Baggy and I were in the front row. He had convinced the Circuit Court clerk that we were entitled to press credentials, thus special seating. Next to me was a reporter from the newspaper in Tupelo, a pleasant gentleman who reeked of cheap pipe tobacco. I filled him in on the details of the murder, off the record. He seemed impressed with my knowledge.
The Padgitts were there in full force. They sat in chairs pulled close to the defense table and huddled around Danny and Lucien Wilbanks like the den of thieves they really were. They were arrogant and sinister and I couldn’t help but hate every one of them. I didn’t know them by name; few people did. But as I watched them I wondered which one had been the incompetent arsonist who’d sneaked into our printing room with gallons of gasoline. I had my pistol in my briefcase. I’m sure they had theirs close by. A false move here or there and an old-fashioned gunfight would erupt. Throw in Sheriff Coley and his poorly trained but trigger-happy boys, and half the town would get wiped out.
I caught a few stares from the Padgitts, but they were much more worried about the jurors than me. They watched them closely as they filed into the courtroom and took their instructions from the clerk. The Padgitts and their lawyers looked at lists that they had found somewhere. They compared notes.
Danny was nicely but casually dressed in a white long-sleeved shirt and a pair of starched khakis. As instructed by Wilbanks, he was smiling a lot, as if he were really a nice kid whose innocence was about to be revealed.
Across the aisle, Ernie Gaddis and his smaller crew were likewise observing the prospective jurors. Gaddis had two assistants, one a paralegal and one a part-time prosecutor named Hank Hooten. The paralegal carried the files and briefcases. Hooten seemed to do little but just be there so Ernie would have someone to confer with.
Baggy leaned over as if it was time to whisper. “That guy there, brown suit,” he said, nodding at Hooten. “He was screwin’ Rhoda Kassellaw”
I was shocked and my face showed it. I jerked to the right and looked at Baggy. He nodded smugly and said what he always said when he had the scoop on something really nasty. “That’s what I’m tellin’ you,” he whispered. This meant that he had no doubts. Baggy was often wrong but never in doubt.
Hooten appeared to be about forty with prematurely gray hair, nicely dressed, somewhat handsome. “Where’s he from?” I whispered. The courtroom was noisy as we waited for Judge Loopus.
“Here. He does some real estate law, low-pressure stuff. A real jerk. Been divorced a couple of times, always on the prowl.”
“Does Gaddis know his assistant was seeing the victim?”
“Hell no. Ernie would pull him from the case.”
“You think Wilbanks knows?”
“Nobody knows,” Baggy said with even greater smugness. It was as if he had personally caught them in bed, then kept it to himself until that very moment in the courtroom. I wasn’t sure I believed him.
Miss Callie arrived a few minutes before nine. Esau escorted her into the courtroom, then had to leave when he couldn’t find a seat. She checked in with the clerk and was placed in the third row; she was given a questionnaire to fill out. She looked around for me but there were too many people between us. I counted four other blacks in the pool.
A bailiff bellowed for us to rise, and it sounded like a stampede. Judge Loopus told us to sit, and the floor shook. He went straight to work and appeared to be in good spirits. He had a courtroom full of voters and he was up for reelection in two years, though he had never had an opponent. Six jurors were excused because they were over the age of sixty-five. Five were excused for medical reasons. The morning began to drag. I couldn’t take my eyes off Hank Hooten. He certainly had the look of a ladies’ man.
When the preliminary questions were over, the panel was down to seventy-nine duly qualified jurors. Miss Callie was now in the second row, not a good sign if she wanted to avoid jury service. Judge Loopus yielded the floor to Ernie Gaddis, who introduced himself to the panel again and explained in great length that he was there on behalf of the State of Mississippi, the taxpayers, the citizens who had elected him to prosecute those who commit crimes. He was the people’s lawyer.
He was there to prosecute Mr. Danny Padgitt, who had been indicted by a grand jury, made up of their fellow citizens, for the rape and murder of Rhoda Kassellaw. He asked if it was possible that anyone had not heard something about the murder. Not a single hand went up.
Ernie had been talking to juries for thirty years. He was friendly and smooth and gave the impression that you could discuss almost anything with him, even in open court. He moved slowly into the area of intimidation. Has anyone outside your family contacted you about this case? A stranger? Has a friend tried to influence your opinion? Your summons was mailed to you; the jury list is locked under seal. No one is supposed to know that you’re a potential juror. Has anyone mentioned it to you? Anyone threatened you? Anyone offered you anything? The courtroom was very quiet as Ernie led them through these questions.
No one raised a hand; none was expected. But Ernie was successful in conveying the message that these people, the Padgitts, had been moving through the shadows of Ford County. He hung an even darker cloud above them, and he left the impression that he, as the District Attorney and the people’s lawyer, knew the truth.
He began his finish with a question that cut through the air like a rifle shot. “Do all of you folks understand that jury tampering is a crime?”
They seemed to understand.
“And that I, as the prosecutor, will pursue, indict, bring to trial, and do my utmost to convict any person involved with jury tampering. Do you understand this?”
When Ernie finished we all felt as though we’d been tampered with. Anyone who’d talked about the case, which of course was every person in the county, seemed in danger of being indicted by Ernie and hounded to the grave.
“He’s effective,” whispered the reporter from Tupelo.
Lucien Wilbanks began with a lengthy and quite dull lecture about the presumption of innocence and how it is the foundation of American jurisprudence. Regardless of what they’d read in the local newspaper, and here he managed a scornful glance in my general direction, his client, sitting right there at the moment, was an innocent man. And if anyone felt otherwise, then he or she was duty bound to raise a hand and say so.
No hands. “Good. Then by your silence you’re telling the Court that you, all of you, can look at Danny Padgitt right now and say he is innocent. Can you do that?” He hammered them on this for far too long, then shifted to the burden of proof with another lecture on the State’s monumental challenge to prove his client guilty beyond a reasonable doubt.
These two sacred protections — the presumption of innocence and proof beyond a reasonable doubt — were granted to all of us, including the jurors, by the very wise men who wrote our Constitution and Bill of Rights.
We were approaching noon and everybody was anxious for a break. Wilbanks seemed to miss this and he kept rattling on. When he sat down at twelve-fifteen, Judge Loopus announced that he was starving. We would recess until two o’clock.
Baggy and I had a sandwich upstairs in the Bar Room with several of his cronies, three aging washed-up lawyers who hadn’t missed a trial in years. Baggy really wanted a glass of whiskey, but for some odd reason felt the call of duty. His pals did not. The clerk had given us a list of jurors as they were currently seated. Miss Callie was number twenty-two, the first black and the third female.
It was the general feeling that the defense would not challenge her because she was black, and blacks, according to the prevailing theory, were sympathetic to those accused of crimes. I wasn’t sure how a black person could be sympathetic to a white thug like Danny Padgitt, but the lawyers were unshakable in their belief that Lucien Wilbanks would gladly take her.