“He said that a septic tank had been installed on the property at one time. But the system failed. That’s when he installed the straight-piping system.”
“In your experience, have septic tank systems been known to fail in this region of Alabama?”
The engineer glanced at the DA. I caught him at it. I pressed closer to the witness stand. “Answer the question, Mr. Lindsey.”
He shrugged. He knew the jig was up. “Yes, they often fail.”
“It’s because of our soil, isn’t it, Mr. Lindsey?”
I’d switched on the lightbulb. The jury knew what I was talking about. Half of them were nodding.
The engineer said, “The soil in the Black Belt region of Alabama—soil that gave the region its name, because the rich, black soil was great for growing cotton. Unfortunately, the dense, claylike soil isn’t conducive to septic systems.”
“What would a septic tank cost that would withstand the soil we have here?”
He stopped to think. Looked off in the distance, calculating a figure. “Three times as much as an ordinary system.”
The witness was telling the truth about that. I’d had the system on my farm replaced a few years back.
“In your experience, the people in the Black Belt who are living without basic sanitation systems—is it because they prefer to be exposed to raw sewage?”
He was quiet for a moment. Maybe I’d shamed him. “No, Your Honor.”
“In your opinion, why have these residents failed to install sanitary systems?”
He shifted uncomfortably in the chair. Maybe he was coming around. “Because they can’t afford the cost.”
“Yes,” I said, placing my hand on my chest and taking a deep breath. We’d solved the puzzle. “They can’t afford to pay for it, because if they could, they would.”
I was on a roll, all fired up. “Anyone who’s lived with these conditions—or had family exposed, had an auntie living in a home where the system failed—knows what we’re talking about. Human waste bubbling up in the sink and into the bathtub when the heavy rains come. Kids can’t play out in the backyard, because the dirt will make them sick. And the smell!”
I was dizzy, just remembering. When I was a child, our septic tank failed. It happened in a bad year, when crops were poor, and we were poorer. The backup got so bad, we couldn’t use indoor plumbing. Had to use the ancient outhouse on the farm. Mama said we were lucky to have it.
The DA was sitting at his counsel table, disgruntled with me for taking over his witness. I figured I had uncovered the necessary information. So I climbed back up to my seat. Nodded at the defense attorney. Frankly, he appeared to be somewhat confused.
“Mr. Rich, you may continue cross-examination of the State’s witness.”
Chuck Rich whispered to his client. Fergus Pitt shook his head. Rich said, “No more questions, Your Honor.”
The State wrapped its case up pretty fast after that. And Chuck Rich put the defendant on to testify on his own behalf. Fergus did a good job of explaining how the system broke down over time. Described his efforts to seek repairs. He’d installed the straight-piping as a last resort, a Band-Aid while he tried to save up moneyto buy a new system, one that would work in Black Belt soil. But saving up thirty thousand dollars was an impossible task for a man whose annual income was around twenty-seven thousand dollars.
“The defense rests,” Chuck Rich said.
“Any rebuttal witnesses for the prosecution?”
“No, Your Honor.” Reeves’s voice was icy.
I shifted in my seat, leaned on my elbow to glare down at the defense attorney. “Does the defense have any motions?”
He was quiet—it worried me for a minute. Then Rich stood up and said, “The defense moves for a judgment of acquittal.”
I waved the attorneys up to the bench. “Please approach.” We’d need to argue the matter outside the hearing of the jury.
We waited for the court reporter to join us, so the discussion would be on the record. As soon as she was settled, the DA said, “I haven’t received a copy of any motion for judgment of acquittal.”
“Not required,” I said. “The motion under Alabama Criminal Rule 20 can be made orally or in writing.” I focused on Chuck Rich. “Mr. Rich, what are the grounds for your motion?”
His brow wrinkled. After a brief pause, he said, “The evidence that the DA presented isn’t sufficient to support a finding of guilt beyond a reasonable doubt.”
