The Runaway Jury Part 6

"These are paper plates and plastic forks," Nicholas said as they took their seats around the table. He did not sit. Mr. O'Reilly looked at Lou Dell, who said, "So?"

"So, we specifically said we wanted to eat on real china with real forks. Didn't we say that?" His voice was rising, and a few of the jurors looked away. They just wanted to eat.

"What's wrong with paper plates?" Lou Dell asked nervously, her bangs shaking.

"They soak up grease, okay? They get spongy and leave stains on the table, you understand? That's why I specifically asked for real plates. And real forks." He took a white plastic fork, snapped it in two, and threw it in a waste can. "And what really makes me mad, Lou Dell, is that right now the Judge and all the lawyers and their clients and the witnesses and the clerks and the spectators and everybody else involved with this trial are sitting down to a nice lunch in a nice restaurant with real plates and real gla.s.ses and forks that don't snap in two. And they're ordering good food from a thick menu. That's what makes me mad. And we, the jurors, the most important people of the whole d.a.m.ned trial, we're stuck here like first-graders waiting to be fed our cookies and lemonade."

"The food's pretty good," Mr. O'Reilly said in self-defense.

"I think you're overdoing it a bit," said Mrs. Gladys Card, a prim little lady with white hair and a sweet voice.

"Then eat your soggy sandwich and stay out of this," Nicholas snapped, much too harshly.

"Are you gonna show your a.s.s every day at lunch?" asked Frank Herrera, a retired colonel from somewhere up North. Herrera was short and portly with tiny hands and an opinion, so far, on just about everything. He was the only one who was truly disappointed when he wasn't elected foreman.

Jerry Fernandez had already nicknamed him Napoleon. Nap for short. The r.e.t.a.r.ded Colonel as an alternative.

"There were no complaints yesterday," Nicholas shot back.

"Let's eat. I'm starving," Herrera said, unwrapping a sandwich. A few of the others did the same.

The aroma of baked chicken and french fries rose from the table. As Mr. O'Reilly finished unpacking a container of pasta salad, he said, "I'll be happy to bring over some plates and forks on Monday. No problem."

Nicholas quietly said, "Thanks," and sat down.

THE DEAL was an easy one to make. The details were wrapped up between two old friends over a three-hour lunch at the '21' Club on Fifty-second. Luther Vandemeer, CEO of Trellco, and his former protege, Larry Zell, now CEO of Listing Foods, had discussed the basics on the phone, but needed to meet face-to-face over food and wine so no one could hear them. Vandemeer gave him the background of the latest serious threat down in Biloxi, and didn't hide the truth that he was worried. Sure, Trellco was not a named defendant, but the entire industry was under fire and the Big Four was standing firm. Zell knew this. He'd worked for Trellco for seventeen years, and had learned to hate trial lawyers a long time ago.

There was a small regional grocery chain, Hadley Brothers, out of Pensacola, which just happened to own a few stores along the Mississippi Coast. One such store was in Biloxi, and its manager was a sharp young black man named Lonnie Shaver. Lonnie Shaver just happened to be on the jury down there. Vandemeer wanted SuperHouse, a much larger grocery chain in Georgia and the Carolinas, to purchase, at whatever premium necessary, Hadley Brothers. SuperHouse was one of twenty or so divisions of Listing Foods. It would be a small transaction-Vandemeer's people had already done the numbers-and would cost Listing no more than six million. Hadley Brothers was privately owned, so the deal would create virtually no attention. Listing Foods had grossed two billion last year, so six million was no sweat. The company had eighty million in cash and little debt. And to sweeten the deal, Vandemeer promised that Trellco would quietly purchase Hadley Brothers in two years if Zell wished to unload it.

Nothing could go wrong. Listing and Trellco were totally independent of each other. Listing was already in the business of owning grocery chains. Trellco was not directly involved in the litigation down there. It was a simple handshake deal between two old friends.

Later, of course, there would need to be a personnel shakeup within Hadley Brothers, one of the usual realignments inherent in any buyout or merger or whatever it was to be called. Vandemeer would need to pa.s.s along some instructions for Zell to send down the line until the right amount of pressure could be placed on Lonnie Shaver.

And it needed to be done quickly. The trial was scheduled to last for four more weeks. Week one would end in just a few hours.

After a brief nap in his office in downtown Manhattan, Luther Vandemeer called the number in Biloxi and left a message for Rankin Fitch to call him in the Hamptons over the weekend.

FITCH'S OFFICE was in the back of an empty store, a five-and-dime that had closed years earlier. The rent was low, parking was plentiful, no one noticed the place, and it was just a short walk from the courthouse. There were five large rooms, all hastily built with unpainted plywood walls; the sawdust was still on the floor. The furniture was cheap, rented, and consisted primarily of folding tables and plastic chairs. The lighting was fluorescent and plentiful. The outer doors were heavily secured. Two men with guns guarded the suite at all times.

