Witness to a Trial (The Whistler 0.5)
John Grisham
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The first witness called by the State of Florida was Clive Pickett, the rather rustic sheriff of Brunswick County, a sparsely populated corner of the Panhandle. Sheriff Pickett took the stand in full uniform and swore to tell the truth. It was his job to describe the crime scene and tell the jury what they had found.
What they had found were two dead bodies, a man and a woman, both naked and both with two shots to the head. They were in her bedroom and apparently had been caught in the act. She was married to someone else, as was he. At some time between 2:00 and 3:00 p.m. on January 17, 1995, the defendant, sitting right over there at the defense table, had allegedly barged in and found them. He was married to the woman and knew the man well.
The first large color photo, State’s Exhibit No. 1, was an exterior shot of the house, an old wood-framed dwelling located on Tinley Road, about two miles from the Tappacola reservation and thus not on tribal land but in the county and under Pickett’s jurisdiction. The sheriff explained that there were no signs of forced entry into the house. The 1984 model Ford truck sitting in the driveway belonged to the deceased gentleman, one Son Razko.
The second photo, No. 2, showed the woman lying across the bed, on her back, her head and shoulders surrounded by blood that had drenched the white sheets. As always, the defense lawyer had objected to the photo on the usual grounds of its being inflammatory, prejudicial, and so on, but his objections had been overruled. The crime-scene photos, regardless of how grisly, were always admitted. The jurors eagerly passed the second one around even as they gaped at it in horror, some looking away, unable to focus on what they were holding. Same for the third photo, Exhibit No. 3, one of the man sprawled on the floor in his own blood. The next two photos, Exhibits 4 and 5, were of the bedroom and the bodies but from different angles. By the time the photos made the rounds in the jury box, the jurors were glaring at the defendant as if they couldn’t wait to dispense the justice he deserved.
A large diagram was placed on a tripod near the jury box, and the prosecutor walked the sheriff through the layout of the house, the two acres around it, Tinley Road, and the tribal land nearby. He stressed the remoteness of the crime scene. The nearest house was three hundred yards away and not visible from the driveway.
With the stage carefully set, the prosecutor yielded the witness. Cross-examination produced nothing new and lasted only a few minutes. Sheriff Pickett was excused and, since he would not be called again, allowed to remain in the courtroom.
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The Defendant. His name was Junior Mace, a full-blooded Tappacola Indian, age thirty-seven, father of three, and husband of Eileen, the woman he was accused of killing. Until he was arrested, he had driven a truck and delivered propane for a company out of Moreville. The job paid barely enough to keep his family afloat. He and Eileen had a small mortgage on an old house, one they had bought from her parents before they died. Because he had no money, he was forced to settle for a court-appointed lawyer.
Junior was a big man, over six feet, and lean, with long dark hair that fell to his collar. The fifteen months he’d spent in jail awaiting this trial had not lightened his dark skin. For his trial he wore the same outfit every day—faded jeans and boots and a brown leather shirt with beads around both wrists. He sat straight and proud, absorbing every word without flinching, though he wanted to scream his innocence.
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The second witness was a hick cop named Willard who, in spite of being called a homicide detective, was nothing more than the senior deputy on Pickett’s slim force. In his eleven years with the sheriff, he said, he had investigated only four other murders, though this was not mentioned by the defense lawyer. For the occasion Willard wore his only sports coat, one he’d acquired years ago before packing on the last eighty pounds.
Willard told the jury that the police had immediately begun looking for Eileen’s husband, the defendant, Junior Mace, not as a suspect but as a family member. Oddly enough, a bartender fifteen miles from the crime scene had called the sheriff’s office around 7:00 p.m. and said Junior was sitting in his pickup truck, slumped over the steering wheel, too drunk to drive, and in need of help. The bartender knew Junior and said he was just trying to warn the cops and keep the roads safe. Willard and two other deputies raced to the bar and found Junior in his truck, unconscious and barely breathing. They called an ambulance and he was taken to the hospital in Walton County. After he was hauled away, Willard, without a warrant, searched his truck and found a Smith & Wesson revolver with two bullets left in the chamber. Under the front seat he also found a wallet belonging to Son Razko.
State’s Exhibit No. 6 was the Smith & Wesson, an unlicensed firearm with the registration number filed off. No. 7 was the wallet, complete with Mr. Razko’s Florida driver’s license, one credit card from a bank, one from an oil company, and $17 in cash. These were passed around the jury box.
Months earlier the defense had attacked the warrantless search on the grounds that there was no probable cause, no solid legal reason to poke around the truck. The judge, though, ruled that the search was valid; thus the gun and wallet were admissible into evidence.
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The Judge. Her name was Claudia McDover and she was forty years old. The previous year she had defeated an eighteen-year incumbent by a thousand votes. This was her first capital murder case; indeed, it was her first murder case of any variety. Before becoming a judge, she had been a small-town general practitioner with a decent reputation and modest success. Her campaign had been well financed, and she knocked on doors for months, promising, as always, a tough law-and-order courtroom. She strongly supported the death penalty and seemed determined, at least to those lawyers watching the case, to ensure a death verdict in the matter of Junior Mace.
She felt as though she owed it to her voters, all residents of rural northwest Florida.
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