A Time For Mercy

At the office one day, Portia tells Jake she’s worried about the lack of business the firm is seeing. They’ve only opened seven minor new files in six weeks when they usually open twenty in a month. Jake tells her not to worry and that he’ll handle it.

Kiera has developed a friendship with Reverend McGarry’s wife, Meg, who is also pregnant. One day, the women talk about abortion and the decision Kiera must make. Meg tells Kiera that abortion is murder and causes lasting damage to any woman who has one. She then tells Kiera that no doctor will perform an abortion if the mother doesn’t want it and encourages Kiera to stand up for herself and what she wants. Meg then suggests adoption, saying Kiera is too young to raise a baby. Meg then tells Kiera that she’ll need to stop attending church services soon because her pregnancy is starting to show.

Jake and Carla sip wine on their patio while Jake explains that the death of an expert will delay the Smallwood trial by months and that the county refuses to pay him more than $1000 for Drew’s case. He also explains that business at the firm is slow, Josie needs $300 for rent, and Stan at the bank needs payment on the litigation loan. Jake says their only option is a second mortgage on their home.

When school ends for the summer, the Brigance family travels to the coast to stay with Carla’s parents at their waterfront condominium. During the 12-hour drive, Jake and Carla talk about Drew’s trial and the importance of sympathy from the jury. Jake also mentions the possibility of a hung jury because some jurors might want a lesser punishment than the death penalty. A hung jury will lead to a retrial and more jail time for Drew. Their conversation then turns to Josie, who has promised not to force Kiera to get an abortion. Carla asks Jake if he has considered adopting the baby since it’s unlikely Carla will ever get pregnant again. Jake asks how the decision will impact their family and how the town would react to their adopting Stuart Kofer’s child.

The Brigances arrive at the condo and walk along the beach. Hanna plays with her grandparents while Carla and Jake continue talking. Carla offers to tutor Drew over the summer, but Jake doesn’t think Ozzie will like the idea or the thought of his wife visiting the jail. However, he agrees to look into it.

On May 31, Jake leaves Carla and Hanna with Carla’s parents and drives to the Kids Advocacy Foundation in Washington, DC. He meets Libby Provine, a 50-year-old redhead with a Scottish accent. She is a lawyer with the foundation and helps teens on trial for serious crimes. She tells Jake he’ll need two experts for the case, one for the insanity defense and one for sentencing if Drew is found guilty. Jake then tells Libby the jury demographic and the key details of the case, including Kiera’s pregnancy. At the end of their conversation, Libby agrees to join Drew’s defense team. She’ll provide the sentencing expert and has numerous recommendations for the insanity defense expert.

When his family returns from vacation, Jake takes Carla to the jail to tutor Drew. A deputy walks them to a small room where Drew is waiting. Carla introduces herself and explains that she’ll work with Drew twice a week. Drew tells her he hates school and doesn’t have a favorite subject. Carla remains optimistic and tests Drew on his math skills. Jake notices how much Drew has improved after his arrest eleven weeks ago. His antidepressants are working, and one of the guards is very kind to Drew and spends time talking and playing cards with Drew.

After an hour, Jake leaves for a meeting at the bank. He greets Stan, and the two men get right to business. Stan tells Jake his bosses want half of the litigation loan paid within two weeks. Jake then asks about refinancing his home to make that payment on the loan. Stan says the bankers aren’t confident in Jake’s income, so they have denied the refinance.

Jake then goes to his office and sees Josie drinking coffee with Portia. Josie says Kiera is doing well and that her pregnancy is becoming apparent. She then shows Jake some medical bills totaling over $16,000. She can’t declare bankruptcy because she did so two years ago in Louisiana. Jake says he’ll call the hospitals and doctor to buy her some time. Josie then asks for a small loan for a new transmission for her car, and Jake agrees. He then suggests that Josie and Kiera move and disappear to keep Kiera’s pregnancy secret and to avoid debt collectors. Jake advises they go to Oxford and lay low until Drew’s trial. Moving will also allow Kiera to have her baby without the public knowing. Josie reluctantly agrees.

