Defending Jacob


3 | Back to School


Early the next morning there was a voice in the dark, in Jacob’s room, a groan—and I woke up to find my body already moving, swinging up onto its feet, shuffling around the foot of the bed. Still dense with sleep, I passed out of the gloom of the bedroom, through the gray light of dawn in the hallway, then back into darkness again in my son’s bedroom.

I turned on the wall switch and adjusted the dimmer. Jacob’s room was cluttered with huge oafish sneakers, a MacBook covered with stickers, an iPod, schoolbooks, paperback novels, shoe boxes filled with old baseball cards and comic books. In a corner, an Xbox was hooked up to an old TV. The Xbox disks and their cases were piled nearby, mostly combat role-play games. There was dirty laundry, of course, but also two stacks of clean laundry neatly folded and delivered by Laurie, which Jacob had declined to put away in his bureau because it was easier to pluck clean clothes right from the piles. On top of a low bookcase was a group of trophies Jacob had won when he was a kid playing youth soccer. He had not been much of an athlete, but back then every kid got a trophy, and in the years since he had simply never moved them. The little statues sat there like religious relics, ignored, virtually invisible to him. There was a vintage movie poster for a 1970s chop-socky picture, Five Fingers of Death, which featured a man in a karate outfit smashing his well-manicured fist through a brick wall. (“The Martial Arts Masterpiece! SEE one incredible onslaught after another! PALE before the forbidden ritual of the steel palm! CHEER the young warrior who alone takes on the evil war-lords of martial arts!”) The clutter in here was so deep and permanent, Laurie and I had long since stopped fighting with Jacob to clean it up. For that matter, we had stopped even noticing it. Laurie had a theory that the mess was a projection of Jacob’s inner life—that stepping into his bedroom was like stepping into his chaotic teenage mind—so it was silly to nag him about it. Believe me, this is what you get when you marry a shrink’s daughter. To me, it was just a messy room and it drove me crazy every time I came into it.

Jacob lay on his side at the edge of his bed, not moving. His head was arched back and his mouth hung open, like a howling wolf. He was not snoring but his breathing had a clotted sound; he had been fighting a little cold. Between sliffy breaths, he whimpered, “N—, n—”: No, no.

“Jacob,” I whispered. I reached out to soothe his head. “Jake!”

He cried again. His eyes fluttered behind the eyelids.

Outside, a trolley clattered by, the first train into Boston on the Riverside line, which passed every morning at 6:05.

“It’s just a dream,” I told him.

I felt a little gush of pleasure at comforting my son this way. The situation triggered one of those nostalgic pangs that parents are subject to, a dim memory of Jake as a three- or four-year-old boy when we had a bedtime routine: I would ask, “Who loves Jacob?” and he would answer, “Daddy does.” It was the last thing we said to each other before he went to sleep each night. But Jake never needed reassuring. It never occurred to him that daddies might disappear, not his daddy at any rate. It was me that needed our little call-and-response. When I was a kid, my father was not around. I barely knew him. So I resolved that my own children would never feel that; they would never know what it is to be fatherless. How strange that in just a few years Jake would leave me. He would go off to college, and my time as an everyday, active-duty father would be over. I would see him less and less, eventually our relationship would wither to a few visits a year on holidays and summer weekends. I could not quite imagine it. What was I if not Jacob’s father?

Then another thought, unavoidable in the circumstances: no doubt Dan Rifkin meant to keep his son from harm too, no less than I did, and no doubt he was as unprepared as I was to say good-bye to his son. But Ben Rifkin lay in a refrigerated drawer in the M.E.’s office while my son lay in his warm bed, with nothing but luck to separate the one from the other. I am ashamed to admit that I thought, Thank God. Thank God it was his kid that got taken, not mine. I did not think I could survive the loss.

I knelt beside the bed and circled my arms around Jacob and laid my head on his. I remembered again: when he was a little kid, the moment he woke up every morning Jake used to pad sleepily across the hall to our bed to snuggle. Now, under my arms he was impossibly big and bony and coltish. Handsome, with dark curly hair and a ruddy complexion. He was fourteen. Certainly he would never allow me to hold him this way if he was awake. In the last few years he had become a little surly and reclusive and a pain in the ass. At times it was like having a stranger living in the house—a vaguely hostile stranger. Typical adolescent behavior, Laurie said. He was trying out different personas, getting ready to leave childhood behind for good.

