law next door in Ford County for twelve years. He introduced Libby and described her work with a nonprofit organization in Washington. He introduced Portia as his law clerk, just so the jurors would know why she was sitting with the defense.
He said that he had never been accused of a crime but had represented many people who had. It was frightening and unsettling, especially when a person believed he or she was not guilty or had acted in a reasonable manner. He then asked if anyone in the pool had ever been accused of a serious crime.
Joey Kepner did not raise his hand. Jake was relieved and assumed that Kepner felt as though his record had been thoroughly erased. That, and he probably believed that possessing ten ounces of pot was not that “serious.”
Jake explained that the trial would include allegations of domestic abuse by Stuart Kofer. He cautioned that he wasn’t about to go into the details—that’s what the witnesses would attempt to do. However, it was important to know if any of the prospective jurors had ever been the victim of domestic abuse. He did not look at Della Fancher, but Libby and Portia were watching her every move. Nothing. No reaction other than a slight glance to her right. She was on board, or so they thought.
Jake moved to an even heavier issue. He talked about killing, and its various forms. Manslaughter, negligent homicide, self-defense, and outright premeditated murder, the charge against his client. But did anyone on the panel believe that killing could ever be justified? Dyer shifted in his chair and seemed ready to object.
The question was too vague to elicit responses. Without knowing the details, it was difficult for any juror to speak up and initiate a conversation. Several squirmed and looked around, and before anyone could answer, Jake said he knew it was a tough one. He didn’t want a response. The seed was planted.
He said Drew’s mother was Josie Gamble, a woman with a colorful past. Without going into it, he explained that she would testify, and when she did the jurors would learn that she had a criminal record. That is always revealed, for any witness. Would that fact lessen her credibility? Her past had nothing to do with the events surrounding the death of Stuart Kofer, but, in the spirit of full disclosure, he wanted the jurors to know that she had served time.
There was no response from the pool.
Full disclosure? Since when was selecting a jury the time to be completely transparent?
Jake kept his questions brief and sat down after thirty minutes. He and Dyer would soon get the chance to quiz the jurors individually.
Next, Noose asked the first twelve to move to the jury box. With the clerk directing them to their assigned seats, they settled in as if already chosen to hear testimony. Not so fast. Not nearly so fast. Noose explained that they would begin the process of privately interviewing the first forty or so jurors. Those with numbers higher than fifty were free to leave the courtroom for one hour.
The jury room was more spacious and far less cluttered than his chambers, so he instructed the lawyers to retire there. The court reporter followed them, and they gathered around a long table where the jury would eventually decide the case. When Noose was settled at one end, with the defense on one side, the State on the other, he said to a bailiff, “Bring in number one.”
Jake said, “Judge, if I may, could I offer a suggestion?”
“What is it?” Noose was grimacing with lower back pain as he chewed on the stem of an unlit pipe.
“It’s almost three and it’s pretty clear we won’t start testimony today. Can we release the witnesses we have under subpoena until tomorrow?”
“Good idea. Mr. Dyer?”
“Fine with me, Judge.”
A small victory for the defense. Get Kiera out of town for now.
Mark Maylor settled into an old wooden chair looking as though he was guilty of something. The Judge took charge: “Now, Mr. Maylor, I remind you that you’re under oath.” His tone was almost accusatory.
“I realize that, Your Honor.”
“This won’t take long. Just a few questions from me and the lawyers. Okay?”
“Yes sir.”
“As I said, this is a capital case, and if the State proves its allegations, you will be called upon to consider voting to impose the death penalty. Will you be able to do this?”
“I don’t know. I’ve never been asked to do this before.”
“How