House Rules Read online

  I know this. In fact, I also know that Janice Roth recently got married to a guy named Howard Wurtz and that they moved to Texas, where he had a job waiting with NASA. Public record searches are the best friend of the defense attorney.

  --Oh, shoot--really? That's a bummer. I'm a friend of hers from law school.||

  --She got married,|| the woman says.

  --Yeah, to Howard, right?||

  --Did you know him?||

  --No, but I know she was crazy about him,|| I say. --By any chance, are you a defender general, too?||

  --Sadly, yes,|| she sighs. --You're in private practice? Believe me, you're not missing out.||

  --Nah, you'll get into heaven long before me.|| I laugh. --Look, I have a really quick question. I'm new to practicing criminal law in Vermont, and I'm still learning the ropes.||

  I'm new to practicing criminal law, period, but I don't tell her that.

  --Sure, what's up?||

  --My client's a kid--eighteen--and he's autistic. He sort of flipped out in court during the arraignment and now he's locked up until his competency hearing. But he can't adapt to jail. He keeps trying to hurt himself. Is there any way to speed up the wheels of justice here?||

  --Vermont's decidedly crappy when it comes to psychiatric care for inmates. They used to use the state hospital as a lockup for competency exams, but it lost its funding, so now Springfield gets most of the cases, since they've got the best medical care,|| she says.

  --I once had a client being held pending competency who liked to slick himself head to toe--he did it the first night with a one-pound block of butter at dinner, and with deodorant before a visit with me.||

  --A contact visit?||

  --Yeah, the officers didn't care. I guess they thought the worst he could do was rub me down with something. Anyway, with that guy, I filed a motion to set bail,|| the attorney says. --That gets you back in front of the judge. Put his shrink or counselor on the stand to back up your story. But waive your client's appearance, because you don't want a repeat performance in the courtroom that will piss off the judge. Your main job is to convince the judge he's not a danger if he's not locked up, and if he's running around like a lunatic in court, that sort of messes up your case.||

  Motion to set bail, I write down on a pad in front of me. --Thanks,|| I say. --That's awesome.||

  --No problem. Hey, you want Janice's email?||

  --Absolutely,|| I lie. She reads it to me, and I pretend to write it down.

  When I hang up, I go to the fridge and pull out a bottle of Poland Spring. I pour half into Thor's bowl and then raise the bottle in a toast. --To Janice and Howard,|| I say.

  --Mr. Bond,|| Judge Cuttings says the next day, --aren't we waiting for our competency evaluation in this case?||

  --Your Honor,|| I reply, --I don't think we can.||

  The courtroom is empty, with the exception of Emma, Dr. Murano, and the prosecutor--a woman named Helen Sharp, who has very short red hair and pointed canine teeth that make me think of a vampire, or a pit bull. The judge looks at her. --Ms. Sharp?

  What are your feelings?||

  --I don't know anything about this case, Judge,|| she says. --I literally got notice of this hearing this morning. The defendant is charged with murder, you ordered a competency hearing, it's the State's position that he remain locked up until then.||

  --With all due respect, Your Honor,|| I reply, --I think the court should listen to my client's mother and psychiatrist.||

  The judge waves me on, and with a gesture, I motion Emma to come forward to the witness stand. She has dark shadows beneath her eyes, and her hands are shaking. I watch her move them from the railing to her lap, so that the judge cannot see. --Please state your name and address,|| I say.

  --Emma Hunt ... 132 Birdseye Lane in Townsend.||

  --Is Jacob Hunt, the defendant in this case, your son?||

  --Yes, he is.||

  --Can you tell us how old Jacob is?||

  Emma clears her throat. --He turned eighteen in December.||

  --Where does he live?||

  --With me, in Townsend.||

  --Is he in school?|| I ask.

  --He goes to Townsend Regional High School; he's a senior.||

  I look directly at her. --Ms. Hunt, does Jacob have any particular medical condition that makes you concerned for his safety while he's in jail?||

  --Yes. Jacob's been diagnosed with Asperger's syndrome. It's high-functioning autism.||

  --How does Asperger's affect Jacob's behavior?||

  She pauses for a moment, glancing down. --When he decides to do something, he needs to do it immediately,|| Emma says. --If he can't, he gets very agitated. He hardly ever shows emotion--either happy or sad--and he can't relate to the conversations of kids his own age. He takes words very, very literally--if you asked him to eat with his mouth closed, for example, he'd tell you that's impossible. He has hypersensitivity issues: bright lights, loud noises, and light touches set him off. He doesn't like being the center of attention. He needs to know exactly when something is going to happen, and if his routine gets disrupted, he becomes extremely anxious and acts in a way that makes him stand out even more: flapping his hands at his sides, or talking to himself, or repeating movie lines over and over. When things are really overwhelming, he'll go somewhere to hide--his closet, or under his bed--and he'll stop speaking.||

  --Okay,|| says Judge Cuttings. --So your son is moody, literal, and wants to do things his way and on his own timetable. That sounds very much like a teenager.||

  Emma shakes her head. --I'm not explaining this well. It's more than just being literal, or wanting a routine. An ordinary teenager decides not to interact ... for Jacob, it's not a choice.||

  --What sorts of changes have you seen since your son's incarceration?|| I ask.

  Emma's eyes fill with tears. --He's not Jacob,|| she says. --He's hurting himself, on purpose. He's regressing in his speech. He's started stimming again--flapping his hands, bouncing on his toes, walking in circles. I've spent fifteen years trying to make Jacob a part of this world instead of allowing him to isolate himself ... and a single day in that jail reversed everything.|| She looks at the judge. --I just want my son to come back, before it's too late to reach him.||

  --Thank you,|| I say. --Nothing further.||

  Helen Sharp stands up. She is easily six feet tall. Did I not notice that when she walked in? --Your son ... has he ever been incarcerated before?||

  --No!|| Emma answers.

  --Has he ever been arrested before?||

  --No.||

  --Are there other times you've witnessed a backslide in your son's behavior?||

  --Yes,|| Emma says. --When plans change at the last minute. Or when he's upset and can't verbalize that.||

  --Then isn't it possible that his current behavior has nothing to do with incarceration, and everything to do with him feeling guilty for committing a horrific crime?||

  Heat floods Emma's face. --He would never do what you've accused him of doing.||

  --Maybe, ma'am, but at this point your son's been charged with first-degree murder.

  You understand that, don't you?||

  --Yes,|| Emma says tightly.

  --And your son has been placed in protective custody, so his safety isn't at issue--||

  --If his safety wasn't at issue, would he have to be in a padded cell in the first place?|| Emma retorts, and I want to run up there and give her a high five.

  --Nothing further,|| the prosecutor says.

  I stand up again. --The defense calls Dr. Moon Murano.||

  Jacob's psychiatrist's name may sound like that of someone who grew up on a commune, but that was her parents. She must have rebelled and joined the Young Republicans, because she's turned up for court in a power suit, killer heels, and a bun so tight it is practically functioning as a face-lift. I walk her through her credentials and then ask her how she knows Jacob.

  --I've been working with him for fifteen years,|| she says. --In