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classmates. This was not a lesson you had to teach someone like me,
whose waistline was larger than her bra size; or Cheryl Otenski, who had
gotten her period in full view of every other sixth grader during an assembly
where she happened to be wearing white pants. "Late bloomers,"
the teacher called it—that was close enough to my last name for me to be
the butt of every joke for the remaining week.
I had told my mother I had the bubonic plague and refused to get
out of bed for three days, spending most of it under the covers and wishing
I could just miraculously skip ahead ten or fifteen years to when my
life surely would be more pleasant.
After seeing Shay, I was sorely tempted to pull the same act. If I
stayed in bed when the verdict was read, did that mean the plaintiff lost
by default?
Instead of driving to my house, however, I found myself pointing in
the opposite direction and turned into the emergency entrance of the
hospital. I felt as if I'd been poleaxed, which surely qualified me for medical
attention—but I didn't think that even the most gifted physician
could cure a skeptic who'd come to see the light: I could not remain as
emotionally unattached from my client as I'd believed. This wasn't, as I'd
told myself, about the death penalty in America. It wasn't about my
career as a litigator. It was about a man I'd been sitting next to—a man
whose scent I could recognize (Head & Shoulders shampoo and pungent
industrial soap); whose voice was familiar (rough as sandpaper, with
words dropped like stepping-stones)—who would, very shortly, be dead.
I did not know Shay Bourne well, but that didn't mean he would not
leave a hole in my life when he exited his own.
"I need to see Dr. Gallagher," I announced to the triage nurse. "I'm a
personal..."
What?
Friend?
Girlfriend?
Stalker?
Before the nurse could rebuff me, however, I saw Christian coming
down the hall with another doctor. He noticed me and—before I could even
make a decision to go to him—he came to me. "What's wrong, sweetheart?"
No one except my father had ever called me that. For this reason,
and a dozen others, I burst into tears.
Christian folded me into his arms. "Follow me," he said, and led me
by the hand into an empty family waiting room.
"The governor denied Shay's stay of execution," I said. "And Shay's
best friend died, and I was the one who had to tell him. And he's going to
die, Christian, because he won't let me try to find new evidence to exonerate
him." I drew away from him, wiping my eyes on my sleeve. "How
do you do it? How do you let go?"
"The first patient who died on my table," Christian said, "was a
seventy-six-year-old woman who came in complaining of abdominal pain
after a meal at a posh London restaurant. A half hour into the surgery, she
coded, and we couldn't bring her back." He looked up at me. "When I
went into the family waiting area to speak with her husband, the man
just kept staring at me. Finally, I asked him if he had any questions, and
he said he'd taken his wife to dinner to celebrate their fiftieth wedding
anniversary." Christian shook his head. "That night, I sat with her body
in the morgue. Silly, I know, but I thought that on one's fiftieth anniversary,
one didn't deserve to spend the night alone."
If I hadn't been swayed before by Christian's charm, good looks, or
the way he called the trunk of his car a boot and the hood a bonnet, I
was now completely smitten.
"Here's the thing," Christian added. "It doesn't get any easier, no
matter how many times you go through it. And if it does—well, I suspect
that means you've lost some part of yourself that's critically important."
He reached for my hand. "Let me be the attending physician at
the execution."
"You can't," I said automatically. Killing a man was a violation of the
Hippocratic oath; doctors were contacted privately by the Department of
Corrections, and the whole event was kept secret. In fact, in the other executions
I'd studied before Shay's trial, the doctor's name was never
mentioned—not even on the death certificate.
"Let me worry about that," Christian said.
I felt a fresh wave of tears rising. "You would do that for Shay?"
He leaned forward and kissed me lightly. "I would do that for you,"
he said.
* * *
If this had been a trial, here were the facts I'd present to the jury:
1. Christian had suggested that he swing by my house after his
shift, just to make sure I wasn't falling apart at the seams.
2. He was the one who brought the bottle of Penfolds.
3. It would have been downright rude to refuse to have a glass. Or
three.
4. I truly could not establish the causal line between how we went
from kissing on the couch to lying on the carpet with his hands
underneath my shirt, and me worrying about whether or not I
was wearing underwear that was a step above granny panties.
5. Other women—those who have sex with men more often than
once during a senatorial term, for example—probably have a
whole set of underwear just for moments like these, like my
mother has a set of Sabbath china.
6. I was truly hammered if I had just thought of sex and my mother
in the same sentence.
