by John Grisham
"You don't think I'll be convicted?"
"Hell no. Listen, Sam, take my word for it. We'll get us a jury full of patriots, your kind of people, Sam. All white. All worried about their little children being forced to go to schools with little nigger kids. Good people, Sam. We'll pick twelve of 'em, put 'em in the jury box, and explain to 'em how these stinkin' Jews have encouraged all this civil rights nonsense. Trust me, Sam, it'll be easy." With that, Clovis leaned across the shaky table, patted Sam on the arm, and said, "Trust me, Sam, I've done it before."
Later that day, Sam was handcuffed, surrounded by Greenville city policemen, and led to a waiting patrol car. Between the jail and the car, he had his picture taken by a small army of photographers. Another group of these assertive people were waiting at the courthouse when Sam arrived with his entourage.
He appeared before the municipal judge with his new lawyer, the Honorable Clovis Brazelton, who waived the preliminary hearing and performed a couple of other quiet and routine legal maneuvers. Twenty minutes after he'd left the jail, Sam was back. Clovis promised to return in a few days to start plotting strategy, then he wandered outside and performed admirably for the reporters.
* * *
It took a full month for the media frenzy to subside in Greenville. Both Sam Cayhall and Jeremiah Dogan were indicted for capital murder on May 5, 1967. The local district attorney proclaimed loudly that he would seek the death penalty. The name of Rollie Wedge was never mentioned. The police and FBI had no idea he existed.
Clovis, now representing both defendants, successfully argued for a change of venue, and on September 4, 1967, the trial began in Nettles County, two hundred miles from Greenville. It turned into a circus. The Klan set up camp on the front lawn of the courthouse and staged noisy rallies almost on the hour. They shipped in Klansmen from other states, even had a list of guest speakers. Sam Cayhall and Jeremiah Dogan were seized as symbols of white supremacy, and their beloved names were called a thousand times by their hooded admirers.
The press watched and waited. The courtroom Was filled with reporters and journalists, so the less fortunate were forced to wait under the shade trees on the front lawn. They watched the Klansmen and listened to the speeches, and the more they watched and photographed the longer the speeches became.
Inside the courtroom, things were going smoothly for Cayhall and Dogan. Brazelton worked his magic and seated twelve white patriots, as he preferred to call them, on the jury, then began poking rather significant holes in the prosecution's case. Most importantly, the evidence was circumstantial - no one actually saw Sam Cayhall plant the bomb. Clovis preached this loudly in his opening statement, and it found its mark. Cayhall was actually employed by Dogan, who'd sent him to Greenville on an errand, and he just happened to be near the Kramer building at a most unfortunate moment. Clovis almost cried when he thought of those two precious little boys.
The dynamite fuse in the trunk had probably been left there by its previous owner, a Mr. Carson Jenkins, a dirt contractor from Meridian. Mr. Carson Jenkins testified that he handled dynamite all the time in his line of work, and that he evidently had simply left the fuse in the trunk when he sold the car to Dogan. Mr. Carson Jenkins was a Sunday school teacher, a quiet, hardworking salt-of-the-earth little man who was completely believable. He was also a member of the Ku Klux Klan, but the FBI didn't know it. Clovis orchestrated this testimony without a flaw.
The fact that Cayhall's car had been left at the truck stop in Cleveland was never discovered by the police or FBI. During his first phone call from jail, he had instructed his wife to get his son, Eddie Cayhall, and drive to Cleveland immediately for the car. This was a significant piece of luck for the defense.
But the strongest argument presented by Clovis Brazelton was simply that no one could prove that his clients conspired to do anything, and how in the world can you, the jurors of Nettles County, send these two men to their deaths?
After four days of trial, the jury retired to deliberate. Clovis guaranteed his clients an acquittal. The prosecution was almost certain of one. The Kluckers smelled victory, and increased the tempo on the front lawn.
There were no acquittals, and there were no convictions. Remarkably, two of the jurors boldly dug in their heels and pressed to convict. After a day and a half of deliberations, the jury reported to the judge that it was hopelessly deadlocked. A mistrial was declared, and Sam Cayhall went home for the first time in five months.
