by John Grisham
“We’ll do it here. It’s rather crowded back there. Besides, if we’re on the record it’s really not a confidential matter, is it?”
“I suppose not.”
Judge Oswalt nodded at the court reporter and said, “We’re now on the record. Please proceed, Mr. Wilbanks.”
“Thank you, Your Honor. This is really not a motion or a petition to the court, because the defense is not asking for any type of relief. However, I am compelled to state the following for the record so there will never be any doubt about my defense of my client. I had planned to pursue two strategies aimed at securing a fair trial for my client. First, I planned to ask the court for a change of venue. I was convinced then, as I certainly am now, that my client cannot receive a fair trial in this county. I’ve lived here my entire life, as has my father and his father, and I know this county. As we have already seen this morning, the facts of this case are well known to the friends and neighbors of Pete Banning and Dexter Bell. It will be impossible to find twelve people who are open-minded and impartial. After watching and studying the pool this morning, I am convinced that many are not exactly forthcoming with their true feelings. It is simply unfair to hold this trial in this courtroom. However, when I discussed a change of venue with my client, he strongly opposed such a move, and he still does. I would like for him to be on the record.”
Judge Oswalt looked at Pete and asked, “Mr. Banning, is this true? Are you opposed to a motion to change venue?”
Pete stood and said, “Yes, it’s true. I want my trial right here.”
“So, you have chosen to ignore the advice of your lawyer, correct?”
“I’m not ignoring my lawyer. I’m just not agreeing with him.”
“Very well. You may sit. Continue, Mr. Wilbanks.”
John rolled his eyes in frustration and cleared his throat. “Second, and even more important, at least in my opinion, is the issue of a proper defense. I had planned to notify the court that the defense would invoke a plea of insanity, but my client would have none of it. I had planned to present extensive testimony of the inhumane and, frankly, indescribable conditions that he suffered and survived during the war. I had located two psychiatric experts and was prepared to use them to evaluate my client and testify at this trial. However, once again my client refused to cooperate and instructed me not to pursue such a course.”
Judge Oswalt asked Pete, “Is this true, Mr. Banning?”
Without standing, Pete said, “I’m not crazy, Judge, and for me to try and act crazy would be dishonest.”
The judge nodded. The court reporter scribbled away. The words were being recorded for history. For the defense the words were damning enough, but it was his last utterance that would not be forgotten. Almost as an afterthought, Pete, who weighed every word in every situation, said, “I knew what I was doing.”
John Wilbanks looked at the judge and shrugged, as if in surrender.
Chapter 14
Juror number one was a mystery. James Lindsey, age fifty-three, married; occupation—none; address—a rural road out from the remote settlement of Box Hill, almost to Tyler County. His questionnaire said he was a Baptist. He had volunteered nothing during the morning session, and no one seemed to know anything about him. Neither John Wilbanks nor Miles Truitt wanted to waste a challenge, so James Lindsey became the first juror selected for the trial.
Judge Oswalt called the name of juror number two, a Mr. Delbert Mooney, one of the sprawling Mooney clan from the town of Karraway, the only other incorporated municipality in Ford County. Delbert was twenty-seven years old, had spent two years in the army fighting in Europe, and had been injured twice. John Wilbanks wanted him desperately. Miles Truitt did not, and he exercised his first peremptory challenge.
They were still in the courtroom but they were alone, just Judge Oswalt and the lawyers. The defendant had been taken back to jail for lunch, and until further orders. The bailiff, court reporter, clerks, and deputies had been banished. The final selection of the trial jurors was a confidential matter involving only the judge and the lawyers, and it was not on the record. They nibbled on sandwiches and sipped iced tea, but they were too preoccupied to enjoy lunch.
The judge called the name of juror number three, one of two women left. Some rules were written, others simply assumed. For serious crimes, the juries always comprised twelve white men. There was no discussion as to why or how this came to be; it was simply understood. John Wilbanks said, “We should remove her ‘for cause,’ don’t you think, Miles?” Miles was quick to agree. A “for cause” challenge meant the prospect was obviously unsuited for jury duty, and rather than embarrass him or her in open court with a public dismissal, the ploy of a “for cause” strike was reserved for private discussions. And, most important, it did not count as a peremptory challenge. The judge simply ruled that the person would not serve, and this discretion was never debated.
