by John Grisham
As the first day of testimony came to a close, Pankey called it a draw. Two fine lawyers had performed well and the jurors had not missed a word.
With Ancil unable to talk, Lucien spent the day in a rented car touring glaciers and fjords in the mountains around Juneau. He was tempted to leave, to hustle back to Clanton for the trial, but he was also quite taken with the beauty of Alaska, and the cool air and near-perfect climate. It was already heating up in Mississippi, with longer days and stickier air. As he ate lunch at a hillside café, the Gastineau Channel stretched magnificently below him, he made the decision to leave tomorrow, Wednesday.
At some point, and soon, Jake would inform Judge Atlee that Ancil Hubbard had been located, and verified, though the verification was shaky because the subject might change his mind at any moment and adopt another alias. Lucien doubted this, though, because Ancil was thinking about the money. Such a revelation would not affect the trial. Wade Lanier was right: Ancil had nothing to say about his brother’s will or testamentary capacity. So Lucien would leave him to his own problems. He suspected Ancil might serve a few months in prison. If he got lucky and found a good lawyer, he might walk entirely. Lucien was convinced the search and seizure of the cocaine was a clear violation of the Fourth Amendment. Suppress the search, eliminate the cocaine, and Ancil would be free again. If Jake won the trial, Ancil might one day make his long-deferred return to Ford County and claim his share of the estate.
If Jake lost, Ancil would disappear into the night, never to be found again.
After dark, Lucien went to the hotel bar and said good evening to Bo Buck, the bartender, who was now a close friend. Bo Buck had once been a judge in Nevada before things conspired to wreck his life, and he and Lucien enjoyed swapping stories. They talked for a moment as Lucien waited on his first Jack and Coke. He took it to a table and sat down, alone and loving the solitude. Just a man and his sour mash. A minute later, Ancil Hubbard materialized from nowhere and sat across the table.
“Evening Lucien,” he said casually.
Startled, Lucien stared at him for a few seconds to make sure. He was wearing a baseball cap, a sweatshirt, and jeans. That morning he’d been unconscious in a hospital bed with tubes running everywhere.
“Didn’t expect to see you here,” Lucien said.
“I got tired of the hospital, so I walked out. I guess I’m a fugitive, but that’s nothing new. I kinda like being on the run.”
“What about your head, and the infection?”
“My head’s sore, though not nearly as sore as they thought. Remember, Lucien, I was scheduled to go from the hospital to the jail, a transfer I preferred not to make. Let’s just say I wasn’t nearly as unconscious as they thought. The infection is under control.” He pulled out a bottle of pills. “When I left I took my antibiotics. I’ll be all right.”
“How’d you leave?”
“Walked out. They rolled me downstairs for a scan. I went to the restroom. They thought I couldn’t walk, so I ran down some steps, found the basement, found a locker room, changed clothes. Came out through the service ramp. Cops were swarming last time I checked. I was drinking coffee across the street.”
“This is a small town, Ancil. You can’t hide for long.”
“What do you know about hiding? I have some friends.”
“You want something to drink?”
“No, but I’d love a burger and fries.”
Harry Rex scowled at the witness and demanded, “Did you touch his penis?”
Lettie looked away, embarrassed, then managed a tepid “Yes, yes I did.”
“Of course you did, Lettie,” Jake said. “He was unable to bathe himself, so you had to do it, and you did it more than once. A bath means bathing the entire body. He couldn’t do it; you had to. There was nothing intimate or even remotely sexual about it. You were simply doing your job.”
“I can’t do this,” Lettie said, looking helplessly at Portia. “He won’t ask me these questions, will he?”
“He damned sure will,” Harry Rex growled. “He’ll ask you these and many more and you’d better be ready with the answers.”
“Let’s take a break,” Jake said.
“I need a beer,” Harry Rex said, climbing to his feet. He stomped out of the room as if he were sick of them all. They had been rehearsing for two hours and it was almost 10:00 p.m. Jake asked the easy questions on direct examination, and Harry Rex grilled her relentlessly on cross. At times he was too rough, or rougher than Atlee would allow Lanier to be, but better to be ready for the worst. Portia sympathized with her mother, but she was also frustrated by her fragility. Lettie could be tough, then she would fall apart. There was no confidence that her testimony would go smoothly.
