PART TWO. THE CAMPAIGN 13 page

"Every single year. Whether it's municipal, judicial, state and local, or federal, they go to the polls every year. Such a waste. Small wonder turnout is low. Hell, the voters are sick of politics."

Of the 34 percent who could name a supreme court justice, only half mentioned Sheila McCarthy. If the election were held today, 18 percent would vote for her, 15 percent would vote for Clete Coley, and the rest either were undecided or simply wouldn't vote because they didn't know anyone in the race.

After some initial straightforward questions, the poll began to reveal its slant. Would you vote for a supreme court candidate who is opposed to the death penalty? Seventy-three percent said they would not.

Would you vote for a candidate who supports the legal marriage of two homosexuals?

Eighty-eight percent said no.

Would you vote for a candidate who is in favor of tougher gun-control laws? Eighty five percent said no.

Do you own at least one gun? Ninety-six percent said yes.

The questions had multiple parts and follow-ups, and were obviously designed to walk the voter down a path lined with hot-button issues. No effort was made to explain that the supreme court was not a legislative body; it did not have the responsibility or jurisdiction to make laws dealing with these issues. No effort was made to keep the field level. Like many polls, Rinehart's skillfully shifted into a subtle attack.

Would you support a liberal candidate for the supreme court? Seventy percent would not.

Are you aware that Justice Sheila McCarthy is considered the most liberal member of the Mississippi Supreme Court? Eighty-four percent said no.

If she is the most liberal member of the court, will you vote for her? Sixty-five percent said no, but most of those being polled didn't like the question. If? Was she or wasn't she the most liberal? Anyway, Barry considered the question useless.

The promising part was how little name recognition Sheila McCarthy had after nineyears on the bench, though, in his experience, this was not unusual. He could argue with anyone, privately, that this was another perfect reason why state supreme court judges shouldn't be elected in the first place. They should not be politicians. Their names should not be well-known.

The poll then shifted away from the supreme court and settled onto the individual participants. There were questions about religious faith, belief in God, church attendance, financial support of the church, and so on. And there were questions about certain issues-where do you stand on abortion, stem cell research, et cetera?

The poll wrapped up with the basics-race, marital status, number of children, if any, approximate income status, and voting history.

The overall results confirmed what Barry suspected. The voters were conservative, middle-class, and white (78 percent) and could easily be turned against a liberal judge. The trick, of course, was to convert Sheila McCarthy from the sensible moderate she was into the raging liberal they needed her to be. Barry's researchers were analyzing every word she had ever written in a legal ruling, both at the circuit court level and on the supreme court. She could not escape her words; no judge could ever do that. And Barry planned to hang her with her own words.

After lunch, they moved to the conference table, where Barry had a display of the initial mock-ups of Ron Fisk's campaign literature. There were hundreds of new photographs of the Fisk family in all its wholesomeness-walking into church, on the front porch, at the baseball park, the parents together, alone, dripping with love and affection.

The first soft ads were still being edited, but Barry wanted to share them anyway.

They had been filmed by a crew sent from Washington to Mississippi. The first was of Fisk standing by a Civil War monument at the Vicksburg battlefield, gazing off into the distance as if listening to distant cannons. His soft, richly accented voice played over: "I'm Ron Fisk. My great-great-grandfather was killed on this spot in July of 1863. He was a lawyer, a judge, and a member of the state legislature. His dream was to serve on the supreme court. That's my dream today. I am a seventh-generation Mississippian, and I ask for your support."

Tony was surprised. "The Civil War?"

"Oh yes. They love it."

"What about the black vote?"

"We'll get 30 percent of it, from the churches. That's all we need."

The next ad was shot in Ron's office. Jacket off, sleeves rolled up, desk arranged in a careful clutter. Looking sincerely at the camera, Ron talked about his love of the law, the pursuit of truth, the demands of fairness from those who sit on the bench. It was a fairly bland effort, but it did convey warmth and intelligence.

There were a total of six ads. “Just the soft ones," Barry promised. A couple would not survive editing, and there was a good chance the camera crew would be sent back for more.

