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A Time to KillJake and Stan Atcavage went to Claude’s cafe to eat barbecue ribs.  Claude had many customers coming in for his usual ribs on Friday so he was giving everyone 15 minutes to eat and leave - that included Jake and Atcavage.  They were there to discuss the fact that Atcavage would not give Carl Lee a loan in lieu of his house deed.  Atcavage would give Jake $5000 if Jake would cosign the loan.  Jake felt that would be unethical. 

Roger McKittrick of the New York Times saw Jake at Claude.  He wanted an interview.  They set up an interview for later that afternoon.  They met.  The case was considered the most famous murder in the country, at that time anyway.  Roger had already spoken to other people involved in the case and they suggested he speak to Jake.  Jake and Roger both had their tape recorders on. 

They discussed whether the case should be held in Ford County.  Roger want to know where Carl Lee got the M-16, which of course Jake did not answer.  They discussed if Carl Lee would be convicted if he were a white man - probably not.  The interview was soon over.

Carl Lee, Sheriff Ozzie, and Moss Junior sneaked out of the prison to visit Lester.  It was Carl Lee’s idea and Ozzie saw no danger in it.  Carl Lee wanted to apologize for shooting him.  Lester accepted his apology.  Jake went to the prison to visit Carl Lee and did not find him there.  He was highly upset.  Carl Lee returned.  Carl Lee explained what he did.  Jake explained that Lester was to be a witness for the State and Carl Lee should not have gone visit him without talking to Jake first.  Carl Lee is not to do something like that again.

Carl Lee and Jake discussed their fee agreement again.  Jake was adamant that he could not work the case for only $900.  Carl Lee promised that he would pay.  They discussed the arraignment and that he would be indicted.  He would receive no bond when indicted because it was a capital murder case.

Do you think Carl Lee is a flight risk?  Should he be given bail?  Let’s read the next chapter of the book to find out whether he gets indicted and bail.

A Time to KillDistrict Attorney Rufus Buckley was scanning through the newspaper to see if his name was mentioned anywhere where they talked about the preliminary hearing.  He was pleased to find his name.  He was tired of being the DA and was hoping one day to be the Attorney General or Governor of Mississippi, or even go to Congress.

When he arrived in his office, reporters were waiting for him.  He enjoyed speaking to the media.  He bragged about his conviction rate and how he intended to get one now with the Hailey case.  Buckley stated that he would be seeking  the death penalty.  When asked if the case would be tried in Ford County because of all of the publicity, he stated that he did not care where it be tried because where ever it got tried, he would get a conviction.

Ethel went to Jake and told him that she had been getting phone threats in the office as well as at home.  Jake told her to change her home telephone number like he did.  She told him that she did not want to do that since she has had the same number for 16 years.  Jake told her then not to complain.  Ethel told Jake that Lucien wanted Jake to see him and for him to bring along some recent cases.  Jake saw Lucien once a month to discuss cases.

Jake went to see Lucien.  Lucien congratulated Jake for having the Hailey case.  Big publicity case.  They discussed the Hailey case.  Lucien told Jake that it would be a good idea if Carl Lee’s plead insanity.  Jake was not sure.  They discussed moving it to another venue.  They discussed Looney’s shooting and the fact that he lost half his leg and how sympathetic the jury would be towards him.

Lester came to see Jake to give him $900.  He was to give him $1000 plus the deed to the land.  He said Gwen needed $100 for groceries.  Lester tried getting a loan for the deed to the land but no bank would take it because they felt that Carl Lee would be convicted and not be able pay on the loan.  Jake was not too happy that he was getting paid only $900 for Carl Lee’s case.    

Do you think Carl Lee should plead insanity?  Was he insane when he killed “the boys”?  Could raping and beating someones daughter cause you to go insane?  Should Jake change venue?  According to Lucien, if they stay in Ford County, they may get a hung jury.  If Jake does not request a change of venue, Carl Lee could use that as an argument for an appeal.  So would you ask for a change in venue?  If Ethel continues to get threatening call, why not change her telephone number.  She says she has had it for 16 years which is why she does not want to change it but is that more important than getting threats.  If you were Ethel, would you quit your job?  Well, let’s see if she does by reading the next chapter of the book

A Time to KillThe three coffee shops in the square had more patrons then they ever had because of the killings, which had taken place less than 300 feet from the Coffee Shop.  Patrons were discussing the killings and the possibility that there were additional gunmen.

