THIRTY

      The two days after Judge Marston’s attempt to destroy the files pass in a blur of work that reminds me what it is to be a working lawyer. At nine o’clock Friday morning, Judge Franklin and I agree to an unconventional compromise worthy of Solomon. Without giving reasons, she makes it clear that she prefers not to charge Leo with obstruction of justice or contempt of court. Before I can argue this point, she tells me she considered recusing herself from the case but rejected the idea because Marston played as big a part in getting the black circuit judge elected as he did Judge Franklin. We both know I can go to the judicial oversight committee to plead for relief, but I sense that Eunice Franklin intends to offer me something.

      What she offers is the boxes Marston tried to destroy, one of which contains three legal files, as Livy indicated. Marston’s blatant attempt to destroy them has convinced Judge Franklin that he was attempting to hide evidence of criminal activity. She feels that a case can be made to the court of appeal that Marston’s act justifies giving me access to these records. Moreover, Leo himself has agreed to this arrangement rather than be charged with obstruction or contempt. This tells me that the files, while probably damaging to Marston’s reputation, will not contain proof of complicity in Del Payton’s murder.

      This agreement accomplished, the judge and I spend a few minutes getting to know each other. Eunice Franklin is fifty-six years old, and graduated from the Ole Miss Law School a year before Del Payton was killed. I can only imagine what she must have endured during her three years at that temple of Southern male traditionalism. She is a bit defensive about her court, and my “big-time” experience in Houston seems to be the cause of this. She warns me that she will run her courtroom with at least as much discipline as I am accustomed to in “the big city,” and perhaps more. She will tolerate no antics or theatrics, either from myself or from Marston’s attorney.

      Leo will be represented by Blake Sims, the son of Creswell Sims, his partner of forty years. Judge Franklin has already instructed Sims that, considering the early trial date his client requested and got, they should have all discovery materials in my hands by the close of the business day.

      She expresses strong misgivings about my intention to represent myself at trial, but says she cannot stop me from sabotaging my case if that is my intent. She defends the trial date along the lines I predicted to Caitlin, and adds that the recent racial tensions and violence played a part in her decision. With the mayoral election only four weeks away, she wants my inflammatory statements about the Payton murder resolved and hopefully forgotten by the time the voters walk into the polling booths on November 3.

      Leaving her chambers, I feel a little better about the situation than I did walking in. Judge Franklin owes Marston some favors, but Leo’s attempt to destroy evidence has made her angry. Under the blaze of scrutiny this trial will draw, Eunice may stiffen her backbone and run a relatively impartial court.

      The media frenzy is already underway. Tying men like John Portman and Leo Marston to a dead black man is like waving a red cape in front of a herd of bulls. Twenty-four hours after my accusations hit the paper, Mississippi resumed its role as whipping boy for the nation on race. Celebrated authors and academics weighed in with windy and self-righteous op-ed pieces in every major paper from New York to Los Angeles. At the close of last night’s newscast, a somber-faced Dan Rather recalled his days covering civil rights in Mississippi. Black media stars roundly condemned the state, speaking as though the lynchings of the distant past were still daily occurrences.

      Contrary opinions were few, and the battle was becoming embarrassingly one-sided until this morning, when into the fray charged my old friend Sam Jacobs, the self-styled Mississippi Jew, who in a half-humorous letter to the New York Times pointed out that while Mississippi might seem behind the times to outsiders, it actually had its collective finger on the pulse of America. The Magnolia State, Sam opined, had given the world William Faulkner, Elvis Presley, and Tennessee Williams. And while this holy trinity of American culture ought to be enough for anybody, for skeptics there were also Robert Johnson, Richard Wright, Jimmy Rodgers, and Muddy Waters; Leontyne Price, Charley Pride, Tammy Wynette, and John Grisham; Howlin’ Wolf, B.B. King, four Miss Americas, and Oprah Winfrey. And while boneheaded nuisances like the Ku Klux Klan had committed atrocities to shame the South Africans, and slavery had come near to breaking an entire people, you couldn’t by God refine gold without a fire. The state of Israel was created from the ashes of the Holocaust, and Mississippi was on its way to redemption. Why, the legacy of blues music alone, declared Sam, which was jazz and rock ’n’ roll, had done more to end the Cold War than all the thin-blooded diplomats ever minted at Harvard and Yale.

      How the Times selected Sam’s letter I’ll never know, but it prompted my editor to telephone and read it aloud to me over breakfast, claiming that the list of artists only bolstered his theory that great suffering produces great art, and since I’d had my share of the former, I should now move north to more civilized environs. I declared myself a loyal Southerner to the last and headed out for Judge Franklin’s office. I forgot the article during our conference, but after I loaded Marston’s charred file boxes into my trunk, I heard a Jackson disc jockey reading Sam’s letter on the