“No!” Katie’s eyes filled with tears again. “It’s that disease, that bacteria. What if it’s still in me? What if I give it to all of my babies?”

Above Ellie’s head, the bulb fizzed and popped. She slowly stared at Katie, from her obvious remorse to the way her fingers now clutched at the thick fabric of her bodice, as if this illness was something that might be scratched out of her. She thought of how Katie had once told her that you confessed to whatever the deacon charged you with. She thought of how a girl used to having others accuse her of sinning might hear the pathologist’s testimony and take the blame for something that was, in truth, an accident.

She looked at Katie, and saw the way her mind worked.

Ellie walked across the room and grasped her shoulders. “Tell me now,” she said. “Tell me how you killed your baby.”

“Your Honor,” Ellie began, “I’d like to redirect.”

She could feel George looking at her like she’d lost her mind, and for good reason: with a confession on the court record, there wasn’t too much Ellie could do to erase all the damage that had been done. She watched Katie take the stand again and shift restlessly in the seat, nervous and pale. “When the prosecutor asked you if you killed your baby, you said yes.”

“That’s right,” Katie answered.

“When he asked you to explain the method of homicide, you didn’t want to talk.”

“No.”

“I’m asking you now: Did you smother the baby?”

“No,” Katie murmured, her voice cracking wide open over the syllable.

“Did you intentionally end the baby’s life?”

“No. Never.”

“How did you kill your baby, Katie?”

She took a deep, rattling breath. “You heard the doctor. He said I killed him by having that infection, and passing it on. If I wasn’t the baby’s mother, he would have lived.”

“You murdered your baby by passing along listeria from your body?”

“Yes.”

“Is that what you meant when you told Mr. Callahan you’d killed your baby?”

“Yes.”

“You told us before that in your church, if you sin, you have to confess in front of the other members.”

“Ja.”

“What’s that like?”

Katie swallowed. “Well, it’s terrifying, that’s what. First there’s the whole Sunday service. After the sermon comes a song, and then all the nonmembers, they leave. The bishop calls your name, and you have to get up and sit right in front of the ministers and answer their questions loud enough that the entire congregation can hear you. The whole time, everyone’s watching, and your heart is pounding so loud you can hardly hear the bishop talk.”

“What if you didn’t sin?”

Katie looked up. “What do you mean?”

“What if you’re innocent?” Ellie thought back to the conversation they’d had months ago, praying that Katie remembered too. “What if the deacon says you went skinny-dipping, and you didn’t?”

Katie frowned. “You confess anyway.”

“Even though you didn’t do it?”

“Yes. If you don’t show how sorry you are, if you try to make excuses, it just gets more embarrassing. It’s hard enough walking up to the ministers with all your family and friends watching. You just want to get it over with, take the punishment, so that you can be forgiven and welcomed back.”

“So . . . in your church, you have to confess in order to be forgiven. Even if you didn’t do it?”

“Well, it’s not like people get accused of sinning for nothing. There’s a reason for it, most of the time. Even if the story isn’t quite right, usually you still did something wrong. And after you confess, the healing comes.”

“Answer the question, Katie,” Ellie said, smiling tightly. “If your deacon came to you and said you’d sinned, and you hadn’t, you’d confess anyway?”

“Yes.”

“I see. Now-why did you want to be a witness in your trial?”

Katie looked up. “To confess to the sin that I’ve been accused of.”

“But that’s murder,” Ellie pointed out. “That means you intentionally killed your baby, that you wanted it dead. Is this true?”

“No,” Katie whispered.

“You had to know that coming here today and saying you killed your baby was going to make the jury believe you were guilty, Katie. Why would you do that?”

“The baby is dead, and it’s because of me. It doesn’t matter if I smothered him or not, he’s still dead because of something I did. I should be punished.” She brought the hem of her apron up to wipe her eyes. “I wanted everyone to see how sorry I am. I wanted to confess,” she said quietly, “because that’s the only way I can be forgiven.”

Ellie leaned on the edge of the witness box, blocking everyone else’s view for a moment. “I’ll forgive you,” she said softly, for Katie’s ears alone, “if you forgive me.” Then she turned to the judge. “Nothing further.”

“Okay, so this is all twisted around now,” George said. “You killed the baby, but you didn’t murder it. You want to be punished so that you can be forgiven for something you didn’t mean to do in the first place.”

“Yes.” Katie nodded.

George hesitated for a moment, as if he was considering all this. Then he frowned. “So what happened to the baby?”

“I made it sick, and it died.”

“You know, the pathologist said that the baby was infected, but he admitted there were several reasons it might have died. Did you see the baby stop breathing?”

“No. I was asleep. I don’t remember anything until I woke up.”

“You never saw the baby after you woke up?”

“It was gone,” Katie said.

“And you want us to believe you had nothing to do with that?” George advanced on her. “Did you wrap the baby’s body in a blanket and hide it?”

“No.”

“Huh. I thought you said you don’t remember anything after you fell asleep.”

“I don’t!”

“Then technically, you can’t tell me for certain that you didn’t hide the baby.”

“I guess not,” Katie said slowly, puzzled.

George smiled, his grin as wide as a wolf’s. “And technically, you can’t tell me for sure that you didn’t smother the baby.”

“Objection!”

“Withdrawn,” George said. “Nothing further.”

Ellie cursed beneath her breath. George’s pointed statement was the last thing the jury would hear as part of testimony. “The defense rests, Your Honor,” Ellie said. She watched Katie open the gate of the witness box and step down, crossing the room with studied caution, as if she now understood that something as stable as solid ground might at any moment tilt beneath her feet.

“You know,” Ellie said to the jury. “I wish I could tell you exactly what happened in the early hours of the morning of July tenth, in the Fishers’ barn, but I can’t. I can’t, because I wasn’t there. Neither was Mr. Callahan, and neither were any of the other experts you’ve seen paraded through here during the past few days.

“There’s only one person who was actually there, who also spoke to you in this courtroom-and that’s Katie Fisher. Katie, an Amish girl who can’t remember exactly what happened that morning. Katie, who stood up here wracked with guilt and shame, convinced that the accidental transmission of a disease in utero to her fetus made her responsible for the baby’s death. Katie, who is so upset over losing her child she thinks she deserves to be punished, even when she’s innocent. Katie, who wants to be forgiven for something she did not intentionally do.”

Ellie trailed her hand along the rail of the jury box. “And that lack of intention, ladies and gentlemen, is quite important. Because in order to find Katie guilty of murder in the first degree, the prosecution must convince you beyond a reasonable doubt that Katie killed her child with premeditation, willfulness, and deliberation. First, that means she planned this murder. Yet you’ve heard that no Amishman would ever consider such violence, no Amishman would choose an action that valued pride over humility or an individual decision over the society’s rules. Second, it means that Katie wanted this baby dead. Yet you’ve witnessed the look on Katie’s face when she first saw the father of her child again, when she told you that she loved him. Third, it means that she intentionally murdered her baby. Yet you’ve been shown proof that an infection transmitted during pregnancy could very well have caused the baby to die-a tragedy, but an accident all the same.


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