Jake made the front page of three newspapers.  There were pictures of Cobb and Willard both before the shootings and when they were taken into the ambulance but no picture of Carl Lee. 

Jake arrived at his office.  Judge Bullard called wanting to know if Jake would waive the preliminary hearing.  Jake would not as he wanted to know what evidence the State had against Carl Lee.  Reporters came to see Jake.  He would not discuss his defense strategy with them but admitted that Carl Lee was charged with the murder of Cobb and Willard and Jake painted a nice picture of Carl Lee’s personal life. 

On Wednesday morning funeral services were held for Cobb and Willard.  The preliminary hearing was scheduled for 2 p.m. that day.  The courtroom was full of family members and spectators.  Outside the courthouse was full of reporters.  It was 1:45 p.m. and Sheriff Ozzie was tired of the reporters so he had an idea.  He decided to take another prisoner, Curtis Todd, to pretend to be Carl Lee and he put him in a deputy’s car and they took off.  The reporters took off behind them.  Sheriff Ozzie with Carl Lee drove behind the jailhouse and took him to the courthouse.  

Cameras were not permitted in the courtroom.  Jake did not want Carl Lee to testify.  Sheriff Ozzie and Officer Rady testified for the State.  DA Rocky Childers produced an affidavit from Looney, who was still in the hospital recovering from his gunshot wound.  Officer Rady testified that he interviewed a janitor named Murphy who saw Carl Lee shoot Cobb and Willard.  Murphy, himself did not testified because he stuttered too much.  Judge Bullard bound the case over to the grand jury.  Jake did not ask for bail since he knew that Bullard would not give bail. 

Late Wednesday night the doctors had to cut below Looney’s knee and remove the lower third of his leg.  Ozzie was called and he told Carl Lee. 

How sad that Looney’s lower third of his leg had to be cut.  Judge Bullard permitted Officer Rady to testify to Murphy’s statement instead of Murphy himself - hearsay evidence.  Do you think it was proper for Judge Bullard to permit the testimony?  What would you have done if you were the Judge?  Do you think Carl Lee is remorseful?  Let’s continue reading our book together and find out.

a-time-to-kill.jpgChief Deputy Moss Junior Tatum and Jake waited in Sheriff Ozzie’s office for Carl Lee’s arrival.  The press was there anxiously waiting for Carl Lee’s arrival and for someone to give them more news of the shooting.  Moss was agitated with the news reporter and requested that they move their vans so the deputies would have room when they arrived with Carl Lee.  Moss answered general questions about the shooting but did not mentioned specifically that they had “Carl Lee” in custody.  Jake had called Carla and told her to record all the news media for him.

Carl Lee arrived.  The jailer took all of Carl Lee’s personal possession.  Sheriff Ozzie made a statement to the reporters that Carl Lee Hailey was in custody and certified that he was Tonya’s father. 

Jake spoke to his client.  Carl Lee admitted that he killed Cobb and Willard.  They discussed the fee agreement.  Jake agreed to represent Carl Lee for $7500.  Carl Lee indicated that he would sign a note for his land.  They discussed some of the details of what took place in a trial.  Jake then left and Carl Lee was taken to a cell next to some state prisoners.

Jake gave a statement to reporters that he was representing Carl Lee.  He gave no other details.  Jake went home and saw the news.  He was pretty impressed with himself.  The phone was ringing like crazy.  He received a phone threat for defending a black murderer and one who would not live if Carl Lee walked.

Do you think that everyone is entitled to an attorney and a proper defense even Carl Lee?  Now Jake’s life has been threatened.  Should he take the warning seriously and not take Carl Lee’s case?  What would you do?  It’s time to read along together the next chapter of the book and find out.

a-time-to-kill.jpgRocky Childers was the prosecutor for Ford County for many years.  He was 42 years old and was elected prosecutor every four years.  Childers had received dozens of phone calls from blacks and registered voters asking that Cobb and Willard not make bail before trial. 

