CHAPTER 36

“A motion for a mistrial,”

Judge Clayton groaned as he leaned back in his leather chair. “It’s understandable, given the circumstances that occurred.”

Law books lined the walls of Judge Clayton’s chambers. It was a dark and narrow room, with the curtains drawn. A black leather couch sat near the door, next to a table with five different whiskey bottles. A thick Persian rug led to the judge’s large mahogany desk. Two armchairs sat on one side of the desk, and the judge sat on the other. The smells of wood, leather, and whiskey filled the air.

In the twenty-four hours since the assault on Clarence Berkley, Hennessy had drafted the motion.

“You need to declare a mistrial,”

Hennessy stated. “The jury saw what happened, and there’s no way they can remain impartial after that event. This is a fundamental issue that will prevent fairness or impartiality. The jurors’ opinions on this case will be biased by the actions of someone not involved in the trial. The integrity of this court is paramount, and we must acknowledge that the jurors’ opinions will be tainted by this.”

Judge Clayton stared at the piece of paper in front of him for a long moment before he shook his head several times. “I understand why you’ve lodged this, but this courtroom will not be manipulated by the defendant or the people he’s associated with. Mr. Garrett, what do you have to say about this motion?”

“We’re against it, Your Honor. We believe the case can continue with the right instructions to the jury members. Mr. Palin did not attack the witness, and he did not appear to be involved at any point. From the juror’s point of view, there’s no indication that he had anything to do with the assault. We believe we can continue the trial.”

“Did Mr. Palin know anything about the assault?”

“Not that I’m aware of,”

Hennessy responded. “But this is about what the jury will think.”

“Your Honor, this case needs to continue,”

Garrett argued. “We cannot allow this to become a precedent in South Carolina. If a criminal thinks he’s going down, he can set this up every time. We must not allow our courts to be dictated by thugs. This fight cannot change the course of this trial.”

“Wasn’t much of a fight,”

Judge Clayton quipped. “How’s the witness?

“He’s shaken but is ok. He has bruising on the side of his face, and given his age, it will take some time before that bruising reduces,”

Garrett explained. “But he’s still willing to testify. Given his injuries, he would be able to take the stand later this week. We’ve talked to him, and he said he won’t be scared off by these thugs. He wants to come to court and tell the truth.”

“Any testimony he makes will be tainted,”

Hennessy said. “The attack happened in full view of the jury. We cannot pretend that the attack will not bias their opinions. This case needs to be declared a mistrial. If it’s not, it’s a reversible error.”

Judge Clayton ignored Hennessy and looked at Garrett. “And what do we know about the man who assaulted Judge Berkley?”

“Jimmy White. Forty-five years old and has spent most of his adult life in and out of prison. Currently wanted on various warrants, including assault charges, weapon charges, and probation issues. He was already looking at another stretch in prison, and this will only add to his time back there.”

“We’ll throw the book at him. We can’t allow this behavior to go unpunished. We need to send a message to say this behavior is not acceptable in the court.”

Judge Clayton leaned forward and picked up the motion. He glanced over it again before he huffed and looked back to Garrett. “Why did Mr. White attack the witness in my courtroom?”

“The police have questioned him, and he claims he had a personal issue with Judge Berkley,”

Garrett explained. “He says that he attacked Judge Berkley in the courtroom because Berkley had gone missing in the weeks before. He couldn’t find him, but he knew Berkley would arrive for this testimony. And he said he has no connection to Mr. Palin or his associates.”

“But why in the courtroom? Why not in the hallway outside?”

“I have no idea what he was thinking. That’s a question you’ll have to ask of Mr. White, Your Honor.”

Judge Clayton looked at Hennessy. “Any ideas?”

“I was unaware of Mr. White or his intentions.”

“And your client?”

“He has told me he was unaware of the attack as well.”

“We’ve had threats against witnesses, we still have two missing witnesses, and another witness was physically assaulted in my courtroom.”

Judge Clayton threw his hands up in the air. He took a moment to think before he continued. “People who think they’re above the law will not intimidate this courtroom. I will explain to the jurors that this incident had nothing to do with Mr. Palin and that this was a personal matter for Judge Berkley.”

“Your Honor—”

Hennessy tried to argue.

“My decision is made. The motion for a mistrial is denied, and the trial shall continue on Thursday morning.”

Judge Clayton indicated to the door. “Now get out of my chambers.”