Текст книги "Defending Jacob"

Автор книги: William Landay

Соавторы: William Landay
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Текущая страница: 8 (всего у книги 25 страниц)

“Commonwealth,” Lard-Ass Rivera said, “I’ll hear you.”

Logiudice stood up at the prosecutor’s table. He ran his palm down the length of his tie then reached around to give the back hem of his coat a little tug. “Your Honor,” he began mournfully, “this is a heinous case.” He pronounced the word hay-eenus, and I understood that the actual reason courtrooms often have no windows is to prevent the parties from heaving lawyers out of them. Logiudice recited the facts of the case, already familiar to everyone from the last twenty-four hours of news reports, retold now with a minimum of embellishment for the torches-and-pitchforks mob beyond the camera. There was even a little singsong in his voice, as if we had all heard these facts often enough to be bored by them.

But when he reached his bail argument, Logiudice’s tone became somber. “Your Honor, we all know and have fond feelings for the defendant’s father, who is in the courtroom today. I personally have known this man. Respected and admired him. I have great affection for this man, and compassion, as we all do, I’m sure. Always the smartest man in the room. Things came so easily to him. But. But.”

“Objection.”

“Sustained.”

Logiudice turned to look at me, not by twisting his body but by snaking his neck around his own shoulder.

Things came so easily to him. Could he really have believed that?

“Mr. Logiudice,” Lard-Ass said, “I presume you know Andrew Barber is not accused of anything.”

Logiudice faced front again. “Yes, Your Honor.”

“Let’s get to the bail, then.”

“Your Honor, the Commonwealth is seeking a very high bail: five hundred thousand cash, five million surety. The Commonwealth would argue that, because of the unusual circumstances of his family situation, this defendant poses a particular risk of flight in light of the savagery of the crime, the overwhelming likelihood of conviction, and the unusual sophistication of this defendant, who has grown up in a home where criminal law is the family business.”

Logiudice went on with this horseshit for a few minutes. He seemed to have memorized his lines and was delivering them now without any particular feeling.

In my head the odd mention of me went right on playing like a countermelody. I have great affection for this man, and compassion. Always the smartest man in the room. Things came so easily to him. In the courtroom it seemed to have been received almost as a slip of the tongue, a sniffly little tribute blurted out on the spur of the moment. They were touched. They had watched this scene before: the disillusioned young apprentice sees his mentor revealed as an ordinary man or otherwise brought low, the scales fall from his eyes, etc., etc. Bullshit. Logiudice was not the type to make extemporaneous speeches, not with the camera running. I imagine he practiced this line before a mirror. The only question was what he expected to get out of it, how exactly he meant to sink the knife into Jacob.

In the end, Lard-Ass Rivera was unmoved by Logiudice’s bail argument. She set the bail where it had been since the day he was arrested, at a measly ten grand, a token number reflecting the fact that Jacob had nowhere to run and, after all, his family was known to the court.

Logiudice shrugged off the defeat. His bail argument was nothing but grandstanding anyway. “Your Honor,” he barreled on, “the Commonwealth would also raise an objection to the entry of an appearance by Mr. Klein as defense counsel in this case. Mr. Klein was previously engaged as attorney for another suspect in this homicide, a man whose name I will not mention in open court. To represent a second defendant in the same case creates a clear conflict of interest. Defense counsel would surely have been privy to confidential information from this other suspect that might impact the defense in this case. I can only imagine that the defendant is planting the seed for an appeal based on ineffective assistance if he is convicted.”

The suggestion of a sneaky trick pulled Jonathan to his feet. It was exceptionally rare for one lawyer to attack another so openly. Even in the scrum of a bitter trial, in court a formal, clubby politeness was always maintained. Jonathan was genuinely insulted. “Your Honor, if the Commonwealth had taken the time to ascertain the actual facts, he would never have made that accusation. The fact is, I was never retained by the other suspect in this case nor did I ever have any conversation with him about it. This was a client I represented years ago on an unrelated matter who called me out of the blue to come to the Newton police station where he was being questioned. My sole involvement with him in this case was to advise that he not answer any questions. As he was never accused, I never spoke to him again. I was not privy to any information, confidential or otherwise, now or in any previous matter, that bears on this case even remotely. There is no conflict of interest at all.”

“Your Honor,” Logiudice said with an unctuous shrug, “as an officer of the court, it is my duty to report an issue like this. If Mr. Klein is offended…”

“Is it your duty to deny the defendant the counsel of his choosing? Or to call him a liar before the case even begins?”

