prosecution’s theory: that Emma Bennett’s late-night crying was simply too much for a party-minded mother who didn’t get home from the clubs until after one A.M.; that Emma’s grandmother had refused to babysit past two A.M.; and that in a drunken fit of rage, Sydney Bennett had snapped sometime before dawn, yanked her crying two-year-old child out of bed, and slapped or suffocated her into a state of unconsciousness, only to wake the next morning and find Emma not breathing. In the judge’s view, the state had demonstrated a “compelling need” to reexamine the body in order to counter the defendant’s eleventh-hour change of position-Sydney’s newly minted claim as to the “real” cause and manner of Emma’s death.
Jack’s ensuing visit to the medical examiner’s office was one that he would never forget.
Torrents of icy air gushed from the air-conditioning vents in the ceiling, making the autopsy room so cold that Jack almost had to remind himself that he was still in Florida. Bright lights glistened off the white sterile walls and buffed tile floors. Jack watched through the discerning eyes of a criminal defense lawyer as an assistant medical examiner led him to the small mound beneath a white sheet on a stainless steel table. Dr. Hugo Flynn, a pathologist, was waiting beside the table. Flynn was the expert witness for the defense.
“I think you’ll find this very interesting,” said Dr. Flynn.
The assistant stepped aside to observe from a distance, far enough away so that Jack and Dr. Flynn could talk without being overheard by a government employee. Flynn adjusted the spotlight and took hold of the corner of the sheet.
“Now, be forewarned,” he told Jack. “As you know, the body was hidden in the Everglades before it was discovered and given a proper burial. According to the autopsy report, there were no internal organs, very little of the shell of the torso remaining. Much of that was lost to predators. We are now adding to that the natural effects of almost three years of decomposition in the grave.”
“So. . what remains?”
“Bones. Hair. Teeth.”
He pulled back the lower corner of the sheet. Dr. Flynn’s powers of concentration were such that his bushy gray eyebrows had pinched together and formed one continuous caterpillar that stretched across his brow. Whatever he was examining did not even resemble a human body part to Jack, which made him uneasy. The fact that these remains were those of a child made it that much worse.
“What do you see?” asked Jack.
The doctor took a step back and sighed deeply. “The first thing you have to understand,” said Dr. Flynn, “is that even when the corpse is fresh, drowning cannot be proven by autopsy. It is a diagnosis of exclusion, based on the circumstances of death.”
“Emma Bennett’s death has some pretty vague circumstances.”
“Yes, it does. And her remains are indeed minimal.”
“So in your process of diagnosis by exclusion, what does that tell you, Doctor?”
“Not much. There is really not enough for me to rule out every other possible cause of death. But we do have something to hang our hat on.”
The doctor laid his iPad on the table and motioned Jack toward him. The image on the screen was right next to the actual remains-to what appeared to be the bones of a small foot.
“This photograph is from the autopsy report,” said Flynn. “It’s the right foot, the remains of which you see here on the table. Do you see this?” asked Flynn, adjusting the size of the image on the screen.
“I see it, but I don’t really know what I’m looking at.”
“As I mentioned, the lungs and internal organs decomposed or were eaten by scavengers while the body lay in the weeds. But as of the time of this photograph, the bottom of one foot was relatively well preserved. The extremities are away from the internal organs, slower decomposition.”
“I still don’t know what I’m supposed to see.”
“This photograph shows a rough patch of skin on the bottom of her right foot. And I believe that those striations,” Flynn said as he zoomed the image, “are abrasions.”
“Caused by what?”
“That’s where my professional opinion comes in. To me, that’s a sign of drowning.”
“I’m not following you,” said Jack.
“Abrasions of this sort can be a critically important fact if you think about what happens when you drown. Your normal reaction when the head goes underwater is to hold your breath. Eventually, you can’t do it any longer, and your body is forced to gasp for air. That presents a major problem if you can’t reach the surface.”
“Or if you panic.”
“Exactly. The victim starts gulping water into the mouth and throat, literally inhaling water into the lungs. This, of course, sends the victim into an even more frenzied panic, and the struggle becomes more desperate. If she doesn’t break the surface, her lungs continue to fill, struggling and gasping in a vicious cycle that can last several minutes, until breathing stops.”
“And these abrasions tell you what?”
“Again, the final moments of a drowning are utter terror and panic. The victim may sink and propel herself up from the bottom in the struggle. Her legs may be churning. The feet come in contact with whatever surface is below. If the surface is rough, her feet will show abrasions.”
“But Sydney’s version of events is that Emma drowned in the family swimming pool. That’s a smooth surface.”
“No, it’s not. You’re thinking of the standard white or colored plaster surfacing, which is smooth, almost slippery. The Bennett family pool has a textured, nonslip surface. My neighbors have the same thing. My kids come home with raw feet every time they swim over there. Multiply that by a factor of a thousand when a child is struggling for her life, not merely playing around in the pool.”
Jack focused his gaze on the remains, then on the photograph.
Dr. Flynn asked, “Are you okay?”
“Yeah,” said Jack. “I’m fine.”
What he wanted to say was that he was embarrassed for a moment, put off by the way his job made him stand beside the remains of a child, put all emotion aside, and slap on a label like “death by drowning.”
“That’s where your examination leads? Death by drowning?”
The doctor nodded once, but firmly. “It would be nice if we had lungs or some other body tissue to examine for traces of chlorine from the pool water, but we don’t. The medical examiner didn’t even have that three years ago, when the body was recovered. So, yes: Based on what remains, it is my expert opinion that the abrasions on the bottom of her feet as shown in the autopsy photos are consistent with death by drowning. Nothing I see in these remains contradicts that opinion.”
“Abrasions. That’s really all you got?”
“That’s more than you got now.”
The doctor had him there. “How soon can you get a written report for us?” asked Jack.
“A week. The cost of that is included in my retainer. But you should know that I charge four hundred dollars an hour if I have to testify at trial.”
“You realize that my client is indigent, right? The law allows me to submit a formal request to the Justice Administrative Commission to pay more than the guidelines specify, but even in a capital case, realistically we’re looking at about half that amount. I may end up asking you to cut your fee.”
“I don’t cut anything. My rate is four hundred dollars an hour. Period.”
Jack considered it. The battle of experts had always seemed like a game, but as his gaze drifted back to the sheet that was draped over Emma’s remains, the game seemed hardly worth playing.
“You know,” said Jack, “based on the way the state attorney has prosecuted this case, I might actually get you four hundred bucks an hour. On a net-net basis, it seems only fair.”
“How do you mean?”
“I’m beyond confident that the state of Florida will hire
“Jack, come on back.”
He looked up and saw Andie standing in the open doorway.
“Have you spoken to Celeste’s parents?” he asked, rising from the couch.
“It’s not Celeste,” said Andie.
