She looked at me expectantly. “Yeah?”
“You know the difference between a psychopath and a homeopath?”
She shook her head.
“Some psychopaths do no harm.”
“Ha!” She ate a forkful of salad, then, “So, how precisely does your method work? How do you conduct the test?”
“Well, microsaccades are a fixational eye movement—they occur only when your gaze is fixed on something. And to get a really solid, really good track, I don’t normally use film. Rather, I use a modified set of ophthalmologist’s vision-testing goggles. I get the suspected psychopath to wear them and simply ask him or her to stare for ten seconds at a dot displayed by the goggles. Sensors check to see if the eyes stay rock-steady or if they jerk a bit. If the former, the guy’s a psychopath, I guarantee it. If the latter—if the subject is performing microsaccades—he isn’t. You can’t fake microsaccades; the smallest volitional eye shift anyone can do is much bigger. As long as the person doesn’t have an eye-movement disorder, such as congenital or acquired nystagmus, which would be obvious before you did the test, with my technique, there are no false positives. If I say you’re a psychopath, you bloody well are.”
“Wow,” said Heather. “Can I borrow them?”
Maybe I’d underestimated her; perhaps she was onto Gustav after all. “No,” I said, “but invite me for Christmas, and I’ll bring them along.”
“Deal,” she said, spearing a cherry tomato.
3
“And so, Professor Marchuk, in summary, is it your testimony that the defendant, Devin Becker, is indeed a psychopath?”
Juan Sanchez had rehearsed my direct examination repeatedly. He wanted to ensure that not only the judge, who had heard psychological testimony in many previous cases, could follow me, but also that the seven men and five women in the jury dock, none of whom had ever taken a psych course, couldn’t help but see the logic of it all.
Juan had told me to make eye contact with the jurors. Sadly, juror four (the heavyset black woman) and juror nine (the white guy with the comb-over) were both looking down. But I did connect briefly with each of the others although three averted their gazes as soon as they felt my eyes land on them.
I turned back to him and nodded decisively. “Yes, exactly. There is no question whatsoever.”
“Thank you, Professor.” Juan looked questioningly at Judge Kawasaki. The best way to use an expert defense witness, he’d told me, was to present direct examination immediately before a recess so the argument would have time to take root before the prosecution attacked it; he’d timed my testimony to finish just before noon. But either Kawasaki was oblivious to the time or he was onto Juan’s strategy since he turned to the D.A. and said the words Juan himself had failed to utter. “Your witness, Miss Dickerson.”
Juan shot me a disappointed glance, then moved over and sat down next to Devin Becker, who, as always, had a scowl on his thin face.
I shifted nervously in my seat. We’d rehearsed this part, too, trying to predict what questions Belinda Dickerson would fire off in an attempt to discredit my microsaccades technique. But as Moltke the Elder famously said, no battle plan ever survives contact with the enemy.
Dickerson was forty-eight, tall, lithe, with a long, pale face and short black hair; if the pole holding the Georgia flag at the side of the room ever broke, she could stand in as its replacement. “Mr. Marchuk,” she said, in a voice that was stronger than one might have expected from her build, “we heard a great deal about your qualifications when my opponent called you to the stand.”
It didn’t seem to be a question, so I said nothing. Perhaps she expected me to make some modest noise, and, in a social situation, I might have done just that. But here, in this court, with the hot dry air—not to mention an annoying fly buzzing around the light hanging over my head—I simply nodded as she went on: “Degrees, postdocs, clinical certifications, academic appointments.”
Again, not a question. I had been generally nervous about being cross-examined, but I now relaxed slightly. If she wanted to go over my CV with forensic glee, that was fine by me; I’d embellished nothing.
“But now, sir,” Dickerson continued, “I’d like to explore some parts of your background that weren’t brought forth by Mr. Sanchez.”
I looked at Juan, whose head did an avian snap toward the jury, then ricocheted back to facing me. “Yes?” I said to her.
“Where is your family from?”
“I was born in Calgary, Alberta.”
“Yes, yes. But your family, your people: where are they from?”
Like everyone, I’ve been asked this question before, and I usually made a joke of my reply, the kind only an academic could get away with. “My ancestors,” I’d say, “came from Olduvai Gorge.” I glanced at the jury box and also at the dour, wrinkled countenance of Judge Kawasaki. There was no point in uttering a joke you knew was going to bomb. “My heritage, you mean? It’s Ukrainian.”
“So your mother, she was Ukrainian?”
“Yes. Well, Ukrainian-Canadian.”
She made a dismissive gesture, as if I were muddying the waters with pointless cavils. “And your maternal grandfather, was he Ukrainian, too?”
“Yes.”
“Your grandfather emigrated to Canada at some point?”
“The 1950s. I don’t know precisely when.”
“But he lived in Ukraine prior to that?”
“Actually, I think the last place he lived in Europe was Poland.”
Dickerson took a turn looking at the jury. She raised her eyebrows as if astonished by my answer. “Where in Poland?”
It took me a second to come up with the name, and I doubt I did justice to the pronunciation. “Gdenska.”
“Which is where?”
I frowned. “As I said, in Poland.”
“Yes, yes. But where in Poland? What’s it close to?”
“It’s north of Warsaw, I think.”
“I believe that’s correct, yes, but is it close to any… any site, shall we say… of historical significance?”
Juan Sanchez rose, jaw jutting even more than usual. “Objection, Your Honor. This travelogue can be of no relevance to the matter at hand.”
“Overruled,” said Kawasaki. “But you are trying my patience, Miss Dickerson.”
She apparently took that as license to ask a leading question. “Mr. Marchuk, sir, let me put it bluntly: isn’t that village of yours, Gdenska, isn’t it just ten miles from Sobibor?”
Her consistent refusal to use one of the honorifics I was entitled to was, of course, an attempt to undermine me in front of the jury. “I don’t know,” I said. “I have no idea.”
“Fine, fine. But it’s near Sobibor, isn’t it? Only a few minutes by car, no?”
“I really don’t know.”
“Or by train?” She let that sink in for a beat, then: “What did your grandfather do during World War II?”
“I don’t know.”
“Don’t you?”
I felt my eyebrows going up. “No.”
“That surprises me, sir. It surprises me a great deal.”
“Why?”
“You actually don’t get to ask questions, sir; that’s not the way this works. Now, is it really your testimony here, under oath, that you don’t know what your mother’s father did during World War II?”
“That’s right,” I said, utterly perplexed. “I don’t know.”
Dickerson turned to the jury and lifted her hands in an “I gave him a chance” sort of way. She then walked to her desk, and her young female assistant passed her a sheet of paper. “Your Honor, I’d like to introduce this notarized scan of an article from the Winnipeg Free Press of March twenty-third, 2001.”