A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,152
secretary to order sandwiches. Jake asked for egg salad, the easiest to chew. When the food arrived, they took off their jackets, loosened their ties, and started eating.
“In the Gamble matter, gentlemen, what’s pending?” Noose knew exactly what matters needed to be decided before trial, but the meeting was informal and off the record so he let the lawyers choose the impromptu agenda.
Jake said, “Well, venue, for one.”
Noose said, “Yes, and I’m inclined to agree with you, Jake. It might be difficult to pick an impartial jury in Clanton. I’m changing venue. Lowell?”
“Judge, we’ve filed our objection and supporting affidavits. There’s nothing else to say.”
“Good. I’ve been fully briefed and I’ve thought about it for a long time.”
And you’ve also had an earful from Judge Atlee, Jake thought.
“We’ll try the case in Chester,” Noose declared.
For the defense, any venue other than Clanton was a win. But trying the case in the dilapidated Van Buren County Courthouse was not much better. Jake nodded and tried to appear pleased. An August trial in that dusty old courtroom, with a packed house, would be like slugging it out in a sauna. He almost wished he hadn’t howled for a change of venue. Polk County had a modern courthouse with toilets that actually flushed. Why not there? And Milburn County Courthouse had just been renovated.
“It may not be your favorite courtroom,” Noose said, stating the obvious. “But I’ll get it spruced up. I’ve already ordered some new window units to keep things cool.”
The only way to improve Noose’s favorite courtroom was to burn it. What a challenge it would be to examine witnesses over the din of straining AC units.
Noose went on, trying to justify a decision based more on the comfort of the judge than the convenience of the litigants. “The trial is two weeks away and I’ll have the place ready.” Jake suspected His Honor wanted to shine in front of his home folks. Whatever. The slight advantage was Jake’s, but the State could try the case anywhere and still have the upper hand.
“We’ll be ready,” Dyer said. “I’m concerned about the psychiatric expert for the defense, Your Honor. We’ve asked twice for his name and résumé and have received nothing.”
Jake said, “I’m not going with insanity, and I’m withdrawing the M’Naghten notice.”
Dyer was startled and blurted, “Couldn’t find an expert?”
“Oh, there are plenty of experts, Lowell,” Jake said coolly. “Just a change in strategy.”
Noose was surprised too. “When did you decide this?”
“Within the past few days.” They ate for a moment and considered this.
“Well, that should make the trial even shorter,” Noose said, obviously pleased. Neither side wanted a war over expert testimony that few jurors could grasp. Insanity was used in less than 1 percent of all criminal trials, and though it rarely worked for the defense it never failed to stir strong emotions and confuse juries.
“Any more surprises, Jake?” Lowell asked.
“Not at this time.”
“I don’t like surprises, gentlemen,” Noose said.
Dyer said, “Well, Judge, there’s an important matter still hanging in the air, and it’s no surprise to anyone. It seems patently unfair to the State to allow this trial to turn into a slander campaign against the victim, a fine officer of the law who cannot be there to defend himself. There will be allegations of physical abuse, even sexual abuse, and we have no way of knowing the truth about these claims. The only three witnesses are Josie Gamble and her two children, assuming Drew will be a witness, which I doubt, but these three will have the opportunity to say virtually anything about Stuart Kofer. How am I supposed to get to the truth?”
“They’ll be under oath,” Noose said.
“Sure they will, but they’ll have every motive known to man to exaggerate, even lie and fabricate. Drew will be on trial for his very life, and I don’t doubt for a second that he and his mother and sister will paint a nasty portrait of the victim. It is simply not fair.”
Jake deftly opened a file and withdrew two enlarged color photos of Josie lying in the hospital bed with her face swollen and bandaged. He slid one across the table to Dyer and handed the other to His Honor. “Why lie?” he asked. “This speaks for itself.”
Dyer had already seen the photographs. “You plan to offer this as evidence?”
“I certainly do, when she testifies.”
“I’ll object to the jury seeing this one and the others.”
“Object all you want, but you know they’ll be admitted.”