51

Piper cleared her throat as she brought the files to the lectern. She tried to adjust the microphone, and it caused loud feedback that she was certain made her blush. She cleared her throat again and said, “Dr. Brown, my name is Piper Danes, and I’m the guardian ad litem for Ms. Sophie Grace. I’d like to preface this by saying that I respect your work. You’ve given some valuable insight in your publications on complex mental conditions in children.”

“Thank you,” he responded with polite indifference.

She cleared her throat again and realized she’d done it three times now.

“Um, so you agree that mental disorders, like schizoid personality disorder and DPCD, are incredibly complex?”

“Absolutely.”

“And as such, Doctor, these disorders can lead to a variety of behavior, but they are not the sole determiners of behavior, correct?”

“I would agree, yes.”

“Thank you,” she said, unsure of her own voice. “I’ve been thinking about the defendant’s moniker in the press. Are you aware of what that is, Doctor?”

“Yes, I believe they used the term Creeper or something similar.”

“Where did that moniker originate?”

“Keep in mind I only heard this secondhand from a staff member of mine, but I believe someone online stated something akin to that he lived among the filth of the victims, like a cockroach, and that somehow developed into the Creeper.”

Russo rose. “I object to this whole line of questioning.”

The judge looked at Piper, who said, “I didn’t hear a legal argument in that objection, Judge.”

Russo glared at her. “How about improper character attack for one?”

“That does not apply to—”

The judge flinched when her voice boomed through the courtroom, and she knew she had spoken too close to the microphone.

“Sorry,” she said with a shy grin. “Um, subsection 2(a) clearly states that the guardian is not technically a party to the matter at hand, but is the spokesperson for the victim, and as such is given certain privileges not enjoyed by either party. Like allowing hearsay or leading questions on direct examination.”

“I’ll allow it. But let’s keep that in mind; you are not a party to this matter. Keep it brief.”

“Of course.” She looked back at her notes. “Cockroaches are described as survivalists, correct?”

“Objection, he’s not an entomologist.”

Piper quickly said, “He can testify as to the general understanding of cockroaches, I believe, Your Honor.”

“Overruled.”

“They are survivalists?” she said to Dr. Brown. “And by that, I mean they adapt and thrive, even in extremely hostile conditions?”

“I suppose so,” he said, his curiosity piqued.

“The moniker, we could say, is fitting then to Owen Whittaker, correct? Because despite the cruelty he faced in his life, he survived and adapted.”

“He did. But that doesn’t justify—”

“I’m not trying to justify anything, Doctor. I just want to understand. And I want the Court to understand. Can you confirm that mental illness can influence someone’s actions?”

“Certainly it influences it, yes.”

“Severe mental illness makes survival more difficult, correct? For example, last month a transient man was found dead from exposure. He had been diagnosed with schizoaffective disorder.”

“Yes, it would make survival more difficult than someone without such disorders.”

“But Mr. Whittaker obviously didn’t die. He survived his brutal environment and is here with us today.”

“He is.”

“And you would have to have a high level of competence to survive the conditions Mr. Whittaker has survived, wouldn’t you? The man who died from exposure did not survive. Mr. Whittaker’s survival shows us his capacity to make decisions, and to plan and execute ideas that helped him survive, correct?”

“Yes, it would take the ability to plan ahead at least somewhat to survive the life that Mr. Whittaker has.”

“Thank you. I’d like to ask about the Graces specifically now. Despite this disorder, Owen Whittaker hid undetected in the Grace household, correct?”

“Correct.”

“So he was able to understand and adapt to his surroundings, even strategize to avoid detection. Could that be indicative of competence?”

“Objection.” Russo was on her feet now. “This is all speculative.”

“Overruled.”

“Judge, why don’t you pull out the needle now and stick it into my client’s arm.”

“Ms. Bianchi, I will tolerate a lot but I will not tolerate disrespect. Is that clear?”

“Crystal,” she said, keeping her eyes locked on him as she sat back down.

Piper said, “It’s all right, Judge, I only have a few more questions. Dr. Brown, in your professional opinion and based on the testing done, do you believe Mr. Whittaker understands cause and effect?”

“I do. He did not wish to be detected and developed various methods to get around the homes at night. We believe he got into the Grace home when the door was left unlocked and the alarm system off because the family was home, which by itself would take planning, foresight, and stealth. So yes, I believe these actions show an understanding of cause and effect.”

“Do you believe he understands the consequences of his actions?”

“Based on my training and experience, and my hundreds of hours with patients, yes, I do believe Mr. Whittaker understands the nature and quality of his actions.”

“Thank you. No further questions.”

“Your Honor,” Russo said instantly, “may we have a meeting in chambers?”

“That’s fine. And we might as well break for lunch afterward. Court is in recess until two.”

They followed him back to his chambers again, but this time he didn’t take off his robe. He sat on the edge of his desk and folded his arms, a clear indication that he did not intend to let this continue for long.

“What is it, Counselor?”

Russo said, “We need Ms. Sophie Grace to testify.”

“What!” Piper said. The other three looked at her, and she felt heat in her face but didn’t avert her gaze.