That afternoon, Jake visits Chancellor Reuben Atlee in his home. He asks Atlee to talk to Noose about moving the trial out of Ford County. He explains that the Kofers have a lot of friends and that Ozzie and his deputies are angry. Atlee agrees to talk to Noose.

On Friday, June 8, Lowell, Ozzie, and two others meet with Jake, Josie, and Kiera. Lowell asks Kiera if she understands that he might call her as a witness and how the trial will work, and she says she does. He then asks her to describe what happened the night Stuart Kofer died. Kiera tells of her experience waiting for Stuart to come home, the fight between him and Josie, and Drew shooting Stuart when they believed their mother was dead. At the end of her story, Kiera sobs. Lowell then asks a series of questions, which she answers until Lowell asks about Stuart hitting her or her brother, to which Jake objects. When Jake doesn’t budge, Lowell and his team leave, and Jake tells Kiera she did well.

On Friday afternoon, Jake hosts a backyard barbeque. The first guests to arrive are Carl Lee Hailey and his family. Since Carl Lee’s trial, Brigances have invited them to many social gatherings to try and change how infrequently people see Black people in Clanton’s white neighborhoods. In a private conversation, Carl Lee tells Jake about Stuart’s frequent bar fights, including a fight in a primarily Black-populated bar in another county. Another deputy knew about Stuart’s behavior but refused to expose another officer.

On June 13, Libby Provine arrives from Washington, bringing with her a psychiatrist from Baylor University. Dr. Thane Sedgwick will interview Drew and write a report to help during sentencing. While Sedgwick works with Drew, Jake takes Libby and Portia to the courthouse. He introduces Libby to Lowell, who objects to her assisting the defense. At 2:30pm, Noose enters the courtroom, and everyone takes their seats. Jake introduces Libby to the court, and Noose approves her working on Drew’s defense.

The first motion Noose discusses is for a change of venue for Drew’s trial, saying he will deliver a ruling on it soon. The second motion is Jake’s request to remove the capital murder indictment, as it violates the Eighth Amendment. Noose denies the motion. Jake then files a motion to move Drew to a juvenile facility until the trial so that he can access more educational opportunities. Noose overrules this motion, as well. Noose and both legal teams then move to Noose’s chambers to discuss the final motion privately.

Lowell’s motion requests that any testimony that demonizes Stuart Kofer be limited because he can’t defend himself. Libby says the reputation of the deceased is fair game. She then provides a photo of Josie’s face from the night of the shooting to prove how abusive Stuart was. Libby says Stuart hit Drew and sexually abused Kiera, all of which needs to be discussed at trial. Lowell says he needs to be able to compel Kiera to answer his questions before the trial so Jake can’t ambush him, but Noose says he doesn’t like the idea. He also tells Lowell that he’ll take the motion under advisement and will give an answer at trial when he sees where the testimony goes.

That night, Libby and Sedgwick join the Brigances at their house for dinner. Libby talks about growing up in Scotland and how she became a lawyer. Sedgwick spent three hours with Drew that day and will spend two more hours with him tomorrow. Libby says they likely won’t need Sedgwick, because she feels it will be difficult for either side to win the trial, but Jake disagrees.

Jake and Carla drop Hanna at his parents’ house the following Saturday and drive to Oxford, an hour away. Jake and Carla attended college at Ole Miss in Oxford, so they know the area well. Josie and Kiera moved to Oxford two weeks ago, and Jake and Carla want to visit them. Josie welcomes them into their new apartment, furnished by previous college students and through the generosity of Good Shepherd’s congregation. Jake, Carla, Josie, and Kiera then drive to the Ole Miss campus for a picnic lunch. Then, they walk through campus, and Jake and Carla point out various places they know, including where Jake proposed.

