A Time For Mercy

Kiera enters the courtroom, and everyone stares at her pregnant stomach. Jake asks her who the father is, and Kiera says Stuart Kofer. The courtroom erupts, and Noose tries to regain order. He orders Earl out of the courtroom for yelling and cussing, and as Earl leaves, he threatens Jake. The rest of the courtroom is stunned and silent. Noose then asks the bailiff to remove the jury and calls for another 15-minute recess.

In Noose’s chambers, Lowell moves for a mistrial on the grounds of being ambushed, but Noose denies it. He then tells Jake he’ll hold Earl accountable for threatening him.

Kiera returns to the stand, and Jake continues his questions. He asks how many times Stuart raped her; she says five and begins describing the first occurrence. Kiera also says Stuart threatened to kill her and Drew if she told anyone and that she started thinking about suicide because of the rape. She then describes the second rape, which causes Janet Kofer, Stuart’s mother, to gasp and cry. Noose asks the bailiff to remove Janet from the courtroom. The third rape happened in Stuart’s patrol car while he was in uniform and after he picked Kiera up from school. Knowing the jury has heard enough, Jake doesn’t ask about the other two rapes. He then asks Kiera about the night Stuart died, and she tells her perspective. The jurors keep their eyes on Kiera during her testimony.

On cross-examination, Lowell asks Kiera about the notes she has in her hands, which she has referenced during her testimony. Kiera explains that Jake told her to write notes to ensure the correct dates. Lowell asks to see them, and Jake offers to submit them as evidence so the jury can see them. When Lowell reads the notes, he sees they are a more graphic and detailed account of each rape. Lowell hands the notes back to Kiera, desperately trying to keep them away from the jury. Lowell then questions Kiera, including why she never told the police about being raped. Kiera says she didn’t contact the police because a police officer was raping her. Lowell finishes, and Noose calls for a long lunch break.

The defense team gathers around a conference room table, eating lunch and discussing Kiera’s excellent job on the stand. They then discuss which witness to call next. Lucien suggests the defense rest, as their case is strong. He also thinks it better for the jurors to keep Kiera’s testimony fresh instead of burying it under other information. Jake says resting early could be another ambush Lowell won’t be ready for.

During the recess, Noose meets with Earl, Janet, Cecil, and Barry. He tells Earl that his disruption in court is unacceptable, but Earl protests, saying he’s tired of the lies people are telling about Stuart. Noose reminds Earl that he could end up in jail for contempt, which calms Earl. He says they may return to the trial, but Noose will kick him out again if Earl makes another sound. Noose ends the meeting by offering his condolences to the family for all they’ve endured.

The bailiff calls the court to order at 2:05pm, and Jake calls Drew as his next witness. He questions Drew about his background and criminal history. Jake then asks what it was like living with Stuart and if Stuart ever hit him. Drew describes how Stuart hit him for losing a fishing rod while on a fishing trip, threatening to kill Drew and Kiera if he said anything to Josie. Drew then describes his experience on March 25, though there is much about that night he doesn’t remember.

During cross-examination, Lowell focuses on how Stuart provided the Gamble family with a good home with beds, showers, and food. Drew insists that he lived in better places that were free of violence. When Lowell asks Drew if he killed Stuart out of revenge, Drew says no. He did it to protect his sister since his mother was already dead. Lowell ends his cross-examination, and Noose excuses Drew. Jake then announces that the defense rests, leaving Lowell bewildered. Noose excuses the jury until tomorrow and tells the lawyers to meet him in chambers to discuss the jury instructions.

The defense team eats dinner at Lucien’s house and discusses the trial. Most don’t think the jury will convict Drew, but they don’t think they’ll acquit him. Libby retells what happened during the trial to Sedgwick, who just arrived from Baylor to help with sentencing. Jake worries over his closing argument and resting his case so suddenly.

The next morning, August 9, the court reconvenes, and Noose welcomes everyone back. Noose then reads the jury instructions for 40 minutes. He then asks Lowell to present his closing arguments, which reaffirms Drew’s guilt of the premeditated murder of a police officer. When Lowell finishes, Jake makes his closing statement, focusing on the Gambles’ fear and that Drew shooting Stuart was justified.

Noose excuses the jury and calls for a recess until 2:00pm. Jake shakes Lowell’s hand, and most spectators leave the courtroom. The defense team has lunch at a nearby farm as they await the jury’s decision.

