"But will you, Hoppy? We don"t want to use the tape, okay. You help us, and the tape goes down the toilet."
Hoppy suddenly remembered the tape. "Yeah, you gotta deal. I"ll see her tonight, as a matter of fact."
"Go to work on her. It"s terribly important-important for us at Justice, for the good of the country, and, of course, it"ll keep you outta prison for five years." Cristano delivered the last line with a horselaugh and a slap on the knee. Hoppy laughed too.
They talked about strategy for half an hour. The longer they sat on the boat, the more questions Hoppy had. What if Millie voted with the tobacco company but the rest of the jury disagreed and delivered a big verdict? What would happen to Hoppy then?
Cristano promised to hold his end of the deal regardless of the verdict, as long as Millie voted right.
Hoppy virtually skipped along the pier as they returned to the car. He was a new man when he saw Napier and Nitchman.
AFTER DELIBERATING on his decision for three days, Judge Harkin reversed himself late Sat.u.r.day and decided the jurors would not be permitted to attend their churches Sunday. He was convinced all fourteen would suddenly possess an amazing desire to commune with the Holy Spirit, and the idea of them fanning out to all parts of the county was simply unworkable. He called his minister, who in turn made more calls, and a young divinity student was located. A chapel service was planned for eleven o"clock Sunday morning, in the Party Room at the Siesta Inn.
Judge Harkin sent a personal note to each juror. The notes were slid under their doors before they returned from New Orleans Sat.u.r.day night.
Six people attended the service, a rather dull affair. Mrs. Gladys Card was there, in a surprisingly nasty mood for the Sabbath. She hadn"t missed Sunday School at the Calvary Baptist Church in sixteen years, the last absence caused by the death of her sister in Baton Rouge. Sixteen straight years without a miss. She had the Perfect Attendance Pins lined up on her dresser. Esther k.n.o.blach in the Women"s Mission Union had twenty-two years, the current record at Calvary, but she was seventy-nine and was afflicted with high blood pressure. Gladys was sixty-three, in fine health, and thus considered Esther catchable. She couldn"t admit this to anyone, but everyone at Calvary suspected it.
But now she"d blown it, thanks to Judge Harkin, a man she didn"t like from the start and now despised. And she didn"t like the divinity student either.
Rikki Coleman came in a jogging suit. Millie Dupree brought her Bible. Loreen Duke was a devout churchgoer, but was appalled at the brevity of the service. On at eleven and over by eleven-thirty, typical hurried style of white folks. She"d heard of such foolishness, but had never worshiped in such a manner. Her pastor never got to the pulpit before one, and often didn"t leave it until three, when they broke for lunch, which they ate on the grounds if the weather was nice, then trooped back inside for another dose. She nibbled on a sweet roll and suffered in silence.
Mr. and Mrs. Herman Grimes attended, not through any calling of faith but because the walls in Room 58 were closing in. Herman in particular had not voluntarily gone to church since childhood.
Throughout the course of the morning, it had come to be known that Phillip Savelle was angered at the notion of worship. He told someone he was an atheist, and this news had spread in a flash. To protest, he positioned himself on his bed, apparently nude or certainly close to it, folded and tucked his wiry legs and arms into some type of yoga drill, and hollered chants at full volume. He did this with the door open.
He could be heard faintly in the Party Room, during the service, and this no doubt was a factor in the young divinity student"s rather hastened wrap-up and benediction.
Lou Dell marched down the first time to tell Savelle to shut up, but backed away quickly when she noticed Savelle"s nakedness. Willis tried next, but Savelle kept his eyes closed and his mouth open and simply ignored the deputy. Willis kept his distance.
The nonworshiping jurors hunkered down behind locked doors and watched loud televisions.
At two, the first relatives began to arrive with fresh clothing and supplies for the week. Nicholas Easter was the only juror with no close contact on the outside. It was determined by Judge Harkin that Willis would drive Easter in a squad car to his apartment.
The fire had been out for several hours. The trucks and firemen were long gone. The narrow front lawn and sidewalk in front of the building were strewn with charred debris and piles of soggy clothing. Neighbors milled about, stunned, but busily going about the cleanup.
"Which one"s yours?" Willis asked as he stopped the car and gaped at the burnt crater in the center of the building.
"Up there," Nicholas said, trying to point and nod at the same time. His knees were weak as he left the car and walked to the first cl.u.s.ter of people, a family of Vietnamese who were mutely studying a melted plastic table lamp.
"When did this happen?" he asked. The air was thick with the acrid smell of freshly burnt wood and paint and carpet. They said nothing.
