A Time For Mercy

On Friday, Jake calls Portia and tells her to come to his house while Carla and Hanna are out shopping. When Portia arrives, Jake asks her to visit Drew in jail every other day. He also says Noose is pressuring him to decide if he will make an insanity plea. They then discuss how the shooting was justifiable homicide because Drew thought he and Kiera were in danger. Jake also explains that he’ll go through the motions of an insanity plea and then withdraw it before the hearing to mess with Lowell. That afternoon, Carl Lee visits Jake and says he and his friends can beat up whoever hurt Jake, but Jake refuses to say who attacked him.

Jake visits Drew on Sunday, and they discuss Kiera’s baby and that Kiera will put him up for adoption. Drew then says he’s not sorry he shot Stuart because they’d all be dead if he hadn’t. Jake then asks if Drew knew Stuart was raping Kiera, and Drew says no and that he would have shot Stuart sooner if he had known because he sees himself as the protector of his family.

On June 28, eight days after Jake’s attack, a doctor removes Jake’s stitches. He returns to his office, entering a back door to remain unseen. That afternoon, Lucien visits the office and tells Jake he’s worried about Jake’s practice. He also feels the town has turned against Jake. Lucien will call a bank he has stock in to approve Jake’s refinance. He also tells Jake he’s the son Lucien never had and that he lives vicariously through Jake and won’t allow his office to close. The men then move to the office’s veranda, and Lucien tells Jake his wife left him. It was a mutual decision, and they parted on good terms. However, Lucien now feels his life lacks purpose. Jake says he values Lucien’s advice and enjoys him being in the office. Lucien then talks about how much he loved courtroom drama as a lawyer, and Jake says his trial will be unavoidably ugly. Jake tells his friend that he and Carla are considering adopting Kiera’s baby, but he’s worried about how the town will react. Lucien says none of those people matter and tells Jake to be fearless. Lucien reminds Jake that he needs to be confident and unintimidated by anyone. These factors define a true lawyer.

Jake files for an insanity plea, and on July 3, Drew returns to Whitfield for another mental evaluation. Jake knows Drew doesn’t have a mental illness, but he is physically, emotionally, and mentally immature and has suffered significant trauma. Jake plans to go forward with the insanity plea for a few weeks and then drop it.

On July 6, Jake wakes from a recurring nightmare about his attack. At 5am, he goes to the kitchen for coffee and thinks about the case. The trial is a month away, and he imagines how things will play out in the courtroom. Jake showers and returns to the kitchen, where Carla sips coffee at the table. She tells Jake she wants to go to Oxford tomorrow to ask Josie and Kiera for the baby. Jake says they’ll make a final decision tonight, but he knows Carla has already decided.

At 6am, Jake goes to the coffee shop. Dell welcomes him back, and some patrons talk to Jake about his attack. The day before, Jake came to the café to visit Dell and hear the gossip that’s been going around. People know the attack is related to the case and that one of the Kofer boys was involved, though Jake isn’t pressing charges. Some people admire Jake for this, but others want justice for him.

In July, Noose assigns Jake to some small cases to help with his income. Jake believes this is because Noose feels bad for sticking him with the Gamble case. Two weeks before the trial, Lowell and Jake are working in Gretna regarding a car theft. Noose asks them to have lunch with him in his chambers. Noose agrees to move the trial venue to Chester in the Van Buren County Courthouse, promising to clean up the building for the trial. When Lowell asks Jake about his psychiatric expert, Jake says he’s no longer pursuing an insanity defense, surprising Lowell and Noose. Lowell then reminds Noose about limiting testimony against Stuart during the trial. He also asks to speak to Kiera, but Jake refuses to say where she is, saying they went into hiding after his attack. Jake promises Kiera and Josie will be at the trial. Noose then says he will fax the list of potential jurors at 9am Monday and reminds both lawyers not to have any contact with anyone in the jury pool.

As promised, Jake receives the jury list Monday morning but doesn’t know anyone on the list. Portia takes a copy to the Van Buren County Courthouse to begin researching the backgrounds of each juror. Jake then hires two private investigators to research Van Buren County and possibly photograph each juror’s home, cars, and neighborhood. Jake goes to a large map in his office, marks each person’s address, and memorizes their names.

At noon, Jake then visits Carl Lee at the lumber mill, hands him the list, and asks him and Gwen to study the names and ask anyone they know about these people. Carl Lee immediately points out Rodney Cote, a cousin’s husband, who was present for Carl Lee’s trial. On his drive back to the office, Jake is pleased about Rodney Cote potentially being on the jury.

By Wednesday, Jake has a lot of information about the potential jurors from his various sources, and Jake and Portia quiz each other about the jurors from memory. Jake and Harry Rex drive to Chester on Friday, arguing trial strategy as they go. They enter the courthouse and are impressed with Noose’s work to improve it. Jake suddenly feels nervous about the trial. The two lawyers leave, pick up some beer, and head to a secluded lake to talk.

On Monday, August 6, Jake wakes from a fitful sleep. He feels anxious about the trial and questions if he’s ready and has done everything correctly. He eats breakfast with Carla at 4:45am and reminds her to keep Josie and Kiera hidden during jury selection. He also asks her to study the jurors’ reactions as the trial proceeds. Jake leaves his house and arrives at his office, and Portia and Libby arrive soon after. They leave the office at 7:30am and head to the Van Buren County Courthouse, continuously quizzing each other about jurors.

Josie arrives at the jail to help Drew get ready. She takes him the outfit Jake instructed her to buy, and Drew puts it on. Mother and son review the instructions Jake has given them. Josie apologizes for getting Drew into this situation and tells him to do everything Jake says.

