Three Classic Thrillers
Page 65
When she finished, there was a scattering of light applause, but only of the polite variety. It was difficult not to admire her bluntness and courage. Few, if any, would vote for her, but the lady knew what she was talking about.
It was the first time all three candidates had appeared together, and the first time Tony had watched her under pressure. “She will not be a pushover,” he reported to Barry Rinehart. “She knows her stuff and sticks to her guns.”
“Yes, but she’s broke,” Barry said with a laugh. “This is a campaign, and it’s all about money.”
__________
McCarthy wasn’t exactly broke, but her campaign was off to a miserable start. She had no campaign manager, no one to coordinate the fifty things that needed to be done immediately while coordinating a thousand details for later. She had offered the job to three people. The first two declined after considering it for twenty-four hours. The third said yes, then a week later said no.
A campaign is a small, frantic business thrown together under great pressure and with the knowledge that it will have a very short life. The full-time staff works brutal hours for low pay. The volunteers are invaluable but not always dependable. A forceful and decisive campaign manager is crucial.
Six weeks after Fisk’s announcement, Justice McCarthy had managed to open a campaign office in Jackson, near her condo, and one in Biloxi, near her home. Both were run by longtime friends, volunteers, who stayed busy recruiting more staff and calling potential donors. There were piles of bumper stickers and yard signs, but the campaign had been unable to secure a decent firm to put together the ads, direct mail, and, hopefully, television spots. There was a very basic Web site, but no other Internet activity. Sheila had received $320,000 in contributions, all but $30,000 of it coming from trial lawyers. Bobby Neal and the board had promised her, in writing, that the MTA members would donate at least $1 million, and she did not doubt that they would. But making promises was much easier than writing checks.
Getting organized was made more difficult by the fact that she had a demanding job that could not simply be ignored. The court’s docket was backed up for a mile with cases that should have been decided months earlier. There was the constant strain of never catching up. The appeals would never stop. And lives were in the balance: men and women on death row; children pulled back and forth in messy divorces; horribly injured workers waiting on a final ruling that, hopefully, would bring relief. Some of her colleagues were professional enough to detach themselves from the real people behind the cases they considered, but Sheila had never been able to.
But it was summertime, and the schedule was less taxing. She was taking off Fridays and spending long weekends on the road, visiting her district. She worked hard Monday through Thursday, then became the candidate. She planned to spend the month getting her campaign organized and on track.
Her first opponent, Mr. Coley, generally loafed Monday through Friday, resting himself for the rigors of the blackjack table. He gambled only at night, and thus had plenty of time to campaign, if he wanted to. Generally he did not. He showed up at a few county fairs and delivered colorful speeches to enthusiastic crowds. If his volunteers from Jackson were in the mood, they would drive down and erect the Faces of the Dead display, and Clete raised the volume. Every town has a dozen civic clubs, most of which are always looking for speakers. Word spread that candidate Coley could liven up the lunch, and he received an invitation or two each week. Depending on the drive, and the severity of his hangover, he would entertain the idea. By late July, his campaign had received $27,000 in donations, more than enough to cover the costs of his leased SUV and his part-time bodyguards. He’d also spent $6,000 on brochures. Every politician must have something to hand out.
Sheila’s second opponent, though, was leading a campaign that ran like a well-tuned engine. Ron Fisk worked hard at his desk on Mondays and Tuesdays, then hit the road with a detailed schedule that left only the tiniest of towns untouched. Using both the Lear 55 and a King Air, he and his traveling staff quickly circled the district. By mid-July, there was an organized committee in each of the twenty-seven counties, and Ron had given at least one speech in all of them. He spoke to civic clubs, volunteer fire departments, library teas, county bar associations, motorcycle clubs, bluegrass festivals, county fairs, and churches, churches, and churches. At least half of his speeches were in pulpits.
On July 18, Josh played his final baseball game of the season, and his father was free to campaign even more. Coach Fisk did not miss a game, though the team fell apart after he announced his candidacy. Most parents agreed that the two were not related.
In the rural areas, Ron’s message never varied. Because of liberal judges, our values are under attack from those who support gay marriage, gun control, abortion, and unrestricted access to Internet pornography. Those judges must be replaced. His first loyalty was to the Bible. Laws made by men came next, but as a supreme court justice he would manage to reconcile both when necessary. He began each speech with a short prayer.
In the less rural areas, depending on the audience, he would often move a little from the far right and dwell on the death penalty. Ron found that audiences were captivated by graphic stories of brutal crimes committed by men who were sentenced to die twenty years ago. He worked a couple of these into his routine.
But regardless of where he was, the evil-liberal-judge theme dominated every speech. After a hundred or so, Ron himself believed that Sheila McCarthy was a raging leftist who’d caused many of the state’s social problems.
On the money front, with Barry Rinehart quietly pulling the strings, contributions were arriving at a steady rate and managed to keep pace with expenses. By June 30, the first deadline to file financial reports, the Fisk campaign had received $510,000 from twenty-two hundred people. Of his contributors, only thirty-five gave the maximum of $5,000, and every one of these was a Mississippi resident. Ninety percent of donors were from within the state.
