"What do you mean, it don't matter?" matter?" Lloyd nearly screamed. "It does Lloyd nearly screamed. "It does so so matter! It matter! It better better fuckin matter! I didn't waste those people, Poke did! He was crazy! He was-" fuckin matter! I didn't waste those people, Poke did! He was crazy! He was-"

"Will you shut up, Sylvester?" Devins inquired in that soft, intense voice, and Lloyd shut. In his sudden fear he had forgotten the cheers for him in Maximum, and even the unsettling possibility that he might lose a tooth. He suddenly had a vision of Tweety Bird running a number on Sylvester the Cat. Only in his mind, Tweety wasn't bopping that dumb ole puddy-tat over the head with a mallet or sticking a mousetrap in front of his questing paw; what Lloyd saw was Sylvester strapped into Old Sparky while the parakeet perched on a stool by a big switch. He could even see the guard's cap on Tweety's little yellow head.

This was not a particularly amusing picture.

Perhaps Devins saw some of this in his face, because he looked moderately pleased for the first time. He folded his hands on the pile of papers he had taken from his briefcase. "There is no such thing as an accessory when it comes to first-degree murder committed during a felony crime," he said. "The state has three witnesses who will testify that you and Andrew Freeman were together. That pretty well fries your skinny butt. Do you understand?"

"I-"

"Good. Now to get back to Markham vs. South Carolina. Markham vs. South Carolina. I am going to tell you, in words of one syllable, how the ruling in that case bears on your situation. But first, I ought to remind you of a fact you doubtless learned during one of your trips through the ninth grade: the Constitution of the United States specifically forbids cruel and unusual punishment. " I am going to tell you, in words of one syllable, how the ruling in that case bears on your situation. But first, I ought to remind you of a fact you doubtless learned during one of your trips through the ninth grade: the Constitution of the United States specifically forbids cruel and unusual punishment. "

"Like the fucking lectric chair, damn right," Lloyd said righteously.

Devins was shaking his head. "That's where the law was unclear," he said, "and up until four years ago, the courts had gone round and round and up and down, trying to make sense of it. Does Does 'cruel and unusual punishment' mean things like the electric chair and the gas chamber? Or does it mean the 'cruel and unusual punishment' mean things like the electric chair and the gas chamber? Or does it mean the wait wait between sentencing and execution? The appeals, the delays, the stays, the months and years that certain prisoners-Edgar Smith, Caryl Chessman, and Ted Bundy are probably the most famous- were forced to spend on various Death Rows? The Supreme Court allowed executions to recommence in the late seventies, but Death Rows were still clogged, and that nagging question of cruel and unusual punishment remained. Okay-in between sentencing and execution? The appeals, the delays, the stays, the months and years that certain prisoners-Edgar Smith, Caryl Chessman, and Ted Bundy are probably the most famous- were forced to spend on various Death Rows? The Supreme Court allowed executions to recommence in the late seventies, but Death Rows were still clogged, and that nagging question of cruel and unusual punishment remained. Okay-in Markham vs. South Carolina, Markham vs. South Carolina, you had a man sentenced to the electric chair for the rape-murder of three college co-eds. Premeditation was proved by a diary this fellow, Jon Markham, had kept. The jury sentenced him to death." you had a man sentenced to the electric chair for the rape-murder of three college co-eds. Premeditation was proved by a diary this fellow, Jon Markham, had kept. The jury sentenced him to death."

"Bad shit," Lloyd whispered.

Devins nodded, and gave Lloyd a slightly sour smile. "The case went all the way to the Supreme Court, which reconfirmed that capital punishment was not cruel and unusual under certain circumstances. The court suggested that sooner was better ... from a legal standpoint. Are you beginning to get it, Sylvester? Are you beginning to see?"

Lloyd didn't.

"Do you know why you're being tried in Arizona rather than New Mexico or Nevada?"

Lloyd shook his head.

"Because Arizona is one of four states that has a Capital Crimes Circuit Court which sits only in cases where the death penalty has been asked for and obtained."

"I don't follow you."

"You're going to trial in four days," Devins said. "The state has such a strong case that they can afford to empanel the first twelve men and women that get called to the box. I'll drag it out as long as I can, but we'll have a jury on the first day. The state will present its case on the second day. I'll try to take up three days, and I'll fillibuster on my opening and closing statements until the judge cuts me off, but three days is really tops. We'll be lucky to get that. The jury will retire and find you guilty in about three minutes unless a goddamned miracle happens. Nine days from today you'll be sentenced to death, and a week later, you'll be dead as dogmeat. The people of Arizona will love it, and so will the Supreme Court. Because quicker makes everybody happier. I can stretch the week-maybe-but only a little."

