"Does The State wish to make a rebuttal argument?" Judge DeYoung looked at Luke.
*
"Yes, Your Honor. A short rebuttal if it pleases the court." Luke walked up to the podium without notes—no pen or pad. "Ladies and gentlemen, I'd like to remind you that the reason The State is prosecuting this case is because the local DA performed a bogus investigation and closed the case. The State reopened it because of all the evidence gathered by the state investigators.
"It's been a long two-and-a-half weeks for me, and I'm certain for you, and I think you're probably tired of listening to arguments and evidence, but I'd like to clarify a few things. The State does not represent Major and Mrs. Thibault. They are aligned with The State's case, which was brought by a bill of information signed by Judge DeYoung." Luke spoke slowly and softly, then he left the podium and walked to the jury box.
"I was struck by something the defense attorney, Mr. Perkins, said in his closing argument about the Thibaults. In fact, I'm shocked and appalled, and I hope you are, too, by what he said.
"Mr. Perkins said that the Thibaults are not victims because, let me quote him, 'They had been warned for twenty years not to get married in Jean Ville.' The defense attorney asked you, 'What did they expect?'
"The defense continues to open doors for me." Luke turned and smiled at Perkins as if to say, 'Thank you.' "This is exactly the kind of talk that prompted our detectives to investigate the possibility that Mr. Thevenot had been hired to murder Susie and Rodney Thibault—'They had been warned for twenty years.'
"Who warned them? That's a question for another trial, other defendants, people who arranged posses to try to kill Major Thibault ten years ago. People who hung Major Thibault's dad, Ray, in the tree in his front yard and burned his house to the ground back in the 1960s because Rodney had the nerve to speak to Susie in public. People who hogtied and hung Major Thibault's brother, Jeffrey, in a tree in the 1970s and left him for dead. Both Ray and Jeffrey survived—more miracles.
"None of the people who did these things have been charged, indicted, or brought to trial, yet. And I say 'yet' because we are closing in on them and we believe that justice will finally be done in this parish. We intend to clean up Toussaint Parish, to rid it of crooked politicians and a network of white men with money who actually run this parish from an underground network, and who aim to keep African Americans, like Major Thibault, Marianne Massey, Lilly Franklin, and others, in a place of inferior station.
"Ladies and gentlemen, don't let that happen. The rest of the world is moving forward. There are mixed-race marriages everywhere, even in Mississippi and Alabama, and in Louisiana, cities like New Orleans and Baton Rouge. And there are black people who live next door to white people, who rise up through the ranks and become educated and serve in the military and are nurses and doctors and school teachers.
"Do you want to know why Toussaint Parish is behind the times and is still so bigoted and prejudiced? It's not because of good people like you. It's because of a few powerful white men who are controlling your parish, your politics, your money. Men who are actually telling you how to think, what to believe. Don't let them do that to you anymore. Stand up to them by doing what's right. By finding the defendant guilty.
"And trust our team in Baton Rouge to clean up the mess in this parish and in Jean Ville, so all of you can live in peace and harmony, as God intended for all of us. Thank you." Luke's voice had risen two octaves, and he was almost screaming at the end. He threw his shoulders back and walked to his seat as though he had never been more proud of himself in his life.
I was proud of him. It was all I could do to keep from applauding when he finished, and I think others felt the same, except we were all intimidated by Judge DeYoung's glare when we so much as whispered to each other, so we all kept quiet and clapped to ourselves.
*
Judge DeYoung took a deep breath and read a list of instructions to the jury. He said that ten of the twelve jurors had to agree on a verdict. He said that if any of the jurors had reason to believe that he, the judge, had given the impression that he had any opinion concerning the guilt or innocence of the defendant, they were to disregard that impression.