Maybe the details here weren't nearly as important as the outcome—I
had a man in my bed, right now, waiting for me. He was even more beautiful
without clothes on than he was in them. And where was I?
Locked in the bathroom, so paralyzed by the thought of my disgusting,
white, fish-bellied body being seen by him that I couldn't open the
door.
I had been discreet about it—lowering my lashes and murmuring something
about changing. I'm sure Christian assumed I meant slipping into lingerie.
Me, I was thinking more along the lines of morphing into Heidi Klum.
Bravely, I unbuttoned my blouse and stepped out of my jeans. There
I was in the mirror, in my bra and panties, just like a bikini—except I
wouldn't be caught dead in a bikini. Christian sees a hundred bodies a day, I
told myself. Yours can't be any worse than those.
But. Here was the ripple of cottage cheese cellulite that I usually
avoided by dressing in the dark. Here was the inch (or two) that I could
pinch with my fingers, which vanished beneath a waistband. Here was
my butt, large enough to colonize, which could so craftily be camouflaged
by black trousers. Christian would take one look at the acoustic
version of me and run screaming for the hills.
His voice came, muffled, through the bathroom door. "Maggie?"
Christian said. "Are you all right in there?"
"I'm fine!" Fmjat.
"Are you coming out?"
I didn't answer that. I was looking inside the waistband of my pants.
They were a twelve, but that didn't count, because this label had resized
downward so that fourteens like me could feel better about themselves
for being able to squeeze into the brand at all. But hadn't Marilyn Monroe
been a size fourteen? Or was that back when a size fourteen was really an
eight—which meant that comparatively, I was a behemoth compared to
your average 1940s starlet?
Well, hell. I was a behemoth compared to your average 2008 starlet,
too.
Suddenly I heard scratching outside the door. It couldn't have been
Oliver—I'd put him in his cage when he kept sniffing around our heads
as we'd rolled across the living room carpet having our From Here to Eternity
moment. To my horror, the locked doorknob popped open and
began to twist.
I grabbed my ratty red bathrobe from the back of the door and
wrapped it around myself just in time to see the door swing open. Christian
stood there, holding a wire hanger with its neck straightened.
"You can pick locks, too?" I said.
Christian grinned. "I do laparoscopic surgery through belly buttons,"
he explained. "This isn't dramatically different."
He folded his arms around me and met my gaze in the mirror. "I can't
say come back to bed, because you haven't been in it yet." His chin
notched over my shoulder. "Maggie," he murmured, and at that moment
he realized that I was wearing a robe.
Christian's eyes lit up and his hands slipped down to the belt. Immediately,
I started to tug him away. "Please. Don't."
His hands fell to his sides, and he took a step back. The room must
have cooled twenty degrees. "I'm sorry," Christian said, all business. "I
must have misread—"
"No!" I cried, facing him. "You didn't misread anything. I want this. I
want you. I'm just afraid that... that... you won't want me."
"Are you jokingl I've wanted you since the moment I didn't get to examine
you for appendicitis."
"Why?"
"Because you're smart. And fierce. And funny. And so beautiful."
I smiled wryly. "I almost believed you, until that last part."
Christian's eyes flashed. "You truly think you're not?" In one smooth
motion, before I could stop him, he yanked the wide shawl collar of the
robe down to my elbows, and my blouse along with it. My arms were
trapped; I stood before him in my underwear. "Look at you, Maggie," he
said with quiet awe. "My God."
I could not look at myself in the mirror, so instead, I looked at Christian.
He wasn't scrutinizing breasts that sagged or a waist that was too
thick or thighs that rubbed together when the temperature climbed
above eighty degrees. He was just staring at me, and as he did, his hands
began to shake where they touched me.
"Let me show you what I see when I look at you," Christian said quietly.
His fingers were warm as they played over me, as they coaxed me
into the bedroom and under the covers, as they traced the curves of my
body like a roller coaster, a thrill ride, a wonder. And somewhere in the
middle of it all, I stopped worrying about sucking in my stomach, or if
he could see me in the half-light of the moon, and instead noticed how
seamlessly we fit together; how when I let go of me, there was only room
for us.
* * *
Wow.
I woke up with the sun slicing the bed like a scalpel, and every
muscle in my body leering like I'd started training for a triathlon. Last
night could effectively be classified as a workout, and to be honest, it was
the first exercise routine I could see myself really looking forward to on a
daily basis.
