A time to kill

"Would you explain this rule to the jury?" "Of course. The M'Naghten Rule is the standard for criminal responsibility in Mississippi, as in fifteen other states. It goes back to England, in the year 1843, when a man by the name of Daniel M'Naghten attempted to assassinate the prime minister, Sir Robert Peel. He mistakenly shot and killed the prime minister's secretary, Edward Drummond. During his trial the evidence plainly showed M'Naghten was suffering from what we would call paranoid schizophrenia. The jury returned a verdict of not guilty, by reason of insanity. From this the M'Naghten Rule was established. It is still followed in England and sixteen states." "What does the M'Naghten Rule mean?" "The M'Naghten Rule is fairly simple. Every man is presumed to be sane, and to establish a defense on the

ground of insanity, it must be clearly proven that when the defendant did what he did he was laboring under such a defect of reason, from a mental disease, that he did not know the nature and quality of the act he was doing, or if he did know what he was doing, he did not know it was wrong."

"Could you simplify that?"

"Yes. If a defendant cannot distinguish right from wrong, he is legally insane."

"Define insanity, please."

"It has no significance, medically. It is strictly a legal standard for a person's mental state or condition."

Jake breathed deeply and plowed forward. "Now, Doctor, based upon your examination of the defendant, do you have an opinion as to the mental condition of Carl Lee Hai-ley on May 20 of this year, at the time of the shooting?"

"Yes, I do."

"And what is that opinion?"

"It is my opinion," Bass said slowly, "that the defendant had a total break with reality when his daughter was raped. When he saw her immediately after the rape he didn't recognize her, and when someone told him she'd been gang-raped, and beaten, and almost hanged, something just snapped in Carl Lee's mind. That's a very elementary way of putting it, but that's what happened. Something snapped. He broke with reality.

"They had to be killed. He told me once that when he first saw them in court, he could not understand why the deputies were protecting them. He kept waiting for one of the cops to pull a gun and blow their heads off. A few days went by and nobody killed them, so he figured it. was up to him. I mean, he felt as though someone in the system would execute the two for raping his little girl.

"What I'm saying, Mr. Brigance, is that, mentally, he left us. He was in another world. He was suffering from delusions. He broke."

Bass knew he was sounding good. He was talking to the jury now, not the lawyer.

"The day after the rape he spoke with his daughter in the hospital. She could barely talk, with the broken jaws and all, but she said she saw him in the woods running to save her, and she asked him why he disappeared. Now, can you

imagine what that would do to a father? She later told him she begged for her daddy, and the two men laughed at her and told her she didn't have a daddy."

Jake let those words sink in. He studied Ellen's outline and saw only two more questions.

"Now, Dr. Bass, based upon your observations of Carl Lee Hailey, and your diagnosis of his mental condition at the time of the shooting, do you have an opinion, to a reasonable degree of medical certainty, as to whether Carl Lee Hailey was capable of knowing the difference between right and wrong when he shot these men?"

"I have."

"And what is that opinion?"

"That due to his mental condition, he was totally incapable of distinguishing right from wrong."

"Do you have an opinion, based upon the same factors, as to whether Carl Lee Hailey was able to understand and appreciate the nature and quality of his actions?"

"I do."

"And what is that opinion?"

"In my opinion, as an expert in the field of psychiatry, Mr. Hailey was totally incapable of understanding and appreciating the nature and quality of what he was doing."

"Thank you, Doctor. I tender the witness."

Jake gathered his legal pad and strolled confidently back to his seat. He glanced at Lucien, who was smiling and nodding. He glanced at the jury. They were watching Bass and thinking about his testimony. Wanda Womack, a young woman with a sympathetic glow about her, looked at Jake and smiled ever so slightly. It was the first positive signal he received from the jury since the trial started.

"So far so good," Carl Lee whispered.

Jake smiled at his client. "You're a real psycho, big man."

"Any cross-examination?" Noose asked Buckley.

"Just a few questions," Buckley said as he grabbed the podium.

Jake could not imagine Buckley arguing psychiatry with an expert, even if it was W.T. Bass.

But Buckley had no plans to argue psychiatry. "Dr. Bass, what is your full name?"

Jake froze. The question had an ominous hint to it. Buckley asked it with a great deal of suspicion.

"William Tyler Bass."

"What do you go by?"

"W.T. Bass."

"Have you ever been known as Tyler Bass?"

The expert hesitated. "No," he said meekly.