Barry knew the trial lawyers would scrutinize the contributors in the hope that out-of-state money was pouring in from big business interests. It had been a troublesome campaign issue before, and he would avoid it in the Fisk race. He was confident he would raise huge sums of money from out of state, but these donations would pour in at the chosen moment, late in the campaign when the state’s benign reporting laws protected it from being an issue. In contrast, McCarthy’s reports revealed that she was being financed by the trial lawyers, and Barry knew precisely how to wield this as an issue in his favor.
Barry also had the results of his latest poll, one that he would not share with the candidate. As of June 25, half the registered voters were now aware that there was a race. Of that number, 24 percent favored Ron Fisk, 16 percent Sheila McCarthy, and 10 percent Clete Coley. Those numbers were exciting. In less than two months, Barry had packaged an unknown lawyer who’d never worn a black robe and thrust him ahead of an opponent with nine years of experience.
And they had yet to run a single ad on television.
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On July 1, the Second State Bank was purchased by New Vista Bank, a regional chain based in Dallas. Huffy called Wes Payton with the news and was generally upbeat. The Hattiesburg office had been assured that nothing would change but the name. His loan portfolio had been reviewed by the new owners. They had quizzed him about the Paytons, and seemed content with Huffy’s promises that the loan would eventually be satisfied.
For the fourth straight month, the Paytons sent Huffy a check for $2,000.
C H A P T E R 22
In another life, Nathaniel Lester had been a flamboyant criminal defense lawyer with an uncanny knack for winning murder trials. At one point, two decades earlier, he had put together a streak of twelve consecutive not-guilty verdicts, virtually all in small towns throughout Mississippi, the types of places where those accused of heinous crimes are generally presumed guilty the moment they are arrested. His notoriety attracted clients from the civil side, and his country l
aw office in the town of Mendenhall prospered nicely.
Nat won big verdicts and negotiated even larger settlements. His specialty became catastrophic personal injuries on the offshore oil rigs where many local men went for high-paying jobs. He was active in various trial lawyer groups, gave huge sums to political candidates, built the biggest house in town, went through a series of wives, and began drinking heavily. The booze, along with a string of ethics complaints and legal skirmishes, finally slowed him down, and when he was ultimately boxed in, he surrendered his law license to avoid a prison sentence. He left Mendenhall, found a new wife, sobered up, and resurfaced in Jackson, where he embraced Buddhism, yoga, vegetarianism, and a simpler lifestyle. One of the few smart decisions he’d made during his heyday was to bury some of his money.
During the first week of August, he pestered Sheila McCarthy until she agreed to a quick lunch. Every lawyer in the state knew something of his colorful history, and she was understandably nervous. Over tofu and sprouts, he offered to run her campaign, at no cost. He would devote his considerable energies to nothing else for the next three months. She was apprehensive. His long gray hair fell to his shoulders. He had matching diamond earrings, and though they were quite small, they were still visible. He displayed one tattoo, on his left arm, and she didn’t want to think of the others and where they might be. He wore jeans and sandals and a collection of bright leather bracelets on each wrist.
But Nat had not been a successful courtroom lawyer because he was dull and unpersuasive. He most definitely was not. He knew the district, its towns and courthouses and the people who ran them. He had a passionate hatred of big business and the influence it bought, and he was bored and looking for a war.
She caved in and invited him to join hers. Driving away from the restaurant, she questioned her sanity, but she also had a gut feeling that Nathaniel Lester could be the spark her campaign so badly needed. Her own poll showed her trailing Fisk by five points, and a sense of desperation was settling in.
They met again that night at her Jackson headquarters, and in a four-hour meeting Nat assumed control. With a combination of wit, charm, and castigation, he whipped her ragtag staff into a near frenzy of excitement. To prove his mettle, he called three Jackson trial lawyers, at home, and, after a few pleasantries, asked them why in the hell they had not yet sent money to the McCarthy campaign. Using a speakerphone, he shamed them, cajoled them, berated them, and refused to hang up until each had promised significant contributions from themselves and their families, clients, and friends. Don’t mail the checks, he said—he would personally drive over before noon tomorrow and get the money himself. The three commitments totaled $70,000. From that moment, Nat was in charge.
The following day he picked up the checks and began the process of calling every trial lawyer in the state. He contacted labor groups and black leaders. He fired one staff member and hired two others. By the end of the week, Sheila was getting a morning printout of Nat’s version of her daily schedule. She haggled a little, but not much. He was already working sixteen hours a day and expected that from the candidate and everyone else.
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In Hattiesburg, Wes stopped by the home of Judge Harrison for a quiet lunch. With thirty Bowmore cases on his docket, it would be unwise to be seen in public. Though they had no intention of discussing pending business, the coziness would seem inappropriate. Tom Harrison had extended the invitation to Wes and Mary Grace, whenever they had the time. Mary Grace was out of town and sent her regrets.
