The Runaway Jury

John Grisham

70 pages 2-hour read

John Grisham

The Runaway Jury

Fiction | Novel | Adult | Published in 1996

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Chapters 33-43Chapter Summaries & Analyses

Content Warning: This section of the guide includes discussion of illness, death, addiction, substance use, pregnancy termination, and emotional abuse.

Chapter 33 Summary

Hoppy tells Millie about the bribery and the FBI during their conjugal visit. Millie is upset, as she wants to side with the plaintiff, but Hoppy tells her that he’ll go to jail if she doesn’t side with the defense, even upping the manipulation by claiming that he considered suicide when the FBI agents first mentioned prison. Millie cries helplessly.


Fitch opens an account in the bank that Marlee specified and sends the $10 million from The Fund, replenished by infusions from the Big Four CEOs. Marlee calls and confirms that the wire went through. She instructs Fitch to fax confirmation to the Siesta Inn without the account numbers so that Nicholas can see it. Fitch sends the fax and then goes for a walk. Though he initially feels certain about the trial, he gets nervous about Marlee’s unknown past.


Derrick arrives at Cable’s law office and walks up to reception. He becomes nervous, as he’s the only Black man in the building. He mistakenly asks the receptionist for Mr. Gable, and she tells him that there is no Mr. Gable in the building. Derrick is afraid of going to jail for bribery, so he leaves to go see Angel.


Millie struggles to sleep, so she goes to the party room. She finds Nicholas sitting alone, and feeling as though she can trust him, she breaks down and tells him about the situation with Hoppy. Nicholas suspects that it’s a scam, but he listens to Millie intently. Afterward, he returns to his room, where he calls Marlee and tells her everything. Marlee begins looking into the names Napier, Nitchman, and Cristano.

Chapter 34 Summary

When the trial resumes on Saturday, Cable decides to call Dr. Olney, a researcher who studied mice by exposing them to cigarette smoke. None of his mice developed lung cancer. Many of the juror’s families watch the trial, including Hoppy; Derrick; Rikki’s husband, Rhea; Gladys’s husband, Nelson; Herman’s wife; and Loreen’s teenage daughters. Taunton also attends, watching Lonnie carefully.


Claire’s old friend Beverly wakes up after a night of using drugs and alcohol. She thinks back to another friend from Kansas named Phoebe, who once claimed to know secrets from Claire’s past. Beverly plots how to track down Phoebe and get the information for Swanson for more money.


One of Fitch’s investigators finds that Claire did not exist prior to popping up in Kansas, meaning that she changed her name in another state. Jeff was not secretive until he met Claire, as his trail to Kansas is clear. Fitch tells the investigators to keep looking.


Marlee researches the FBI agents that Hoppy met with. She finds no one who works in the government by those names. She hires an investigator to look into them. Fitch meets with Marlee and gives her the information about Rikki’s abortion. Fitch asks about Herman, suggesting that Marlee bump him off the jury. Marlee says that she’ll think about it before ending the meeting. Marlee calls the FBI, pretending to work for Hoppy, and reports that two men claiming to be FBI agents are harassing her boss. The FBI gives her the number of a local agent in Biloxi named Madden. Madden has the flu but still takes Marlee’s call. Madden confirms that there are no FBI agents named Napier or Nitchman investigating Jimmy Hull Moke. He asks to meet with Hoppy and the purported FBI agents, and Marlee states that she’ll set up a meeting.


The defense rests on Saturday afternoon. The jury gets Sunday off before hearing closing arguments on Monday.

Chapter 35 Summary

The male jurors attend a high school football game on their day off. After the game, Hoppy visits Millie. Nicholas sneaks into their room to talk to them about their situation. Nicholas tells Hoppy that he called a reputable source on the outside and confirmed that Hoppy is being scammed, as Napier, Nitchman, and Cristano don’t work for the government, nor is the tape they have of Hoppy and Jimmy Hull Moke admissible in court. It is a ploy to influence Millie’s vote. Hoppy is upset and angry but also relieved.


