A Time to Kill

"Where was that?"

"Down on Craft Road, back behind Bates Grocery."

"What did he find?"

"He found the girl’s mother, who made the call. Then drove around searchin’ for the girl."

"Did he find her?"

"No. When he returned to the house, the girl was there. She’d been found by some folks fishin’, and they took her home."

"What shape was the girl in?"

"She’d been raped and beaten."

"Was she conscious?"

"Yeah. She could talk, or mumble, a little."

"What did she say?"

Tyndale jumped to his feet. "Your Honor, please, I know hearsay is admissible in a hearing like this, but this is triple hearsay."

"Overruled. Shut up. Sit down. Continue, Mr. Childers."

"What did she say?"

"Told her momma it was two white men in a yellow pickup truck with a rebel flag in the window. That’s about all. She couldn’t say much. Had both jaws broken and her face kicked in."

"What happened then?"

"The deputy called an ambulance and she was taken to the hospital."

"How is she?"

"They say she’s critical."

"What happened then?"

"Based on what I knew at the time I had a suspect in mind."

"So what’d you do?"

"I located an informant, a reliable informant, and placed him in a beer joint down by the lake."

Childers was not one to dwell on details, especially in front of Bullard. Jake knew it, as did Tyndale. Bullard sent every case to the grand jury, so every preliminary was a formality. Regardless of the case, the facts, the proof, regardless of anything, Bullard would bind the defendant over to the grand jury. If there was insufficient proof, let the grand jury turn them loose, not Bullard. He had to be reelected, the grand jury did not. Voters got upset when criminals were cut loose. Most defense lawyers in the county waived the preliminary hearings before Bullard. Not Jake. He viewed such hearings as the best and quickest way to look at the prosecution’s case. Tyndale seldom waived a preliminary hearing.

"Which beer joint?"

"Huey’s."

"What’d he find out?"

"Said he heard Cobb and Willard, the two defendants over there, braggin’ ’bout rapin’ a little black girl." (

Cobb and Willard exchanged stares. Who was the informant? They remembered little from Huey’s.

"What’d you find at Huey’s?"

"We arrested Cobb and Willard, then we searched a pickup titled in the name of Billy Ray Cobb."

"What’d you find?"

Chapter Three

"We towed it in and examined it this mornin’. Lot of blood stains."

"What else?"

"We found a small T-shirt covered with blood."

"Whose T-shirt?"

"It belonged to Tonya Hailey, the little girl who was raped. Her daddy, Carl Lee Hailey, identified it this •nin’."

Carl Lee heard his name and sat upright. Ozzie stared straight at him. Jake turned and saw Carl Lee for the first time.

"Describe the truck."

"New yellow Ford half-ton pickup. Big chrome wheels and mud tires. Rebel flag in the rear window."

"Owned by who?"

Ozzie pointed at the defendants. "Billy Ray Cobb."

"Does it match the description given by the girl?"

"Yes."

Childers paused and reviewed his notes. "Now, Sheriff, what other evidence do you have against these defendants?"

"We talked to Pete Willard this mornin’ at the jail. He signed a confession."

"You did what!" Cobb blurted. Willard cowered and looked for help.

"Order! Order!" shouted Bullard as he banged his gavel. Tyndale separated his clients.

"Did you advise Mr. Willard of his rights?"

"Yes."

"Did he understand them?"

"Yes."

"Did he sign a statement to that effect?"

"Yes."

"Who was present when Mr. Willard made his statement?"

"Me, two deputies, my investigator, Rady, and Lieutenant Griffin with the Highway Patrol."

"Do you have the confession?"

"Yes."

"Please read it."

The courtroom was still and silent as Ozzie read the short statement. Carl Lee stared blankly at the two defendants. Cobb glared at Willard, who picked dirt off his boots.

"Thank you, Sheriff," Childers said when Ozzie finished. "Did Mr. Willard sign the confession?"

"Yes, in front of three witnesses."

"The State has nothing further, Your Honor."

Bullard shouted, "You may cross-examine, Mr. Tyndale."

"I have nothing at this time, Your Honor."

Good move, thought Jake. Strategically, for the delisten, take notes, let the court reporter record the testimony, and stay quiet. The grand jury would see the case anyway, so why bother? And never allow the defendants to testify. Their testimony would serve no purpose and haunt them at trial. Jake knew they would not testify because he knew Tyndale.

"Call your next witness," demanded the Judge.

"We have nothing further, Your Honor."

"Good. Sit down. Mr. Tyndale, do you have any witnesses?"

"No, Your Honor."

"Good. The court finds there is sufficient evidence that numerous crimes have been committed by these defendants, and the court orders Mr. Cobb and Mr. Willard to be held to await action by the Ford County grand jury, which is scheduled to meet on Monday, May 27. Any questions?"

Tyndale rose slowly. "Yes, Your Honor, we would request the court to set a reasonable bond for these de-"

"Forget it," snapped Bullard. "Bail will be denied as of now. It’s my understanding that the girl is in critical condition. If she dies, there will of course be other charges."

"Well, Your Honor, in that case, I would like to request a bail hearing a few days from now, in the hopes that her condition improves."

Bullard studied Tyndale carefully. Good idea, he thought. "Granted. A bail hearing is set for next Monday, May 20, in this courtroom. Until then the defendants will remain in the custody of the Ford County sheriff. Court’s adjourned."

Bullard rapped the gavel and disappeared. The deputies swarmed around the defendants, handcuffed them, and they too disappeared from the courtroom, into the holding room, down the back stairs, past the reporters, and into the squad car.

The hearing was typical for Bullard-less than twenty minutes. Justice could be very swift in his courtroom.

Jake talked to the other lawyers and watched the crowd file silently through the enormous wooden doors at the rear of the courtroom. Carl Lee was in no hurry to leave, and motioned for Jake to follow him. They met in the rotunda.

Carl Lee wanted to talk, and he excused himself from the crowd and promised to meet them at the hospital. He and Jake walked down the winding staircase to the first floor.

"I’m truly sorry, Carl Lee," Jake said.

"Yeah, me too."

"How is she?"

"She’ll make it."

"How’s Gwen?"

"Okay, I guess."

"How about you?"

They walked slowly down the hall toward the rear of the courthouse. "It ain’t sunk in yet. I mean, twenty-four hours ago everthing was fine. Now look at us. My little girl’s layin’ up in the hospital with tubes all over her body. My wife’s, crazy and my boys are scared to death, and all I think about is gettin’ my hands on those bastards."