I was surprised when my touch actually settled Jacob down, stopped whatever bad dream he had been having. He drew in a single deep breath and rolled over. His breathing relaxed into a comfortable stride, and he settled into a deep sleep, deeper than I was capable of. (At fifty-one years old, I seemed to have forgotten how to sleep. I woke up several times a night and rarely got more than four or five hours of sleep.) It pleased me to think I had soothed him, but who knows? Maybe he did not even know I was there.


That morning the three of us were all skittish. The reopening of the McCormick School just five days after the murder had us all a little rattled. We followed our normal routine—showers, coffee and bagels, glance at the Net for email and sports scores and news—but we were tense and awkward. We were all up by six-thirty but we dawdled and found ourselves running late, which only added to the anxiety.

Laurie in particular was nervous. She was not only afraid for Jacob, I think. She was unnerved by the murder, still, as healthy people are surprised when they become seriously ill for the first time. You might expect that living with a prosecutor all those years would have prepared Laurie better than her neighbors. She ought to have known by then that—though I was hard-hearted and tone-deaf to point it out the night before—life does go on. Even the wettest violence, in the end, is cooked down to the stuff of court cases: a ream of paper, a few exhibits, a dozen sweating and stammering witnesses. The world looks away, and why not? People die, some by violence—it is tragic, yes, but at some point it ceases to be shocking, at least to an old prosecutor. Laurie had seen the cycle many times, watching over my shoulder, yet she was still thrown by the irruption of violence in her own life. It showed in her every movement, in the arthritic way she held herself, in the subdued tone of her voice. She was working to maintain her composure and not having an easy time of it.

Jacob stared into his MacBook and chewed his rubbery microwaved frozen bagel in silence. Laurie tried to draw him out, as she always does, but he was not having any of it.

“How are you feeling about going back, Jacob?”

“I don’t know.”

“Are you nervous? Worried? What?”

“I don’t know.”

“How can you not know? Who else would know?”

“Mom, I don’t feel like talking now.”

This was the polite phrase we had instructed him to use instead of just ignoring his parents. But by this point he had repeated “I don’t feel like talking now” so often and so robotically, the politeness had drained out of it.

“Jacob, can you just tell me if you’re feeling all right so I don’t have to worry?”

“I just said. I don’t feel like talking.”

Laurie gave me an exasperated look.

“Jake, your mother asked you a question. It wouldn’t kill you to answer.”

“I’m fine.”

“I think your mother was looking for a bit more detail than that.”

“Dad, just—” His attention drifted back to his computer.

I shrugged at Laurie. “The child says he’s fine.”

“I got that. Thanks.”

“No worries, mother. Hunky-dory, end of story.”

“How about you, husband?”

“I’m fine. I don’t feel like talking now.”

Jacob shot me a sour look.

Laurie smiled reluctantly. “I need a daughter to even things up around here, give me someone to talk to. It’s like living with a couple of tombstones.”

“What you need is a wife.”

“The thought has occurred to me.”

We both accompanied Jacob to school. Most of the other parents did the same, and at eight o’clock the school looked like a carnival. There was a little traffic jam out front, heavy with Honda minivans and family sedans and SUVs. A few news vans were parked nearby, barnacled with dishes, boxes, antennae. Police sawhorses blocked either end of the circular driveway. A Newton cop stood guard near the school entrance. Another waited in a cruiser parked out front. Students wended their way through these obstacles toward the door, their backs bent under heavy packs. Parents loitered on the sidewalk or escorted their kids all the way to the front door.

I parked our minivan on the street almost a block away and we sat gawking.

“Whoa,” Jacob murmured.

“Whoa,” Laurie agreed.

“This is wild.” Jacob.

Laurie looked stricken. Her left hand dangled from the armrest, her long fingers and beautiful clear nails. She always had lovely, elegant hands; my own mother’s fat-fingered scrubwoman hands looked like dog’s paws beside Laurie’s. I reached across to take her hand, lacing my fingers in hers so that our two hands made one fist. The sight of her hand in mine made me briefly sentimental. I gave her an encouraging look and jostled our knotted hands. This was, for me, a hysterical burst of emotion, and Laurie squeezed my hand to thank me for it. She turned to gaze through the windshield again. Her dark hair was threaded with gray. Faint wrinkles branched from the corners of her eyes and mouth. But, looking across, I seemed to see her younger, unlined face too, somehow.