There was no urgency in their work. With very few prosecution witnesses and perhaps none for the defense, the trial, once under way, would not last long. So they worked their way through the remaining names, accepting some, culling others, arguing professionally at times, but always making steady progress. At 3:00 p.m. Judge Oswalt needed another smoke, and he decided to send word to the crowd waiting in the hallways and sitting on the stairs and loitering outdoors in the cold that the trial would begin at nine sharp the following morning. Those in the jury pool would remain nearby. At 4:30, the doors were opened. A few spectators drifted in with the jurors, and a few Negroes returned to the balcony. After the defendant was brought in and placed at the defense table, Judge Oswalt said that a jury had been selected. He called twelve names, and they made their way to the jury box and took their seats.
Twelve white men. Four Baptists; two Methodists; two Pentecostals; one Presbyterian; one Church of Christ. And two who claimed no church membership and were likely headed straight to hell.
They raised their right hands and swore to uphold their duties; then they were sent home with strict instructions to avoid talking about the case. Judge Oswalt adjourned court and disappeared. When the courtroom was empty, John Wilbanks asked Sheriff Gridley if he could have a few minutes alone with his client. It was far easier to chat at the defense table than at the jail, and Nix agreed.
As Penrod swept the floor around the spectators’ benches, and as Ernie Dowdle fiddled with his radiators, the defense team huddled with their client. Russell said, “I don’t like your demeanor in court, Pete.”
John quickly added, “You seem arrogant and aloof and the jury will pick up on this. Plus, you were disrespectful to Judge Oswalt. This cannot happen again.”
Russell said, “When the trial starts tomorrow, those jurors will spend half their time looking at you.”
“Why?” Pete asked.
“Because they’re curious. Because their job is to judge you. They’ve never done this before and they’re in awe of these surroundings. They will absorb everything, and it’s important that you look somewhat sympathetic.”
“Not sure I can do that,” Pete said.
“Well, try, okay?” John said. “Take some notes and flip through some papers. Look like you’re interested in your own case.”
“Who picked that jury?” Pete asked.
“Us. The lawyers and the judge.”
“I’m not so sure about it. Looks to me like they’ve already made up their minds. I didn’t see too many friendly faces.”
“Well, show them one, okay, Pete?” John looked away in frustration. “Remember, those folks get to decide how you spend the rest of your life.”
“That’s already been decided.”
* * *
—
Ernie’s radiators were humming along at 9:30 Tuesday morning when Miles Truitt rose to address the jury in his opening statement. The courtroom was warm and once again packed, and Ernie and Penrod crouched in a c
orner of the packed balcony and watched with great anticipation.
Everyone grew still and quiet. Truitt wore a dark brown wool suit with a vest. A gold chain dropped from a vest pocket. It was a new suit, one bought for this moment, the biggest trial of his career. He stood before the jury and offered a warm smile, then thanked them for their service to the State of Mississippi, his client. They had been carefully chosen to hear the evidence, to evaluate the witnesses, to weigh the law, and finally to decide guilt or innocence. It was a heavy responsibility, and he thanked them again.
First-degree murder was the most serious crime on the books in Mississippi. Truitt read its definition straight from the code: “The intentional, deliberate, and premeditated killing of another human being without the authority of law by any means or in any manner.” He read it a second time, slowly and loudly, each word echoing around the courtroom. And the punishment: “Upon conviction of first-degree murder, the jury shall decide to impose death by the electric chair, or life without parole.”
Truitt turned, pointed at the defendant, and said, “Gentlemen of the jury, the Reverend Dexter Bell was murdered in the first degree by Pete Banning, who now deserves to die.” It was a pronouncement that was certainly expected, but dramatic nonetheless.
