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The trial begins, and everyone is present, including Mercer, Thomas, Gifford, and Bruce. Steven represents Lovely, while Monty Martin is the trial lawyer for Tidal Breeze, and Evan Killebrew, an assistant Attorney General, represents the state of Florida. Lovely waits in “glorious splendor.” Judge Burch introduces the case and notes that there is no jury according to Florida law for title cases. Steven starts the opening remarks, saying that representing Lovely is the highlight of his career. He describes Dark Isle’s history and argues that it belongs to Lovely, the last descendant of its self-emancipated inhabitants. Killebrew claims that Dark Isle is an abandoned island and that the law ordains it as belonging to the state of Florida. He emphasizes the lack of legal proof of Lovely’s ownership, noting that she left Dark Isle many years ago. Monty argues that no proof exists that Lovely ever lived on Dark Isle and that her book is like a novel and has a “fictional ring to it” (240). He reiterates that the island belongs to the state. Finally, Steven calls Lovely as the first witness.
Lovely tells her story and talks about the harsh life on Dark Isle, responding to Steven’s questions. When Steven asks that Lovely’s memoir be admitted as evidence, Monty contests its validity. Lovely argues that she authored the book to preserve the island’s history and the memory of her ancestors because people are unwilling to talk about the history of the enslaved. She describes her writing and publication process and explains that after most people died, her family had little food, so they moved away but that she continued to visit the island over the years to tend to the cemetery.
During lunch break, the group agrees that Lovely is “unflappable”; Diane and Steven rigorously prepared her for the trial, rehearsing her testimony. The trial continues in the early afternoon, and Lovely explains what happened with the DNA tests and the cemetery. Steven presents a letter Lovely wrote to the Florida Park Service in 1990, suggesting that Dark Isle would be an ideal memorial. She received no response. After she wrote a second letter, they responded that the island would be considered for a park in the future. Steven provides more evidence, presenting old checks that Lovely sent to the tax assessor to pay for Dark Isle as her property. The first check was in 1964 and the last in 2005. The tax assessor repeatedly declined her payments. Lovely sent the money so that the state wouldn’t foreclose on the island.
Monty tries to confuse Lovely, asking her who prompted her to file a lawsuit, implying that Steven and his friends had influenced her to stop Panther Cay. He then interrogates her about the discrepancies in her memoir. She explains that she relies on the oral stories of her ancestors. Her people didn’t receive proper education because the state never cared about them. Even her later school at The Docks, an all-Black school, was poorly equipped. She sarcastically comments that the state claims ownership of the island after ignoring it for years. Monty fumbles after her response, feeling bad. Lovely speaks about Nalla’s curse, saying that it was the reason that white men died after visiting the island. She notes that she lifted the curse.
Everyone admires Lovely’s performance during the testimony. Dr. Sargent, one of the archaeologists also testifies, talking about the expedition. He argues that Hurricane Leo was mostly responsible for the degraded DNA samples. Surprisingly, Herschel’s son calls Diane, saying that his father remembered Lovely after Diane’s visit and wants to testify. Despite his difficulty speaking, Herschel recalls taking Lovely on his boat to visit Dark Isle. A few other witnesses, all working on jobs at sea, know that the island was deserted for years.
The lawyers make the closing remarks, reiterating their arguments. Judge Burch congratulates them and says he’ll render a decision within 30 days.
Lovely is on the front page of The New York Times in a story by Gifford’s friend Thalia Chan. The article refers to Tidal Breeze as a “slash-and-burn developer” (266) and emphasizes the importance of efforts to preserve African burial sites. The archaeologists consider Dark Isle a monument to the history of enslavement. Race becomes a key factor in the article as it quotes three Black congressmen and the executive director of the National Association for the Advancement of Colored People (NAACP) in Florida promising to take action.
Mercer writes fast after the story becomes a national issue. She worries that publicity about the case might diminish interest in her book. She advises Miss Naomi to ask Lovely to avoid talking to reporters. Gifford confesses that he galvanized his friend to pen the article, and Bruce orders more copies of Lovely’s memoir because it sold out. Steven is still concerned about the judge’s decision but is certain that Tidal Breeze can’t survive the backlash. He argues that Lovely wins anyway because the federal court won’t allow the destruction of a “historic burial ground” (268).
