Judge Ledbetter turned toward the prosecutor. “Mr. Callahan, I assume you have something to say about this.”
“Yes, Your Honor. From what I understand the Amish don’t abide by daylight saving time. It’s one thing to run their own schedules when it doesn’t affect anyone else, but in a court of law they ought to be required to adhere to our clock. For all I know, this is some plot of Ms. Hathaway’s to point out the glaring differences between the Amish and the rest of the world.”
“It’s not a plot, George,” Ellie muttered. “It’s just lactation, pure and simple.”
“Furthermore,” the prosecutor continued, “I have one witness remaining to be questioned, and postponing his testimony would be detrimental to my case. Since it’s Friday, the jury wouldn’t be able to hear it until Monday morning, and by then any momentum that’s been building would be lost.”
“At the risk of being presumptuous, Your Honor, may I point out that in many trials I’ve participated in, schedules have been reworked at the last minute according to the whims of child care, doctor’s visits, and other emergencies that come up in the lives of the attorneys and even judges? Why not bend the rules for the defendant as well?”
“Oh, she’s done a fine job of that by herself,” George said dryly.
“Pipe down, you two,” Judge Ledbetter said. “As tempting as it is to get out of here before Friday-night traffic settles in, I’m going to deny your request, Ms. Hathaway, at least for as long as it takes the prosecution to present their case. When it’s your turn, you’re welcome to adjourn court at three P.M. if it suits you.” She turned to George. “Mr. Callahan, you may call your witness.”
“Imagine that you’re a young girl,” said Dr. Brian Riordan, the forensic psychiatric expert for the state. “You find yourself involved in an illicit relationship with a boy your parents know nothing about. You sleep with the boy, although you know better. A few weeks later, you find out you’re pregnant. You go about your daily routine, even though you’re a little more tired these days. You think the problem will take care of itself. Every time the thought crosses your mind, you shove it aside, promising you’ll deal with it tomorrow. In the meantime, you wear clothes that are a little looser; you make sure that no one embraces you too closely.
“Then one night you wake up in severe pain. You know what is happening to you, but all you care about is keeping your secret. You sneak out of the house so no one can hear you giving birth. In solitude, in silence, you deliver a baby that means nothing to you. Then the baby begins to cry. You cover its mouth with your hand, because it is going to wake everyone up. You press harder until the baby stops crying, until it is no longer moving. Then, knowing you have to get rid of it, you wrap it up in a nearby shirt and stuff it somewhere out of sight. You’re exhausted, so you go up to your bedroom to sleep, telling yourself you’ll deal with the rest tomorrow. When the police approach you the next day asking about a baby, you say you know nothing about it, just like you’ve been telling yourself all along.”
Mesmerized, the jury leaned forward, caught on the sharp, stiletto edges of the scene Riordan had crafted with words. “What about maternal instincts?” George asked.
“Women who commit neonaticide are completely detached from the pregnancy,” Riordan explained. “For them, giving birth packs all the emotional punch of passing a gallstone.”
“Do women who commit neonaticide feel badly about doing it?”
“Remorse, you mean.” Riordan pursed his lips. “Yes, they do. But only because they’re sorry their parents have seen them in such an unfavorable light-not because there’s a dead baby.”
“Dr. Riordan, how did you come to meet the defendant?”
“I was asked to evaluate her for this trial.”
“What did that entail?”
“Reading the discovery in this case, examining her responses to projective psychological tests like the Rorschach and objective tests like the MMPI, as well as meeting with the defendant personally.”
“Did you reach a conclusion as to a reasonable degree of psychiatric certainty?”
“Yes, at the time she killed the baby she knew right from wrong and was aware of her actions.” Riordan’s eyes skimmed over Katie. “This was a classic case of neonaticide. Everything about the defendant fit the profile of a woman who would murder her newborn-her upbringing, her actions, her lies.”
“How do you know she was lying?” George asked, playing devil’s advocate. “Maybe she really didn’t know that she was pregnant, or having a baby.”
“By her own statement, the defendant knew she was pregnant but made the voluntary decision to keep it secret. If you choose to act a certain way to protect yourself, it implies conscious knowledge of what you’re doing. Thus, denial and guilt are linked. Moreover, once you lie, you’re likely to lie again, which means that any of her statements about the pregnancy and birth are dubious at best. Her actions, however, tell a solid, consistent story,” Riordan said. “During our interview, the defendant admitted to waking up with labor pains and intentionally leaving her room because she didn’t want anyone to hear her. This suggests concealment. She chose the barn and went to an area that she knew had fresh hay placed in it. This suggests intent. She covered the bloody hay after the delivery, tried to keep the newborn from crying out-and the body of the newborn was found tucked beneath a stack of blankets. This suggests that she had something to hide. She got rid of the bloody nightgown she’d been wearing, got up and acted perfectly normal the next morning in front of her family, all to continue this hoax. Each of these things-acting in isolation, concealing the birth, cleaning up, pretending life is routine-indicates that the defendant knew very well what she was doing at the time she did it-and more importantly, knew what she was doing was wrong.”
“Did the defendant admit to murdering the newborn during your interview?”
“No, she says that she doesn’t remember this.”
“Then how can you be sure she did?”
Riordan shrugged. “Because amnesia is easily faked. And because, Mr. Callahan, I’ve been here before. There is a specific pattern to the events of neonaticide, and the defendant meets every criteria: She denied the pregnancy. She claims she didn’t realize she was in labor, when it first occurred. She gave birth alone. She said she didn’t kill the baby, in spite of the truth of the dead body. She gradually admitted to certain holes in her story as time went on. All of these things are landmarks in every neonaticide case I’ve ever studied, and lead me to believe that she too committed neonaticide, even if there are patches in the story she cannot apparently yet recall.” He leaned forward on the stand. “If I see something with feathers and a bill and webbed feet that quacks, I don’t have to watch it swim to know it’s a duck.”
The hardest part about changing defenses, for Ellie, had been losing Dr. Polacci as a witness. However, there was no way she could give the psychiatrist’s report to the prosecution, since it stated that Katie had killed her newborn, albeit without understanding the nature and quality of the act. This meant that any holes Ellie was going to poke in the prosecution’s argument of neonaticide had to be made now, and preferably large enough to drive a tank through. “How many women have you interviewed who’ve committed neonaticide?” Ellie asked, striding toward Dr. Riordan.
“Ten.”
“Ten!” Ellie’s eyes widened. “But you’re supposed to be an expert!”
“I am considered one. Everything’s relative.”
“So-you come across one a year?”
Riordan inclined his head. “That would be about right.”
“This profile of yours, and your claims about Katie-they’re made on the extensive experience you’ve collected by interviewing all of . . . ten people?”