by Scott Turow - Rusty Sabich is back. Nearing 77 he is living in the country. After his release from prison he had tried defence work as court appointed counsel for the indigent. He has achieved the rarest combination of legal experience in the courts. Sabich has been a prosecutor, defence counsel, judge and defendant. I can think of no real life or fictional lawyer filling all those roles. Finding the representation of the guilty unfulfilling he has further added to his legal portfolio by now working as a mediator and arbitrator.
Since moving north out of Kindle County he has found love yet again. He is living with Bea, a school principal, who is 23 years younger than Sabich. He is startled that a vibrant lovely woman would love him.
Unconsciously, he had followed the advice of a former lover that if you are looking for a happy life “you should look for someone who is happy”.
They were content with living apart until Covid forced a decision. They decided to live together. They have not decided about marriage. The teacher has settled the restlessness that had caused Sabich so much grief. He is content with his life.
Bea’s black adopted son, Aaron, and Mae Potter, the “Barbie” like daughter of Skageon County aristocracy (father and grandfather have been county prosecutors) have had a volatile relationship since high school. Aaron is currently on a tight judicial release for possessing drugs that were actually Mae’s drugs.
Aaron and Mae have disappeared. Neither Aaron nor Mae are mature 22 year olds. While Aaron is trying to go straight, Mae is self-indulgent.
Aaron returns.
Mae does not return and is not in contact. Her family gradually grows frantic.
The opening and back story stretch out for almost 90 pages when the action begins. It need not have taken that long to get to what every crime fiction fan knew was coming - Mae is dead and Aaron will be charged with murder.
It is a rare work of legal fiction that discusses the impact upon parents of the accused being advised their child is charged with first degree murder. Pain as a parent comes in many ways. Few can be harder.
With Aaron denying guilt, who will represent him at trial? With the best local lawyer begging off, a search is made through the Mid-West, handicapped by Aaron not wanting a black defender and by Sabich and Bea wanting someone who at least sounds country.
Ultimately, Bea and Aaron and Sabich’s son Nat all want him to take the case. It made me cringe, which was Sabich’s first reaction. To represent a family member in a major trial is a bad idea. Objectivity is the first problem. Concern over relationships with family members including the accused is second. Obsessing over making a mistake that would imprison a family member is third. The list could be longer.
I knew Sabich was going to take the case when he went to see Aaron. A lawyer who does not want a case will refuse to see the potential client. It is almost impossible to say no directly to a person wanting your representation. Litigators love feeling wanted and a big case is irresistible.
Sabich convinces himself he is the best lawyer for Aaron. It is a blind spot for lawyers. Sabich tells himself he will not shirk from the responsibility to represent Aaron fearlessly no matter the cost in friendships and other relationships.
I thought of Jake Brigance in A Time for Mercy. He takes on the difficult defence of a teenager who shot and killed his sleeping abusive stepfather. It was hard because the victim was a police officer and the compensation is meager putting financial pressure upon Brigance.
Sabich is relieved of the financial consequences. He has no need to work.
The County Prosecutor, Hiram Jackdorp, is respected in the way the folks of Marenage County regard the God of the Old Testament - “unsparing, and uninterested in excuses from those who cross the line”.
Sabich’s “standard costume” for court "is a midnight blue suit, white shirt and muted red tie - hoping to send a subliminal message of abiding patriotism”. I doubt any juror in America would get the message.
The trial judge is Wendy Carrington, formerly the State Defender.
It is unusual for a judge to have antipathy towards a prosecutor. More often any ill will is with defence counsel. Jackdorp, in his seventh term as County Prosecutor, appears to relish the judge’s antagonism.
Aaron’s belief he will walk out of court a free man dismays Sabich.
Inevitably, my thoughts turn to Turow’s book, The Last Case, where 85 year old Sandy Stern defended his good friend, Dr. Kiril Pafko.
Though Sabich does not say it is his last case he is in his mid-70’s.
My second post on the book will deal with the trial.
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