the best we have and you are certainly up to the task. I expect nothing less than your full cooperation and unanimous verdict. You may retire to the jury room.”
Chastened, but unmoved, the jurors retreated like first graders headed for the time-out chair.
“In recess until four p.m.”
* * *
—
THE DEFENSE TEAM huddled at the end of a cramped hallway on the first floor. They were elated but tempered their desire to celebrate.
Jake said, “Noose brought in the foreman, Regina Elmore. She said they’ve had two fights and expects more. Nobody’s giving an inch. She described the split as ‘a hard six–six’ and said everybody wants to go home.”
Carla asked, “What will happen at four?”
“Who knows? If they make it until then without killing each other, I expect Noose to lecture them again, maybe send them home for the night.”
“And you’ll move for a mistrial?” Lucien asked.
“Yes.”
Carla said, “Well, I’m going to get our daughter. See you at home.” She kissed Jake on the cheek and left. Jake looked at Portia, Libby, and Thane Sedgwick, and said, “You guys kill some time. I’m going to see Drew.”
He walked to another hallway and found Moss Junior Tatum and a local deputy sitting in chairs outside the meeting room of the Board of Supervisors. He said to them, “I’d like to see my client.” Moss Junior shrugged and opened the door.
Drew was sitting alone at the end of a long table with his jacket off, reading a Hardy Boys mystery. Jake sat across from him and said, “How you doing, pal?”
“Okay. Kinda tired of this crap.”
“Yeah, me too.”
“What’s happening out there?”
“Looks like a hung jury.”
“What does that mean?”
“It means you won’t be found guilty, which is a major win for us. It also means they’ll take you back to the jail in Clanton and you’ll wait there for another trial.”
“So we have to do this again?”
“In all likelihood, yes. Probably a few months from now. I’ll try my best to get you out, but that’s not likely.”
“Great. And I’m supposed to be happy with this?”
“Yes. It could be a lot worse.”
Jake pulled out a deck of cards and said, “How about some blackjack?”
Drew smiled and said, “Sure.”
“What’s the score?”
“You’ve won seven hundred and eighteen games. I’ve won nine hundred and eighty. You currently owe me two dollars and sixty-two cents.”
“I’ll pay you when you get out,” Jake said, and he shuffled the deck.
* * *
—
AT FOUR, THEY filed in, angry and defeated, and took their seats, careful not to brush against each other. Three of the men immediately folded their arms across their chests and glared at Jake and his client. Two of the women were red-eyed and just wanted to go home. Joey Kepner glanced at Libby with a confident smirk.
His Honor said, “Ms. Elmore, as foreman, I ask you if the jury has made any progress since two o’clock. Keep your seat.”
“No sir, not at all. Things have just gotten worse.”
“And what is the vote?”
“Six guilty of capital murder, six not guilty on all charges.”
Noose stared at them as if they had disobeyed him, and said, “Okay. I’m going to poll the jury by asking each of you one question. A simple yes or no will suffice. Nothing more is needed. Juror number one, Mr. Bill Scribner, in your opinion, can this jury reach a unanimous verdict?”
“No sir,” came the quick response.
“Number two, Mr. Lenny Poole?”
“No sir.”
“Number three, Mr. Slade Kingman?”
“No.”
“Number four, Ms. Harriet Rydell?”
“No sir.”
All twelve responded firmly in the negative, their body language more emphatic than their verbal responses.
Noose took a long pause as he scribbled some meaningless notes. He looked at the prosecutor and said, “Mr. Dyer.”
Lowell stood and said, “Judge, it’s been a long day. I suggest we recess now, let the jurors go home and rest on this for a few hours, come back in the morning and try again.”
Most if not all of the jurors shook their heads in disagreement.
“Mr. Brigance.”
Jake said, “Your Honor, the defense moves for a mistrial and the dismissal of all charges against the defendant.”
Noose said, “It appears as if further deliberations will be a waste of time. Motion granted. I declare a mistrial. The defendant will remain in the custody of the Ford County sheriff.” He rapped his gavel loudly and left the bench.
* * *
—
AN HOUR LATER, Libby Provine and Thane Sedgwick left the courthouse and headed for the airport in Memphis. Lucien was already gone. Jake and Portia loaded their files and boxes into the