Truitt talked about Dexter: his childhood in Georgia, his call to the ministry, his marriage to Jackie, his early churches, his children, his powerful sermons, his compassion for all, his leadership in the community, his popularity in Clanton. There were no blemishes on Dexter, no missteps along the way. A fine young minister dedicated to his calling and his faith, gunned down at church by an army sharpshooter. Such a waste. A loving father taken away in an instant and leaving three beautiful children behind.
The State of Mississippi would prove its case beyond a reasonable doubt, and when the witnesses were finished he, Miles Truitt, would return to this very spot and ask for justice. Justice for Dexter Bell and his family. Justice for the town of Clanton. Justice for humanity.
John Wilbanks watched the performance with admiration. True, Miles Truitt had the facts on his side and that was always a major advantage. But Truitt was subtle in his approach, understating some facts instead of taking a sledgehammer to them. The murder was so monstrous on its face that it didn’t need affected drama. As Wilbanks watched the faces of the jurors, he confirmed what he had known for a long time. There would be no sympathy for his client. And with no proof of their own, the defense was dead, as was the defendant.
The courtroom was silent as Miles Truitt sat down. Judge Oswalt looked at John Wilbanks, nodded, and said, “And for the defense.”
Wilbanks stood and fiddled with the knot of his fine silk tie as he approached the jury box. He had nothing to say, and he wasn’t about to blast away with some preposterous claim of mistaken identity or conjure up a bogus alibi. So he smiled and said, “Gentlemen of the jury, the rules of procedure in trials like this allow the defense to waive its opening statement until later when the prosecution is finished. The defense chooses to exercise this option.” He turned and nodded to the bench.
Judge Oswalt shrugged and said, “Fine with me. Mr. Truitt, please call your first witness.”
Truitt stood and bellowed, “The State of Mississippi calls Mrs. Jackie Bell to the stand.”
From the second row behind the prosecution’s table, Jackie stood and moved to the end of the pew. She was sitting with Errol McLeish, who had driven her from Rome, Georgia, on Sunday afternoon. Her parents were keeping her children. Her father had insisted on accompanying her to the trial, but she dissuaded him. Errol had volunteered and was eager to make the trip. She was staying with a friend from church, and Errol had a room at the Bedford Hotel on the Clanton square.
All eyes were on Jackie, and she was prepared for the attention. Her thin figure was wrapped tight in a slim-fitting black belted suit. She wore black suede pumps, a small black velvet half hat, and a simple string of pearls. The emphasis on black worked perfectly and she emanated grief and suffering, sort of. She was very much the widow, but a young and attractive one at that.
All twelve men watched every step as she made her approach, as did the lawyers, the judge, and virtually everyone else. Pete, though, was not impressed and kept his eyes on the floor. The court reporter swore her to tell the truth, and Jackie situated herself in the witness chair and looked at the crowd. She carefully crossed her legs and the crowd watched every move.
From behind a podium, Miles Truitt smiled at her and asked her name and address. He had coached her well and she looked sincerely at the faces of the jurors as she spoke. Other essentials followed: She was thirty-eight years old, had three children, had lived in Clanton for five years but moved to Georgia after the death of her husband. “I became a widow,” she said sadly.
“Now, on the morning of October 9 of last year, at approximately nine o’clock, where were you?”
“At home. We lived in the parsonage beside the Methodist church.”
“Where was your husband?”
“Dexter was in his office at the church, at his desk, working on his sermon.”
“Tell the jury what happened.”
“Well, I was in the kitchen, putting away dishes, and I heard some sounds I’d never heard before. Three of them, in rapid succession, as if someone on the front porch had clapped his hands loudly three times. I thought little of it, at first, but then I became curious. Then something told me to check on Dexter. I went to the phone and called his office. When he didn’t answer, I left the parsonage, walked around the front of the church and into the annex where his office was.” Her voice broke as her eyes watered. She touched her lips with the back of her hand and looked at Miles. She was holding a tissue she had taken to the stand.
He asked, “And did you find your husband?”