On Sunday, the Brigance family attends church at Good Shepherd. Reverend McGarry is genuinely happy to see them, and the congregation ensures the family feels welcome.

At 9:55am on Monday, Jake walks from his office to Peoples Trust, a bank run by Herb Cutler. The two men greet each other and discuss Jake’s home refinance application. Herb asks Jake if he can afford a $3000 payment per month, and Jake says he can. Herb then asks to see some financial statements before agreeing to the loan.

Jake and Harry Rex meet with the railroad’s lawyers three hours later. Neal Nickel walks into the room, and the court reporter swears him in. He testifies that he followed a swerving truck driven by another witness on the night of the crash. Neal saw the flashing red lights at the crossing and the passing train. He then describes how the Smallwoods drove into the side of the train. The emergency responders flooded the area, blocking Neal’s way out for three hours. Sean Gilder, one of the railroad’s lawyers, then asks Neal about Jake’s private investigator, and Neal says he felt compelled to step forward when he learned the other witness still claims the crossing lights weren’t working. Jake chooses not to ask Neal any questions.

Jake leaves work after dark and stops at a grocery store to grab some things for Carla. He checks out, and as he approaches his car, he hears an unfriendly voice call his name. Jake turns around, and a man punches him in the face, knocking him to the ground. The man then kicks Jake, who takes a can from his bag and throws it in his assailant’s face. The man kicks Jake again. Jake gets to his feet, but another man tackles him from behind, forcing him back to the ground. The second man continually hits Jake as the first man kicks him, eventually kicking Jake in the groin, causing him to pass out. Someone fires a gun in the air twice, and the attackers run away.

Carla arrives at the hospital, and a nurse tells her that Jake is breathing on his own and is somewhat alert. A doctor and family friend says he’s not in danger but is in much pain. Deputy Parnell Johnson arrives and says William Bradley saw the beating and fired his gun to scare the men away, though no one knows who attacked Jake. An hour later, Carla visits Jake in his room. He has a broken nose, two broken ribs, two missing teeth, and three cuts on his face requiring 41 stitches. Carla almost faints when she sees him. The doctor says Jake will need to stay for a few days, so she’s welcome to stay in the room with him.

At 7am the following day, a doctor takes Jake away for more scans and x-rays, so Carla goes home and makes numerous phone calls to update those closest to her and Jake. When she returns to the hospital, people eager to hear how Jake’s doing crowd the waiting room. Carla goes to Jake’s room and sees he’s awake and angry that he has to stay in the hospital for so long.

That afternoon, Ozzie visits Jake and asks who attacked him. Jake knows one was Stuart Kofer’s brother, but he isn’t sure about the other. Jake tells Ozzie to look for a mark from the can he threw. Jake then tells Ozzie to thank Bradley for saving his life.

By Wednesday, the swelling around Jake’s eyes has decreased enough that he can open his eyes and see blurry images. He first sees Carla, who tells him he has several doctor appointments. He insists he will return home tomorrow and doesn’t want to see or talk to anyone yet.

Deputy Tatum and Deputy Swayze visit Cecil Kofer while he’s at work with his dirt crew. They walk into his trailer and excuse his secretary. They then question Cecil about where he was on Monday night and ask about the knot on Cecil’s head. Tatum then says Jake identified Cecil as one of his attackers, and a witness identified his truck leaving the scene, but Cecil denies any involvement in the attack. Tatum says they’ll return tomorrow to arrest him.

Later that afternoon, Ozzie and Tatum return to Jake’s hospital room and tell him about Tatum’s visit with Cecil and that he’ll arrest him tomorrow. Jake says he’s not pressing charges but asks Ozzie to tell the Kofers to leave him alone, or he will. Jake’s memories of the attack haunt him during his last night in the hospital. He feels more sympathetic toward the Gambles and the daily fear they must have felt living with violence.