The Runaway Jury (7 page)

After thirty names, ten had been selected; nine had been struck by the plaintiff, eight by the defense, and three had been excused by the court. It was unlikely the selection would reach the fourth row, so Rohr, with one strike remaining, looked at jurors thirty-one through thirty-six, and whispered to his huddled group, “Which one stinks the most?” The fingers pointed unanimously to number thirty-four, a large, mean white woman who had scared them from day one. Wilda Haney was her name, and for a month now they had all vowed to avoid Wide Wilda. They studied their master sheet a few minutes
longer, and agreed to take numbers thirty-one, thirty-two, thirty-three, and thirty-five, not all of whom were terribly attractive, but far more so than Wide Wilda.

In a denser huddle just a few feet away, Cable and his troops agreed to strike thirty-one, take thirty-two, challenge thirty-three because thirty-three was Mr. Herman Grimes, the blind man, then take thirty-four, Wilda Haney, and strike, if necessary, number thirty-five.

NICHOLAS EASTER thus became the eleventh juror selected to hear
Wood v
.
Pynex
. When the courtroom was opened at three and the panel was seated, Judge Harkin began calling out the names of the chosen twelve. They walked through the gate in the railing and took their assigned seats in the jury box. Nicholas had chair number two on the front row. At twenty-seven, he was the second youngest juror. There were nine whites, three blacks, seven women, five men, one blind. Three alternates were seated in padded folding chairs wedged tightly together in one corner of the jury box. At four-thirty, the fifteen stood and repeated their oaths as jurors. They then listened for half an hour as Judge Harkin issued a series of stern warnings to them, and to the lawyers and parties involved. Contact with the jurors of any type or manner would result in stiff sanctions, monetary penalties, maybe a mistrial, perhaps disbarment and death.

He forbade the jurors from discussing the case with anyone, even their spouses and mates, and with a cheery smile bid them farewell, a pleasant night, see you at nine sharp tomorrow morning.

The lawyers watched and wished they could leave
too. But there was work to do. When the courtroom was cleared of everyone but lawyers and clerks, His Honor said, “Gentlemen, you filed these motions. Now we must argue them.”

Five

P
artially out of a mixture of eagerness and boredom, and partially on a hunch that someone would be waiting, Nicholas Easter slipped through the unlocked rear door of the courthouse at eight-thirty, up the seldom-used back stairs, and into the narrow hallway behind the courtroom. Most of the county offices opened at eight, so there was movement and noise to be heard on the first floor. But little on the second. He peeked into the courtroom, and found it empty of people. The briefcases had arrived and been parked haphazardly on the tables. The lawyers were probably in the back, near the coffee machine, telling jokes and preparing for battle.

He knew the turf well. Three weeks earlier, the day after he’d received his precious summons for jury duty, he had come poking around the courtroom. Finding it unused and vacant for the moment, he had explored the alleys and spaces around it; the Judge’s cramped chambers; the coffee room
where the lawyers gossiped while sitting on ancient tables strewn with old magazines and current newspapers; the makeshift witness rooms with folding chairs and no windows; the holding room where the handcuffed and dangerous waited for their punishment; and, of course, the jury room.

This morning, his hunch was correct. Her name was Lou Dell, a squatty woman of sixty in polyester pants and old sneakers and gray bangs in her eyes. She was sitting in the hallway by the door to the jury room, reading a battered romance and waiting for someone to enter her domain. She jumped to her feet, whipped out a sheet of paper from under her, and said, “Good morning. Can I help you?” Her entire face was one massive smile. Her eyes glowed with mischief.

“Nicholas Easter,” he said, as he reached for her outstretched hand. She squeezed tightly, shook with a vengeance, and found his name on her paperwork. Another, larger smile, then, “Welcome to the jury room. This your first trial?”

“Yes.”

“Come on,” she said, virtually shoving him through the door and into the room. “Coffee and doughnuts are over here,” she said, tugging at his arm, pointing to a corner. “I made these myself,” she said proudly, lifting a basket of oily black muffins. “Sort of a tradition. I always bring these on the first day, call ’em my jury muffins. Take one.”

The table was covered with several varieties of doughnuts arranged neatly on trays. Two coffeepots were filled and steaming. Plates and cups, spoons and forks, sugar, cream, sweeteners of several varieties. And in the center of the table were the jury
muffins. Nicholas took one because he had no choice.

