mommy tell you what would happen today if you came in here and said that Daddy touched your pee-pee ?”
“Yes. She said she would be proud of me, for being such a good girl.”
“Thank you, Rachel,” Fisher says, and sits down.
Ten minutes later, Fisher and I stand in front of the judge in chambers. "I'
m not suggesting, Ms. Frost, that you put words in that child's head,“ the j udge says. ”I am suggesting, however, that she believes she is doing what yo u and her mother want her to do."
“Your Honor,” I begin.
“Ms. Frost, the child's loyalties to her mother are much stronger than her l oyalty to a witness oath. Under those circumstances, any conviction the stat e might secure could be overturned anyway.” He looks at me, not without symp athy. “Maybe six months from now, things will be different, Nina.” The judge clears his throat. “I'm finding the witness not competent to stand trial. D oes the state have another motion in regard to this case?“ I can feel Fisher's eyes on me, sympathetic instead of victorious, and this m akes me fume. ”I need to talk to the mother and child, but I believe the stat e will be filing a motion to dismiss without prejudice.” It means that as Rac hel grows older, we can recall the charge and try again. Of course, Rachel mi ght not be brave enough for that. Or her mother might just want her to get on with life, instead of reliving the past. The judge knows this, and I know th is, and there is nothing either of us can do about it. It's simply the way th e system works.
Fisher Carrington and I walk out of chambers. “Thank you, counselor,” he say s, and I don't answer. We veer off in different directions, magnets repelled .
This is why I'm angry: 1) I lost. 2) I was supposed to be on Rachel's side, but I turned out to be the bad guy. After all, I am the one who made her und ergo a competency hearing, and it was all for nothing.
But none of this shows in my face as I lean down to talk to Rachel, who is w aiting in my office. “You were so brave today. I know you told the truth and I'm proud of you, and your mom's proud of you. And the good news is, you di d such a great job, you don't have to do it again.” I make sure I look her i n the eye as I say this, so it slips inside, praise she can carry in her poc kets. “I need to talk to your mom, now, Rachel. Can you wait outside with yo ur grandma?”
Miriam falls apart before Rachel has closed the door behind herself. “What happened in there?”
“The judge found Rachel not competent.” I recount the testimony she didn't hear. “It means we can't prosecute your ex-husband.”
“How am I supposed to protect her, then?”
I fold my hands on my desk, gripping the edge tight. “I know you have a lawy er representing you in your divorce, Mrs. Marx. And I'd be happy to call him for you. There's still a social services investigation going on, and maybe they can do something to curtail or supervise the visitations . . . but the fact is, we can't put on a criminal prosecution right now. Maybe when Rachel gets older.”
“By the time she's older,” Miriam whispers, “he will have done it to her a t housand more times.”
There is nothing I can say to this, because it is most likely true. Miriam collapses in front of me. I have seen it dozens of times, strong mother s who simply go to pieces, like a starched sheet that melts at a breath of ste am. She rocks back and forth, her arms crossed so tight at her waist that it d oubles her over. “Mrs. Marx, . . . if there's anything I can do for you ...”
“What would you do if you were me?”
Her voice rises like a snake, tugs me forward. “You did not hear this from m e,” I say quietly. “But I would take Rachel, and I would run.” 25 Minutes later, from my window, I see Miriam Marx searching through her purs e. For her car keys, I think. And quite possibly, for her resolve. There are many things Patrick loves about Nina, but one of the best things a