The Runaway Jury 5 страница

The four smokers on the jury needed a break, and Lou Dell happily walked them to a room with an open window, a room next to the men's toilet, a small cubicle normally used to hold juvenile delinquents awaiting court appearances. “If you can't quit smoking after this trial, something's wrong, ” she said, in a very flat effort at humor. Not a smile from the four. “Sorry, ” she said, closing the door behind her. Jerry Fernandez, thirty-eight, a car salesman with heavy casino debts and a bad marriage, lit his first, then waved his lighter in the faces of the three women. They pulled heavy puffs and blew large clouds at the window. “Here's to Jacob Wood, ” Jerry said as a toast. Nothing from the three women. They were too busy smoking.

Mr. Foreman Grimes had already delivered one brief lecture on the illegalities of discussing the case; he simply wouldn't tolerate it because Judge Harkin was harping on it so strenuously. But Herman was in the next room, and Jerry was curious. “Wonder if ole Jacob ever tried to quit? ” he said, to no one in particular.

Sylvia Taylor-Tatum, drawing ferociously on the end of a slender, emancipated cigarette, replied, “I'm sure we're about to find out, ” then released an impressive torrent of bluish vapors from her long, pointed nose. Jerry loved nicknames, and he had already secretly tagged her as Poodle because of her narrow face, sharp protruding nose, and shaggy thick graying hair that parted perfectly in the center and fell in heavy layers to her shoulders. She was at least six feet tall, very angular, with a constant frown that kept people away. Poodle intended to be left alone.

“I wonder who's next, ” Jerry said, trying to start a conversation.

“I guess all those doctors, ” Poodle said, staring through the window.

The other two ladies simply smoked, and Jerry gave it up.

THE WOMAN'S NAME was Marlee, at least that was the alias she'd chosen to use for this period of her life. She was thirty, short brown hair, brown eyes, medium height, slim build with simple clothing carefully selected to avoid attention. She looked great in tight jeans and short skirts, she looked great in anything or nothing, really, but for the moment she wanted no one to notice her. She'd been in the courtroom on two prior occasions-once two weeks earlier when she'd sat through another trial, and once during jury selection in the tobacco case. She knew her way around. She knew where the Judge kept his office and where he ate lunch. She knew the names of the plaintiff's lawyers and those of the defense-no small task. She'd read the court file. She knew in which hotel Rankin Fitch -was hiding during the trial.

During the recess, she got herself cleared through the metal detector at the front door, and eased into the rear row of the courtroom. Spectators were stretching and lawyers were huddling and conferencing. She saw Fitch standing in a corner, chatting with two people she believed to be jury consultants. He did not notice her. There were about a hundred people present.

A few minutes passed. She carefully watched the door behind the bench, and when the court reporter came out with a cup of coffee, Marlee knew the Judge could not be far behind. She took an envelope from her purse, waited a second, then walked a few feet to one of the deputies guarding the front door. She flashed a comely smile and said, “Could you do me a favor? ”

He almost smiled in return and noticed the envelope. “I'll try. ”

“I've gotta run. Could you hand this to that gentleman over there in the corner? I don't want to interrupt him. ”

The deputy squinted in the direction she was pointing, across the courtroom. “Which one? ”

“The heavyset man in the middle, with the goatee, dark suit. ”

At this moment, the bailiff entered from behind the bench and shouted, “Court come to order! ”

“What's his name? ” the deputy asked, his voice lower.

She handed him the envelope and pointed to the name on it. “Rankin Fitch. Thanks. ” She patted him on the arm and vanished from the courtroom.

Fitch leaned down the row and whispered something to an associate, then made his way to the rear of the courtroom as the jury returned. He'd seen enough for one day. Fitch typically spent little time in the courtroom once the juries were selected. He had other means of monitoring the trial.

