Torn [J.Barber]

[11] LOSE HER

The day had come. May sat in her room in a navy blue dress, her fingers laced together anxiously. In just a few hours, she and her parents will be sitting in the courtroom.

She was afraid of what was to come. It was the feeling of being unaware that frightened her. What if she finds out something she never wanted to know?

"May, we're leaving!" Joan calls out from downstairs. With a deep sigh, the girl stands up from her bed, and walks downstairs.

***

May sits in between her parents in the front of the courtroom, holding her mother's hand. She could tell her father couldn't keep his eyes off of the Barbers, especially Andy. He would send them angry glares every few moments.

On the other hand, May couldn't stop looking at Jacob. He wanted to look back at her and send her a reassuring smile, but he knew he couldn't.

When no one was looking, he turns around, nodding to her for a moment, then looking back ahead.

"Court, all rise." A woman announces. Everyone stands up, May continuing to hold her mother's hand tightly. "Hear ye, hear ye, hear ye. All persons having anything to do before the Honorable Judge French, a Justice of the Superior Court, now sitting within and for the Commonwealth, draw near, give your attendance, and you shall be heard." She instructs while Judge French takes a seat.

"God save the Commonwealth of Massachusetts and this most honorable court. This court's now open. Please be seated."

The court does as told. "Number 08-44-07, Commonwealth versus Jacob Owen Barber. A single count of murder in the first degree. For the defendant, Joanna Klein. For the Commonwealth, Assistant District Attorney Neal Logiudice." Another woman reads out.

"Any preliminary motions before we begin the voir dear?" Judge French asks. "A couple of things, yes, Your Honor." Joanna says as she stands up, making her way over to him.

"First, the defendant's father, Andrew Barber, would like to enter an appearance in the case on the defendant's behalf." She begins.

"With the court's permission, he's going to second chair me at trial." She says. "Is this a wise decision, Ms. Klein?" Judge French checks.

"It is the Family's wish, Your Honor." Joanna nods. "Oh, you've got to be kidding me." Dan mutters under his breath, his wife shushing him.

"Alright, Mr. Barber, you can come forward. What else?" Judge French motions his hand while one of the officers pulls up a chair.

"Your Honor, I have filed a motion in limine to exclude any mention of the defendant's grandfather William Barber, who is currently serving a life sentence for first degree murder." Joanna adds.

"We believe the Commonwealth May try to introduce this fact to prejudice the jury." Joanna turns to look at Neal, then the Rifkins. "Your Honor, the Commonwealth contends that the family's history of violence is of great relevance." Neal comments, standing up from his seat.

"Your Honor, my client has never once met the—"

"I get it. I read the motion." Judge French cuts the woman short. He pauses for a moment, thinking. "Defendant's objection is noted and tabled. Should the Commonwealth decide William Barber's criminal record is critical to his case, he will first notify the defense, and then we'll have a hearing on the matter." The judge explains.

"Otherwise, not a word about this to the jury." He concludes. "Thank you, Your Honor." Joanna smiles. "Yes, Your Honor." Neal agrees.

"Lastly, the defense moves to expand its witness list by two: Matthew McGrath and Leonard Patz." Ms. Klein brings two forms to the front, handing them to another woman.

"Alright, let's bring in the jury venire." Judge French nods. "All rise for the jury." An officer calls.

Once again, everyone takes a stand, watching while the Jury walks in.

***

"You see, this wasn't just an average boy, the defendant." Neal says loudly as he stands before everyone. "No, something set him apart."

"His father. A father who was the first assistant district attorney. Top man, right here in this building. For years, the defendant watched his father prosecute every major murder case in this county. He listened to dinner conversations. Overhead phone calls, shop talk." He continues.

May sighs, only tightening her grip on her mother's hand. "You might even say that murder was the family business. But still, the question remains: why?" Neal pauses. "Why?" He looks to Jacob, who seems to grow nervous.

"Why... would an eighth-grade boy kill his classmate? Well, we've all been to school. We know kids can be mean." He states.

"You're gonna hear testimony that the victim in this case, Ben Rifkin, teased the defendant." Neal begins to pace the room.

May turns to her mother, who looked like she was about to burst out into tears any moment. With a sigh, she leans her head down on her shoulder to comfort her.

"Nothing shocking, but still, mean." Neal adds, standing in front of the jurors. "Ben foolishly mocked this young man, unaware of his hidden capacity, even desire, to kill."

May's breath hitches for a moment. "Objection." Joanna calls. "Sustained. The jury will disregard the last remark about the defendant's desire, which is speculation." Judge French nods.

Neal sighs. "And so, on April 12, the defendant walked into the woods of Cold Spring Park with a knife in his pocket and an idea in his mind." The man continues.

"Did he ambush the victim, or were there words exchanged first? Maybe Ben called him a name. Or even threatened him. We don't know." The man eyes each juror, hoping to get across his point.

"All we know is that the defendant punched his knife three times into Ben Rifkin's chest, killing him." He finalizes. "Three... evenly spaced wounds." Neal begins his hand back. "One."

He does the same motion. "Two." He then turns to look back at Jacob. "Three."

May purses her lips, looking down at her feet. Jacob couldn't help but turn back to look at the girl, though Joanna quickly turned his head away.

Jacob was truly worried that May would begin to believe the things said. He was afraid he would lose her.