by Jodi Picoult
He’d made it clear that he would not attend the trial. Although the bishop would surely have understood Aaron’s involvement in this particular lawsuit, Aaron could not condone it himself. But maybe there was more to him than I’d thought. Even if his principles kept him from accompanying his daughter to her trial, he would not let her go without a proper good-bye. Coop unrolled the back window so that Aaron could stick his head inside and speak to Katie.
But when he leaned close, all he said, softly, was, “Sarah, komm.”
With downcast eyes, Katie’s mother squeezed her hand and then slipped from the car. She fell into place beside her husband, her eyes bright with tears that she did not let fall even as her husband turned her by the shoulders and led her back to the house.
* * *
Leda was the first one to notice the vans. Sprawled across the parking lot of the superior court, they were crowned with satellite dishes and emblazoned with an alphabet soup of station call letters. Closer to the courthouse was one row of reporters holding microphones and another row of cameramen rolling tape, facing each other as if they were getting ready to do the Virginia reel instead of comment on the fate of a young girl.
“What on earth?” Leda breathed.
“That’s debatable,” I muttered. “Reporters aren’t a human life form.”
Suddenly Coop’s face appeared at my window. “What are they doing here? I thought you won that motion.”
“I got the cameras removed from the courtroom itself,” I said. “Outside is anybody’s turf.” Since the day the judge had ruled, I hadn’t given much thought to the media issue—I’d been too busy trying to create a new defense. But it was naïve to think that just because the cameras would not be present meant that the interest in the story would likewise absent itself. I grabbed my briefcase and got out of the car, knowing that I had about two minutes before everyone realized who I was. Tapping on the rear window of Coop’s car, I pulled Katie’s attention from the knot of press.
“Come on,” I said. “It’s now or never.”
“But—”
“There’s no other way, Katie. Somehow we’re going to have to break right through them to walk up the steps to the courthouse. I know it’s not what you want, and it’s certainly not what I want, but we don’t have a choice.”
Katie closed her eyes briefly before getting out of the car. Praying, I realized, and I wished in vain that she were asking God to make them all come down with a plague. Then, with a grace that belied her age, Katie stepped out and put her hand into mine.
Awareness rolled like a tidal wave as one reporter after another caught sight of Katie’s kapp and apron. Cameras swiveled; questions fell around our feet like javelins. I could feel her wince at each flash; and I thought of Dorian Gray’s portrait, the life draining out. Bewildered, she kept her face tucked down and trusted me to lead her up the stairs. “No comment,” I shouted, parting the reporters like the prow of a great ship, pulling Katie in my wake.
I knew the building well enough after several visits, so I immediately took Katie to the nearest ladies’ room. Checking beneath the stalls to make sure they were empty, I leaned against the door to prevent anyone else coming in. “You’re all right?”
She was shaking, and her eyes were wide with confusion, but she nodded. “Ja. It just wasn’t what I expected.”
It wasn’t what I had expected either, and I had an obligation to tell her that it was going to get significantly worse before it got better, but instead I took a deep breath and managed to taste, deep in my lungs, the scent of Katie’s fear. Shoving her out of the way, I ran for the nearest stall and threw up until there was nothing left in my stomach.
On my knees, with my face fired and hot, I pressed my forehead against the cool fiberglass wall of the stall. It was only by taking shallow breaths that I managed to turn and rip off a piece of toilet paper to wipe my mouth.
Katie’s hand fell like a question on my shoulder. “Ellie, are you all right?”
Nerves, I thought, but I wasn’t about to admit that to my own client. “Must have been something I ate,” I said, tossing Katie my brightest smile and getting to my feet. “Now. Shall we go?”
* * *
Katie kept running her hands over the smooth, polished wood of the defense table. There were places the finish had been rubbed raw, worn by the hands of endless defendants who’d sat in the very same place. How many of them, I wondered, had truly been innocent?
