Jodi Picoult - Small Great Things

WHEN EDISON WAS LITTLE, I always knew when he was getting up to no good. I could sense it, even if I couldn’t see it. I’ve got eyes in the back of my head, I would tell him, when he was amazed that even if I turned away, I knew he was trying to steal a snack before dinner.

Maybe that is why, even though I am facing forward like Kennedy told me to, I can feel the stares of everyone sitting behind me in the gallery.

They feel like pinpricks, arrows, tiny bug bites. It takes all my concentration to not slap at the back of my neck, swat them away.

Who am I kidding? It takes all my concentration not to stand up and run down the aisle and out of this courtroom.

Kennedy and Howard are bent together, deep in a strategy session; they don’t have time to talk me down from the ledge. The judge has made it clear that he won’t tolerate disruption from the gallery, and that he has a zero tolerance policy-first strike, you’re out. Certainly that is keeping the white supremacists in check. But they are not the only ones whose eyes are boring into me.

There are a whole host of Black people, many faces I recognize from my mother’s funeral, who have come to lift me up on their prayers. Directly behind me are Edison and Adisa. They are holding hands on the armrest between their seats. I can feel the strength of that bond, like a force field. I listen to their breathing.

All of a sudden I’m back in the hospital, doing what I did best, my hand on the shoulder of a woman in labor and my eyes on the screen that monitors her vitals. “Inhale,” I’d order. “Exhale. Deep breath in…deep breath out.” And sure enough, the tension would leach out of her. Without that strain, progress could be made.

It’s time to take my own advice.

I draw in all the air I can, nostrils flaring, breathing so deeply I envision the vacuum I create, the walls bending inward. My lungs swell in my chest, full to bursting. For a second I hold time still.

And then, I let go.

–

ODETTE LAWTON DOES not make eye contact with me. She is completely focused on the jury. She is one of them. Even the distance she puts between herself and the defense table is a way of reminding the people who will decide my fate that she and I have nothing in common. No matter what they see when they look at our skin.

“Ladies and gentlemen of the jury,” she says, “the case you are about to hear is horrible and tragic. Turk and Brittany Bauer were, like many of us, excited to become parents. In fact the best day of their lives was October second, 2015. On that day, their son Davis was born.” She rests her hand on the rail of the jury box. “Unlike all parents, however, the Bauers have some personal preferences that led them to feel uncomfortable with an African American nurse caring for their child. You may not like what they believe, you may not agree with them, but you cannot deny their just due as patients in the hospital to make decisions about the medical care of their baby. Exercising that privilege, Turk Bauer requested that only certain nurses attend to his infant. The defendant was not one of them-and, ladies and gentlemen, that was a slight she could not stomach.”

If I weren’t so terrified, I would laugh. That’s it? That’s the way Odette glossed over the racism that led to that damn Post-it note on the file? It’s almost impressive, the way she so neatly flipped it so that before the jury got a glance at the ugliness, they were looking at something else entirely: patients’ rights. I glance at Kennedy, and she shrugs the tiniest bit. I told you so.

“On Saturday morning, little Davis Bauer was taken to the nursery for his circumcision. The defendant was alone in that room when the baby went into distress. So what did she do?” Odette hesitates. “Nothing. This nurse with over twenty years of experience, this woman who had taken an oath to administer care as best she could, just stood there. ” Turning, she points to me. “The defendant stood there, and she watched that baby struggle to breathe, and she let that baby die.”

Now I can feel the jury picking me over, jackals at carrion. Some of them seem curious, some stare with revulsion. It makes me want to crawl under the defense table. Take a shower. But then I feel Kennedy squeeze my hand where it rests on my lap, and I lift my chin. Do not let them see you sweat, she’d said.

“Ruth Jefferson’s behavior was wanton, reckless, and intentional. Ruth Jefferson is a murderer.”

Hearing the word leveled at me, even though I have been expecting it, still takes me by surprise. I try to build a levee against the shock of it, by picturing in quick succession all the babies I have held in my arms, the first touch they’ve had for comfort in this world.

“The evidence will show that the defendant stood there doing nothing while that infant fought for his life. When other medical professionals came in and prodded her into action, she used more force than was necessary and violated all the professional standards of care. She was so violent to this little baby boy that you will see the bruising in his autopsy photos.”

She faces the jury once more. “We have all had our feelings hurt, ladies and gentlemen,” Odette says. “But even if you don’t feel that a choice was made correctly-even if you find it a moral affront-you don’t retaliate. You don’t cause harm to an innocent, to get back at the person who’s wronged you. And yet this is exactly what the defendant did. Had she acted in accordance with her training as a medical professional, instead of being motivated by rage and retaliation, Davis Bauer would be alive today. But with Ruth Jefferson on the job?” She looks me square in the eye. “That baby didn’t stand a chance.”

Beside me, Kennedy rises smoothly. She walks toward the jury, her heels clicking on the tile floor. “The prosecutor,” she says, “will have you believe this case is black and white. But not in the way that you think. I’m representing Ruth Jefferson. She is a graduate of SUNY Plattsburgh who went on to get a nursing degree at Yale. She has practiced as a labor and delivery nurse for over twenty years in the state of Connecticut. She was married to Wesley Jefferson, who died overseas serving in our military. By herself, she raised a son, Edison, an honor student who is applying to college. Ruth Jefferson is not a monster, ladies and gentlemen. She is a good mother, she was a good wife, and she is an exemplary nurse.”

She crosses back to the defense table and puts her hand on my shoulder. “The evidence is going to show that one day, a baby died during Ruth’s shift. Not just any baby, though. The infant was the child of Turk Bauer, a man who hated her because of her skin color. And what happened? When the baby died, he went to the police and blamed Ruth. In spite of the fact that the pediatrician-who you will hear from-commended Ruth for the way she fought to save that infant during his respiratory arrest. In spite of the fact that Ruth’s boss-who you will hear from-told Ruth not to touch this child, when the hospital had no right to tell her to abandon her duty as a nurse.”

Kennedy walks toward the jury again. “Here is what the evidence will show: Ruth was confronted with an impossible situation. Should she follow the orders of her supervisor, and the misguided wishes of the baby’s parents? Or should she do whatever she possibly could to save his life?

“Ms. Lawton said that this case was tragic, and she is right. But again, not for the reason you think. Because nothing Ruth Jefferson did or didn’t do would have made a difference for little Davis Bauer. What the Bauers-and the hospital-did not know at the time is that the baby had a life-threatening condition that had gone unidentified. And it wouldn’t have mattered if it were Ruth in the room with him, or Florence Nightingale. There is simply no way Davis Bauer would have survived.”