Diane receives Judge Burch’s five-page opinion, which states that Lovely Jackson has proved her ownership claims and is confirmed as the “sole owner” of Dark Isle. Bruce organizes a party and a new signing for Lovely.
Monty, Tidal Breeze’s lawyer, releases a statement about his disappointment regarding the decision, claiming that Tidal Breeze will appeal shortly and won’t abandon the Panther Cay plans. Wilson Larney talks with his advisor, who says their chances to succeed on appeal are low. Wilson is concerned about the backlash against the corporation.
Lovely makes a statement to The New York Times, expressing relief that her ancestral land will be protected and noting her hopes that the state will build a memorial. Steven adds that the state avoided an “environmental disaster.” Tidal Breeze issues a statement announcing its withdrawal from Panther Cay to honor the memory of the enslaved people of Dark Isle.
Mercer’s editor gives her a deadline for the draft. Meanwhile, Diane tries to promote Steven’s organization; she succeeds in fundraising and develops an idea to found a nonprofit organization for the Dark Isle memorial. Soon, she establishes the Nalla Foundation and works hard to promote it. Lovely gives some interviews that raise interest in the foundation.
On a visit to Lovely’s house, Diane notices that Lovely’s speech is disrupted, and Lovely complains of a headache. Miss Naomi says it has been happening for a week but that Lovely doesn’t want to see a doctor. Worried, Diane asks her to call if anything happens.
Mercer writes rigorously, and Thomas offers advice. She asks for Diane’s comments. Meanwhile, Gifford receives compensation from Old Dunes, half of which he grants to the Nalla Foundation.
Diane persuades Lovely to write a will, and she leaves her belongings to Miss Naomi. In addition, she signs a deed, granting Dark Isle to the Nalla foundation. While Diane is in Washington for meetings, Miss Naomi calls, saying that Lovely had a stroke and is in the hospital. Diane soon returns to Camino Island. According to the doctor, Lovely had several mini-strokes, and a serious stroke is imminent. Nevertheless, Lovely feels better and wants to go home.
Months pass, and Mercer’s book, The Passage is ready for publication. She and Thomas return to Camino Island for Christmas break. At the bookstore, they meet Bruce, who says that Mercer’s editor thinks the book’s first printing will be up to 100,000 copies. Mercer is stunned.
After raising adequate funds, Diane proceeds with the Dark Isle memorial. The Nalla Foundation consumes her time, and she abandons her dream of a career in environmental law. She leaves Steven’s nonprofit organization and appoints him, Mercer, Thomas, Gifford, and Miss Naomi to the Nalla Foundation’s board of directors. Diane expects that funds will increase after Mercer publishes her book, The Passage. The book receives rave reviews, and its printing quickly resumes.
Bruce demands that Mercer throw a launch party at the amphitheater on Camino Island. A huge crowd is present at the event, and though Mercer is the evening’s honoree, she calls Lovely up to the stage. Lovely thanks Mercer, Bruce, and Diane and then reads an excerpt from her memoir about Nalla’s arrival on Dark Isle.
Mercer, Thomas, Diane, and Lovely fly to Washington, DC, for a reading. Lovely seems dazed. The event is a sellout, and Mercer and Lovely appear together on stage. The following day, they give interviews. After the trip, the group returns home.
The digging on Dark Isle progresses, and the archaeologists start clearing the cemetery. The team remains safe. Diane accompanies Lovely twice to the island to oversee the process. Lovely takes photos and chats with the team. She asks Diane if she can be buried with her ancestors.
The Passage is #4 on the nonfiction bestseller list, and Mercer works hard on her book tour. At three weeks, it rises to #2. She spends July 4 on Camino Island with Diane, Lovely, and Bruce, and in the next few weeks of her tour, the book becomes #1. In her author’s note, Mercer thanks Lovely for allowing her to borrow her story and writes about the Nalla Foundation. Her book helps increase the funds.