If pennies had been pinched throwing the place together, nothing had been spared in getting it plugged in. Computers and monitors were everywhere. Wires to faxes and copiers and phones ran over the floor in no apparent design. Fitch had the latest technology, and he had the people to operate it.

The walls of one room were covered with large photos of the fifteen jurors. Computer printouts were tacked to another wall. A huge seating chart was on another wall, and an employee was adding data to the block under Gladys Card's name.

The room in the back was the smallest, and it was strictly off-limits for the regular employees, though they all knew what was happening in it. The door locked automatically from the inside, and Fitch had the only key. It was a viewing room, with no windows, a large screen on one wall, and half a dozen comfortable chairs. Friday afternoon, Fitch and two jury experts sat in the dark and stared at the screen. The experts preferred not to engage in small talk with Fitch, and Fitch wasn't about to entertain them. Silence.

The camera was a Yumara XLT-2, a tiny unit capable of fitting almost anywhere. The lens was half an inch in diameter, and the camera itself weighed less than a pound. It had been meticulously installed by one of Fitch's boys, and was now situated in a well-worn brown leather satchel sitting on the floor in the courtroom under the defense table, and being covertly guarded by Oliver McAdoo, a lawyer from Washington and the only foreigner selected by Fitch to sit alongside Cable and the rest. McAdoo's job was to think strategy, smile at the jurors, and feed doc.u.ments to Cable. His real job, known only to Fitch and a few others, was to walk into the courtroom each day, heavily laden with the tools of warfare, including two large, identical brown briefcases, one of which held the camera, and to sit at approximately the same spot at the defense table. He was the first defense lawyer in the courtroom each morning. He would set the satchel upright, aim it at the jury box, then quickly call Fitch on a cellphone to get things adjusted.

At any given moment during the trial, there were twenty or so briefcases scattered through the courtroom, most congregated on or under the counsel tables, but some were stacked together near the clerk's bench, some were under chairs where the lower-tier lawyers labored, some were even leaning against the bar, seemingly abandoned. While they varied in size and color, as a collection they all looked pretty much the same, including McAdoo's. One he opened occasionally to retrieve papers, but the other, the one holding the camera, was locked so tight that explosives would be required to open it. Fitch's strategy was simple-if, for some unimaginable reason, the camera attracted attention, then in the ensuing fracas McAdoo would simply switch briefcases and hope for the best.

Detection was extremely remote. The camera made no noise and sent signals no human could hear. The briefcase sat near several others, and it occasionally got itself jostled or even kicked over, but readjustment was easy. McAdoo would simply find a quiet spot and call Fitch. They'd perfected the system during the Cimmino trial last year in Allentown.

The technology was amazing. The tiny lens captured the width and depth of the jury box, and sent all fifteen faces, in color, down the street to Fitch's little viewing room where two jury consultants sat throughout the day and studied every slight twitch and yawn.

Depending on what was happening in the jury box, Fitch would then chat with Durr Cable, and tell him their people in the courtroom had picked up on this and that. Neither Cable nor any of the local defense lawyers would ever know about the camera.

The camera recorded dramatic responses Friday afternoon. Unfortunately, it was frozen on the jury box. The j.a.panese had yet to design one that could scan from inside a locked briefcase and focus on other points of interest. So the camera couldn't see the enlarged photos of the shriveled, blackened lungs of Jacob Wood, but the jurors certainly saw them. As Rohr and Dr. Fricke worked through their script, the jurors, without exception, gawked with unrestrained horror at the ghastly wounds slowly inflicted over thirty-five years.

Rohr's timing was perfect. The two photos were mounted on a large tripod in front of the witness stand, and when Dr. Fricke finished his testimony at fifteen minutes after five, it was time to adjourn for the weekend. The last image the jurors had, the one they'd think about for the next two days and the one that would prove to be unshakable, was of the charred lungs, removed from the body and posed on a white sheet.

Eight.

Easter laid an easy trail to follow throughout the weekend. He left the courtroom Friday, and walked again to O'Reilly's Deli, where he had a quiet conversation with Mr. O'Reilly. They could be seen smiling. Easter purchased a sack full of food and a tall beverage. He then walked straight to his apartment and didn't leave. At eight Sat.u.r.day morning, he drove to the mall, where he worked a twelve-hour shift selling computers and gadgets. He ate tacos and fried beans in the food garden with a teenager named Kevin, a co-worker. There was no visible communication with any female who remotely resembled the girl they were looking for. He returned to his apartment after work, and didn't leave.