“All right,” Lard-Ass said, “both of you. Mr. Logiudice, the Commonwealth’s objection to the entry of Mr. Klein’s appearance as counsel is noted and overruled.” She glanced up from her papers and eyed him over the top of the judge’s bench. “Don’t get carried away.”

Logiudice limited his response to a pantomime of disagreement-a tip of the head, eyebrows raised-so as not to provoke the judge. But in the shadow trial of public opinion, he had probably scored a point. In the next day’s papers, on talk radio, on the Internet chat boards that dissected the case, they would be discussing whether Jacob Barber was trying to pull a fast one. Anyway, it was never Logiudice’s intention to be liked.

“I’m sending this case out to Judge French for trial,” Lard-Ass Rivera said with finality. She flipped the file toward the clerk. “We’ll recess for ten minutes.” She frowned at the cameraman and the reporters in the back and-I may have imagined this-at Logiudice.

The bail was arranged quickly, and Jacob was released to us. Together we left the courthouse through a gauntlet of reporters that seemed to have grown since we arrived. Grown more aggressive too: out on Thorndike Street, they tried to stop us by standing in our path. Somebody-it may have been a reporter, though no one saw him-pushed Jacob in the chest, knocking him back a few steps, trying to elicit a response. Jacob gave none. His blank face never wavered. Even the more polite ones had a slippery tactic to get us to stop and talk: they asked, “Can you just tell us what happened in there?” as if they did not know, as if the whole thing had not been broadcast to them via the live video feed and text messages from their colleagues.

By the time we rounded the corner and drove up to our home, we were exhausted. Laurie in particular looked wrung out. Her hair was beginning to craze in the humidity. Her face looked drawn. Since the catastrophe, she had been losing weight steadily and her lovely heart-shaped face was becoming gaunt. As I began to turn the car into the driveway, Laurie gasped, “Oh my God,” and clapped her hand over her mouth.

There was graffiti on the front of our house, drawn with a thick black marker. MURDERER WE HATE YOU ROT IN HELL

The letters were big, blocky, and neat, written in no particular haste. Our house was faced with tan shingles, and the edges of these shingles caused the pen to skip as it crossed from one to the next. Otherwise it had been done carefully, in broad daylight, while we were gone. The graffiti had not been there when we left that morning, I am sure of that.

I looked up and down the street. The sidewalks were empty. Down the block a gardening crew had parked a truck, and their mowers and leaf blowers buzzed loudly. No sign of neighbors. No people at all. Just neat green lawns, rhododendrons blooming pink and purple, a cordon of big old maples running the length of the block, shading the street.

Laurie jumped out and ran into the house, leaving Jacob and me to stare at the graffiti.

“Don’t let them get to you, Jake. They’re just trying to scare you.”

“I know.”

“This is just one idiot. That’s all it takes is one idiot. It’s not everyone. It’s not how people feel.”

“Yes, it is.”

“Not everyone.”

“Of course it is. It’s okay, Dad. I don’t really care.”

I twisted to look at him in the back seat. “Really? This doesn’t bother you?”

“No.” He sat with his arms crossed, eyes narrow, lips tight.

“If it did, you’d tell me, right?”

“I guess.”

“Because it’s okay to feel… hurt. You know that?”

He frowned disdainfully and shook his head, like an emperor declining to grant an indulgence. They can’t hurt me.

“So tell me. What are you feeling inside, Jake, right now, this minute?”

“Nothing.”

“Nothing? That’s not possible.”

“Like you said, it’s just one asshole. One idiot, whatever. I mean, it’s not like kids have never said anything bad about me, Dad. They do it to my face. What do you think school is? This”-he gestured with his chin toward the graffiti on the house-“this is just a different platform.”

I gazed at him a moment. He did not move, except that his eyes traveled from me to the passenger window. I patted his knee, though it was awkward to reach and the best I could manage was to tap my fingertip against the hard bone of his kneecap. It occurred to me that I had given him the wrong advice the night before, when I had told him to “be strong.” I was telling him, in so many words, to be like me. But now that I saw he had taken my words to heart and swaddled himself in theatrical toughness, like an adolescent Clint Eastwood, I regretted the comment. I wanted the other Jacob, my goofy, awkward son, to show his face again. But it was too late. Anyway, his tough-guy act was oddly moving to me.

“You’re a great kid, Jake. I’m proud of you. I mean, the way you stood up there today, now this. You’re a good kid.”

