Torn [J.Barber]

[14] I CANT TAKE IT

Later that night, May and Jacob were once again, on a FaceTime call. "You know what I learned today from Joanna? It's actually pretty cool." Jacob says.

"What is it?" She smiles. "Okay, So She was telling me about this thing about light and color with prisms and stuff. And it's, like, the beam refracts through each slit and makes a pattern of light and dark stripes on the other side." He begins, speaking with passion.

"Why? Because light isn't made of particles, but.. waves." He adds. May can't help but chuckle at his enthusiasm, grinning widely.

"And it is the intersection of the waves that make the patterns. So these physicists decide that they're gonna solve what's going on by installing a device that allows them to see exactly which slit each electron is passing through." He nods.

"Only the moment that they try to observe it, the electrons stop behaving like waves and behave like particles again." He laughs.

"What? That's impossible." May shakes her head in disbelief. "Google it." Jacob responds.

"Why are you telling me this, again?" She jokes. "Because I have nothing else to say." He shrugs. They go silent for a moment. "Hey, you're doing great in the trial so far. I doubt tomorrow will be any different." May assures.

"Thanks." Jacob beams. Suddenly, there was inaudible yelling from downstairs, causing Jacob to sigh. "My mom's calling me. I'll see you tomorrow." He explains.

***

"You've been with the state's crime lab how long?" Neal asks another witness on the third day. "Eleven years, almost 12."
The woman says.

"Ms. Carlson, could you describe the blood evidence at the point of attack?" He requests. "There were a few small spatters less than an inch in diameter." She explains.

"Yesterday, we heard defense contend that there should have been blood ok the clothing of an attacker in a stabbing like this. Do you have an opinion on that?" He inquires.

"Yes. That's not necessarily true, since no spatter seemed fast off with force." Ms. Carlson shakes her head. "It's also possible the assailant stood behind the victim when he stabbed him, which would have meant he was out of the trajectory of any spray or spatter."

"What can you tell us about the murder weapon?"

"We were looking for a knife with a four-to six-inch blade and a serrated edge." She tells. "I see." He nods, taking out a box.

"So, a knife like this one?" He questions pulling out a knife similar to the one Jacob had owned. "Objection." Joanna comments. "Commonwealth moves to enter into evidence.." Neal continues, ignoring her.

"Objection!" She repeats, standing up. "Your Honor, the jury will soon hear testimony from the defendant's best friend that the defendant owned a knife exactly like this one: a Schnell Tactical." He explains.

May sighs deeply, looking down at her hands, and anxiously lacing them together. "Your Honor, this is a cheap stunt." Joanna argues.

"The Commonwealth has yet to link any such knife to the defendant." Joanne adds. "and to wave it around in here now is irresponsible. It's inflammatory."

"Agreed. Objection sustained. Put away the knife, Mr. Loguidice." Judge French agrees. "In that case, no more questions, Your Honor." Neal sighs.

"Cross." Judge French turns to Joanna. "Absolutely." She says. "Ms. Carlson, we were just on the subject of blood. Was there any blood evidence recovered from the defendant?"

"No."

"Genetic evidence? DNA? Hairs? Fibers?" She continues, grazing her hand over the wood beside her.

"No, just the fingerprint."

"May I propose a hypothetical?" Joanna inquires. "Okay."

"Let's suppose the defendant, Jacob, was walking on his way to school... and came across the victim lying on the ground." She begins.

May feels her mother reaching for her hand, taking it in her own. "And suppose Jacob lofted the victim by the collar to see if he was okay." She makes a gesture to demonstrate.

"Might that create a fingerprint consistent with the one you found?"

"Yes, that is possible." Ms. Carlson confirms. "Now the knife that the Commonwealth attempted to enter into evidence, had you ever seen it before?" Joanna asks.

"Objection. Relevance." Neal cuts in. "Overruled. You opened the door, counselor." The judge responds.

"Yes, the DA's office asked me to determine if that particular model of knife was consistent with the victim's wounds." The woman explains.

"And I assume they gave you other models to compare as well?" Joanna raises her eyebrows. "No."

"No?" She furrows her eyebrows, then turns to the jurors. "Did they at least ask you to determine how many other knives might have made those wounds?"

"No."

"Well, how many would you think?"

"I don't know. That would be speculating." She shakes her head. "A thousand?" Joanna suggest. "Uh, a large number." The woman stammers.

"Seven hundred? Five hundred?"

"Somewhere... somewhere in they range." She trails. "In other words, the chances of it being the actual knife are one in 500. Correct?" Joanna checks.

"Objection. Calls for speculation." Neal calls. "Sustained." Judge French nods. Joanna looks to the Barbers, then smiles. "No further questions, Your Honor."

***

"This is all going to shit." Dan says angrily as he sits outside the courtroom beside May and her mother.

"He's gonna wall. Can't you see that?" He adds. "Well if he walks then it means he didn't do it." May argued. "May, I am done with your arguments! This is our fight to win! So won't you shut the hell up!" He shouts.

May leans in closer to her mother, her bottom lip quivering slightly. "Dan, please." Joan sighs.

"No! He's gonna get away with killing our son because of that asshole and his goddamn theatrics." He responds.

"Please, I can't take this." Joan says tearfully, holding May close to her. "Yeah, well, I can't take it either." He states, beginning to walk away.

"Dan. Dan." Joan calls, though he was gone. May exhales nervously, taking a seat with her mother. "I'm sorry, May. He isn't in a good place. None of us are." Joan apologizes.

"I know, Mom. But I know we'll find out who killed Ben. Whether it's Jacob or someone else, they'll find them, I promise."