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Chapter 13
L
izzie Munro would never have laid odds on the fact that one day, she’d be testifying against an Amish murder suspect. The girl was sitting at the defense table next to that high-powered attorney of hers, head bowed and hands clasped like one of those godawful Precious Moments figurines Lizzie’s mother liked to litter her windowsills with. Lizzie herself hated them-each angel too calculatedly cute, each shepherd boy too doe-eyed to be taken seriously. Similarly, looking at Katie Fisher gave Lizzie the overwhelming urge to turn away.
She focused instead on George Callahan, dapper in his dark suit. “Can you state your name and address?” he asked.
“Elizabeth Grace Munro. 1313 Grand Street, Ephrata.”
“Where are you employed?”
“At the East Paradise Township Police Department. I’m a detective-sergeant.”
George didn’t even have to ask her the questions; they’d been through this opening act so often she knew what was coming. “How long have you been a detective?”
“For the past six years. Prior to that, I was a patrol officer for five years.”
“Can you tell us a little bit about your work, Detective Munro?”
Lizzie leaned back in the witness chair-for her, a comfortable place. “For the most part, I investigate felony cases in East Paradise Township.”
“Roughly how many are there?”
“Well, we took about fifteen thousand calls last year, total. Of those, there were only a handful of felonies-mostly we see misdemeanors.”
“How many murders occurred last year?”
“None,” Lizzie answered.
“Of those fifteen thousand calls, do many take you into Amish homes?”
“No,” she said. “The Amish will call the police in if there’s theft or damage to their properties, and occasionally we’ll have to book an Amish youth for DUI or disorderly conduct, but for the most part they have a fairly minimal relationship to local law enforcement authorities.”
“Detective, could you tell us what happened on the morning of July tenth?”
Lizzie straightened in her chair. “I was at the station when someone called to report finding a dead infant in a barn. An ambulance had been dispatched to the scene, and then I went out there as well.”
“What did you find when you arrived?”
“It was about five-twenty A.M., near sunrise. The barn belonged to an Amish dairy farmer. He and his two employees were still in the barn, milking their cows. I taped the front and back door of the barn to secure the scene. I went into the tack room, where the body had been found, and spoke to the EMTs. They said the baby was newborn and premature, and couldn’t be resuscitated. I took down the names of the four men: Aaron and Elam Fisher, Samuel Stoltzfus, and Levi Esch. I asked if they’d seen anything suspicious or if they’d disturbed anything in the barn. The youngest boy, Levi, had been the one to find the baby. He hadn’t touched anything but a couple of horse blankets on top of the dead infant, which was wrapped in a boy’s shirt. Aaron Fisher, the owner of the farm, said that a pair of scissors used to cut baling twine was missing from a peg near the calving pen. All four men told me that no one had been found in the barn, and that no women in the household had been pregnant.
“After that, I went through the stalls, looking for a lead. The MCU of the state police was called in, as well. It was fairly impossible to take prints off the rough wooden beams and the hay, and any partial prints we found matched those of family members who would have had reason to be in the barn.”
“At this point, were you suspecting foul play?”
“No. I wasn’t suspecting much of anything, other than abandonment.” George nodded. “Please continue.”
“Finally, we found the site of the birth-in a corner of the calving pen fresh hay had been scattered to cover up matted blood. At the spot where the baby’s body had been discovered, we found a footprint in the dirt floor.”
“Did you determine anything about the footprint?”
“It would have belonged to a barefoot woman who wore a size seven shoe.”
“What did you do next?”
“I tried to find the woman who’d given birth. First I interviewed Aaron Fisher’s wife, Sarah. I found out that she’d had a hysterectomy nearly a decade ago, and was unable to have children. I questioned the neighbors and their two teenage girls, all of whom had alibis. By the time I got back to the farm, the Fishers’ daughter, Katie, had come downstairs. In fact, she came into the tack room where the medical examiner was with the newborn’s body.”
“What was her reaction?”
“She was very disturbed,” Lizzie said. “She ran out of the barn.”
“Did you follow her?”
“Yes. I caught up with her on the porch. I asked Ms. Fisher if she’d been pregnant, and she denied it.”
“Did that seem suspicious to you?”
“Not at all. It was what her parents had told me, too. But then I noticed blood running down her legs and pooling on the floor. Although she was reluctant, I had her forcibly removed by the EMTs and taken to the hospital for her own personal safety.”
“At this point what was running through your mind?”
“That this girl needed medical attention. But then I wondered if perhaps the defendant’s parents had never known she was pregnant-if she’d hidden the truth from them, like she’d tried to hide it from me.”
“How did you discover that she’d hidden the truth?” George asked.
“I went to the hospital and spoke to the defendant’s doctor, who confirmed that she had delivered a baby, was in critical condition, and needed emergency treatment to stop the vaginal bleeding. Once I knew that she had lied to me about the pregnancy, I got warrants to search the farm and the house, and to get a blood test and DNA from the baby and from the defendant. The next step was to match the blood in the hay of the calving pen to that of the defendant, the blood on the baby’s body to that of the defendant, and the blood type in the baby’s body to that of the defendant.”
