I have always been of two minds about Patty Hammond’s testimony. On the one hand, I want to prolong it, keep her on the stand as long as possible so the jurors can get to know her. I want them to witness her unassuming manner, to listen at length to her understated words. I want them to appreciate her gentle nature, still intact in spite of the grief. I want them to realize she owns the wisdom of those who have suffered too much.
In short, I want these jurors to care so deeply about Patty Hammond that they will be unable to subtract her husband from her world, a world already diminished.
On the other hand, I know that Patty’s composure is fragile. And she needs to be clear when she tells the jury about the hours before and after the shooting. She needs to be certain about what Buck did-and didn’t-say. She needs to be strong when she faces Stanley’s cross-examination. And Stanley, though he’ll undoubtedly handle her carefully, will be gunning for her.
Better to get to the heart of the matter.
“Let’s start on Sunday, Patty, June twentieth, the day after Billy disappeared.”
She nods.
“Where were you that Sunday evening?”
“Home,” she says. “Sitting at the kitchen table. I’d been there since…” Patty swallows, groping for words. “Since it happened.”
“Doing what?”
She shrugs. “Staring at the phone.”
“And your husband?”
“Searching. He’d been searching for Billy since the police left the day before. They told him not to, but Buck couldn’t bear the wait. He couldn’t eat or sleep, couldn’t even sit down. He had to go, had to try. He came home around nine on Sunday evening, for just a few minutes. Then he left again, to search some more.”
“Did you hear from your husband later that night?”
Patty nods again. “Twice. He called first around midnight to ask if I’d heard from the police.”
“Had you?”
She shakes her head. “No.”
“He called again after that?”
“Yes,” she says. “At one-thirty.”
“One-thirty Monday morning?”
“Yes.”
“You’re certain of the time?”
“I am.” Patty turns to the panel. “I looked at the clock as I picked up the phone. When I checked again, the minute hand had barely moved.” She shakes her head at the jurors. “It seemed like hours had passed.”
“What did Buck tell you during that call? The second one.”
Patty swallows and cups each hand around the opposite elbow, pressing her arms against her stomach. These aren’t the most difficult questions, but we’re moving in that direction. She’s bracing.
“He was at the station, the Chatham Police Station. He said he didn’t want to keep searching blindly. There are so many desolate places here on the Cape, so many barren stretches where a man with a kidnapped child could avoid being seen. Buck said he was looking for direction, a lead. He’d driven back into town to ask the police for an update. He was hoping they’d unearthed some clue-anything. He said he needed to look someone in the eye, to ask his questions in person.”
“Did he?”
“Yes. Well, no. I mean, he did go to the station, but he didn’t ask any questions.”
“Tell the jury why not.”
Patty leans toward them and takes a deep breath. “Turns out the sergeant in charge was dialing our number when Buck walked up to the front desk. The sergeant assumed Buck was at home. They’d told him to stay there.”
I nod to tell her to continue.
“The Chief had called in from the road. They’d found the body of a young boy near the bridge, behind the power plant. They thought it might be Billy.” She looks down at her lap and shakes her head again. “The truth is, they were pretty confident that it was. The Chief wanted Buck at the county morgue as soon as he could get there.”
“To identify the body?”
Patty bites her lower lip. “Yes.”
I pause to fill a water glass and set it on the ledge in front of her. She mouths a silent thank-you.
“Did you know, at the time, how long it would take to drive from the station to the county morgue?”
She shrugs. “Forty minutes, maybe.”
“Was Buck leaving the station as soon as he finished talking with you?”
Patty shakes her head. “He’d already left. He called from the truck phone. He was on the Mid-Cape Highway.”
I walk toward the jury box and face the panel. “Patty, when was the next time you spoke to your husband?”
She takes a deep breath and falls silent for a moment. “He was in jail. They let me in around noon.”
I pause so the jurors can do the math. “More than ten hours later?”
“That’s right.”
I turn to face her, but stay close to the box, my back to the panel. When Patty looks at me to answer these next few questions, she will necessarily face the jurors as well. And that’s important.
“He didn’t call in the interim?”
She’s quiet for just a moment. “No.”
“You’ve already told us he had a cell phone, a phone in the truck.”
She nods.
“But he didn’t call for more than ten hours?”
“He was arrested a little before five.”
“But you didn’t know that at the time.”
Another nod. “That’s right. I got a call from Chief Fitzpatrick at about ten-thirty. He’d just learned that Buck had refused to phone anyone. So he called to tell me what happened. He thought I should know, he said.”
“Did you try to reach your husband between one-thirty and ten-thirty?”
She’s perfectly still. “No.”
“Nine hours. What did you do during that time?”
Patty blinks, looking as if she’s never considered this question. “I’m not sure. I don’t think I did anything. I don’t think I moved.”
I scan the faces in the jury box and lower my voice to just above a whisper. “Why didn’t you call him?”
She blinks again and lowers her eyes to her lap. Her lips part, but no words emerge.
“Patty, your husband went to the county morgue to view the body of a little boy. You knew it might be Billy. You knew the cops thought it was. But you let nine hours go by without so much as a phone call.” I pause until she looks up at me. “Why?”
Patty returns my stare for just a moment, her eyes brimming, then sets her jaw and shifts her gaze to the jurors. “Because I knew.”
“Knew what?”
“I knew the little boy in the morgue was Billy.”
“How did you know?”
Patty bites her lip again and fingers her locket. Her tears flow freely. “I don’t know how I knew. But I did. I knew as soon as I hung up the phone at one-thirty. My heart ached. I knew.”
I scan the panel. They’re frozen.
Patty takes a deep breath. “I also knew time was running out.”
“What time?”
“The time when it wasn’t certain. The time when there was some part of me-a slice-that could pretend it wasn’t Billy, could swear it hadn’t happened. I clung to that.” She raises a hand toward the jurors, then presses it against her forehead. She wants them to understand. Words, though, are inadequate.
“I knew that once I talked to Buck the uncertainty would be gone. And I clung to the uncertainty like a life ring; it was all I had. I knew it was temporary.”
Patty drops her eyes to her lap and wipes her cheeks with the palms of her hands. “It was selfish, I know.”
I scan the panel again. No visible reaction.
Stanley clears his throat. “Your Honor, please. This woman isn’t on trial. Is counsel trying to prove that the defendant’s wife was insane too? Is it contagious?”
I keep my back to Stanley, my eyes on the jurors. Their eyes move from Patty to Stanley, but their expressions don’t change. Patty Hammond doesn’t deserve Stanley’s sarcasm. I hope they realize that.
The courtroom is quiet while Beatrice waits for me to respond to Stanley’s objection. It takes a few moments for her to realize I won’t.