Jacob fans a little faster.
--Was he placed under arrest?||
--No,|| the detective says.
--Was he brought in a cruiser?||
--No.||
--Did a police officer accompany his mother to the police department?||
--No. She brought her son in voluntarily.||
--What did you say when you saw him there?||
--I asked if he could help me with some cases.||
--What was his response?||
--He was extremely excited and very willing to go with me,|| Matson says.
--Did he indicate that he wanted to have his mother in the room, or that he wasn't comfortable without her?||
--To the contrary--he said he wanted to help me.||
--Where did the interview take place?||
--In my office. I started to ask him about the crime scene he'd crashed a week earlier, which involved a man who died of hypothermia. Then I told him I'd really like to pick his brain about Jess Ogilvy's case, but that it was a little trickier, since it was still an open investigation. I said he'd have to waive his rights to not discuss it, and Jacob quoted me Miranda. I read along as he recited it verbatim, and then I asked him to read over it and initial it and sign at the bottom so that I knew he understood, and hadn't just memorized some random words.||
--Was he able to answer your questions intelligibly?|| Helen asks.
--Yes.||
Helen offers the Miranda form into evidence. --No further questions, Your Honor,||
she says.
I stand up and button my suit jacket. --Detective, the very first time you met with Jacob, his mother was there, right?||
--Yes.||
--Did she stay the entire time?||
--Yes, she did.||
--Great,|| I say. --How about the second time you met with Jacob? Was his mother there?||
--Yes.||
--In fact, she's the one who brought him to the station at your request, correct?||
--That's right.||
--But when she asked you if she could stay with him, you refused?||
--Well, yeah,|| Matson says. --Since her son is eighteen.||
--Yes, but you were also aware that Jacob is on the autism spectrum, isn't that true?||
--It is, but nothing he'd said previously had led me to believe he couldn't be interrogated.||
--Still, his mother told you he had a hard time with questions. That he got confused under pressure, and that he couldn't really understand subtleties of language,|| I say.
--She explained something about Asperger's syndrome, but I didn't pay a lot of attention to it. He seemed perfectly capable to me. He knew every legal term imaginable, for God's sake, and he was more than happy to talk.||
--Detective, when you told Jacob what happens during an autopsy, didn't he quote Silence of the Lambs to you?||
Matson shifts in his chair. --Yes.||
--Does that indicate that he really understood what he was doing?||
--I figured he was trying to be funny.||
--It's not the first time Jacob's used a movie quote to answer one of your questions, is it?||
--I can't recall.||
--Let me help you, then,|| I say, grateful to Jacob for his verbatim memory of the conversation. --When you asked him if Jess and her boyfriend, Mark, fought, he said Hasta la vista, baby,' didn't he?||
--That sounds about right.||
--And he quoted a third movie line to you at one point during your interrogation, didn't he, Detective?||
--Yes.||
--When was that?||
--I asked him why he'd done it.||
--And he said?||
--Love means never having to say you're sorry.||
--The only crime Jacob Hunt committed,|| I argue, --is quoting from a movie as sappy as Love Story.||
--Objection,|| Helen says. --Are we doing closings now? Because nobody sent me the memo.||
--Sustained,|| the judge answers. --Mr. Bond, save the editorial commentary for yourself.||
I turn back to Matson. --How did that third interview, at the station, end?||
--Abruptly,|| the detective replies.
--In fact Ms. Hunt arrived with me, saying that her son wanted a lawyer, didn't she?||
--That's right.||
--And once she made that announcement, what did Jacob say?||
--That he wanted a lawyer,|| Matson answers. --Which is when I stopped questioning him.||
--Nothing further,|| I say, and I sit down beside Jacob again.
Freddie Soto is a former cop whose oldest son is profoundly autistic. After working for the state police in North Carolina for years, he went back to school and got his master's in psychology. Now, he specializes in teaching law enforcement professionals about autism.
He's written articles for the FBI Law Enforcement Bulletin and for Sheriff magazine. He was a consultant for ABC News on a 20/20 special about autism and the law and false confession. He helped develop the state of North Carolina's 2001 curriculum about why law enforcement needs to recognize autism, a curriculum now in use in police departments around the globe.
His fee for expert testimony is $15,000 plus first-class plane fare, which I didn't have. But we started talking on the phone, and when he heard that I had been a farrier, he divulged that he had partial ownership of a racehorse that wound up with flat feet. The horse meant everything to his son, so he had fought to keep the animal from being euthanized. When I suggested pads to keep the soles from bruising and wedges on the hooves with integral frog supports and a soft packing material underneath to realign the hoof pasterns by reducing the weight on the heels without crushing the horns and deforming the heels, he said he'd testify for free if I agreed to fly down to North Carolina and take a look at his horse when the trial was through.
--Can you tell us, Mr. Soto, would someone with Asperger's syndrome have the same difficulties dealing with law enforcement personnel as someone who is autistic?|| I ask.