The subject was politics. Tom’s circuit court district covered Hattiesburg and Forrest County and the three rural counties of Cary, Lamar, and Perry. Almost 80 percent of the registered voters were in Hattiesburg, his home and also that of Joy Hoover, his opponent. She would do well in certain precincts in the city, but Judge Harrison was confident he would do even better. Nor was he worried about the smaller counties. In fact, he seemed generally unconcerned about losing. Hoover appeared to be well financed, probably with outside money, but Judge Harrison knew his district and enjoyed its politics.
Cary County had the smallest population of the four, and it was continuing to decline with no small measure of help from Krane Chemical and its toxic history. They avoided that topic and discussed various politicians in and around Bowmore. Wes assured him that the Paytons, as well as their clients, friends, Pastor Denny Ott, and Mary Grace’s family, would do everything possible to reelect Judge Harrison.
Conversation shifted to other races, primarily that of Sheila McCarthy. She had passed through Hattiesburg two weeks earlier and spent half an hour at the Payton firm, where she awkwardly managed to avoid mentioning the Bowmore litigation while rounding up votes. The Paytons admitted they had no money to contribute but promised to work overtime to get her reelected. A truckload of yard signs and other campaign materials had been delivered to the office the following day.
Judge Harrison lamented the politicization of the supreme court. “It’s unseemly,” he was saying, “how they are forced to grovel for votes. You, as a lawyer representing a client in a pending case, should have no contact whatsoever with a supreme court justice. But because of the system, one comes to your office seeking money and support. Why? Because some special interests with plenty of money have decided they would like to own her seat on the court. They’re spending money to purchase a seat. She responds by raising money from her side of the street. It’s a rotten system, Wes.”
“How do you fix it?”
“Either take away the private money and finance the races with public funds or switch to appointments. Eleven other states have figured out how to make the appointment system work. I’m not sure their courts are vastly superior to ours in terms of legal talent, but at least the special interests don’t control them.”
“Do you know Fisk?” Wes asked.
“He’s been in my courtroom a couple of times. Nice fella, green as hell. Looks nice in a suit, typical insurance defense routine. Opens his files, files his motions, settles, closes his files, never gets his hands dirty. He’s never heard a case, mediated one, tried one, and he’s never shown any interest in being a judge. Think about it, Wes. Every small town needs lawyers occasionally to serve as city judges or assistant magistrates or traffic court referees, and we all felt the obligation to step in when we were younger. Not this guy. Every small county needs lawyers to pinch-hit with youth court and drug court and the like, and those of us who aspired to be real judges volunteered. I mean, you gotta start somewhere. Not this guy. I’ll bet he’s never been to city court in Brookhaven or youth court in Lincoln County. He wakes up one day, decides he’s suddenly passionate about the judiciary and, what the hell, he’ll just start at the top. It’s an insult to those of us who toil in the system and make it work.”
“I doubt if running was his idea.”
“No, he was recruited. That makes it even more shameful. They look around, pick some greenhorn with a nice smile and no record to attack, and package him with their slick marketing. That’s politics. But it shouldn’t contaminate the judiciary.”
“We beat them two years ago with McElwayne.”
“So you’re optimistic?”
“No, Judge, I’m terrified. I haven’t slept well since Fisk announced, and I won’t sleep well until he’s defeated. We’re broke and in debt, so we can’t write a check, but every member of our firm has agreed to spend one hour a day knocking on doors, passing out brochures, putting up yard signs, and making phone calls. We’ve written letters to our clients. We’re leaning on our friends. We’ve organized Bowmore. We’re doing everything possible because if we lose the Baker case there is no tomorrow.”
“Where is the appeal?”
“All the briefs are in. Everything is nice and tidy and waiting on the court to tell us when, and if, it wants oral argument. Probably early next year.”
“No chance of a decision before the election?”
“None whatsoever. It’s the most important case on the docket
, but then every lawyer feels this way. As you know, the court works on its own schedule. No one can push it.”
They had iced coffee as they inspected the judge’s small vegetable garden. The temperature was a hundred degrees and Wes was ready to go. They finally shook hands on the front porch. As Wes drove away, he couldn’t help but worry about him. Judge Harrison was much more concerned about the McCarthy race than his own.
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The hearing was on a motion to dismiss filed by Hinds County. The courtroom belonged to Chancellor Phil Shingleton. It was a small, busy, efficient courtroom with oak walls and the obligatory faded portraits of long-forgotten judges. There was no box for the jurors because jury trials did not occur in chancery court. Crowds were rare, but for this hearing every seat was taken.
Meyerchec and Spano, back from Chicago, sat with their radical lawyer at one table. At the other were two young women representing the county. Chancellor Shingleton called things to order, welcomed the crowd, noted the interest from the media, and looked at the file. Two courtroom artists worked on Meyerchec and Spano. Everyone waited anxiously as Shingleton flipped through paperwork as if he’d never seen it. In fact, he’d read it many times and had already written his ruling.
“Just curious,” he said without looking up. “Why did you file this thing in chancery court?”
The radical lawyer stood and said, “It’s a matter of equity, Your Honor. And we knew we could expect a fair trial here.” If it was intended as humor, it missed its mark.