"What about the nasty ones?" Tony asked.

"Still in the writing stage. We won't need them until after Labor Day."

"How much have we spent so far?"

"Quarter of a million. A drop in the bucket."

They spent two hours with an Internet consultant whose firm did nothing but raise money for political races. So far, he had put together an e-mail bank with just over forty thousand names-individuals with a history of contributing, members of the associations and groups already on board, known political activists at the local level, and a smaller number of people outside of Mississippi who would feel sympathetic enough to send a check. He guessed that the list would grow by another ten thousand, and he projected total contributions at somewhere in the range of $500,000. Most important, his list was ready and waiting. When given the green light, he simply pushed a button, the solicitation flew out, and the checks started coming.

The green light was the principal topic over a long dinner that night. The deadline to qualify was a month away. Though there were the usual rumors, Tony firmly believed that the race would attract no one else. "There will be only three horses," he said. "And we own two of them."

"What's McCarthy doing?" Barry asked. He received daily updates on her movements, which so far had revealed little.

"Not much. She appears to be shell-shocked. One day she's unopposed; the next day she's got some crazy cowboy named Coley calling her a liberal convict lover and the newspapers are printing everything he says. I'm sure she's getting advice from McElwayne, her sidekick, but she has yet to put together a staff for the campaign."

"Is she raising money?"

"The trial lawyers issued one of their standard panic e-mails last week, begging for money from the membership. I have no idea how that's going."

"Sex?"

"Just the usual boyfriend. You've got the report. No real dirt yet."

Shortly after opening the second bottle of a fine Oregon pinot noir, they decided to launch Fisk in two weeks. The boy was ready, straining at the leash, desperate to hit the trail. Everything was in place. He was taking a six-month leave from his firm, and his partners were happy. And well they should be. They had just picked up five new clients-two large timber companies, a pipeline contractor from Houston, and two natural gas firms. The vast coalition of lobbying groups was on board, ready with cash and foot soldiers. McCarthy was afraid of her shadow and apparently hoping Clete Coley would simply go away or self-destruct.

They touched glasses and toasted the eve of an exciting campaign.

As always, the meeting was held in the fellowship hall of the Pine Grove Church.

And as usual, several non-clients tried to wiggle their way in to hear the latest.

They were politely escorted out by Pastor Ott, who explained that this was a very confidential meeting between the lawyers and their clients.

Other than the Baker case, the Paytons had thirty Bowmore cases. Eighteen involved people who were already dead. The other twelve involved people with cancer in various stages. Four years earlier, the Paytons had made the tactical decision to take their best case-Jeannette Baker's-and try it first. It would be far cheaper than trying all thirty-one at one time. Jeannette was the most sympathetic, having lost her entire family in the span of eight months. That decision now looked brilliant.

Wes and Mary Grace hated these meetings. A sadder, more tragic group of people could not be found anywhere. They had lost children, husbands, and wives. They were terminally ill and living with incredible pain. They asked questions that could not be answered, over and over, in slightly different variations because no two cases were identical.

Some wanted to quit, and others wanted to fight forever. Some wanted money, and others just wanted Krane to be held accountable. There were always tears, and harsh words, and for this reason Pastor Ott was there as a calming influence.

Now, with the Baker verdict legendary, the Paytons knew the rest of their clients had much higher expectations. Six months after the verdict, the clients were more anxious than ever. They called the office more often. They sent more letters and e-mails.

The meeting had the extra tension caused by the funeral, three days earlier, of Leon Gatewood, a man they all despised. His body was found in a pile of brush three miles downriver from his capsized fishing boat. There was no evidence of foul play, but everyone suspected it. The sheriff was busy with an investigation.

All thirty families were represented. The notepad Wes passed around had sixty-twonames on it, names he knew well, including that of Frank Stone, a caustic bricklayer who usually said little during these meetings. It was assumed, without a shred of evidence, that if Leon Gatewood's death had been caused by someone else, then Frank Stone knew something about it.