The jurors are allowed to leave the motel to attend their respective church services. Some attend church, while others just go home to see their families. Hoppy goes to his office and calls Napier, asking to meet him and Nitchman for a status report. Napier and Nitchman go to his office, and Hoppy pretends that Millie is pushing for a verdict in favor of the defense. They are interrupted by Agent Madden, whom Hoppy knew was coming. Madden arrests Napier and Nitchman, who admit to using fake names and impersonating FBI agents while working for an unspecified firm in Washington, DC. Madden deems the offense to be minor, so he drives Napier and Nitchman across the border to Alabama and tells them not to return to Mississippi.


Fitch meets with Napier and Nitchman and hears the report of what happened. Fitch is enraged and thinks that only Marlee can salvage the situation.

Chapter 36 Summary

When Beverly calls Phoebe, Phoebe states that she also received a phone call from a man claiming to be Jeff Kerr. Beverly and Phoebe compare notes about their interactions with Swanson. Beverly calls back later and pretends that she parted on bad terms with Claire and is looking for her to apologize. Phoebe confirms that Claire is not her real name and that her birth name was Gabrielle Brant. Gabrielle was from Columbia, Missouri. Her father is dead, and her mother was a university professor in Columbia. Beverly calls Swanson and offers him the information for more money.


Marlee meets Fitch again and discusses the trial. Fitch tells Marlee the truth about the scam with Hoppy. Marlee assures Fitch that Nicholas can get a unanimous jury in favor of the defense. Fitch feels less stress. Meanwhile, the lawyers for both sides practice their closing arguments. Fitch goes to the beach house to speak to the CEOs of the Big Four and tells them that he has purchased the verdict for $10 million, though he doesn’t specify how he’s obtaining it.

Chapter 37 Summary

On Sunday night, the mood of the sequestered jury is light, as they believe that the trial will end on Monday. Millie thinks that she should recuse herself from the trial, but Nicholas advises her to stay, as more juror dismissals could result in a mistrial.


Derrick meets Cleve and receives $15,000 in bribery money for Angel’s vote and the other votes she can secure. Derrick gambles $4,000 of the money away in a casino while becoming increasingly intoxicated. He is arrested for drunk driving, and the police confiscate the rest of the money. Derrick wakes up in jail and needs to call Angel before she arrives at court. Derrick’s brother bails him out, and Derrick tries to sneak into Angel’s motel room. A deputy catches Derrick and arrests him again. Meanwhile, Swanson arranges to meet with Beverly to obtain the information about Claire.

Chapter 38 Summary

Nicholas drugs Herman’s coffee with a pill that will make him ill for a few hours while Mrs. Grimes makes Herman’s breakfast tray. Herman, the most honest juror, is being bumped. A little later, Herman begins complaining about agonizing stomach pain. Nicholas tells Rikki that Herman is having a heart attack, as he had one year prior. Herman is taken to the hospital, and Lou Dell calls Harkin to inform him that another juror is out of commission.


Swanson waits for Beverly, but she doesn’t show up. He calls her roommate, who doesn’t know where Beverly is. Beverly shows up late, accompanied by a tattooed man and under the influence of drugs and alcohol. She demands the money and tells Swanson that Claire’s real name is Gabrielle Brant and that she’s from Columbia, Missouri, where her mother teaches at the university. Swanson gives her $4,000 and leaves.


Harkin refuses to declare a mistrial despite Herman’s heart attack. Shine Royce takes Herman’s spot. Rohr completes his closing arguments, pushing hard on the ideas of nicotine addiction and advertising aimed at youths before making an emotional appeal about Celeste Wood losing her husband. He doesn’t specify a number that the jury should award Celeste, but he does state that Pynex is worth $800 million. Cable gives his closing remarks and pushes the jury to focus on facts instead of emotion.


