Defending Jacob(97)



“I thought she might have left them, but I could not be sure.”

“What else did you conclude?”

“Well, there was quite a bit of blood that had been cast off during the attack. It had sprayed and also been smeared. I did not know how the attacker might have been standing, but I figured from the position of the wounds on the victim’s chest that he was probably standing right in front of him. So I figured the person we were looking for might have some blood on him. He might also have a weapon, although a knife is small and pretty easy to dispose of. But the blood was the big thing. It was a reasonably messy scene.”

“Did you make any other observations about the victim, particularly about his hands?”

“Yes, they were not cut or injured.”

“What did that suggest to you?”

“The absence of defensive wounds suggested he did not struggle or fight back against his assailant, which suggested he was either surprised or never saw the attack coming and did not have a chance to get his hands up to block the blows.”

“Suggesting he may have known his assailant?”

Jonathan levitated his butt a few inches above his chair again. “Objection. Speculation.”

“Sustained.”

“All right, what did you do next?”

“Well, the murder was still relatively fresh. The park had been sealed, and we immediately searched it to ascertain if there were any individuals in it. That search had begun before I got there.”

“And did you find anyone?”

“We found a few people who were pretty far away from the scene. No one seemed particularly suspicious. There was no indication that any of them were connected with the homicide in any way.”

“No blood on them?”

“No.”

“No knives?”

“No.”

“So it’s fair to say that in the early hours of the investigation you had no obvious suspects?”

“We had no suspects at all.”

“And over the next few days, how many suspects were you able to identify and develop?”

“None.”

“What did you do next? How did you continue the investigation?”

“Well, we interviewed everyone we could who had any information. The victim’s family and friends, anyone who might have seen anything the morning of the murder.”

“Did this include the victim’s classmates?”

“No.”

“Why not?”

“There was some delay in getting into the school. The parents in the town were concerned about us interviewing the kids. There was some discussion about whether the kids needed to have a lawyer present at the interviews and whether we could go into the school without a warrant, into the lockers and things. There was also some discussion about whether it was appropriate to use the school building for the interviews and which students we would be allowed to interview.”

“What was your reaction to all this delay?”

“Objection.”

“Overruled.”

“I was angry, to be honest. The colder a case gets, the harder it is to solve.”

“And who was running the case with you for the district attorney’s office?”

“Mr. Barber.”

“Andrew Barber, the defendant’s father?”

“Yes.”

“Did it strike you by this time that there was something inappropriate about Andy Barber working this case when his son’s school was involved?”

“Not really. I mean, I was aware of it. But it wasn’t like a Columbine thing: we didn’t necessarily have a kid-on-kid murder. We did not have any real reason to believe any of the kids at the school were involved, let alone Jacob.”

“So you never questioned Mr. Barber’s judgment in this regard, even in your own mind?”

“No, never.”

“Did you ever discuss it with him?”

“Once.”

“And would you describe that conversation?”

“I just said to Andy that, you know, just to cover your … derriere, you might want to pass this one off.”

“Because you saw a conflict of interest?”

“I saw that his kid’s school might be involved, and you never know. Why not just keep your distance?”

“And what did he say?”

“He said there was no conflict, because if his kid was ever in danger from a murderer, then that was all the more reason he would want to see the case solved. Plus, he said he felt some responsibility because he lived in the town and there weren’t many homicides there, so he figured people would be especially upset. He wanted to do the right thing for them.”

Logiudice paused at that last phrase and glared at Duffy for just an instant.

“Did Mr. Barber, the defendant’s father, ever suggest that you pursue a theory that one of Ben Rifkin’s classmates might have murdered him?”

“No. He never suggested that or ruled it out.”

“But he did not actively pursue a theory that Ben was killed by a classmate?”

“No. But you don’t ‘actively pursue’—”

“Did he try to steer the investigation in any other direction?”

“I don’t understand, ‘steer’ it?”

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