Chapter 26

The impromptu party lasted until Chuck had to close the bar. Husbands and wives made appearances and several of the group's older children also showed up (some to drive their inebriated parents home).

It was the only lull of the weekend. Bryant and Jan used the time to catch up on piles of paperwork that had grown during the days they had spent in the courtroom.

But the largest amount of work was left for Jonah Attenborough and Allyson Granger. They had to prepare for the penalty phase of a capital trial. Their main witness would be Susan Brockleman, Mary Beth's mother. They would introduce many of the same exhibits that had led to Mayfield's conviction and they would put Bryant Hawkins back on the stand. Now that the conviction had been secured, the rules of evidence would be relaxed. Mayfield's past history was fair game and Allyson thought Bryant was the perfect person to deliver it.

The defense would put Dr. Gross back on the stand and the prosecution was prepared to rebut her testimony with a psychologist of their own. They also figured to see Bruce and Eileen Mayfield on the stand. Once again, they expected the husband and wife to tell a series of outrageous lies, trying to convince the jury that their son was a perfect little angel. They were prepared for that eventuality too.

Monday morning dawned rainy and chilly. It was the last week of July but the temperatures weren't expected to get above the mid-60s. It was just as well because the courtroom air conditioning had broken over the weekend and the large windows would have led to sweltering temperatures inside if the sun had been shining.

The opposing sides took their seats when Judge Manning walked in and soon the jurors filed in.

"Ladies and gentlemen of the jury, you have found the defendant guilty of murder in the first degree with special circumstances," he told the jury in his instructions. "The punishment for this crime is either death or life imprisonment without the possibility of parole. Final decision as to what punishment shall be imposed rests solely with the judge of this court; however, the law requires that you, the jury, render to the court an advisory sentence as to what punishment should be imposed upon the defendant. I will give your recommendation great weight in determining what sentence to impose. It is only under rare circumstances that I would impose a sentence other than the sentence you recommend."

"The state and the defendant may now present evidence relative to the nature of the crime and the character of the defendant. You are instructed that this evidence when considered with the evidence you have already heard is presented in order that you might determine, first, whether sufficient aggravating circumstances exist that would justify the imposition of the death penalty and, second, whether there are mitigating circumstances sufficient to outweigh the aggravating circumstances, if any. At the conclusion of the taking of the evidence and after argument of counsel, you will be instructed on the factors in aggravation and mitigation that you may consider. The state will call its first witness in the penalty phase."

Bryant took the stand and cast his steely gaze on Jonathan Mayfield. The young man did not look at him, instead choosing to spend his time writing on a yellow legal pad in front of him.

"Chief Hawkins, I don't think it's necessary to give your credentials, again," Jonah said as he stood at the lectern. "But would you please refresh the jury's memory about your role in the apprehension and conviction of Jonathan Mayfield?"

Bryant walked the jurors through his initial investigation but expounded more on what he'd learned in West Virginia and Ohio. He was able to introduce evidence that the defendant was awaiting trial in Ohio on several counts of sexual assault and several counts of battery. He also gave testimony that reflected the Ohio Attorney General's finding that the Gallia County Sheriff's Department had been found complicit in covering up a host of crimes committed by Jonathan Mayfield and his friends. This was information deemed prejudicial during the trial in chief so it was the first time the jury had heard for a fact that the man they had convicted was a serial rapist and the chief suspect in not only the death of a young woman and her family in a house fire but in the beating of a fourteen-year-old girl in Dayton, Ohio.

Bryant spent the entire morning walking the jurors through a timeline of crimes committed or attributed to Jonathan Mayfield, Richard Currence, Trevor Adams and Joseph Straight. By the time Bryant left the stand, at least two of the jurors appeared ready to personally deliver the death penalty on the spot.

That number increased to ten by the time Susan Brockleman closed the state's case in the afternoon. She tearfully recalled her daughter's life, from the first day she took a step to the phone call Mary Beth had placed to her mother upon arrival on Spring Break in Emerald Cove, South Carolina.

The judge let the jurors have an early evening to consider what they had heard. It was a grim-faced group that exited behind a bailiff that evening. There would be no laughter in the hotel corridor that evening. Most would place their ten-minute phone call to their loved ones and go to bed.

