"He's a hostile witness," I responded. At the word "hostile," Schein's left eye twitched.
"Come up here, both of you," the judge said, waving us toward the bench. When we got there, he pointed a bony finger at me. "Jake, if I understood your proffer, way back at the bond hearing, Dr. Schein was the treating psychiatrist."
"That's right."
"And he's gonna testify that your client was sexually abused as a child, causing her to lose control or some such thing and plug the decedent three times with a little pistol."
"That's about it."
"So how the hell is he hostile?"
"He's wrong. He's going to insist it happened that way in order to cover up his own wrongdoing. He's hostile now, and by the end of the day, he's going to be downright belligerent."
The judge looked at Socolow, who concealed his glee with a judicious semismile. "If Jake wants to impeach the only witness who can give him a defense, who am I to object?"
"Jake, I hope you know what you're doing."
"Do any of us, Your Honor? I mean, in the cosmic sense?"
"I'm not fooling around, Jake," the judge said, sending a clear warning. "If you're setting up some incompetency-of-counsel defense, I'll pin your license to the ass of a horse that's leaving town."
Trying to sound folksy, some judges end up with a bushel basket of messy metaphors.
"Judge Stanger, I assure you, if I'm incompetent, it's purely unintentional."
"All right, impeach to your heart's content." He sent us back to our tables, then turned toward the reporter. "Margie, please read back the last question."
The reporter thumbed through her pages, then read in a monotone that didn't do me justice,
" 'Isn't it true, Dr. Schein, that you were Emily Bernhardt's friend, not Harry's?' "
The doctor cleared his throat and glanced toward Chrissy. She sat at the defense table in a three-piece burgundy outfit: a banded turtleneck, a belted cardigan, and a matching pleated skirt that nearly reached her ankles. Tasteful and refined, but the wrong color. I had forgotten my lecture banning anything that resembled dried blood. "Yes and no," Schein said. "I mean, Emily was my patient. Her husband was… there, in the house. We knew each other, all of us."
"Cutting to the heart of it, Emily Bernhardt was more than a patient, wasn't she?"
"I'm not sure I understand the question."
I raised my eyebrows at Dr. Schein, but the gesture was intended for the jury. Then I waited. Sometimes the pause will do it. The silence fills the courtroom. The witness becomes nervous, aware the jury is waiting. A spectator coughs, the courtroom door squeaks open, feet shuffle. A witness in control will wait out the lawyer. After all, Schein just said he didn't understand. I could have rephrased, but I chose to wait. Ten seconds, fifteen, it seemed like an hour.
"Well, I have become close to a number of patients over the years," Schein said finally. Defensive, worried, shifty.
" I'm not concerned about other patients. Would you please answer the question? Was Emily Bernhardt more than a patient?"
After a pause. "Yes, she was."
"And more than a friend?"
"I don't know what you're implying."
"Yes, you do."
"Objection, argumentative." Socolow was starting to wake up.
Judge Stanger cocked his head. "Actually, there was no question at all. Next question, Mr. Lassiter."
"Dr. Schein, were you and Emily Bernhardt lovers?"
"Objection, irrelevant!" Now, Socolow was on his feet. Caught off guard, pissing off the jury by objecting to a juicy question.
"Denied. This is a murder trial, and I'll give the defense some latitude."
"Were you and Emily Bernhardt lovers?" I repeated.
"No."
I reached into a file and pulled out a faded sheet of paper. "Did you write her love poems?"
His face froze. His eyes were wide. What did I know?
"No."
This time I didn't have my laundry list or my old college letter-of-intent signed by Joe Paterno. What I had was the personal stationery of Lawrence B. Schein and a faded, handwritten note to "My Dearest Emily." I read aloud:
Wild Nights-Wild Nights!
Were I with thee
Wild Nights should be
Our luxury!
I paused a moment, then asked, "Did you write that?"
"No-I mean, yes. I didn't write it, but I copied it, out of a book."
"All right. You borrowed it. After painstakingly copying these breathless words of Emily Dickinson, did you give the poem to your Emily, Mrs. Emily Bernhardt?"
He reddened. "Yes."
" 'Wild Nights should be our luxury!' " I repeated. "Were they?"
"I resent your implication. You can't examine poetry as if it were an X ray. Ours was a cerebral relationship, not a physical one."
"Ce-re-bral," I said, as if it were a dirty word. Angling toward the jury, I let my voice fall into a whisper. If you really want them to listen, speak softly.
Rowing in Eden-
Ah, the Sea!
Might I but moor-Tonight-
In Thee!
Two jurors tittered.
"You were Emily Bernhardt's lover, weren't you, Dr. Schein?"
"No! Not the way you mean. No."
"Were you in love with Emily Bernhardt?"
He stared off into space. A vein throbbed in his forehead. "She was the finest woman I've ever known."
"Were you in love with her?" I repeated. Demanding now.
He mumbled something.
"Doctor?"
"Yes, I was in love with her."
"And she with you?"
"Yes."
"To your knowledge, did Harry Bernhardt know of your feelings for his wife?"
"She told him. She didn't love him, hadn't for years. But she wouldn't divorce him. Christina was just a child. Emily didn't want to break up the family, and she wasn't strong enough to fight him." The words came tumbling out now. Maybe he wanted to talk about her. All these years, and no one to tell, to feel his pain, the great unconsummated love of his life. "No one had ever been divorced in the Castleberry family, and Emily was so… so prudent in matters like that. She wouldn't pursue her own happiness. Besides, Harry, wouldn't let her go. She was his claim to respectability, his entree to society. And there was something else, too. A mean, sadistic side to him. He liked punishing her."
"You hated him, didn't you?"
"She was so frail," Schein answered, as if he hadn't heard the question. "No strength at all. Like rose petals, an elegant flower of a woman."
"Did you hate him, Doctor?"
"I didn't respect him."
"This man you previously told the jury was your friend."
Softly, "I misspoke."
"And Harry Bernhardt despised you, didn't he?"
"Objection!" Socolow boomed. "The witness isn't a mind reader."
"To the contrary," I protested. "That's exactly what he claims to be where my client is concerned."
Bang! Judge Stanger slammed his gavel down and shot me a look that said I'd better bring my toothbrush to court the next time I made a crack like that. "Mr. Lassiter, please refrain from addressing the jury instead of the court."
"I'm sorry. Your Honor," I said meekly, "but implicit in my question is the notion 'do you know?' "
The judge turned toward the witness stand. "Doctor, do you know if Mr. Bernhardt despised you?"
Schein's head twisted at an awkward angle, toward the judge above him. Then he swung back toward the jury, unable to decide where he should be looking. "If he did, he never said so to my face. But then he wasn't a man to express his feelings. Subconsciously, who knows? So much lurks there that we can neither control nor explain."
"Isn't that your job, Doctor," I asked, "to explain the subconscious?"
"Part of my job, yes."
"You told Chrissy that her father was to blame for her mother's death, didn't you?"
He seemed to wince. Every mention of Emily Bernhardt tore at him. His fist moved up toward his mouth, shielding much of his face, "It was common knowledge… the way he treated her. She was so fine, so fragile and sensitive, and he was this boor. He was insulting and rude. He covered it up with humor, or what passed for humor. But it was always cutting. He couldn't be part of Emily's world so he had to tear it down. He scoffed at culture, at refinement, at everything that made Emily the special person she was."