A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,124

week, Your Honor, and that’s not enough. I know the tutor very well and she says he needs daily instruction. He is barely keeping up and will only fall further behind. I’ve spoken to the director of the facility down in Starkville and he assures me the defendant will be secured and confined. There is no chance of escape.”

Noose was frowning. He looked at the district attorney and said, “Mr. Dyer.”

Lowell rose at his table and said, “Your Honor, I’ve checked with the directors of all three juvenile facilities in this state and there’s not a single capital murder defendant in any of them. Our system simply doesn’t work that way. For a crime like this, the defendant is always held in the county where the crime took place. Mr. Gamble will be tried as an adult.”

Jake said, “Adults are finished with their education, Your Honor. The ones in jail may need more of it, but it’s behind them. That’s not true for this defendant. If he gets sent to Parchman he’ll have access to some level of instruction, though I’m sure it’s inadequate.”

Dyer said, “And he’ll be held in maximum security. That’s where capital murderers are housed.”

“He hasn’t been convicted yet. Why not place him with other juveniles and at least give him the chance to be in a classroom? There’s nothing on the books to prevent this. It’s true that these defendants are customarily held in their home counties, but that’s not the law. The court has discretion.”

“It’s never been done,” Dyer argued. “So why make an exception now?”

“Gentlemen,” Noose said again, cutting off the debate. “I’m not inclined to move the defendant. He’s charged as an adult and will be tried as one. And he’ll be treated as one. Motion overruled.”

Again, Jake was not surprised. He fully expected Judge Noose to preside over a fair trial and favor neither side, so asking for favors at this point was a waste of time.

“What’s next, Mr. Brigance?”

“That’s all the defense has for now, Your Honor. Mr. Dyer has a motion in limine, and I suggest that we take it up in chambers.”

Dyer said, “Agreed, Your Honor. It’s of a sensitive nature and should not be discussed in open court, at least not now.”

“Very well. We will adjourn and reconvene in chambers.”

Stepping over to his table, Jake couldn’t help but steal a glance at the Kofers. If Earl had a gun, he would have opened fire.

* * *

—

NOOSE REMOVED HIS robe and fell into his throne at the end of the table. Jake, Libby, and Portia sat along one side. Opposite were Lowell Dyer and his assistant, D. R. Musgrove, a veteran prosecutor. The court reporter sat to the side with her stenograph and recorder.

Noose fired up his pipe without thinking to open a window. He sucked in a mouthful of smoke as he scanned a brief in front of him. He exhaled and said, “This is very troubling.”

It was Dyer’s motion so he spoke first. “Your Honor, we want to limit some of the testimony at trial. Evidently, this killing took place after a nasty fight between Josie Gamble and Stuart Kofer. We will not call her as a witness but the defense certainly will. Therefore, she will be asked questions about the fight, prior fights, and perhaps other physical abuse by the deceased. This could turn into a real circus as the defense, in effect, puts Stuart Kofer on trial. He will not be around to defend himself. This is simply not fair. The State seeks a ruling by the court, pretrial, that testimony about any alleged physical abuse be severely restricted.”

Noose was flipping through the motion and supporting brief filed by Dyer, though he had already read it. “Mr. Brigance.”

Libby cleared her throat and said, “Your Honor, may I?”

“Of course.”

“The reputation of the deceased is always fair game, especially in situations like this where violence was in play.” She was precise, with perfect diction, her Scottish brogue conveying authority. “In our brief, we trace the history of this issue in this state for many decades. Rarely has testimony about the deceased’s violent reputation been excluded, especially when the defendant was also the subject of abuse.”

“The kid was abused?” Noose asked.

“Yes, but we did not include this in our brief because it would then be public record. On at least four occasions, Mr. Kofer slapped Drew in the face, in addition to threatening him many times. He lived in fear of the man, as did Josie