“You’re in contempt, Mr. Sistrunk.”
“I don’t care. I’ll do whatever it takes to fight for my client, and if I have to go to federal court to make sure we get a fair trial, then that’s what I’m willing to do. I’ll file a federal lawsuit against anybody who gets in my way.” Two courtroom deputies were slowly making their way toward Sistrunk. Suddenly, he spun and pointed a finger at one. “Don’t touch me unless you want to be named in a federal lawsuit. Stay away!”
“Where is Sheriff Walls?” Judge Atlee asked.
A clerk nodded and said, “Here.” Ozzie was coming through the door. He stormed down the aisle with Deputy Willie Hastings behind him. Judge Atlee rapped his gavel and said, “Mr. Sistrunk, I find you in contempt and order you into the custody of the Ford County sheriff. Sheriff Walls, please take him away.”
“You can’t do this!” Sistrunk yelled. “I’m a duly licensed lawyer, admitted to practice before the U.S. Supreme Court. I’m here on behalf of my client. I’m here with local counsel. You can’t do this, Your Honor. This is discriminatory and highly prejudicial to my client.” By then, Ozzie was within striking distance, and ready to pounce if necessary. He was also three inches taller, ten years younger, thirty pounds heavier, armed, and the look on his face left little doubt he would enjoy a good rumble in front of the home crowd. He grabbed Sistrunk’s elbow, and for a brief second there was resistance. Ozzie squeezed and said, “Hands behind your back.”
At that point, Booker Sistrunk was exactly where he wanted to be. With a fine effort at drama, he lowered his head, swung his hands behind his back, and suffered the indignity of being arrested. He looked at Kendrick Bost. Some of those nearby would later claim they saw a nasty little grin; others did not. Surrounded by deputies, Sistrunk was jostled through the bar and down the aisle. As he passed near Lettie, he said loudly, “I’ll get ’em, Lettie. Don’t you worry. These racists will never get your money. Just trust me.” They shoved him farther down the aisle and out the doors.
For reasons no one would ever understand, Rufus Buckley felt compelled to say something. He stood in the deathly silent courtroom and said, “Your Honor, if it please the court, I must say this puts us at a distinct disadvantage.”
Judge Atlee looked at one of the remaining deputies, pointed at Buckley, and said, “Take him too.”
“What?” Buckley gasped.
“I find you in contempt, Mr. Buckley. Please take him away.”
“But why, Your Honor?”
“Because you are contemptuous, along with presumptuous, disrespectful, arrogant, and a lot of other things. Leave!”
They slapped the handcuffs on Rufus, who had turned pale and wild-eyed. He, Rufus Buckley, former district attorney and symbol of the highest standards of law abidance, morality, and ethical conduct, was being hauled away like a common criminal. Jake fought the urge to applaud.
“And put him in the same cell with his co-counsel,” Judge Atlee roared into the microphone as Rufus stutter-stepped down the aisle, his desperate face searching for friends.
When the door slammed, everyone gasped for what little oxygen was left in the room. The lawyers began exchanging humorous glances, certain they had just witnessed something they would never see again. Judge Atlee pretended to be taking notes while everyone tried breathing. Finally, he looked up and said, “Now, Mr. Bost, do you have anything to say?”
Mr. Bost did not. There was plenty on his mind, but given the current mood of the court, he wisely shook his head no.
“Good. Now you have about thirty seconds to clear that table and move yourself right over here to the jury box. Mr. Brigance, would you assume your proper position in my courtroom?”
“Be glad to, Your Honor.”
“On second thought, let’s take a ten-minute recess.”
Ozzie Walls had a sense of humor. In the circular drive behind the courthouse there were four fully decorated patrol cars, all heavily painted with words and numbers and laden with antennas and lights. As he gathered his men around the two contemptuous lawyers in the rear hallway, he made the quick decision that they should ride together. “Put ’em in my car,” he ordered.
“I’ll sue you for this,” Sistrunk threatened for the tenth time.
“We got lawyers,” Ozzie fired back.
“I’ll sue every one of you redneck clowns.”
“And our lawyers are outta jail.”
“In federal court.”
“I love federal court.”
Sistrunk and Buckley were shoved outside and jostled into the rear seat of Ozzie’s big brown Ford. Dumas Lee and a cohort fired away with cameras.
“Let’s give ’em a parade,” Ozzie said to his men. “Lights, no sirens.”
Ozzie got behind the wheel, started the engine, and pulled away, ever so slowly. “You been in the backseat before, Rufus?”
Buckley refused to answer. He sat as low as possible directly behind the sheriff and peered out the window as they crept around the square. Three feet to his right, Booker Sistrunk sat awkwardly with his hands behind him and continued the mouthing: “You oughtta be ashamed of yourself, treating a brother like this.”
“The white guy’s gettin’ the same treatment,” Ozzie said.
“You’re violating my civil rights.”
“And you’re violatin’ mine with your mouth. Now shut up or I’ll lock you under the jail. We got a little basement down there. You seen it, Rufus?”
Again, Rufus chose not to respond.