“What came of the information you got from these warrants?”
“Underneath the defendant’s bed was a bloody nightgown. In her closet were boots and shoes in a size seven. All the lab tests positively linked the blood in the barn to the defendant, and the blood on and in the baby to the defendant.”
“What did this lead you to believe?”
Lizzie let her gaze rest lightly on Katie Fisher. “That in spite of her denial, the defendant was the mother of that baby.”
“At this point, did you believe that the defendant had killed the baby?”
“No. Murder’s rare in East Paradise, and virtually unheard of in the Amish community. I believed, at this point, that the baby was stillborn. But then the medical examiner sent me the autopsy report, and I had to refine my conclusions.”
“Why?”
“Well, for one thing, the baby had been born alive. For another, the umbilical cord had been cut by scissors-which made me think of the scissors Aaron Fisher said were missing; scissors from which we might have lifted a print. The newborn had died of asphyxia, but the medical examiner found fibers deep in the baby’s mouth that matched the shirt it had been wrapped in, suggesting that he had been smothered. That was when I realized that the defendant was a potential suspect.”
Lizzie took a sip of water from a glass perched beside the witness stand. “After that, I interviewed everyone close to the defendant, and the defendant herself. The defendant’s mother confirmed that a younger child had died many years ago, and that she had no idea her daughter was pregnant-nor any reason to think so. The father wouldn’t speak to me at all. I also interviewed Samuel Stoltzfus, one of the hired hands and coincidentally the defendant’s boyfriend. From him I learned that he’d planned to marry the defendant this fall. He also told me that the defendant had never had sexual intercourse with him.”
“What did that lead you to believe?”
Lizzie raised her brows. “At first I wondered if he’d found out that Katie Fisher had two-timed him-and if he’d smothered the baby out of revenge. But Samuel Stoltzfus lives ten miles from the Fisher farm with his parents, who confirmed that he was sleeping there during the window of time the medical examiner said death occurred. Then I began to think that maybe I had it backward-that the information pointed to the defendant, instead. I mean, here was a motive: Amish girl, Amish parents, Amish boyfriend-and she gets pregnant by someone else? That’s an excuse to hide the birth, maybe even get rid of it.”
“Did you interview anyone else?”
“Yes, Levi Esch, the second hired hand on the farm. He said that the defendant had been sneaking to Penn State for the past six years to meet with her brother. Jacob Fisher did not live like the Amish anymore, but like any other college student.”
“Why was that relevant?”
Lizzie smiled. “It’s a lot easier to meet a guy other than your Amish boyfriend when a whole new world is at your fingertips-one with booze and frat parties and Maybelline.”
“Did you speak to Jacob Fisher, too?”
“Yes, I did. He confirmed the defendant’s secret visits and said he had not known of his sister’s pregnancy. He also told me that the reason the defendant had to visit him behind her father’s back was because he was no longer welcome at home.”
George feigned confusion. “How come?”
“The Amish don’t attend school past eighth grade, but Jacob had wanted to continue his education. Breaking that rule got him excommunicated from the Amish church. Aaron Fisher took the punishment one step further, and disowned Jacob. Sarah Fisher followed her husband’s wishes, but sent her daughter to visit Jacob covertly.”
“How did this affect your thinking about the case?”
“All of a sudden,” Lizzie said, “things became more clear. If I were the defendant, and I knew that my own brother had been exiled for something as simple as studying, I’d be very careful not to break any rules. Call me crazy, but having a baby out of wedlock is a more severe infraction than reading Shakespeare on the side. That means if she didn’t find a way to hide what had happened, she was going to be tossed out of her home and her family, not to mention her church. So she concealed the pregnancy for seven months. Then she had the baby-and concealed that, too.”
“Did you determine the identity of the father?”
“We did not.”
“Did you consider any other suspects, beside the defendant?”
Lizzie sighed. “You know, I tried to. But too much didn’t add up. The birth occurred two and a half months early, in a place with no phone and no electricity-which means no one could have been called, or have known about it, unless they were living at the farm and heard the defendant’s labor. As for a stranger coming by, what’s the chance of someone dropping in unannounced at two A.M. on an Amish farm? And if a stranger did show up, why kill the baby? And why wouldn’t the defendant have mentioned this?
“So that left me with family members. But only one of them had lied about the pregnancy and birth to my face. For only one of them were the stakes frighteningly high should news of this baby get out. And for only one of them did we have evidence placing her at the scene of the crime.” Lizzie glanced at the defendant’s table. “In my opinion, the facts clearly show that Katie Fisher smothered her newborn.”
When Ellie Hathaway stood up to do her cross-examination, Lizzie squared her shoulders. She tried to remember what George had said about the attorney’s ruthlessness, her ability to worm answers out of the most stubborn witnesses. From the looks of her, Lizzie didn’t doubt it a bit. Lizzie could hold her own with the boys in the department, but Ellie Hathaway’s cropped hair and angular suit made it seem as if any of the softer edges of her personality had long been hacked away.