--Naturally, since Asperger's is on the autism spectrum. For example, a person with Asperger's might be nonverbal. He might have a hard time interpreting body language, like a command presence or a defensive pose. He may have a meltdown if confronted by flashing lights or sirens. His lack of eye contact may lead an officer to believe he's not listening. He may appear stubborn or angry. Instead of answering a question asked by an officer, he might repeat what the officer has said. He'll have trouble seeing from someone else's point of view. And he will tell the truth--relentlessly.||
--Have you ever met Jacob, Mr. Soto?||
--I have not.||
--Have you had a chance to review his medical records from Dr. Murano?||
--Yes, fifteen years' worth,|| he says.
--What in those medical records fits the possible indicators for Asperger's?||
--From what I understand,|| Soto replies, --Jacob is a very bright young man who has trouble making eye contact, doesn't communicate very well, speaks in movie quotes from time to time, exhibits stimulatory behavior, such as flapping his hands, and sings certain songs repetitively as a means of self-calming. He also can't break down complex questions, has trouble judging personal space and interpreting body language, and is supremely honest.||
--Mr. Soto,|| I ask, --have you also had a chance to read the police reports and the transcript of Jacob's recorded statement with Detective Matson?||
--Yes.||
--In your opinion, did Jacob understand his Miranda rights at the time they were given?||
--Objection,|| Helen says. --Your Honor, Miranda is intended to prevent violations of an individual's Fifth Amendment rights purposefully by the police; however, there's nothing that requires the police to know all the inner workings of any particular individual defendant's developmental abilities. The test under a motion to suppress is whether the police officer fulfilled his obligation, and that shouldn't be flipped around to ask whether Jacob Hunt has some unknown disorder that the officer should have identified
.||
There is a tug on the bottom of my suit jacket, and Jacob passes me a note:
--Your Honor,|| I say, and I read exactly what Jacob's written: --The test under Miranda is whether a defendant knowingly and voluntarily has waived his right to silence.||
--Overruled,|| the judge says, and I glance at Jacob, who grins.
--It's highly doubtful that Jacob truly understood Miranda, given the way Detective Matson behaved. There are things a law enforcement agency can do to make sure autistic people understand their rights in that sort of situation, and those measures were not implemented,|| Soto replies.
--Such as?||
--When I go to police departments and work with the officers, I recommend talking in very short, direct phrases and allowing for delayed responses to questions. I tell them to avoid figurative expressions, like Are you pulling my leg? Or You think that's bright? I suggest that they avoid threatening language and behavior, that they wait for a response or eye contact, and that they don't assume a lack thereof is evidence of disrespect or guilt. I tell them to avoid touching the individual and to be aware of a possible sensitivity to lights, sounds, or even K-9 units.||
--Just to be clear, Mr. Soto, were any of those protocols followed, in your opinion?||
--No.||
--Thanks,|| I say, and I sit down beside Jacob as Helen rises to cross-examine my witness. I am excited--no, I am beyond excited. I have just knocked it out of the park. I mean, honestly, what are the odds of finding an expert like this, in a field no one has even heard of, who can win your motion for you?
--What stimuli inside Detective Matson's office would have set Jacob off?|| Helen asks.
--I don't know. I wasn't there.||
--So you don't know if there were loud noises or bright lights, do you?||
--No, but I have yet to find a police department that's a warm and welcoming space,|| Soto says.
--So in your opinion, Mr. Soto, in order to effectively interrogate someone who has Asperger's syndrome, you have to take them down to Starbucks and buy them a vanilla latte?||
--Obviously not. I'm just saying that measures could have been taken to make Jacob more comfortable, and by being more comfortable, he might have been more aware of what was going on at the time instead of being suggestible enough to do or say whatever it took to get out of there as quickly as possible. A kid with Asperger's is particularly prone to making a false confession if he thinks it's what the authority figure wants to hear.||
Oh, I want to hug Freddie Soto. I want to make his racehorse run again.
--For example,|| he adds, --when Jacob said, Are we done now? Because I really have to go, that's a classic response to agitation. Someone who knew about Asperger's might have recognized that and backed off. Instead, according to the transcript, Detective Matson hammered Jacob with a series of questions that further confused him.||
--So it's your expectation that police officers need to know what each individual defendant's triggers are in order to effectively interrogate them?||
--It sure wouldn't hurt.||
--You do understand, Mr. Soto, that when Detective Matson asked Jacob if he knew his Miranda rights, Jacob actually recited them verbatim rather than waiting for the detective to read them aloud?||
--Absolutely,|| Soto replies. --But Jacob could probably also recite to you the entire script of The Godfather: Part II. That doesn't mean he has any real understanding of or emotional attachment to that particular film.||
Beside me, I see Jacob open his mouth to object, and immediately, I grab his forearm where it rests on the table. Startled, he turns to me, and I shake my head, hard.
--But how do you know he doesn't understand his Miranda rights?|| Helen asks.
--You yourself said he's very bright. And he told the detective he understood them, didn't he?||
--Yes,|| Soto admits.
--And by your own testimony, didn't you also say Jacob is supremely honest?||
My brilliant witness, my stellar find, opens and closes his mouth without answering.
--Nothing further,|| Helen says.