Childers despised Judge Persy Bullard but was summoned by him and Sheriff Ozzie to discuss bail for Cobb and Willard.  Judge Bullard was not thinking about a certain amount of bail for Cobb and Willard.  Not that he was not going to set bail but more that he was not thinking about a certain amount.  Childers stressed the importance of a high amount of bail and making sure they did not get out on bail because they may get killed.

Childers proposed that Cobb had a criminal record and retained a private attorney, Peter K. Bernard, so he must have money so Cobb should receive a least $200,000 in bail.  Willard had a public defender and had no money so Willard should receive at least $100,000 in bail.  They discussed whether Childers would call Sheriff Ozzie as a witness.  Childers said that since he testified at the preliminary hearing it would not be necessary for him to testify at the bail hearing.

It is time for the bail hearing.  Judge Bullard gulps down some vodka before entering the courtroom.  Willard’s attorney was Tyndale, the public defender.  The same crowd from before was in the courtroom plus more spectators.  Lester was in the courtroom but Carl Lee was not.  Willard’s and Cobb’s family testified on their behalf.  

Judge Bullard set bail for Willard at $100,000 and Cobb at $200,000.  They were taken into custody until they could set bail.  Lester was happy with the bail amount considering that when he had killed a man, bail was set at $50,000. 

The “boys” were being taken to the holding cell.  They were handcuffed behind.  Cobb went first, then Willard, then Deputy Looney.  Three other deputies waited outside with reporters.  Carl Lee sprang from darkness with his M16 and open fired.  He killed Cobb and Willard and wounded Looney on the leg.  Carl Lee dropped the M16 and ran.  Deputy Prather found Cobb’s body on top of Willard’s - their blood mixed together.

Jake ran to the courtroom.  Sheriff Ozzie told him that he should leave.  Jake told Ozzie that he is not to question Carl Lee without his presence.  Ozzie agreed.  Sheriff Ozzie and his deputies went to Carl Lee’s to arrest him.  They arrested him without incident.

If in Carl Lee’s shoes, would you have killed Cobb and Willard?  Should Lester be arrested as an accomplice?  Let’s read together the next chapter of the book and find out. 

a-time-to-kill.jpgK.T. Bruster, or Cat Bruster as he was known, was the only one-eyed black millionaire in Memphis.  He lost his eye in Vietnam where he fought side by side with Carl Lee.  Carl Lee had saved his life but not before taking a bullet on his leg.  But he carried Cat and managed to get help for them so they remained good friends throughout the years.

Cat owned a string of of black topless joints in town, which he operated legally; he owned blocks of rental properties; and he owned two churches in south Memphis which he owned legally.  He also owned the pastors that came with it.  Many considered him a hero to his people.

It was Saturday morning and Carl Lee and Lester went to see Cat for the purpose of buying an M16.  Cat normally charged $1000 but for Carl Lee he charged him nothing.  They went to pick it up in one of Cat’s limo.  After they picked it up, they went to one of Cat’s other saloon’s and had lunch.  Cat did not ask any questions as to what Carl Lee intended to do with the M16.

Jake was at his office reading decisions from the Supreme Court.  He called Sheriff Walls wanting to talk with him.  Jake met with Ozzie.  He told him that he was concerned with Carl Lee and Carl Lee talking about killing Cobb and Willard.  Sheriff stated that they were safe and that Carl Lee was talking like any another person would in his shoes.  He told Jake that he should not be concerned that “the boys” were safe and that he had received death threats from other people also.   Jake told the Sheriff that Carl Lee considered him as his attorney and he appreciated if the Sheriff did not repeat what Jake had told him.  Jake then went home.

On Sunday, Carl Lee went to the hospital to pick up Tanya who was going home.  A crowd gathered at the hospital and followed her home.  Her father picked her up from the front seat of the car and carried her to the couch.  Her mother held her feet while cousins, aunts, neighbors, and everyone walked to her, touched her and smiled - some through tears and some said nothing.