“What?”

“Nothing.”

“You’re staring.”

“You’re my wife. I’m allowed to stare.”

“Is that the rule?”

“Yes. Stare, leer, ogle, anything I want. Trust me. I’m a lawyer.”

A good marriage drags a long tail of memory behind it. A single word or gesture, a tone of voice can conjure up so many remembrances. Laurie and I had been flirting like this for thirty-odd years, since the day we met in college and we both went a little love-crazy. Things were different now, of course. At fifty-one, love was a quieter experience. We drifted through the days together. But we both remembered how it all started, and even now, in the middle of my middle age, when I think of that shining young girl, I still feel a little thrill of first love, still there, still burning like a pilot light.

We walked toward the school, climbing the little mound the building is set on.

Jacob sloped along between us. He wore a faded brown hoodie, droopy jeans, and Adidas Superstar throwbacks. His backpack was slung over his right shoulder. His hair was a little long. It hung down over his ears, with a wing across his forehead nearly covering his eyebrows. A braver boy would have taken this look further and flaunted himself as a goth or a hipster or some other flavor of rebel, but that was not Jacob. A hint of nonconformity was all he would risk. There was a wondering little smile on his face. He seemed to be enjoying all the excitement, which, among other things, undeniably broke up the tedium of eighth grade.

When we reached the sidewalk in front of the school, we were absorbed into a group of three young mothers, all of whom had kids in Jacob’s class. The strongest and most outgoing of them, the implicit leader, was Toby Lanzman, the woman I’d seen at the Rifkins’ shiva the night before. She wore shimmery black workout pants, a fitted T-shirt, and a baseball cap with her ponytail threaded through a hole in the back. Toby was a fitness addict. She had a runner’s lean body and fatless face. Among the school fathers, her muscularity was both exciting and intimidating, but electric either way. Me, I thought she was worth a dozen of the other parents here. She was the type of friend you’d want in a crisis. The type who would stand by you.

But if Toby was the captain of this group of mothers, Laurie was its real emotional center—its heart and probably its brain too. Laurie was everyone’s confidante. When something went wrong, when one of them lost a job or a husband strayed or a child struggled in school, it was Laurie she called. They were attracted to the same quality in Laurie that I was, no doubt: she had a thoughtful, cerebral warmth. I had a vague sense, at emotional moments, that these women were my romantic rivals, that they wanted some of the same things from Laurie that I did (approval, love). So, when I saw them gathered together in their shadow family, with Toby in the role of stern father and Laurie the warmhearted mother, it was impossible not to feel a little jealous and excluded.

Toby gathered us into the little circle on the sidewalk, welcoming each of us with a distinct protocol that I never got quite right: a hug for Laurie, a kiss on the cheek for me—mwah, she said in my ear—a simple hello for Jacob. “Isn’t this all just terrible?” She sighed.

“I’m in shock,” Laurie confessed, relieved to be among her friends. “I just can’t process this. I don’t know what to think.” Her expression was more puzzled than distressed. She could not make any logic of what had happened.

“How about you, Jacob?” Toby trained her eyes on Jacob, determined to ignore the age difference between them. “How are you doing?”

Jacob shrugged. “I’m good.”

“Ready to get back to school?”

He dismissed the question with another, bigger shrug—he jacked his shoulders up high then dropped them—to show he knew he was being patronized.

I said, “Better get going, Jake, you’re going to be late. You have to go through a security check, remember.”

“Yeah, okay.” Jacob rolled his eyes, as if all this concern for the kids’ security was yet another confirmation of the eternal stupidity of adults. Didn’t they realize it was all too late?

“Just get going,” I said, smiling at him.

“No weapons, no sharp objects?” Toby said with a smirk. She was quoting a directive that had gone out from the school principal via email, which spelled out various new security measures for the school.

Jacob thumb-lifted his backpack a few inches off his shoulder. “Just books.”

“All right, then. Get going. Go learn something.”

Jacob offered a wave to the adults, who smiled their benevolence, and he shambled off past the police sawhorses, joining the tide of students headed for the school door.

When he was gone, the group abandoned their pretense of cheerfulness. The full weight of worry descended on them.

Even Toby sounded beleaguered. “Has anyone reached out to Dan and Joan Rifkin?”