Which is why Lizzie nearly fell over in her seat when the attorney approached her with a genuine, friendly smile. “Did you know I used to spend summers here?”
Lizzie blinked at her. “At the courthouse?”
“No,” Ellie laughed, “contrary to popular belief. I meant in East Paradise.”
“I did not know that,” Lizzie said stiffly.
“Well, my aunt lives here. Used to own a little farm.” She grinned. “But that was before real estate taxes went as high as the new cellular towers.”
At that, Lizzie chuckled under her breath. “That’s why I rent.”
“Your Honor,” George interrupted, giving his witness a warning look, “I’m certain the jury doesn’t need to hear Ms. Hathaway’s stroll down memory lane.”
The judge nodded. “Is there a point to this, counselor?”
“Yes, Your Honor. It’s that growing up around here, you get to watch the Amish quite a bit.” She turned to Lizzie. “Wouldn’t you agree?”
“Yes.”
“You said you hadn’t booked many Amish. When was the last one?”
Lizzie backpedaled mentally. “About five months ago. A seventeen-year-old who drove his buggy into a ditch under the influence.”
“And before that? How long had it been?”
She tried, but she couldn’t remember. “I don’t know.”
“But a good length of time?”
“I’d say so,” Lizzie admitted.
“In your dealings . . . both professional and personal . . . have you found the Amish to be fairly gentle people?”
“Yes.”
“Do you know what happens when an unwed Amish girl has a baby?”
“I’ve heard that they take care of their own,” Lizzie said.
“That’s right, and Katie wouldn’t have been excommunicated-only shunned for a while. Then she’d be forgiven and welcomed back with open arms. So where’s the motive for murder?”
“In her father’s actions,” Lizzie explained. “There are ways around excommunication if you want to keep in touch with family members who’ve left the church, but Aaron Fisher didn’t allow them when he banished the defendant’s brother. That severe fact was in the back of her mind, all the time.”
“I thought you didn’t interview Mr. Fisher.”
“I didn’t.”
“Ah,” Ellie said. “So now you’re psychic?”
“I interviewed his son,” Lizzie countered.
“Talking to a son won’t tell you what’s in the father’s mind. Just like looking at a dead baby doesn’t tell you that its mother killed it, right?”
“Objection!”
“Withdrawn,” Ellie said smoothly. “Do you find it odd that an Amish woman is being accused of murder?”
Lizzie looked at George. “It’s an aberration. But the fact is, it happened.”
“Did it? Your scientific proof confirms that Katie had that baby. That’s indisputable. But does having that baby necessarily lead to killing that baby?”
“No.”
“You also mentioned that you found a footprint in the dirt near where the infant’s body was found. In your mind, this links Katie to murder?”
“Yes,” Lizzie said. “Since we know that she wears a size seven. It’s not convicting evidence in and of itself, but it certainly adds support to our theory.”
“Is there any way to prove that this specific footprint was made by Katie’s foot?”
Lizzie folded her hands together. “Not conclusively.”
“I wear a size seven shoe, Detective Munro. So theoretically, it could have been my foot that made that print, correct?”
“You weren’t in the barn that morning.”
“Did you know that a size seven adult woman’s shoe is also approximately equivalent in length to a size five child’s shoe?”
“I didn’t.”
“Did you know that Levi Stoltzfus wears a size five shoe?”
Lizzie smiled tightly. “I do now.”
“Was Levi barefoot when you arrived at the farm?”
“Yes.”
“Had Levi, by his own admission, been standing on the floor near that pile of horse blankets to reach for one when he happened to find the body of the infant?”
“Yes.”
“So is it possible that the footprint you’re chalking up to evidentiary proof of Katie committing murder actually belonged to someone else who was in the same spot for a completely innocent reason?”
“It’s possible.”
“All right,” Ellie said. “You said the umbilical cord was cut with scissors.”
“Missing scissors,” Lizzie interjected.
“If a girl was going to kill her baby, Detective, would she bother to cut the cord?”
“I have no idea.”
“What if I told you that clamping and cutting the cord prompts the reflex that makes the newborn breathe on its own? Would it make sense to do that, if you’re going to smother it a few minutes later?”
“I suppose not,” Lizzie answered evenly, “but then again, I doubt most people know that cutting the cord leads to breathing. More likely, it’s a step in the birthing process they’ve seen on TV. Or in this case, from watching farm animals.”
Taken down a peg, Ellie stepped back to regroup. “If a girl was going to kill her baby, wouldn’t it be easier to cover it up with hay and leave it to die of exposure?”
“Maybe.”
“Yet this baby was found wiped clean, lovingly wrapped. Detective, what murderous young mother is going to swab and swaddle her baby?”
“I don’t know. But it happened,” Lizzie said firmly.
“That brings me to another point,” Ellie continued. “According to your theory, Katie hid the pregnancy for seven months and sneaked into the barn to deliver the baby in absolute silence-going to great lengths to keep anyone from finding out that a baby ever existed either in utero or out. So why on earth would she leave it in a place that she knew very well would be crawling with people doing the milking a few hours later? Why not dump the baby in the pond behind the barn?”
“I don’t know.”
