A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,180

those deaths were caused by alcohol poisoning?”

Dyer stood again and said, “Objection, Your Honor, on the grounds of relevance. We’re not concerned here with the death of anyone else.”

“Mr. Brigance?”

“Your Honor, this is a cross-examination and I’m given wide latitude. The drunkenness of the deceased is certainly relevant.”

“I’ll allow for now but let’s see where it’s going. You may answer the question, Dr. Majeski.”

The witness shifted his weight but was obviously enjoying the chance to discuss his experience and knowledge. “I’m not sure, exactly, but there have been several.”

“Last year, you did the autopsy for a fraternity boy down in Gulfport. Last name of Cooney. Do you remember that one?”

“I do, yes, very sad.”

Jake glanced at his paperwork. “You concluded that the cause of death was AAP, acute alcohol poisoning, correct?”

“Correct.”

“Do you remember the kid’s BAC?”

“No, I’m sorry.”

“I have your report right here. Would you like to see it?”

“No, just refresh my memory, Mr. Brigance.”

Jake lowered the papers, looked at the jury, and said, “Point-three-three.”

“That sounds accurate,” Dr. Majeski said.

Jake returned to his table, shuffled some papers, withdrew a few, and returned to the podium. “Do you recall an autopsy you performed in August of 1987 on a Meridian fireman named Pellagrini?”

Dyer stood with stretched arms and said, “Your Honor, please. I object to this line of questioning on the grounds of relevance.”

“Overruled. You may answer the question.”

Dyer fell hard into his chair, and his theatrics drew a harsh look from the bench.

Dr. Majeski said, “Yes, I remember that one.”

Jake scanned the top sheet, though all the details were memorized. “Says here he was forty-four years old and weighed one hundred and ninety-two pounds. His body was found in the basement of his home. You concluded that the cause of death was AAP. Does this sound right, Doctor?”

“Yes it does.”

“Do you happen to recall his BAC?”

“Not exactly, no.”

Again, Jake lowered the papers, looked at the jury, and announced, “Point-three-two.” He glanced at Joey Kepner and saw the faint beginnings of a smile.

“Dr. Majeski, is it safe to say that Stuart Kofer was near death from his alcohol consumption?”

Dyer bounced up again and angrily said, “Objection, Your Honor. This calls for an opinion that is far too speculative.”

“It does indeed. Objection sustained.”

After a perfect buildup, Jake was ready for the punch line. He stepped toward his table, stopped, looked at the witness, and asked, “Isn’t it possible, Dr. Majeski, that Stuart Kofer was already dead when he got shot?”

Dyer yelled, “Objection, Your Honor.”

“Sustained. Don’t answer that.”

“Nothing further,” Jake said as he glanced at the spectators. Harry Rex was grinning. On the back row, Lucien beamed at his protégé and could not have been prouder. Most of the jurors appeared to be stunned.

It was almost three and His Honor needed another round of meds. He said, “Let’s take the afternoon recess and get some coffee. I’d like to see the lawyers in chambers.”

* * *

—

LOWELL DYER WAS still fuming when they gathered around the table. Noose had disrobed and was lining up little bottles of pills as he stretched at his desk. He gulped them down with a cup of water and took a seat at the table. He smiled and said, “Well, gentlemen, with no insanity to fight over, this trial is moving right along. My compliments to both of you.” He looked at the prosecutor and asked, “Who’s your next witness?”

Dyer tried to shrug it off and appear as cool as his opponent. He took a deep breath and said, “I don’t know, Judge. I planned to call Kiera Gamble to the stand, but right now I’m somewhat reluctant. Why? Because we’ll get into the abuse. As I’ve said before, it’s simply not fair to allow these people to testify to matters that I cannot effectively rebut on cross-examination. It’s not fair to allow them to slander Stuart Kofer.”

“Slander?” Jake asked. “Slander implies false testimony, Lowell.”

“But we don’t know what’s false and what’s true.”

“They’ll be under oath,” Noose said.

“True, but they’ll also have every reason to exaggerate the abuse. There is no one to rebut it.”

Jake said, “The facts are the facts, Lowell. We can’t change them. The truth is that these three were living in a nightmare because they were abused and threatened, and the abuse was a major factor in the killing.”

“So it was for retribution?”

“I didn’t say that.”

“Gentlemen. We’ve been discussing this for some time and I have been briefed by both sides. I am persuaded that the case law in this state leans toward