The deputy stopped him at the door and handed him the envelope. Fitch was startled to see his name in print. He was an unknown, a nameless shadow who introduced himself to no one and lived under an assumed name. His D. C. firm was called Arlington West Associates, about as bland and nondescript as he could imagine. No one knew his name-except of course his employees, his clients, and a few of the lawyers he hired. He glared at the deputy without muttering a “Thank you, ” then stepped into the atrium, still staring in disbelief at the envelope. The printed letters were no doubt from a feminine hand. He slowly opened it, and removed a single sheet of white paper. Printed neatly in the center was a note: “Dear Mr. Fitch: Tomorrow, juror number two, Easter, will wear a gray pullover golf shirt with red trim, starched khakis, white socks, and brown leather shoes, lace-up. ”

Jose” the driver sauntered over from a water fountain and stood like an obedient watchdog beside his boss. Fitch reread the note, then looked blankly at Jose. He walked to the door, opened it slightly, and asked the deputy to step outside the courtroom.

“What's the matter? ” the deputy asked. His position was inside, against the door, and he was a man who followed orders.

“Who gave you this? ” Fitch asked as nicely as was possible for him. The two deputies manning the metal detector were watching curiously.

“A woman. I don't know her name. ”

“When did she give it to you? ”

“Just before you left. Just a minute ago. ”

With that, Fitch looked quickly around. “Do you see her here? ”

“Nope, ” he answered after a cursory look.

“Can you describe her for me? ”

He was a cop, and cops are trained to notice things. “Sure. Late twenties. Five six, maybe five seven. Short brown hair. Brown eyes. Pretty damned good-looking. Slim. ”

“What was she wearing? ”

He hadn't noticed, but he couldn't admit it. “Uhm, a light-colored dress, sort of a beige, cotton, buttons down the front. ”

Fitch absorbed this, thought a second, asked, “What did she say to you? ”

“Not much. Just asked me to hand this to you. Then she was gone. ”

“Anything unusual about the way she talked? ”

“No. Look, I need to get back inside. ”

“Sure. Thanks. ”

Fitch and Jose descended the steps and roamed the corridors of the first floor. They walked outside and strolled around the courthouse, both smoking and acting as if they were out for a bit of fresh air.

THE VIDEO DEPOSITION of Jacob Wood had taken two and a half days to complete while he was alive. Judge Harkin, after editing the fights among the lawyers, the interruptions of the nurses, and the irrelevant portions of testimony, had pared it down nicely to a mere two hours and thirty-one minutes. It seemed like days. Listening to the poor man give his personal history of smoking was interesting, to a point, but the jurors soon wished Harkin had cut more. Jacob started smoking Redtops at the age of sixteen because all of his buddies smoked Red tops. He soon had the habit and was up to two packs a day. He quit Redtops when he left the Navy because he got married, and his wife convinced him to smoke something with a filter. She wanted him to quit. He couldn't, so he started smoking Bristols because the ads claimed lower tar and nicotine. By the age of twenty-five he was smoking three packs a day. He remembered this well because their first child was born when Jacob was twenty-five, and Celeste Wood warned him he wouldn't live to see his grandchildren if he didn't stop smoking. She refused to buy cigarettes when she shopped, so Jacob did it himself. He averaged two cartons a week, twenty packs, and he usually picked up another pack or two until he could purchase by the carton.

He'd been desperate to quit. He once put 'em down for two weeks, then sneaked out of bed at night to start again. He'd cut back a few times; to two packs a day, then to one pack a day, then before he knew it he was back to three. He'd been to doctors and he'd been to hypnotists. He tried acupuncture and nicotine gum. But he simply couldn't stop. He couldn't after he was diagnosed with emphysema, and he couldn't after he was told he had lung cancer.

It was the dumbest thing he'd ever done, and now at the age of fifty-one, he was dying for it. Please, he implored between coughs, if you're smoking, stop.

Jerry Fernandez and Poodle glanced at each other.

Jacob turned melancholy when he talked about the things he'd miss. His wife, kids, grandkids, friends, trolling for redfish around Ship Island, etc. Celeste started crying softly next to Rohr, and before long Millie Dupree, number three, next to Nicholas Easter, was rubbing her eyes with a Kleenex.

Finally, the first witness spoke his last words and the monitors went blank. His Honor thanked the jury for a fine first day, and promised more of the same tomorrow. He turned serious and launched into a dire warning against discussing this case with anyone, not even a spouse. Also, and more importantly, if anyone in any way tried to initiate contact with a juror, please report it immediately. He hammered them on this point for a good ten minutes, then dismissed them until 9 A. M.