"Jesus Christ, but that's not fair!" Lloyd cried.

"It's a tough old world, Lloyd," Devins said. "Especially for 'mad dog killers,' which is what the newspapers and TV commentators are calling you. You're a real big man in the world of crime. You've got real drag. You even put the flu epidemic back East on page two."

"I never pokerized nobody," Lloyd said sulkily. "Poke, he did it all. He even made up that word."

"It doesn't matter," Devins said. "That's what I'm trying to pound through your thick skull, Sylvester. The judge is going to leave the Governor room for one stay, and only only one. I'll appeal, and under the new guidelines, my appeal has to be in the hands of the Capital Crimes Circuit Court within seven days or you exit stage left immediately. If they decide not to hear the appeal, I have another seven days to petition the Supreme Court of the United States. In your case, I'll file my appeal brief as late as possible. The Capital Crimes Circuit Court will probably agree to hear us-the system's still new, and they want as little criticism as possible. They'd probably hear Jack the Ripper's appeal." one. I'll appeal, and under the new guidelines, my appeal has to be in the hands of the Capital Crimes Circuit Court within seven days or you exit stage left immediately. If they decide not to hear the appeal, I have another seven days to petition the Supreme Court of the United States. In your case, I'll file my appeal brief as late as possible. The Capital Crimes Circuit Court will probably agree to hear us-the system's still new, and they want as little criticism as possible. They'd probably hear Jack the Ripper's appeal."

"How long before they get to me?" Lloyd muttered.

"Oh, they'll handle it in jig time," Devins answered, and his smile became slightly wolfish. "You see, the Circuit Court is made up of five retired Arizona judges. They've got nothing to do but go fishing, play poker, drink bonded bourbon, and wait for some sad sack of shit like you to show up in their courtroom, which is really a bunch of computer modems hooked up to the State House, the Governor's office, and each other. They've got telephones equipped with modems in their cars, cabins, even their boats, as well as in their houses. Their average age is seventy-two-"

Lloyd winced.

"-which means some of them are old enough to have actually ridden the Circuit Line out there in the willywags, if not as judges then as lawyers or law students. They all believe in the Code of the West-a quick trial and then up the rope. It was the way out here until 1950 or so. When it came to multiple murderers, it was the only only way." way."

"Jesus Christ Almighty, do you have to go on about it like that?"

"You need to know what we're up against," Devin said. "They just want to make sure you don't suffer cruel and unusual punishment, Lloyd. You ought to thank them."

"Thank them? I'd like to-" them? I'd like to-"

"Pokerize them?" Devins asked quietly.

"No, course not," Lloyd said unconvincingly.

"Our petition for a new trial will be turned down and all my exceptions will be quickly heaved out. If we're lucky, the court will invite me to present witnesses. If they give me the opportunity, I'll recall everybody that testified at the original trial, plus anyone else I can think of. At that point I'd call your junior high school chums as character witnesses, if I could find them."

"I quit school in the sixth grade," Lloyd said bleakly.

"After the Circuit Court turns us down, I'll petition to be heard by the Supreme Court. I expect to be turned down on the same day."

Devins stopped and lit a cigarette.

"Then what?" Lloyd asked.

"Then?" Devins asked, looking mildly surprised and exasperated at Lloyd's continuing stupidity. "Why, then you go on to Death Row at state prison and just enjoy all that good food until it's time to ride the lightning. It won't be long."

"They wouldn't really do it," Lloyd said. "You're just trying to scare me."

"Lloyd, the four states that have the Capital Crimes Circuit Court do it all the time. all the time. So far, forty men and women have been executed under the So far, forty men and women have been executed under the Markham Markham guidelines. It costs the taxpayers a little extra for the added court, but not all that much, since they only work on a tiny percentage of first-degree murder cases. Also, the taxpayers really don't mind opening their pocketbooks for capital punishment. They guidelines. It costs the taxpayers a little extra for the added court, but not all that much, since they only work on a tiny percentage of first-degree murder cases. Also, the taxpayers really don't mind opening their pocketbooks for capital punishment. They like like it." it."

Lloyd looked ready to throw up.