"Tucker Thevenot is presumed innocent until each element of the crime necessary to constitute his guilt is proven beyond a reasonable doubt." The judge read, then looked up and cited from memory. "Remember, the defendant is not required to prove that he is innocent, and he began this trial with a clean slate. The burden of proof is upon The State, and they must prove the defendant's guilt beyond a reasonable doubt." DeYoung explained that Thevenot had been charged with two counts of attempted first degree murder, and a number of other crimes. "Attempted first degree murder means that it was premeditated, planned in advance,” he said.
"If you are convinced, beyond a reasonable doubt, that Mr. Thevenot is guilty of one count, but not of the other, you must find him guilty on one and innocent on the other. If you feel The State did not prove first degree, but you're convinced that a lesser offense of attempted second degree, or attempted manslaughter, or aggravated battery should apply, then you are to find in that manner." The judge continued to instruct the jury, and they listened intently.
Superman nodded constantly, and I had begun to believe that maybe he had Parkinson's, not that he was agreeing, because he had done that nodding thing when Luke spoke and when Perkins spoke, too. The Vietnam veteran from Oregon had a wrinkled forehead as though his mind could not wrap itself around what the judge said. Blanchard, aka Jesus, had settled in over the past two weeks and looked contemplative, almost like he understood what was being said. As for the woman who was a newlywed, I thought she would shoot Thevenot if you gave her half a chance, and every now and then she'd glance at him and shake her head side-to-side. The cafeteria worker, Mrs. Jones, continued to pray.
*
The jury filed out to deliberate, and the judge told the lawyers to stay close, that if they'd like to get something to eat, he'd send someone to Charlie's Cafe to tell them when the jury was done with their deliberations.
Luke and his team packed their papers and things and followed the defense team out of the courtroom. I hugged Tootsie and the others, and they all went home. I promised to call them as soon as I knew the verdict. Once everyone was gone, two deputies handcuffed Thevenot and walked him out a side door.
I was alone in the courtroom and realized I would be alone when I heard the verdict. I sat in my seat in the gallery at the end of the first pew, up against the wall, and thought how I would feel if the jury returned a verdict of not guilty, or if they found on a lesser charge.
I didn't notice the courtroom door open as I sat hugging my purse, wide-eyed, contemplative.
"I don't want you to be alone." Luke's voice was soft and beautiful from across the room near the door. "You shouldn't be alone, Sissy." He walked a little closer, but was still a pew's length away. I didn't look up.
I had been thinking how I would feel if James were arrested. Would I be angry with Luke? Would I think it was all his fault? I thought about what he had said at the end of his closing arguments. Did I want Toussaint Parish to remain in the dark ages? Corrupt, unlawful, discriminatory? If I had to choose between my brother and the safety and happiness of everyone else in the parish, where was my heart?
"I don't want to be alone, but everyone's gone." I stared at the purse in my lap, arms still folded around it. I could feel him come closer, but I didn't want to look at him because what he'd said at the end of his closing statement haunted me. "It's because of a few powerful white men who are controlling your parish, your politics, your money…And trust our team in Baton Rouge to clean up the mess in this parish and in Jean Ville, so all of you can live in peace and harmony, as God intended for all of us." It occurred to me that this was more serious than I'd thought. Maybe James had something to do with my assault, maybe he was also involved in covering up the shooting, but was it more? And what about Daddy? Was he t
rying to protect James?
Luke sat on the end of the pew with enough room between us for six people. "Do you mind if I sit with you." He sounded tired and sad.
"Would you sit closer?" He got up and came to sit next to me.
"I am so sorry, Sissy. I never wanted things to happen this way. For you to hear what you heard in this way."
"It's not your fault, Luke." I felt a tear behind my left eyelid but refused to let it escape. "I'm just sad."
He didn't say anything, and we sat there for about thirty minutes without speaking.
"Do you want to go across the street and get a drink, made have something to eat?" He moved closer to me and put his hand on my knee, the heat penetrated my skin all the way to my feet. I felt him turn his head to look at me. "It would take your mind off of things for a little while."