I smoothed my hand over the side of the bed where Christian had
slept. In the bathroom, I heard the shower being turned off. The door
opened, and Christian's head popped out. He was wearing a towel. "Hi,"
he said. "I hope I didn't knock you up."
"Well. I, uh, hope so, too..." Christian frowned, confused, and I realized
that we were not speaking the same language. "Let me guess," I
said. "Where you come from, that doesn't mean getting a girl pregnant?"
"Good God, no! It's, you know, rousing someone from their sleep."
I rolled onto my back and started laughing, and he sank down beside
me, the towel slipping dangerously low. "But since I've knocked you up,"
he said, leaning down to kiss me, "maybe I could try my hand at knocking
you up..."
I had morning breath and hair that felt like a rat had taken nest in it,
not to mention a courtroom verdict to attend, but I wrapped my arms
around Christian's neck and kissed him back. Which was about the same
moment that a phone began to ring.
"Bloody hell," Christian muttered, and he swung over the far side of
the bed to where he'd folded his clothes in a neat pile, his cell phone and
pager resting on top. "It's not mine," he said, but by then I'd wrapped his
discarded towel around me and hiked to my purse in the living room to
dig out my own.
"Ms. Bloom?" a woman's voice said. "This is June Nealon."
"June," I said, immediately sobering. "Is everything all right?"
"Yes," she said, and then, "No. Oh, God. I can't answer that question."
There was a beat of silence. "I can't take it," June whispered.
"I can't imagine how difficuft all this waiting has been for you," I
said, and I meant it. "But we should know definitively what's going to
happen by lunchtime."
"I can't take it," June repeated. "Give it to someone else."
And she hung up the phone, leaving me with Shay's heart.
M I CHAEL
There were only seven people attending Monday morning Mass, and I
was one of them. I wasn't officiating—it was my day off, so Father
Walter was presiding, along with a deacon named Paul O'Hurley. I participated
in the Lord's Prayer and the sign of peace, and I realized these
were the moments Shay had missed: when people came together to
celebrate God. You might be able to find Him on your own spiritual
journey, but it was a lonelier trip. Coming to church felt like validation,
like a family where everyone knew your flaws, and in spite of that was
still willing to invite you back.
Long after Father Walter finished Mass and said his good-byes to
the congregants, I was still sitting in a pew. I wandered toward the
votive candles, watching the tongues of their flames wag like gossips.
"I didn't think we'd see you today, with the verdict and all," Father
Walter said, walking up to me.
"Yeah," I said. "Maybe that's why I needed to come."
Father Walter hesitated. "You know, Mikey, you haven't been fooling
anyone."
I felt the hair stand up on the back of my neck. "No?"
"You don't have to be embarrassed about having a crisis of faith,"
Father Walter said. "That's what makes us human."
I nodded, not trusting myself to respond. I wasn't having a crisis of
faith; I just didn't particularly think Father Walter was any more right in
his faith than Shay was.
Father Walter reached down and lit one of the candles, murmuring
a prayer. "You know how I see it? There's always going to be bad stuff
out there. But here's the amazing thing—light trumps darkness, every
time. You stick a candle into the dark, but you can't stick the dark into
the light." We both watched the flame reach higher, gasping for
oxygen, before settling comfortably. "I guess from my point of view, we
can choose to be in the dark, or we can light a candle. And for me,
Christ is that candle."
I faced him. "But it's not just candles, is it? There are flashlights and
fluorescent bulbs and bonfires..."
"Christ says that there are others doing miracles in His name,"
Father Walter agreed. "I never said there might not be a million points
of light out there—I just think Jesus is the one who strikes the match."
He smiled. "I couldn't quite understand why you were so surprised
when you thought God had showed up, Mikey. I mean, when hasn't He
been here?"
Father Walter started to walk back down the church aisle, and I fell
into step beside him. "You got time for lunch in the next few weeks?"
he asked.
"Can't," I said, grinning. Til be doing a funeral." It was a joke between
priests—you couldn't schedule anything when your plans were
likely to be changed by the lives and deaths of your parishioners.
Except this time, as I said it, I realized it wasn't a joke. In days, I'd
be presiding over Shay's funeral.
Father Walter met my gaze. "Good luck today, Mike. I'll be praying."
Out of the blue I remembered the Latin words that had been combined
to create religion: re + ligere. I had always assumed they translated
to reconnect. It was only when I was at seminary that I learned
the correct translation was to bind.