He snorted. “Yeah, okay, Dad.”

Inside I found Laurie on her hands and knees rummaging through the cleaning supplies in the cabinet under the kitchen sink. She was still wearing the navy skirt she wore to court.

“Just leave it, Laurie. I’ll take care of it. You go rest.”

“You’ll take care of it when?”

“Whenever you want.”

“You say you’ll take care of things and then you don’t. I don’t want that thing on my house. Not for one more minute. I’m not going to just leave it there.”

“I said I’ll take care of it. Please. Go rest.”

“How can I rest, Andy, with that thing? Honestly. Did you see what they wrote? On our home! On our home, Andy, and you want me to just go rest? Great. This is just great. They walk right up and write on our house and nobody says anything, nobody lifts a finger, not one of our fucking neighbors.” She enunciated the expletive meticulously, right down to the final G, as people who are not used to swearing often do. “We should call the cops. It’s a crime, isn’t it? It is a crime, I know it is. It’s vandalism. Should we call the cops?”

“No. We’re not calling the cops.”

“No. Of course not.”

She came up with a bottle of Fantastik, then snatched up a dish towel and soaked it under the faucet.

“Laurie, please, let me do this. Let me help you, at least.”

“Would you just stop? I said I’ll do it.”

She had taken off her shoes and she marched out like that, barefoot in her nylons, and she scrubbed and scrubbed and scrubbed.

I went out with her, but there was nothing for me to do except watch.

Her hair bounced to the vigorous movements of her arm. Her eyes were wet and her face flushed.

“Can I help, Laurie?”

“No. I’ll do it.”

At length, I gave up watching and went back in. I heard her scruffing against the side of the house for a long time. She succeeded in rubbing out the words, but the ink left a gray cloud on the paint. It is still there today.

10

Leopards

Jonathan’s office was a little warren of cluttered rooms in a century-old Victorian near Harvard Square. The practice was essentially a one-man operation. He did have an associate, a young woman named Ellen Curtice who was just out of Suffolk Law. But he used her only as a stand-in on days when he could not be in court himself (usually because he was held on trial elsewhere) and to handle basic legal research. It was understood, apparently, that Ellen would move on when she was ready to launch her own practice. For now, she was a vaguely disconcerting presence in the office, a mostly silent, dark-eyed observer of the clients who came and went, the murderers, rapists, thieves, child molesters, tax evaders, and all their cursed families. There was a bit of Northampton about her, a bit of the college kid’s orthodox radicalism. I imagined she judged Jacob harshly-the suburban rich kid who pissed away all the advantages he had lucked into, something like that-but her behavior gave nothing away. Ellen treated us with elaborate politeness. She insisted on calling me Mister Barber and offered to take my coat whenever I showed up, as if any hint of intimacy would undermine her neutral pose.

The only other member of Jonathan’s team was Mrs. Wurtz, who kept the books, answered the phone, and, when she could no longer stand the mess, reluctantly scrubbed the kitchen and bathroom while murmuring murder under her breath. She bore an uncanny resemblance to my mother.

The best room in the office was the library. It had a red-brick fireplace and bookcases lined with familiar old law books: the honey bindings of the Massachusetts and federal case reports, the army-green Mass. Appeals reports, the wine red of the old Mass. Practice series.

It was in this warm little den that we gathered just a few hours after Jacob’s arraignment, in early afternoon, to discuss the case. We three Barbers sat around an old circular oak table with Jonathan. Ellen was there too, scribbling notes on a yellow legal pad.

Jacob wore a burgundy hoodie that had the logo of a clothing company on the chest, a silhouette of a rhino. As the meeting began, he slumped in his chair with the cavernous hood over his head like a druid. I told him, “Jacob, take your hood off. Don’t be disrespectful.” He slipped it off with a sulky flip and sat there with an absent expression, as if the meeting was a matter for grown-ups that held little interest for him.

