A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,94

commonly used, especially by lazy or busy lawyers. It read: “List the full name, complete address, and phone number of any and all persons with knowledge of the alleged facts of this case.”

Also known as “the Round-Up,” it was a much debated, and hated, tactic that punished lawyers who worked overtime and dug for the facts. Under the rules of discovery, trials were supposed to be free of ambushes. Each side swapped all information and it was laid in a transparent fashion before the jury. That was the theory, anyway, the goal. But the new rules created unfair practices, and the Round-Up was widely despised. It said, in other words: “Work diligently to learn all the facts, then hand them to the other side on a platter.”

Two days after receiving the second set of interrogatories, Jake finally placed the investigator’s report on the large, messy desk in front of Harry Rex. He picked it up, read it, dropped it, and without hesitation said, “There goes the lawsuit. There goes the case. Why did you find this clown?”

“I was simply doing my job.” As Jake told the story of finding Nickel, Harry Rex kicked back in his chair and stared at the ceiling. “Devastating,” he mumbled more than once.

When Jake finished, he mentioned the last set of interrogatories. Without a thought, Harry Rex said, “We are not going to mention this guy. Ever. Okay?”

“Fine with me. As long as we understand the risks.”

* * *

—

THREE MONTHS LATER, the man in the dark suit was back.

As the clerk assembled and organized the crowd of prospective jurors, and as the lawyers in their courtroom suits situated themselves around their tables and dug in for battle, and as the courthouse regulars found their places in the pews and chatted excitedly about the big trial, Sean Gilder stepped over to Jake and whispered, “We need to see the judge. It’s important.”

Jake was half expecting the usual last-minute maneuvering and was not alarmed. “What is it?”

“I’ll explain back there.”

Jake motioned for Mr. Pete, the ancient courtroom deputy, and said they needed to see Noose, who was still in chambers. Seven lawyers followed Mr. Pete out of the courtroom. They gathered before Judge Noose, who was putting on his black robe and seemed eager to start a big trial. He looked at the grim faces of Sean Gilder, Walter Sullivan, and the other lawyers, and said, “Morning, gentlemen. What’s the issue?”

Gilder was holding some papers, and he sort of waved them at His Honor. “Judge, this is a motion for a continuance that we are filing right now and asking the court to grant.”

“Grounds?”

“This may take a few moments, Judge. Perhaps we should sit down.”

Noose gestured awkwardly at the chairs around his conference table and everybody found one.

“Proceed.”

“Judge, last Friday my co-counsel, Mr. Walter Sullivan, was approached by a man who claimed to be an important witness to this accident. His name is Neal Nickel and he lives near Nashville. Mr. Sullivan?”

Walter eagerly jumped in. “Judge, the guy walked into my office and said he really needed to talk to me about the case. We had coffee and he described how he saw the Smallwood car hit the train on that terrible night. He saw it all, the perfect eyewitness.”

Jake’s heart and lungs were frozen and he felt ill. Harry Rex glared at Sullivan and wished he had a gun.

“A crucial issue here is whether or not the warning lights were working properly. The two railroad employees on the train swear they were flashing. One witness says they were not. Mr. Nickel is certain that they were working. However, for reasons he can explain, he did not approach an officer that night and, until now, has told no one about the incident. Obviously, he is an important witness, one that we should have the right to depose.”

Noose said bluntly, “Discovery is over. The deadline was months ago. Looks like you should’ve found this witness before now.”

Gilder took over. “True, Your Honor, but there is another problem. Back during discovery we filed, on time, some interrogatories, and one requested the names of all witnesses. When Mr. Brigance filed his responses, he did not mention Neal Nickel. Not a word. However, Mr. Nickel will tell you that he was approached last November by a private investigator working for a lawyer in Clanton, Mississippi. Didn’t have his name but it was most certainly not Walter Sullivan. We quickly found the investigator and he confirmed that he was hired and