but even he planned to stick to the facts.
Judge Holbrook walked into the courtroom promptly at nine o’clock after being announced by the bailiff. The noise from the full courtroom standing up was almost deafening: The benches creaked, the floorboards creaked, the overhead fans squeaked, and the air conditioners, which weren’t working all that well, rattled. Judge Holbrook had to shout for everyone to be seated.
Jack was dressed in a blue pinstripe suit and was seated next to Tom, who leaned over and whispered in his ear. “Now I know why people from the Old South talked so loud,” he said, pointing up at the overhead fans. Jack smiled. His lawyer was trying to keep him loose.
Judge Holbrook began the proceedings by admonishing the spectators.
“A man is on trial for his life. You are here as spectators to witness the American justice system at work. However, you don’t have an individual right to be here. You will sit and observe in silence and you will not react to anything that happens. If you react in any way, or if you do not remain silent, your privilege to observe will be revoked, and you will be removed from the courtroom.”
He didn’t ask them if they understood his words. He simply turned to the lawyers.