“Or in the manure pile, where it wouldn’t have been found for some time?”
“I don’t know.”
“There are a lot of places on an Amish farm where the body of a baby could be disposed of that are far more clever than under a pile of blankets.”
Shrugging, Lizzie replied, “No one said the defendant was clever. Just that she committed murder.”
“Murder? We’re talking basic common sense here. Why cut the cord, get the baby breathing, swaddle it, kill it-and then leave it where it’s sure to be discovered?”
Lizzie sighed. “Maybe she wasn’t thinking clearly.”
Ellie rounded on her. “And yet by the very terms of a charge of murder, you allege that she was cognizant of this act, that she premeditated this act, that she committed it with intent? Can you be deliberate and confused all at the same time?”
“I’m not a psychiatrist, Ms. Hathaway. I don’t know.”
“No,” Ellie said meaningfully. “You don’t.”
When Katie and Jacob had been small, they’d played together in the fields, zigzagging through the summer cornfields as if they were a maze. Incredible, how thick and green those walls could grow, so that she could be a foot away from her brother just on the other side, and never know it.
Once, when she was about eight, she got lost. She’d been playing follow-the-leader, but Jacob got ahead of her and disappeared. Katie had called out for him, but he was teasing her that day and wouldn’t come. She walked in circles, she grew tired and thirsty, and finally she lay down on her back on the ground. She squinted up between the slats of stalks and took comfort from the fact that this was the same old sun, the same old sky, the same familiar world she’d awakened in that morning. And eventually, feeling guilty, Jacob came and found her.
At the defense table, with a flurry of words hailing around her like a storm, Katie remembered that day in the corn.
Things had a way of working out for the best, when you let them run their course.
“The patient was brought into the ER with vaginal bleeding, and a urine pregnancy test was positive. She had a boggy uterus about twenty-four weeks’ size, and an open cervical os,” said Dr. Seaborn Blair. “We started her on a drip of pitocin to stop the bleeding. A BSU confirmed that the patient was pregnant.”
“Was the defendant cooperative about treatment?” George asked.
“Not as I recall,” Dr. Blair answered. “She was very upset about having a pelvic done-although we do see that from time to time in young women from remote areas.”
“After you treated the defendant, did you have a chance to speak to her?”
“Yes. Naturally, my first question was about the baby. It was clear that Ms. Fisher had recently delivered, yet she wasn’t brought in with a neonate.”
“What was the defendant’s explanation?”
Dr. Blair looked at Katie. “That she hadn’t had a baby.”
“Ah,” George said. “Which you knew to be medically inaccurate.”
“That’s right.”
“Did you question her further?”
“Yes, but she wouldn’t admit to the pregnancy. At that point, I suggested a psychiatric consult.”
“Did a psychiatrist ever examine the defendant at the hospital?”
“Not as far as I know,” the doctor said. “The patient wouldn’t permit it.”
“Thank you,” George finished. “Your witness.”
Ellie drummed her fingers on the defense table for a moment, then stood. “The boggy uterus, the positive BSU, the bleeding, the pelvic exam. Did these observations lead you to believe that Katie had had a baby?”
“Yes.”
“Did these observations lead you to believe that Katie had killed that baby?”
Dr. Blair glanced, again, at Katie. “No,” he said.
Dr. Carl Edgerton had been the medical examiner in Lancaster County for over fifteen years and easily fit the role, with his tufted eyebrows and white hair waving back from a central part. He’d participated in hundreds of trials, and approached every one with the same slightly irritated look on his face, one that said he’d rather be back in his lab. “Doctor,” the prosecutor said, “can you tell us the results of the autopsy on Baby Fisher?”
“Yes. He was a premature liveborn male infant with no congenital abnormalities. There was evidence of acute chorioamnionitis, as well as some meconium aspiration and early pneumonia. There were various indications of perinatal asphyxia. Additionally, there were perioral ecchymoses and intraoral cotton fibers that matched the shirt the infant was found in.”
“Let’s break that down a bit for those of us who didn’t go to med school,” George said, smiling at the jury. “When you say it was premature and liveborn, what does that mean?”
“The baby wasn’t carried to term. Its skeletal age was consistent with a gestational age of thirty-two weeks.”
“And liveborn?”
“As opposed to stillborn. The lungs of the infant were pink and aerated. Representative samples of each lower lobe, with a control sample of liver, were suspended in water. The lung tissue floated, while the liver sank-which indicates that the infant was born and breathed air.”
“How about a lack of congenital abnormalities-why is that important?”
“The baby would have been born viable. There were also no chromosomal defects and no evidence of substance abuse-all significant negative findings.”
“And the chorioamnionitis?”
“Basically, it’s an infection in the mother that led to premature delivery. Additional examination of the placenta ruled out the usual other common causes for premature labor. The cause of the chorioamnionitis was not identified because the fetal tissues and placenta were contaminated.”
“How did you know that?”
“Microbiological studies revealed diphtheroids-common contaminants-in the fetal tissues. The placenta is rarely sterile after vaginal birth, but this one had been sitting in a stable for some time before being retrieved, as well.”