The judge calmly said, “Why would I let the underage victim testify at a competency hearing?”

“Dr. Brown just testified that my client knows what he’s doing, that he understands the consequences of his actions. I would like Ms. Grace to take the stand and explain in detail the events of that night, and then I’d like to recall Dr. Brown to explain them to us with that understanding in mind.”

Lounger shook his head. “It’s all irrelevant. There’s video recordings of her interviews with the police. They should suffice.”

“They don’t suffice. She had just seen the dead bodies of her family and was so traumatized she could hardly speak.”

“What are you asking for really, Counselor?” the judge said.

“We do not have a good grasp of the exact actions of my client for that night because Ms. Grace hasn’t given a proper interview. If Dr. Brown is going to testify that my client understands cause and effect and the consequences of his actions, then we have a right under the Sixth Amendment to cross-examine Ms. Grace and determine what exactly his actions were that he allegedly understands the consequences of.”

Lounger looked to the judge as though he were done and wanted a ruling, so Piper stepped forward and said, “Ms. Bianchi wants to get a preview of Ms. Grace’s testimony and rattle her for trial, as well as show the prosecution that their case isn’t as strong as they think with a traumatized minor. Forcing Ms. Grace to testify is all upside for the defense. This has nothing to do with preserving Mr. Whittaker’s right to cross-examine his accusers.”

Russo said, “Well, luckily, whether this is upside or downside for us doesn’t matter. What matters is what the law says, and I would cite Harold v. Thomas , which held that the defendant has the right to cross-examine a victim at a competency hearing if the victim’s testimony is relevant to the ultimate issue of the defendant’s mental state. I would say how Mr. Whittaker acted that night, his actions, what he said, are enormously important to understanding Mr. Whittaker’s ultimate state of mind at the time of the offenses he’s charged with.”

The judge tapped his fingers against his biceps. “Any counter from the State?”

“We would submit to the Court, Judge.”

Piper stared in disbelief at Lounger. “ Harold v. Thomas also held that the right of a minor victim’s well-being had to be weighed against the defendant’s right to cross-examination and gave a two-pronged analysis, the most important prong being the safety of the minor child. I can attest as her guardian that being cross-examined at this point and time after the murders of her mother and brother would be devastating to her psychologically.”

“Nonsense,” Russo said. “Ms. Danes is not a mental health professional. We have no idea what the impact will be on Ms. Grace until she actually testifies.”

The judge thought a moment. “Here’s what I’m going to do. I’m going to examine Ms. Grace in camera myself first. I’ll gauge her ability to answer questions at that time. If Dr. Brown agrees that it is not detrimental to her mental state to be cross-examined at that juncture, I will allow the parties to ask questions. Now if you’ll excuse me, I’d like to enjoy lunch by myself.”

Piper left the judge’s chambers and picked up her satchel on the way out of the courtroom. Lazarus leaned against the wall sipping coffee out of a plastic cup. They began walking down the hall together toward the elevators.

“Lounger is one of the worst prosecutors in that office,” Piper said. “Why would they give it to him?”

“When you work for the government, you don’t want high-profile cases. If you win, you get nothing, but if you lose, the stigma stays with you. Lounger was probably too lazy to get out of it.”

They rode the elevator down. The front entrance swarmed with people hurrying to lunch, and two vendors sold fruit smoothies and sandwiches. They ordered two sandwiches. There were a few tables out, and they found the one that looked the least dirty. They ate their sandwiches in silence a moment before Lazarus spoke first.

“Russo’s good,” he said.

“She is.”

“You think she actually has a shot of having him declared incompetent?”

“I don’t know. His disorder’s so new I’m sure her expert will testify that he’s not competent. I don’t think Judge Billings will buy it, but Russo will file an appeal, and you never know what an appellate court will do.”

He took a bite of his sandwich and chewed a moment. “If he’s declared incompetent, there’s a chance he could get out at some point.”

“Not a huge chance, but a chance. He’ll also be in a minimum-security hospital, which may not be the best place for someone like him.”

Lazarus sighed, setting down his sandwich. “It’s more than just this case, Danes. If he gets out, he’ll be in the wind. We’ll never see him again. Who knows how many bodies someone like him could rack up before he’s caught again.”

The two sat in a silence a moment before Piper took a drink and said, “Riley said you went out of town the other day.”

“I did.”

“Where’d you go?”

“The Mitchells’ cabin.”

“Really? Why?”

“We gotta be sure, don’t we? Worst thing that could happen is Whittaker is working with someone else who’s still out there.”

“What’d you find?”

“I found a Fanta can in a ventilation shaft. CSI checked the rest and found food scraps he’d taken and an old blanket. He was there. What about Sophie? You really gonna let her get up on the stand?”

“I don’t have a choice. But I can’t believe the judge is making her do that. I’m thinking of filing a judicial complaint.”

He thought a moment. “I’ll be there watching.”

“Why?”

“I want to see how Sophie acts.”

“You wanna see if you think she had a part in this, you mean.”

“Whatever you wanna call it.”

“She had nothing to do with this.”

He took another bite of his sandwich and said, “We’ll see.”