Laurie, in her sexy schoolmarm glasses and a lightweight fleece pullover, looked like a thousand other suburban soccer moms, except for the shock-hammered look in her eyes. She asked for a legal pad of her own and gamely made ready to take notes along with Ellen. Laurie seemed determined to keep her head-to think her way out of the maze, to remain clearheaded and industrious even in this surreal dream. She might have had an easier time of it, honestly, if she had not been so engaged. The stupid and belligerent have it easy in these situations; they can simply stop thinking and gird for battle, trust to the experts and to fate, insisting that everything will turn out right in the end. Laurie was neither stupid nor belligerent, and in the end she paid an awful price-but I am getting ahead of the story. For the moment, seeing her with her pad and pen inevitably reminded me of our college days, when Laurie was a bit of a grind, at least compared to me. We rarely took classes together. Our interests were not the same-I was drawn to history, Laurie to psych, English, and film-and anyway we did not want to become one of those nauseating inseparable couples that mooned around campus side by side like Siamese twins. In four years, the one class we shared was Edmund Morgan’s intro to early American history, which we took freshman year when we’d just started dating. I used to steal Laurie’s notebook before exams to catch up on the lectures I’d skipped. I remember gaping at her class notes, page after page of neat cursive. She captured long phrases from the lectures verbatim, broke the lectures down into branching concepts and subconcepts, added her own thoughts as she went. There were few of the cross-outs or scribbles or snaking arrows that filled my sloppy, frantic, clownish class notes. In fact, that notebook from Edmund Morgan’s lectures was part of the revelation of meeting Laurie. What struck me was not just that she was probably smarter than me. Coming from a small town-Watertown, New York-I was prepared for that. I fully expected Yale to be swarming with brainy, worldly kids like Laurie Gold. I had studied up on them by reading Salinger stories and watching Love Story and The Paper Chase. No, the epiphany I had looking at Laurie’s notebook was not that she was smart but that she was unknowable. She was every bit as complex as I was. As a kid, I had always believed there was a special drama about being Andy Barber, but the interior experience of being Laurie Gold must have been just as fraught with secrets and sorrows. She would always be a mystery, as all other people are. Try as I might to penetrate her, by talking, kissing, stabbing myself into her, the best I would ever do was to know her just a little. It is a childish realization, I admit-no one worth knowing can be quite known, no one worth possessing can be quite possessed-but after all, we were children.

“Well,” Jonathan said, looking up from his papers, “this is just the initial package from Neal Logiudice. All I have here is the indictment and some of the police reports, so obviously we don’t have all the prosecution’s evidence yet. But we have a general picture of the case against Jacob. We can begin talking, at least, and try to get a general picture of what the trial will look like. We can start to figure out what we need to do between now and then.

“Jacob, before we begin, I want to say a couple of things to you in particular.”

“Okay.”

“First, you’re the client here. That means that, as far as possible, you are the decision maker. Not your parents, not me, not anyone else. This is your case. You are always in control. Nothing is going to happen here that you don’t agree with. Okay?”

“Okay.”

“To the extent you want to leave the decision-making up to your mom and dad or to me, that’s perfectly understandable. But you should not feel like you don’t have a say in your own case. The law is treating you as an adult. For better or worse, by law in Massachusetts every kid your age charged with first-degree murder is charged as an adult. So I’m going to do my best to treat you as an adult too. Okay?”

Jacob said, “ ’Kay.”

Not a wasted syllable. If Jonathan was expecting an outpouring of gratitude, he had the wrong kid.

“The other thing is, I don’t want you to feel overwhelmed. I want to warn you: in every case like this, there’s an ‘oh shit’ moment. That’s when you look up at the case against you, you see all the evidence, all the people on the DA’s team, you hear all the things the DA is saying in court, and you panic. You feel hopeless. Deep down, a little voice says, ‘Oh shit!’ I want you to understand, it happens every time. If it hasn’t hit you yet, it will. And what I want you to remember, when that ‘oh shit’ feeling hits, is that we have enough resources right here in this room to win. There’s no reason to panic. It does not matter how big the DA’s team is, it doesn’t matter how strong the DA’s case looks, or how confident Logiudice seems. We are not outgunned. We do need to stay cool. And if we do, we have everything we need to win. Now, do you believe that?”

“I don’t know. Not really, I guess.”

“Well, I’m telling you it’s true.”

Jacob’s eyes dropped to his lap.

A microexpression, a disappointed pucker, fluttered across Jonathan’s face.

So much for the pep talk.

Giving up, he slipped on his half-moon glasses and paged through the papers in front of him, mostly photocopies of police reports and the “statement of the case” filed by Logiudice, which laid out the essentials of the government’s evidence. Without his jacket, wearing the same black turtleneck he’d worn in court, Jonathan’s shoulders looked slight and bony.

“The theory,” he said, “seems to be that Ben Rifkin was bullying you, therefore you got a knife and, when the opportunity presented itself or perhaps when the victim bullied you one time too many, you took your revenge. There don’t seem to be any direct witnesses. A woman who was walking in Cold Spring Park places you in the area that morning. Another walker in the park heard the victim cry out, ‘Stop, you’re hurting me,’ but she didn’t actually see anything. And a fellow student-that’s Logiudice’s phrase, a fellow student – alleges you had a knife. That fellow student is not named in the reports I have here. Jacob, any idea who that is?”