“Been making them for eighteen years,” she said. “Used to put raisins in them, but had to quit.” She rolled her eyes up at him as if the rest of the story was just too scandalous.

“Why?” he asked, because he felt compelled.

“Gave ’em gas. Sometimes every sound can be heard in the courtroom. Know what I mean?”

I guess.

“Coffee?”

“I can get my own.”

“Fine then.” She whirled around and pointed to a stack of papers in the center of the long table. “There’s a list of instructions from Judge Harkin. He wants every juror to take one, read it carefully, and sign at the bottom. I’ll collect them later.”

“Thanks.”

“I’ll be in the hall by the door if you need me. That’s where I stay. They’re gonna put a damned deputy with me for this one, can you believe it? Just makes me sick. Probably some clod who can’t hit a barn with a shotgun. But anyway, I guess this is about the biggest one we’ve ever had. Civil, that is. You wouldn’t believe some of the criminal ones we’ve had.” She took the doorknob and yanked it toward her. “I’m out here, dear, if you need me.”

The door closed, and Nicholas gazed at the muffin. Slowly, he took a small bite. It was mostly bran and sugar, and he thought for a second about the sounds in the courtroom. He tossed it in the wastebasket and poured black coffee into a plastic cup. The plastic cups would have to go. If they planned for him to camp here for four to six weeks, then they’d have to provide real cups. And if the county
could afford pretty doughnuts, then it could certainly afford bagels and croissants.

There was no decaf coffee. He made a note of this. And no hot water for tea, just in case some of his new friends weren’t coffee drinkers. Lunch had better be good. He would not eat tuna salad for the next six weeks.

Twelve chairs were arranged neatly around the table, which was in the center of the room. The thick layer of dust he had noticed three weeks ago had been removed; the place was much tidier, and ready for use. On one wall was a large blackboard, with erasers and fresh chalk. Across the table, on the opposite wall, three large windows, from floor to ceiling, looked upon the courthouse lawn, still green and fresh though summer had ended over a month ago. Nicholas looked through a window and watched the foot traffic on the sidewalks.

The latest from Judge Harkin was a list of a few things to do, and many to avoid: Get organized. Elect a foreman, and if you are unable to do so, notify His Honor and he will be happy to select one. Wear the red-and-white Juror buttons at all times. Lou Dell would dispense these. Bring something to read during downtimes. Do not hesitate to ask for anything. Do not discuss the case among yourselves until you are instructed to do so by His Honor. Do not discuss the case with anyone, period. Do not leave the courthouse without permission. Do not use the telephones without permission. Lunch will be catered and eaten in the jury room. A daily menu will be provided each day before the trial resumes at nine. Notify the court immediately if you or anyone you know is in any way contacted with regard to your involvement in this trial. Notify the court immediately
if you see or hear or notice anything suspicious which may or may not be related to your service as a juror in this case.

Odd directions, these last two. But Nicholas knew the details of a tobacco trial in east Texas, a trial which blew up after only one week when it was discovered that mysterious agents were slinking through the small town and offering huge sums of money to relatives of jurors. The agents disappeared before they were caught, and it was never learned which side they worked for, though both made heated accusations. Cooler heads laid heavy odds that it was the work of the tobacco boys. The jury appeared to have a strong sympathy bent to it, and the defense was delighted when the mistrial was declared.

Though there was no way to prove it, Nicholas was certain Rankin Fitch was the phantom behind the payoffs. And he knew Fitch would quickly go to work on his new set of friends.

He signed the bottom of the sheet and left it on the table. There were voices in the hallway, and Lou Dell was meeting another juror. The door opened with a kick and a thud, and Mr. Herman Grimes entered first with his walking stick tapping along in front of him. His wife was close behind, not touching him but instantly inspecting the room and describing it under her breath. “Long room, twenty-five by fifteen, length in front of you, width from left to right, long table running lengthwise in center with chairs around it, nearest chair to you is eight feet.” He froze as he gathered this in, his head moving in whatever direction she was describing. Behind her, Lou Dell stood in the doorway with hands
on hips and just dying to feed the blind man a muffin.