Marlee calls Fitch and tells him to wire the $10 million to a bank in Panama by 12:30 pm, or she’ll have Nicholas change course. Fitch wires the money, and Marlee confirms to Nicholas that the money made it. Meanwhile, Swanson calls Fitch and tells him that he’s on his way to Missouri to investigate Gabrielle Brant.

Chapter 39 Summary

The jury needs a new foreman after Herman’s heart attack. The group elects Nicholas. Though some of the jurors, like Lonnie, want to vote without reviewing the documents, Nicholas convinces the group to divide up the documents and skim them before having a discussion.


Marlee arrives in Grand Cayman with a Canadian passport under the alias Lane MacRoland. She arrives at her bank and checks in with a man named Marcus. She starts by using the $10 million wired from Fitch to short sell 50,000 shares of Pynex (“short selling” means selling borrowed shares, waiting for the price to fall, and then buying them back and returning them to their owner, thus netting a profit). She then short sells 30,000 shares of Trellco, then 40,000 shares of Smith Greer, then 60,000 more shares of Pynex, then 30,000 more shares of Trellco, and then 50,000 more shares of Smith Greer. The Pynex stocks dips before righting itself again. Marlee has Marcus sell another 50,000 shares of Pynex. Marcus tells Marlee that she’s sold $22 million in stock and that he’d have to check with his supervisor to sell any more. Marlee goes to leave and tells Marcus to tell his other clients to short their tobacco shares, as their value will fall tomorrow.


The operative that Fitch sends to investigate Gabrielle Brant and her mother in Columbia find that Gabrielle’s mother was named Evelyn Brant; she died in 1987 of lung cancer. When they dig further, they find that Gabrielle’s father was named Peter Brant and that he also died of lung cancer. Swanson calls Fitch and tells him about Marlee’s past. Fitch doesn’t know how to stop the trial, as the jury is already deliberating. He shouts at everyone to find Marlee.

Chapter 40 Summary

The jury begins their debate. Nicholas asks who thinks cigarettes cause lung cancer. All 12 raise their hands. Rikki then asks who thinks nicotine is addictive. All 12 raise their hands again. The group continues to review the materials, arguing about whether tobacco companies advertise directly to children. Though the findings from Dr. Sprawling-Goode state that tobacco companies do not advertise directly to youths, Rikki reminds everyone that all the smokers on the jury began smoking as early teenagers. Lonnie remarks that they all quit, though.


The jury then argues about what they think overall, as Lonnie is pushing to vote. Lonnie takes the defense’s side, arguing that cigarettes are bad but that people have the right to choose what they put in their bodies. Angel shares her story about starting to smoke when she was 13 because of an ad she saw. Loreen says that her teen daughter started smoking after she bought cigarettes from a vending machine in the mall, a place where teens hang out. The group then debates the difference between cigarettes and alcohol, as both are heavily advertised and addictive and have negative health outcomes. Phillip finally pipes up and says that he believes in choice and people’s right to choose. Henry says that he’s still thinking. Nicholas dictates that they need to keep reviewing the documents for 30 more minutes before they start voting.


Harkin calls in the jury and talks to Nicholas as the new foreman. He asks Nicholas if he thinks the jury will have a verdict that day, and Nicholas believes they will.

Chapter 41 Summary

After dinner, the jury begins voting. Nicholas asks the jury to vote liability first, asking who thinks they should hold Pynex liable for Jacob Wood’s death. Rikki, Millie, Loreen, and Angel vote yes, while Lonnie, Philip, and Gladys vote no. The rest are uncertain. The group asks Nicholas what he thinks, and Nicholas’s moment has finally come. He tells the group that cigarettes are dangerous and deadly, that the world would be better if tobacco companies sold less nicotine, and that cigarettes killed Jacob. Nicholas encourages the group to stick it to the ruthless tobacco companies.