Back then, I hadn't seen a difference.
When I first arrived at St. Catherine's, I was given the task of hosting a
heart: St. Jean Marie Baptiste Vianney's, to be precise—a French priest
who'd died in 1859, at the age of seventy-three. Forty-five years later,
when his body was exhumed, the priest's heart had not decayed. Our
parish had been chosen as the U.S. location for the heart's veneration;
thousands of Catholics from the Northeast were expected to view the
organ.
I remembered being very stressed out, and wondering why I had to
battle police lines and roadblocks when I had turned to the priesthood
to get closer to God. I watched Catholics file into our little church and
disrupt our Mass schedule and our confession schedule. But after the
doors were locked and the onlookers gone, I'd stare down at the glass
case with the organ sealed inside. The real wonder, to me, was the
course of events that had brought this ancient relic all the way across
an ocean to be venerated. Timing was everything. After all, if they
hadn't dug up the saint's body, they never would have known about
his heart, or told others. A miracle was only a miracle if someone witnessed
it, and if the story was passed along to someone else.
Maggie sat in front of me with Shay, her back straight as a poker,
her wild mane of hair tamed into a bun at the base of her neck. Shay
was subdued, shuffling, fidgety. I glanced down at my lap, which held
a manila envelope Maggie had passed me—a piece of art left behind by
Lucius DuFresne, who'd passed away over the weekend. There had
also been a note on a piece of lined paper:
June has refused the heart. Have not told Shay.
If, on a long shot, we won this case—how would we break the
news to Shay that we still could not give him what he so desperately
wanted?
"All rise," a U.S. marshal called.
Maggie glanced at me over her shoulder and offered a tight smile,
and the entire courtroom got to its feet while Judge Haig entered.
It was so quiet that I could hear the tiny electronic gasps of the
video equipment as the judge began to speak. "This is a unique case in
New Hampshire's history," Haig said, "and possibly a unique case in the
federal court system. The Religious Land Use and Institutionalized Persons
Act certainly protects the religious freedoms of a person confined
to an institution such as Mr. Bourne, but that doesn't mean that such a
person can simply claim that any of his beliefs constitutes a true religion.
For example, imagine what would happen if a death row inmate
announced that by the tenets of his religion, he had to die of old age.
Therefore, when balancing the religious rights of inmates against the
compelling governmental interest of the state, this court is mindful of
more than just the monetary cost, or even the security cost to other inmates."
The judge folded his hands. "That being said... we are not in the
habit in this country of allowing the government to define what a
church is, or vice versa. And that puts us at a standstill—unless we can
develop a litmus test for what religion really is. So how do we go about
doing that? Well, all we have to work with is history. Dr. Fletcher posed
similarities between Gnosticism and Mr. Bourne's beliefs. However,
Gnosticism is not a flourishing religion in today's world climate—it's not
even an existing religion in today's world climate. Although I don't presume
to be the expert on the history of Christianity that Dr. Fletcher is,
it seems to me a stretch to connect the belief system of an individual
inmate in a New Hampshire state prison to a religious sect that's been
dead for nearly two thousand years."
Maggie's hand slipped back through the slatted rails that separated
the first row of the gallery from the plaintiff's table. I snatched the
folded note she held between her fingers. WE'RE SCREWED, she had
written.
"Then again," the judge continued, "some of Mr. Bourne's observations
about spirituality and divinity seem awfully familiar. Mr. Bourne
believes in one God. Mr. Bourne thinks salvation is linked to religious
practice. Mr. Boume feels that part of the contract between man and
God involves personal sacrifice. All of these are very familiar concepts
to the average American who is practicing a mainstream religion."
He cleared his throat. "One of the reasons religion doesn't belong in
a courtroom is because it's a deeply personal pursuit. Yet, ironically,
something Mr. Bourne said struck a chord with this court." Judge Haig
turned to Shay. "I am not a religious man. I have not attended a service
for many years. But I do believe in God. My own practice of religion,
you could say, is a nonpractice. I personally feel that it's just as worthy
on a weekend to rake the lawn of an elderly neighbor or to climb a
mountain and marvel at the beauty of this land we live in as it is to
sing hosannas or go to Mass. In other words, I think every man finds
his own church—and not all of them have four walls. But just because
this is how I choose to fashion my faith doesn't mean that I'm ignorant
about formal religion. In fact, some of the things I learned as a young
man studying for his bar mitzvah resonate with me even now."