Remember the rules, Lettie, Jake kept saying. Smile, but nothing phony. Speak clearly and slowly. It’s okay to cry if you feel real emotion. If you’re not sure, don’t speak. The jurors are watching intently, and they miss nothing. Look at them occasionally, but with confidence. Don’t let Wade Lanier rattle you. I’ll always be there to protect you.
Harry Rex wanted to scream another piece of advice: “We’re talking about twenty-four million bucks here, so put on the performance of a lifetime!” But he controlled himself. When he returned with a beer, Portia said, “We’ve had enough, Jake. We’ll go home and sit on the porch and talk some more, and we’ll be here early in the morning.”
“Okay. I think we’re all tired.”
After they left, Jake and Harry Rex went upstairs and sat on Jake’s balcony. The night was warm but clear, a perfect spring night that was difficult to appreciate. Jake sipped a beer and relaxed for the first time in many hours.
“Any word from Lucien?” Harry Rex asked.
“No, but I forgot to check the phone messages.”
“We’re lucky, you know. Lucky he’s in Alaska and not sitting right here carping about everything that went wrong today.”
“That’s your job, right?”
“Right, but I got no complaints, so far. You had a good day, Jake. You made a good opening statement, one the jury heard and appreciated, then you called twelve witnesses, and not a one got burned. The evidence leans strongly in your favor, at least at this point. You couldn’t have asked for a better day.”
“And the jury?”
“They like you, but it’s too early to speculate on how much they like or dislike Lettie. Tomorrow will be revealing.”
“Tomorrow is crucial, buddy. Lettie can win the case, or she can lose it.”
43
The lawyers met with Judge Atlee in his chambers at 8:45 Wednesday morning and agreed there were no pending motions or issues to iron out before the trial proceeded. For the third day in a row, His Honor was spry, almost hyper, as if the excitement of a big trial had rejuvenated him. The lawyers had been up all night, either working or worrying, and looked as frayed as they felt. The old judge, though, was ready to go.
In the courtroom he welcomed everyone, thanked the spectators for their keen interest in our judicial system, and told the bailiff to bring in the jurors. When they were seated, he greeted them warmly and asked if there were any problems. Any unauthorized contact? Anything suspicious? Everyone feeling okay? Very well, Mr. Brigance, proceed.
Jake stood and said, “Your Honor, the proponents call Ms. Lettie Lang.”
Portia had told her not to wear anything fitting or tight or even remotely sexy. Early that morning, long before breakfast, they had argued about the dress. Portia won. It was a navy-blue cotton dress with a loose belt, a nice enough dress but one that a housekeeper might wear to work, nothing Lettie would wear to church. The shoes were low-heeled sandals. No jewelry. No watch. Nothing to indicate she had a spare dime or might be contemplating a haul of cash. In the past month she had stopped tinting her gray hair. It was natural now, and she looked all of her forty-seven years.
She was practically stuttering by the time she swore to tell the truth. She looked at Portia sitting behind Jake’s chair. Her da
ughter gave her a smile-a signal that she should smile too.
The packed courtroom was silent as Jake approached the podium. He asked her name, address, place of employment-softballs that she handled well. Names of children and grandchildren. Yes, Marvis, her oldest, was in prison. Her husband was Simeon Lang, now in jail, awaiting prosecution. She had filed for divorce a month earlier and expected it to become final in a few weeks. Some background-education, church, prior jobs. It was all scripted and at times her answers sounded stiff and rote, even memorized, which they were. She glanced at the jurors, but was rattled when she realized they were staring right back. As her handlers had discussed, when she felt nervous she was to look directly at Portia. At times, she couldn’t take her eyes off her daughter.
