“No, I don’t know.”
“Did anyone else in the household suffer the effects of listeriosis?”
“I wasn’t asked to examine paraffin blocks of their tissue,” Owen said. “I couldn’t tell you for sure.”
“Let me help you out then. They didn’t. No one else but the defendant exhibited signs of this mystery illness. Isn’t it strange that a family drinking the same contaminated milk wouldn’t all have the same physical reaction to the bacteria?”
“Not really. Pregnancy is a state of immunosuppression, and listeriosis flares up in immunocompromised patients. If someone in the household had cancer, or HIV infection, or was very old or very young-all of which would compromise the immune system-there might have been another response much like the one Ms. Fisher apparently had.”
“Apparently had,” George repeated. “Are you suggesting, Doctor, that she might not have suffered from this illness?”
“No, she definitely did. The placenta and the infant were infected, and the only way they could have contracted the bacteria is from the mother.”
“Is there any way to prove, conclusively, that the infant was suffering from listeriosis?”
Owen considered this. “We know that he was infected with listeria, because of the immunostaining we did.”
“Can you prove that the infant died from complications due to listeriosis?”
“It’s the listeria that’s fatal,” Owen answered. “It causes the infection in the liver, the lungs, brain, wherever. Depending on the pattern of involvement, the organ that causes death might be different from patient to patient. In the case of Baby Fisher, it was respiratory failure.”
“The baby’s death was due to respiratory failure?”
“Yes,” Owen said. “Respiratory failure, as caused by respiratory infection.”
“But isn’t respiratory infection only one cause of respiratory failure?”
“Yes.”
“Is smothering another cause of respiratory failure?”
“Yes.”
“So isn’t it possible that the baby might have been infected with listeria, might have had evidence of the bacteria in his body and lungs-but his actual death could have been caused by his mother suffocating him?”
Owen frowned. “It’s possible. There would be no way of knowing for sure.”
“Nothing further.”
I was up out of my seat to redirect before George made it back to his table. “Dr. Zeigler, if Katie’s baby hadn’t died of respiratory failure that morning, what would have happened to him?”
“Well, assuming that after the home birth the newborn wasn’t whisked off to a hospital for diagnosis and treatment, the infection would have progressed. He might have died of pneumonia at two or three days of life . . . if not then, he would have died of meningitis within a couple of weeks. Once meningitis develops, the disease is fatal even if it’s diagnosed and treatment is begun.”
“So unless the baby was taken to a neonatal care unit, he most likely would have died shortly after?”
“That’s right.”
“Thank you, Doctor.”
I sat down just as George stood again. “Recross, Your Honor. Dr. Zeigler, you said the mortality rate for listeriosis is high, even with treatment?”
“Yes, nearly fifty out of a hundred babies will die from complications.”
“And you just hypothesized that Baby Fisher would have died within a few weeks, if not that first morning of life?”
“Yes.”
George raised his brows. “How do you know, Dr. Zeigler, that he wasn’t one of the other fifty?”
For reasons I didn’t understand, Katie retreated into her shell with each word of Owen’s testimony. By all accounts, she should have been as pleased as I was. Even George’s little dig at the end of his recross couldn’t take away from the fact this fatal bacteria had been found in the baby’s body. The jury, now, had to have a reasonable doubt-which was all that we needed for an acquittal.
“Katie,” I said, leaning close to her, “are you feeling all right?”
“Please, Ellie. Can we go home now?”
She looked miserable. “Are you sick?”
“Please.”
I glanced at my watch. It was three-thirty; a little early for milking, but Judge Ledbetter would never know that. “Your Honor,” I said, getting to my feet, “if it pleases the court, we’d like to adjourn for the afternoon.”
The judge peered at me over the edge of her glasses. “Ah, yes. The milking.” She glanced at Owen Zeigler, now sitting in the gallery. “Well, if I were you I’d make sure to wash my hands when I was done. Mr. Callahan, do you have any objections to an early dismissal for farm chores?”
“No, Your Honor. My chickens will be thrilled to see me.” He shrugged. “Oh, that’s right. I don’t have chickens.”
The judge frowned at him. “No need to be a cosmopolitan snob, counselor. All right, then. We’ll reconvene tomorrow at ten A.M. Court is adjourned.”
Suddenly a wall of people surrounded us: Leda, Coop, Jacob, Samuel, and Adam Sinclair. Coop slid his arm around my waist and whispered, “I hope she has your brains.”
I didn’t answer. I watched Jacob trying to crack jokes that would make Katie smile; Samuel standing tight as a bowstring and careful not to let his shoulder brush against Adam’s. For her part, Katie was attempting to keep up a good front, but her smile stretched across her face like a sheet pulled too tight. Was I the only one who noticed that she was about to fall apart?
“Katie,” Adam said, stepping forward, “do you want to take a walk?”
“No, she does not,” Samuel answered.
Surprised, Adam turned. “I think she can speak for herself.”
Katie pressed her fingers to her temples. “Thank you, Adam, but I have plans with Ellie.”
This was news to me, but one look at the desperate plea in her eyes and I found myself nodding. “We need to go over her testimony,” I said, although if I had my way there wasn’t going to be any testimony from her at all. “Leda will drive us back. Coop, can you manage to get everyone else home?”
We left the way we had on Friday: Leda drove to the rear of the court-house to pick Katie and me up at the food service loading dock. Then we circled to the exit at the front of the building, passing all the reporters who were still waiting for Katie to appear. “Honey,” Leda said a few minutes later. “That doctor you put on the stand was something else.”
I was looking into the little vanity mirror above the passenger seat, rubbing off circles of mascara beneath my eyes. Behind me, in the backseat, Katie turned to stare out the window. “Owen’s a good guy. And an even better pathologist.”
“That bacteria stuff . . . was it real?”
I smiled at her. “He wouldn’t be allowed to make it up. That’s perjury.”
“Well, I bet you could win the case on that doctor’s testimony alone.”
I glanced into the mirror again, trying to catch Katie’s eye. “You hear that?” I asked pointedly.
Her lips tightened; other than that, she gave no indication that she’d been listening. She kept her cheek pressed to the window, her eyes averted.
Suddenly Katie opened the car door, causing Leda to swerve off the road and come to a screeching stop. “My stars!” she cried. “Katie, honey, you don’t do that when we’re still moving!”
“I’m sorry. Aunt Leda, is it all right if Ellie and I walk the rest of the way?”
“But that’s a good three miles!”
“I could use the fresh air. And Ellie and me, we have to talk.” Katie smiled fleetingly. “We’ll be okay.”
Leda looked to me for approval. I was wearing my black flats-not heels, granted, but still not my first choice for hiking shoes. Katie was already standing outside the car. “Oh, all right,” I grumbled, tossing my briefcase into the seat. “Can you drop this off in the mailbox?”
We watched her taillights disappear down the road, and then I turned to her, arms crossed. “What’s this about?”
Katie started walking. “I just wanted to be alone for a bit.”
“Well, I’m not leaving-”