“He was in school just minutes after the murder, we know that, right?”
“Yes.”
“When does school start at the McCormick?”
“Eight thirty-five.”
“And when was the time of the murder, according to the M.E., if you know?”
“Sometime between eight and eight-thirty.”
“But Jacob was in his seat in school at eight thirty-five with no blood on him at all?”
“Yes.”
“And if I were to suggest to you, hypothetically, that the story Jacob wrote that impressed you so much-that you described as virtually a written confession-if I were to show you evidence that Jacob did not make up the facts in that story, that all the details in the story were already well known among the students at the McCormick School, would that affect your thinking about how important it was as evidence?”
“Yes.”
“Yes, of course!”
Duffy looked at him poker-faced. His job here was to say as little as possible, to pare away every extra word. Volunteering details could only help the defense.
“Now, on this question of Andy Barber’s role in the investigation, are you suggesting that your friend Andy did anything wrong or inappropriate here?”
“No.”
“Can you point to any errors or suspicious decisions he made?”
“No.”
“Anything you questioned then or now?”
“No.”
“There was some mention of this man Leonard Patz. Even knowing what we know now, does it seem inappropriate to you that Patz was once considered a legitimate suspect?”
“No.”
“No, because in the early stages of an investigation, you pursue every reasonable lead, you cast your net as wide as possible, isn’t that right?”
“Yes.”
“In fact, if I told you that Andy Barber still believes that Patz was the real killer in this case, would that surprise you, Lieutenant?”
Duffy made a little frown. “No. That’s what he always believed.”
“Isn’t it also true that you were the detective who brought Leonard Patz to Mr. Barber’s attention in the first place?”
“Yes, but-”
“And was Andy Barber’s judgment about homicide investigations generally reliable?”
“Yes.”
“Did it seem odd to you in any way that Andy Barber wanted to pursue an investigation of Leonard Patz for Ben Rifkin’s murder?”
“Odd? No. It made sense, based on the limited information we had at the time.”
“And yet the investigation of Patz was never seriously pursued, was it?”
“It was stopped once the decision was made to indict Jacob Barber, yes.”
“And who made that decision, to stop focusing on Patz?”
“The district attorney, Lynn Canavan.”
“Did she make that decision alone?”
“No, I believe she was advised by Mr. Logiudice.”
“Was there any evidence at the time that excluded Leonard Patz as a suspect?”
“No.”
“Has any evidence ever come up that clears him directly?”
“No.”
“No. Because that angle was simply dropped, wasn’t it?”
“I suppose.”
“It was dropped because Mr. Logiudice wanted it dropped, no?”
“There was a discussion among all the investigators, including the district attorney and Mr. Logiudice-”
“It was dropped because in that discussion Mr. Logiudice pushed to have it dropped, isn’t that right?”
“Well, we’re here now, so obviously yes.” There was a trace of exasperation in Duffy’s voice.
“So, even knowing what we know now, do you have any doubts about your friend Andrew Barber’s integrity?”
“No.” Duffy thought about it, or pretended to. “No, I don’t think Andy ever had any suspicions about Jacob.”
“You don’t think Andy suspected anything?”
“No.”
“The boy’s own father, who lived with him his whole life? He did not know anything?”
Duffy shrugged. “I can’t say for sure. But I don’t think so.”
“How is it possible to live with a child for fourteen years and know so little about him?”
“I can’t say for sure.”
“No. In fact, you’ve known Jacob all his life too, haven’t you?”
“Yes.”
“And initially you had no suspicions about Jacob either, did you?”
“No.”
“In all those years, it never seemed to you there was anything dangerous about Jacob? You had no reason to suspect him, did you?”
“No.”
“No, of course not.”
“Objection. Request that Mr. Klein not add his own commentary to the witness’s answers.”
“Sustained.”
“My apologies,” Jonathan said with a great show of insincerity. “Nothing further.”
The judge: “Mr. Logiudice. Redirect?”
Logiudice considered. He might have left it there. Certainly he had enough to argue to the jury that I was crooked and had hijacked the investigation to cover for my crazy kid. Hell, he did not even have to argue it; the jury had heard it intimated several times in testimony. In any event, I was not the one on trial here. He could have just taken his winnings and moved on. But he was puffed up from his newfound momentum. You could see in his face that he felt himself in the grip of a grand inspiration. He seemed to believe the kill shot was right there within reach. Another little boy in a grown-up’s body, unable to resist the cookie jar in front of him.
“Yes, Your Honor,” he said, and went to a spot directly in front of the witness stand.
A little rustle in the courtroom.
“Detective Duffy, you say you have no reservations at all about the way Andrew Barber conducted this case?”
“That’s right.”
“Because he didn’t know anything, isn’t that right?”
“Yes.”
“Objection. Leading. This is a prosecution witness.”
“He can have it.”
“And how long would you say you’ve known Andy Barber, how many years?”
“Objection. Relevance.”
“Overruled.”
“I guess I’ve known Andy over twenty years.”
“So you know him pretty well?”
“Yes.”
