conviction, with a quick execution to follow. It’s up to Judge Kaufman to deliver. This is the judge who has so far allowed every word of bogus testimony offered by the State. At times it seems as though he’s afraid he might lose a vote or two if he sustains one of my objections.
When everyone is in place, they bring in the jury. There are fourteen people crammed in the box—the chosen twelve plus a couple of alternates in case someone gets sick or does something wrong. They are not sequestered (though I requested this), so they are free to go home at night and trash Gardy and me over dinner. Late each afternoon, they are warned by His Honor not to utter a single word about the case, but you can almost hear them yakking as they drive away. Their decision has been made. If they voted right now, before we offer a single witness in defense, they would find him guilty and demand his execution. Then they would return home as heroes and talk about this trial for the rest of their lives. When Gardy gets the needle, they will take special pride in their crucial role in finding justice. They will be elevated in Milo. They will be congratulated, stopped on the streets, recognized at church.
Still sappy, Kaufman welcomes them back, thanks them for their civic service, asks gravely whether anyone tried to contact them in an effort to gain influence. This usually prompts a few looks in my direction, as if I have the time, energy, and stupidity to slink around the streets of Milo at night stalking these same jurors so I can (1) bribe them, (2) intimidate them, or (3) plead with them. It’s now gospel that I’m the only crook in the room, in spite of the torrent of sins committed by the other side.
The truth is, if I had the money, the time, and the personnel, I
would
bribe and/or intimidate every juror. When the State, with its limitless resources, commences a fraudulent case and cheats at every turn, then cheating is legitimized. There is no level playing field. There is no fairness. The only honorable alternative for a lawyer fighting to save an innocent client is to cheat in defense.
However, if a defense lawyer is caught cheating, he or she gets nailed with sanctions by the court, reprimanded by the state bar association, maybe even indicted. If a prosecutor gets caught cheating, he either gets reelected or elevated to the bench. Our system never holds a bad prosecutor accountable.
The jurors assure His Honor that all is well. “Mr. Huver,” he announces with great solemnity, “please call your next witness.” Next up for the State is a fundamentalist preacher who converted the old Chrysler dealership into the World Harvest Temple and is drawing crowds to his daily prayer-a-thons. I watched him once on local cable; once is enough. His claim to fame here is that he says he confronted Gardy in the middle of a late-night youth service. According to his version, Gardy was wearing a T-shirt advertising a heavy metal rock group and conveying some vague satanic message, and this T-shirt was allowing the devil to infiltrate the service. Spiritual warfare was in the air, and God was unhappy with things. With divine direction, the preacher finally located the source of evil in the crowd, stopped the music, stormed back to where Gardy was sitting, and kicked him out of the building.
Gardy says he’s never been near the church. Further, Gardy claims he’s never seen the inside of
any
church in all of his eighteen years. His mother confirms this. As they say out here in the country, Gardy’s family is severely “unchurched.”
Why this is allowed as testimony in a capital murder case is thoroughly inconceivable. It is ridiculous and borders on stupidity. Assuming there is a conviction, all of this crap will be reviewed in about two years by a dispassionate appellate court two hundred miles away. Those judges, only slightly more intelligent than Kaufman but anything is an improvement, will take a dim view of this redneck