Mary Grace began with a warm hello. She thanked them for coming, and for their patience.

She talked about the Baker appeal, and for a little dramatic effect she hoisted the thick brief filed by Krane's lawyers as evidence that many hours were being spent on the appellate front. All briefs would be in by September, then the supreme court would decide how to handle the case. It had the option of passing it off to a lower court, the court of appeals, for an initial review, or it could simply keep it. A case of this magnitude would eventually be decided by the supreme court, and she and Wes were of the opinion that it would bypass the lower court. If that happened, oral arguments would be scheduled for later in the year, or perhaps early next year. Her best guess was a final ruling in about a year.

If the court affirmed the verdict, there were several possible scenarios. Krane would be under enormous pressure to settle the remaining claims, which, of course, would be a highly favored result. If Krane refused to settle, she was of the opinion that Judge Harrison would consolidate the other cases and try them in one huge trial.

In that event, their firm would have the resources to fight on. She confided in the clients that they had spent borrowed funds in excess of $400,000 to get the Baker case to a jury, and they simply could not do it again unless the first verdict was upheld.

As poor as the clients were, they were not nearly as broke as their lawyers.

"What if the Baker verdict is rejected by the court?" asked Eileen Johnson. Her head was bare from chemo, and she weighed less than a hundred pounds. Her husband held her hand throughout the meeting.

"That's a possibility," Mary Grace admitted. "But we are confident it won't happen."

She said this with more assurance than she possessed. The Paytons felt good about the appeal, but any rational lawyer would be nervous. "But if it happens, the court will send it back for another trial. It could be on all issues, or simply on damages.

It's hard to predict."

She moved on, anxious to get away from more talk about losing. She assured them that their cases were still receiving the full attention of their firm. Hundreds of documents were being processed each week and filed away. Other experts were being sought. They were in a holding pattern, but still working hard.

"What about this class action?" asked Curtis Knight, the father of a teenage boy who'd died four years earlier. The question seemed to arouse the crowd. Others, less deserving, were encroaching on their territory.

"Forget about it," she said. "Those plaintiffs are at the bottom of the pile. They win only if there's a settlement, and any settlement must first satisfy your claims.

We control the settlement. You are not competing with those people."

Her answer seemed good enough.

Wes took over with cautionary words. Because of the verdict, the pressure on Krane Chemical was greater than ever. They probably had investigators in the area, watching the plaintiffs, trying to gather information that might be damaging. Be careful who you talk to. Be wary of strangers. Report anything even remotely unusual.

For a long-suffering people, this was not welcome news. They had enough to worry about.

The questions continued and went on for over an hour. The Paytons worked hard to reassure, to show compassion and confidence, to give hope. But the tougher challenge was keeping a lid on expectations.

If anyone in the room was concerned about a supreme court race, it was never mentioned.

Chapter 20

When he stepped forward and gazed at the large congregation on Sunday morning, Ron Fisk had no idea how many pulpits he would visit over the next six months. Nor did he realize that the pulpit would become a symbol of his campaign.

He thanked his minister for the opportunity, then thanked his congregation, his fellow members of St. Luke's Baptist Church, for their indulgence. "Tomorrow, down the street at the Lincoln County Courthouse, I will announce my candidacy for the Mississippi Supreme Court. Doreen and I have been struggling with and praying about this for several months now. We have counseled with Pastor Rose. We have discussed it with our children, our families, and our friends. And we are finally at peace with our decision and want to share it with you before the announcement tomorrow."

He glanced at his notes, looked a little nervous, then continued.

"I have no background in politics. Frankly, I've never had the stomach for it. Doreen and I have established a happy life here in Brookhaven, raising our kids, worshipping here with you, taking part in our community.

We are blessed, and we thank God every day for his goodness. We thank God for this church and for friends like you. You are our family."

Another nervous pause.

"I seek to serve on the supreme court because I cherish the values that we share.

Values based on the Bible and our faith in Christ. The sanctity of the family-man and woman. The sanctity of life. The freedom to enjoy life without fear of crime and government intervention. Like you, I am frustrated by the erosion of our values.

