Juror #3(33)

The judge called to the bailiff. “Leon, take the remaining jurors into the jury room until further notice.”

The bailiff stuck his head into the jury room. “Kind of a mess in there, Judge.”

“Straighten it up, then.” A pulse was pounding in the judge’s temple. He stood abruptly and addressed Lafayette and me. “Meet me in chambers.”

Another wail of sirens soared through the open window.

Lafayette turned on his heel and walked to the prosecution table. I followed close behind him.

“Sure hope they catch that dude,” I said.

No response. With his back to me, Lafayette bent to pick up his briefcase.

I said, “Hey, Tom. If the sheriff apprehends him, you know what I think you ought to do? If I were you, I’d have the sheriff impound that guy’s vehicle and do an inventory search of it.”

He jerked around to face me. The hair at the crown of his head was tousled. “Don’t tell me how to do my job.”

Raising my hands, I backed away. Back at the defense table, I took a moment to advise Darrien that I was heading off to meet with the judge in chambers, and I’d let him know what happened. Behind Darrien’s shoulder, Oscar Summers actually winked at me.

With my adrenaline pumping, I turned to focus on the prosecution table. From my vantage point, I could see Lafayette pull out his cell phone. Though the courtroom was noisy, I was pretty sure I heard him say: “Tell the sheriff to impound the car when they catch him.”

I bowed my head so nobody could see my satisfied grin.





Chapter 29



WHEN LAFAYETTE AND I joined the judge in chambers, he was shaking tablets into his hand from a bottle of Advil. He dry-swallowed them, and then shouted at his clerk through the open door. “Grace! Where’s my Coke?”

She hurried in with a can and a cup of ice, then disappeared, pulling the door shut behind her.

Ignoring the cup, Judge Baylor gulped from the can. As he set the can on his desk, he let out a soft belch.

“Beg pardon,” the judge said, placing his hand on his abdomen. “All right, Tom, Ruby.”

I noted with a start that for once he had addressed me by my first name. “How do you want to proceed?” he asked.

I opened my mouth to answer, but Lafayette jumped in. “I hate to do it, Judge, but I’m going to have to ask for a mistrial.”

“No, no, no,” I said, leaning forward on the seat of the wingback chair. “Not good enough. The defense requests a judgment of acquittal.”

The DA gnawed on a thumbnail. “No way. You can’t be serious.”

“Oh, I’m totally serious.” I crossed my legs, swinging my left foot and displaying a shoe with a heel that was worn down to the metal stud. “I’m serious as a heart attack.”

“We have an alternate,” Judge Baylor said.

Lafayette shot us a look of disbelief. “Is that what you want? Just proceed with the trial like nothing happened?”

“Oh, something definitely happened,” I said. Both men focused on me. “I have other witnesses I can call. Got ten character witnesses out in the hall. And while they’re testifying about what a fine young man Darrien Summers is, I’ll betcha the jury will be thinking about juror number three. Wondering where he is.”

The DA shifted his eyes away from mine, so I tapped him on the arm.

“Don’t you think that they’ll be wondering why that juror ran off after I showed the picture of him at the Mardi Gras ball? And called him on Jewel Shaw’s phone?”

Judge Baylor sighed. “Sweet Jesus.” He stood abruptly, jerking the zipper of his black robe. He yanked the robe off and threw it over his chair, then loosened his tie.

He turned to the DA. “Tom, what do you know about this guy? What’s his name?”

“Troy Hampton,” I said.

“I don’t know him,” Lafayette said.

“Didn’t you try to get rid of him? Strike him for cause?”

Lafayette pulled at his thumbnail. “I don’t know him personally; I’ve seen him around. Didn’t particularly want him on the jury. Not comfortable with his politics.”

I tried to keep my voice steady. “Politics? What kind of politics?”

Lafayette shifted in his seat. “Not politics, exactly. Associations.”

“And what might those be?”

“Some ultra-conservative views, I guess. Stuff I’m not personally comfortable with.”

I snapped. “Thomas Lafayette—were you aware of any hate group activity on his part? Sounds like you were. And yet you remained silent about it during voir dire, when he testified under oath that my client’s race wouldn’t have any bearing on his verdict.”

Lafayette and Judge Baylor exchanged a look. When the DA spoke, he chose his words carefully.

“I didn’t have any hard evidence of the guy’s activities. In my position, I hear a lot of things. But it’s vital that I exercise discretion.”

“Baloney,” I said. “Judge Baylor, I want to make a request for judgment of acquittal, and I want it on the record.”

“Fine.” He shook the Advil bottle again.

“And I need to make a record regarding the DA’s prior knowledge of juror number three’s ‘political associations.’”