Sunday brought a pleasant surprise. At 8 A.M A.M., he left his apartment and drove to the Biloxi small-craft harbor, where he met none other than Jerry Fernandez. They were last seen leaving the pier in a thirty-foot fishing boat with two others, presumably friends of Jerry's. They returned eight and a half hours later with red faces, a large cooler of some undetermined species of salt.w.a.ter fish, and a boat full of empty beer cans.

The fishing was the first discernible hobby of Nicholas Easter. And Jerry was the first friend they'd been able to discover.

There was no sign of the girl, not that Fitch really expected to find her. She was proving to be quite patient, and this in itself was maddening. Her first little clue was most a.s.suredly a setup for the second, and the third. The waiting was a torment.

However, Swanson, the ex-FBI agent, was now convinced she would reveal herself to them within the week. Her scheme, whatever it was, was predicated on more contact.

She waited only until Monday morning, thirty minutes before the trial resumed. The lawyers were already in place, plotting in small groups around the courtroom. Judge Harkin was in chambers dealing with an emergency matter in a criminal case. The jurors were gathering in the jury room. Fitch was down the street in his office, in his command bunker. An a.s.sistant, a young man named Konrad, who was a whiz with phones, wires, tapes, and hightech surveillance gadgets, stepped through the open door and said, "There's a phone call you might want to take."

Fitch, as always, stared at Konrad and instantly a.n.a.lyzed the situation. All of his phone calls, even from his trusted secretary in Washington, were taken at the front desk and cleared to him by use of an intercom system built into the phones. It worked this way every time.

"Why?" he asked with a great deal of suspicion.

"She says she has another message for you."

"Her name?"

"She won't say. She's very coy, but she insists it's important."

Another long pause as Fitch looked at the blinking light on one of the phones. "Any idea how she got the number?"

"No."

"Are you tracing it?"

"Yes. Give us a minute. Keep her on the line."

Fitch punched the b.u.t.ton and lifted the receiver. "Yeah," he said as nicely as possible. "Is this Mr. Fitch?" she asked, quite pleasantly.

"It is. And who is this?"

"Marlee."

A name! He paused a second. Every phone call was automatically recorded, so he could a.n.a.lyze it later. "Good morning, Marlee. And do you have a last name?"

"Yeah. Juror number twelve, Fernandez, will walk into the courtroom in about twenty minutes holding a copy of Sports Ill.u.s.trated of Sports Ill.u.s.trated. It's the October 12 issue with Dan Marino on the cover."

"I see," he said as if he were taking notes. "Anything else?"

"Nope. Not now."

"And when might you call again?"

"Don't know."

"How'd you get the phone number?"

"Easy. Remember, number twelve, Fernandez." There was a click, and she was gone. Fitch punched another b.u.t.ton, then a two-digit code. The entire conversation was replayed on a speaker above the phones.

Konrad raced in with a printout. "Came from a pay phone in Gulfport, a convenience store."

"What a surprise," Fitch said as he grabbed his jacket and began straightening his tie. "Guess I'll run to court."

NICHOLAS WAITED until most of his colleagues were either sitting at the table or standing nearby, and he waited until there was a lull in the chatter. He said loudly, "Well, did anyone get bribed or stalked over the weekend?" There were some grins and light laughs but no confessions.

"My vote's not for sale, but it can certainly be rented," said Jerry Fernandez, repeating a punchline he'd heard from Nicholas on the fishing boat yesterday. This was humorous to everyone but Herman Grimes.

"Why does he keep lecturing us like that?" asked Millie Dupree, obviously delighted someone had broken the ice and anxious to start the gossip. Others moved in closer and leaned forward to hear what the ex-law student thought about it. Rikki Coleman stayed in the corner with a newspaper. She'd already heard this.

"These cases have been tried before," Nicholas explained reluctantly. "And there have been some shenanigans with the juries."

"I don't think we should discuss this," Herman said.

"Why not? It's harmless. We're not discussing evidence or testimony." Nicholas was authoritative. Herman was not sure.

"Judge said not to talk about the trial," he protested, waiting for someone to come to his aid. There were no volunteers. Nicholas had the floor, and said, "Relax, Herman. This is not about evidence or the things we'll eventually deliberate over. This is about ..." He hesitated a second for effect, then continued, "This is about jury tampering."

Lonnie Shaver lowered his computer printout of grocery inventory and eased closer to the table. Rikki was now listening. Jerry Fernandez had heard it all on the boat yesterday, but it was irresistible.

"There was a tobacco trial, a very similar one in Quitman County, Mississippi, about seven years ago, up in the Delta. Some of you may remember it. It was a different tobacco company, but some of the players are the same, on both sides. And there was some pretty outrageous behavior both before the jury was picked and after the trial started. Judge Harkin, of course, has heard all the stories, and he is watching us very closely. Lots of people are watching us."

Millie glanced around the table for a second. "Who?" she asked.