A fight almost breaks out as the jury deliberates. John Carpenter aggressively pushes to be the jury foreman, but the other jurors refuse to appoint him because he’s not impartial. The jury elects Regina Elmore to be their spokesperson. An hour later, another argument breaks out among the jury, and the bailiff reports both incidents to Noose.

At 2pm, everyone gathers back in the courtroom. A bailiff tells Jake and Lowell to meet Noose in chambers. Noose tells the lawyers about the jury’s behavior and fights, which pleases Jake. Regina and the court reporter then enter the room, and Noose asks if the jury is making progress. Regina says no and explains the conflict between Carpenter and another juror, which started yesterday when Carpenter made a crude comment about Kiera. Noose asks if the jury can reach a unanimous verdict, which makes Regina laugh. She explains that they have already voted and are split 6-6, with no one willing to budge. Noose excuses Regina and the court reporter and then tells Jake and Lowell to meet in the courtroom in five minutes.

When Jake returns to the defense table, he tells Portia about the hung jury. The jury returns to the courtroom, and Noose reminds them of their oath and obligation to be impartial and unbiased. He then tells them to return to their deliberations by looking at the opposing viewpoint to gain a new perspective. He expects a unanimous verdict and releases the jury until 4pm.

The defense team is happy about the hung jury. Jake visits Drew and explains the situation. He says there will likely be a new trial in a few months. Jake then pulls out a deck of cards, and the two men play Blackjack.

At 4pm, everyone returns to the courtroom. Noose asks Regina if the jury has made progress, but she says things have only worsened, and the vote is still 6-6. Noose then asks each juror if they can come to a unanimous verdict, and each juror says no. Lowell suggests a recess until tomorrow morning, but Jake moves for a mistrial. Noose grants the motion, declaring a mistrial, and orders Drew to remain in custody.

Jake and Portia pack his car with their file boxes and drive to a favorite restaurant in Oxford. Kiera and Josie join them, and Jake tries to answer their questions about what happens next. He doesn’t know what will happen to Drew and if or when there will be another trial.

Jake leaves his office on Friday, pleased with his work on Drew’s trial. He feels a mistrial is a victory but knows the teen will be in court again. Jake has finally reached a point where he no longer cares what others think. He goes to the coffee shop and talks to Dell about the trial and the gossip surrounding it. Dell asks if Drew can get out of jail, but Jake says he doubts it. Dell then says people admire Jake for his skills in the courtroom.

When Jake returns to his office, Portia is there despite Jake giving her the day off. She’s building a scrapbook of the trial. She and Jake talk about her starting law school and returning to work with Jake, and Portia tells Jake he inspires her. They go to lunch together, and Portia asks why Jake was once a proponent of the death penalty and what changed his mind. Jake responds that Carl Lee Hailey’s trial changed his opinion. After lunch, Jake goes to visit Drew.

Jake adds up his hours and expenses for the Gamble trial on Monday and faxes the bill to Noose. The amount totals $21,000. Half an hour later, Noose calls, says the amount is reasonable, and tells Jake he defended Drew well. He will fax the bill to Todd Tannehill, the Board of Supervisors’ attorney, who will ask the board to write Jake a check. Todd calls an hour later and says he’ll submit the bill and put it at the top of the next meeting’s agenda, but he says the board will decline it.

Tuesday morning, Todd faxes Jake that the board will only pay the statutory maximum of $1000. Jake then drafts a lawsuit against the county. Lowell reconvenes the grand jury in a special session that afternoon, and the jury re-indicts Drew for capital murder.

On Thursday, Jake files his lawsuit against the county and sues Stuart Kofer’s estate for $50,000 for Josie’s medical bills, pain, and suffering. Jake also considers filing two additional lawsuits: one against Cecil Kofer for Jake’s medical expenses and another against Stuart’s estate for Kiera’s pregnancy care and support for Stuart’s unborn child. Portia drafts a lawsuit against Ozzie for holding Drew in solitary confinement without bail and denying him educational opportunities, constituting cruel and unusual punishment. Jake reads the draft and tells Portia she doesn’t need law school because her work is excellent. Jake hopes the lawsuit will pressure Noose into setting a reasonable bond for Drew, which will get the boy out of jail.

At 9am on Friday, Jake and Todd meet with Noose in his chambers. Noose tells Todd to draft the letter denying Jake’s payment and file it before lunch. Noose then sets the trial date for next Thursday and demands that all five members of the Board of Supervisors attend. Noose then tells Todd that Jake deserves a higher payment and excuses Todd. Noose tells Jake he wants to meet with him and Lowell today during lunch.