“I don’t think so,” Laurie said.

“We really should. I mean, we have to.”

“Those poor people. I can’t even imagine.”

“I don’t think anyone knows what to say to them.” This was Susan Frank, the only woman in the group dressed in work clothes, the gray wool skirt-suit of a lawyer. “I mean, what can you say? Really, what on earth can you say to someone after that? It’s just so—I don’t know, overwhelming.”

“Nothing,” Laurie agreed. “There’s absolutely nothing you can say to make it right. But it doesn’t matter what you say; the point is just to reach out to them.”

“Just let them know you’re thinking of them,” Toby echoed. “That’s all anyone can do, let them know you’re thinking of them.”

The last of the women present, Wendy Seligman, asked me, “What do you think, Andy? You have to do this all the time, don’t you? Talk to families after something like this.”

“I don’t say anything, mostly. I just stick to the case. I don’t talk about anything else. The other stuff, there’s not a lot I can do.”

Wendy nodded, disappointed. She considered me a bore, one of those husbands who must be tolerated, the lesser half of a married couple. But she revered Laurie, who seemed to excel in each of the three distinct roles these women juggled, as wife, mother, and only lastly as herself. If I was interesting to Laurie, Wendy presumed, then I must have a hidden side that I did not bother to share—which meant, perhaps, that I considered her dull, not worth the effort that real conversation required. Wendy was divorced, the only divorcée or single mom in their little group, and she was prone to imagine that others studied her for defects.

Toby tried to lighten the mood. “You know, we spent all those years keeping these kids away from toy guns and violent TV shows and video games. Bob and I didn’t even let our kids have water guns, for God’s sake, unless they looked like something else. And even then we did not call them ‘guns’; we called them ‘squirters’ or whatever, you know, like the kids wouldn’t know. Now this. It’s like—” She threw up her hands in comic exasperation.

But the joke fell flat.

“It’s ironic,” Wendy agreed somberly, to make Toby feel heard.

“It’s true.” Susan sighed, again for Toby’s benefit.

Laurie said, “I think we overestimate what we can do as parents. Your kid is your kid. You get what you get.”

“So I could have given the kids the damn water guns?”

“Probably. With Jacob—I don’t know. I just wonder sometimes if it ever really mattered, all the things we did, all the things we worried about. He was always what he is now, just smaller. It’s the same with all our kids. None of them are really all that different from what they were when they were little.”

“Yes, but our parenting styles haven’t changed either. So maybe we’re just teaching them the same things.”

Wendy: “I don’t have a parenting style. I’m just making it up as I go.”

Susan: “Me too. We all are. Except Laurie. Laurie, you probably have a parenting style. Toby, you too.”

“I do not!”

“Oh, yes, you do! You probably read books about it.”

“Not me.” Laurie put up her hands: I’m innocent. “Anyway, the point is, I just think we flatter ourselves when we say we can engineer our kids to be this way or that way. It’s mostly just hardwired.”

The women eyed one another. Maybe Jacob was hardwired, not their kids. Not like Jacob, anyway.

Wendy said, “Did any of you know Ben?” She meant Ben Rifkin, the murder victim. They had not known him. Calling him by his first name was just a way of adopting him.

Toby: “No. Dylan never was friends with him. And Ben never played sports or anything.”

Susan: “He was in Max’s class a few times. I used to see him. He seemed like a good kid, I guess, but who ever knows?”

Toby: “They have lives of their own, these kids. I’m sure they have their secrets.”

Laurie: “Just like us. Just like us at their age, for that matter.”

Toby: “I was a good girl. At their age, I never gave my parents a thing to worry about.”

Laurie: “I was a good girl too.”

I said, intruding, “You weren’t that good.”

“I was until I met you. You corrupted me.”

“Did I? Well, I’m quite proud of that. I’ll have to put it on my résumé.”

But the kidding felt inappropriate so soon after the mention of the dead child’s name, and I felt crude and embarrassed before the women, whose emotional sensibilities were so much finer than mine.

There was a moment’s silence then Wendy blurted, “Oh my God, those poor, poor people. That mother! And here we are, just ‘Life goes on, back to school,’ and her little boy will never, never come back.” Wendy’s eyes became watery. The horror of it: one day, through no fault of your own—

Toby came forward to hug her friend, and Laurie and Susan rubbed Wendy’s back.

