Chapter 39: The Game – Summary and Analysis
⚠️ Spoiler Warning: This guide contains detailed spoilers for the entire novel. Proceed only if you've finished reading or are comfortable knowing the plot.
Summary
After Jackdorp’s halting redirect of Dr. Rogers, the prosecution rests its case. Judge Carrington releases the jury and announces that afternoon she will hear the customary motions. Rusty meets Aaron in the lockup, where Aaron admits that Mae’s suicide threat during a phone call might be true, and he feels partly responsible for hanging up on her. Rusty presents the strategic options: moving for a mistrial or going to verdict. Susan initially argues for a mistrial, but Rusty advises going forward with the current jury given the risks of a retrial. Aaron agrees but insists he still wants to testify. Rusty delays that decision, hinting that Susan may have game-changing evidence. Later, Susan texts Rusty to go easy on the mistrial motion because she has discovered something that suggests Aaron’s innocence.
Key Events
- Jackdorp rests the prosecution’s case after a weak redirect of Dr. Rogers.
- Judge Carrington schedules afternoon motions and warns the defense must present evidence tomorrow if any.
- Rusty confers with Aaron in the lockup about Mae’s possible suicide.
- Aaron reveals he hung up on Mae when she threatened suicide on September 14.
- Rusty explains the pros and cons of moving for a mistrial.
- Aaron chooses to go forward with the trial and repeats his desire to testify.
- Susan texts Rusty to avoid a mistrial, stating “He’s innocent.”
Character Development
- Rusty Sabich grapples with the weight of making decisions that affect Aaron’s life, contrasting his past as a judge with his current role as defense attorney. He oscillates between doubt and hope, particularly regarding Bea’s potential involvement.
- Aaron shows emotional vulnerability and acceptance of Mae’s suicide possibility, indicating growth in processing the case. His guilt over the phone call makes his version of events more credible.
- Susan‘s confidence grows, as evidenced by her urgent text and change of heart about the mistrial strategy.
Themes, Symbols, or Motifs
- The game of trial strategy: The chapter title “The Game” reflects the tactical decisions lawyers make, balancing risks and advantages in the courtroom.
- Responsibility and guilt: Aaron’s guilt over Mae’s death parallels Rusty’s responsibility for his client’s fate; both characters carry moral burdens.
- Innocence emerging: Susan’s cryptic message suggests new evidence that could vindicate Aaron, shifting the narrative from presumption of guilt to possibility of innocence.
Why This Chapter Matters
This chapter is pivotal as the prosecution rests and the defense must decide its course. Aaron’s admission about the phone call adds credibility to his version of events, while Susan’s revelation sets up a potential turning point in the trial. The strategic debate over mistrial versus verdict highlights the high-stakes nature of criminal defense and the delicate balance between risk and reward.
Study Questions and Answers
1. Why does Rusty advise against pushing hard for a mistrial, despite Susan’s initial preference? Rusty believes the current jury is favorable – it includes three people of color and someone who knows Susan – and a retrial could bring a less sympathetic panel, better-prepared prosecution, and loss of surprise advantages.
2. What does Aaron’s reaction to Mae’s suicide threat reveal about his character? It shows his guilt and regret over hanging up on her, and his acceptance that she may have killed herself, which makes his story about the phone call more credible and reveals his capacity for self-reflection.
3. How does Susan’s final text change the defense strategy? It indicates she has discovered evidence of Aaron’s innocence, making a mistrial less desirable because they want a verdict of acquittal from this jury rather than risking a retrial where that evidence might be less effective.