* * *
The retrial took place six months later in Wilson County, another rural area four hours from Greenville and a hundred miles from the site of the first trial. There were complaints of Klan harassment of prospective jurors in the first trial, so the judge, for reasons that were never made clear, changed venue to an area crawling with Kluckers and their sympathizers. The jury again was all-white and certainly non-Jewish. Clovis told the same stories with the same punch lines. Mr. Carson Jenkins told the same lies.
The prosecution changed strategy a bit, to no avail. The district attorney dropped the capital charges and pressed for a conviction for murder only. No death penalty, and the jury could, if it so chose, find Cayhall and Dogan guilty of manslaughter, a much lighter charge but a conviction nonetheless.
The second trial had something new. Marvin Kramer sat in a wheelchair by the front row and glared at the jurors for three days. Ruth had tried to watch the first trial, but went home to Greenville where she was hospitalized again for emotional problems. Marvin had been in and out of surgery since the bombing, and his doctors would not allow him to watch the show in Nettles County.
For the most part, the jurors could not stand to look at him. They kept their eyes away from the spectators, and, for jurors, paid remarkable attention to the witnesses. However, one young lady, Sharon Culpepper, mother of twin boys, could not help herself. She glanced at Marvin repeatedly, and many times their eyes locked. He pleaded with her for justice.
Sharon Culpepper was the only one of the twelve who initially voted to convict. For two days she was verbally abused and harangued by her peers. They called her names and made her cry, but she doggedly held on.
The second trial ended with a jury hung eleven to one. The judge declared a mistrial, and sent everybody home. Marvin Kramer returned to Greenville, then to Memphis for more surgery. Clovis Brazelton made a spectacle of himself with the press. The district attorney made no promises of a new trial. Sam Cayhall went quietly to Clanton with a solemn vow to avoid any more dealings with Jeremiah Dogan. And the Imperial Wizard himself made a triumphant return to Meridian where he boasted to his people that the battle for white supremacy had just begun, good had defeated evil, and on and on.
The name of Rollie Wedge had been uttered only once. During a lunch break in the second trial, Dogan whispered to Cayhall that a message had been received from the kid. The messenger was a stranger who spoke to Dogan's wife in a hallway outside the courtroom. And the message was quite clear and simple. Wedge was nearby, in the woods, watching the trial, and if Dogan or Cayhall mentioned his name, their homes and families would be bombed to hell and back.
3
RUTH and Marvin Kramer separated in 1970. He was admitted to a mental hospital later that year, and committed suicide in 1971. Ruth returned to Memphis and lived with her parents. In spite of their problems, they had pressed hard for a third trial. In fact, the Jewish community in Greenville was highly agitated and vocal when it became apparent that the district attorney was tired of losing and had lost his enthusiasm for prosecuting Cayhall and Dogan.
Marvin was buried next to his sons. A new park was dedicated to the memory of josh and John Kramer, and scholarships were established. With time, the tragedy of their deaths lost some of its horror. Years passed, and Greenville talked less and less about the bombing.
Despite pressure from the FBI, a third trial did not materialize. There was no new evidence. The judge would no doubt change venue again. A prosecution looked hopeless, but still the FBI did not quit.<
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With Cayhall unwilling and Wedge unavailable, Dogan's bombing campaign fizzled. He continued to wear his robe and make his speeches, and began to fancy himself as a major political force. Journalists up North were intrigued by his blatant race-baiting, and he was always willing to put on his hood and give outrageous interviews.
He was mildly famous for a brief period, and he enjoyed it immensely.
But by the late 1970s, Jeremiah Dogan was just another thug with a robe in a rapidly declining organization. Blacks were voting. The public schools were desegregated. Racial barriers were being struck down by federal judges throughout the South. Civil rights had arrived in Mississippi, and the Klan had proven pitifully inept in keeping Negroes where they belonged. Dogan couldn't draw flies to a cross-burning.
In 1979, two significant events occurred in the open but inactive Kramer bombing case. The first was the election of David McAllister as the district attorney in Greenville. At twenty-seven he became the youngest D.A. in the state's history. As a teenager he had stood in the crowd and watched the FBI pick through the rubble of Marvin Kramer's office. Shortly after his election, he vowed to bring the terrorists to justice.