The group is split. Lonnie and Philip refuse to make Pynex liable for Jacob’s death. The rest of the group then begin arguing about the amount of money to award the plaintiff. Nicholas argues that they should make the amount $1 billion to send a message to the tobacco industry and work toward eradicating cigarettes. Some of the jurors seem uncertain about awarding that amount of money to Celeste, so Jerry suggests that everyone write down their proposed number on a piece of paper. Then, they’ll add the numbers and divide by 10 to get an average. The averaged number is $385,900,000. The 10 jurors agree to round up to $402,000,000. Before they go tell Harkin that they’ve reached a verdict, Lonnie pulls Nicholas aside and asks him to keep his name out of the verdict. Nicholas tells Lonnie that Harkin will ask them each to confirm the verdict, giving Lonnie a moment to voice his disagreement.

Chapter 42 Summary

Lou Dell takes a note from Nicholas to Harkin that requests a deputy to escort Nicholas out of the courthouse after the verdict, with Nicholas stating that he’s afraid but will explain why later. At eight o’clock, the jury enters the courtroom. Nicholas reads the verdict, awarding $2 million in compensatory damages, which alone makes history in a case against a tobacco company, followed by $400 million in punitive damages to Celeste Wood. The defense lawyers are shocked, and Rohr quietly celebrates with Celeste, who cries silently.


Harkin polls the jury, asking each of them if they agreed with the verdict. All say yes, with the exception of Lonnie, Phillip, and Gladys. The verdict is 9-3 in favor of the plaintiff. Nicholas doesn’t see Fitch in the courtroom, which makes him nervous. Fitch watches the results from the secret camera in Oliver McAdoo’s briefcase while plotting what to do. He can’t risk kidnapping Nicholas, and if he follows Nicholas to Marlee, he’s not sure what he can do. He can’t turn her in for stealing his money, which was already dirty since he was breaking the law in paying her to influence a jury.


The Sheriff escorts Nicholas to an apartment out of town, where Marlee has stashed a rental car. Nicholas drives to the airport and catches a flight to Grand Cayman to meet Marlee. They reunite, thrilled by their victory. Marlee goes back to the bank to meet with Marcus to repurchase the tobacco company shares that she sold to complete the short-selling process. She nets $8 million, minus Marcus’s commission. She instructs Marcus to wire the money to a bank in Switzerland. Marlee and Nicholas then fly first-class to Miami, then Amsterdam, and then Geneva, where they rent a hotel suite for a month.

Chapter 43 Summary

Fitch returns home to Arlington, Virginia, after the verdict. His future with The Fund is in doubt, but his firm has enough non-tobacco work to stay busy. He meets with Vandemeer and Jankle and tells them the truth about the Marlee debacle. Fitch meets with New York lawyers to discuss how to attack the verdict. Herman is releasing his medical records, which show that he did not have a heart attack, making his collapse suspicious. Frank maintains that he did not have the copy of Mogul under his bed, nor is Mogul sold anywhere in Biloxi. Cable is nearly ready to file a motion to interview the jurors to find out what happened in the jury process, which Harkin is okay with. Meanwhile, Rohr and the other plaintiff’s lawyers receive endless calls from other lawyers and potential victims. The Pynex and other tobacco stocks cannot recover from the destruction of the trial.


Six weeks after the trial, Fitch is having lunch when Marlee approaches him. She tells him that she’s wired his $10 million back to his account in the Korean bank. Marlee used the money to short the tobacco shares. After profiting, she now returns the money. She asks Fitch if he figured out her backstory as Gabrielle, and he admits that he did but too late. Marlee shares her pain about her parents’ deaths and reveals that she began hatching her plan to hurt the tobacco industry that she holds responsible while she was in graduate school. Marlee also tells Fitch that she’s watching the appeal process; if the lawyers get carried away attacking the verdict, Marlee will release copies of the wire transfers to illustrate how Fitch tried to buy the verdict. She finishes by telling him that the next time he goes to trial, she and Nicholas will be there.