George nodded. “And what is asphyxia?”
“A lack of oxygen, which eventually led to death. Petechiae-small hemorrhages-were visible on the surface of the lungs, thymus, and pericardium. A small subarachnoid hemorrhage was found on the brain. In the liver were patchy zones of necrosis of hepatocytes. These findings sound very exotic, but are seen with asphyxia.”
“What about the ecchymoses and cotton fibers?”
“Ecchymoses are small bruises, in layman’s terms. These were all approximately one to one-point-five centimeters in diameter, all surrounding the mouth. Scrapings of the oral cavity revealed fibers that matched the shirt.”
“What did these two observations lead you to believe?”
“That someone had stuffed the shirt in the infant’s mouth and attempted to cut off his air supply.”
George let that sink in for a moment. “Was the umbilical cord examined?”
“The attached portion of the umbilical cord was twenty centimeters in length, with no tie or clamp present on the cord, although the end was crushed as if a ligature had been present at some time. Fibers present on the cord stump were submitted to Trace Evidence for analysis and matched baling twine found in the barn. The cut surface of the cord was jagged, had bits of fiber on it, and indicated a small demarcation in the center.”
“Is that important?”
The doctor shrugged. “It means that whatever was used to cut the cord, most likely scissors, had a notch in one of its blades and had been used to cut baling twine.”
“Doctor, based on all this, did you determine a cause of death for Baby Fisher?”
“Yes,” Edgerton said. “Asphyxia, due to smothering.”
“Did you determine a manner of death?”
The medical examiner nodded. “Murder.”
Ellie took a deep breath, stood, and approached the medical examiner. “Dr. Edgerton, are the ecchymoses around the mouth conclusive proof of smothering?”
“The proof of smothering is in the many organs that show signs of asphyxia.”
Ellie nodded. “You mean, for example, the petechiae in the lungs. But isn’t it true that you cannot tell from an autopsy exactly when that asphyxia occurred? For example, if there was a problem with placental blood flow before or during birth, couldn’t it cause a loss of oxygen in the fetus, which would show up in the autopsy?”
“Yes.”
“What if there was a problem with placental blood flow just after birth? Might that result in signs of asphyxia?”
“Yes.”
“How about if the mother were bleeding or having trouble breathing herself during the delivery?”
The medical examiner cleared his throat. “That too.”
“What if the baby’s lungs were immature, or if it were suffering from poor circulation or pneumonia-would that lead to evidence of asphyxia?”
“Yes, it would.”
“And if the baby choked on its own mucus?”
“Yes.”
“So asphyxia may be caused by many things other than homicidal smothering?”
“That’s correct, Ms. Hathaway,” the medical examiner said. “It was the asphyxia, in conjunction with the bruises around the oral cavity and the fibers found within it, that led to my specific diagnosis.”
Ellie smiled. “Let’s talk about that. Does the evidence of a bruise prove that someone held a hand over the baby’s mouth?”
“The bruise indicates that there was local pressure applied,” Dr. Edgerton said. “Make of it what you will.”
“Well, let’s do just that. What if the baby was delivered precipitously, and landed on his face on the barn floor-might that have led to bruises?”
“It’s possible.”
“How about if the mother grabbed for the infant as it was falling after that delivery?”
“Perhaps,” the doctor conceded.
“And the fibers in the oral cavity,” Ellie continued. “Might they have come from the mother wiping mucus from the baby’s air passages, to help it breathe?”
Edgerton inclined his head. “Could be.”
“In any of those alternative scenarios, is the mother of the infant causing it harm?”
“No, she is not.”
Ellie crossed to the jury box. “You mentioned that the cultures were contaminated?”
“Yes. The lapse of time between the birth and the recovery of the placental tissue made it a culture plate, picking up bacteria.”
“The fetal tissue was also contaminated?”
“That’s correct,” Dr. Edgerton said. “By diphtheroids.”
“On what did you base your identification of these . . . diphtheroids?” Ellie asked.
“Colony and Gram’s stain morphology of the placental and fetal cultures.”
“Did you do any biochemical studies to make sure they were diphtheroids?”
“No need to.” The doctor shrugged. “Do you reread your textbooks before every case, Ms. Hathaway? I’ve been doing this for fifteen years. Believe me, I know what diphtheroids look like.”
“You’re a hundred percent sure these were diphtheroids?” Ellie pressed.
“Yes, I am.”
Ellie smiled slightly. “You also mentioned that the placenta showed signs of acute chorioamnionitis. Isn’t it true that chorioamnionitis can lead a fetus to aspirate infected amniotic fluid, and thus develop intra-uterine pneumonia-which in turn leads to septicemia and death?”
“Very, very rarely.”
“But it does happen?”
The medical examiner sighed. “Yes, but it’s a real stretch. It’s far more realistic to point to the chorioamnionitis for premature delivery, rather than cause of death.”
“Yet by your own admission,” Ellie said, “the autopsy revealed evidence of early pneumonia.”
“That’s true, but not severe enough to lead to mortality.”
“According to the autopsy report, meconium was found in the air spaces in the lungs. Isn’t that a sign of fetal distress?”
