Without hesitation, Burch said, “And we reject the offer, Mr. Rudy.”
“Don’t you think you should consult with your client?” Jesse shot back.
“I’m his lawyer and I reject the offer.”
“Understood, but ethically you have a duty to inform your client.”
“Don’t lecture me about ethics, Mr. Rudy. I’ve spent hours with Mr. Lopez and I know his intentions. He looks forward to the trial and the opportunity to defend himself and Mr. Malco against these charges.”
Jesse smiled and shrugged.
Judge Oliphant said, “It seems to me as though Mr. Rudy has a point. Mr. Lopez should at least be informed of this opportunity.”
Burch replied, somewhat smugly, “With all due respect, Your Honor, I have a great deal of experience in these matters and I know how to represent my clients.”
Almost gleefully, Jesse said, “Don’t worry, Your Honor, I withdraw the offer.”
Judge Oliphant scratched his jaw as he stared at Burch. He shuffled some papers and said, “Okay, what about Mr. Malco. Any chance of a plea agreement?”
Jesse said, “Your Honor, the State has an offer for Mr. Malco. In return for a plea of guilty to the crime of operating a place used for prostitution, the State will recommend a sentence of ten years and a fine of five thousand dollars. All other charges will be dropped.”
Burch snorted and seemed amused. “No thanks. Mr. Malco is not willing to plead guilty to anything.”
Jesse said, “Okay, but he’s facing thirteen other charges of promoting prostitution and ten of his girls will testify against him. Each charge carries a maximum of ten years and five thousand dollars. Same for Lopez. They could spend the rest of their lives in prison.”
Burch replied coolly, “Oh, I know the law, Mr. Rudy. No need for a tutorial. The answer is no.”
Judge Oliphant said, “And you don’t think you should inform Mr. Malco of this offer?”
“Please, Judge. I know what I’m doing.”
“Very well.” Judge Oliphant shuffled some more papers and said, “Here are the lists of prospective jurors. The clerk over in Bay St. Louis is confident that this pool is qualified and above reproach.”
Burch was startled and blurted, “Bay St. Louis?”
“Yes, Mr. Burch. I’m changing venue. This case will be tried next door in Hancock County, not here in Harrison. I’m convinced the jury in the Ginger Redfield trial was tampered with and we’re not running that risk this time around.”
“But no one requested a change of venue.”
“You should know the law, Mr. Burch. Read the statute, I have the discretion to change venue to any district in the State of Mississippi.”
Burch was stunned and couldn’t respond. Jesse was surprised and elated, but suppressed a smile. Judge Oliphant handed each a list of the names and said, “There will be no contact with anyone in our pool. None whatsoever.” He glared at Burch and continued, “When we convene on May twelve, I will quiz the panel about improper contact. Any hint of it and I’ll throw the book at the guilty party. Once we select the twelve, and two alternates, I will lecture them on the criminality of improper contact. Each morning and each afternoon I will repeat my lecture. Am I clear?”
“Crystal clear, Your Honor,” Jesse said as he smirked at Burch.
Part
Three
The
Prisoners
Chapter 35
The courtroom was empty; the lights were off. Big Red, the one-legged courthouse janitor, was fiddling with some wires on the bench. Jesse entered, nodded at him from a distance, walked down the aisle, through the bar, placed his briefcase on his table, and said hello. Big Red mumbled something in return, a man of few words. When Joshua Burch entered through the main door, Jesse asked the janitor for a moment of privacy. Big Red frowned as if irritated at having his important work interrupted, but left anyway.