“Yes.”
Ellie raised her brows. “In the Journal of Forensic Sciences, didn’t you say that women who commit neonaticide are not malicious, Dr. Riordan? That they don’t necessarily want to do harm?”
“That’s right. They’re usually not thinking about it in those terms. They see the action only as something that will egocentrically help themselves.”
“Yet in the cases you’ve been involved in, you’ve recommended that women who commit neonaticide be incarcerated?”
“Yes. We need to send a message to society, that murderers don’t go free.”
“I see. Isn’t it true, Doctor, that women who commit neonaticide admit to killing their newborns?”
“Not at first.”
“But eventually, when faced with evidence or pressed to explain, they crumble. Right?”
“That’s what I’ve seen, yes.”
“During your interview with Katie, did you ask her to hypothesize about what had happened to the baby?”
“Yes.”
“What was her response?”
“She came up with several.”
“Didn’t she say, ‘Maybe it just died, and someone hid it.’”
“Among other things, yes.”
“You said that when pressed, women who commit neonaticide crumble. Doesn’t the fact that Katie offered up this hypothetical scenario, rather than breaking down and admitting to murder, mean that it might have been what actually happened?”
“It means she can lie well.”
“But did Katie ever admit that she killed her baby?”
“No. However, she didn’t admit to her pregnancy at first, either.”
Ellie ignored his comment. “What did Katie admit, exactly?”
“That she fell asleep, woke up, and the baby was gone. She didn’t remember anything else.”
“And from this you inferred that she committed homicide?”
“It was the most likely explanation, given the overall set of behaviors.”
It was exactly the answer Ellie wanted. “As an expert in the field, you must know what a dissociative state is.”
“Yes, I do.”
“Could you explain it for those of us who don’t?”
“A dissociative state occurs when someone fractures off a piece of her consciousness to survive a traumatic situation.”
“Like an abused wife who mentally zones out while her husband’s beating her?”
“That’s correct,” Riordan answered.
“Is it true that people who go into a dissociative state experience memory lapses, yet manage to appear basically normal?”
“Yes.”
“A dissociative state is not a voluntary, conscious behavior?”
“Correct.”
“Isn’t it true that extreme psychological stress can trigger a dissociative state?”
“Yes.”
“Might witnessing the death of a loved one cause extreme psychological stress?”
“Perhaps.”
“Let’s step back. For a moment, let’s assume Katie wanted her baby, desperately. She gave birth and, tragically, watched it die in spite of her best efforts to keep it breathing. Might the shock of the death cause a dissociative state?”
“It’s possible,” Riordan agreed.
“If she then could not recall how the baby died, might her memory lapse be due to this dissociation?”
Riordan grinned indulgently. “It might, if it were a reasonable scenario, Ms. Hathaway, which it unfortunately is not. If you want to claim that the defendant went into a dissociative state that morning that subsequently led to her memory lapses, I’m happy to play along with you. But there’s no way to prove that the stress of the baby’s natural death put her into that state. It’s equally possible that she dissociated due to the stress of labor. Or as a result of the highly stressful act of committing murder.
“You see, the fact of dissociation doesn’t absolve Ms. Fisher from committing neonaticide. Humans are able to perform complex meteoric actions even when the ability to recall these actions is impaired. You can drive your car while in a dissociative state, for example, and travel for hundreds of miles without remembering a single landmark. Likewise, in a dissociative state, you can deliver a baby, even if you can’t recall the specifics. You can try to resuscitate a dying baby, and not recall the specifics. Or,” he said pointedly, “you can kill a baby, and not recall the specifics.”
“Dr. Riordan,” Ellie said, “we’re talking about a young Amish girl here, not some self-absorbed mall-rat teen. Put yourself into her shoes. Isn’t it possible that Katie Fisher wanted that baby, that it died in her arms, that she became so upset about it her own mind unconsciously blocked out what had happened?”
But Riordan had been on the stand too many times to fall so neatly into an attorney’s trap. “If she wanted that baby so badly, Ms. Hathaway,” he said, “why did she lie about it for seven months?”
George was standing up before Ellie even made it back to the defense table. “I’d like to redirect, Your Honor. Dr. Riordan, in your expert opinion, was the defendant in a dissociative state on the morning of July tenth?”
“No.”
“Is that important to this case?”
“No.”
“Why not?”
Riordan shrugged. “Her behavior is clear enough-there’s no need to invoke this psychobabble. The defendant’s subversive actions before the birth suggest that once the baby arrived, she’d do anything within her power to get rid of it.”
“Including murder?”
The psychiatrist nodded. “Especially murder.”
“Recross,” Ellie said. “Dr. Riordan, as a forensic psychiatrist you must know that for a Murder One conviction, a person must be found guilty of killing with deliberation, willfulness, and premeditation.”
“Yes, that’s true.”
“Women who commit neonaticide-do they kill willfully?”
“Absolutely.”
“Do they deliberate about the act?”
“Sometimes, in the way they’ll pick a quiet place, or bring a blanket or bag to dispose of the baby-as the defendant did.”
“Do they plan the murder of the infant in advance?”
Riordan frowned. “It’s a reflexive act, stimulated by the newborn’s arrival.”
“Reflexive act,” Ellie repeated. “By that you mean an automatic, instinctive, unthinking behavior?”
“Yes.”
“Then neonaticide isn’t really first-degree murder, is it?”
“Objection!”
“Withdrawn,” Ellie said. “Nothing further.”
George turned to the judge. “Your Honor,” he said, “the prosecution rests.”
Sarah had held dinner for them, a spread of comfort food that offered no appeal for Ellie. She picked at her plate and felt the walls closing in on her, wondering why she hadn’t taken Coop up on his suggestion to get a bite to eat at a restaurant in Lancaster.
“I brushed Nugget for you,” Sarah said, “but there’s still tack to be cleaned.”
“All right, Mam,” Katie answered. “I’ll go on out after supper. I’ll get the dishes, too; you must be tired after helping out with the milking.”
From the opposite end of the table, Aaron belched loudly, smiling a compliment at his wife. “Gut meal,” he said. He hooked his thumbs beneath his suspenders and turned to his father. “I’m thinking of heading to Lapp’s auction on Monday.”
“You need some new horseflesh?” Elam said.
Aaron shrugged. “Never hurts to see what’s there.”
“I heard tell that Marcus King was getting set to sell that colt bred off his bay last spring.”
“Ja? He’s a beauty.”
Sarah snorted. “What are you gonna do with another horse?”
Ellie looked from one family member to another, as if she were following a tennis match. “Excuse me,” she said softly, and one by one they turned to her. “Are you all aware that your daughter is involved in a murder trial?”
“Ellie, don’t-” Katie stretched out her hand, but Ellie shook her head.
“Are you all aware that in less than a week’s time, your daughter could be found guilty of murder and taken directly from the courthouse to the prison in Muncy? Sitting here talking about horse auctions-doesn’t anyone even care how the trial is going?”
“We care,” Aaron said stiffly.
“Hell of a way to show it,” Ellie muttered, balling up her napkin and tossing it onto the table before escaping upstairs to her room.