"Okay." I stood up. I had still not looked at him. If I hadn't been so familiar with his voice, it could have been a perfect stranger, but when I faced him, it was Luke, and I felt safe, and not quite so sad.
*
Charlie's Cafe was full and bustling—people at tables, people on bar stools, people standing behind the people on bar stools, there were even people outside the cafe standing on the sidewalk watching the third floor of the courthouse, drinks and wine glasses in their hands.
I sat at a long table with about ten people from the state attorney general's office, including the detectives, several state troopers, two female paralegals, Peter Swan, and Luke. The defense team, and what looked like the two lawyers’ wives or girlfriends had been joined by Keith Rousseau and some of the guys who had testified about Tucker's character. They were all drinking beer and laughing.
Twice someone came running across the street and whispered to Luke. He and Peter, as well as Perkins and his partner, rushed across the street and up the two long flights of stairs to reconvene in the courtroom. They returned each time to tell us the jury had sent questions for the judge to answer.
The first time the jury asked about the difference between attempted first degree murder and attempted second degree murder. They asked the judge whether it was considered premeditated if the defendant had been hired by someone else to do the job. DeYoung explained that each case stood on its own merits, and that even though there was only one shooter identified in this case, several people could be found guilty of this crime, including the driver of the vehicle and any and all persons who might have encouraged the shooter to fire the gun. Judge DeYoung said these other people were referred to in the law as "principals."
The second time the jury wanted to see the evidence presented by Detective Rachel Fields from the State Crime Laboratory that analyzed the ballistics and trajectory. The judge showed them the posters again and asked if they needed to take them back to the deliberation room. They said, yes. Luke and Peter agreed that the jury was being deliberate and that could be a good sign for either the prosecution or the defense.
It was almost nine o'clock at night, and the jury had been in deliberation for about four hours when someone burst into the restaurant and said, "They've reached a verdict." Luke squeezed my hand and took off towards the courthouse in a lope, followed by Peter. I watched them climb the stairs as I made my way across the street.
Luke had been right—sitting next to him and being with all the people at Charlie's Cafe had, indeed, taken my mind off things for a while.
*
We all took our places in the courtroom, and the jury filed back in and took their assigned seats.
"Alright, we're back on the record in the State versus Tucker Thevenot." Judge DeYoung thanked the jury and told them he was proud of their service. "Okay, have you reached a verdict, ladies and gentlemen?"
"Yes, Your Honor, we have." A tall man in the middle of the top row stood. I looked at the roster of jurors I had made the first week and saw that his name was Richard Vanderslick. He had been selected as foreman.
"Let me take a look at it; don't unfold it, Mr. Vanderslick." The judge held out his hand, and the bailiff took the slip of folded paper from the foreman and handed it to DeYoung. He opened it, read it without a change in expression, and returned it to the bailiff, who gave it back to Vanderslick. "Would you like to read the verdict or would you like Madam Clerk to read it?"
"I'll read it, if that's okay." Vanderslick stood and faced the judge. "In count one, charge that the defendant committed attempted first degree murder in the case of Major Rodney Russell Thibault, we find the defendant, guilty."
A collective gasp went through the crowd, and I stared at Luke's back in an effort to notice any change in his posture that might indicate how he felt about the verdict.
"In the second count of attempted first degree murder in the case of Susanna Burton Thibault, we find the defendant, guilty."
This time the gasp from the gallery was an audible, "Ohhhhh." Judge DeYoung banged his gavel and demanded order. The foreman continued with the other charges of resisting arrest, aggravated flight from an officer, and two counts of first degree felony assault and battery with intent to commit murder and said the jury found the defendant guilty on all counts.
The judge asked the clerk to poll the jury and ask each juror what his or her verdict was on each count. "Okay, she will call your name, and you say yes or no." The judge handed a sheet of paper to the clerk who sat next to him.
"Count one, guilty of attempted first degree murder in the case of Rodney Russell Thibault." The clerk stood behind the bench and spoke up loudly. "On this count, is this your verdict? Juror One?