One early morning during Mercer’s tour, Diane calls to say that Lovely is in the hospital again. Two days later, she’s partly paralyzed. Soon, she goes to a rehab facility and then to an assisted living house on Camino Island. Mercer returns to the island and visits Lovely with Bruce. Mercer spends time with her before returning to Ole Miss. She cries on her way home, feeling this is their final encounter. Days later, at age 82, Lovely dies.
Lovely’s body is cremated and placed in an African vase. Two months later, Mercer and Diane go to Dark Isle on a secret mission to bury Lovely’s cremains in the cemetery, fulfilling her last wish to rest “with Nalla close by” (292).
Lovely’s trial thematically highlights The Cultural Power of Storytelling as Lovely’s life story counters Tidal Breeze’s attempts to discredit her and the state lawyers launch additional accusations about imaginary parts of her memoir, emphasizing the need for legal proof and law processes. Lovely is “proud” and “regal” as she rises to testify, describing Dark Isle and her life’s story. She recalls her memories of the island’s cemetery, highlighting its historical significance and as proof of her community’s history and existence. Despite the lack of legal proof of her ownership claims, Lovely’s memoir is the key to the trial’s outcome, becoming a testament to Dark Isle’s history. Lovely explains that she wrote the memoir “to preserve the story of Dark Isle from the time [her] ancestors arrived from Africa” (242). This emphasis on her desire to record how her ancestors “suffered” and “survived” conveys the significance of Black history in the courtroom while revealing the ignorance of her adversaries.
Lovely’s memoir is also represented as a historical and cultural text, advancing the theme of Reckoning with the Dark Historical Past as Lovely’s indicts society’s resistance to confronting the traumatic impact of enslavement. Lovely notes that the history of enslavement “has not been taught,” because “people don’t want to talk about what happened” (242). She continually refers to her experiences of discrimination and marginalization, emphasizing that the state didn’t care about her people or the island. Because Lovely’s story describes the reality of Black people’s struggles, suffering, and resilience, her narrative prevails over Tidal Breeze, exemplifying the willful ignorance of Black people’s history. Ultimately, Mercer’s novel, The Passage, becomes part of this historical reckoning, revealing the importance of reconsidering and confronting painful historical truths in the present.
In this context, the motif of law and justice encompasses social commentary: The novel extends beyond the boundaries of the traditional legal thriller, highlighting the courtroom as a space to fight for social justice. Thus, Lovely’s claim to ownership of Dark Isle also affirms her history and identity. Steven’s defense explaining Lovely’s efforts to protect the island against environmental exploitation and cultural erasure emphasizes that the courtroom is a place where marginalized communities can claim their humanity. Lovely’s win in the case indicates the potential for the legal system to dismantle or sustain injustice, emphasizing the pervasive influence of legal structures on all levels of society.
The results of the trial thematically resolve The Conflict Between Development and Preservation when Lovely wins the trial and the issue of protecting Dark Isle as cultural heritage becomes a topic of debate. After Gifford’s friend, a journalist with the New York Times, pens an article about a “rich white corporation” claiming “historically significant land” formerly owned by self-emancipated people, the story becomes “viral,” soliciting a powerful social response. This becomes crucial to Tidal Breeze’s loss because it juxtaposes the corporation’s land exploitation mentality against Lovely’s views on land preservation. While Lovely claimed ownership of Dark Isle throughout the years, attempting to pay taxes but being ignored by the state, her requests involved the idea of a memorial to honor her ancestors. The concept of a memorial illustrates a positive aspect of land development that respects a place’s natural environment and cultural history. Exemplifying this approach is Diane’s new nonprofit, Nalla Foundation, which dramatically contrasts Tidal Breeze’s Panther Cay. As Tidal Breeze withdraws its development plans amid increasing backlash, the Nalla Foundation works to ensure the preservation of Dark Isle. While the foundation plans to develop part of the island for tourism, it does so to promote Dark Isle’s cultural and environmental preservation, not to profit. Ultimately, the memorial helps battle cultural erasure, commemorate a shared traumatic past, and promote possibilities for collective healing.



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