The majority of the jurors would vote guilty, but the law required a unanimous verdict, either for guilt or innocence. Anything in between would be declared a hung jury, a mistrial, and would possibly lead to another go at it a few months down the road.
The jury retired to its deliberations shortly before 11:00 a.m., and Judge Oliphant adjourned until further notice. At 3:00, his clerk walked down the hall to Jesse’s office and informed him that there was no verdict. At 5:30, the jurors were excused for the evening. There was no indication of which way they might be leaning.
At 9:00 a.m., Judge Oliphant called the courtroom to order and asked the foreman, Mr. Threadgill, how things were going. It was obvious from his face and body language that they were having no fun. His Honor sent them back to work and almost scolded them by saying he was expecting a verdict. The morning dragged on with no news from the jury room. When the judge adjourned for lunch, he asked the lawyers to meet in his chambers. When they were seated, he nodded at the bailiff, who opened the door and escorted Mr. Threadgill into the room. The judge politely asked him to take a seat.
“I take it there’s not much progress.”
Mr. Threadgill shook his head and looked frustrated. “No sir. I’m afraid we’ve reached a dead end.”
“What’s the split?”
“Nine to three. Been that way since yesterday afternoon and everyone’s dug in. We’re wasting our time, yours too, I guess. Sorry about this, Judge, but it’s no use.”
Oliphant breathed deeply and exhaled with noise. Like every judge, he hated mistrials because they were failures, nothing but failures that wasted hundreds of hours and necessitated doing it all over again. He looked at Mr. Threadgill and said, “Thank you. Why don’t you have your lunch and we’ll reconvene at one thirty?”
“Yes sir.”
At 1:30, the jury was led back into the courtroom. Judge Oliphant addressed them and said, “I have been informed that you are deadlocked and not making progress. I’m going to ask each one of you the same question, and all I want is a yes or no response. Nothing else. Juror number one, Mrs. Barnes, do you believe this jury can reach a unanimous decision in the matter?”
“No sir,” she replied with no hesitation.
No one hesitated and it was indeed unanimous. Further efforts would be a waste of time.
Judge Oliphant accepted the obvious and said, “Thank you. I have no choice but to declare a mistrial. Mr. Rudy and Mr. Burch, you have fifteen days for post-trial motions. We are adjourned.”
Chapter 28
Two days after the mistrial, Jesse made an appointment with Judge Oliphant. Their offices were on the same floor, two hundred feet apart, with the courtroom in between, and they saw each other often, though they avoided giving the appearance of being too friendly. Most meetings were arranged through secretaries and scheduled on calendars. Their favorite was a late Friday afternoon bourbon or two when everyone else cleared out for the weekend.
After the judge poured two cups of black coffee, Jesse handed over the note he found on his windshield. Long thick wrinkles layered across the judge’s forehead and he mouthed the words at least three times. “Why didn’t you tell me about this?”
“I thought about it and I wasn’t sure what to do. It could’ve been a prank for all I know.”
“I’m afraid not.” Oliphant handed the note back and frowned at the table.
“What do you know?”
“I talked to the bailiff, as I always do. They hear a lot. Joe Nunzio was fiercely opposed to a conviction and said as much during the trial, during recesses. He was warned to stay quiet until deliberations, but he let it be known that he thought the prosecution was being unfair to Ginger. He was never going to vote for guilt, and he managed to persuade two others to go along with him.”