A time to kill

"Simple statistics! This county is twenty-six percent black. Every other county in the Twenty-second is at least thirty percent black. Van Buren County is forty percent. That means more black jurors, potentialjurors.. If you get it moved, you have a better chance for blacks in the jury box. If it's tried here, you run the risk of an all-white jury, and believe me, I've seen enough all-white juries in this county. All you need is one black to hang it and get a mistrial."

"But then it'll be retried." ' '

"Then hang it again. They'll give up after three trials. A hung jury is the same as a loss on Buckley's scorecard. He'll quit after the third trial."

"So I simply tell Noose I want the trial moved to a blacker county so I can get a blacker jury."

"You can if you want to, but I wouldn't. I'd go through

the usual crap about pretrial publicity, a biased community, and on and on."

"And you don't think Noose'11 buy it."

"Naw. This case is too big, and it'll get bigger. The press has intervened and already started the trial. Everyone's heard of it, and not just in Ford County. You couldn't find a person in this state without a preconceived notion of guilt or innocence. So why move it to another county?"

"Then why should I request it?"

"Because when that poor man is convicted, you'll need something to argue on appeal. You can claim he was denied a fair trial because venue was not changed."

"Thanks for the encouragement. What're the chances of getting it moved to another district, say somewhere in the delta?"

"Forget it. You can request a change of venue, but you cannot request a certain location."

Jake didn't know that. He usually learned something during these visits. He nodded confidently and studied the old man with the long, dirty gray beard. There had never been a time when he stumped Lucien on a point of criminal law.

"Sallie!" Lucien screamed, throwing his ice cubes into the shrubs.

"Who's Sallie?"

"My maid," he replied as a tall, attractive black lady opened the screen door and smiled at Jake.

"Yeah, Lucien?" she answered.

"My glass is empty."

She walked elegantly across the porch and took his glass. She was under thirty, shapely, pretty, and very dark. Jake ordered iced tea.

"Where'd you find her?" he asked.

Lucien stared at the courthouse.

"Where'd you find her?"

"I dunno."

"How old is she?"

Lucien was silent.

"She live here?"

No response.

"How much do you pay her?"

"Why is it any of your business? More than you pay Ethel. She's a nurse too, you know."

Sure, Jake thought with a grin. "I'll bet she does a lot of things."

"Don't worry about it."

"I take it you're not thrilled with my chances for an acquittal."

Lucien reflected a moment. The maid/nurse returned with the whiskey and tea.

"Not really. It will be difficult."

"Why?"

"Looks like it was premeditated. From what I gather it was well planned. Right?"

"Yes."

"I'm sure you'll plead insanity."

"I don't know."

"You must plead insanity," Lucien lectured sternly. "There is no other possible defense. You can't claim it was an accident. You can't say he shot those two boys, handcuffed and unarmed, with a machine gun in self-defense, can you?"

"No."

"You won't create an alibi and tell the jury he was at home with his family?"

"Of course not."

"Then what other defense do you have? You must say he was crazy!"

"But, Lucien, he was not insane, and there's no way I can find some bogus psychiatrist to say he was. He planned it meticulously, every detail."

Lucien smiled and took a drink. "That's why you're in trouble, my boy."

Jake sat his tea on the table and rocked slowly. Lucien savored the moment. "That's why you're in trouble," he repeated.

"What about the jury? You know they'll be sympathetic."

"That's exactly why you must plead insanity. You must give the jury a way out. You must show them a way to find him not guilty, if they are so inclined. If they're sympathetic, if they want to acquit, you must provide them with a defense

tney can use to do it. It makes no difference if they believe the insanity crap. That's not important in the jury room. What's important is that the jury have a legal basis for an acquittal, assuming they want to acquit."

"Will they want to acquit?"

"Some will, but Buckley will make an awfully strong case of premeditated murder. He's good. He'll take away their sympathy. Hailey'll be just another black on trial for killing a white man when Buckley gets through with him."

Lucien rattled his ice cubes and stared at the brown liquid. "And what about the deputy? Assault with intent to kill a peace officer carries life, no parole. Talk your way out of that one."

"There was no intent."

"Great. That'll be real convincing when the poor guy hobbles to the witness stand and shows the jury his nub."

"Nub?"

"Yes. Nub. They cut his leg off last night."

"Looney!"

"Yes, the one Mr. Hailey shot."

"I thought he was okay."

"Oh he's fine. Just minus a leg."

"How'd you find out?"

"I've got sources."