A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,188
was pregnant. You knew there were allegations of sexual abuse. Now there’s proof.”
Noose asked, “Jake, did you know Kofer is the father?”
“Yes.”
“And when did you know this?”
“We found out in April that she’s pregnant, and she’s always maintained that it was Kofer. She is prepared to testify that he repeatedly raped her.”
“And you kept this quiet?”
“Who was I supposed to tell? Show me a statute or a rule or procedure that requires me to tell anyone that the sister of my client was being raped by the deceased. You can’t find one. I had no duty to tell anyone.”
“But you kept her in hiding,” Dyer said. “Away from everyone.”
“You asked me twice to make her available to you and I did so, in my office. Once on April the second, then on June the eighth.”
Noose shot a flamethrower into the bowl of his pipe and exhaled a fog of blue smoke. No windows were cracked. The tobacco relaxed him and he said, “I don’t like ambushes, Jake, you know that.”
“Then change the rules. We have unlimited discovery in civil cases and almost none in criminal cases. Ambushes are a way of life, especially by the prosecution.”
“I want a mistrial,” Dyer said again.
“And why?” Jake asked. “You want to come back in three months and do it again? Fine with me. We’ll bring the baby and show it to the jury, defense exhibit number one. The blood test will be exhibit two.”
Dyer’s mouth dropped open; stunned again. He managed to say, “You’re pretty good at hiding witnesses, aren’t you, Jake?”
“You’ve already used that cheap shot. Find some new material.”
“Gentlemen. Let’s talk about how to proceed. We’re all in a bit of a shock, I’m afraid. First the pregnant witness, then the outburst by the family. I’m worried about our jury.”
Dyer said, “Send ’em home, Judge. We’ll try it again later.”
“No mistrial, Mr. Dyer. Motion denied. Mr. Brigance, I assume that you and this witness are about to discuss the matter of sexual abuse.”
“She’s fourteen years old, Your Honor, far too young to consent. He was twenty years older. Sexual relations between them were illegal, nonconsensual, criminal. She is prepared to testify that he repeatedly raped her and then threatened to kill her and her brother, the defendant, if she told anyone. She was too frightened to talk.”
“Can we limit some of this, Judge?” Dyer pleaded.
“How graphic do you plan to get, Mr. Brigance?”
“I have no plans to discuss body parts, Your Honor. Her body speaks for itself. The jurors are smart enough to understand what happened.”
Noose discharged another cloud of blue smoke and watched it swirl toward the ceiling. “This might get ugly.”
“It’s already ugly, Judge. A fourteen-year-old girl was raped repeatedly and impregnated by a brute who took advantage of her situation. We can’t change the facts. It happened, and any effort on your part to limit her testimony will give us plenty of ammo for the appeal. The law is clear, Your Honor.”
“I didn’t ask for a lecture, Mr. Brigance.”
Yeah, well maybe you need one.
A moment passed as Noose chomped on the stem of his pipe while adding to the fog above the table. Finally, he said, “I’m not sure how to gauge that outburst. Never seen anything like it, really. Wonder how it plays with the jury.”
Dyer said, “I see no way it helps us.”
“It doesn’t help either side,” Jake said.
Noose said, “I’ve never had one of my lawyers threatened like that, Jake. I’ll deal with Mr. Kofer after the trial. Let’s proceed.”
No one in chambers wanted to return to the courtroom to hear Kiera’s testimony.
* * *
—
OMAR NOOSE WAS determined to conduct an efficient and safe trial on his home turf, and he had harangued the sheriff into posting every possible deputy—full-time, part-time, reserve, volunteer—in and around the courthouse. After Earl’s outburst, and threat, even more muscle was present when the lawyers took their places and the jurors filed in.
Kiera returned to the stand, with a tissue, and braced herself.
From the podium, Jake said, “Now, Kiera, you said that Stuart Kofer is the father of your child. So, I have to ask you a series of questions about your sexual relations with him, okay?”
She bit her lip and nodded.
“How many times were you raped by Stuart Kofer?”
Dyer was quick to rise and object. He should have remained quiet. “Objection, Your Honor. I object to the word ‘rape,’ which implies a—”
Jake went berserk. He turned to Dyer, took a step, and yelled, “Good God, Lowell! What