The prospective jurors arrive in Chester and enter the courthouse at 8:30am. Dressed as an everyday citizen, Harry Rex mingles with the group outside the courtroom, listening for any information that could help Jake. The courtroom opens at 8:45, and a clerk seats the jurors. Both the defense and prosecution teams stand behind their respective tables. Lowell goes to Jake and asks to speak with Kiera this morning, and Jake agrees. Ozzie and Tatum arrive in a patrol car and escort Drew into the courthouse. They then take him to an empty room where he will wait for the next three hours.

At 9:15am, the bailiff calls the court to order, and Noose walks to the courtroom’s bar and introduces himself, thanking the jurors for being there. He then weeds out some jurors based on age and medical conditions, getting the group down to 79. Noose then randomly calls the remaining jurors’ names and seats them in an empty section of pews. When Noose calls for a lunch break, Jake’s team goes to an office on Main Street that will serve as their headquarters during the trial. They discuss the first 40 jurors, who are more likely to be chosen.

The jurors return to their seats at 1:30pm, and the public spectators enter the courtroom. Noose sits on the bench and welcomes the spectators, reminding them to maintain order during the proceedings. He then orders the bailiff to bring Drew into the courtroom. Noose then tells the courtroom they’ll spend the next few hours selecting 12 jurors and two alternates, then reads a summary of the case and introduces the lawyers. Noose then asks the jurors a series of questions, and those jurors to whom the question applies raise their hands and give further explanation. Noose then turns the time over to Lowell, who asks his questions of the jurors while Jake observes and writes notes. When it’s Jake’s turn, he introduces himself, Libby, and Portia. He then asks his questions and is done in 30 minutes.

Noose then asks the first 12 jurors to move to the jury box so the lawyers can question them individually in another room. Noose, Lowell, and Jake enter the jury room and call in the first juror. They question each juror privately, and the lawyers continue to make notes. At 4:45pm, Noose calls for a break and asks everyone to return by 5:15pm. Jake and his team find an empty room and go through the list of remaining jurors.

In Noose’s chambers, the legal teams meet again to select a jury. Noose then asks Lowell for his challenges for cause. Lowell mentions three, and Noose strikes one before moving to Jake. Jake says four names, and Noose strikes three of them. Lowell then presents his list of 12 jurors, and Jake challenges six. Lowell submits another list, and Jake strikes three. When they finalize the list, the jury consists of 12 white people comprised of seven men and five women.

On Tuesday morning, the weather is stormy, with a tornado watch for Van Buren County. Rain hammers the courthouse an hour before the trial, and Noose considers delaying the trial. Jake’s team doesn’t enter the courtroom until 8:55am. Jake ignores the crowd, including Lucien, Harry Rex, and Carla, who sit among the spectators to monitor the jury. Drew enters the courtroom at 9:00am and sits next to Jake. Lowell sees Kiera and asks Jake if she’s pregnant; he confirms she is but refuses to say who the father is. Lightning cracks nearby, and thunder shakes the courthouse. The bailiff calls the court to order, and Noose enters and sits on the bench, welcoming everyone and reminding the jurors not to discuss the case during recess. Noose then excuses all witnesses from the courtroom, including Earl Kofer, Ozzie and his thirteen deputies, Josie, and Kiera.

Lowell gives his opening statement, saying Drew killed Stuart Kofer in cold blood. Jake defers his opening remarks until the State rests, which surprises Noose and Lowell. Lowell calls Earl as his first witness. He’s emotional as he answers Lowell’s questions, showing how devastated he is over losing his son. During Jake’s cross-examination, however, Earl glares at Jake with hatred. The State then calls Deputy Tatum, who recounts the events of March 25 once he arrived on scene. When Jake finishes his cross-examination, Noose excuses Tatum. Lowell then calls Ozzie, who discusses Stuart’s successful career as a police officer, including the dramatic story of Stuart taking down four drug dealers alone. Lowell then displays a photo of Stuart after the shooting, and Ozzie confirms this is how he found Stuart when he arrived at the house. The image leaves the courtroom stunned, so Noose calls a 15-minute recess.

When the trial resumes, Jake cross-examines Ozzie and brings up the two missing reports of Josie calling 911 because Stuart was hitting her. Lowell then calls the highway patrolman who investigated the crime scene. Noose then calls a lunch break until 1:30.

In downtown Chester, Jake and his team review the State’s case. They feel the State did well but aren’t surprised, as the case is straightforward. They then discuss the jurors’ reactions and whether or not Lowell will call Kiera as a witness.

Back in the courtroom, Lowell calls the pathologist who performed Stuart’s autopsy. Lowell tries to submit photos of the autopsy, but Jake objects to the motion, and Noose sustains it, saying the courtroom has already seen enough gore. After an hour of graphic details about Stuart’s death, Jake cross-examines the pathologist and asks him to discuss Stuart’s blood alcohol level. The pathologist confirms Stuart’s BAC was 0.36 when he died, three and a half times the legal limit to drive. Jake then asks if it’s possible that Stuart was already dead from alcohol poisoning, but Noose sustains Lowell’s objection. Regardless, the jurors are shocked at the idea Jake insinuates. Noose then calls for a recess and asks the lawyers to meet him in chambers.

Noose compliments both lawyers for their work in the trial so far. Lowell mentions his reluctance to call Kiera to the stand because he’s worried about her testimony about Stuart. He thinks she will exaggerate her testimony, and the court won’t know what’s true or false. Noose says he’ll allow Kiera’s testimony and reminds Lowell he’s welcome to object if he feels she’s exaggerating. Lowell then says the State rests, and Noose says they’ll reconvene at 9am tomorrow.