A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,90

never been involved in an accident. One of the most important rituals of his job was to monitor the warning lights at each crossing as the engine passed them. On the night in question, he was absolutely certain the red flashing lights were working properly. No, he did not see vehicles approaching on the highway. He felt a bump, knew something had happened, stopped the train, put it in reverse, saw the wreckage, then moved the train so rescue units could approach from both directions.

On cross, Jake revisited the large color photos of the poorly maintained lights, and asked the engineer if he expected the jury to believe that they worked “perfectly.”

Harry Rex called an expert (Murray Silerberg again) who had not only inspected the crossing system but had tested it just days after the accident. Not surprisingly, everything worked perfectly. Regardless of its age, there was no reason for the system not to work. He showed the jury a video that explained the circuitry and wiring, and everything made sense. Sure, the lights and poles could use some work, or even replacing, but their aged condition did not mean that they didn’t work. He showed another video of the crossing at night with a similar train passing. The bright reflectors practically blinded the jurors.

At the real trial, Central & Southern would be required to park a corporate officer at the defense table to represent the company. Jake couldn’t wait to get his hands on the guy. Through discovery he had obtained a stack of internal memos and reports documenting forty years of near-misses at the crossing. Drivers had been complaining. Neighbors could tell stories of close calls. Miraculously, no one had been killed, but there had been at least three accidents since 1970.

Jake planned to slaughter the executive in front of the jury, and he and Harry Rex believed it would be the most crucial part of the trial. For the mock version, though, they couldn’t create the right drama, so they had decided to prepare some stipulated facts that His Honor would simply read. Lucien finally had something to do and seemed to enjoy the moment. A nighttime accident in 1970, with the car’s driver claiming the warning lights were not working. Another one in 1982, with no injuries. Another in 1986, with the crash narrowly averted by an alert driver who managed to skid into a ditch and avoid the passing train. Six memos detailing complaints from other drivers. Three memos with complaints from people living near the crossing.

Even when recited in a flat monotone from the bench, the facts were damning enough. Some of the jurors shook their heads in disbelief as Lucien droned on.

In his closing argument, Jake hammered away at the railroad’s antiquated system and its “grossly” negligent maintenance. He waved the internal memos and reports that proved the “arrogance” of a company that cared nothing for safety. He delicately asked the jury for money, and lots of it. It was impossible to quantify with dollars the value of a human life, but they had no choice. He suggested a million dollars for each of the Smallwoods. And he asked for five million in punitive damages to punish the railroad and force it to finally upgrade the crossing.

Harry Rex disagreed. He said nine million dollars was an outrageous sum that would do nothing to help anyone. It certainly couldn’t bring back the family. The railroad had already renovated the crossing.

Jake thought Harry Rex lost some steam about halfway through his closing, and it was probably because he really wanted the nine million and felt silly trying to belittle it.

After he sat down, Judge Wilbanks read some instructions to the jurors and asked them to pay close attention to the legal concept of comparative negligence. If they were inclined to find against the railroad, then their award could be reduced because of the negligence of Taylor Smallwood, if they indeed found him to be at fault to any degree. He said that in a real trial there was no time limit on deliberations, but today they would have only one hour. Portia led them back to the jury room and made sure they had coffee.

Jake, Harry Rex, Murray Silerberg, and Nate Feathers gathered around the defense table and broke down the trial. Lucien had had enough and left. The jurors might be getting $300 for the day but he was being paid nothing.

Forty-five minutes later, Portia was back with the jury. The foreman