"Anyway," Devins said, "a DA will only try a defendant under Markham Markham guidelines if he looks completely guilty. It isn't enough for the dog to have chicken feathers on his muzzle; you've got to catch him in the henhouse. Which is where they caught you." guidelines if he looks completely guilty. It isn't enough for the dog to have chicken feathers on his muzzle; you've got to catch him in the henhouse. Which is where they caught you."

Lloyd, who had been basking in the cheers from the boys in Maximum Security not fifteen minutes ago, now found himself staring down a paltry two or three weeks and into a black hole.

"You scared, Sylvester?" Devins asked in an almost kindly way.

Lloyd had to lick his lips before he could answer. "Christ yes, I'm scared. From what you say, I'm a dead man."

"I don't want you dead," Devins said, "just scared. If you go into that courtroom smirking and swaggering, they'll strap you in the chair and throw the switch. You'll be number forty-one under Markham. Markham. But if you listen to me, we might be able to squeak through. I don't say we will; I say we might." But if you listen to me, we might be able to squeak through. I don't say we will; I say we might."

"Go ahead."

"The thing we have to count on is the jury," Devins said. "Twelve ordinary shleps shleps off the street. I'd like a jury filled with forty-two-year-old ladies who can still recite off the street. I'd like a jury filled with forty-two-year-old ladies who can still recite Winnie the Pooh Winnie the Pooh by heart and have funerals for their pet birds in the back yard, that's what I'd like. Every jury is made very aware of by heart and have funerals for their pet birds in the back yard, that's what I'd like. Every jury is made very aware of Markham's Markham's consequences when they're empaneled. They're not bringing in a verdict of death that may or may not be implemented in six months or six years, long after they've forgotten it; the guy they're condemning in June is going to be pushing up daisies before the All-Star break." consequences when they're empaneled. They're not bringing in a verdict of death that may or may not be implemented in six months or six years, long after they've forgotten it; the guy they're condemning in June is going to be pushing up daisies before the All-Star break."

"You've got a hell of a way of putting things."

Ignoring him, Devins went on: "In some cases, just that knowledge has caused juries to bring in verdicts of not guilty. It's one adverse result of Markham. Markham. In some cases, juries have let blatant murderers go just because they didn't want blood that fresh on their hands." He picked up a sheet of paper. "Although forty people have been executed under In some cases, juries have let blatant murderers go just because they didn't want blood that fresh on their hands." He picked up a sheet of paper. "Although forty people have been executed under Markham, Markham, the death penalty has been asked for under the death penalty has been asked for under Markham Markham a total of a total of seventy seventy times. Of the thirty not executed, twenty-six were found 'not guilty' by the empaneled juries. Only four convictions were overturned by the Capital Crimes Circuit Courts, one in South Carolina, two in Florida, and one in Alabama." times. Of the thirty not executed, twenty-six were found 'not guilty' by the empaneled juries. Only four convictions were overturned by the Capital Crimes Circuit Courts, one in South Carolina, two in Florida, and one in Alabama."

"Never in Arizona?"

"Never. I told you. The Code of the West. Those five old men want your ass nailed to a board. If we don't get you off in front of a jury, you're through. I can offer you ninety-to-one on it."

"How many people have been found not guilty by regular court juries under that law in Arizona?"

"Two out of fourteen."

"Those are pretty crappy odds, too."

Devins smiled his wolfish smile. "I should point out," he said, "that one of those two was defended by yours truly. He was guilty as sin, Lloyd, just like you are. Judge Pechert raved at those ten women and two men for twenty minutes. I thought he was going to have apoplexy."

"If I was found not guilty, they couldn't try me again, could they?"

"Absolutely not."

"So it's one roll, double or nothing."

"Yes."

"Boy," Lloyd said, and wiped his forehead.

"As long as you understand the situation," Devins said, "and where we have to make our stand, we can get down to brass tacks."

"I understand it. I don't like it, though."

"You'd be nuts if you did." Devins folded his hands and leaned over them. "Now. You've told me and you've told the police that you, uh ..." He took a stapled sheaf of papers out of the stack by his briefcase and riffled through them. "Ah. Here we are. 'I never killed nobody. Poke did all the killing. Killing was his idea, not mine. Poke was crazy as a bedbug and I guess it is a blessing to the world that he has passed on.' "

"Yeah, that's right, so what?" Lloyd said defensively.

"Just this," Devins said cozily. "That implies you were scared scared of Poke Freeman. Were you scared of him?" of Poke Freeman. Were you scared of him?"

"Well, I wasn't exactly-"

"You were afraid for your life, in fact."