FITCH HAD TOYED with the idea of entering Easter's apartment before, but now it was necessary. And it was easy. He sent Jose and an operative named Doyle to the apartment building where Easter lived. Easter, of course, was at the time confined to the jury box and suffering along with Jacob Wood. He was being watched closely by two of Fitch's men, just in case court was suddenly adjourned.

Jose stayed in the car, near the phone, and watched the front entryway as Doyle disappeared inside. Doyle walked up one flight of stairs and found Apartment 312 at the end of a semi-lit hallway. There was not a sound from the neighboring apartments. Everyone was at work.

He shook the loose-fitting doorknob, then held it firmly as he slid an eight-inch plastic strip down the facing. The lock clicked, the knob turned. He gently pushed the door open two inches, and waited for the alarmJo either beep or sound. Nothing. The apartment building was old and low-rent, and the fact that Easter had no alarm system didn't surprise Doyle.

He was inside in an instant. Using a small camera with a flash attachment, he quickly photographed the kitchen, den, bathroom, and bedroom. He took close-ups of the magazines on the cheap coffee table, the books stacked on the floor, the CD's on top of the stereo, and the software littered around the rather fancy PC. Being careful what he touched, he found a gray pullover golf shirt with red trim hanging in the closet, and took a photo of it. He opened the refrigerator and took a photo of the contents, then the cabinets and under the sink.

The apartment was small and cheaply furnished, but an effort was being made to keep it clean. The 'air conditioning was either turned off or out of order. Doyle photographed the thermostat. He was in the apartment less than ten minutes, long enough to shoot two rolls of film and determine that Easter in fact lived alone. There was clearly no trace of another person, especially a female.

He carefully locked the door and silently left the apartment. Ten minutes later, he was in Fitch's office.

Nicholas left the courthouse on foot, and stopped, coincidentally, at O'Reilly's Deli on the Vieux Marche, where he purchased a half-pound of smoked turkey and a container of pasta salad. He took his time walking home, no doubt enjoying the sunshine after a day inside. He bought a bottle of cold mineral water at a corner grocery and drank it as he walked. He watched some black kids play a fierce game of basketball in a church parking lot. He ducked through a small park, and for a moment almost lost his shadow. But he exited on the other side, still sipping the water and now certain he was being followed. One of Fitch's goons, Pang, a small Asian with a baseball cap, had nearly panicked in the park. Nicholas had seen him through a row of elevated boxwoods.

At his apartment door, he removed a small keypad and punched in the four-digit code. The tiny red light turned green, and he unlocked the door.

The surveillance camera was hidden in an air vent directly above the refrigerator, and from its silent perch had a complete view of the kitchen, den, and door to the bedroom. Nicholas went straight to his computer, and within seconds determined that, first, no one had attempted to turn it on, and, second, that an UAEA-unauthorized entry/apartment-had occurred at exactly 4: 52 P. M.

He took a deep breath, glanced around, and decided to inspect the place. He expected to find no evidence of entry. The door appeared no different, the knob loose and easy to force open. The kitchen and den were precisely as he'd left them. His only assets-the stereo and CD's, the TV, the computer-appeared untouched. In the bedroom, he found no evidence of either a burglar or a crime. Back at the computer, he held his breath and waited for the show. He went through a series of files, found the correct program, then stopped the surveillance video. He punched two keys to rewind it, then sent it to four fifty-two. Voild! In black and white, on the sixteen-inch monitor, the apartment door opened, and the camera turned directly to it. A narrow crack, as his visitor waited for the alarm to shriek. No alarm, then the door opened and a man entered. Nicholas stopped the video and stared at the face on his monitor. He'd never seen him before.

The video continued as the man rapidly pulled a camera from his pocket and began flashing away. He nosed around the apartment, disappeared for a moment in the bedroom, where he continued to take photos. He studied the computer for a moment, but didn't touch it. Nicholas smiled at this. His computer was impossible to enter. This thug couldn't find the power switch.

He was in the apartment for nine minutes and thirteen seconds, and Nicholas could only speculate on why he came today. His best guess was that Fitch knew the apartment would be empty until court adjourned.

The visit was not frightening, but rather expected. Nicholas watched the video again, chuckled to himself, then saved it for future use.

