The Defendant by Chris Taylor Page B

at the woman and her son seated across from her. It had been two days since she’d spoken to Chase and then had made the call to Kelly Logan. It was obvious Daniel and his mother weren’t faring well. Josie’s greeting to him a few moments earlier had gone largely ignored and his mother’s response was only slightly better.
    Kelly Logan looked like she was in her late thirties. Though her shoulder-length brown hair hung lank around her face, her skin was clear and well maintained. Remnants of nail polish remained on her fingers, evidence of an earlier manicure. Once upon a time, a time before the assault, she’d been a woman who took care of herself. Swallowing a sigh, Josie tried again to establish a connection.
    “Mrs Logan, thank you for coming in and for bringing Daniel to see me. I explained a little of the reason for your visit when we spoke on the phone.”
    “Yes, you did. Something about the prosecutor wanting a report.”
    “That’s right. Daniel’s lawyer has arranged for him to be assessed by a psychologist. It’s normal procedure for the Crown to do the same. The purpose of the report is twofold. The prosecutor has asked me to assess Daniel’s fitness to stand trial. He’s a little concerned your son may still be too traumatized to deal with the reality of a hearing and to provide his lawyer with adequate instructions. The other purpose is to determine whether Daniel knew what he was doing was wrong.”
    The woman’s frown was fierce. “Of course he knew it was wrong. Do you think we’ve raised our boys to be lawless animals?”
    Josie hurried to explain. “Of course not, Mrs Logan. I’m sorry, I didn’t mean to give you that impression. I’m sure Daniel’s a good boy. I’m sure he knows right from wrong. What I’m talking about has to do with how the law perceives these things.
    “ Doli incapax is a term the law uses when dealing with children under the age of fourteen. A child between the ages of ten and fourteen can be charged with a criminal offence, but the burden rests on the prosecution to prove the child knew what he was doing was wrong.”
    Kelly Logan opened her mouth again and Josie hurried on. “Not merely in a naughty sense or something for which he might be punished, but wrong in a criminal sense. It’s an important distinction. If the Crown fails to prove Daniel’s mens rea —his mindset—in a criminal sense, the case against him will be dismissed and the charges will be dropped.”
    Hope flared in the woman’s tortured eyes. “Really? They could drop the whole thing? H-how likely is that to happen?”
    Josie swallowed a sigh and answered as honestly as she could. “I don’t know. It depends upon Daniel. I interviewed him the night it happened. He recounted a set of events. Based upon this, he was charged with murder. I don’t know if the interview will be admissible. That’s for the court to decide. It’s my job to dig a little deeper, to find out exactly what he thought at the time of the offense, how he felt, what made him act the way he did. My recommendation to the court will depend upon my findings.”
    Daniel’s mother stared at Josie with eyes that had been through more than anyone should have to bear. Quiet tears slid down her cheeks. Josie bit her lip against the surge of emotion that tightened her chest and made breathing difficult.
    “I’m so sorry, Mrs Logan,” she whispered. “I don’t know what else to say.”  
    “Of course you don’t. No one does. Not even me. I close my eyes, I try to sleep, but all I see is him . I hear him. I feel him. I—”
    “Mrs Logan,” Josie interrupted and stole a look in Daniel’s direction. She was relieved to find him staring blankly at the wall beside him, his head turned sideways, away from them. He appeared oblivious to his mother’s quiet but furious outburst.
    Josie reached across her desk and placed her hand over Kelly’s. “Mrs Logan, you need to seek some professional help. Please tell me