Uncertain Justice

Court House

CHAPTER ONE

"A San Antonio jury continues to deliberate in an attempt to reach a verdict in the trial of accused r****t Miles Underwood. A third note was passed to Superior Court Judge Roy Farmer yesterday afternoon indicating they were deadlocked on all charges. In a last ditch effort to avoid a costly mistrial, Judge Farmer instructed the seven women and five men on the panel to return to their deliberations and try to reach a consensus.

"Underwood, a twenty-year veteran of the U.S. Army, is charged in the r**e and manslaughter of teenager Virginia Rodriguez of New Braunfels. Underwood has maintained his innocence throughout the trial, claiming his only contact with the girl was to give her first aid when she collapsed at the home of mutual friends.

"In other news, the Texas Department of Transportation announced plans to expand Loop 1604 around San Antonio to a four lane controlled access highway on the south side of the city beginning next October. The winning bid on the highway expansion will be announced...."

KSAA Channel Nine

San Antonio Texas

"Evening News at Six"

February 4

§

The c***k of wood slapping hard wood pierced the low buzz in the courtroom, silencing conversations in mid-word and turning all heads toward the bench. His honor, Judge Roy Farmer, was fuming. He knew he was going to do something this morning he wouldn't like, and he wasn't at all accustomed to being forced into anything that displeased him. A second rap on the sounding block was unnecessary. Order had been reestablished with the first.

"We're back on the record in the matter of the State of Texas versus Underwood," Judge Farmer announced. It was so quiet in the packed courtroom he could hear the whine of the floor fan in the rear of the room. The sound irritated him. He wanted to order it disconnected, but choked off the demand before he spoke. After all, it had been placed there at his request; it was there solely for his benefit. He turned to look at the jury box.

"Madam foreperson!" His voice boomed in the silence. Three jurors, already thoroughly intimidated by the judge's manner, squirmed uncomfortably in their chairs. The lean, acidic ex-school teacher who'd been elected foreperson stood to face the judge. Her chin rose to acknowledge his summons.

"Yes," Judge Farmer continued, his tone more accusation than statement. "I have this note from you." He held up the unfolded sheet of paper between thumb and forefinger before dropping it disdainfully to the desktop again. "You say that you are 'hopelessly deadlocked' and that it appears you cannot reach a verdict in this case."

"Yes, your Honor. That is correct." The elderly woman held firm against the judge's scowl. "We've voted a number of times on each count in the indictment and we are unable to agree on any of them."

Judge Farmer held his breath for a minute, controlling and concealing his anger as best he could. His jaw muscles clinched as he searched for the words he wanted. "Is there any way," he asked formally, "that this jury can reach a finding with additional deliberation ... any possibility at all?"

"No, your Honor. There is not," she said emphatically. "We find ourselves stalemated on all charges." She shot a glance in Miles' direction. Though brief, it was unmistakably disapproving.

"A number of the jury are completely intransigent in their position, Your Honor," she continued. "I see absolutely no prospect of a unanimous decision." She edged imperceptibly away from the short, burly man to her left, making it clear where some of the obstinacy could be found.

The middle-aged Hispanic peered up at the prim spinster's face. His eyes narrowed, momentarily increasing the wrinkles in his weathered face. For a moment, he seemed about to join the discussion, but then settled back into his seat. His hands relaxed in his lap. The curl at the corner of his lips showed amusement ... or perhaps something less charitable. It disappeared too quickly to be sure.

"Thank you, Madam Foreperson, you may sit down." Judge Farmer glowered impartially at the two who clearly represented the 'intransigent' viewpoints on the jury. Lifting his gaze, his eyes flicked across each juror a final time before swiveling his chair back face the attorneys and spectators.

"I am ... extremely disappointed that twelve reasonable citizens, after six weeks of testimony and reflection on the facts, cannot arrive at a fair verdict. It is...."

He forced himself to stop, biting the inside of his lower lip to keep from making an observation that might be cause for reversal in a new trial. He would have to preside over that one too and if this case ever did get settled, he sure as hell didn't want it sent back down to him after a successful appeal. He sighed inaudibly.

"Be that as it may," he said slowly, resigning himself to the inevitable, "I have no alternative other than to declare a mistrial in these proceedings." He spoke to the jury for the record, but he would not look at them. "The court thanks you for your service and you are dismissed."

Judge Farmer fixed his attention on the attorneys for the prosecution and defense. The three representing the State of Texas sat to his left front, a few feet from the jurors slowly filing out of the jury box. The attorneys were busy gathering legal pads and stray legal papers, stuffing them into cavernous briefcases.

The defendant and his counsel were to his right front; the accused was visibly uncomfortable in his off-the-rack suit. The judge snorted softly. You'd think the man would try to make as good an impression as he could. On the other hand, why waste an expensive suit you were likely to be wearing to prison. He took up the gavel again and tapped it on the sounding block twice to bring attention back to the bench.

"Mr. Brady, do you know at this time if the people will be retrying this case?" There was little chance of this going away, but he had to ask.

"Yes, your Honor. The State believes Mr. Underwood is guilty of particularly heinous crimes and we will seek an early date for a new trial. We're confident we will be able to convict Mr. Underwood given the chance to present all the facts to an impartial jury." The District Attorney's words held a delicate maliciousness that could easily be denied later. He glanced at the defendant and his lawyer across the aisle to include them in the conspiracy.