Page 66 of The Devil's Advocate

‘Yes, ma’am.’

‘Having watched those news reports, and read those articles, how can you distinguish between what was reported, and what the facts are in this case?’

‘I don’t believe everything I read in the papers, and I mostly don’t believe what I see on TV, ma’am.’

Good answer. I was beginning to like Mr. Avery. I could tell Kate was warming to him too.

‘How do you decide what you believe to be the truth, Mr. Avery?’ asked Kate.

‘Well, with the news, if it came out of Washington it’s most likely not true. Or it’s just someone’s truth. My pappy always taught me there are two sides to a story.’

‘What do you do in your spare time, Mr. Avery, when you’re not working the farm?’

Judge Chandler rolled his eyes. He wasn’t going to tolerate too much of this.

‘I read,’ said Avery.

‘What do you read?’

‘Fiction, mostly the classics.’

Kate took her time, focusing on Avery. He had no reason to lie. She leaned over to me.

‘I think he’s not bad. What do you think?’

‘If he’s being truthful about reading then I say we take him. Readers have empathy. Anyway, there’s no challenge for cause here. Let’s take him.’

Kate said, ‘Your Honor, we accept Mr. Avery as the eleventh juror.’

Judge Chandler directed Avery to a seat.

Eleven jurors sat in the box. Seven white guys. Two African American men and two white women. That’s what happens in death-qualified jury cases.

One place left to fill.

A young African American woman came forward and took her seat on the stand. Her name was Imelda Falls. She rated high on Kate’s wish list of jurors. Korn had one pre-emptory challenge left, and he used it.

Kate was waiting for him.

‘Your Honor, Batson challenge,’ said Kate.

Under Supreme Court law, a pre-emptory challenge cannot be used for any discriminatory reason. You can’t dump a juror just because of their skin color, religion or sex.

‘Very well, Mr. Korn, you are required to state your reasons for this challenge,’ said the judge, with a heavy sigh.

Korn rose to his feet, buttoned his jacket and cleared his throat. Giving himself time to think.

‘Your Honor, I believe it improper for the defense counsel to question whether my judgment is biased. However, I will state the reason. Miss Falls is not a juror the prosecution believes could deliver a fair verdict, based on her answers to the questionnaire.’

‘Which answers, specifically?’ asked Kate.

‘Young lady,’ said the judge, ‘you do not ask questions of the district attorney. He has given his answer. It is Batson compliant. I see nothing prejudicial. The juror is dismissed.’

Just like that.

I whispered to Kate, ‘Don’t sweat it. Chandler may as well take a seat at the prosecution table.’

She nodded. I could see the blood rising to her cheeks. Kate wanted to rip Chandler a new asshole, and I didn’t blame her. In fact, if she could get away with it, I would hold her jacket.