A Time to Kill

At eight, a metal detector was moved to the front doors of the courtroom, and a trio of heavily armed deputies began slowly searching and admitting the crowd of spectators that now filled the rotunda and trailed off into the halls. Inside the courtroom, Prather directed traffic, seating people on the long pews on one side of the aisle while reserving the other side for the jurors. The front pew was reserved for the family, and the second row was filled with courtroom artists who immediately began sketching the bench and the bar and the portraits of Confederate heroes.

The Klan felt obligated to make its presence known on opening day, especially to the prospective jurors as they arrived. Two dozen Kluxers in full parade dress walked quietly onto Washington Street. They were immediately stopped and surrounded by soldiers. The potbellied colonel swaggered across the street and for the first time in his life came face to face with a white-robed and white-hooded Ku Klux Klansman, who happened to be a foot taller. He then noticed the cameras, which had gravitated to this confrontation, and the bully in him vanished. His usual bark and growl was instantly replaced by a high-pitched, nervous, trembling stutter that was incomprehensible even to himself.

Ozzie arrived and saved him. "Good mornin’, fellas," he said coolly as he stepped beside the faltering colonel. "We’ve got you surrounded, and we’ve got you outnumbered. We also know we can’t keep you from being here."

"That’s right," said the leader.

"If you’ll just follow me and do as I say, we won’t have any trouble."

They followed Ozzie and the colonel to a small area on the front lawn, where it was explained that this was their turf for the trial. Stay there and stay quiet, and the colonel would personally keep the troops off them. They agreed.

As expected, the sight of the white robes aroused the blacks who were some two hundred feet away. They began shouting: "Free Carl Lee! Free Carl Lee! Free Carl Lee!"

The Klansmen shook their fists and shouted back:

"Fry Carl Lee!"

Two rows of troops lined the main sidewalk that divided the lawn and led to the front steps. Another row stood between the sidewalk and the Klansmen, and one between the sidewalk and the blacks.

As the jurors began arriving, they walked briskly through the rows of soldiers. They clutched their summonses and listened in disbelief as the two groups screamed at each other.

The Honorable Rufus Buckley arrived in Clanton and politely informed the guardsmen of who he was and what that meant, and he was allowed to park in his spot marked RESERVED FOR D.A. next to the courthouse. The reporters went wild. This must be important, someone had broken through the barricade. Buckley sat in his well-used Cadillac for a moment to allow the reporters to catch him. They surrounded him as he slammed the door. He smiled and smiled and made his way ever so slowly to the front door of the courthouse. The rapid fire of questions proved irresistible, and Buckley violated the gag order at least eight times, each time smiling and explaining that he could not answer the question he had just answered. Musgrove trailed behind carrying the great man’s briefcase.

Jake paced nervously in his office. The door was locked. Ellen was downstairs working on another brief. Harry Rex was at ,the Coffee Shop eating another breakfast and gossiping. The notecards were scattered on his desk, and he was

tired of them. He flipped through a brief, then walked to the French doors. The shouting echoed through the open windows. He returned to the desk and studied the outline of his opening comments to the prospective jurors. The first impression was critical.

He lay on the couch, closed his eyes, and thought of a thousand things he’d rather be doing. For the most part, he enjoyed his work. But there were moments, frightening moments like this one, when he wished he’d become an insurance agent or a stockbroker. Or maybe even a tax lawyer. Surely those guys didn’t regularly suffer from nausea and diarrhea at critical moments in their careers.

Lucien had taught him that fear was good; fear was an ally; that every lawyer was afraid when he stood before a new jury and presented his case. It was okay to be afraid- just don’t show it. Jurors would not follow the lawyer with the quickest tongue or prettiest words. They would not follow the sharpest dresser. They would not follow a clown or court jester. They would not follow the lawyer who preached the loudest or fought the hardest. Lucien had convinced him that jurors followed the lawyer who told the truth, regardless of his looks, words, or superficial abilities. A lawyer had to be himself in the courtroom, and if he was afraid, so be it. The jurors were afraid too.

Make friends with fear, Lucien always said, because it will not go away, and it will destroy you if left uncontrolled.

The fear hit deep in his bowels, and he walked carefully downstairs to the rest room.

"How are you, boss?" Ellen asked when.he checked on her.

"Ready, I guess. We’ll leave in a minute."

"There are some reporters waiting outside. I told them you had withdrawn from the case and left town."

"At this moment, I wish I had."

"Have you heard of Wendall Solomon?"

"Not right off hand."

"He’s with the Southern Prisoner Defense Fund. I worked under him last summer. He’s tried over a hundred capital cases all over the South. He gets so nervous before a trial he can neither eat nor sleep. His doctor gives him seda-

tives, but he’s still so jumpy no one speaks to him on opening day. And that’s after a hundred of these trials."

"How does your father handle it?"

"He has a couple of martinis with a Valium. Then he lies on his desk with the door locked and the lights off until it’s time for court. His nerves are ragged and he’s ill-tempered. Of course, a lot of that is natural."

"So you know the feeling?"

"I know it well."

"Do I look nervous?"

"You look tired. But you’ll do."

Jake checked his watch. "Let’s go."

The reporters on the sidewalk pounced on their prey. "No comment" he insisted as he moved slowly across the street toward the courthouse. The barrage continued.

"Is it true you plan to ask for a mistrial?"

"I can’t do that until the trial starts."

"Is it true the Klan has threatened you?"

"No comment."

"Is it true you sent your family out of town until after the trial?"

Jake hesitated and glanced at the reporter. "No comment."

"What do you think of the National Guard?"

"I’m proud of them."

"Can your client get a fair trial in Ford County?"

Jake shook his head, then added, "No comment."

A deputy stood guard a few feet from where the bodies had come to rest. He pointed at Ellen. "Who’s she, Jake?"

"She’s harmless. She’s with me."

They ran up the rear stairs. Carl Lee sat alone at the defense table, his back to the packed courtroom. Jean Gil-lespie was busy checking in jurors while deputies roamed the aisles looking for anything suspicious. Jake greeted his client warmly, taking special care to shake his hand, smile broadly at him, and put his hand on his shoulder. Ellen unpacked the briefcases and neatly arranged the files on the table.

Jake whispered to his client and looked around the courtroom. All eyes were on him. The Hailey clan sat handsomely in the front row. Jake smiled at them and nodded at Lester. Tbnya and the boys were decked out in their Sunday

clothes, and they sat between Lester and Gwen like perfect little statues. -The jurors sat across the aisle, and they were carefully studying Hailey’s lawyer. Jake thought this would be a good time for the jurors to see the family, so he walked through the swinging gate in the railing and went to speak to the Haileys. He patted Gwen on the shoulder, shook hands with Lester, pinched each of the boys, and, finally, hugged Tonya, the little Hailey girl, the one who had been raped by the two rednecks who got what they deserved. The jurors watched every move of this production, and paid special attention to the little girl.