Seven

Fitch himself was sitting in the back of the surveillance van at eight the next morning when Nicholas Easter walked into the sunshine and looked around the parking lot. The van had a plumber's logo on the door and a fake phone number stenciled in green. “There he is, ” Doyle announced and they all jumped. Fitch grabbed the scope, focused it quickly through a blackened porthole, and said, “Damn. ”

“What is it? ” asked Pang, the Korean technician who had pursued Nicholas yesterday.

Fitch leaned toward the round window, his mouth open, top lip curled upward. “I'll be damned. Gray pullover, khakis, white socks, brown leather shoes. ”

“Same shirt in the photo? ” Doyle asked.

“Yep. ”

Pang pressed a button on a portable radio and alerted another shadow two blocks away. Easter was on foot, probably headed in the general direction of the courthouse.

He bought a large cup of black coffee and a newspaper at the same corner grocery, and sat in the same park for twenty minutes scanning the news. He wore dark sunglasses and noticed anyone who walked nearby.

Fitch went straight to his office down the street from the courthouse and huddled with Doyle, Pang, and an ex-FBI agent named Swanson. “We have to find the girl, ” Fitch said over and over. A plan was devised to keep one person in the back row of the courtroom, one outside near the top of the stairs, one near the soft-drink machines on the first floor, and one outside with a radio. They would change posts with every recess. The flimsy description of her was passed around. Fitch decided to sit exactly where he'd sat yesterday, and go through the same motions.

Swanson, an expert on surveillance, was unsure of all the fuss. “It won't work, ” he said.

“Why not? ” Fitch demanded.

“Because she'll find you. She has something she wants to talk about, so she'll make the next move. ”

“Maybe. But I wanna know who she is. ”

“Relax. She'll find you. ”

Fitch argued with him until almost nine o'clock, then walked briskly back to the courthouse. Doyle talked to the deputy, and persuaded him to point out the girl if she happened to appear again.

NICHOLAS had selected Rikki Coleman to chat with over coffee and croissants Friday morning. She was thirty and cute, married with two young children, and worked as a records administrator in a private hospital in Gulfport. She was a health nut who avoided caffeine, alcohol, and, of course, nicotine. Her flaxen hair was short, cut like a boy's, and her pretty blue eyes looked even cuter behind designer frames. She was sitting in a corner, sipping an orange juice and reading USA Today, when Nicholas zeroed in and said, “Good morning. I don't think we officially met yesterday. ”

She smiled, something she did easily, and offered a hand. “Rikki Coleman. ”

“Nicholas Easter. Nice to meet you. ”

“Thanks for lunch yesterday, ” she said with a quick laugh.

“Don't mention it. Can I sit down? ” he asked, nodding at a folding chair next to her.

“Sure. ” She laid the paper in her lap.

All twelve jurors were accounted for, and most were engaged in quiet pockets of early morning chatter. Herman Grimes sat alone at the table, in his beloved head chair, holding his coffee with both hands and no doubt listening for wayward words about the trial. Lonnie Shaver also sat alone at the table, his eyes poring over computer printouts from his supermarket. Jerry Fernandez had gone down the hall for a quick smoke with the Poodle.

“So how's jury service? ” Nicholas asked.

“Overrated. ”

“Did anyone attempt to bribe you last night? ”

“No. You? ”

“No. It's too bad, because Judge Harkin will be terribly disappointed if no one tries to bribe us. ”

“Why does he go on about this unauthorized contact? ”

Nicholas leaned forward a bit, though not too close. She leaned too and cast a wary eye at the Foreman as if he could see them. They enjoyed the closeness and privacy of their little chat, the way two physically attractive people are sometimes drawn to one another. Just a little harmless flirting. “It's happened before. Several times, ” he said, almost in a whisper. Laughter erupted by the coffeepots as Mrs. Gladys Card and Mrs. Stella Hulie found something funny in the local paper.

“What's happened before? ” Rikki asked.

“Contaminated juries in tobacco cases. In fact, it almost always happens, usually at the hands of the defense. ”

“I don't understand, ” she said, believing all and wanting much more information from the guy with two years of law school under his belt.