“Yes, in that the fetal stool-the meconium-was passed into the amniotic fluid and breathed into the lungs. It’s very irritating and can compromise respiration.”
Ellie crossed toward the witness. “You’ve just given us two additional reasons that this infant might have suffered from respiratory distress: early pneumonia, as well as aspirating fetal stool.”
“Yes.”
“By your own testimony, asphyxia was the cause of death for this infant.”
“Yes.”
“Isn’t it true that pneumonia and meconium aspiration-both of which are due to natural causes-would have led to asphyxia?”
Dr. Edgerton seemed amused, as if he knew exactly what Ellie was trying to do. “Maybe, Ms. Hathaway. If the smothering didn’t do the job all by itself.”
Ellie had always found the concept of a vending machine that sold hot soup and coffee a little upsetting-how long did all that liquid sit around in its insides? How did it know to give you decaf, instead of chicken broth? She stood before one in the basement of the court, hands on hips, waiting for the small Styrofoam cup to shoot out, for the steam to curl and rise.
Nothing.
“Come on,” she muttered, kicking the bottom of the vending machine. She raised a fist and thumped it on the Plexiglas for good measure. “That was fifty cents,” she said, more loudly.
A voice behind her stopped her in mid-tirade. “Remind me to never owe you money,” Coop said, his hands cupping her shoulders, his lips falling on the violin curve of her neck.
“You’d think someone would keep these maintained,” Ellie huffed, turning her back on the machine. As if that was all it took, it began to splash out hot coffee without a cup, spraying her shoes and her ankles.
“Goddamn!” she yelped, jumping out of the way, then surveying the brown stains on her light hose. “Oh, great.”
Coop sat down on a metal bridge chair. “When I was a kid my grandma used to try to make accidents happen. Knock over bottles of milk on purpose, trip over her own feet, splash her blouse with water.”
Blotting at her ankles, Ellie said, “No wonder you went into mental health.”
“Makes perfect sense, actually, provided you’re superstitious. If she had something important to do, she wanted to get the mishap out of the way. Then she’d be free and clear for the rest of the day.”
“You do know it doesn’t work that way.”
“Are you so sure?” Coop crossed his legs. “Wouldn’t it be nice to know that now since this has happened, you can walk into that courtroom and do no wrong?”
Ellie sank down beside him and sighed. “Do you know that she’s shaking?” Folding the soiled napkin in half and then in half again, she set it down on the floor beside her chair. “I can feel her trembling next to me, like she’s a tuning fork.”
“Do you want me to talk to her?”
“I don’t know,” Ellie said. “I’m afraid that bringing it up might terrify her more.”
“Psychologically speaking-”
“But we’re not, Coop. We’re speaking legally. And the most important thing is to get her through this trial without her coming apart at the seams.”
“You’re doing fine so far.”
“I haven’t done anything at all!”
“Ah, now I get it. If Katie’s this nervous just listening to testimony, what’s she going to be like when you get her up as a witness?” He rubbed Ellie’s back gently. “You must have faced skittish clients before.”
“Sure.”
“You-” Coop broke off as another attorney entered the room, nodded, and stuffed a set of quarters into the coffee vending machine. “Careful,” he warned. “It’s not toilet trained.”
Beside him, Ellie swallowed the bubble of a laugh. The attorney kicked the defective machine, cursed beneath his breath, and walked upstairs again. Ellie smiled up at Coop. “Thanks. I needed that.”
“How about this?” Coop asked, leaning forward to kiss her.
“You don’t want to kiss me.” Ellie held him at arm’s length. “I think I’m coming down with something.”
His eyes drifted shut. “I’m in a gambling mood.”
“Oh, there you are.”
At Leda’s voice, Ellie and Coop jerked away from each other. Standing on the staircase was Ellie’s aunt, with Katie in tow. “I told her you were coming right back,” Leda said, “but she wasn’t having any of it.”
Katie walked down the last few steps to stand in front of Ellie. “I need to go home now.”
“Soon, Katie. Just hang on a little longer.”
“We need to be back for the afternoon milking, and if we leave now, we’ll be able to do it. My Dat can’t manage with Levi alone.”
“We’re required to stay in court until it’s adjourned,” Ellie explained.
“Hey, Katie,” Coop interjected, “why don’t you and I go somewhere and talk for a few minutes?” He cast Ellie a sidelong glance, urging her to be compassionate.
Even at a distance, it was possible to see the tremors that ran through Katie. She ignored Coop, staring directly at Ellie instead. “Can’t you make court adjourn?”
“That’s up to the judge.” Ellie set her hand on the girl’s shoulder. “I know this is hard for you, and I-where are you going?”
“To talk to the judge. To ask her to adjourn,” Katie said stubbornly. “I can’t miss my chores.”
“You can’t just go talk to the judge. It’s not done.”
“Well, I’m gonna do it.”
“Get the judge angry,” Ellie warned, “and you’ll be missing your chores forever.”
Katie rounded on her. “Then you ask.”