If you were Tanya, would you want so much attention or would you want to be alone?  Was it okay for Jake to speak with the Sheriff about Carl Lee or did he violate client attorney privilege?  If Carl Lee kills “the boys”, should Lester and Cat also be arrested?  Cat provided the gun but he does not know what Carl Lee intended to do with the gun or does he?  Let’s read the next chapter of the book.

a-time-to-kill.jpgLester Hailey married a white Swedish girl from Wisconsin.  The family was not too happy with his choice since he was the only one in the family that had married outside his race.  Lester decided to leave her at home since he knew how the family felt about her.  Lester was on his way to see Carl Lee. 

When Lester got to the hospital, Tanya had already been moved from the ICU unit to a private room.  There were lots of people in and out of her room.  They brought her flowers, toys, and candy.  The television was on showing a picture of Cobb and Willard but Tonya could not see their face because her eyes were badly bruised.  Lester and Carl Lee went to get some coffee and discussed Carl Lee’s plan to kill the rapists.

Carl Lee went to the courthouse and hid.  The courthouse throughout the weekday closed at 5:00 p.m. but on Friday it closed at 4:30 p.m.  After everyone was gone, he walked throughout the courthouse getting a layout of it.  Once he was sure of the entire layout, he opened a window and left.

Jake and Carla discussed Carl Lee.  Carla felt that Jake should tell someone that Carl Lee intended to kill Cobb and Willard.  Jake did not know for sure if Carl Lee intended to kill anyone.  Carl Lee spoke like any man who was grieving because someone hurt his daughter just like Jake would have felt and spoken.  In addition, Carl Lee spoke to Jake as his attorney so any communication was privilege.

Attorney client privilege is taken very seriously both by attorneys and clients.  In this case, was Carl Lee Jake’s client or were they just having a conversation like any other ordinary people?  If they were attorney / client, if Jake believed that Carl Lee was going to commit a crime, is he under obligation to tell the authorities?  What would you do if you were Carl Lee’s attorney?  Let’s keep reading the next chapter of the book to find out what happens next.

a-time-to-kill.jpgPercy Bullard would be the judge presiding over the rape case.   He was fidgeting in his office just thinking about all the people in the courtroom waiting to hear the outcome of the preliminary hearing.  Most of the people in the courtroom were blacks.  There were lawyers gathered around the coffee machine gossiping about the rape.  Mr. Pate, the courtroom deputy, knocked on the Judge’s door to alert him that a camera crew wanted to come into his courtroom.  The Judge would not have it and ordered them to go away.

The public defender was Drew Jack Tyndale.  The prosecutor was Rocky Childers.  The hearing started.  Jake went to the hearing.  Sheriff Walls testified for the prosecutor.  He gave all the gory details of the rape and how Willard signed a confession.  Cobb was astounded when he heard that Willard had signed a confession.  No one else testified.  The hearing was bound over to a grand jury.  Judge denied bond.  A bail hearing was set for another day. 

Some attorneys will waive the preliminary hearing and the case will automatically go to the grand jury to straight to court.  But if you have a preliminary hearing, you will hear witnesses’ testimonies and be better prepared.  In this case, Cobb just found out that Willard signed a confession about the rape.  Will that signed confession tear them apart?  Will they have to get separate attorney because now it will be a conflict of interest for the public defender?  

Carl Lee met with Jake after the hearing.  They spoke about Tonya and what would Jake do if black men would have raped his daughter.  Carl Lee told Jake that he wanted to kill Willard and Cobb.  Jake told him not to do it.  Carl Lee asked Jake if Jake would represent him if he killed Willard and Cobb.  Jake told him that he would. 

Will Jake take matters into his own hands?  What would you do if you were Carl Lee?   Read along the next chapter of the book and let’s find out together. 

a-time-to-kill.jpgJake Brigance was one of the best attorneys in Clanton, Ford County, Mississippi.  He was married to Carla and had a 4 year-old daughter, Hanna.  At 32, his hairline was already receding.  He drove the only Saab, which was red in color, in Ford County.  He had rules that he kept to get his day going, such as waking up at 5:30 a.m., getting to the coffee shop by 6:00 a.m., not answering clients phone calls until 11:00 a.m., and not seeing clients unless they had an appointment.