"I don't think it was-"

"Terrified. Believe it, Sylvester. You were shitting nickels."

Lloyd frowned at his lawyer. It was the frown of a lad who wants to be a good student but is having a serious problem grasping the lesson.

"Don't let me lead you, Lloyd," Devins said. "I don't want to do that. You might think I was suggesting that Poke was stoned almost all the time-"

"He was! We both both was!" was!"

"No. You You weren't, but weren't, but he he was. And he got crazy when he got stoned-" was. And he got crazy when he got stoned-"

"Boy, you're not shitting." In the halls of Lloyd's memory, the ghost of Poke Freeman cried Whoop! Whoop! Whoop! Whoop! merrily and shot the woman in the Burrack general store. merrily and shot the woman in the Burrack general store.

"And he held a gun on you at several points in time-"

"No, he never-"

"Yes he did. You just forgot for a while. In fact, he once threatened to kill you if you didn't back his play."

"Well, I had a gun-"

"I believe," Devins said, eyeing him closely, "that if you search your memory, you'll remember Poke telling you that your gun was loaded with blanks. Do you remember that?"

"Now that you mention it-"

"And nobody was more surprised than you when it actually started firing real real bullets, right?" bullets, right?"

"Sure," Lloyd said. He nodded vigorously. "I bout damn near had a hemorrhage."

"And you were about to turn that gun on Poke Freeman when he was cut down, saving you the trouble."

Lloyd regarded his lawyer with dawning hope in his eyes.

"Mr. Devins," he said with great sincerity, "that's just the way the shit went down."

He was in the exercise yard later that morning, watching a softball game and mulling over everything Devins had told him, when a large inmate named Mathers came over and yanked him up by the collar. Mathers's head was shaved bald, a la Telly Savalas, and it gleamed benignly in the hot desert air.

"Now wait a minute," Lloyd said. "My lawyer counted every one of my teeth. Seventeen. So if you-"

"Yeah, that's what Shockley said," Mathers said. "So, he told me to-"

Mathers's knee came up squarely in Lloyd's crotch, and blinding pain exploded there, so excruciating that he could not even scream. He collapsed in a hunching, writhing pile, clutching his testicles, which felt crushed. The world was a reddish fog of agony.

After a while, who knew how long, he was able to look up. Mathers was still looking at him, and his bald head was still gleaming. The guards were pointedly looking elsewhere. Lloyd moaned and writhed, tears squirting out of his eyes, a redhot ball of lead in his belly.

"Nothing personal," Mathers said sincerely. "Just business, you understand. Myself, I hope you make out. That Markham Markham law's a bitch." law's a bitch."

He strode away and Lloyd saw the door-guard standing atop the ramp in the truck-loading bay on the other side of the exercise yard. His thumbs were hooked in his Sam Browne belt and he was grinning at Lloyd. When he saw he had Lloyd's complete, undivided attention, the door-guard shot him the bird with the middle fingers of both hands. Mathers strolled over to the wall, and the door-guard threw him a pack of Tareytons. Mathers put them in his breast pocket, sketched a salute, and walked away. Lloyd lay on the ground, his knees drawn up to his chest, hands clutching his cramping belly, and Devins's words echoed in his brain: It's a tough old world, Lloyd, it's a tough old world. It's a tough old world, Lloyd, it's a tough old world.

Right.

CHAPTER 25.

Nick Andros pushed aside one of the curtains and looked out into the street. From here, on the second story of the late John Baker's house, you could see all of downtown Shoyo by looking left, and by looking right you could see Route 63 going out of town. Main Street was utterly deserted. The shades of the business establishments were drawn. A sick-looking dog sat in the middle of the road, head down, sides bellowsing, white foam dripping from its muzzle to the heat-shimmering pavement. In the gutter half a block down, another dog lay dead.

The woman behind him moaned in a low, guttural way, but Nick did not hear her. He closed the curtain, rubbed his eyes for a moment, and then went to the woman, who had awakened. Jane Baker was bundled up with blankets because she had been cold a couple of hours ago. Now sweat was streaming from her face and she had kicked off the blankets -he saw with embarrassment that she had sweated her thin nightgown into transparency in some places. But she was not seeing him, and at this point he doubted her seminakedness mattered. She was dying.

"Johnny, bring the basin. I think I'm going to throw up!" she cried.

He brought the basin out from under the bed and put it beside her, but she thrashed and knocked it onto the floor with a hollow bonging sound which he also couldn't hear. He picked it up and just held it, watching her.