Now his trusted lawyer was saying no. Burch promised to find another talented criminal defense attorney, but it would be expensive. Noll assumed the Malcos would cover the costs.
Once his cash disappeared, Henry Taylor had no money to hire anyone, especially a lawyer. For four days he was kept in solitary in the Nashville jail and didn’t touch a phone until the third day.
* * *
The news of the indictments received front-page coverage throughout the Deep South, and Keith’s stern but handsome face was everywhere. The story was instantly compelling—son seeks revenge for father’s death—but it became irresistible when the Gulf Coast Register found an old photo of Keith and Hugh posing with their teammates as Biloxi All-Stars in 1960.
Keith was inundated with calls and requests from reporters across the country. He was forced to leave his new office in the courthouse and seek refuge at Rudy & Pettigrew. The frenzy only got worse as they prepared for the initial appearances.
* * *
On Friday, February 18, the courthouse was surrounded by freshly cleaned squad cars from the highway patrol. Troopers were everywhere, some directing traffic. The news vans were parked in one small lot at the rear of the courthouse and the cameras were directed to an area near the back entrance. The Biloxi police assured the camera crews they would be in the perfect position to film the three defendants as they were perp-walked into court.
Indeed they were. At 9:45, three squad cars arrived together. Hugh Malco was extracted from the first, and in handcuffs and ankle chains was escorted slowly into the building. Some reporters tossed banalities at him but he only smiled. He was followed by Nevin Noll, unsmiling; and Henry Taylor, eyes diverted and head hung low, brought up the rear.
Keith had a knot in his stomach the size of a softball. He sat at the State’s table with Egan to his left and a quiet throng behind him, waiting for the moment when the defendants would be hauled in from a side door and he and Hugh would have their first good look at each other.
Across the way, Joshua Burch sat with his team and the other defense lawyers, all frowning gravely at documents and occasionally whispering important strategies.
Keith was out of his league and he knew it. In his five months as district attorney he had tried eight cases from start to finish, and though he’d won the last seven they were easy wins. He had never even observed a capital murder trial. His father had served as DA for almost five years and never handled one. They were grueling, complicated, and the stakes were enormous.
Burch, on the other hand, had spent the last three decades in front of juries and projected an air of extreme confidence, regardless of the guilt or innocence of his clients. Jesse had said many times that Joshua Burch was the smoothest trial lawyer he had ever fought. “If I ever get indicted,” Jesse had said more than once, “I want Burch.”
A side door opened and the police led the way. They escorted the three defendants to chairs near the defense table and removed their handcuffs and ankle chains. Keith glared at Hugh Malco, hoping to convey the message: You’re in my courtroom, under my control, and this will not end well for you. Hugh, though, kept his eyes on the floor and ignored everyone around him.
Once Judge Oliphant settled in on the bench, he thanked the throng for attending and showing so much interest, and went on to explain that the purpose of the initial appearance was to make sure the defendants understood the charges from the indictment and to check the status of their legal representation. He called Henry Taylor first.
Six months earlier, Taylor had stepped inside the dark and empty courtroom as he scoped out the building and planned his attack. At that time he could not have dreamed that he would ever return, especially in handcuffs, under indictment, and facing the death penalty. He limped to the bench where Keith Rudy was waiting with a scowl. Taylor answered a series of questions from the judge. Yes, he had read the indictment and understood the charges. He pled not guilty. No, he did not have a lawyer and couldn’t afford one. Judge Oliphant explained that one would be furnished by the State, and sent him back to his seat.