A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,111

shoved her sandwich a few inches away and closed her eyes. After a moment, she asked, “Why would the State put her on the stand if she’s pregnant?”

“Because the State doesn’t know it.”

She took a deep breath, moved her chair back, stood, and walked to the other end of her office. From behind her desk, she asked, “Don’t you have an obligation to inform the prosecutor?”

“No. She’s not my witness. She’s not my client.”

“I’m sorry, Jake, but I’m having some trouble processing this. Are you trying to hide the fact that she’s pregnant?”

“Let’s just say I don’t want the other side to know it.”

“But won’t the D.A. and his investigators meet with their witnesses before trial?”

“Normally, yes. It’s up to them. They can meet with her whenever they want. They talked to her two weeks ago in my office.”

“Is the girl in hiding? Does she have friends?”

“Not many, and, yes, she’s basically in hiding. I explained to Kiera and Josie that it would be best if no one knows she’s pregnant, but there’s always the chance that she’ll be discovered. There’s also the chance that the D.A. will find out. But she’s going to testify at trial, either for the prosecution or the defense, and if the trial’s in August she’ll be seven months pregnant.”

“Is she, uh, showing?”

“Barely. Her mother has told her to wear nothing but oversized clothing. They’re still living in the church but I’m trying to find them a place, an apartment in another town. They stopped attending church services a couple of weeks ago and are trying to avoid everyone.”

“At your recommendation, I’m sure.”

Jake smiled and nodded. Libby paced back to the table and sat down. She drank from her bottle and said, “Wow.”

“I thought you’d like it. A defense lawyer’s dream. A total ambush of the prosecution’s witness.”

“I know discovery is limited down there, but this seems a bit extreme.”

“As I said in my memo, there is virtually no discovery in criminal cases. Same for most of the country.”

She knew this. She took a bite of her sandwich and chewed slowly, her mind racing. “What about a mistrial? Surely the State will scream about the surprise and want a new trial.”

“The State rarely gets a mistrial. We’ve gone back eighty years and researched hundreds of cases involving mistrials. Only three were granted to the prosecution, and all involved important witnesses who didn’t show up for court. And I’ll argue that a mistrial is unnecessary because the girl will testify at trial regardless of which side calls her as a witness.”

“Any chance Kofer is not the father?”

“Doubtful. She’s fourteen and swears he was the first and only.”

Libby shook her head and looked away. When she looked back, Jake noticed moisture in her eyes. “She’s just a baby,” she said softly.

“A sweet girl who’s had a tough life.”

“You know, Jake, these are terrible trials. I’ve been through dozens of them in many states. Kids who commit murder are not like adults who commit murder. Their brains have not fully formed. They are easily influenced. They are often abused and mistreated and cannot escape bad environments. Yet they’re able to pull the trigger, same as an adult, and the victims are just as dead. Their survivors are just as angry. This is your first, right?”

“Yes, and I didn’t ask for it.”

“I know. As bad as these trials are, this is my work, my calling, and I’m still challenged by it. I love the courtroom, Jake, and I really don’t want to miss the moment when Kiera takes the stand. Talk about drama of the highest order.”

“Does this mean—”

“I want to be there. I have a trial in Kentucky in early August but we’ll push for a continuance. Our other lawyers are booked. Maybe, just maybe, I can clear my schedule and step in.”

“That would help considerably.” Jake could not suppress a smile. “What about the money?”

“We’re broke, same as always. We’ll cover my time and expenses and we’ll provide the expert if and when we get to the sentencing. I’m afraid you’re on your own to hire the right insanity person.”

“Any ideas?”

“Oh sure,” she said. “I know plenty of them. White, black, brown, male, female, young or old. Take your pick. I’ll find the right one, just let me think about it.”

“Definitely white, probably female, don’t you think? Our best chance for a little mercy might come from women. Someone who’s been slapped around by a drunk. Someone carrying a dark secret about being sexually assaulted.