Jake eventually made it to the subject of Mr. Seth Hubbard. Or simply Mr. Hubbard, as she was to always call him in court. Never Seth. Never Mr. Seth. Mr. Hubbard hired her as a part-time housekeeper three years earlier. How did she hear about the job opening? She did not. He called her and said a friend knew she was out of work. He happened to be looking for a part-time maid. She went through her history with Mr. Hubbard, his rules, habits, routines, and, later, his preferences in food and cooking. Three days a week became four. He gave her a raise, then another. He traveled a lot and she was often in the house with little to do. Not once in three years did he entertain or have another person over for a meal. She met Herschel and Ramona, but rarely saw them. Ramona visited once a year, and for only a few hours, and Herschel’s drop-ins were not much more frequent. She had never met any of Mr. Hubbard’s four grandchildren.
“But I didn’t work on the weekends so I don’t know who came and went then,” she said. “Mr. Hubbard could’ve had all sorts of company.” She was trying to appear fair, but only to a point.
“But you worked every Monday, correct?” Jake asked from the script.
“I did.”
“And did you ever see evidence of weekend guests in the home?”
“No sir, never.”
Being nice to Herschel and Ramona was not part of the plan at this point. They had no plans to be nice to Lettie; indeed, based on their depositions, it was safe to expect them to lie considerably.
After an hour on the stand, Lettie felt more comfortable. Her answers were clearer, more spontaneous, and she occasionally smiled at the jurors. Jake eventually got around to Mr. Hubbard’s lung cancer. She described how her boss went through a string of unimpressive home-health-care nurses, and finally asked Lettie if she would work five days a week. She described the low points, when the chemo knocked him flat and almost killed him, when he couldn’t walk to the bathroom or feed himself.
Do not show emotion, Portia had lectured. Do not show any feelings whatsoever for Mr. Hubbard. The jurors cannot get the impression there was an emotional bond between the two of you. Of course there had been, the same as any dying person and his caregiver, but do not acknowledge it on the witness stand.
Jake hit the high points but did not spend much time on Mr. Hubbard’s cancer. Wade Lanier would certainly do so. Jake asked Lettie if she had ever signed a will. No, she had not.
“Have you ever seen a will?”
“No sir.”
“Did Mr. Hubbard ever discuss his will with you?”
She managed a chuckle, and sold it perfectly. She said, “Mr. Hubbard was extremely private. He never discussed business or anything like that with me. He never discussed his family or kids or anything. He just wasn’t like that.”
The truth was that Seth had twice promised Lettie he would leave something behind for her, but he had never mentioned his will. She and Portia had discussed it, and it was Portia’s opinion that Wade Lanier and the lawyers on the other side would blow this out of proportion if she admitted it. They would twist it, exaggerate it, and turn it into something lethal. “So you did discuss his last will with him!” Lanier would yell in front of the jury.
Some things are better left unsaid. No one would ever know. Seth was dead and Lettie wasn’t talking.
“Did he ever discuss his illness and the fact that he was dying?” Jake asked.
She took a deep breath and pondered the question. “Sure. There were times when he was in so much pain he said he wanted to die. I suppose that’s natural. In his last days, Mr. Hubbard knew the end was near. He asked me to pray with him.”
“You prayed with him?”
“I did. Mr. Hubbard had a deep faith in God. He wanted to make things right before he died.”
Jake paused for a little drama so the jurors could fully absorb the visual of Lettie and her boss praying, instead of doing what most folks thought they had been doing. Then he moved on to the morning of October 1 of last year, and Lettie told her story. They left his house around 9:00, with Lettie behind the wheel of his late-model Cadillac. She had never driven him before; he had never asked her to. It was the first and only time the two had been together in an automobile. When they were leaving the house, she had made some silly comment about never having driven a Cadillac, so he insisted. She was nervous and drove slowly. He sipped on coffee from a paper cup. He seemed to be relaxed and pain-free, and he seemed to enjoy the fact that Lettie was so uptight driving down a highway with virtually no other traffic.
