My bailiff was speaking to Nova, urging her to walk on down and take the stand.
For a moment, I thought she might bolt. I could see it in her eyes. It’s happened before, in my courtroom. In an incest case. The little girl took one step inside before she turned and fled. We ultimately had to use video testimony. Which is tricky in Bullock County. We’re low-tech. And there’s the Sixth Amendment to consider. The Confrontation Clause.
I was thinking of the Sixth as I watched Nova slowly makeher way to the bench. She was required to relate the details of her trauma to all these strangers, and she’d have to tell her story directly in front of Dr. Gaines. That was sure to be hard on the girl, a brutal experience. And then they’d order Nova to point the doctor out in court, identify her for the record.
Finally, Nova arrived in front of the bench. When she looked up at me, I said, “Miss Jones, you’ll need to promise to tell the truth in court. Everyone has to do that. The clerk will administer the oath.”
Lindquist spoke up. “Judge? I thought I’d ask a few questions first. To, you know, demonstrate her comprehension of the oath. Show the court that she understands the significance of sworn testimony.”
I exchanged a glance with Meyers at the defense table. He remained silent. “Ms. Lindquist, the defense hasn’t raised an objection to Miss Jones’s competence as a witness. She’s not a child. The witness is thirteen years old, is that correct?”
Lindquist was still smiling, displaying a shiny mouthful of teeth. “Yes, thirteen, Your Honor. Just a brief exam. For the jury’s benefit.”
I looked back at Meyers. He lifted his shoulders in a shrug. No objection, then. I thought he might accuse the State of trying to bootstrap their witness’s credibility.
“Ms. Lindquist, I want the record to be clear. The court has not required this demonstration. But the defense does not object to it. All right, then, you can proceed.”
I turned my attention to Nova. Made sure my voice was warm when I spoke. “Go ahead and sit in that empty chair, Miss Jones. Up here on the stand, by me. You’re going to answer some questions before you take the oath.”
Nova ducked her head as she stepped onto the witness stand. When she sat, she grabbed the arms of the chair and held on tight.
In a bright voice, the AAG said, “Good morning! Nova, I’m going to ask you questions about telling the truth. Can you look up, please?”
Nova raised her head. Her mouth was trembling. I wanted to reach out, wrap her in a hug, like I’d do if one of my nieces was in that kind of state, upset and scared and shaking.
The lawyer said, “Nova, when people testify in court, they make a promise to tell the truth. Do you know what that means?”
I saw her release the arms of the chair. She slipped her hands under her thighs, hiding them from view. “Uh-huh.”
“So you know the difference between the truth and a lie?”
“Yeah.”
Her voice was so soft, the jurors might not be able to hear her. I said, “Can you speak up, Nova? I know it’s hard, but those folks in the jury box want to hear what you have to say.”
She nodded. Repeated it. “I know the difference.”
Lindquist said, “Is it wrong to tell a lie, Nova?”
“It’s wrong.”
The AAG mimed placing one hand on a Bible and raising the other. “Nova, some people put their hand on a Bible to swear to tell the truth. Are you familiar with the Bible?”
“Yes.”
“Do you go to church?”
“Yes, ma’am. Victory Baptist.”
This line of inquiry was spinning out of control. “Ms. Lindquist, it feels like you’re rehabilitating a witness who hasn’t even testified yet. Where are you going with this?”
Lindquist resented the interruption. Her eyes were chilly as sheregarded me. “Just a couple more, Judge. Nova! Does the Bible say it’s wrong to tell a lie?”
“It’s false witness.”
The girl was demonstrating biblical knowledge that a lot of people lack. But the questions weren’t making her more comfortable with the witness chair. She swayed to one side and had to grip the arm of the chair again. I feared she was in danger of passing out.
“I’m cutting this off, Ms. Lindquist.” To Nova, I said, “You feeling all right, Miss Nova?”
