“It is the prosecution’s job to prove to you that Katie Fisher’s baby was killed. My job is to show you that there might be a viable, realistic, possible reason for the death of Katie’s infant other than first-degree murder. If there’s more than one way to look at what happened that morning, if there’s even the slightest doubt in your mind, you have no choice but to acquit.”
Ellie walked toward Katie and stood behind her. “I wish I could tell you what happened or did not happen the morning of July tenth,” she repeated, “but I can’t. And if I don’t know for sure-how can you?”
“Ms. Hathaway’s right-but only about one thing. Katie Fisher doesn’t know exactly what happened the morning she gave birth.” George surveyed the faces of the jury. “She doesn’t know, and she’s admitted to that-as well as to killing her baby.”
He stood up, his hands locked behind his back. “However, we don’t need the defendant’s recollections to piece together the truth, because in this case, the facts speak for themselves. We know that Katie Fisher lied for years to her family about her clandestine visits to the outside world. We know that she concealed her pregnancy, gave birth secretly, covered up the bloody hay, and hid the body of her infant. We can look at the autopsy report and see bruises around the baby’s mouth due to smothering, the cotton fibers shoved deep in its throat, the medical examiner’s diagnosis of homicide. We can see the forensic evidence-the DNA tests that place the defendant and the defendant alone at the scene of the crime. We can point to a psychological motive-Ms. Fisher’s fear of being shunned from her family forever, like her brother, for this transgression of giving birth out of wedlock. We can even replay the court record and listen to the defendant confess to killing her child-an admission made willingly, which the defense then desperately tried to twist to its advantage.”
George turned toward Ellie. “Ms. Hathaway wants you to think that because the defendant is Amish, this crime is unthinkable. But being Amish is a religion, not an excuse. I’ve seen pious Catholics, devout Jews, and faithful Muslims all convicted of vicious criminal acts. Ms. Hathaway also would like you to believe that the infant died of natural causes. But then, why wrap up the body and hide it under a pile of blankets-actions that suggest a cover-up? The defense can’t explain that; they can only offer a red-herring testimony about an obscure bacterial infection that may have led to respiratory failure in a newborn. I repeat: may have led. But then again, it may not have. It may just be a way of covering up the truth: that on July tenth, Katie Fisher went out to her parents’ barn and willfully, premeditatedly, and deliberately smothered her infant.”
He glanced at Katie, then back at the jury. “Ms. Hathaway would also like you to believe one other falsehood-that Katie Fisher was the only eyewitness that morning. But this is not true. An infant was there, too; an infant who isn’t here to speak for himself because he was silenced by his mother.” He let his gaze roam over the twelve men and women watching him. “Speak up for that infant today,” he said.
George Callahan’s father, who had won four consecutive terms as the district attorney in Bucks County a few decades ago, used to tell him that there was always one case in a man’s legal career he could ride all the way into the sunset. It was the case that was always mentioned in conjunction with your name, whenever you did anything else noteworthy in your life. For Wallace Callahan, it had been convicting three white college boys of the rape and murder of a little black girl, right in the middle of the civil rights protests. For George, it would be Katie Fisher.
He could feel it the same way he could feel snow coming a day ahead of its arrival, by a tightening in his muscles. The jury would find her guilty. Hell, she’d found herself guilty. Why, he wouldn’t be surprised if the verdict came back before suppertime.
He shrugged into his trench coat, lifted his briefcase, and pushed out the doors of the courthouse. Immediately reporters and cameramen from local networks and national affiliates engulfed him. He grinned, turned his best side to the majority of the video cameras, and leaned in to the knot of microphones being shoved beneath his chin.
“Any comments about the case?”
“Do you have a sense of how the jury will find?”
George smiled and let the practiced sound bite roll off his tongue. “Clearly, this will be a victory for the prosecution.”
“There’s no question in my mind that this will be a victory for the defense,” Ellie said to the small group of media reps huddled in the parking lot of the superior court.
“Don’t you think that Katie’s confession might make it hard for the jury to acquit?” one reporter yelled out.
“Not at all.” Ellie smiled. “Katie’s confession had less to do with the legal ramifications of this case than the moral obligations of her religion.” She politely pushed forward, scattering the reporters like marbles.
Coop, who had been waiting for her impromptu press conference to finish, joined her as she made her way to Leda’s blue sedan. “I ought to just stick around,” she said. “Chances are the jury will be back by the time we finish grabbing a bite.”
“If you stick around, Katie’s going to be bombarded with people. You can’t keep her locked in a conference room.”
Ellie nodded and unlocked the door of the car. By now, Leda and Katie and Samuel would be waiting for her at the service entrance of the court.
“Well,” Coop said. “Congratulations.”
She snorted. “Don’t congratulate me yet.”
“But you just said you’re going to win.”
Ellie shook her head. “I said it,” she admitted. “But the truth is, Coop, I don’t know that at all.”
EIGHTEEN
Ellie
A full day later, the jury still had not returned a verdict.
Because of my lack of proximity to a working phone, Judge Ledbetter ordered George to let me borrow his beeper. When the verdict came in, she would page me. In the meantime, we could all return home and go about our business.
I had been in situations before with a hung jury. It was unpleasant, not only because it automatically guaranteed that we’d have to go through the rigmarole of a second trial, but also because until the verdict came back, I became obsessed with second-guessing my defense. In the past, when it took some time for a jury to return, I’d try to distract myself with the other cases I was working on. I would go to the gym and pound on a Stairmaster until I could barely move, much less think. I’d sit down with Stephen, who would walk me through the case to see what I might have done differently.
Now, I was surrounded by the Fishers-all of whom had a vested interest in the verdict, and none of whom seemed to notice that it hadn’t been returned yet. Katie continued doing her chores. I was expected to help Sarah in the kitchen, to make myself useful in the barn if Aaron needed me, to carry on with life even though we were anticipating a momentous decision.
Twenty-eight hours after we’d left the courthouse, Katie and I were washing windows for Annie King, an Amish woman who’d fallen and broken her hip. I watched Katie for a moment, tirelessly dipping her cloth in alcohol solution and scrubbing it over the glass, wondering how she could find the strength to help someone else when her own emotions had to be overwhelming right now. “Isn’t this bothering you?” I said finally.
“My back?” Katie asked. “Ja, a little. If it hurts you too much, you can rest a bit.”
“Not your back. The fact that you don’t know the outcome of the trial.”
Katie let the cloth slip into the bucket and sank back on her heels. “Worrying isn’t going to make it happen any quicker.”
“Well, I can’t stop thinking about it,” I admitted. “If I was facing a murder conviction, I don’t think I’d be washing someone else’s windows.”