Chapters 33-43 Analysis

The final chapters of The Runaway Jury tie together the threads of the suspenseful trial that Grisham has constructed. The jury finally deliberates on the case and makes a decision, but this decision-making has been highly influenced from both the inside and the outside, highlighting The Tension Between Influence and Free Will. Over the course of the entire novel, Nicholas works diligently to position himself as a leader of the group, even though he is not made foreman until after Herman’s departure from the jury. When the trial begins to stretch out and the sequestration drags on, Nicholas is happy to see morale become low: “He wanted them fatigued and on the verge of revolt. A mob needs a leader” (386). Nicholas clearly thinks of himself as the leader of the jury, as he hopes to influence his fellow jurors to vote with him. By the time deliberation comes, Nicholas’s influence is all-encompassing. Grisham even uses biblical language to describe Nicholas’s influence, describing the jury as “the chosen twelve—eleven disciples and their master” (451). In describing the jurors as “disciples” and Nicholas as “their master,” Grisham likens Nicholas to Jesus, demonstrating the intensity of his hold over the other jurors.


However, Fitch seeks to do the same through Marlee, who he thinks is convincing Nicholas to vote for the defense. The omniscient narrator slips into Fitch’s perspective to describe his false confidence: “[T]his jury […] belonged to Fitch. This trial was over. For certain, he would skip sleep and sweat bullets until he heard the verdict, but for all practical purposes; the trial was over. Fitch had won again” (392). Before deliberation, Fitch is certain that he’s purchased the jury through Marlee, illustrating his confidence in his desired outcome. Even after Herman’s health episode, he’s certain that Nicholas and Marlee are working for him, thinking, “How in hell do you give someone a heart attack? Was Marlee cold-blooded enough to poison a blind man? Thank God she was on his side” (436). He’s uncertain about Marlee’s level of ruthlessness, but his certainty that she’s working toward his goal demonstrates how thoroughly she has deceived him.


The truth is that the jury manipulation happening on the inside does not match what Fitch assumes is happening from an outsider’s perspective. Nicholas uses his influence in an unexpected way. When the other jurors finally ask Nicholas for his opinion, after weeks of him slowly building rapport with his fellow jurors and dismissing the ones suspicious of him, Nicholas wants to award the plaintiff a huge sum in punitive damages. Knowing that his fellow jurors will negotiate down from whatever sum he names, he opens the negotiation with the impossibly high figure of $1 billion: 


If we’re serious about sending a message to the tobacco industry, then we have to shock them. Our verdict should be a landmark. It should be famous and known from this day forward as the moment the American public, acting through its jury system, finally stood up to the tobacco industry and said, ‘Enough is enough’ (464).


Nicholas’s fervor on behalf of the plaintiff is not entirely unexpected, as Grisham reveals the truth about Marlee/Gabrielle’s parents and her romantic relationship with Nicholas prior to the final deliberation. Nicholas’s suggestion of $1 billion is another tactic of manipulation. By opening the discussion with this shockingly high figure, he makes the eventual award of $400 million seem reasonable by comparison. This number, however, is vastly more than has ever been awarded to a tobacco plaintiff before, creating the landmark decision that Nicholas and Marlee seek.


The Moral Ambiguity of Litigation intersects with the themes surrounding jury influence and manipulation as Fitch seethes after the verdict is read. Fitch has no legal recourse after Marlee’s plan succeeds, as he thinks, “What would Fitch tell the FBI in his sworn affidavit: that he gave her ten million dollars to deliver a verdict in a tobacco trial, and she had the nerve to double-cross him?” (476). Because what Fitch did was morally wrong and illegal in the first place, there is nothing he can do when it backfires and blows up in his face. After spending most of the book building one-sided trust in Marlee, Fitch finally realizes that she played him; for the first time, he’s lost at his own corrupt game.

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