The second event was the indictment of Jeremiah Dogan for income tax evasion. After years of successfully dodging the FBI, Dogan got sloppy and ran afoul of the IRS. The investigation took eight months and resulted in an indictment that ran for thirty pages. According to it, Dogan had failed to report over a hundred thousand dollars between 1974 and 1978. It contained eighty-six counts, and carried a maximum of twenty-eight years in prison.
Dogan was dead guilty, and his lawyer (not Clovis Brazelton) immediately began exploring the possibility of a plea bargain. Enter the FBI.
Through a series of heated and angry meetings with Dogan and his lawyer, a deal was offered by the government whereby Dogan would testify against Sam Cayhall in the Kramer case, and in return he would serve no time in jail for tax evasion. Zero days behind bars. Heavy probation and fines, but no jail. Dogan had not spoken to Cayhall in over ten years. Dogan was not active in the Klan anymore. There were lots of reasons to consider the deal, not the least of which was the issue of remaining a free man or spending a decade or so in prison.
To prod him along, the IRS attached all of his assets, and planned a nice little fire sale. And to help with his decision, David McAllister convinced a grand jury in Greenville to indict him and his pal Cayhall once again for the Kramer bombing.
Dogan caved in and jumped at the deal.
* * *
After twelve years of living quietly in Ford County, Sam Cayhall once again found himself indicted, arrested, and facing the certainty of a trial and the possibility of the gas chamber. He was forced to mortgage his house and small farm to hire a lawyer. Clovis Brazelton had gone on to bigger things, and Dogan was no longer an ally.
Much had changed in Mississippi since the first two trials. Blacks had registered to vote in record numbers, and these new voters had elected black officials. All-white juries were rare. The state had two black trial judges, two black sheriffs, and black lawyers could be spotted with their white brethren roaming the courthouse hallways. Officially, segregation was over. And many white Mississippians were beginning to look back and wonder what all the fuss was about. Why had there been such resistance to basic rights for all people? Though it had a long way to go, Mississippi was a far different place in 1980 than in 1967. And Sam Cayhall understood this.
He hired a skilled trial advocate from Memphis named Benjamin Keyes. Their first tactic was to move to dismiss the indictment on the grounds that it was unfair to try him again after such a delay. This proved to be a persuasive argument, and it took a decision by the Mississippi Supreme Court to settle the matter. By a vote of six to three, the court ruled that the prosecution could proceed.
And proceed it did. The third and final trial of Sam Cayhall began in February of 1981, in a chilly little courthouse in Lakehead County, a hill county in the northeastern corner of the state. Much could be said about the trial. There was a young district attorney, David McAllister, who performed brilliantly but had the obnoxious habit of spending all his spare time with the press. He was handsome and articulate and compassionate, and it became very clear that this trial had a purpose. Mr. McAllister had political ambitions on a grand scale.
There was a jury of eight whites and four blacks. There were the glass sample, the fuse, the FBI reports, and all the other photos and exhibits from the first two trials.
And then, there was the testimony of Jeremiah Dogan, who took the stand in a denim workshirt and with a humble countenance solemnly explained to the jury how he conspired with Sam Cayhall sitting over there to bomb the office of Mr. Kramer. Sam glared at him intensely and absorbed every word, but Dogan looked away. Sam's lawyer berated Dogan for half a day, and forced him to admit that he'd cut a deal with the government. But the damage was done.
It was of no benefit to the defense of Sam Cayhall to raise the issue of Rollie Wedge. Because to do so would be to admit that Sam in fact had been in Greenville with the bomb. Sam would be forced to admit that he was a coconspirator, and under the law he would be just as guilty as the man who planted the dynamite. And to present this scenario to the jury, Sam would be forced to testify, something neither he nor his attorney wanted. Sam could not withstand a rigorous cross-examination, because Sam would be forced to tell one lie to cover the last.
And, at this point, no one would believe a sudden tale of a mysterious new terrorist who'd never been mentioned before, and who came and went without being seen. Sam knew the Rollie Wedge angle was futile, and he never mentioned the man's name to his own lawyer.