"This morning, about eight," answered a woman as she walked by with a heavy cardboard box. Nicholas looked at the people and realized he didn"t know a single name. In the small foyer, a busy lady with a clipboard was scribbling notes while talking on a cellphone. The main staircase to the second level was guarded by a private security guard who at the moment was helping an elderly woman drag a wet throw rug down the steps.
"Do you live here?" the woman asked when she finished her conversation.
"Yes. Easter, in 312."
"Wow. Totally destroyed. That"s probably where it started."
"I"d like to see it."
The security guard led Nicholas and the woman up the steps to the second floor, where the damage was quite apparent. They stopped at a yellow caution tape at the edge of the crater. The fire had gone upward, through the plaster ceilings and cheap rafters, and had managed to burn two large holes in the roof, directly over the spot where his bedroom used to be, as far as he could tell. And it had burned downward, severely damaging the apartment directly under him. Nothing was left of number 312, except for the kitchen wall, where the sink hung by one end and seemed ready to fall. Nothing. No sign of the cheap furniture in the den, no sign of the den itself. Nothing from the bedroom except blackened walls.
And, to his horror, no computer.
Virtually all the floors, ceilings, and walls of the apartment had vanished, leaving nothing but a gaping hole.
"Anybody hurt?" Nicholas asked softly.
"No. Were you home?" she asked.
"No. Who are you?"
"I"m with the management company. I have some forms for you to fill out."
They returned to the foyer where Nicholas hurriedly did the paperwork and left with Willis.
Twenty-two.
It was pointed out to Judge Harkin by Phillip Savelle, in a tersely worded, hardly legible message, that the word "conjugal" as defined by Webster covered husband and wife only, and he objected to the term. He did not have a wife, and had little regard for the inst.i.tution of marriage. He suggested "Communal Interludes," and he went on to b.i.t.c.h about the worship service held that morning. He faxed the letter to Harkin, who received it at home during the fourth quarter of the Saints game. Lou Dell arranged the fax through the front desk. Twenty minutes later she received a return fax from His Honor changing the word "conjugal" to "personal," and relabeling the whole thing "Personal Visits." He directed her to make copies for all jurors. Because it was Sunday, he threw in another hour, from 6 P.M. P.M. to 10, instead of 9. He then called her to ask what else Mr. Savelle might want, and inquired as to the general mood of his jury. Lou Dell just couldn"t tell him about seeing Mr. Savelle all nude and perched on his bed like that. She figured the Judge had enough things to worry about. Everything was fine, she a.s.sured him. to 10, instead of 9. He then called her to ask what else Mr. Savelle might want, and inquired as to the general mood of his jury. Lou Dell just couldn"t tell him about seeing Mr. Savelle all nude and perched on his bed like that. She figured the Judge had enough things to worry about. Everything was fine, she a.s.sured him.
Hoppy was the first guest to arrive and Lou Dell whisked him away quickly to Millie"s room, where he once again delivered chocolates and a small bouquet of flowers. They kissed briefly on the cheeks, never considered anything conjugal, and lounged on the beds during "60 Minutes." Hoppy slowly brought the conversation around to the trial, where he struggled to keep it for a while. "Just doesn"t make sense, you know, for people to sue like this. I mean, it"s silly, really. Everybody knows cigarettes are addictive and dangerous, so why smoke? Remember Boyd Dogan, smoked Salems for twenty-five years, quit just like that," he said, snapping his fingers.
"Yeah, he quit five minutes after the doctor found that tumor on his tongue," Millie reminded him, then added a mocking snap of her own.
"Yeah, but lots of people quit smoking. It"s mind over matter. Not right to keep smoking then sue for millions when the d.a.m.ned things kill you."
"Hoppy, your language."
"Sorry." Hoppy asked about the other jurors and their reactions so far to the plaintiff"s case. Mr. Cristano thought it would be best to try and win Millie over with the merits, instead of terrorizing her with the truth. They"d talked about this over lunch. Hoppy felt treacherous plotting against his own wife, but each time the guilt hit him so did the thought of five years in prison.
Nicholas left his room during halftime of the Sunday-night game. The hall was empty of jurors and guards. Voices were heard in the Party Room, generally male voices it seemed. Once again the men drank beer and watched football while the women made the most of their personal visits and communal interludes.
He slid silently through the double gla.s.s doors at the end of the hallway, ducked around the corner, past the soft-drink machines, then bounded up the stairs to the second floor. Marlee was waiting in a room she"d paid cash for and registered under the name of Elsa Broome, one of her many aliases.