Courtrooms, before the fact of a trial, were not the bastions of serenity depicted on TV shows about the law. Instead, they were a bustle: the clerk shuffling for the right file, the bailiff blowing his nose in a spotted handkerchief, the people in the gallery talking headlines over Styrofoam cups of coffee. Today it was even louder than usual, and I could make out distinct sentences through the general buzz. Most involved Katie, who was on display just as surely as a zoo animal, removed from her natural habitat for the curiosity of others.
“Katie,” I said softly, and she jumped a foot.
“How come they haven’t started yet?”
“It’s still early.” Now her hands were tucked beneath her apron, her eyes darting over the activity in the front of the courtroom. Her gaze lit upon George Callahan, six feet away at the prosecutor’s table.
“He looks kind,” she mused.
“He won’t be. His job is to get the jury to believe all the bad things he’s going to say about you.” I hesitated, then decided in Katie’s case, it would be best to know what’s coming. “It’s going to be hard for you to hear, Katie.”
“Why?”
I blinked at her. “Why will it be hard?”
“No. Why will he lie about me? Why would the jury believe him and not me?”
I thought about the rules of forensic evidence, the distinctions between casting a motive and spinning a false tale, the psychometric profiles that had been written on juries—all idiosyncrasies that Katie would not understand. How did one explain to an Amish girl that in a trial, it often came down to who had the best story? “It’s the way the legal system works in the English world,” I said. “It’s part of the game.”
“Game,” Katie said slowly, turning the word in her mouth until it softened. “Like football!” She smiled up at me, remembering our earlier conversation. “A game with winning and losing, but you get paid for it.”
I felt sick to my stomach again. “Yeah,” I said. “Exactly.”
* * *
“All rise; the Honorable Philomena Ledbetter presiding!”
I got to my feet and made sure Katie was doing the same as the judge bustled in from the side door of the courtroom. She climbed the steps, her robes billowing out behind her. “Be seated.” Her eyes roamed the gallery, narrowing on the concentrated band of media representatives in the rear. “Before we begin might I remind the press that the use of cameras or video photography is forbidden in this courtroom, and if I see a single violation, I’ll toss the lot of you into the lobby for the remainder of the trial.”
She turned her attention to Katie, measuring her in silence before she spoke to the county attorney. “If the prosecution’s ready, you may begin.”
* * *
George Callahan strolled toward the jury box, as if he’d long been friends with every member. “I know what you’re thinking,” he said. “This is a trial for murder—so where’s the accused? Surely that little Amish girl sitting over there, wearing her apron and her little white cap, couldn’t have killed a fly, much less another human being.” He shook his head. “You all live in this county. You all see the Amish in their buggies and at their farm stands. If you know nothing else about them, you at least have picked up on the fact that they’re a highly religious group that keep to themselves and don’t make waves. I mean, really—when was the last time you heard of an Amish person being brought up on felony charges?
“Last year, that’s when. When the idyllic bubble of Amish life was burst by two of its youth, peddling cocaine. And today, when you
hear how this young woman cold-bloodedly killed her own newborn infant.”
He ran his hand along the rail of the jury box. “Shocking, isn’t it? It’s hard to believe any mother would kill her own child, much less a girl who looks as innocent as the one sitting over there. Well, let me put your mind to rest. During the course of this trial you’ll learn that the defendant is not innocent—in fact, she’s a proven liar. For six years, she’s been sneaking off her parents’ farm to spend nights and weekends on a college campus, where she lets down her hair and dresses in jeans and tight sweaters and parties like any other teenager. She lied about that—just like she lied about the fact that she’d gotten pregnant during one of these wild weekends; just like she lied about committing murder.”
He turned toward Katie, pinned her with his gaze. “So what’s the truth? The truth is that shortly after two A.M. on July tenth, the defendant awakened with labor pains. The truth is that she got up, tiptoed to the barn, and in silence gave birth to a live baby boy. The truth is that she knew if the baby was discovered, life as she knew it would be over. She’d be thrown out of her home, out of her church, and out of her community. So the truth is, she did what she had to do to keep the lie intact—she willfully, deliberately, and premeditatedly killed her own baby.”