She swallowed hard, seemed to grit her teeth, and continued, “Dexter was at his desk, still in his chair. He’d been shot and was bleeding; there was blood everywhere.” Her voice broke again, so she paused, took a deep breath, wiped her eyes, and was ready to move on.
The only sound in the courtroom was the quiet hum and rattle of Ernie Dowdle’s radiators. No one moved or whispered. They stared at Jackie and waited patiently as she gamely pulled herself together and told her horrible story. There was no hurry. The town had been waiting for three months to hear the details of what happened that morning.
“Did you speak to him?” Miles asked.
“I’m not sure. I remember screaming and running around his desk to his chair and grabbing him and pulling him, and, well, I’m not sure of everything. It was just so awful.” She closed her eyes and lowered her head and wept. Her tears created others, and many of the women who knew her and Dexter were wiping their eyes too.
Her testimony was unnecessary. The defense offered to stipulate that Dexter Bell was in fact dead and that his death was caused by three bullets fired from a .45-caliber Colt pistol. Sympathy was irrelevant to the facts, and any evidence deemed irrelevant was by law inadmissible. However, Judge Oswalt, along with every other judge in the state, and the entire country as well, always allowed the prosecution to trot out a surviving relative or two to ostensibly prove death. The real purpose, though, was to stir up the jurors.
Jackie gritted her teeth again and plowed forward, or at least tried to. Dexter was lying on the floor, she was talking to him, but he was not responsive. She remembered running from his office covered in blood and screaming, and that’s when the deputy showed up with Hop and, well, after that, she just didn’t remember things that clearly.
Another pause as Jackie broke down, and after a painful gap seemed unable to continue. Judge Oswalt looked at Miles and said, “Mr. Truitt, I think we’ve heard enough from this witness.”
“Yes, Your Honor.”
“Any cross-examination, Mr. Wilbanks?”
“Of course not, Your Honor,” John Wilbanks said
with great sympathy.
“Thank you, Mrs. Bell, you are excused,” the judge said.
Walter Willy jumped to his feet, took her hand, and led her past the jurors and the lawyers, through the bar, and back to her pew. Judge Oswalt needed a smoke and called for a recess. The jurors were led out first, by Walter, and when they were gone the crowd relaxed and everyone wanted to talk. Many of the church folks lined up for a hug with Jackie, all eager to get their hands on her. Errol McLeish inched away from the mob and watched her from a distance. Other than Jackie, he didn’t know a soul in the courtroom and no one knew him.
* * *
—
Hop wobbled to the witness stand and swore to tell the truth. His real name was Chester Purdue, which he gave, and then explained that he’d been called Hop since childhood, for obvious reasons. Hop was beyond nervous. He was terrified, and glanced repeatedly at the balcony for support from his people. From that vantage point, testifying looked so much easier. Down here, though, with everybody staring at him, all those white people—the lawyers and judge and jurors and clerks, not to mention the crowd—well, he was instantly rattled and had trouble talking. Mr. Miles Truitt had worked with him for hours down the hall in his office. They had walked through his testimony several times, with Mr. Truitt repeatedly telling him to just relax and tell his story. He was relaxed, yesterday and the day before in Mr. Truitt’s office, but now this was the big show, with everybody watching and nobody smiling.
“Just look at me, nobody else,” Mr. Truitt had said over and over.
So Hop stared at the DA and told his story. It was a Wednesday morning and he was cleaning the stained-glass windows of the sanctuary, a job he did once a month and it took the better part of three days. He left the sanctuary and walked into the annex headed to a storage room where he kept his supplies. He passed the door to Reverend Bell’s office. It was closed and Hop knew better than to disturb the preacher in the morning. Hop did not hear voices. He did not see anyone enter the annex. As far as he knew, there were only two people in the church—him and the preacher. He was reaching for a bottle of cleaner when he heard three loud noises. All three the same and they practically shook the building. He was startled and ran into the hallway, where he heard a door open. Mr. Pete Banning stepped out of the preacher’s office holding a gun.