"Both sides." Nicholas had decided to play it fair, because both sides had been guilty of misconduct in the other trials. "Both sides hire these guys called jury consultants, and they come in here from all over the country to help pick the perfect jury. The perfect jury, of course, is not one that will be fair, but one that'll deliver the verdict they want. They study us before we're selected. They-"

"How do they do that?" interrupted Mrs. Gladys Card.

"Well, they photograph our homes and apartments, our cars, our neighborhoods, our offices, our kids and their bikes, even ourselves. This is all legal and ethical, but they come close to crossing the line. They check public records, things such as court files and tax rolls, in an effort to get to know us. They might even talk to our friends and co-workers and neighbors. This happens in every big trial nowadays."

All eleven were listening and staring, inching closer and trying to remember if they'd seen any strangers lurking around corners with cameras. Nicholas took a sip of coffee, then continued: "After the jury is picked, they change gears a little. The panel has been narrowed from two hundred to fifteen, and so we're much easier to watch. Throughout the trial each side will keep a group of jury consultants in the courtroom, watching us and trying to read our reactions. They usually sit on the first two rows, though they move around a lot."

"You know who they are?" Millie asked in disbelief.

"I don't know their names, but they're fairly easy to spot. They're well dressed, and they stare at us constantly."

"I thought those folks were reporters," said Retired Colonel Frank Herrera, unable to ignore the conversation.

"I hadn't noticed," said Herman Grimes, and everyone smiled, even Poodle.

"Watch them today," Nicholas said. "They usually start off behind their respective counsel. In fact, I have a great idea. There's this one woman whom I'm almost positive is a jury consultant for the defense. She's about forty, heavyset with thick short hair. Every morning so far she's been on the front row behind Durwood Cable. When we go out this morning, let's stare at her. All twelve of us, just glare at her real hard and watch her unravel."

"Even me?" Herman asked.

"Yes, Herm, even you. Just turn to ten o'clock, and stare with the rest of us."

"Why are we playing games?" asked Sylvia "Poodle" Taylor-Tatum.

"Why not? What else have we got to do for the next eight hours?"

"I like it," said Jerry Fernandez. "Maybe it'll make 'em stop staring at us."

"How long do we stare?" asked Millie.

"Let's do it while Judge Harkin is reading us the riot act this morning. That'll take ten minutes." They more or less agreed with Nicholas.

Lou Dell came for them at exactly nine, and they left the jury room. Nicholas held two magazines-one of which was the October 12 issue of Sports Ill.u.s.trated Sports Ill.u.s.trated. He walked beside Jerry Fernandez until they came to the door leading into the courtroom, and as they began to file in he casually turned to his new friend and said, "Want something to read?"

The magazine was slightly pressing his stomach, so Jerry just as casually took it and said, "Sure, thanks." They walked through the door into the courtroom.

Fitch knew Fernandez, number twelve, would have the magazine, but the sight of it was still a jolt. He watched him shuffle along the back row and take his seat. Fitch had seen the cover on a newsstand four blocks from the courthouse, and he knew it was Marino in the aquamarine jersey, number thirteen, arm c.o.c.ked and ready to drill one.

The surprise quickly gave way to excitement. The girl Marlee was working the outside while someone on the jury was working the inside. Maybe there were two or three or four on the jury who were conspiring with her. Didn't matter to Fitch. The more the better. These people were setting the table, and Fitch was ready to deal.

The jury consultant's name was Ginger, and she worked for Carl Nussman's firm in Chicago. She had sat through dozens of trials. She usually spent half of each day in the courtroom, changing places during recesses, removing her jacket, removing her eyegla.s.ses. She was an old pro at studying juries, and she'd seen it all. She was on the front row behind the defense lawyers; a colleague sat a few feet down scanning a newspaper as the jury settled in.

Ginger looked at the jury and waited for His Honor to greet them, which he did. Most of the jurors nodded and smiled at the Judge, then all of them, every one of them including the blind man, turned and stared directly at her. A couple had smiles, but most seemed rather perturbed about something.

She looked away.

Judge Harkin trudged through his script-one ominous question after another-and he too quickly noticed that his jury was preoccupied with one of the spectators.

They kept staring, in perfect unison.

Nicholas struggled to keep from howling. His luck was incredible. There were about twenty people sitting on the left side of the courtroom, behind the defense lawyers, and two rows behind Ginger sat the hulking figure of Rankin Fitch. From the jury box, Fitch was in the same line of vision as Ginger, and from fifty feet away it was difficult to tell exactly who the jurors were staring at-Ginger or Fitch.

Ginger certainly thought it was her. She found some notes to study while her colleague scooted farther away.

Fitch felt naked as the twelve faces studied him from the jury box. Small beads of sweat popped through above his eyebrows. The Judge asked more questions. A couple of the lawyers turned awkwardly to look behind them.