They are under attack by our society, by our depraved culture, and by many of our politicians. Yes, also by our courts. I offer my candidacy as one man's fight against liberal judges. With your help, I can win. Thank you."

Mercifully brief-another long-winded sermon was surely coming next-Ron's words wereso well received that a polite round of applause rippled through the sanctuary as he returned to his seat and sat with his family.

Two hours later, while the white churchgoers in Brookhaven were having lunch and the black ones were just getting cranked up, Ron bounded up red-carpeted steps to the massive podium of the Mount Pisgah Church of God in Christ on the west side of town and delivered a lengthier version of the morning's comments. (He omitted the word "liberal.") Until two days earlier, he had never met the reverend of the town's largest black congregation. A friend pulled some strings and manipulated an invitation.

That night, in the middle of a rowdy Pentecostal holy hour, he grabbed the pulpit, waited for the racket to die down, then introduced himself and made his appeal. He ignored his notes and spoke longer. He went after the liberals again.

Driving home afterward, he was struck by how few people he actually knew in his small town. His clients were insurance companies, not people. He rarely ventured outside the security of his neighborhood, his church, his social circle. Frankly, he preferred to stay there.

At nine Monday morning he gathered on the steps of the courthouse with Doreen and the kids, his law firm, a large group of friends, courthouse employees and regulars, and most of his Rotary Club, and he announced his candidacy to the rest of the state. It was not planned as a media event.

Only a few reporters and cameras showed up.

Barry Rinehart subscribed to the strategy of peaking on Election Day, not when the announcement is made.

Ron delivered his carefully worded and rehearsed remarks for fifteen minutes, with lots of applause thrown in. He answered every question the reporters had, then moved inside to a small, empty courtroom, where he happily gave a thirty-minute exclusive to one of the political reporters for the Jackson newspaper.

The party then moved three blocks down the street, where Ron cut the ribbon across the door of his official campaign headquarters in an old building that had been freshly painted and covered with campaign propaganda. Over coffee and biscuits, he chatted with friends, posed for pictures, and sat for another interview, this one with a newspaper he'd never heard of. Tony Zachary was there, supervising the festivities and watching the clock.

Simultaneously, a press release of his announcement was sent to every newspaper in the state and to the major dailies throughout the Southeast. One was also e-mailed to each member of the supreme court, each member of the legislature, every other elected official in the state, every registered lobbyist, thousands of state employees, every doctor with a license, and every lawyer admitted to the bar. There were 390,000 registered voters in the southern district. Rinehart's Internet consultants had found e-mail addresses for about a fourth of them, and these lucky folks received the news online while Ron was still at the courthouse making his speech. A total of 120,000 e-mails went out in one blast.

Forty-two thousand solicitations for money were sent by e-mail, along with a message that touted the virtues of Ron Fisk while attacking the social evils caused by "liberal, left-leaning judges who substitute their own agendas for those of the people."

From a rented warehouse in south Jackson, a building Ron Fisk did not know about and would never lay eyes on, 390,000 stuffed envelopes were removed and taken to the central post office. Inside each was a campaign brochure with lots of endearing photos, a warm letter from Ron himself, a smaller envelope if one wished to send back a check, and a complimentary bumper sticker. The colors were red, white, and blue, and the artwork was obviously done by professionals. Every detail in the mailing was of the highest quality.

At 11:00 a.m., Tony moved the show south to McGomb, the eleventh-largest city in the district. (Brookhaven ranked fourteenth with a population of 10,800.) Traveling in a newly leased Chevrolet Suburban, with a volunteer named Guy at the wheel, with his new but already indispensable first assistant, Monte, in the front seat and on the phone, and with Doreen sitting by his side on the rather spacious middle bench of the SUV, Ron Fisk smiled smugly at the countryside flying by him. It was a moment to be savored. His first foray into politics, and in such grand style. All those supporters, their enthusiasm, the press and the cameras, the heady challenge of the job ahead, the thrill of winning, all in just the first two hours of the campaign.

