“Your Honor, can we take a minute?” I ask plaintively.
Judge Butler nods and motions us outside. Lawyers are the first line of defense against unruly litigants.
“What is he going to do?” Mrs. Dyson shrieks once we are outside in the hall. She gestures at “Gucci,” who is staring pitifully at his father.
“Go to work full-time like most other Americans?” the ex-policeman asks, his voice trembling as it rises to a new level.
“You hate him!” his wife rages.
“You hate him because he looks like me!”
This insight is fraught with danger, and I intervene, pulling my client to one side and whispering, “Can’t you bribe him to leave? Give him a new car, a thousand for a couple of months’ rent, and we’ll go back to my office and sign a contract that if he moves home again he agrees to sign over the title to you.”
Gordon Dyson contemplates his family and nods.
“A contract won’t mean anything, but maybe he’ll have a wreck and kill himself.”
Fortunately, “Gucci,” perhaps fearing that he might die unexpectedly in his sleep if he remains home, agrees. An hour later after mother and son have departed my office, I escort Gordon to the elevators and offer to return half my fee.
“We didn’t actually go to court.”
“We were close enough,” Dyson mutters as the door opens.
“Hell, I’d rather give it to you than to him.”
I thank him, and go back inside to work on Dade’s case. What is this world coming to?
Monday morning the Fayetteville media circus begins early. Dade is not even out of the Blazer when a college age kid with three cameras around his neck spots us and begins snapping pictures. Out on the sidewalk in front of the courthouse there is a small contingent of demonstrators carrying signs: stop the violence, justice for women, and of course, women against rape. It must be twenty degrees, but there are five or six girls bundled up in brightly colored ski jackets, knit caps, mittens, and earmuffs and looking miserable. I recognize Paula Crawford and wonder how Sarah will feel when she shows up.
Paula and I never had our lunch. Since the dorms aren’t open, Sarah has spent the night with a friend from Fayetteville and will be arriving later. Two reporters shove microphones in Lucy’s face, but as I have instructed, we smile and keep walking.
“Is it true that Dade turned down a deal?” the beautiful green-eyed reporter from Channel 5 asks. Like a zombie, I give her a frozen grin, not even bothering with “no comment.”
Inside the second-floor courtroom, I shake hands with Binkie, who squints hard at Dade as if to say that he has had his chance at mercy. Without a word, he turns his back and sits down next to his assistant Mike Cash, who, I suspect, will be seen but not heard today. I notice that Binkie is wearing a new suit, too. Though it can’t make him look handsome (his rawboned face precludes anyone but his mother from regarding him that charitably), the nice fit of the light blue herringbone worsted wool, padded in the shoulders, fills him out and gives him less of an angular, hillbilly look. Like myself, someone has taken a look at Binkie’s courtroom apparel and said it was time to dial 911 and ask for an emergency department store run. Judging by his demeanor, I have the feeling that by not forcing my client to take the deal he offered, I have lost some respect in his eyes. Yet, there is nothing I can do about it now.
After I have seated Dade and organized my files around me on the table (I have revised my opening statement five times in the last two days and have it outlined in a yellow legal pad on top of the stack to my right), I watch spectators being admitted into the courtroom and try to rein in what I hope is a temporary panic attack. The glittering, expectant expressions on the faces of some of the doddering old men suggest they are hoping for a blood bath. Yet, these are probably the regulars who have seen every trial for the last twenty years. I smile uneasily at Dade, who seems to be holding his breath. He is looking at his mother. Lucy, to my dismay, has dressed in black as if she were attending Dade’s funeral. Her dress, plain and unadorned by jewelry, emphasizes her light skin. Is she thinking about what it will be like to visit her son in the hellhole that is Cummins prison? Last night at the restaurant at the Holiday Inn (Dade’s choice), she was unusually quiet, as if she had already resigned her self to a bad outcome. Prom the defense viewpoint, a criminal trial is like surgery on a high-risk patient. Denial becomes difficult when the patient has been propped and the cutting is about to begin.
At the door I see the Perrys, who are clutching hands like three children lost in the woods. Despite Blanche Perry’s bravura performance at their home in Texarkana, they don’t want to be in a Fayetteville courtroom any more than we do. This morning Blanche Perry is nothing but a frightened parent, just as I would be if the situation were reversed. Her eyes flutter rapidly as her husband whispers in her ear. In the name of justice, her daughter is about to undergo one of the most wrenching experiences humanity has devised. If the jury finds Dade innocent, Robin faces a lifetime of humiliation. I marvel at my willingness to add to it. I was itching to call Joe Hofstra at this trial. Not for the first time in my career, I realize the job of defense attorney is too much of a game for me.
I’ll walk away from this courtroom thinking I’ve won or lost. The Perrys may leave here feeling their daughter has been stripped of all her dignity. No wonder they were willing to capitulate and settle for something far less than they think justice demands. Maybe they know something I don’t. I wonder if even now it is not too late to accept Binkie’s offer. If their expressions are any guide, the Per rys would go for it. Robin, who will be leaving the court room after the witnesses are sworn in, has an ethereal Alice-in-Wonderland quality about her. Her breasts have been made to disappear under a simple white wool dress that extends from her throat to the floor, and her blond hair is in bangs. The word “virginal” doesn’t do her jusdee. This girl, I must remember, takes communication seriously, and she will be telling the jury she couldn’t act sexually aggressive if she were given lessons every day for a year. Not one word will be spoken about this past summer’s torrid affair. Ladies and gentlemen, this young woman is not what she seems. Just ask her professor. If only I could. Yet, even as I think of it, the sleaziness of such a tactic finally hits me. Sarah could have been seduced by Beekman. If she were, would that automatically make her less credible if she got raped later by another man? Obviously not. Though it makes my job more difficult, I finally admit to myself that it was only justice that I lost the motion to introduce into evidence Robin’s past sexual conduct.
Before we begin the process of selecting the men and women who will decide this case, I look over my proposed instructions, which the judge will read to the jury before closing arguments. Arkansas rape law, from my research, seems to be typical of other jurisdictions.
“Penetration however slight…” is sufficient to show the act occurred; proof of a threat to the victim satisfies the statutory definition of “forcible compulsion.” This case, like almost every criminal case I’ve ever tried, will turn on the facts, not legal arguments.
A jury is seated quickly, probably too quickly, since Binkie knows the jury panel and I don’t. We end up with only one African-American, the wife of an assistant professor in the music department. Maria Chastain, age thirty, with two children who are at home during the Christmas vacation with her husband, appears intelligent and thoroughly delighted to get out of the house. The rest of the panel is a mixed bag that includes three retirees, two people who own their own businesses, one professor from the university, a claims adjuster, two schoolteachers, a civil engineer, and an unemployed waitress. By Blackwell County standards this is a well-educated jury, but I’d prefer them to be more shrewd than smart. Curiously only one, a retired executive who worked for Tyson’s, has admitted to being a hardcore fanatic Razorback supporter (though in answer to my question, four of the six men and three of the women raised their hands to signify they knew the last time the Hogs had played in a bowl game). Binkie used most of his peremptory strikes to exclude any male under thirty; I systematically knocked off women who seemed a little too knowledge able about WAR and the women’s movement. Naturally, none of them would admit she couldn’t be fair to an individual accused of rape, thus denying me the opportunity to exclude them for cause.