"Yes." By Juror One.
"Juror Two?"
"No."
"Juror Three?"
"Yes."
All the other jurors, with the exception of juror eleven, said, "Yes." The verdict was 10 - 2." A tight win, but a win, just the same.
“I have two ‘nos’ and ten ‘yeses,’” the clerk announced.
The second count of attempted first degree murder in the case of Susie was identical. On all the other charges, the jury voted guilty, unanimously.
The judge announced, "Proper verdict has been returned and will become the verdict of the court. Ladies and gentlemen, that concludes your service." The judge then told everyone to hold their places while the jury made their way out of the courtroom.
Once the door closed behind the last juror, aka Jesus, John Perkins stood up.
"Your Honor, we would like to move for an appeal bond, and not have our client remain in custody at this time."
"You would like a post a conviction bond, Mr. Perkins?"
"Yes, Your Honor, if it pleases the court." Perkins and his partner were both standing. Thevenot sat in his seat, looking confused. There were two deputies standing behind him, inside the fence that separated the main part of the courtroom from the spectators.
"You may file your motion, and it will be considered, Mr. Perkins." The judge looked at the defendant. "Due to the severity of the verdicts that have been returned, Mr. Thevenot is now to remain in custody with a formal motion for post conviction bond to be filed, which will be heard at the appropriate time. We will set the sentencing date for two weeks from today, at one thirty in the afternoon."
The two deputies handcuffed Thevenot's arms behind his back and led him out of a third door that was hidden by a set of curtains on the side of the prosecution's table, near the jury box. Thevenot kept looking over his shoulder at his lawyers as though he thought they should do something.
Chapter Eighteen
***
Justice
THE LOUISIANA HEAT pressed in from every corner of the earth. I was miserable and at loose ends. Luke and his team left for Baton Rouge Wednesday morning, and he said that they would be working the rest of the week and probably through the weekend on a huge case.
Susie, Rodney, and Lilly had returned to New Orleans after Rodney's testimony on Friday and said that unless they were needed in court, they were not planning to come back to Jean Ville. The da
y after the verdict, I decided to drive down to be with them. When I walked into the house on Jules Avenue, Susie and Marianne were sitting at the kitchen table, laughing and talking a mile a minute.
"Hey sisters, what's up?" I dropped my overnight bag on the floor, and they jumped up to hug me. Marianne flashed her left hand at me. On her ring finger was a sparkling diamond, about three carats. "When did you get this rock?"
"Last night." She was beaming. "It was a surprise, although we'd talked about getting married one day."
"The last time we talked about your relationship with Warner, you said you weren't sure whether you loved him." I looked from Marianne to Susie and back to Marianne. They were both still laughing.
"I guess I found out somewhere along the way." She hugged me again. "Will you be my maid of honor? Susie said she'd be my matron of honor. And I'm going to ask Lilly to be my bridesmaid."
"I'm honored." I hugged her again, and we all sat at the table.
Susie told us that she and Rodney had decided to leave Jean Ville, "For good. I'm going to put the house up for sale, Sissy. I hope you understand. You can have all the furniture from your apartment moved to the house in Baton Rouge. What you can't use from the house, we'll store here until Rod and I find a permanent home."
"I guess that means I'm leaving Jean Ville, too. I mean, unless I move back in with Dad." I suddenly felt sad again, and burdened, as though there were too many things happening at once.
"Are you okay?" Marianne took my hand and squeezed it.
"Lots going on." I looked at our hands: one white, one brown, and thought that we were not so different. Marianne and I were both in love with great guys, only I hadn't told Luke, yet. Susie loved Rodney, and Lilly loved Bobby. We should all be one, happy family; but there was a cloud that loomed over my head and, as hard as I tried to be happy for them, I was sad. "I'm really happy for you, Mari. So happy." I smiled, but I knew it wasn't my best, Sissy-smile.
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