'Yes,' Lane said firmly. 'In fact, we can find no evidence that Rennell Price ever had sexual relations— consensual or forcible—with anyone. In this sense, as well, it seems that Rennell is innocent.'
Pell folded his arms, a portrait of frustration. 'As I comprehend it,' Lane continued, 'the purpose of this proceeding is to determine whether we can—or should—execute Rennell Price on the basis of the legal system's understanding of him fifteen years ago.' Turning to Pell, he finished softly, 'Our obligation is to understand him now. You're correct, Mr. Pell, that I wasn't present at the murder of Thuy Sen. But based on my understanding of him, neither was Rennell. And even if he were 'present,' in a more profound sense he wasn't. To execute him would be a crime.'
'Thank you,' Terri said and sat, satisfied that she and Anthony Lane had accomplished everything they could.
TEN
WHEN THE HEARING RESUMED THE NEXT MORNING, THUY SEN'S father, mother, and sister—at the request, Terri was certain, of Larry Pell—were seated in the front row with Ellen Sutter, a prominent advocate of victims' rights whose four-year-old son had been murdered by a pedophile. Bond's persistent glances toward Sutter and the Sens made Terri uneasy.
She forced herself to concentrate on Pell. Standing a respectful distance from Anthony Lane, Pell inquired, 'How many times, Dr. Lane, have you testified with respect to the mental condition of a man charged with—or convicted of—a crime which carried the penalty of death?'
Lane squinted at the ceiling, seeming to conduct a mental count. 'Upwards of thirty.'
'In how many of those cases did you testify for the prosecution?'
'None.'
'Is there a reason?'
Lane regarded him with a neutral look, neither hostile nor ingratiating. 'Too many prosecutors view the mental condition of a defendant simply as an impediment to execution. That's not my orientation.'
'How would you define your orientation?'
'To form my opinions as objectively as possible.'
In the front row, Terri saw Meng Sen fold his arms, signaling his disapproval. Sitting between her husband and her daughter, Chou Sen clasped Kim's hand. But Thuy Sen's sister looked waxen and far away. 'Is it objective,' Pell demanded, 'never to testify for the State?'
'That's not the issue, Mr. Pell. It's objective to refuse to testify for a defendant whose mental condition—in my professional opinion—does not support his claims. Which I've done.'
'In how many cases?'
'Ten, at least.'
Pell paused, seeming to make his own mathematical calculation. 'In other words, Dr. Lane, in roughly three- quarters of the cases brought to you by defense lawyers, you believed that the defendant was mentally unfit to execute.'
Lane curled one hand in the fingers of another. 'That sounds about right,' he answered. 'But the death row population is far more troubled than the average run of citizens. And the lawyers I've worked with know better than to bring me a bogus claim.'
'But what makes a bogus claim,' Pell countered, 'is subjective. Do you have a moral position on the death penalty?'
Bond glanced at Terri, expecting an objection. But she did not move or change expression. 'Yes,' Lane answered. 'I'm opposed to it.'
'In all cases?'
'Yes.'
'Even with respect to serial killers?'
'Yes.'
Pell skipped a beat. 'Or child molesters?'
'Yes.' Lane leaned forward. 'I don't believe that we, as humans, are equipped to understand, or to judge, why people commit crimes that society rightly considers despicable. Or, in any given case, if they did. Therefore, I'm uneasy with capital punishment, especially when one alternative is life without parole in a maximum-security prison. But these are my personal beliefs.
'What you're asking by insinuation is whether those beliefs affect my testimony in this case.' Pausing, Lane said emphatically. 'They do not. Capital punishment is the law. I have an obligation to this Court—and every court —to testify within the legal standards which govern whether we execute a chosen individual. When I took the oath yesterday, I left my personal opinions behind.'
'Good answer,' Carlo murmured. But in Terri's judgment, Larry Pell had done precisely what he intended—to drain Lane's depiction of Rennell of its force, and to bring its credibility into question. She found Bond's silence worrisome.
'All right,' Pell said to Lane abruptly, 'you assert that Rennell Price has an IQ of seventy-two, while admitting that the accepted professional measure of retardation is seventy—at the high end. Is it also true that Rennell's IQ could actually be seventy-seven?'
'Or sixty-seven. The standard range of error is plus or minus five.' Lane glanced at the judge. 'As I said, IQ is a social measure rather than merely a numerical one. You have to look at Rennell's adaptive skills and state of functioning.'
'What level of adaptive skills does it take to force a child into oral copulation?'