Nicholas took a few steps and introduced himself. He grabbed Herman’s outstretched hand and they exchanged pleasantries. He said hello to Mrs. Grimes, then led Herman to the food and coffee where he poured him a cup and stirred in sugar and cream. He described the doughnuts and the muffins, a preemptive strike against Lou Dell, who lingered near the door. Herman was not hungry.

“My favorite uncle is blind,” Nicholas said for the benefit of all three. “I’d consider it an honor if you’d allow me to assist you during the trial.”

“I’m perfectly capable of handling myself,” Herman said with a trace of indignation, but his wife couldn’t conceal a warm smile. Then she winked and nodded.

“I’m sure you are,” Nicholas said. “But I know there are lots of little things. I just want to help.”

“Thank you,” he said after a brief pause.

“Thank you, sir,” his wife said.

“I’ll be outside in the hallway if you need anything,” Lou Dell said.

“What time should I come get him?” Mrs. Grimes asked.

“Five. If sooner, I’ll call.” Lou Dell was closing the door as she rattled off instructions.

Herman’s eyes were covered with dark glasses. His hair was brown, thick, well greased, and barely yielding to gray.

“There’s a bit of paperwork,” Nicholas said when they were alone. “Take a seat there in front of you and I’ll go over it.” Herman felt the table, set down his coffee, then groped for a chair. He outlined it with his fingertips, got his bearings, and sat down.
Nicholas took an instruction sheet and began reading.

AFTER SPENDING FORTUNES on the selection, the opinions came cheap. Everybody had one. The experts for the defense congratulated themselves on picking such a fine jury, though most of the puffing and posturing was done for the benefit of the legion of lawyers working round the clock. Durr Cable had seen worse juries, but he’d seen much friendlier ones too. He’d also learned many years ago that it was virtually impossible to predict what any jury would do. Fitch was happy, or as happy as he could allow himself, though that didn’t stop his bitching and snarling about everything. Four smokers were on the jury. Fitch clung to the unspoken belief that the Gulf Coast, with its topless joints and casinos and proximity to New Orleans, was not a bad place to be right now because of its tolerance for vice.

On the other side of the street, Wendall Rohr and his trial counsel declared themselves satisfied with the composition of the jury. They were especially delighted with the unexpected addition of Mr. Herman Grimes, the first blind juror in the history of anyone’s memory. Mr. Grimes had insisted on being evaluated just the same as those “with sight,” and had threatened legal action if treated differently. His hair-trigger reliance on lawsuits greatly warmed the hearts of Rohr and company, and his handicap was a plaintiff’s lawyer’s dream. The defense had objected on all imaginable grounds, including the inability to see the forthcoming exhibits. Judge Harkin had allowed the lawyers to quietly quiz Mr. Grimes about this, and he assured them he could see the exhibits if the exhibits could be sufficiently
described in writing. His Honor then decided that a separate court reporter would be used to type descriptions of the exhibits. A disc could then be fed into Mr. Grimes’ braille computer, and he could read at night. This made Mr. Grimes very happy, and he quit talking about discrimination suits. The defense softened a bit, especially when it learned that he had once smoked for many years and had no problems being around people who continued the habit.

So, both sides were cautiously pleased with their jury. No radicals had been seated. No bad attitudes had been detected. All twelve had high school diplomas, two had college degrees, and another three had accumulated credits. Easter’s written answers admitted completion of high school, but his college studies were still a mystery.

And as both sides prepared for the first full day of real trial activities, they quietly pondered the great question, the one they loved to guess about. As they looked at the seating charts and studied the faces for the millionth time, they asked over and over, “Who will be the leader?”

Every jury has a leader, and that’s where you find your verdict. Will he emerge quickly? Or will she lie back and take charge during deliberations? Not even the jurors knew at this point.

AT TEN SHARP, Judge Harkin studied the packed courtroom and decided everyone was in place. He pecked his gavel lightly and the whispers ceased. Everyone was ready. He nodded at Pete, his ancient bailiff in a faded brown uniform, and said simply, “Bring in the jury.” All eyes watched the door beside the jury box. Lou Dell appeared first, leading her
flock like a mother hen, then the chosen twelve filed in and went to their assigned seats. The three alternates took their positions in folding chairs. After a moment of settling in—adjusting seat cushions and hem lengths and placing purses and paperbacks on the floor—the jurors grew still and of course noticed that they were being gawked at.