They went straight to bed, with a minimum of words and preliminaries. Both had agreed that eight consecutive nights apart was not only a record for them, but also unhealthy.
MARLEE MET NICHOLAS when both had other names. The point of contact was a bar in Lawrence, Kansas, where she worked as a waitress and he spent late nights with pals from law school. She had collected two degrees by the time she settled in Lawrence, and because she wasn"t eager to initiate a career, she was pondering the option of law school, that great American baby-sitter for directionless postgrads. She was in no hurry. Her mother had died a few years before she met Nicholas, and Marlee had inherited almost two hundred thousand dollars. She served drinks because the hangout was cool and she would"ve been bored otherwise. It kept her in shape. She drove an old Jaguar, watched her money closely, and dated only law students.
They noticed each other long before they spoke. He"d come in late with a small group, the usual faces, sit in a booth in a corner, and debate abstract and incredibly boring legal theories. She"d deliver draft beer in pitchers, and try to flirt, with varying degrees of success. During his first year, he was enamored with the law and paid little attention to girls. She asked around and learned he was a good student, top third in his cla.s.s, but nothing outstanding. He survived the first year and returned for the second. She cut her hair and lost ten pounds, though it wasn"t necessary.
He had finished college and applied to thirty law schools. Eleven said yes, though none were top ten. He flipped a coin and drove to Lawrence, a place he"d never seen. He found a two-room apartment stuck to the rear of a spinster"s crumbling house. He studied hard and had little time for a social life, at least during the first two semesters.
The summer after his first year he clerked for a large firm in Kansas City where he pushed interoffice mail from floor to floor with a cart. The firm had three hundred lawyers under one roof, and at times it seemed as though all were working on one trial-the defense of Smith Greer in a tobacco/lung cancer case down in Joplin. The trial lasted five weeks and ended with a defense verdict. Afterward, the firm threw a party and a thousand people showed up. Rumor was that the catered celebration cost Smith Greer eighty grand. Who cared? The summer was a miserable experience.
He hated the big firm, and midway through his second year he was fed up with the law in general. No way he would spend five years locked in a cubbyhole writing and rewriting the same briefs so rich corporate clients could be bilked.
Their first date was to a law school keg party after a football game. The music was loud, the beer plentiful, the pot pa.s.sed around like candy. They left early because he didn"t like noise and she didn"t like the smell of cannabis. They rented videos and cooked spaghetti in her apartment, a rather s.p.a.cious and well-furnished layout. He slept on the sofa.
A month later he moved in and first broached the subject of dropping out of law school. She was thinking about applying. As the romance blossomed, his interest in things academic diminished to the point of barely completing his fall exams. They were madly in love, and nothing else mattered. Plus, she had the benefit of a little cash, so the pressure was off. They spent Christmas in Jamaica between semesters of his second, and final, year.
By the time he quit, she"d been in Lawrence for three years, and was ready to move on. He would follow her anywhere.
MARLEE HAD BEEN ABLE to learn little about the fire Sunday afternoon. They suspected Fitch, but couldn"t pinpoint a reason. The only a.s.set of value was the computer, and Nicholas was certain no one could breach its security system. The important discs were locked away in a vault in Marlee"s condo. What could Fitch gain by burning a run-down apartment? Intimidation maybe, but it didn"t fit. Fire officials were conducting a routine investigation. Arson seemed unlikely.
They"d slept in finer places than the Siesta Inn, and they"d slept in worse. In four years they"d lived in four towns, traveled to a half-dozen countries, seen most of North America, backpacked in Alaska and Mexico, rafted the Colorado twice, and floated the Amazon once. They had also tracked tobacco litigation, and that journey had forced them to set up housekeeping in places such as Broken Arrow, Allentown, and now Biloxi. Together, they knew more about nicotine levels, carcinogens, statistical probabilities of lung cancer, jury selection, trial tactics, and Rankin Fitch than any group of high-powered experts.
After an hour under the covers, a light came on beside the bed and Nicholas emerged, hair ruffled, reaching for clothing. Marlee got dressed and peeked through the shades at the parking lot.
Directly below them, Hoppy was trying his best to discount the scandalous revelations of Lawrence Krigler, testimony Millie seemed quite impressed with. She dished it out to Hoppy in heavy doses, and was puzzled by his desire to argue so much.
Just for the fun of it, Marlee had left her car parked on the street a half a block from the offices of Wendall Rohr. She and Nicholas were operating under the a.s.sumption that Fitch was following every move she made. It was amusing to imagine Fitch squirming with the idea that she was in there, in Rohr"s office, actually meeting with him face-to-face and agreeing to who knew what. For the personal visit, she had arrived in a rental car, one of several she"d used in the past month.
