A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,123

argued that it wasn’t done enough, resulting in trials that were not fair. However, the state supreme court almost never second-guessed trial judges.

Lowell Dyer felt otherwise. In response to Jake’s motion, he had submitted his own stack of affidavits, eighteen in all, and they included a veritable roll call of hardcore law-and-order types whose tone was more in favor of a guilty verdict than an impartial jury. His six-page brief stuck to precedents and included nothing creative. The law was on his side and he made it plain.

“Do you plan to call any witnesses, Mr. Dyer?” Noose asked.

“Only if the defense does.”

“It’s not necessary. I’ll take the matter under advisement and issue a ruling in the near future. Let’s move on to the next motion, Mr. Brigance.”

Dyer took his seat as Jake returned to the podium. “Your Honor, we have moved to dismiss the capital murder indictment on the grounds that it violates the Eighth Amendment’s prohibition against cruel and unusual punishment. Until two years ago, this indictment would not be possible because Stuart Kofer was not killed in the line of duty. As you know, in 1988 our esteemed legislature, in a misguided effort to get even tougher on crime and to expedite more executions, passed the Death Penalty Enhancement Act. Until then, the murder of a law enforcement official was a capital offense only if he or she was on duty. Thirty-six states have the death penalty, and in thirty-four of them the officer must be on duty to allow such a charge. Mississippi, in an effort to imitate Texas and increase executions, decided to broaden the scope of death penalty crimes. Not only is murder required, but murder plus something. Murder plus rape, or robbery, or kidnapping. Murder of a child. Murder for hire. And now, under this new and misguided statute, murder of an officer off duty. An officer not on duty has the same standing as every other citizen. To expand, like Mississippi has now done, violates the Eighth Amendment.”

“But the U.S. Supreme Court has yet to rule on this,” Noose said.

“True, but a case like this could well lead the Court to strike down the new law.”

“I’m not sure I’m in a position to strike it down, Mr. Brigance.”

“I understand this, Your Honor, but you can certainly see that it is an unfair law and you have the power to quash the indictment on these grounds. The State will then be required to re-indict on a lesser charge.”

“Mr. Dyer?”

Lowell stood at his table and said, “The law is the law and it’s on the books, Your Honor. Plain and simple. The legislature has the power to pass whatever it chooses and it’s our responsibility to follow its dictates. Until the law is amended or struck down by a higher court, we have no choice.”

“You chose the wording of the indictment and the statute you’re prosecuting under,” Jake said. “No one made you indict for capital murder.”

“It’s capital, Mr. Brigance. Cold-blooded murder.”

“The term ‘cold-blooded murder’ appears nowhere in the statute, Mr. Dyer. There’s no need to sensationalize it.”

“Gentlemen,” Noose said loudly. “I’ve read the briefs on this issue and I’m not inclined to quash the indictment. It follows the statute, whether we agree with it or not. Motion denied.”

Jake was not surprised. But to argue this point on appeal, after a conviction, he was required to raise it now. He had long since accepted the reality that he would be litigating appeals for Drew for years to come, and much of the groundwork had to be laid before the trial. The statute’s validity had not been tested before the U.S. Supreme Court and it seemed destined to go there.

Noose shuffled some papers and said to Jake, “What’s next?”

Portia handed Jake a brief and he returned to the podium. “Your Honor, we are asking the court to move the defendant to a juvenile facility until the trial. He is now and has for the past two and a half months been locked up here in the county jail, which is no place for a sixteen-year-old. In a juvenile facility he will at least be housed with other minors and given limited contact. More importantly, he will have access to some level of educational instruction. He is at least two years behind in his schoolwork.”

“I thought I had approved a private tutor,” Noose said, peering over the reading glasses that were perpetually lodged at the very tip of his long, sloping nose.

“A few hours a