“It’s Derek. Derek Yoo.”

“Why do you say that?”

“He said the same thing on Facebook. He’s been saying it for a while.”

Jonathan nodded but did not ask the obvious question: Is it true?

“Well,” he said, “it’s a very circumstantial case. There’s the thumbprint, which I want to talk about. But fingerprints are a very limited kind of evidence. There is no way to tell exactly when or how a fingerprint got there. There’s often an innocent explanation.”

He dropped this remark in an offhand way, without looking up.

I squirmed.

Laurie said, “There is something else.” A beat, a curious feeling in the room.

Laurie glanced around the table apprehensively. Her voice was momentarily husky, congested. “What if they say Jacob inherited something, like a disease?”

“I don’t understand. Inherited what?”

“Violence.”

Jacob: “What!?”

“I don’t know if my husband has told you: there is a history of violence in our family. Apparently.”

I noticed that she said our family, plural. I clung to that to prevent myself from falling off a cliff.

Jonathan sat back and slipped off his glasses, let them dangle from the lanyard. He looked at her with a puzzled expression.

“Not Andy and me,” Laurie said. “Jacob’s grandfather, his great-grandfather, great-great-grandfather. Et cetera.”

Jacob: “Mom, what are you talking about?”

“I’m just wondering, could they say Jacob has a… a tendency? A… genetic tendency?”

“What sort of tendency?”

“To violence.”

“A genetic tendency to violence? No. Of course not.” Jonathan shook his head, then his curiosity got the better of him. “Whose father and grandfather are we talking about?”

“Mine.”

I felt myself redden, the warmth rising in my cheeks, my ears. I was ashamed, then ashamed at feeling ashamed, at my lack of self-command. Then ashamed, again, that Jonathan was watching my son learn of this in real time, exposing me as a liar, a bad father. Only last was I ashamed in my son’s eyes.

Jonathan looked away from me, pointedly, allowing me to recover myself. “No, Laurie, that sort of evidence would definitely not be admissible. Anyway, as far as I know, there is no such thing as a genetic tendency to violence. If Andy really does have violence in his family background, then his own good nature and his life prove that the tendency doesn’t exist.” He glanced at me to be sure I heard the confidence in his voice.

“It’s not Andy that I doubt. It’s the DA, Logiudice. What if he finds out? I Googled it this morning. There have been cases where this sort of DNA evidence has been used. They say it makes the defendant aggressive. They called it ‘the murder gene.’ ”

“That’s ridiculous. ‘The murder gene’! You certainly did not find any cases like that in Massachusetts.”

“No.”

I volunteered, “Jonathan, she’s upset. We just talked about this last night. It’s my fault. I shouldn’t have put all this on her right now.”

Laurie held herself erect to demonstrate how wrong I was. She was in control, not reacting wildly out of emotion.

In a comforting tone, Jonathan said, “Laurie, all I can tell you is that if they do try to raise that as an issue, we’ll fight it tooth and nail. It’s insane.” Jonathan snorted and shook his head, which for a soft-spoken guy like him was a rather violent outburst.

And even now, looking back on that moment when the idea of a “murder gene” was first raised, by Laurie of all people, I feel my back stiffen, I feel the anger ooze up my spine. The murder gene was not just a contemptible idea and a slander-though it absolutely was both of those things. It also offended me as a lawyer. I saw right away the backwardness of it, the way it warped the real science of DNA and the genetic component of behavior, and overlaid it with the junk science of sleazy lawyers, the cynical science-lite language whose actual purpose was to manipulate juries, to fool them with the sheen of scientific certainty. The murder gene was a lie. A lawyer’s con game.

It was also a deeply subversive idea. It undercut the whole premise of the criminal law. In court, the thing we punish is the criminal intention-the mens rea, the guilty mind. There is an ancient rule: actus non facit reum nisi mens sit rea – “the act does not create guilt unless the mind is also guilty.” That is why we do not convict children, drunks, and schizophrenics: they are incapable of deciding to commit their crimes with a true understanding of the significance of their actions. Free will is as important to the law as it is to religion or any other code of morality. We do not punish the leopard for its wildness. Would Logiudice have the balls to make the argument anyway? “Born bad”? I was sure he would try. Whether or not it was good science or good law, he would whisper it in the jury’s ear like a gossip passing a secret. He would find a way.