It was just as well that they retired early. Tuesday brought Melinda Gross back to the stand and she repeated her testimony from earlier in the trial. The only surprise was that an elderly schoolteacher was the defense's final witness. She was bland in her praise but at least she hadn't called Jonathan Mayfield a son of a bitch. That was the best Emily McGregor could hope for. The defense closed out shortly after lunch without calling either Bruce or Eileen Mayfield to their son's defense.

Judge Manning had planned on three days for the penalty phase but there was no reason to wait for final instructions. He doubted the jury would take more than four or five hours to reach a decision. He turned in his seat and spoke directly to them.

"Ladies and gentlemen of the jury, it is now your duty to advise the court as to what punishment should be imposed upon the defendant for his crime of murder in the first degree. As you have been told, the final decision as to what punishment shall be imposed is the responsibility of the judge; however, it is your duty to follow the law that will now be given you by the court and render to the court an advisory sentence based upon your determination as to whether sufficient aggravating circumstances exist to justify the imposition of the death penalty and whether sufficient mitigating circumstances exist to outweigh any aggravating circumstances found to exist. I must give your recommendation great weight in determining what sentence to impose. It is only under rare circumstances that I would impose a sentence other than the sentence you recommend.

"Your advisory sentence should be based upon the evidence that you have heard while trying the guilt or innocence of the defendant and evidence that has been presented to you in these proceedings. The aggravating circumstances that you may consider are limited to any of the following that are established by the evidence.

"Give only those aggravating circumstances for which evidence has been presented: the crime for which the defendant is to be sentenced was committed while he was engaged in the commission of the crime of robbery, sexual battery, aggravated child abuse, abuse of an elderly person or disabled adult resulting in great bodily harm, permanent disability, or permanent disfigurement, arson, burglary, kidnapping, aircraft piracy, or the unlawful throwing, placing or discharging of a destructive device or bomb.

"You may also consider if the crime for which the defendant is to be sentenced was especially heinous, atrocious or cruel.

"Heinous means extremely wicked or shockingly evil.

"Atrocious means outrageously wicked and vile.

"Cruel means designed to inflict a high degree of pain with utter indifference to, or even enjoyment of, the suffering of others.

"The kind of crime intended to be included as heinous, atrocious or cruel is one accompanied by additional acts that show that the crime was conscienceless or pitiless, and was unnecessarily torturous to the victim. Additionally, you may render a recommendation of death if you find the crime for which the defendant is to be sentenced was committed in a cold and calculated and premeditated manner, and without any pretense of moral or legal justification.

"Cold means the murder was the product of calm and cool reflection.

"Calculated means having a careful plan or prearranged design to commit murder.

"As I have previously defined for you a killing is premeditated if it occurs after the defendant consciously decides to kill. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.

"However, in order for this aggravating circumstance to apply, a heightened level of premeditation, demonstrated by a substantial period of reflection, is required. Should you find sufficient aggravating circumstances, it will then be your duty to determine whether mitigating circumstances outweigh the aggravating circumstances.

"Among the mitigating circumstances you may consider, if established by the evidence, are: Mr. Mayfield has no significant history of prior criminal activity; the crime for which Mr. Mayfield is to be sentenced was committed while he was under the influence of extreme mental or emotional disturbance; the victim was a participant in Mr. Mayfield's conduct or consented to the act; Mr. Mayfield was an accomplice in the offense for which he is to be sentenced but the offense was committed by another person and Mr. Mayfield's participation was relatively minor; Mr. Mayfield acted under extreme duress or under the substantial domination of another person; the capacity of Mr. Mayfield to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired and Mr. Mayfield's age at the time of the crime.

"Each aggravating circumstance must be established beyond a reasonable doubt before it may be considered by you in arriving at your decision. A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. If, after carefully considering, comparing and weighing all the evidence, you do not have an abiding conviction that the aggravating circumstance exists, or if, having a conviction, it is one which is not stable but one which wavers and vacillates, then the aggravating circumstance has not been proved beyond a reasonable doubt and you should disregard it, because the doubt is reasonable.

"It is to the evidence introduced in this proceeding, and to it alone, that you are to look for that proof.