* * *
At the close of the trial, David McAllister stood before the jury in a packed courtroom and presented his closing argument. He talked of being a youngster in Greenville and having Jewish friends. He didn't know they were different. He knew some of the Kramers, fine folks who worked hard and gave back to the town. He also played with little black kids, and learned they made wonderful friends. He never understood why they went to one school and he went to another. He told a gripping story of feeling the earth shake on the morning of April 21, 1967, and running in the direction of downtown where smoke was drifting upward. For three hours, he stood behind the police barricades and waited. He saw the firemen scurry about when they found Marvin Kramer. He saw them huddle in the debris when they found the boys. Tears dripped down his cheeks when the little bodies, covered in white sheets, were carried slowly to an ambulance.
It was a splendid performance, and when McAllister finished the courtroom was silent. Several of the jurors dabbed at their eyes.
* * *
On February 12, 1981, Sam Cayhall was convicted on two counts of capital murder and one count of attempted murder. Two days later, the same jury in the same courtroom returned with a sentencing verdict of death.
He was transported to the state penitentiary at Parchman to begin waiting for his appointment with the gas chamber. On February 19, 1981, he first set foot on death row.
4
THE law firm of Kravitz & Bane had almost three hundred lawyers peacefully coexisting under the same roof in Chicago. Two hundred and eighty-six to be exact, though it was difficult for anyone to keep score because at any given moment there were a dozen or so leaving for a multitude of reasons, and there were always two dozen or so shiny, fresh new recruits trained and polished and just itching for combat. And though it was huge, Kravitz & Bane had failed to play the expansion game as quickly as others, had failed to gobble up weaker firms in other cities, had been slow to raid clients from its competitors, and thus had to suffer the distinction of being only the third largest firm in Chicago. It had offices in six cities, but, much to the embarrassment of the younger partners, there was no London address on the letterhead.
Though it had mellowed some, Kravitz & Bane was still known as a vicious litigation firm. It had tamer departments for real estate, tax, and antitrust, but
its money was made in litigation. When the firm recruited it sought the brightest third-year students with the highest marks in mock trials and debate. It wanted young men (a token female here and there) who could be instantly trained in the slash-and-attack style perfected long ago by Kravitz & Bane litigators.
There was a nice though small unit for plaintiffs' personal injury work, good stuff from which they took 50 percent and allowed their clients the remainder. There was a sizable section for white-collar criminal defense, but the white-collar defendant needed a sizable net worth to strap on Kravitz & Bane. Then there were the two largest sections, one for commercial litigation and one for insurance defense. With the exception of the plaintiffs' work, and as a percentage of gross it was almost insignificant, the firm's money was earned by billable hours. Two hundred bucks per hour for insurance work; more if the traffic could stand it. Three hundred bucks for criminal defense. Four hundred for a big bank. Even five hundred dollars an hour for a rich corporate client with lazy in-house lawyers who were asleep at the wheel.
Kravitz & Bane printed money by the hour and built a dynasty in Chicago. Its offices were fashionable but not plush. They filled the top floors of, fittingly, the third-tallest building downtown.
Like most large firms, it made so much money it felt obligated to establish a small pro bono section to fulfill its moral responsibility to society. It was quite proud of the fact that it had a full-time pro bono partner, an eccentric do-gooder named E. Garner Goodman, who had a spacious office with two secretaries on the sixty-first floor. He shared a paralegal with a litigation partner. The firm's gold-embossed brochure made much of the fact that its lawyers were encouraged to pursue pro bono projects. The brochure proclaimed that last year, 1989, Kravitz & Bane lawyers donated almost sixty thousand hours of their precious time to clients who couldn't pay. Housing project kids, death row inmates, illegal aliens, drug addicts, and, of course, the firm was deeply concerned with the plight of the homeless. The brochure even had a photograph of two young lawyers, jackets off, sleeves rolled up, ties loosened about the neck, sweat in the armpits, eyes filled with compassion, as they performed some menial chore in the midst of a group of minority children in what appeared to be an urban landfill. Lawyers saving society.
