A Time to Kill

The smirk on Rodeheaver’s face informed the jury that it was indeed correct.

Jake picked up another piece of paper and seemed to review it. "Do you recall testifying in the trial of a man by the name of Adam Couch in Dupree County in May of 1977?"

"I remember that case."

"It was a rape case, wasn’t it?"

"Yes."

"And you testified on behalf of the State against Mr. Couch?"

"That’s correct."

"And you told the jury that he was not legally insane?"

"That was my testimony."

"Do you recall how many doctors testified on his behalf and told the jury he was a very sick man, that he was legally insane?"

"There were several."

"Have you ever heard of the following doctors: Felix Perry, Gene Shumate, and Hobny Wicker?"

"Yes."

"Are they all qualified psychiatrists?"

"They are."

"And they all testified on behalf of Mr. Couch, didn’t they?"

"Yes."

"And they all said he was legally insane, didn’t they?"

"They did."

"And you were the only doctor in the trial who said he was not legally insane?"

"As I recall, yes."

"And what did the jury do, Doctor?"

"He was found not guilty."

"By reason of insanity?"

"Yes."

"And where is Mr. Couch today, Doctor?"

"I think he’s at Whitfield."

"And how long has he been there?"

"Since the trial, I believe."

"I see. Do you normally admit patients and keep them for several years if they are of perfectly sound mind?"

Rodeheaver shifted his weight and began a slow burn. He looked at his lawyer, the people’s lawyer, as if to say he was tired of this, do something to stop it.

Jake picked up more papers. "Doctor, do you recall the trial of a man by the name of Buddy Wooddall in Cleburne County, May of 1979?"

"Yes, I certainly do."

"Murder, wasn’t it?"

"Yes."

"And you testified as an expert in the field of psychiatry and told the jury that Mr. Wooddall was not insane?"

"I did."

"Do you recall how many psychiatrists testified on his behalf and told the jury the poor man was legally insane?"

"I believe there were five, Mr. Brigance."

"That’s correct, Doctor. Five against one. Do you recall what the jury did?"

The anger and frustration was building in the witness

stand. The wise old grandfather/professor with all the right answers was becoming rattled. "Yes, I recall. He was found not guilty by reason of insanity."

"How do you explain that, Dr. Rodeheaver? Five against one, and the jury finds against you?"

"You just can’t trust juries," he blurted, then caught himself. He fidgeted and grinned awkwardly at the jurors.

Jake stared at him with a wicked smile, then looked at the jury in disbelief. He folded his arms and allowed the last words to sink in. He waited, staring and grinning at the witness.

"You may proceed, Mr. Brigance," Noose finally said.

Moving slowly and with great animation, Jake gathered his files and notes while staring at Rodeheaver. "I think we’ve heard enough from this witness, Your Honor."

"Any redirect, Mr. Buckley?"

"No, sir. The State rests."

Noose addressed the jury. "Ladies and gentlemen, this trial is almost over. There will be no more witnesses. I will now meet with the attorneys to cover some technical areas, then they will be allowed to make their final arguments to you. That will begin at two o’clock and take a couple of hours. You will finally get the case around four, and I will allow you to deliberate until six. If you do not reach a verdict today, you will be taken back to your rooms until tomorrow. It is now almost eleven, and we’ll recess until two. I need to see the attorneys in chambers."

Carl Lee leaned over and spoke to his lawyer for the first time since Saturday’s adjournment. "You tore him up pretty good, Jake."

"Wait till you hear the closing argument."

Jake avoided Harry Rex, and drove to Karaway. His childhood home was an old country house in downtown, surrounded by ancient oaks and maples and elms that kept it cool in spite of the summer heat. In the back, past the trees, was a long open field which ran for an eighth of a mile and disappeared over a small hill. A chickenwire backstop stood over the weeds in one corner. Here, Jake had taken his first steps, rode his first bike, thrown his first football and base-

ball. Under an oak beside the field, he had buried three dogs, a raccoon, a rabbit, and some ducks. A tire from a ’54 Buick swung not far from the small cemetery.

The house had been locked and deserted for two months. A neighborhood kid cut the grass and tended the lawn. Jake checked the house once a week. His parents were somewhere in Canada in a camper-the summer ritual. He wished he were with them.

He unlocked the door and walked upstairs to his room. It would never change. The walls were covered with team pictures, trophies, baseball caps, posters of Pete Rose, Archie Manning, and Hank Aaron. A row of baseball gloves hung above the closet door. A cap and gown picture sat on the dresser. His mother still cleaned it weekly. She once told him she often went to his room and expected to find him doing homework or sorting baseball cards. She would flip through his scrapbooks, and get all teary eyed.

He thought of Hanna’s room, with the stuffed animals and Mother Goose wallpaper. A thick knot formed in his throat.

He looked out the window, past the trees, and saw himself swinging in the tire near the three white crosses where he buried his dogs. He remembered each funeral, and his father’s promises to get another dog. He thought of Hanna and her dog, and his eyes watered.

The bed was much smaller now. He removed his shoes and lay down. A football helmet hung from the ceiling. Eighth grade, Karaway Mustangs. He scored seven touchdowns in five games. It was all on film downstairs under the bookshelves. The butterflies floated wildly through his stomach.

He carefully placed his notes-his notes, not Lucien’s- on the dresser. He studied himself in the mirror.

He addressed the jury. He began by facing his biggest problem, Dr. W.T. Bass. He apologized. A lawyer walks into a courtroom, faces a strange jury, and has nothing to offer but his credibility. And if he does anything to hurt his credibility, he has hurt his cause, his client. He asked them tb believe that he would never put a convicted felon on the stand as an

expert witness in any trial. He did not know of the conviction, he raised his hand and swore to this. The world is full of psychiatrists, and he could easily have found another if he had known Bass had a problem, but he simply did not know. And he was sorry.

But what about Bass’s testimony. Thirty years ago he had sex with a girl under eighteen in Texas. Does that mean he is lying now in this trial? Does that mean you cannot trust his professional opinion? Please be fair to Bass the psychiatrist, forget Bass the person. Please be fair to his patient, Carl Lee Hailey. He knew nothing of the doctor’s past.

There was something about Bass they might like to know. Something that was not mentioned by Mr. Buckley when he was ripping the doctor to pieces. The girl he had sex with was seventeen. She later became his wife, bore him a son, and was pregnant when she and the boy were killed in a train-

"Objection!" Buckley shouted. "Objection, Your Honor. That evidence is not in the record!"