The strong rush of adrenaline was only a sample of what was coming. He imagined a great victory in November. He could see himself springing from the mundane anonymity of a smalltown law practice to the prestige of the supreme court. It all lay before him.

Tony followed closely behind, relaying a quick update to Barry Rinehart.

At the City Hall in McComb, Ron announced again. The crowd was small but loud. There were a few friends, but the rest were total strangers. After two quick interviews, with photos, he was driven to the McComb airstrip, where he boarded a Lear 55, a handsome little jet built like a rocket, although, as Ron couldn't help but notice, much smaller than the G5 that had whisked him to Washington. Doreen barely managed to suppress her excitement at her first encounter with a private jet. Tony joined the flight. Guy raced ahead with the SUV Fifteen minutes later they landed in Hattiesburg, population forty-eight thousand, the third-largest city in the district. At 1:00 p.m., Ron and Doreen were the guests at a Prayer Lunch thrown together by a loose coalition of fundamentalist pastors. The setting was an old Holiday Inn. Tony waited in the bar.

Over badly fried chicken and butter beans, Ron did more listening than talking. Several of the preachers, evidently still inspired by their Sunday labors, felt the need to bless him with their views on various issues and evils. Hollywood, rap music, celebrity culture, rampant pornography, the Internet, underage drinking, underage sex, and on and on. Ron nodded sincerely and was soon ready to escape. When he did say a few words, he chose all the right ones. He and Doreen had prayed about this race and felt the Lord's hand in it. Laws created by man should strive to emulate the laws of God. Only men of clear moral vision should judge the problems of others.

And so on. He was unequivocally endorsed on the spot.

Freed from the meeting, Ron addressed a group of two dozen supporters outside the Forrest County Circuit Court building. The event was covered by the Hattiesburg TV station. After a few questions, he walked along Main Street, shaking hands with any and all, passing out his slick brochures, and ducking into every law office for a quick heyhowdy. At 3:30, the Lear 55 took off and headed to the Coast. At eight thousand feet and climbing, it flew over the southwest corner of Cancer County.

Guy was waiting with the Suburban at the Gulfport-Biloxi Regional Airport. Ron kissed Doreen goodbye, and the plane took her back to Mc-Comb. Another driver there would take her to Brookhaven. At the Harrison County Courthouse, Ron announced again, answered the same questions, then sat down for a long interview with the Sun Herald.

Biloxi was the home of Sheila McCarthy. It was adjacent to Gulf-port, the largest city in the southern district, with a population of sixty-five thousand. Biloxi and Gulfport were the center of the Coast region, a three-county area along the Gulf with 60 percent of the votes. To the east was Ocean Springs, Gautier, Moss Point, Pascagoula, and then Mobile. To the west was Pass Christian, Long Beach, Waveland, Bay St. Louis, then New Orleans.

Tony planned for Ron to spend at least half of his time there during the campaign. At 6:00 p.m., the candidate was introduced to his Coast office, a renovated fast-food franchise on Highway 90, the heavily traveled four-lane at the beach. Brightly colored campaign signs blanketed the area around the headquarters, and a large crowd gathered to hear and meet their candidate. Ron knew none of them. Nor did Tony. Virtually all were employees of some of the companies indirectly financing the campaign. Half worked in the regional office of a national auto insurance company. When Ron arrived and saw his headquarters, its decorations, and the crowd, he marveled at the organizational skills of Tony Zachary. This might be easier than he thought.

The Gulf Coast's economy is now fueled by casinos, so he throttled back his high moral comments and dwelled on his conservative approach to judicial thought. He talked about himself, his family, his son Josh's undefeated Little League team. And for the first time, he voiced concern over the state's crime rate and its seeming indifference to executing condemned killers.

Clete Coley would've been proud.

Dinner that night was a fancy fund-raiser at the Biloxi Yacht Club, a thousand dollars a plate. The crowd was a mix of corporate suits, bankers, doctors, and insurance defense lawyers. Tony counted eighty-four present.

