A Time to Kill

Crowell zeroed in on the sheriff with the zeal and fervor of a lawyer who had just caught a witness in an obvious lie.

"Come on, Sheriff," he taunted. "We’re all listenin’. Tell the truth. What would you do to the ra**st? Tell us. Come on."

Buckley was near panic. The biggest case of his wonderful career was about to be lost, not at trial, but in the grand jury room, in the first round, at the hands of an unemployed truck driver. He stood and struggled for words. "The witness does not have to answer."

Crowell turned and shouted at Buckley, "You sit down and shut up! We don’t take orders from you. We can indict you if we want to, can’t we?"

Buckley sat and looked blankly at Ozzie. Crowell was a ringer. He was too smart to be on a grand jury. Someone must have paid him. He knew too much. Yes, the grand jury could indict anyone.

Crowell retreated and returned to the window. They watched him until it appeared he was finished.

"Are you absolutely sure he done it, Ozzie?" asked Le-moyne Frady, an illegitimate distant cousin to Gwen Hailey.

"Yes, we’re sure," Ozzie answered slowly, with both eyes on Crowell. ,

"And you want us to indict him for what?" asked Mr. Frady, the admiration for the sheriff obvious.

"Two counts of capital murder, and one count of assault on a peace officer."

"How much time you talkin’ about?" asked Barney Flaggs, another black.

"Capital murder carries the gas chamber. Assault on a deputy carries life with no parole."

"And that’s what you want, Ozzie?" asked Flaggs.

"Yeah, Barney, I say this grand jury should indict Mr. Hailey. I sure do."

"Any more questions?" interrupted Buckley.

"Not so fast," replied Crowell as he turned from the window. "I think you’re tryin’ to ram this case down our throats, Mr. Buckley, and I resent it. I wanna talk about it some. You sit down and if we need you, we’ll ask you."

Buckley glared fiercely and pointed his finger. "I don’t have to sit, and I don’t have to stay quiet!" he yelled.

"Yes. Yes, you do," Crowell answered coolly with a caustic grin. "Because if you don’t, we can make you leave, can’t we, Mr. Buckley? We can ask you to leave this room, and if you refuse, we’ll go ask the judge. He’ll make you leave, won’t he, Mr. Buckley?"

Rufus stood motionless, speechless, and stunned. His stomach turned flips and his knees were spongy, but he was frozen in place.

"So, if you would like to hear the rest of our deliberations, sit down and shut up."

Buckley sat next to the bailiff, who was now awake.

"Thank you," said Crowell. "I wanna ask you folks a question. How many of you would do or wanna do what Mr. Hailey did if someone raped your daughter, or maybe your

wife, or what about your motner now many: i cut hands."

Seven or eight hands shot up, and Buckley dropped his head. Crowell smiled and continued, "I admire him for what he did. It took guts. I’d hope I’d have the courage to do what he did, ’cause Lord knows I’d want to. Sometimes a man’s just gotta do what he’s gotta do. This man deserves a trophy, not an indictment."

Crowell walked slowly around the tables, enjoying the attention. "Before you vote, I want you to do one thing. I want you to think about that poor little girl. I think she’s ten. Try to picture her layin’ there, hands tied behind her, cryin’, beggin’ for her daddy. And think of those two outlaws, drunk, doped up, takin’ turns rapin’ and beatin’ and kickin’ her. Hell, they even tried to kill her. Think of your own daughter. Put her in the place of the little Hailey girl.

"Now, wouldn’t you say they got pretty much what they deserved? We should be thankful they’re dead. I feel safer just knowin’ those two bastards are no longer here to rape and kill other children. Mr. Hailey has done us a great service. Let’s don’t indict him. Let’s send him home to his family, where he belongs. He’s a good man who’s done a good thing."

Crowell finished and returned to the window. Buckley watched him fearfully, and when he was certain he was finished, he stood. "Sir, are you finished?" There was no response.

"Good. Ladies and gentlemen of the grand jury. I would like to explain a few things. A grand jury is not supposed to try the case. That’s what a trial jury is for. Mr. Hailey will get a fair trial before twelve fair and impartial jurors, and if he’s innocent, he’ll be acquitted. But his guilt or innocence is not supposed to be determined by the grand jury. You’re supposed to decide, after listening to the State’s version of the evidence, if there is a strong possibility a crime has been committed. Now, I submit to you that a crime has been committed by Carl Lee Hailey. Three crimes actually. He killed two men, and he wounded another. We have eyewitnesses."

Buckley was warming as he circled the tables. The confidence was back. "The duty of this grand jury is to indict him, and if he has a valid defense, he’ll have a chance to present it at trial. If he has a legal reason for doing what he did, let him prove it at trial. That’s what trials are for. The State charges him with a crime, and the State must prove at trial he committed the crime. If he has a defense, and if he can convince the trial jury, he will be acquitted, I assure you. Good for him. But it’s not the duty of this grand jury to decide today that Mr. Hailey should go free. There’ll be another day for that, right, Sheriff?"

Ozzie nodded and said, "That’s right. The grand jury is to indict if the evidence is presented. The trial jury will not convict him if the State can’t prove its case, or if he puts a good defense. But the grand jury don’t worry ’bout things like that."

"Anything further from the grand jury?" Buckley asked anxiously. "Okay, we need a motion."

"I make a motion we don’t indict him for anything," yelled Crowell.

"Second," mumbled Barney Flaggs.

Buckley’s knees quivered. He tried to speak, but nothing came forth. Ozzie suppressed his joy.

"We have a motion and a second," announced Mrs. Gossett. "All in favor raise your hands."

Five black hands went up, along with Crowell’s. Sk votes. The motion failed.

"Whatta we do now?" asked Mrs. Gossett.

Buckley spoke rapidly: "Someone make a motion to indict Mr. Hailey for two counts of capital murder and one count of assault on a peace officer."

"So move," said one of the whites.

"Second," said another.

"All in favor, raise your hands," said Mrs. Gossett. "I count twelve hands. All opposed-I count five plus mine makes six. Twelve to six. What does that mean?"

"That means he’s been indicted," Buckley replied proudly. He breathed normally again, and the color returned to his face. He whispered to a secretary, then addressed the grand jury. "Let’s take a ten-minute recess. We have about forty more cases to work on, so please don’t be gone long. I would like to remind you of something Judge Noose said this morning. These deliberations are extremely confidential.

You are not to discuss any 01 your worK ouisiue room-"

"What he’s tryin’ to say," interrupted Crowell, "is that we can’t tell anybody that he came within one vote of not gettin’ the indictments. Ain’t that right, Buckley?"

The D.A. quickly left the room and slammed the door.

Surrounded by dozens of cameras and reporters, Buckley stood on the front steps of the courthouse and waved copies of the indictments. He preached, lectured, moralized, praised the grand jury, sermonized against crime and vigilantes, and condemned Carl Lee_Hailey. Bring on the trial. Put the jury in the box. He guaranteed a conviction. He guaranteed a death penalty. He was obnoxious, offensive, arrogant, self-righteous. He was himself. Vintage Buckley. A few of the reporters left, but he labored on. He extolled himself and his trial skills and his ninety, no, ninety-five percent conviction rate. More reporters left. More cameras were turned off. He praised Judge Noose for his wisdom and fairness. He acclaimed the intelligence and good judgment of Ford County jurors.