A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,194
witnesses had not been discussed, had not even been contemplated. And it was frightening. The defense just put plenty of points on the board, and it had more points to add. Walking away with uncalled witnesses seemed like retreating.
Jake looked at the memo and said, “The next four, starting with Dog Hickman, are the drinking buddies who’ll give the down-and-dirty details of Kofer’s last binge. They’re all here, all under subpoena, missing work and pissed off. Libby?”
“I’m sure they’ll be good for some comic relief, but do we really need them? Dr. Majeski’s testimony is much more powerful. The point-three-six BAC has been seared into the brains of the jurors and they’ll never forget it.”
“Harry Rex?”
“Agreed. You can’t be sure what these clowns might say. I’ve read your summaries and all. They’re pretty stupid and they still think they might be implicated. Plus they’ll always be sympathetic to their buddy. I’d leave ’em alone.”
Jake took a deep breath and looked at his list. “We’re running out of ammo,” he said under his breath.
“You don’t need anymore,” Lucien said.
“Dr. Christina Rooker. She examined Drew four days after the shooting. You’ve read her report. She’s ready to testify about his trauma and what an emotional and mental wreck he was. I’ve spent hours with her and she will make an impressive witness. Libby?”
“Don’t know. Still undecided about this one.”
“Lucien?”
“There’s a huge problem—”
Jake interrupted with, “And the problem is that, by putting Drew’s mental state into issue, Dyer can then call a carload of shrinks from Whitfield to rebut anything and declare him perfectly sound, both now and on March twenty-fifth. Dyer has three of them on his witness list and we’ve researched them, tracked down their testimonies. They’re always in lockstep with the State. Hell, they work for the State.”
Lucien smiled and said, “Exactly. You can’t win that fight, so don’t start it.”
“Anybody else?” Jake looked around the room and met the gaze of every member of his team. “Carla, you’re the juror.”
“Oh, I’m hardly unbiased.”
“But how many of the twelve will vote to convict Drew right now?”
“Several. But not all.”
“Portia?”
“Agreed.”
“Libby?”
“My record at predicting verdicts is less than spectacular, but I don’t see a conviction, nor an acquittal.”
“Lucien?”
He took a sip of water and stood to stretch his back. He walked to the end of the room as everyone watched and waited. He turned and said, “That girl’s testimony is the most dramatic moment I’ve ever witnessed in a courtroom. It surpasses even your closing argument in the Hailey trial. Now, if you call more witnesses, then Dyer calls more in rebuttal. Time passes, memories begin to fade, the drama lessens somewhat. You want those jurors to go home tonight and think about Kiera—young, pregnant Kiera—not some bozos drinking moonshine, not some fancy shrink with a big vocabulary, not some county deputy trying to cover for a fallen comrade. You have Dyer on the ropes, Jake; don’t make a mistake and let him wiggle free.”
The room was silent as they weighed his words. After a moment, Jake asked, “Anybody disagree?”
Eyes met eyes as they studied each other, but no one spoke.
Jake finally said, “And if we rest, then the State is done because there is nothing to rebut. Dyer will be surprised. We’ll immediately go to the jury instructions, which we’ll have ready but he won’t. Then we’ll do our closing arguments, and I’m guessing his is not quite ready. Resting this early is another ambush.”
“I love it!” Harry Rex said.
“But is it fair?” Carla asked.
“At this point, everything is fair,” Harry Rex said with a laugh.
“Yes, dear, it’s quite fair. Either side can rest with no warning to the other.”
Lucien sat down, and Jake looked at him for a long time. The others waited as they finished their chips and tea and wondered what was next. Finally, Jake asked, “And Drew? Would you put him on?”
“Never,” Harry Rex said.
“I’ve spent hours with him, Harry Rex. He can do it.”
“Dyer will eat him alive because he’s guilty, Jake. He pulled the damn trigger.”
“And he won’t deny it. But he has some zingers ready for Dyer, just like his sister. I mean, ‘I was being raped by the police’ might go down in history. Lucien?”
“I rarely put the defendant on the stand, but this kid looks so young, so harmless. It’s your call, Jake. I haven’t spent time with him.”
Carla said, “Well, I have, many hours, and I believe Drew is ready. He can tell a powerful story. He’s just a