Nicholas was suddenly weary of the room, an exact replica of the one he was confined to. They went for a long drive along the Coast; she drove, he sipped beer. They walked down a pier above the Gulf, and kissed as the water rocked gently below them. They talked little of the trial.
At ten-thirty, Marlee emerged from the car at a point two blocks from Rohr"s office. As she walked hurriedly along the sidewalk, Nicholas followed nearby. Her car was parked alone. Joe Boy saw her get into it and radioed Konrad. After she drove away, Nicholas hurried back to the motel in the rental car.
Rohr was in the midst of a heated council meeting, the daily gathering of the eight trial lawyers who"d put up a million each. The issue Sunday night was the number of witnesses left to be called by the plaintiff, and as usual, there were eight separate opinions about what to do next. Two schools of thought, but eight very firm and very different inclinations about precisely what would be effective.
Including the three days spent selecting the jury, the trial was now three weeks old. Tomorrow would start week four, and the plaintiff had enough experts and other witnesses to go on for at least two more weeks. Cable had his own army of experts, though typically the defense in these cases used less than half the time of the plaintiff. Six weeks was a reasonable prediction, which meant the jury would be sequestered for almost four weeks, a scenario that troubled everyone. At some point the jury would rebel, and since the plaintiff used the bulk of the court time, the plaintiff had the most to lose. But on the other hand, since the defense went last, and the jury would tire at the end, then perhaps the jury"s venom would be aimed at Cable and Pynex. This argument raged for an hour.
Wood v. v. Pynex Pynex was unique because it was the first tobacco trial featuring a sequestered jury. It was, in fact, the first sequestered civil jury in the history of the state. Rohr was of the opinion that the jury had heard enough. He wanted to call only two more witnesses, finish their case by noon Tuesday, then rest and wait for Cable. He was joined by Scotty Mangrum of Dallas and Andre Durorid of New Orleans. Jonathan Kotlack of San Diego wanted three more witnesses. was unique because it was the first tobacco trial featuring a sequestered jury. It was, in fact, the first sequestered civil jury in the history of the state. Rohr was of the opinion that the jury had heard enough. He wanted to call only two more witnesses, finish their case by noon Tuesday, then rest and wait for Cable. He was joined by Scotty Mangrum of Dallas and Andre Durorid of New Orleans. Jonathan Kotlack of San Diego wanted three more witnesses.
The opposing view was vigorously pushed by John Riley Milton of Denver and Rayner Lovelady of Savannah. Since they"d spent so d.a.m.ned much money on the world"s greatest collection of experts, why be in a hurry, they argued. There remained some crucial testimony from outstanding witnesses. The jury wasn"t going anywhere. Sure they"d get tired, but didn"t every jury? It was far safer to stick to the game plan and try the case thoroughly than to jump ship in midstream because a few jurors were getting bored.
Carney Morrison of Boston harped repeatedly on the weekly summaries from the jury consultants. This jury was not convinced! Under Mississippi law, it would take nine of the twelve to get a verdict. Morrison was certain they didn"t have nine. Rohr especially paid little attention to the current a.n.a.lyses of how Jerry Fernandez rubbed his eyes and how Loreen Duke shifted her weight and how poor old Herman twisted at the neck when Dr. So-and-So was testifying. Frankly, Rohr was sick of the jury experts and especially sick of the obscene sums of money they were getting. It was one thing to have their a.s.sistance while investigating potential jurors. It was a far different matter to have them lurking everywhere during the trial, always anxious to prepare a daily report to tell the lawyers how the case was trying. Rohr could read a jury far better than any consultant.
Arnold Levine of Miami said little because the group knew his feelings. He"d once taken on General Motors in a trial that lasted eleven months, so six weeks was a warm-up for him.
There was no coin toss when the vote was even. It had been agreed long before jury selection that this was Wendall Rohr"s trial, filed in his hometown, fought in his courtroom before his judge and his jurors. The plaintiff"s trial council was a democratic body to a point, but Rohr had veto power which could not be overridden.
He made his decision late Sunday, and the serious egos left bruised but not permanently damaged. There was too much at stake for bickering and second-guessing.
Twenty-three.
The first order of business Monday morning was a private meeting between Judge Harkin and Nicholas, the topic being the fire and his well-being. They met alone in chambers. Nicholas a.s.sured him he was fine and had enough clothing at the motel to wash and rewash. He was just a student with little to lose, with the exception of a fine computer and some expensive surveillance equipment, all of which was, of course, uninsured along with everything else.