“There have been several of these cases around the country, and the tobacco industry has yet to get hit with a verdict. They pay millions for defense because they can't afford to lose the first time. One big plaintiff's verdict, and the floodgates open. ” He paused, looked around, and sipped his coffee. “So, they use all sorts of dirty tricks. ”

“Such as? ”

“Such as offering money to family members of jurors. Such as spreading rumors in the community that the deceased, whoever he was, had four girlfriends, beat his wife, stole from his friends, went to church only for funerals, and had a homosexual son. ”

She frowned in disbelief, so he continued. “It's true, and it's well known in legal circles. Judge Har-kin knows it, I'm sure, that's why we're getting the warnings. ”

“Can't they be stopped? ”

“Not yet. They're very smart, and shrewd, and crooked, and they leave no trail. Plus, they have millions. ” He paused as she studied him. “They watched you before jury selection. ”

“No! ”

“Of course they did. It's standard procedure in big trials. The law forbids them to directly contact any prospective juror before selection, so they do everything else. They probably photographed your house, car, kids, husband, place of employment. They might have talked to co-workers, or eavesdropped on conversations at the office or wherever you eat lunch. You never know. ”

She set her orange juice on a windowsill. “That sounds illegal, or unethical, or something. ”

“Something. But they got by with it because you had no idea they were doing it. ”

“But you knew? ”

“Yep. I saw a photographer in a car outside my apartment. And they sent a woman into the store where I work to pick a fight over our no-smoking policy. I knew exactly what they were doing. ”

“But you said direct contact was prohibited. ”

“Yes, but I didn't say they played fair. Just the opposite. They'll break any rule to win. ”

“Why didn't you tell the Judge? ”

“Because it was harmless, and because I knew what they were doing. Now that I'm on the jury, I'm watching every move. ”

With her curiosity piqued, Nicholas thought it best to save more dirt for later. He glanced at his watch and abruptly stood. “I think I'll run to the boys' room before we get back in the box. ”

Lou Dell burst into the room, rattling the door on its hinges. “Time to go, ” she said firmly, not unlike a counselor at camp with much less authority than she assumed.

The crowd had thinned to about half of yesterday's number. Nicholas scanned the spectators as the jurors sat and adjusted themselves on the worn cushions. Fitch, predictably, was sitting in the same spot, now with his head partially behind a newspaper as if he couldn't care less about the jury; couldn't give a damn what Easter was wearing. He'd stare later. The reporters had all but vanished, though they'd trickle in during the day. The Wall Street types looked to be thoroughly bored already; all were young, fresh college grads sent South because they were rookies and their bosses had better things to do. Mrs. Herman Grimes held her same position, and Nicholas wondered if she'd be there every day, hearing everything and ever ready to help her husband cast his lot.

Nicholas fully expected to see the man who'd entered his apartment, maybe not today, but at some point during the trial. The man was not in the courtroom at the moment.

“Good morning, ” Judge Harkin said warmly to the jury when everyone was still. Smiles everywhere: from the Judge, the clerks-even the lawyers, who had stopped their huddling and whispering long enough to look at the jury with phony grins. “I trust everyone is well today. ” He paused and waited for fifteen faces to nod awkwardly. “Good. Madam Clerk has informed me that everyone is ready for a full day. ” It was hard to picture Lou Dell as Madam anything.

His Honor then lifted a sheet of paper which contained a list of questions the jurors would learn to hate. He cleared his voice and stopped smiling.

“Now, ladies and gentlemen of the jury. I'm about to ask you a series of questions, very important questions, and I want you to respond if you feel the slightest need to. Also, I'd like to remind you that your failure to respond, if a response is in order, could be deemed by me as an act of contempt, punishable by a jail term. ”

He allowed this grievous warning to float around the courtroom; the jurors felt guilty just for receiving it. Convinced he'd found his mark, he then started the questions: Did anyone attempt to discuss this trial with you? Did you receive any unusual phone calls since we adjourned yesterday? Did you see any strangers watching you or any members of your family? Did you hear any rumors or gossip about any of the parties in the trial? Any of the lawyers? Any of the witnesses? Did any person contact any of your friends or family members in an effort to discuss this trial? Did any friend or family member attempt to discuss this trial with you since yesterday's adjournment? Did you see or receive any piece of written material which in any way mentioned anything to do with this trial?

Between each question in this script, the Judge would stop, look hopefully at each juror, then seemingly with disappointment, return to his list.

