William Landay - Defending Jacob

The boy had been stabbed three times in the chest. One strike punctured the heart and would by itself have been fatal. The knife was driven straight in and jerked straight out again, one-two-three, like a bayonet. The weapon had a jagged edge, evidenced by shredding at the left edge of each wound and in the torn shirt fabric. The angle of entry suggested an attacker about Ben’s size, five foot ten or so, although the sloping ground in the park made this projection unreliable. The weapon had not been found. There were no defensive wounds: the victim’s arms and hands were unmarked. The best clue, perhaps, was a single pristine fingerprint, stamped in the victim’s own blood, cleanly preserved on a plastic tag on the inside of the victim’s unzipped sweatshirt, where his murderer might have grabbed him by the lapels and tossed him down the slope into the gully. The print did not match either the victim or Paula Giannetto.

The bare facts of the crime had developed very little in the five days since the murder. Detectives had canvassed the neighborhood and twice swept the park, immediately after the discovery and again twenty-four hours later to find witnesses who frequented the park at that hour of the day. The sweeps had yielded nothing. To the newspapers and, increasingly, to the terrified parents at the McCormick School, the murder looked like a random strike. As the days passed with no news, the silence from the cops and the DA’s office seemed to confirm parents’ worst fears: a predator lurked in the woods of Cold Spring Park. Since then, the park lay abandoned, though a Newton Police cruiser idled in the parking lot all day to reassure the joggers and power-walkers. Only the dog owners continued to come, to let their dogs off the leash on a meadow designated for this purpose.

A state trooper in plain clothes named Paul Duffy slipped into my office with a familiar perfunctory knock and sat down opposite my desk, evidently excited.

Lieutenant Detective Paul Duffy was a policeman by birth, a third-generation cop, son of a former Boston P. D. homicide chief. But he did not look the part. Soft-spoken, with a receding hairline and fine features, he might have been in some gentler profession than policing. Duffy headed a state police unit detailed to the DA’s office. The unit was known by its acronym, CPAC (pronounced sea pack). The initials stood for Crime Prevention and Control, but the title was essentially meaningless (“crime prevention and control” is ostensibly what all cops do) and hardly anyone knew what the letters actually meant. In practice, CPAC’s charge was simple: they were the district attorney’s detectives. They worked cases that were unusually complex, long term, or high profile. Most important, they handled all the county’s murders. In homicide cases, CPAC detectives worked alongside the local cops, who for the most part welcomed the assistance. Outside Boston itself, homicides were rare enough that the locals could not develop the necessary expertise, particularly in the smaller towns where murders were rare as comets. Still, it was a politically delicate situation when the staties swept in to take over a local investigation. A light touch like Paul Duffy’s was required. To lead the CPAC unit, it was not enough to be a smart investigator; you had to be supple enough to satisfy the different constituencies whose toes it was CPAC’s job to step on.

I loved Duffy without reservation. Virtually alone among the cops I worked with, he was a personal friend. We often worked cases together, the DA’s top lawyer and top detective. We socialized together too. Our families knew each other. Paul had named me godfather to the middle of his three sons, Owen, and if only I had believed in God or fathers, I would have done the same for him. He was more outgoing than I, more gregarious and sentimental, but good friendships require complementary personalities, not identical ones.

“Tell me you have something or get out of my office.”

“I have something.”

“It’s about time.”

“That doesn’t sound very grateful.”

He flipped a file folder onto my desk.

“Leonard Patz,” I read aloud from a Board of Probation record. “ Indecent A amp;B on a minor; lewd and lascivious; lewd and lascivious; trespass; indecent A amp;B, dismissed; indecent A amp;B on a minor, pending. Lovely. The neighborhood pedophile.”

Duffy said, “He’s twenty-six years old. Lives near the park in that condo place, the Windsor or whatever they call it.”

A mug shot paper-clipped to the folder showed a large man with a pudgy face, close-cropped hair, Cupid’s-bow lips. I slipped it out from under the paper clip and studied it.

“Handsome fella. Why didn’t we know about him?”

“He wasn’t in the sex offender registry. He moved to Newton in the last year and never registered.”

“So how’d you find him?”

“One of the ADAs in the Child Abuse Unit flagged him. That’s the pending indecent A amp;B in Newton District Court, top of the page there.”

“What’s the bail?”

“Personal.”

“What’d he do?”

“Grabbed some kid’s package in the public library. The kid was fourteen, same as Ben Rifkin.”

“Really? That fits, doesn’t it?”

“It’s a start.”

“Wait, he grabs a kid’s balls and he gets out on personal?”

“Apparently there’s some question whether the kid wants to testify.”

“Still. I go to that library.”

“Might want to wear a cup.”

“I never leave home without one.”

I studied the mug shot. I had a feeling about Patz right from the start. Of course, I was desperate-I wanted to feel that feeling, I badly needed a suspect, I needed to produce something finally-so I distrusted my suspicion. But I could not ignore it altogether. You have to follow your intuition. That is what expertise is: all the experience, the cases won and lost, the painful mistakes, all the technical details you learn by rote repetition, over time these things leave you with an instinctive sense of your craft. A “gut” for it. And from this first encounter, my gut told me Patz might be the one.

“It’s worth giving him a shake, at least,” I said.

“There’s just one thing: there’s no violence on Patz’s record. No weapons, nothing. That’s the only thing.”

“I see two indecent A amp;Bs. That’s violent enough for me.”

“Grabbing a kid by the nuts isn’t the same as murder.”

“You got to start somewhere.”

“Maybe. I don’t know, Andy. I mean, I see where you’re going, but to me he sounds like more of a wanker than a killer. Anyway, the sex angle-the Rifkin kid had no signs of sexual assault.”

I shrugged. “Maybe he never got that far. He could have been interrupted. Maybe he propositions the kid or tries to force him into the forest at knifepoint, and the kid resists. Or maybe the kid laughs at him, ridicules him, and Patz flies into a rage.”

“That’s a lot of maybes.”

“Well, let’s see what he has to say. Go bring him in.”

“Can’t bring him in. We’ve got nothing to hold him on. There’s nothing tying him to this case.”

“So tell him you want him to come look through the mug books and see if he can identify anyone he might have seen in Cold Spring Park.”

“He’s already got a Committee lawyer for the pending case. He’s not going to come in voluntarily.”

“Then tell him you’ll violate him for not registering his new address with the sex offender registry. You’ve already got him jammed up on that. Tell him the kiddy porn on his computer is a federal offense. Tell him anything, it doesn’t matter. Just get him in and give a little squeeze.”

Duffy smirked and raised his eyebrows. Ball-grabbing jokes never get old.