The Runaway Jury Read online

Chapter Five

  Partially 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 paper. 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 waste-basket 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.

  "Good morning," His Honor said with a loud voice and a large smile. Most of them nodded back.

  "I trust you've found the jury room and gotten yourselves organized. " A pause, as he lifted for some reason the fifteen signed forms Lou Dell had dispensed then collected. "Do we have a foreman?" he asked. The twelve nodded in unison. "Good. Who is it?"

  "It's me, Your Honor," Herman Grimes said from the first row, and for a quick second the defense, all its lawyers and jury consultants and corporate representatives, suffered a collective chest pain. Then they breathed, slowly, but never allowing the slightest indication that they had anything but the greatest love and affection for the blind juror who was now the foreman. Perhaps the other eleven just felt sorry for the old boy.

  "Very well," His Honor said, relieved that his jury was able to reach this routine selection without apparent acrimony. He'd seen much worse. One jury, half white and half black, had been unable to elect a foreman. They later brawled over the lunch menu.

  "I trust you've read my written instructions," he continued, then launched into a detailed lecture in which he repeated twice everything he'd already put in print.

  Nicholas Easter sat on the front row, second seat from the left. He froze his face into a mask of noncommitment, and as Harkin droned on he began to take in the rest of the players. With little movement of the head, he cut his eyes around the courtroom. The lawyers, packed around their tables like vultures ready to pounce on roadkill, were, without exception, staring unabashedly at the jurors. Surely they'd tire of this, and soon.

  On the second row behind the defense sat Rankin Fitch, his fat face and sinister goatee looking straight into the shoulders of the man in front of him. He was trying to ignore Harkin's admonitions and pretending to be wholly unconcerned about the jury, but Nicholas knew better. Fitch missed nothing.

  Fourteen months earlier, Nicholas had seen him in the Cimmino courtroom in Allentown, Pennsylvania, looking then much the same as he looked now-thick and shadowy. And he'd seen him on the sidewalk outside the courthouse in Broken Arrow, Oklahoma, during the Glavine trial. Two sightings of Fitch were enough. Nicholas knew that Fitch now knew that he'd never attended college at North Texas State. He knew Fitch was more concerned about him than about any of the other jurors, and with very good reason.

  Behind Fitch were two rows of suits, sharply dressed clones with scowling faces, and Nicholas knew these to be the worried boys from Wall Street. According to the morning paper, the market had chosen not to react to the jury's composition. Pynex was holding steady at eighty bucks a share. He couldn't help but smile. If he suddenly jumped to his feet and shouted, "I think the plaintiff should get millions!" the suits would bolt for the door and Pynex would drop ten points by lunch.

  The other three-Trellco, Smith Greer, and Con-Pack-were also trading evenly.

  On the front rows were little pockets of distressed souls who Nicholas was certain had to be the jury experts. Now that the selecting was done, they moved to the next phase-the watching. It fell to their miserable lot to hear every word of every witness and predict how the jury absorbed the testimony. The strategy was that if a particular witness made a feeble or even damaging impression on the jury, then he or she could be yanked off the stand and sent home. Perhaps another, stronger witness could then be used to repair the damage. Nicholas wasn't sure about this. He'd read a lot about jury consultants, even attended a seminar in St. Louis where trial lawyers told war stories about big verdicts, but he still wasn't convinced these "cutting edge" experts were little more than con artists.

  They claimed to evaluate jurors just by watching their bodily reactions, however slight, to what was said. Nicholas managed another smile. What if he stuck his finger up his nose and left it there for five minutes? How would that little expression of body language be interpreted?

  He couldn't classify the rest of the spectators. No doubt there were a number of reporters, and the usual collection of bored local lawyers and other courthouse regulars. The wife of Herman Grimes sat midway back, beaming with pride in the fact that her husband had been elected to suc
h a lofty position. Judge Harkin stopped his rambling and pointed at Wendall Rohr, who stood slowly, buttoned his plaid jacket while flashing his false teeth at the jurors, and strode importantly to the lectern. This was his opening statement, he explained, and in it he would outline his case for the jury. The courtroom was very quiet.

  They would prove that cigarettes cause lung cancer, and, more precisely, that the deceased, Mr. Jacob Wood, a fine fellow, developed lung cancer after smoking Bristols for almost thirty years. The cigarettes killed him, Rohr announced solemnly; tugging at a pointed patch of gray beard below his chin. His voice was raspy but precise, capable of floating up and down to hit the right dramatic pitch. Rohr was a performer, a seasoned actor whose crooked bow tie and clicking dentures and mismatched clothing were designed to endear him to the average man. He wasn't perfect. Let the defense lawyers, in their impeccable dark suits and rich silk ties, talk down their long noses at these jurors. But not Rohr. These were his people.

  But how would they prove cigarettes cause lung cancer? There'd be lots of proof, really. First, they would bring in some of the most distinguished cancer experts and researchers in the country. Yes, that's right, these great men were on their way to Biloxi to sit and chat with this jury and explain unequivocally and with mountains of statistics that cigarettes do in fact cause cancer.

  Then, and Rohr couldn't suppress a wicked smile as he prepared to reveal this, the plaintiff would present to the jury people who'd once worked for the tobacco industry. Dirty laundry would be aired, right there in that very courtroom. Damning evidence was on the way.

  In short, the plaintiff would prove cigarette smoke, because it contains natural carcinogens, and pesticides, and radioactive particles, and asbestos-like fibers, causes lung cancer.

  At this point, there was little doubt in the courtroom that Wendall Rohr could not only prove this, but would be able to prove it without much trouble. He paused, tugged at the ends of his bow tie with all ten chubby fingers, and glanced at his notes, then, very solemnly, began talking about Jacob Wood, the deceased. Beloved father and family man, hard worker, devout Catholic, member of the church softball team, veteran. Started smoking when he was just a kid who, like everyone else back then, was not aware of the dangers. A grandfather. And so on.

  Rohr got overly dramatic for a moment, but seemed to know it. He briefly covered the area of damages. This was a big trial, he announced, one of vast importance. The plaintiff expected, and would certainly ask for, a lot of money. Not just actual damages-the economic value of Jacob Wood's life, plus his family's loss of his love and affection-but also-punitive damages.

  Rohr rambled on a bit about punitive damages, seemed to lose his place a few times, and it was clear to most of the jurors that he was so inspired by the prospect of a huge punitive verdict that he lost his concentration.

  Judge Harkin, in writing, had allowed one hour for each side's opening statement. And had promised, in writing, to cut off any lawyer who ran over. Though he suffered from the common lawyerly affliction of overkill, Rohr knew not to mess with His Honor's clock. He finished in fifty minutes with a somber appeal for justice, thanked the jurors for their attention, smiled and clicked his dentures, and sat down.

  Fifty minutes in a chair with no conversation and precious little movement feels like hours, and Judge Harkin knew it. He announced a recess for fifteen minutes, to be followed by the defendant's opening statement.

  DURWOOD CABLE finished his remarks in under thirty minutes. He coolly and deliberately assured the jurors that Pynex had experts of its own, scientists and researchers who would clearly explain that cigarettes in fact do not cause lung cancer. The skepticism of the jurors was expected, and Cable asked only for their patience and open-mindedness. Sir Durr spoke without the benefit of notes, and each word was drilled into the eyes of a juror. His eyes moved down the first row, then up slightly to the second, taking in their curious gazes one at a time. His voice and stare were almost hypnotic, but honest. You wanted to believe this man.