"If you have a reasonable doubt as to the existence of an aggravating circumstance, you should find that it does not exist. If one or more aggravating circumstances are established, you should consider all the evidence tending to establish one or more mitigating circumstances and give that evidence such weight as you feel it should receive in reaching your conclusion as to the sentence that should be imposed.

"Let me be clear: A mitigating circumstance need not be proved beyond a reasonable doubt by the defendant. If you are reasonably convinced that a mitigating circumstance exists, you may consider it as established. However, regardless of your findings with respect to aggravating and mitigating circumstances you are never required to recommend a sentence of death. The sentence that you recommend to the court must be based upon the facts as you find them from the evidence and the law. You should weigh the aggravating circumstances against the mitigating circumstances, and your advisory sentence must be based on these considerations.

"In these proceedings it is not necessary that the advisory sentence of the jury be unanimous. The fact that the determination of whether you recommend a sentence of death or sentence of life imprisonment in this case can be reached by a single ballot should not influence you to act hastily or without due regard to the gravity of these proceedings. Before you ballot you should carefully weigh, sift, and consider the evidence, and all of it, realizing that a human life is at stake, and bring to bear your best judgment in reaching your advisory sentence. You will now retire to consider your recommendation. When you have reached an advisory sentence in conformity with these instructions, that form of recommendation should be signed by your foreperson and returned to the court."

The jurors looked grave as they exited the room, several looking back over their shoulders for one final glimpse of the man whose fate rested in their hands.

As Emily McGregor began to gather her notes a bailiff started across the courtroom to cuff Mayfield and return him to a holding cell where he would reside until the jury reached a decision on his sentence.

Mayfield had been waiting for just such a moment. He was smart enough to know how this was going to end. The thought of spending twenty-three hours a day in a six-by-nine-foot cell for the next fifty years didn't appeal to him much. Neither did being strapped to gurney while a lethal combination of drugs was sent into his bloodstream.

He reached into his suit jacket and pulled out what is commonly known as a 'shank' or a 'shiv'. It was a prison-made weapon, in this case manufactured with the blade from a disposable razor and a toothbrush handle. The blade was attached to the handle using the adhesive-backed label from a stick of deodorant.

It was crude but in the correct hands, it was also deadly. Mayfield grabbed his Keenan counsel by the back of the hair and tugged as he slipped his right hand in front and held the blade to her neck. He wanted everyone to know he was serious so he pressed hard enough that a trickle of red blood ran down the woman's neck and stained the collar of her white blouse.

The bailiff froze in his tracks. There were five uniformed police officers in the room and one plainclothes detective. Each of them had drawn their sidearm and had it pointed in the kid's direction. The bailiff was unarmed, as were all bailiffs who worked the county courthouse.

"My dad and I are walking out of here," Jonathan Mayfield said in a shaky voice.

"No you're not," Jan Elliot said in a voice that was much more confident than Mayfield's. "Put down your weapon and step backward with your hands over your head."

"Go to hell!" Mayfield said. "I'll kill her. You know I will."

"And then I'll snap your fucking neck like a twig!" a loud voice rang out from the back of the room. Mark Shrekengost strode forward down the aisle as the other observers did their best to move in the opposite direction. "Stop being a pussy. Let the woman go and do what you really want to do. Take a run at me and see how that turns out for you. I'll even let you have the first swipe. Of course after that, I'm going to take that little knife of yours away from you and shove it up your ass. Let her go. This is between you and me. You've already involved one innocent person. There is no reason to involve another."

"Shut up!" Mayfield said. "Now everyone clear out of here. My Dad and I are leaving."

Bruce Mayfield had been among the first to move away from his son. He knew how this would end and he didn't want to be caught in the crossfire. There was absolutely no way his son was leaving the courtroom – except in a body bag.

As Shrekengost held Mayfield's attention, Bryant moved away from the prosecutor's table toward the raised bench where Alex Manning had sat for the past two weeks. His eye was sighted down the barrel of his gun and he was looking for an open shot. He finally reached a place where there was no danger to anyone behind Mayfield.

"This is your last chance, boy," Bryant said. His deep voice boomed through the courtroom. "Drop the weapon and release the woman."

The sound of a voice from somewhere he didn't expect it caused Mayfield to jerk in Bryant's direction and for a short amount of time the hostage was clear. Bryant didn't hesitate.