A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,142

he’s studying more.”

“Will do. When are you coming back to the office?”

“Real soon, I hope. My nurse is a Nazi and my doctor’s a hard-ass, but I think he’ll release me next week when he takes out the stitches. I had a long chat with Noose yesterday and he’s pushing me to make a decision on insanity. I’m inclined to notify him and Dyer that we plan to go with M’Naghten and argue our client did not appreciate the nature of his actions. Your thoughts?”

“That’s been the plan all along, right?”

“Sort of. One problem, however, is money for an expert. I talked to that guy in New Orleans this morning and really like him. He’s testified a lot and knows his stuff. His fee is fifteen thousand dollars and I said no way. This is an indigent case and the county will not pay that much for a defense expert. So it comes out of my pocket up front and I doubt if I’ll get reimbursed for all of it. He said he would do it for ten. Still too much. I thanked him and said we’ll think about it.”

“What about Libby Provine? I thought KAF was trying to find some money.”

“She is and she knows a lot of doctors. I’m leaning on her. Noose asked about a continuance, said we could have more time if needed, said Dyer would not object. I said no thanks.”

“Because of Kiera?”

“Because of Kiera. She’ll be seven-and-a-half months along by August the sixth and I want her pregnant when she takes the stand.”

Portia tossed a legal pad on the table and shook her head. “I gotta tell you, Jake, I don’t like this. It doesn’t seem fair to hide the fact that she’s pregnant. Don’t you think Judge Noose will throw a fit when he, along with everybody else, realizes that she’s pregnant and Kofer is the daddy?”

“She’s not my client. Drew is. If the State calls her, then she’s their witness.”

“You keep saying that, but Dyer will howl and the entire courtroom might blow up. Think about the Kofers and their reaction to the fact that their son left behind a child they knew nothing about.”

“Oddly enough, I don’t care about the Kofers right now, and I don’t care if Noose has a fit and Dyer has a stroke. Think about the jurors, Portia. Nothing matters but the jurors. How many of them will be shocked and angry when the truth comes out?”

“All twelve.”

“Maybe. I doubt we’ll get all twelve, but three or four will be enough. A hung jury will be a victory.”

“Is it about winning, Jake, or is it about truth and justice?”

“What is justice in this case, Portia? You’re about to go off to law school where you’ll spend the next three years being told that trials should be about truth and justice. And they should be. But you’re also old enough to serve on a jury. What would you do with this kid?”

She considered this for a moment and said, “I don’t know. I think about it all the time and I swear I don’t have the answer. That boy did what he thought was right. He thought his mother was dead and—”

“And he thought they were still in danger. He thought Kofer might get up and continue with his rampage. Hell, he’d beaten them and threatened to kill them before. Drew figured he was drunk but he didn’t know Kofer was so saturated with booze that he was in a coma. At that moment, Drew believed he was protecting his sister and himself.”

“So it was justified?”

Jake tried to smile. He pointed at her and said, “Exactly. Forget insanity. It was justifiable homicide.”

“Then why go through the motions of a M’Naghten hearing?”

“We won’t. I’ll ask for one and make Dyer do some work. They’ll send Drew to Whitfield to be examined by their doctors and they’ll find one who’ll testify that the kid knew exactly what he was doing. Then, before the hearing I’ll withdraw the motion. Just mess with them a little.”

“This is a game?”

“No, it’s a chess match, but one where the rules are not always binding.”

“I think I like it. I’m not sure a jury will buy into the idea that a sixteen-year-old kid was insane. I know that insanity is not a medical diagnosis and all that, and I know that kids can have all sorts of mental problems, but it just doesn’t sound right to claim that a teenaged boy was insane.”

“Well,