In the end Laurie was right, of course: the murder gene would haunt us, if not quite the way she anticipated. But in that first meeting, Jonathan-and I-trained in the humanist tradition of the law, instinctively rejected it. We laughed it off. The idea had got ahold of Laurie’s imagination, though, and Jacob’s too.

My son’s jaw literally hung open. “Is somebody going to tell me what you guys are talking about?”

“Jake,” I began. But the words did not come.

“What? Somebody tell me!”

“My father is in prison. He has been for a long time.”

“But you never knew your father.”

“That’s not entirely true.”

“But you said. You’ve always said.”

“I did, I said. I’m sorry for that. I never really knew him, that was true. But I knew who he was.”

“You lied to me?”

“I didn’t tell you the whole truth.”

“You lied.”

I shook my head. All the reasons, all the things I had felt as a kid, seemed ridiculous and inadequate now. “I don’t know.”

“Jeez. What did he do?”

Deep breath. “He killed a girl.”

“How? Why? What happened?”

“I don’t really want to talk about it.”

“You don’t want to talk about it? No shit you don’t want to talk about it!”

“He was a bad guy, Jacob, that’s all. Let’s just leave it at that.”

“How come you never told me?”

“Jacob,” Laurie cut in softly, “I never knew either. I only found out last night.” She laid her hand on Jacob’s and rustled it. “It’s okay. We’re still kind of figuring out how to process all this. Try to stay calm, okay?”

“It’s just-it can’t be true. How come you never told me? This is my-what? – my grandfather? How could you keep that from me? Who do you think you are?”

“Jacob. Watch how you talk to your father.”

“No, it’s okay, Laurie. He’s got a right to be upset.”

“I am upset!”

“Jacob, I never told you-I never told anyone-because I was afraid people would look at me differently. And now I’m afraid it’s how people are going to look at you too. I didn’t want that to happen. Someday, maybe someday very soon, you’ll understand.”

He gawped at me, unsatisfied.

“I didn’t mean for it to come to all this. I wanted-I wanted to move past it.”

“But Dad, it’s who I am.”

“That’s not how I looked at it.”

“I had a right to know.”

“That’s not how I looked at it, Jake.”

“I didn’t have a right to know? About my own family?”

“You had a right to not know. You had a right to start with a blank slate, to be whatever you wanted to be, same as every other kid.”

“But I wasn’t the same as every other kid.”

“Of course you were.”

Laurie looked away.

Jacob tossed himself backward in his chair. He seemed more shocked than aggrieved. The questions, the complaints, were just a way to channel his emotion. He sat there awhile, deep in thought. “I don’t be lieve it,” he said, bewildered. “I just don’t believe it. I don’t believe you did that.”

“Look, Jacob, if you want to be mad at me for lying, okay. But my intentions were good. I did this for you. Even before you were born, I did it for you.”

“Oh, come on. You did it for yourself.”

“I did it for myself, yes, and for my son, for the son I hoped I was going to have someday, to make things a little easier for him. For you.”

“It didn’t work out so great, did it?”

“I think it did. I think your life has been easier than it would have been. I certainly hope so. It’s been easier than mine was, that’s for sure.”

“Dad, look where we are.”

“So?”

He said nothing.

Laurie offered, in a honeyed voice, “Jacob, we need to be careful how we talk to each other, okay? Try to understand your father’s position even if you disagree with it. Put yourself in his shoes.”

“Mom, you’re the one who said it: I have the murder gene.”

“I did not say that, Jacob.”

“You implied it. Of course you did!”

“Jacob, you know I didn’t say that. I don’t even think there is such a thing. I was talking about other trials I read about.”

“Mom, it’s okay. It’s just a fact. If you weren’t concerned about it, you wouldn’t have Googled it.”

“A fact? How do you know it’s a fact, all of a sudden?”

“Mom, let me ask you something: why do people only want to talk about inheriting good things? When an athlete has a kid who’s good at sports, nobody has any problem saying the kid inherited his talent. When a musician has a musical kid, when a professor has a smart kid, whatever. What’s the difference?”

“I don’t know, Jacob. It’s just different.”

Jonathan-who had not spoken in so long I had almost forgotten he was present-said calmly, “The difference is it’s not a crime to be athletic or musical or smart. We need to be very careful about locking people up for what they are rather than what they do. There is a very long ugly history of that sort of thing.”