Logiudice paused, a little uncertainly this time.

The jurors appeared unsure also. They watched him with expressions of concern. His opening statement, which had started so strong, had foundered on this all-important question of why. He seemed to want it both ways: at one moment Logiudice was suggesting Jacob had snapped, lost his temper, and murdered his classmate in a sudden rage. A moment later, he was suggesting Jacob had planned the murder for weeks, deliberated coolly over the details, used the lawyerly expertise of a prosecutor’s son, then waited for his opportunity. The trouble, obviously, was that Logiudice himself had never quite been able to answer the question of motive, no matter how many theories he threw at it. The murder of Ben Rifkin just did not make sense. Even now, after months of investigation, we were asking, Why? I was sure the jury would sense Logiudice’s problem.

“When it was done, the defendant disposed of the knife. And he went off to school. He pretended to know nothing, even when the school was put in a lockdown and the police were frantically trying to solve the case. He kept his cool.

“Ah, but the defendant ought to have known, this son of a prosecutor, from his own long apprenticeship, that murder always leaves a trace. There is no such thing as an immaculate murder. Murder is messy, bloody, filthy work. Blood sprays and spatters. In the excitement of killing, mistakes are made.

“The defendant had left a fingerprint on the victim’s sweatshirt, pressed into the victim’s own wet blood-a print that could only have been made in the immediate aftermath of the murder.

“And then the lies begin to pile up. When the fingerprint is finally identified, weeks after the murder, the defendant switches his story. After denying for weeks that he knew anything about the murder, now he claims he was there but only after the murder.”

A skeptical look.

“A motive: an outcast schoolboy with a grudge against a classmate who had been teasing him.

“A weapon: the knife.

“A plan: detailed in a description of the murder written by the defendant himself.

“The physical evidence: the fingerprint on the victim’s body, in the victim’s own blood.

“Ladies and gentlemen, the evidence is overwhelming. This is a mountain of evidence. It leaves no room for doubt. When this trial is over and I have proved all the things I have just described to you, I am going to stand right here before you again, this time to ask you to do your part, to say what it obviously true, to draw the only conclusion you can: guilty. That word, guilty, will be hard to say, I promise you. It is hard for anyone to judge another. All our lives we are taught not to. ‘Judge not,’ the Bible tells us. It is especially hard when the defendant is a child. We believe fervently in the innocence of our children. We want to believe in it; we want our children to be innocent. But this child is not innocent. No. When you look at all the evidence against him, you will know in your heart of hearts there is only one just verdict in this case: guilty. Verdict, from the Latin for ‘say the truth.’ That is all I am going to ask you to do, say the truth: guilty. Guilty. Guilty. Guilty. Guilty.”

He gave them a look that was determined, righteous, imploring.

“Guilty,” he said again.

He bowed his head mournfully, then returned to his chair, where he slumped down, apparently drained or lost in thought or grieving the dead boy, Ben Rifkin.

Behind me, a woman in the audience whimpered. There were sounds of footsteps and the swinging door as she rushed out of the courtroom. I did not dare turn around to look.

My sense was that Logiudice’s opening had been quite good. It was by far the best I had ever seen him deliver. But it was not the home run he needed. There was still room for doubt. Why did he do it? The jurors must have sensed the weakness in his case, the doughnut hole at its center. That was a real problem for the prosecution, since there is no time in a trial when the state’s case looks stronger than in the opening statement, where the story is pristine and uncontradicted, before the evidence has been dinged up by the realities of a trial, bumbling friendly witnesses, expert hostile witnesses, cross-examination, and all the rest. My impression was that he had left us an opportunity.

“Defense?” the judge said.

Jonathan stood up. It struck me at the time-and still does now, when I see him-that he was one of those men whom it is easy to imagine as a boy, even in his gray-haired sixties. His hair was perpetually mussed, his coat unbuttoned, his tie and collar always a little askew, as if the whole getup were a boys’ school uniform that he wore only because the rules required it. He stood before the jury box and scratched the back of his head and his face became perplexed as he thought it all over. For all anyone knew, he had not prepared a thing to say and needed a moment to compose his thoughts. After Logiudice’s long opening, which somehow managed to seem both rehearsed and rambling, Jonathan’s rumpled spontaneity was a breath of fresh air. Now, I admire Jonathan and I like him too, so I may be placing a thumb on the scale for him, but it seemed to me, even before he opened his mouth to speak, that he was the more likeable of the two lawyers, which is no small thing. Compared with Logiudice, who seemed unable to draw a breath without calculating how it would be seen by others, Jonathan was all naturalness, all ease. Slouching in the courtroom in his lousy suit, distracted by his own thoughts, he looked as at home as a man in his pajamas in his own kitchen eating over the sink.

“You know,” he began, “I think about one thing he said, the lawyer for the government.” He waved his arm behind him in the general direction of Logiudice. “The death of a young man like Ben Rifkin is awful. Even among all the crimes, all the murders, all the terrible things we see here, it’s just tragic. He was just a boy. And all the years this boy had in front of him, all the things he might have become, the great doctor, great artist, the wise leader, it’s all lost. All lost.

“When you see a tragedy as enormous as that, you want to make it right, you want to fix it somehow. You want to see justice done. Maybe you feel angry; you want to see someone pay. We all feel these things, we’re all only human.

“But Jacob Barber is innocent. I want to say that again so there’s no misunderstanding: Jacob Barber is completely innocent. He did nothing at all, he had nothing to do with this murder. This is the wrong man.

“The evidence you just heard about, it all turns out to be nothing. The moment you scratch the surface, the moment you look at it, you understand what really happened, and the state’s case blows away like smoke. That fingerprint, for example, which the government lawyer made so much of. You will hear how that fingerprint got there, just as Jacob told the policeman who arrested him, the moment he was asked. He found his classmate lying on the ground wounded, and he did what any good person would do: he tried to help. He rolled Ben over to check on him, to see if he was okay, to help him. And when he saw Ben was dead, he did the exact same thing many of us would do: he got scared. He did not want to get involved. He worried that if he told anyone he’d seen the body, let alone touched it, he would become a suspect, he might be accused of something he did not do. Was that the right reaction? Of course not. Does he wish he had been braver and told the truth right from the start? Of course he does. But he is a boy, he is human, and he made a mistake. There’s no more to it than that.

“Don’t-”

He stopped, looked down, considered his next sentence.

“Don’t let it happen twice. One boy is dead. Don’t destroy another innocent boy to make up for it. Don’t let this case become a second tragedy. We’ve had enough tragedy already.”


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