Jake asked her what they talked about during the ten-minute drive. She thought for a moment, glanced at the jurors, who still had not missed a word, and said, “We talked about cars. He said a lot of white people don’t like Cadillacs anymore because nowadays so many black people drive them. He asked me why a Cadillac was so important to a black person, and I said don’t ask me. I never wanted one. I’ll never have one. My Pontiac’s twelve years old. But then I said it’s because it’s the nicest car and it’s a way of showin’ other folk that you’ve made it. You got a job, got a little money in your pocket, got some success in life. Something’s workin’ okay. That’s all. He said he’s always liked a Cadillac too, said he lost his first one in his first divorce, lost his second one in his second divorce, but since he gave up on marriage nobody’s bothered him or his Cadillacs. He was kinda funny about it.”
“So he was in a good mood, sort of joking?” Jake asked.
“A very good mood that mornin’, yes sir. He even laughed at me and my drivin’.”
“And his mind was clear?”
“Clear as a bell. He said I was drivin’ his seventh Cadillac and he remembered all of them. Said he trades every other year.”
“Do you know if he was taking medication for pain that morning?”
“No sir, I don’t know. He was funny about his pills. He didn’t like to take them and he kept them in his briefcase, away from me. The only time I saw them was when he was flat on his back, deathly sick, and he asked me to get them. But no, he didn’t appear to be on any pain medication that mornin’.”
Under Jake’s guidance, she continued her narrative. They arrived at Berring Lumber Company, the first and only time she’d ever been there, and while he spent the time in his office with the door locked, she cleaned. She vacuumed, dusted, scrubbed most of the windows, arranged magazines, even washed the dishes in the small kitchen. No, she did not empty the wastebaskets. From the moment they entered the offices until they left, she did not speak to nor see Mr. Hubbard. She had no idea what he was doing in his office; she never thought about asking. He walked in with a briefcase, and walked out holding the same one. She drove back to his house, then she returned home, around noon. Late Sunday night, Calvin Boggs called with the news that Mr. Hubbard had hung himself.
At 11:00 a.m., after almost two hours on the stand, Jake tendered the witness for cross-examination. During a quick recess, he told Lettie she did a fabulous job. Portia was thrilled and very proud; her mother had kept her composure and been convincing. Harry Rex, who’d been watching from the back row, said her testimony could not have been better.
By noon, their case was in shambles.
He was certain harboring a fugitive was against the law in every state, including
Alaska, so jail time was a possibility, though Lucien wasn’t worried about that at the moment. He woke up at sunrise, stiff from sleeping off and on in a chair. Ancil had the bed, all of it. He had volunteered to sleep on the floor or in a chair, but Lucien was concerned about his head injuries and insisted he take the bed. A painkiller knocked him out, and for a long time Lucien sat in the dark, nursing his last Jack and Coke, listening to the old boy snore.
He dressed quietly and left the room. The lobby of the hotel was deserted. There were no cops poking around, searching for Ancil. Down the street he bought coffee and muffins and hauled them back to the room, where Ancil was awake now and watching the local news. “Not a word,” he reported.
“No surprise,” Lucien said. “I doubt if they’ve brought in the bloodhounds.”
They ate, took turns showering and dressing, and at 8:00 a.m. left the room. Ancil was wearing Lucien’s black suit, white shirt, paisley tie, and the same cap pulled low to hide his face. They hurriedly walked three blocks to the law office of Jared Wolkowicz, a lawyer referred by Bo Buck at the Glacier Inn bar. Lucien had visited Mr. Wolkowicz late the day before, retained him, and organized the deposition. A court reporter and a videographer were waiting in the conference room. At one end of the table, Mr. Wolkowicz stood, raised his right hand, repeated after the court reporter, and swore to tell the truth, then sat facing the camera. He said, “Good morning. My name is Jared Wolkowicz and I’m an attorney, duly licensed by the State of Alaska. Today is Wednesday, April 5, 1989, and I’m sitting here in my law office on Franklin Street in downtown Juneau, Alaska. Here with me is Lucien Wilbanks, of Clanton, Mississippi, and also a man by the name of Ancil F. Hubbard, who currently resides in Juneau. The purpose of the deposition is to record the testimony of Mr. Hubbard. I know nothing about the case that brings us here. My role is to simply vouch for the fact that this will be an accurate recording of what takes place here. If any of the lawyers or judges involved in this matter would like to speak to me, feel free to call.”