“This is a new one for me, counselor,” Judge Ledbetter said. She leaned over her desk, frowning. “You’re requesting that we wrap up early today so that your client can do her chores?”
Ellie straightened her spine, her expression impassive. “Actually, Your Honor, I’m requesting that we adjourn at three P.M. every day this trial goes on.” Gritting her teeth, she added, “Believe me, Judge. If this were not germane to my client’s way of life, I wouldn’t be suggesting it.”
“Court adjourns at four-thirty, Ms. Hathaway.”
“I’m aware of that. I explained as much to my client.”
“I’m just dying to know what she had to say.”
“That the cows wouldn’t wait till then.” Ellie risked a glance toward George, who was grinning like the cat who’d eaten the canary. And why shouldn’t he be? Ellie was doing a splendid job digging her own grave without a single syllable’s contribution from him. “At issue, Your Honor, is the fact that in addition to my client, one of the sequestered witnesses is also a hired hand on the Fisher farm. For both of them to miss the afternoon milking would put undue strain on the economic affairs of the family.”
Judge Ledbetter turned toward the prosecutor. “Mr. Callahan, I assume you have something to say about this.”
“Yes, Your Honor. From what I understand the Amish don’t abide by daylight saving time. It’s one thing to run their own schedules when it doesn’t affect anyone else, but in a court of law they ought to be required to adhere to our clock. For all I know, this is some plot of Ms. Hathaway’s to point out the glaring differences between the Amish and the rest of the world.”
“It’s not a plot, George,” Ellie muttered. “It’s just lactation, pure and simple.”
“Furthermore,” the prosecutor continued, “I have one witness remaining to be questioned, and postponing his testimony would be detrimental to my case. Since it’s Friday, the jury wouldn’t be able to hear it until Monday morning, and by then any momentum that’s been building would be lost.”
“At the risk of being presumptuous, Your Honor, may I point out that in many trials I’ve participated in, schedules have been reworked at the last minute according to the whims of child care, doctor’s visits, and other emergencies that come up in the lives of the attorneys and even judges? Why not bend the rules for the defendant as well?”
“Oh, she’s done a fine job of that by herself,” George said dryly.
“Pipe down, you two,” Judge Ledbetter said. “As tempting as it is to get out of here before Friday-night traffic settles in, I’m going to deny your request, Ms. Hathaway, at least for as long as it takes the prosecution to present their case. When it’s your turn, you’re welcome to adjourn court at three P.M. if it suits you.” She turned to George. “Mr. Callahan, you may call your witness.”
“Imagine that you’re a young girl,” said Dr. Brian Riordan, the forensic psychiatric expert for the state. “You find yourself involved in an illicit relationship with a boy your parents know nothing about. You sleep with the boy, although you know better. A few weeks later, you find out you’re pregnant. You go about your daily routine, even though you’re a little more tired these days. You think the problem will take care of itself. Every time the thought crosses your mind, you shove it aside, promising you’ll deal with it tomorrow. In the meantime, you wear clothes that are a little looser; you make sure that no one embraces you too closely.
“Then one night you wake up in severe pain. You know what is happening to you, but all you care about is keeping your secret. You sneak out of the house so no one can hear you giving birth. In solitude, in silence, you deliver a baby that means nothing to you. Then the baby begins to cry. You cover its mouth with your hand, because it is going to wake everyone up. You press harder until the baby stops crying, until it is no longer moving. Then, knowing you have to get rid of it, you wrap it up in a nearby shirt and stuff it somewhere out of sight. You’re exhausted, so you go up to your bedroom to sleep, telling yourself you’ll deal with the rest tomorrow. When the police approach you the next day asking about a baby, you say you know nothing about it, just like you’ve been telling yourself all along.”
Mesmerized, the jury leaned forward, caught on the sharp, stiletto edges of the scene Riordan had crafted with words. “What about maternal instincts?” George asked.
“Women who commit neonaticide are completely detached from the pregnancy,” Riordan explained. “For them, giving birth packs all the emotional punch of passing a gallstone.”
“Do women who commit neonaticide feel badly about doing it?”
“Remorse, you mean.” Riordan pursed his lips. “Yes, they do. But only because they’re sorry their parents have seen them in such an unfavorable light-not because there’s a dead baby.”
“Dr. Riordan, how did you come to meet the defendant?”
“I was asked to evaluate her for this trial.”
“What did that entail?”
“Reading the discovery in this case, examining her responses to projective psychological tests like the Rorschach and objective tests like the MMPI, as well as meeting with the defendant personally.”
“Did you reach a conclusion as to a reasonable degree of psychiatric certainty?”
“Yes, at the time she killed the baby she knew right from wrong and was aware of her actions.” Riordan’s eyes skimmed over Katie. “This was a classic case of neonaticide. Everything about the defendant fit the profile of a woman who would murder her newborn-her upbringing, her actions, her lies.”
“How do you know she was lying?” George asked, playing devil’s advocate. “Maybe she really didn’t know that she was pregnant, or having a baby.”
