performance. I knew it was all a lie, as did Gardy and Smut, along with the cops and prosecutors, and I suspect the judge had his doubts too. Nevertheless, the jurors swallowed it in disgust and glared with hatred at my client, who absorbed it with his eyes closed and his head shaking, no, no, no. Smut’s testimony was so breathtakingly gruesome and rich with details that it was hard to believe, at times, that he was really fabricating it. No one can lie like that!
I hammered at Smut for eight full hours, one long exhausting day. The judge was cranky and the jurors were bleary-eyed, but I could have kept going for a week. I asked Smut how many times he’d testified in criminal trials. He said maybe twice. I pulled out the records, refreshed his memory, and went through the nine other trials in which he’d performed the same miracle for our honest and fair-minded prosecutors. With his muddled memory somewhat restored, I asked him how many times he’d had his sentence reduced by the prosecutors after lying for them in court. He said never, so I went through each of the nine cases again. I produced the paperwork. I made it perfectly clear to everyone, especially the jurors, that Smut was a lying, serial snitch who swapped bogus testimony for leniency.
I confess—I get angry in court, and this is often detrimental. I blew my cool with Smut and hammered him so relentlessly that some of the jurors became sympathetic. The judge finally told me to move on, but I didn’t. I hate liars, especially those who swear to tell the truth and then fabricate testimony to convict my client. I yelled at Smut and the judge yelled at me, and at times it seemed as though everyone was yelling. This did not help Gardy’s cause.
You would think the prosecutor might break up his parade of liars with a credible witness, but this would require some intelligence. His next witness was another inmate, another druggie who testified he was in the hallway near Gardy’s cell and heard him confess to Smut.
Lies on top of lies.
“Please make them stop,” Gardy says.
“I’m trying, Gardy. I’m doing the best I can. We need to go.”
3.
A deputy leads us into the courtroom, which is again packed with people and heavy with a layer of tense apprehension. This is the tenth day of testimony, and I now believe there is absolutely nothing else happening in this backwater town. We are the entertainment! The courtroom is packed from gavel to gavel and they’re lined up against the walls. Thank God the weather is cool or we’d all be soaked with sweat.
Every capital murder trial requires the presence of at least two lawyers for the defense. My co-counsel, or “second chair,” is Trots, a thick, dull boy who ought to burn his law license and curse the day he ever dreamed of showing his face in a courtroom. He’s from a small town twenty miles away, far enough, he thought, to shield him from the unpleasantness of getting caught up in Gardy’s nightmare. Trots volunteered to handle the preliminary matters, intending to jump ship if a trial became a reality. His plans have not worked out to suit him. He screwed up the preliminaries as only a rookie can, then tried to extricate himself. No go, said the judge. Trots then thought it might be an acceptable idea to sit in the second chair, gain some experience, feel the pressure of a real trial, and so on, but after several death threats he stopped trying. Death threats are just part of the daily grind for me, like the morning coffee and lying cops.
I’ve filed three motions to remove Trots from the second chair. All denied, of course, so Gardy and I are stuck with a moron at our table who’s more of a hindrance than an assistant. Trots sits as far away as possible, though given Gardy’s current state of hygiene I can’t really blame him.
Gardy told me months ago that when he was first interviewed by Trots at the county jail the lawyer was shocked when Gardy claimed he was innocent. They even argued