A Time to Kill

"Sustained. Mr. Brigance, you are not to refer to facts not in evidence. The jury will disregard the last statements by Mr. Brigance."

Jake ignored Noose and Buckley and stared painfully at the jury.

When the shouting died, he continued. What about Rodeheaver? He wondered if the State’s doctor had ever engaged in sex with a girl under eighteen. Seemed silly to think about such things, didn’t it? Bass and Rodeheaver in their younger days-it seemed so unimportant now in this courtroom almost thirty years later.

The State’s doctor is a man with an obvious bias. A highly trained specialist who treats thousands for all sorts of mental illnesses, yet when crimes are involved he cannot recognize insanity. His testimony should be carefully weighed.

They watched him, listened to every word. He was not a courtroom preacher, like his opponent. He was quiet, sincere. He looked tired, almost hurt.

Lucien was sober, and he sat with folded arms and watched the jurors, all except Sisco. It was not his closing, but it was good. It was coming from the heart.

Jake apologized for his inexperience. He had not been in many trials, not nearly as many as Mr. Buckley. And if he seemed a little green, or if he made mistakes, please don’t hold it against Carl Lee. It wasn’t his fault. He was just a rookie trying his best against a seasoned adversary who tried murder cases every month. He made a mistake with Bass, and he made other mistakes, and he asked the jury to forgive him.

He had a daughter, the only one he would ever have. She was four, almost five, and his world revolved around her. She was special; she was a little girl, and it was up to him to protect her. There was a bond there, something he could not explain. He talked about little girls.

Carl Lee had a daughter. Her name was Tonya. He pointed to her on the front row next to her mother and brothers. She’s a beautiful little girl, ten years old. And she can never have children. She can never have a daughter because-"

"Objection," Buckley said without shouting.

"Sustained," Noose said.

Jake ignored the commotion. He talked about rape for a while, and explained how rape is much worse than murder. With murder, the victim is gone, and not forced to deal with what happened to her. The family must deal with it, but not the victim. But rape is much worse. The victim has a lifetime of coping, of trying to understand, of asking questions, and, the worst part, of knowing the ra**st is still alive and may someday escape or be released. Every hour of every day, the victim thinks of the rape and asks herself a thousand questions. She relives it, step by step, minute by minute, and it hurts just as bad.

Perhaps the most horrible crime of all is the violent rape of a child. A woman who is raped has a pretty good idea why it happened. Some animal was filled with hatred, anger and violence. But a child? A ten-year-old child? Suppose you’re a parent. Imagine yourself trying to explain to your child why she was raped. Imagine yourself trying to explain why she cannot bear children.

"Objection."

"Sustained. Please disregard that last statement, ladies and gentlemen."

Jake never missed a beat. Suppose, he said, your ten-year-old daughter is raped, and you’re a Vietnam vet, very familiar with an M-16, and you get your hands on one while your daughter is lying in the hospital fighting for her life. Suppose the ra**st is caught, and six days later you manage to maneuver to within five feet of him as he leaves court. And you’ve got the M-16.

What do you do?

Mr. Buckley has told you what he would do. He would mourn for his daughter, turn the other cheek, and hope the judicial system worked. He would hope the ra**st would receive justice, be sent to Parchman, and hopefully never paroled. That’s what he would do, and they should admire him for being such a kind, compassionate, and forgiving soul. But what would a reasonable father do?

What would Jake do? If he had the M-16? Blow the bastard’s head off!

It was simple. It was justice.

Jake paused for a drink of water, then shifted gears. The pained and humble look was replaced with an air of indignation. Let’s talk about Cobb and Willard. They started this mess. It was their lives the State was attempting to justify. Who would miss them except their mothers? Child ra**sts. Drug pushers. Would society miss such productive citizens? Wasn’t Ford County safer without them? Were not the other children in the county better off now that two ra**sts and pushers had been removed? All parents should feel safer. Carl Lee deserves a medal, or at least a round of applause. He was a hero. That’s what Looney said. Give the man a trophy. Send him home to his family.

He talked about Looney. He had a daughter. He also had one leg, thanks to Carl Lee Hailey. If anyone had a right to be bitter, to want blood, it was DeWayne Looney. And he said Carl Lee should be sent home to his family.

He urged them to forgive as Looney had forgiven. He asked them to follow Looney’s wishes.

He became much quieter, and said he was almost through. He wanted to leave them with one thought. Picture this if they could. When she was lying there, beaten, bloodied, legs spread and tied to trees, she looked into the woods around her. Semiconscious and hallucinating, she saw some-

one running toward her. It was her daddy, running desperately to save her. In her dreams she saw him when she needed him the most. She cried out for him, and he disappeared. He was taken away.

She needs him now, as much as she needed him then. Please don’t take him away. She waits on the front row for her daddy.

Let him go home to his family.

The courtroom was silent as Jake sat next to his client. He glanced at the jury, and saw Wanda Womack brush away a tear with her finger. For the first time in two days he felt a flicker of hope.

At four, Noose bid farewell to his jury. He told them to elect a foreman, get organized, and get busy. He told them they could deliberate until six, maybe seven, and if no verdict was reached he would recess until nine Tuesday morning. They stood and filed slowly from the courtroom. Once out of sight, Noose recessed until six and instructed the attorneys to remain close to the courtroom or leave a number with the clerk.

The spectators held their seats and chatted quietly. Carl Lee was allowed to sit on the front row with his family. Buckley and Musgrove waited in chambers with Noose. Harry Rex, Lucien, and Jake left for the office and a liquid supper. No one expected a quick verdict.

The bailiff locked them in the jury room and instructed the two alternates to take a seat in the narrow hallway. Inside, Barry Acker was elected foreman by acclamation. He laid the jury instructions and exhibits on a small table in a corner. They sat anxiously around two folding tables placed end to end.

"I suggest we take an informal vote," he said. "Just to see where we are. Any objections to that?"

There were none. He had a list of twelve names.

"Vote guilty, not guilty, or undecided. Or you can pass for now."

"Reba Betts."

"Undecided."

"Bernice Toole."

"Guilty."

"Carol Corman."

"Guilty."

"Donna Lou Peck."

"Undecided."

"Sue Williams."

"Pass."

"Jo Ann Gates."

"Guilty."

"Rita Mae Plunk."

"Guilty."

"Frances McGowan."

"Guilty."

"Wanda Womack."

"Undecided."

"Eula Dell Yates."

"Undecided, for now. I wanna talk about it."

"We will. Clyde Sisco."

"Undecided."

"That’s eleven. I’m Barry Acker, and I vote not guilty."