George flicked his eyes away from Katie and turned back to the jury. “When you look at the defendant, look past the quaint costume. That’s what she wants you to see. See instead a woman smothering a crying baby. When you listen to the defendant, pay attention to what she has to say. But remember that what comes out of her mouth can’t be trusted. This so-called sweet little Amish girl hid a forbidden pregnancy, murdered a newborn with her bare hands, and fooled everyone around her while it was happening. Don’t let her fool you.”
* * *
The jury was made up of eight women and four men, and I vacillated between thinking that worked for or against us. Women would be likely to feel more sympathy for an unwed teen—but more contempt for someone who killed her newborn. What it all boiled down to, of course, was how willing this particular mix of people was to look for a loophole.
I squeezed Katie’s trembling hand beneath the defense table and stood. “Mr. Callahan would like you to believe that a certain party in this courtroom is an expert when it comes to not telling the truth. And you know what? He’s right. The thing is, Katie Fisher isn’t that person. Actually, it’s me.” I raised my hand and waved it cheerfully. “Yep, guilty as charged. I’m a liar and I’m rather good at it, if I say so myself. So good that it’s made me a pretty accomplished attorney. And although I’m not about to put words in the county attorney’s mouth, I bet he’s bent the facts a time or two himself.” I raised my brows at the jury. “You guys hear all the jokes—I don’t have to tell you about lawyers. Not only do we lie well, but we get paid a lot to do it.”
I leaned against the railing of the jury box. “Katie Fisher, on the other hand, doesn’t lie. How do I know this, for a fact? Well, because I wanted to use a defense of temporary insanity today. I had experts who were going to stand up here and tell you that Katie didn’t know what she was doing the morning she gave birth. But Katie wouldn’t let me. She said she wasn’t insane, and she hadn’t murdered her baby. And even if it meant risking her conviction, she wanted you, the jury, to know that.”
I shrugged. “So here I am, a lawyer armed with a novel weapon—the truth. That’s all I’ve got to contradict the prosecution’s allegations: the truth, and perhaps a clearer eye. Nothing that Mr. Callahan will show you is conclusive proof, and for good reason—Katie Fisher did not murder her newborn. Having lived with her and her family now for several months, I know something that Mr. Callahan does not—that Katie Fisher is Amish, through and through. You don’t ‘act’ Amish, like Mr. Callahan is suggesting. You live it. You are it. Through the course of this trial, you’ll come to understand this complex, peaceful group, as I have. Maybe a suburban teenager would give birth and stuff the baby in the toilet, but not an Amish woman. Not Katie Fisher.
“Now, let’s look at some of Mr. Callahan’s points. Did Katie sneak away repeatedly to a college town? Yes, she did—see, I’m telling you the truth. But what the prosecutor left out is why she was going there. Katie’s brother, her only remaining living sibling, decided to leave the Amish church and study at college. Her father, hurt by this decision, restricted contact with this son. But family means everything to Katie, as to most Amish, and she missed her brother so much she was willing to risk anything to see him. So you see, Katie wasn’t living a lie. She was maintaining a love.
“Mr. Callahan also suggested that Katie needed to hide the illegitimate pregnancy, or else suffer being kicked out of her faith. However, you will learn that the Amish are forgiving. Even an illegitimate pregnancy would have been accepted by the church, and the infant would have grown up with more love and support than is found in many homes in our own communities.”
I turned toward Katie, who was regarding me with wide, bright eyes. “Which brings me to Mr. Callahan’s final point: why, then, would Katie Fisher kill her own baby? The answer is simple, ladies and gentlemen. She didn’t.