They looped twice around the square, then zigzagged a few blocks with Ozzie in the lead and followed by the other cars. Ozzie was giving Dumas time to set up at the jail, and when they arrived, the reporter was snapping away. Sistrunk and Buckley were extracted from Ozzie’s car and led slowly along the front walkway and into the jail. They were treated like all fresh arrestees—photographed, fingerprinted, asked a hundred questions for the record, relieved of all belongings, and given a change of clothes.
Forty-five minutes after raising the ire of the Honorable Reuben V. Atlee, Booker Sistrunk and Rufus Buckley, in matching county jail overalls, faded orange with white stripes on the legs, sat on the edges of their metal beds and looked at the black-stained and dripping toilet they were expected to share. A jailer peeked through the bars of their narrow cell and asked, “Get you boys anything?”
“What time is lunch?” Rufus asked.
With Bost banished to the jury box while his cohorts were being processed, the hearing commenced and concluded with amazing speed. With no one present to argue for a change of venue or removal of the judge, those motions were denied. The motion to replace Jake with Rufus Buckley was rejected with hardly a word. Judge Atlee granted the motions for a trial by jury, and gave the parties ninety days to begin and complete discovery. He explained in clear language that the case had top priority with him and he would not allow it to drag on. He asked the attorneys to pull out their calendars and forced them to agree on a trial date of April 3, 1989, almost five months away.
He adjourned the hearing after thirty minutes and disappeared from the bench. The crowd stood and began buzzing while the lawyers huddled and tried to confirm what had just happened. Stillman Rush whispered to Jake, “I guess you’re lucky you’re not in jail.”
“Unbelievable,” Jake said. “You wanna go visit Buckley?”
“Maybe later.”
Kendrick Bost led Lettie and her people off to a corner where he tried to assure them things were going as planned. Most seemed skeptical. He and the bodyguard hurried away as soon as possible and darted across the courthouse lawn. They jumped into the black Rolls-Royce—the bodyguard was also the driver—and sped away to the jail. They were told by Ozzie that visitation had not been approved by the court. Bost cursed, left, and took off in the direction of Oxford, home of the nearest federal courthouse.
Dumas Lee cranked out a thousand words before lunch and faxed the story to a reporter he knew at the Memphis paper. He also wired plenty of photographs. Later in the day, he sent the same materials to the newspapers in Tupelo and Jackson.
19
The word was leaked from a legitimate source and it spread like wildfire through the courthouse and around the square. Come 9:00 a.m., Judge Atlee would reconvene and allow his prisoners the opportunity to apologize. The very notion of seeing Rufus Buckley and Booker Sistrunk dragged into court, hopefully in chains and rubber shower shoes and orange county overalls, was impossible to resist.
Their story had gained traction and was the source of enthusiastic gossip and speculation. For Buckley, it was an enormous humiliation. For Sistrunk, it was nothing but another chapter.
The Memphis morning paper ran every word of Dumas’s report on the front page of the Metro section, and accompanied it with a huge photo of the two handcuffed co-counsels leaving the courthouse the day before. The headline alone was worth it for Sistrunk: PROMINENT MEMPHIS LAWYER JAILED IN MISSISSIPPI. In addition to Dumas’s startlingly accurate story, there was a smaller one about the petition for habeas corpus relief filed by the Sistrunk & Bost firm in federal court in Oxford. A hearing was scheduled for 1:00 that afternoon.
Jake sat on his balcony overlooking the square, sipping coffee with Lucien and waiting for the patrol cars to arrive. Ozzie had promised to call with a heads-up.
Lucien, who hated early mornings and with good reason, looked surprisingly fresh and clear-eyed. He claimed he was drinking less and exercising more, and he was certainly working harder. Jake was finding it increasingly difficult to avoid him around his (their) office.
Lucien said, “I never thought I would see the day when Rufus Buckley was hauled away in handcuffs.”
“Beautiful, just beautiful, and still hard to believe,” Jake said. “I’m going to call Dumas and see if I can buy the photo of Buckley being led into the jail.”
“Please do, and make me a copy.”
“Eight-by-ten, framed. I could probably sell them.”
Roxy was forced to climb the stairs, enter Jake’s office, and walk to the balcony where she found her boss. She said, “That was Sheriff Walls. They’re on the way over.”
“Thanks.”
Jake and Lucien hurried across the street, and it was impossible to miss the fact that other law offices were being vacated as attorneys from around the square suddenly had urgent business in the courthouse. Poor Buckley had made so many enemies. The courtroom was far from packed, but quite a few of those enemies were milling about. It was blatantly obvious they were there for only one reason. A bailiff called things to order and Judge Atlee swept onto the bench. He nodded at a deputy and said, “Bring him in.” A side door opened and Buckley walked in, his wrists and ankles free. Except for the stubble and a bad hair day, he looked much the same as he had the day before. Judge Atlee had shown compassion and allowed him to change clothing. It would have been a bit too much of an embarrassment to parade him over in inmate’s attire. Given the coverage in the morning’s papers, Judge Atlee simply could not allow an officer of his court to be seen in such garb.