The fire was dispensed with quickly, and since they were alone Harkin asked, "So how are the rest of our friends doing?" Chatting off the record like this with a juror was not improper, but was certainly in the gray area of trial procedure. The better practice was to have the lawyers present and to record every word with a court reporter. But Harkin wanted just a few minutes of gossip. He could trust this kid.
"Everything"s fine," Nicholas said.
"Nothing unusual?"
"Not that I can think of."
"Is the case being discussed?"
"No. In fact, when we"re together, we try to avoid it."
"Good. Any spats or squabbles?"
"Not yet."
"Food"s okay?"
"Food"s fine."
"Enough personal visits?"
"I think so. I haven"t heard any complaints."
Harkin would have loved to know if there was any hanky-panky among the jurors, not that it would carry any legal significance. He just had a dirty mind. "Good. Let me know if there"s a problem. And let"s keep this quiet."
"Sure," Nicholas said. They shook hands and he left.
Harkin greeted the jurors warmly and welcomed them back for another week. They seemed eager to get to work and finish this ordeal.
Rohr rose and called Leon Robilio as the next witness, and the players settled down to business. Leon was led from a side door into the courtroom. He shuffled gingerly in front of the bench to the witness stand, where the deputy a.s.sisted him in having a seat. He was old and pale, dressed in a dark suit, white shirt, no tie. He had a hole in his throat, an opening covered by a thin white dressing and camouflaged with a white linen neckerchief. When he swore to tell the truth, he did so by holding a pencillike mike to his neck. The words were the flat, pitchless monotone of a throat cancer victim without a larynx.
But the words were audible and understandable. Mr. Robilio held the microphone close to his throat and his voice rattled around the courtroom. This was how he talked, dammit, and he did so every day of his life. He meant to be understood.
Rohr got quickly to the point. Mr. Robilio was sixty-four years old, a cancer survivor who"d lost his voice box eight years earlier and had learned to talk through his esophagus. He had smoked heavily for nearly forty years, and his habits had almost killed him. Now, in addition to the aftereffects of the cancer, he suffered from heart disease and emphysema. All because of the cigarettes.
His listeners quickly adjusted to his amplified, robotlike voice. He grabbed their attention for good when he told them he"d made his living for two decades as a lobbyist for the tobacco industry. He quit the job when he got cancer and realized that even with the disease he couldn"t stop smoking. He was addicted, physically and psychologically addicted to the nicotine in cigarettes. For two years after his larynx was removed and the chemotherapy ravaged his body, he continued to smoke. He finally quit after a near-fatal heart attack.
Though obviously in bad health, he still worked full-time in Washington, but now he was on the other side of the fence. He had the reputation of a fiercely committed antismoking activist. A guerrilla, some called him.
In a prior life, he had been employed at the Tobacco Focus Council. "Which was nothing more than a slick lobbying outfit funded entirely by the industry," he said with disdain. "Our mission was to advise the tobacco companies on current legislation and attempts to regulate them. We had a fat budget with unlimited resources to wine and dine influential politicians. We played hardball, and we taught other tobacco apologists the ins and outs of political fistfighting."
At the Council, Robilio had access to countless studies of cigarettes and the tobacco industry. In fact, part of the mission of the Council was the meticulous a.s.similation of all known studies, projects, experiments. Yes, Robilio had seen the infamous nicotine memo Krigler had described. He"d seen it many times, though he did not keep a copy. It was well known at the Council that all tobacco companies kept nicotine at high levels to ensure addiction.
Addiction was a word Robilio used over and over. He"d seen studies paid for by the companies in which all sorts of animals had been quickly addicted to cigarettes through nicotine. He"d seen and helped hide studies proving beyond any doubt that once young teenagers were hooked on cigarettes the rates of kicking the habit were much lower. They became customers for life.
Rohr produced a box of thick reports for Robilio to identify. The studies were admitted into evidence, as if the jurors would find the time to plow through ten thousand pages of doc.u.ments before making their decision.
Robilio regretted many things he"d done as a lobbyist, but his greatest sin, one he struggled with daily, had been the artfully worded denials he"d issued claiming the industry did not target teenagers through advertising. "Nicotine is addictive. Addiction means profits. The survival of tobacco depends upon each new generation picking up the habit. Kids receive mixed messages through advertising. The industry spends billions portraying cigarettes as cool and glamorous, even harmless. Kids get hooked easier, and stay hooked longer. So it"s imperative to seduce the young." Robilio managed to convey bitterness through his man-made voice box. And he managed to sneer at the defense table while looking warmly at the jurors.