Clanton had three coffee shops in the square:  two for the whites and one for the blacks.  However, it was not uncommon for the whites to eat at Claude’s, the black cafe shop.      And since the 70’s, it was also safe for the blacks to eat at the whites cafe: Tea Shoppe or Coffee Shop. 

While he was at the Coffee Shop eating breakfast, Marshall Prather asked him if he had defended Cobb in the past.  Jake stated that he had not and inquired why.  Prather told him about Tanya’s rape.  Jake knew the family.  They talked about if Cobb and Willard got the maximum for rape, kidnapping, and aggravated assault, they could get out in 13 years.  Jake lost his appetite at the thought of them brutalizing Tanya and getting out of prison.

At the hospital, Carl Lee was still at the hospital with the Sheriff Ozzie Walls.  Gwen was given a sedative and sent home to her mother’s house.  The boys were sent home with Gwen’s brother.  Tanya was in serious condition but stable.

Jake arrived at the office.  He had the most beautiful office in Clanton overlooking the courthouse.  The office belonged to his predecessor, Lucien Wilbanks, who was disbarred for outrageous conduct unbecoming a member of the bar.  Lucien was an alcoholic who made public appearance in court while being drunk.  His secretary, Ethel, worked for him and after he was disbarred, Jake kept her on.  She did not arrive to work until 8:30 a.m. 

When Ethel arrived at work, there was a lady there to see Jake already.  She did not have an appointment.  Her name was Earnestine Willard.  She wanted to retain his services.  Jake refused to take her case.

Sheriff Walls started interrogating Willard.  He read him his rights prior to interrogation.  He recorded the interrogation.  During interrogation, Willard asked for an attorney.  Walls stopped the tape recorder.  He explained what would happened to him in prison once the blacks inmates found out he had raped a black young girl.  He told him that all he wanted was Cobb and if he talked that he would tell the DA that he had cooperated and he would get a reduced sentence and maybe not go to state prison.  Willard told what happened and asked that Walls not tell Cobb that he told.  Walls said he wouldn’t.     

Do you think Willard’s confession would stand up in court?  Most cops use scare tactics to get confessions all of the time.  But Willard asked for an attorney.  Should they have stopped all interrogations at the time and not use scare tactics?  What do you think?  Do you think Cobb will talk?  Do you think it matters anyway that they confessions?  You have Tanya description of the car and she can make a positive identification of the men or can she?  Cannot wait until the next chapter of his book?

A Time To KillSheriff Ozzie Walls was the only black sheriff in Mississippi.  He took his job very seriously.  He took pride that Ford County was 74 % white.  He was related to most of the blacks and a few of the whites. 

Sheriff Walls went to the hospital to check on Tonya.  She was in surgery.  She had broken broken bones.  He verified that she indeed had been raped.  From the description that Tonya had given, Sheriff Walls knew that Cobb was involved.

Sheriff Walls solicited the help of an informant, Bobby Bumpous.  Bumpous had been on parole for possession of drugs.  He had helped Sheriff Walls in the past when Sheriff Walls needed help.  Sheriff Walls had Bumpous go into Huey’s bar and stir up conversation with Cobb and find out if Cobb would brag about what he had done to Tonya.  Cobb and Willard did brag and laughed about it.

Several hours later, Bompous came out drunk.  He stated that Cobb and Pete Willard were bragging about what they had done to Tonya.  Sheriff Walls and Deputy Willie Hastings and others arrested the two.  Willard went peacefully but not Cobb.  Sheriff Walls had to use force to arrest Cobb. 

Tonya gave an accurate description of Cobb’s car which led to his and Willard’s arrest.  You have a drunk informant that can testify that he heard Cobb and Willard bragging about it.  But will that be enough?  What will happen in the next chapter of this book?

 

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