Excluded, I stood there a moment with a dumb, well-meaning expression—a tight smile, a softening around the eyes—then I excused myself to go check on the security station at the school entrance before things devolved into more weepiness. I did not quite understand the depth of Wendy’s grief for a child she did not know; I took it as yet another sign of the woman’s emotional vulnerability. Also, that Wendy had echoed my own words from the night before, “Life goes on,” seemed to align her with Laurie in a tiff that had only just been resolved. All in all, an opportune moment to take off.

I made my way to the security station that had been set up in the school foyer. It consisted of a long table where coats and backpacks were inspected by hand and an area where Newton cops, two male, two female, swept the kids with metal-detecting wands. Jake was right: the whole thing was ridiculous. There was no reason to think anyone would bring a weapon into the school or that the murderer had any connection to the school at all. The body had not even been found on school grounds. It made sense only as a show for the anxious parents.

As I arrived, the Kabuki ritual of searching each student had come to a stop. In a rising voice, a young girl negotiated with one of the cops while a second cop looked on, his wand held across his chest at port arms as if he might be called upon to club her with it. The trouble, it became clear, was her sweatshirt, which read “F-C-U-K.” The cop had deemed this message “inciteful” and thus, according to the school’s improvised security rules, forbidden. The girl explained to him that the initials stood for a brand of clothing that you could find at any mall, and even if it did suggest a “bad word” how could anyone be incited by it? and she was not giving up her sweatshirt which was very expensive and why should she let some cop throw an expensive sweatshirt in a Dumpster for no good reason? They were at an impasse.

Her adversary, the cop, had a stooped posture. His neck craned forward so that his head rode out in front of his body, giving him a vulturous look. But he straightened when he saw me approach, drawing his head back, causing the skin under his chin to fold over itself.

“Everything okay?” I asked the cop.

“Yes, sir.”

Yes, sir. I hated the military mannerisms adopted by police departments, the bogus military ranks and chain of command and all that. “At ease,” I said, intending it as a joke, but the cop looked down at his feet, abashed.

“Hi,” I said to the girl, who looked like she was in seventh or eighth grade. I did not recognize her as one of Jacob’s classmates, but she might have been.

“Hi.”

“What’s the problem here? Maybe I can help.”

“You’re Jacob Barber’s dad, aren’t you?”

“That’s right.”

“Aren’t you like a cop or something?”

“Just a DA. And who are you?”

“Sarah.”

“Sarah. Okay, Sarah. What’s the trouble?”

The girl paused, uncertain. Then another gush: “It’s just, I’m trying to tell this officer he doesn’t have to take away my sweatshirt, I’ll put it in my locker or I’ll turn it inside out, whatever. Only he doesn’t like what it says, even though no one will even see it, and there’s nothing wrong with it anyway, it’s just a word. This is all so totally—” She left off the last word: stupid.

“I don’t make the rules,” the cop explained simply.

“It doesn’t say anything! That’s, like, my whole thing! It doesn’t say what he says it says! Anyway, I already told him I’ll put it away. I told him! I told him like a million times but he won’t listen. It’s not fair.”

The girl was about to cry, which reminded me of the grown woman I had just left on the sidewalk also near tears. Jesus, there was no escaping them.

“Well,” I suggested to the cop, “I think it’ll be okay if she just leaves it in her locker, don’t you? I can’t imagine what harm could come of it. I’ll take responsibility.”

“Hey, you’re the boss. Whatever you want.”

“And tomorrow,” I said to the girl, to make it up to this cop, “maybe you’ll leave that sweatshirt at home.”

I winked at her, and she gathered up her things and quick-marched away down the hall.

I took a position shoulder to shoulder with the affronted cop and together we looked out through the school doors toward the street.

A beat.

“You did the right thing,” I said. “Probably should have kept my nose out of it.”

It was bullshit, of course, both sentences. No doubt the cop knew it was bullshit too. But what could he do? The same chain of command that compelled him to enforce a stupid rule now compelled him to defer to some hulking dumb-ass lawyer in a cheap suit who did not know how hard it was to be a cop and how little of the cops’ work ever made it into the police reports that found their way to the clueless virginal DAs all sealed up in their courthouses like nuns in a convent. Pfft.

“It’s nothing,” the cop told me.

And it was nothing. But I stood there awhile, anyway, presenting a united front with him, to be sure he knew whose team I was on.



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