Late that night, with Ron asleep in the room next door, Tony called Barry Rinehart with a summary of the great day. It wasn't as colorful as Clete's dramatic entrance, but it was far more productive. Their candidate had handled himself well.

Day two began with a 7:30 Prayer Breakfast at a hotel in the shadows of the casinos.

It was sponsored by a newly organized group known as the Brotherhood Coalition. Most of those in attendance were fundamentalist pastors from a dozen strains of Christianity.

Ron was quickly learning the strategy of adapting to his audience, and he felt at home talking about his faith and how it would shape his decisions on the supreme court. He emphasized his long service to the Lord as a deacon and Sunday school teacher, and almost choked up when he recalled the story of his son's baptism.

Again, he was endorsed on the spot.

At least half the state awoke to morning newspapers with full-page ads for candidate Ron Fisk. The ad in Jackson's Clarion-Ledger had a handsome photograph above the bold caption 'Judicial Reform." Smaller print gave Ron's pertinent biographical data, with emphasis on his membership in his church, civic organizations, and the American Rifle Association. Still smaller print listed an impressive collection of endorsements: family groups, conservative Christian activists, panels of ministers, and associations that seemed to represent the rest of humanity; doctors, nurses, hospitals, dentists, nursing homes, pharmacists, retail merchants, real estate agents, banks, savings and loans, finance companies, brokerage firms, mortgage banks, insurance companies (health, life, medical, fire, casualty, malpractice), highway contractors, architects, energy companies, natural gas producers, and three "legislative relations" groups that represented the manufacturers of virtually every product to be found in any store.

In other words, everyone who might get sued and therefore paid insurance premiums as protection. The list reeked of money and proclaimed that Ron Fisk, heretofore unknown, was now in the race as a serious player.

The ad cost $12,000 in the Jackson Clarion-Ledger, $9,000 in the Biloxi Sun Herald, and $5,000 in the Hattiesburg American.

The two-day cost of the Fisk rollout was roughly $450,000, which did not include travel expenses, the jet, and the Internet assault. The bulk of the money was spent on direct mail.

Ron spent the rest of Tuesday and Wednesday on the Coast, with every minute planned with precision. Campaigns habitually run late, but not with Tony in charge. They announced at the courthouses in Jackson and Hancock counties, prayed with preachers, stopped at dozens of law offices, worked a few busy streets handing out brochures, and shook hands. Ron even kissed his first baby. And it was all recorded by a film crew.

On Thursday, Ron made six more stops throughout south Mississippi, then hurried back to Brookhaven for a quick change of clothes. The game began at six. Doreen was already there with the kids. The Raiders were warming up, and Josh was pitching. The team was in the dugout listening to an assistant when Coach Fisk hustled in and took charge.

There was a nice crowd at the game. Ron already felt like a celebrity.

Rather than researching law, Sheila's two clerks spent the day collecting press accounts of the Ron Fisk rollout. They gathered copies of the full-page ads from the different newspapers. They tracked the news online. As the file grew thicker, their moods sank.

Sheila tried gamely to go about her job as if nothing was happening. The sky was falling, but she pretended to ignore it. Privately, and this usually meant a closed-door session with Big Mac, she was stunned and thoroughly overwhelmed. Fisk was spending what looked like a million dollars, and she had raised virtually nothing.

Clete Coley had convinced her she had light opposition. The Fisk ambush was so brilliantly executed she felt as though she'd been killed in battle.

The board of directors of the Mississippi Trial Advocates met in an emergency meeting late Thursday afternoon in Jackson. Its current president was Bobby Neal, a veteran trial lawyer with many verdicts under his belt and a long history of service to the MTA. Eighteen of the twenty directors were present, the highest number in many years.

The board, by its very nature, was a collection of high-strung and highly opinionated lawyers who worked by their own rules. Few had ever had a boss. Most had clawed their way up through the lower rungs of the profession to reach a level of great respectability, at least in their opinions. To them, no calling was higher than that of representing the poor, the injured, the unwanted, the troubled.

Date: 2015-12-17; view: 283