During their meeting, Noose sets Drew’s re-trial for December 10. He then tells Jake and Lowell he doesn’t believe another trial will change any jury’s mind, leading to another split verdict. Lowell says he’s confident he can get a conviction, but Jake agrees with Noose, saying a unanimous verdict is impossible. Noose asks if there’s a chance of a plea agreement, but both lawyers say no. The judge then says they must keep trying, so they’ll proceed with the re-trial in December. Jake then brings up the issue of bail, saying the State failed to prove Drew guilty, yet he remains in jail. Noose says he’s also been thinking about this. Jake hands both men Portia’s lawsuit and says they can release Drew without any political backlash. Noose says letting Drew out will upset many people, but Jake promises the Gambles will appear in court whenever the court asks. Jake then passes Noose the deed to his house as security for the bond, illustrating how confident he is that Drew will reappear whenever needed. Noose accepts the deed, and Jake asks to keep Drew’s release secret to protect him.

After arranging the details of Drew’s release with Ozzie, Jake joins Lucien at his house on Friday afternoon. Lucien tells Jake he talked to Judge Atlee, who worries about Jake. Atlee doesn’t like the railroad company, as he has worked with them in previous cases. He’s also bothered by Neal Nickel not coming forward after the accident but appearing suddenly during the trial. Lucien suggests that Jake withdraw his lawsuit and re-file it in chancery court, where Atlee will preside over the case without a jury. Jake says they’ve already discussed this strategy and avoided it because Atlee won’t give the high payout Jake and Harry Rex are hoping for. Lucien says Atlee will force a settlement and avoid any appeals. This news relieves Jake greatly.

Jake arrives at the jail early Saturday morning to pick up Drew. Ozzie walks Jake and Drew out of the building and asks Jake to have lunch with him next week, and Jake accepts. Jake takes Drew to his house for a pancake breakfast and pays Drew his $3 blackjack debt, saying the teen won it fair and square. Drew hugs Carla before leaving, and Jake knows Drew will be a part of his family for many years.

On Monday, Jake non-suits the Smallwood case and files the lawsuit in chancery court the next day. On Thursday, Noose convenes the trial for Jake’s lawsuit against Ford County, with all five county supervisors in attendance. Jake doesn’t call any witnesses but re-affirms he was appointed to the Gamble case and submits his list of fees and expenses into evidence. Todd then stands and acknowledges Jake’s bill, but because of the Mississippi Code, the county will only pay him $1000. Noose then calls Patrick East, the board president, to the stand. Noose asks him about the $200,000 surplus in the county budget, including $80,000 in a discretionary account. East says that’s a rainy-day fund for unexpected expenses. Noose asks if there are any restrictions on how the board uses this money, and East says there are not. Noose excuses East and rules in Jake’s favor, ordering the board to write Jake a $21,000 check. Todd calls Jake on Friday and says the county will appeal Noose’s ruling, which will take 18 months.

Portia’s last day at the office is Friday, so a group gathers to help celebrate her starting law school next week. They give her a plaque labeled with her name and title of attorney at law, which they will keep on her door until she returns. Portia thanks everyone for their acceptance and friendship.

On the third Sunday of September, the Brigances are leaving for Good Shepherd Bible Church when the phone rings. Jake answers, and Josie tells him Kiera is in labor. Jake gets in the car and tells Carla. The Brigances attend church and return home for lunch, anxiously awaiting news. At 4:30pm, Josie calls to say Kiera had the baby with no complications.

On Monday, Jake and Carla drop Hanna off at a friend’s house after school and drive to the hospital in Oxford. Kiera is recovering well. Jake and Carla watch the baby in the hospital nursery and think he is perfect. That night, they tell Hanna she’s getting a brother, and together they work through the night to build a nursery for him. They drive back to Oxford on Tuesday and go directly to Kiera’s room, where she and Josie are packing up to go home. They hug the women goodbye and go to the nursery for their baby. They take him to Hanna in the waiting room so she can meet and hold him. Jake and Carla name the baby Lucien but call him Luke. They then go to a judge to make the adoption official. The judge also locks the file to keep it out of public records. The drive back to Clanton is joyful, and they arrive home and find Jake’s parents, Carla’s parents, Harry Rex, and Lucien waiting for them. Jake knows the town will eventually discover the baby’s origin, but he doesn’t care.