I am about to tell the judge that the defense rests when, instead, something else entirely pops out of my mouth. --Mr. Soto,|| I ask, getting to my feet, --would you agree that there is a difference between a true understanding of the law and a photographic memory of the law?||
--Yes. That's exactly the difference between someone with Asperger's and someone who truly understands Miranda rights.||
--Thank you, Mr. Soto, you can step down,|| I say, and I turn back to the judge. --I'd like to call Jacob Hunt to the stand.||
Nobody is happy with me.
During the recess I asked for before Jacob's testimony, I told him that all he had to do was answer a few questions. That it was okay to speak out loud when I asked questions, or if the judge or Helen Sharp asked questions, but that he shouldn't say anything other than the answers to those questions.
In the meantime, Emma danced around us in circles, as if she was trying to find the best spot to sink her knife into me. --You can't put Jacob on the stand,|| she argued. --That's going to traumatize him. What if he breaks down? How's that going to look?||
--That,|| I said, --would be the best that could possibly happen.||
That shut her up pretty quickly.
Now, Jacob is visibly nervous. He's rocking on the chair in the witness stand, and his head is bent at some strange angle. --Can you tell us your name?|| I ask.
Jacob nods.
--Jacob, you have to speak out loud. The stenographer's writing down your words, and she has to be able to hear you. Can you tell me your name?||
--Yes,|| he says. --I can.||
I sigh. --What is your name?||
--Jacob Hunt.||
--How old are you?||
--Eighteen.||
--Jacob, do you know what the Miranda warning says?||
--Yes.||
--Can you tell me?||
--You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.||
--Now, Jacob,|| I ask, --do you know what that means?||
--Objection,|| Helen argues as Jacob starts to hit his fist against the side of the witness box.
--I'll withdraw the question,|| I say. --Jacob, can you tell me what the Second Amendment to the Constitution says?||
--A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed,|| Jacob recites.
Atta boy, I think. --What does that mean, Jacob?||
He hesitates. --You'll shoot your eye out, kid!||
The judge frowns. --Isn't that from A Christmas Story?||
--Yes,|| Jacob replies.
--Jacob, you don't know what the Second Amendment really means, do you?||
--Yes, I do: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. ||
I look at the judge. --Your Honor, nothing further.||
Helen is already on the prowl. I watch Jacob shrink back in his seat. --Did you know Detective Matson wanted to talk to you about what happened to Jess?||
--Yes.||
--Were you willing to talk to him about that?||
--Yes.||
--Can you tell me what it means to waive your rights?||
I hold my breath as Jacob hesitates. And then slowly, beautifully, the right fist he's been banging against the wooden railing unfurls and is raised over his head, moving back and forth like a metronome.
Emma
I was furious when Oliver pulled this stunt. Wasn't he the one who'd said putting Jacob on the witness stand would only be detrimental to the trial? Even if it was a judge here, not a jury of twelve, Jacob was bound to suffer. Thrusting him into a
situation certain to make him have a meltdown simply for the sake of being able to say to the judge, See, I told you so, seemed cruel and pointless, the equivalent of jumping off a building in order to command attention, which you'd be too dead to enjoy in the aftermath. But Jacob rose to the occasion--granted, with stims and tics. He didn't freak out, not even when that Dragon Lady of a prosecutor started in on him. I have never been so proud of him.
--I've listened to all the evidence,|| Judge Cuttings says. --I've observed the defendant, and I do not believe that he voluntarily waived his Miranda rights. I also believe that Detective Matson was on notice that this defendant has a developmental disorder and yet did nothing to address that disability. I'm going to grant the motion to suppress the defendant's statement at the police station.||
Once the judge leaves, Oliver turns around and gives me a high five as Helen Sharp begins to pack up her briefcase. --I'm sure you'll be in touch,|| Helen says to Oliver.
--So what does it mean?|| I ask.
--She's going to have to make her case without Jacob's confession. Which means that the prosecutor's job just got a lot harder.||
--So it's good.||
--It's very good,|| Oliver says. --Jacob, you were perfect up there.||
--Can we go?|| Jacob asks. --I'm starving.||
--Sure.|| Jacob stands up and starts walking down the aisle. --Thanks,|| I say to Oliver, and I fall into place beside my son. I am halfway up the aisle when I turn around.
Oliver is whistling to himself, pulling on his overcoat. --If you want to join us for lunch tomorrow ... Fridays are blue,|| I tell him.
He looks up at me. --Blue? That's a tough one. Once you get past the blueberries and yogurt and blue Jell-O, what's left?||
--Blue corn chips. Blue potatoes. Blue Popsicles. Bluefish.||
--That's not technically blue,|| Oliver points out.
--True,|| I reply, --but it's still allowed.||
--Blue Gatorade's always been my favorite,|| he says.
On the way home, Jacob reads the newspaper out loud from his spot in the backseat.
--They're building a new bank downtown, but it's going to eliminate forty parking spaces,||
he tells me. --A guy was taken to Fletcher Allen after he crashed his motorcycle into a snow fence.|| He flips the page. --What's today?||
--Thursday.||
His voice races with excitement. --Tomorrow at three o'clock Dr. Henry Lee is going to be speaking at the University of New Hampshire, and the public is welcome!||