“The judge will explain to you that to convict Katie, you have to believe the prosecution beyond a reasonable doubt. By the time this trial’s over, you’ll have more than a reasonable doubt, you’ll have a whole wagon full of them. You will see that there’s no way for the prosecution to prove that Katie killed her baby. They have no physical witnesses to the fact. They have nothing but speculation and dubious evidence.
“On the other hand, I’m going to show you that there were a number of ways that baby might have died.” I walked toward Katie, so that the jury would be staring at her as well as me. “I’m going to show you why the Amish don’t commit murder. And most importantly,” I finished, “I’m going to let Katie Fisher tell you the truth.”
THIRTEEN
Lizzie Munro would never have laid odds on the fact that one day, she’d be testifying against an Amish murder suspect. The girl was sitting at the defense table next to that high-powered attorney of hers, head bowed and hands clasped like one of those godawful Precious Moments figurines Lizzie’s mother liked to litter her windowsills with. Lizzie herself hated them—each angel too calculatedly cute, each shepherd boy too doe-eyed to be taken seriously. Similarly, looking at Katie Fisher gave Lizzie the overwhelming urge to turn away.
She focused instead on George Callahan, dapper in his dark suit. “Can you state your name and address?” he asked.
“Elizabeth Grace Munro. 1313 Grand Street, Ephrata.”
“Where are you employed?”
“At the East Paradise Township Police Department. I’m a detective-sergeant.”
George didn’t even have to ask her the questions; they’d been through this opening act so often she knew what was coming. “How long have you been a detective?”
“For the past six years. Prior to that, I was a patrol officer for five years.”
“Can you tell us a little bit about your work, Detective Munro?”
Lizzie leaned back in the witness chair—for her, a comfortable place. “For the most part, I investigate felony cases in East Paradise Township.”
“Roughly how many are there?”
“Well, we took about fifteen thousand calls last year, total. Of those, there were only a handful of felonies—mostly we see misdemeanors.”
“How many murders occurred last year?”
“None,” Lizzie answered.
“Of those fifteen thousand calls, do many take you into Amish homes?”
“No,” she said. “The Amish will call the police in if there’s theft or damage to their properties, and occasionally we’ll have to book an Amish youth for DUI or disorderly conduct, but for the most part they have a fairly minimal relationship to local law enforcement authorities.”
“Detective, could you tell us what happened on the morning of July tenth?”
Lizzie straightened in her chair. “I was
at the station when someone called to report finding a dead infant in a barn. An ambulance had been dispatched to the scene, and then I went out there as well.”
“What did you find when you arrived?”
“It was about five-twenty A.M., near sunrise. The barn belonged to an Amish dairy farmer. He and his two employees were still in the barn, milking their cows. I taped the front and back door of the barn to secure the scene. I went into the tack room, where the body had been found, and spoke to the EMTs. They said the baby was newborn and premature, and couldn’t be resuscitated. I took down the names of the four men: Aaron and Elam Fisher, Samuel Stoltzfus, and Levi Esch. I asked if they’d seen anything suspicious or if they’d disturbed anything in the barn. The youngest boy, Levi, had been the one to find the baby. He hadn’t touched anything but a couple of horse blankets on top of the dead infant, which was wrapped in a boy’s shirt. Aaron Fisher, the owner of the farm, said that a pair of scissors used to cut baling twine was missing from a peg near the calving pen. All four men told me that no one had been found in the barn, and that no women in the household had been pregnant.
“After that, I went through the stalls, looking for a lead. The MCU of the state police was called in, as well. It was fairly impossible to take prints off the rough wooden beams and the hay, and any partial prints we found matched those of family members who would have had reason to be in the barn.”
“At this point, were you suspecting foul play?”
“No. I wasn’t suspecting much of anything, other than abandonment.”
George nodded. “Please continue.”
“Finally, we found the site of the birth—in a corner of the calving pen fresh hay had been scattered to cover up matted blood. At the spot where the baby’s body had been discovered, we found a footprint in the dirt floor.”
