When Judge Roach settled onto his throne at precisely 9:00 a.m., he took in the crowd and thanked everyone for their interest. He explained that they would spend most of the day and perhaps tomorrow selecting a jury. It would be a slow process and he was in no hurry. He introduced the participants. To his left and seated at the table nearest the jury box was Mr. Chuck McClure, the prosecutor representing the State of Mississippi. Next to him was his assistant, Egan Clement.
Keith sat directly behind McClure with his back to the bar and was not introduced.
To the right, and only a few feet away, was the defendant, Mr. Hugh Malco, who was wedged between his lawyers, Joshua Burch and his associate, Vincent Goode.
Keith glanced at the front row and smiled at Agnes, who was seated with her other three children. Behind them were two rows of reporters.
The excitement of the opening bell soon wore off as Judge Roach began pruning his jury pool. Though they had been carefully screened to exclude those over sixty-five and those who were ill, others stood with various excuses—job and family demands, additional medical concerns, and reservations about being called upon to impose the death penalty, should it come into play. About half admitted to hearing the news about the bombing of the Biloxi courthouse and the death of Jesse Rudy.
Keith resisted the urge to glare at Hugh, who scribbled nonstop on legal pads and looked at no one. A sketch from a courtroom artist would show the two men seated only inches apart and staring at one another, but it would not be accurate.
Judge Roach was methodical, at times painfully slow, and imminently fair with those who spoke up. By noon he had excused 30 of the 102 prospects, and the lawyers had yet to say a word. He recessed for a two-hour lunch and promised more of the same for the afternoon.
For an eighty-four-year-old, His Honor showed remarkable stamina. He picked up the pace when he allowed Chuck McClure and Joshua Burch to address the pool. They were not allowed to argue the facts or begin plotting their strategies. Their job during the selection process was to approve the jurors they liked and strike the ones they didn’t.
At 6:30, court was adjourned with only the first four approved and sitting in the jury box.
* * *
The Rudy clan and the prosecution team retired to a hotel, found the bar, and enjoyed a long dinner. The lawyers—Keith, Egan, McClure, and the Pettigrew brothers—all agreed that the first day went well. Agnes had been a nervous wreck in the days leading up to the trial and had balked at attending, but the children insisted, and during the day she became fascinated with the selection process. For years she had worked in the law office and knew the lingo, and she had watched Jesse try cases and was familiar with the procedure. Over dinner, she shared several observations about the remaining jurors. One gentleman in particular had bad body language and a permanent scowl, and this bothered her. McClure promised to strike him.
* * *
The last juror was seated at 10:45 Tuesday morning. Seven men, five women, eight whites, three blacks, one Asian. All “death qualified” as the lawyers say, meaning all had promised Chuck McClure they could impose the death penalty if asked to do so.
Death was in the air. It had brought them all together, and it would be discussed, analyzed, and threatened until the trial was over. Justice would not be served until Hugh Malco was convicted and sentenced to die.
Judge Roach nodded at Chuck McClure, but he was already on his feet. He stood before the jury and began with a dramatic “The defendant, Hugh Malco, is a murderer who deserves the death penalty, and not just for one reason, but for three. Number one: In this state it is a capital crime to murder an elected official. Jesse Rudy was elected twice by the people on the Coast as their district attorney. Number two: In this state it is a capital crime to pay someone to kill another. Hugh Malco paid a contract killer twenty thousand dollars to kill Jesse. Number three: In this state it is a capital crime to murder another person by using explosives. The contract killer used stolen military explosives to blow up the Biloxi courthouse with Jesse as the target. The proof is clear. It’s an open-and-shut case.”