What struck the jurors as odd was the air of expectation surrounding the questions. The lawyers hung on every word, certain that damning responses were forthcoming from the panel. The clerks, usually busy shuffling papers or exhibits or doing a dozen things unrelated to the trial, were completely still and watching to see which juror would confess. The Judge's glowering face and arched eyebrows after each question challenged the JOHNGRISHAM integrity of every juror, and he took their silence as nothing short of deceit.

When he finished, he quietly said, “Thank you, ” and the courtroom seemed to breathe. The jurors felt assaulted. His Honor sipped coffee from a tall cup and smiled at Wendall Rohr. “Call your next witness, Counselor. ”

Rohr stood, a large brown stain in the center of his wrinkled white shirt, bow tie as crooked as ever, shoes scuffed and getting dirtier by the day. He nodded and smiled warmly at the jurors, and they couldn't help but smile at him.

Rohr had a jury consultant assigned to record everything the jurors wore. If one of the five men happened to wear cowboy boots one day, then Rohr had an old pair at the ready. Two pairs actually-pointed toe or round. He was prepared to wear sneakers if the time was right. He'd done so once before when sneakers appeared in the jury box. The Judge, not Harkin, had complained in chambers. Rohr had a foot ailment, he'd explained, and had produced a letter from his podiatrist. He could wear starched khakis, knit ties, polyester sports coats, cowboy belts, white socks, penny loafers (either shined or battered). His eclectic wardrobe was designed to connect with those now forced to sit nearby and listen to him for six hours a day.

“We'd like to call Dr. Milton Fricke, ” he announced.

Dr. Fricke was sworn and seated and the bailiff adjusted his microphone. It was soon learned that his resum6 could be measured by the pound-lots of degrees from many schools, hundreds of published articles, seventeen books, years of teaching experience, decades of research into the effects of tobacco smoke. He was a small man with a perfectly round face with black horn-rimmed glasses; he looked like a genius. It took Rohr almost an hour to cover his astounding collection of credentials. When Fricke was finally tendered as an expert, Durr Cable wanted no part of him. “We stipulate that Dr. Fricke is qualified in his field, ” Cable said, in what sounded like a major understatement.

His field had been narrowed over the years, so that Dr. Fricke now spent ten hours a day studying the effects of tobacco smoke on the human body. He was the director of the Smoke Free Research Institute in Rochester, New York. The jury soon learned that he had been hired by Rohr before Jacob Wood died, and that he had been present during an autopsy performed on Mr. Wood four hours after his death. And that he had taken some photos of the autopsy.

Rohr emphasized the existence of the photos, leaving no doubt that the jurors would see them eventually. But Rohr was not ready yet. He needed to spend time with this extraordinary expert on the chemistry and pharmacology of smoking. Fricke proved quite the professor. He treaded cautiously through ponderous medical and scientific studies, weeding out the big words and giving the jurors what they could understand. He was relaxed and thoroughly confident.

When His Honor announced the lunch recess, Rohr informed the court that Dr. Fricke would be on the stand for the remainder of the day.

Lunch was waiting in the jury room, with Mr. O'Reilly himself in charge of its presentation and readily offering apologies for what had happened the day before.

“These are paper plates and plastic forks, ” Nicholas said as they took their seats around the table. He did not sit. Mr. O'Reilly looked at Lou Dell, who said, “So? ”

“So, we specifically said we wanted to eat on real china with real forks. Didn't we say that? ” His voice was rising, and a few of the jurors looked away. They just wanted to eat.

“What's wrong with paper plates? ” Lou Dell asked nervously, her bangs shaking.

“They soak up grease, okay? They get spongy and leave stains on the table, you understand? That's why I specifically asked for real plates. And real forks. ” He took a white plastic fork, snapped it in two, and threw it in a waste can. “And what really makes me mad, Lou Dell, is that right now the Judge and all the lawyers and their clients and the witnesses and the clerks and the spectators and everybody else involved with this trial are sitting down to a nice lunch in a nice restaurant with real plates and real glasses and forks that don't snap in two. And they're ordering good food from a thick menu. That's what makes me mad. And we, the jurors, the most important people of the whole damned trial, we're stuck here like first-graders waiting to be fed our cookies and lemonade. ”

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