“By her own statement, the defendant knew she was pregnant but made the voluntary decision to keep it secret. If you choose to act a certain way to protect yourself, it implies conscious knowledge of what you’re doing. Thus, denial and guilt are linked. Moreover, once you lie, you’re likely to lie again, which means that any of her statements about the pregnancy and birth are dubious at best. Her actions, however, tell a solid, consistent story,” Riordan said. “During our interview, the defendant admitted to waking up with labor pains and intentionally leaving her room because she didn’t want anyone to hear her. This suggests concealment. She chose the barn and went to an area that she knew had fresh hay placed in it. This suggests intent. She covered the bloody hay after the delivery, tried to keep the newborn from crying out-and the body of the newborn was found tucked beneath a stack of blankets. This suggests that she had something to hide. She got rid of the bloody nightgown she’d been wearing, got up and acted perfectly normal the next morning in front of her family, all to continue this hoax. Each of these things-acting in isolation, concealing the birth, cleaning up, pretending life is routine-indicates that the defendant knew very well what she was doing at the time she did it-and more importantly, knew what she was doing was wrong.”
“Did the defendant admit to murdering the newborn during your interview?”
“No, she says that she doesn’t remember this.”
“Then how can you be sure she did?”
Riordan shrugged. “Because amnesia is easily faked. And because, Mr. Callahan, I’ve been here before. There is a specific pattern to the events of neonaticide, and the defendant meets every criteria: She denied the pregnancy. She claims she didn’t realize she was in labor, when it first occurred. She gave birth alone. She said she didn’t kill the baby, in spite of the truth of the dead body. She gradually admitted to certain holes in her story as time went on. All of these things are landmarks in every neonaticide case I’ve ever studied, and lead me to believe that she too committed neonaticide, even if there are patches in the story she cannot apparently yet recall.” He leaned forward on the stand. “If I see something with feathers and a bill and webbed feet that quacks, I don’t have to watch it swim to know it’s a duck.”
The hardest part about changing defenses, for Ellie, had been losing Dr. Polacci as a witness. However, there was no way she could give the psychiatrist’s report to the prosecution, since it stated that Katie had killed her newborn, albeit without understanding the nature and quality of the act. This meant that any holes Ellie was going to poke in the prosecution’s argument of neonaticide had to be made now, and preferably large enough to drive a tank through. “How many women have you interviewed who’ve committed neonaticide?” Ellie asked, striding toward Dr. Riordan.
“Ten.”
“Ten!” Ellie’s eyes widened. “But you’re supposed to be an expert!”
“I am considered one. Everything’s relative.”
“So-you come across one a year?”
Riordan inclined his head. “That would be about right.”
“This profile of yours, and your claims about Katie-they’re made on the extensive experience you’ve collected by interviewing all of . . . ten people?”
“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.
• • •
When Ellie opened her eyes again, it was fully dark, and Katie was sitting on the edge of the bed. She sat up immediately, pushing her hair back from her face and squinting at the little battery-powered clock on the nightstand. “What time is it?”
“Just after ten,” Katie whispered. “You fell asleep.”
“Yeah.” Ellie ran her tongue over her fuzzy teeth. “Looks like.” She blinked her way back to consciousness, then reached over to turn up the gas lamp. “Where did you go, anyway?”
“I did the dishes and cleaned the tack.” Katie busied herself around the room, pulling the shades for the night and sitting down to unwind her neat bun.
Ellie watched Katie run a brush through her long, honey hair, her eyes clear and wide. When Ellie had first arrived and seen that look on all the faces surrounding her, she’d mistaken it for blankness, for stupidity. It had taken months for her to realize that the gaze of the Amish was not vacant, but full-brimming with a quiet peace. Even now, after a difficult beginning to the trial that would have kept most people tossing and turning, Katie was at ease.
“I know they care,” Ellie heard herself murmur.
Katie turned her head. “About the trial, you mean.”
“Yeah. My family used to yell a lot. Argue and spontaneously combust and then somehow get back together after the dust settled. This quiet-it’s still a little strange.”
“Your family yelled at you a lot, didn’t they?”
“Sometimes,” Ellie admitted. “But at least all the noise let me know they were there.” She shook her head, clearing it of the memory. “Anyway, I apologize for blowing up at dinner.” She sighed. “I don’t know what’s wrong with me.”
Katie’s brush stopped in the middle of a long stroke. “You don’t?”
“Well, no. I mean, I’m a little anxious about the trial, but if I were you I’d rather have me nervous than complacent.” She looked up at Katie, only to realize the girl’s cheeks were burning.
“What are you hiding?” Ellie asked, her stomach sinking.
“Nothing! I’m not hiding a thing!”
Ellie closed her eyes. “I’m too tired for this right now. Could you just save your confession until the morning?”
“Okay,” Katie said, too quickly.
“The hell with the morning. Tell me now.”
“You’ve been falling asleep early, like you did tonight. And you exploded at the dinner table.” Katie’s eyes gleamed as she remembered something else. “And remember this morning, in the bathroom at the court?”
“You’re right. I can blame it all on this bug I’ve caught.”
Katie set down the hairbrush and smiled shyly. “You’re not sick, Ellie. You’re pregnant.”