My jaw dropped. Judge Haig was Jewish?
"There's a principle in Jewish mysticism called tikkun olam," he
said. "It means, literally, world repair. The idea is that God created the
world by containing divine light in vessels, some of which shattered
and got scattered all over. It's the job of humanity to help God by finding
and releasing those shards of light—through good deeds and acts.
Every time we do, God becomes more perfect—and we become a little
more like God.
"From what I understand, Jesus promised his believers entry into
the Kingdom of Heaven—and urged them to prepare through love and
charity. The bodhisattva in Buddhism promises to wait for liberation
until all who suffer have been freed. And apparently, even those longgone
Gnostics thought that a spark of divinity was inside all of us. It
seems to me that no matter what religion you subscribe to, acts of kindness
are the stepping-stones to making the world a better place—
because we become better people in it. And that sounds, to me, a bit
like why Mr. Bourne wants to donate his heart."
Did it really matter whether you believed that Jesus spoke the
words in the Bible or the words in the Gospel of Thomas? Did it matter
whether you found God in a consecrated church or a penitentiary or
even in yourself? Maybe not. Maybe it only mattered that you not judge
someone else who chose a different path to find meaning in his life.
"I find under the Religious Land Use and Institutionalized Persons
Act of 2000 that Shay Bourne has a valid and compelling religious
belief that he must donate his organs at the time of his death," Judge
Haig pronounced. "I further find that the State of New Hampshire's plan
to execute Mr. Bourne by lethal injection imposes a substantial burden
on the ability to exercise his religious practices, and that they therefore
must comply with an alternate means of execution, such as hanging,
that will allow organ donation to be medically feasible. Court's adjourned,
and I want to see counsel in my chambers."
The gallery exploded in a riot of noise, as reporters tried to get to
the attorneys before they left to meet with the judge. There were
women sobbing and students punching their fists in the air, and in the
back of the room, someone had begun to sing a psalm. Maggie reached
over the bar to embrace me, and then quickly hugged Shay. "I gotta
run," she said, and Shay and I were left staring at each other.
"Good," he said. "This is good."
I nodded and reached out to him. I had never embraced Shay
before, and it was a shock to me—how strong his heart beat against my
own chest, how warm his skin was. "You have to call her," he said.
"You have to tell the girl."
How was I supposed to explain that Claire Nealon didn't want his
heart?
"I will," I lied, the words staining his cheek like Judas's kiss.
Maggie
Wait until I told my mother that Judge Haig was not Catholic, like Alexander,
but Jewish. No doubt it would inspire her to give me the speech
again about how, with time and perseverance, I could be a judge, too. I
had to admit, I liked his ruling—and not just because it had come out in
favor of my client. His words had been thoughtful, unbiased, not at all
what I expected.
"All right," Judge Haig said, "now that the cameras aren't on us, let's
just cut the crap. We all know that this trial wasn't about religion, although
you found a lovely legal coatrack to hang your complaint on, Ms.
Bloom."
My mouth opened and closed, sputtering. So much for thoughtful
and unbiased; Judge Haig's spirituality, apparently, was the kind
that made itself present only when the right people were there to
see it.
"Your Honor, I firmly believe in my client's religious freedoms—"
"I'm sure you do," the judge interrupted. "But get off your high horse
so we can settle this business." He turned to Gordon Greenleaf. "Is the
state really going to appeal this for a hundred and twenty dollars?"
"Probably not, Judge, but I'd have to check."
"Then go make a phone call," Judge Haig said, "because there's a
family out there who deserves to know what's going to happen, and
when. Are we clear on that?"
"Yes, Judge," we both parroted.
I left Gordon in the hallway, hunched over his cell phone, and
headed downstairs to the holding cell where Shay was most likely
still incarcerated. With each step, I moved a little more slowly. What
did you say to the man whose imminent death you'd just set in
motion?
He was lying on the metal bench in the cell, facing the wall. "Shay," I
said, "you okay?"
He rolled toward me and grinned. "You did it."
I swallowed. "Yeah. I guess I did." If I had gotten my client the verdict
he wanted, why did I feel like I was going to be sick?
"Did you tell her yet?"
He was talking about June Nealon, or Claire Nealon—which meant
that Father Michael had not had the guts to tell Shay the truth either, yet.
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