“Where is he placed within the school system?” Daddy asked.
“Jimmy does not
have any abnormal behavioral problems and, pursuant to the school board's inclusion policy, is integrated into a regular classroom. His teachers utilize nonstandard testing to monitor his progress, and I review the results on a monthly basis.”
“What can you tell the Court about Jimmy's current level of intellectual functioning?”
“Once Jimmy grasps a concept, he is capable of retaining it. However, he faces a formidable challenge in appropriately applying what he's learned. The educational process can be frustrating to him, but he maintains a good attitude and has shown adequate progress.”
Mr. Laney stood. “Your Honor, this is a criminal trial, not a parent-teacher conference.”
“Move along, Mr. Mitchell,” the judge said.
“Yes, sir.”
“Why did Daddy say âyes, sir'?” Jimmy whispered to Mama. “Mr. Robinson doesn't look as old as Grandpa.”
“But he's the judge.”
Daddy looked down at the legal pad in his right hand. “Dr. Paris, given the results of your testing, and based upon your three years of professional interaction with Jimmy, do you have an opinion whether he has the capacity to know the importance of telling the truth?”
“Yes, I do.”
“What is your opinion?”
“I believe it is a concept he understands. One of the primary points I emphasize in testing a student is the need to answer every question truthfully. Some psychological tests incorporate inquiries that reveal whether a child is being consistent in his or her responses. Jimmy is uniformly forthright and honest, even if the truth casts him in a negative light. He does not exhibit an inclination to manipulate his answers and try to fool the test.”
“What is she saying about me?” Jimmy asked.
Mama patted him on the leg. “That you're a good boy who tries to do his best and tells the truth.”
“Will Jimmy understand the language of a judicial oath?” Daddy asked.
“If it is explained to him in the right way. He believes in God and will tell the truth because he believes it is a sin to lie. In fact, I think he understands what it means to be a false witness. We discussed the concept recently when he told me that his mother was teaching him the Ten Commandments.”
“Will I have to say them?” Jimmy asked Mama, touching the ends of his fingers. “I can do it with you in my room, but I'd be afraid in front of all these people.”
“Not today.”
Daddy stepped closer to Dr. Paris. “What can you tell Judge Robinson about Jimmy's memory?”
Dr. Paris sat up straighter and looked up at the judge. “When he works hard, Jimmy can memorize rote information. The Ten Commandments are an example. However, there is another side to his memory that is, at times, remarkable. He will occasionally remind me of a phrase or sentence I said months or even years ago. I've discussed this unusual ability with members of the school staff, and others have noticed the same capability.”
“Objection,” Mr. Laney said. “The opinions of other teachers would be hearsay.”
Daddy responded, “She's been qualified as an expert and can rely on statistical data to support her opinion.”
“I don't hear her claiming to have collected statistical data, but I'll allow her to state her opinion and give it the weight I deem appropriate,” the judge said.
Daddy spoke. “If Jimmy told you the substance of a conversation he'd overheard, would you believe him?”
“Generally, yes.”
“That's all from Dr. Paris.”
“Mr. Laney, you may cross-examine the witness,” the judge said.
A few stubborn strands of reddish hair clung to the top of Mr. Laney's head. His face no longer appeared flushed.
“Dr. Paris, are you aware that Jimmy is in the courtroom?”
“Of course. I saw him on the front bench with his mother.”
“Does his presence have any effect on your testimony?”
“No. He doesn't understand the terminology I'm using. He knows he's a special boy.”
Jimmy sat up so he could pay attention. He'd lived almost thirteen years with the word
special
hanging around his neck. Teachers told him that being special was good, and even though he knew he could get in trouble for disagreeing with his teachers, Jimmy thought they were wrong. He'd been special all his life, and it had created a lot of problems for him, especially at school. Being special meant being different from other children, and differences brought persecution and loneliness.
However, when Mama told Jimmy he was special, the word took on another meaning. Coming from her mouth, the word wrapped around him like a hug. Mama couldn't have children of her own, so Jimmy was the one and only object of her love. She chose him when she married Daddy, and from that day forward, Jimmy enjoyed unique status in his family as a very special boy.
Mr. Laney spoke. “Dr. Paris, are you claiming that Jimmy Mitchell has a photographic memory for everything spoken in his presence?”
“Photographic memory relates to visual images. Jimmy's ability is auditory.”
The side of Mr. Laney's neck flashed red all the way to the top of his left ear.
“Dr. Paris, if you want to engage in a semanticâ”
“But I know what you mean,” Dr. Paris continued calmly. “Jimmy can't recall everything he hears. In fact, his memory of conversations appears somewhat random. All I can say is that he sometimes has a parrotlike ability to repeat what he's heard, including words he can't define.”
“Does he understand the significance of what he's repeating?”
“Only if it falls within his level of current cognitive functioning. His world is expanding, but at a much slower rate than for a typical child.”
“Does he remember the information verbatim?”
“I can't answer that because I've never had the opportunity to quantify it in a reliable way, but in my experience the substance of what he remembers is accurate.”
Mr. Laney turned toward the judge.
“Your Honor, the defense is trying to tout this boy as a human court reporter. This is exactly the type of prejudicial activity I warned the Court about before the jury left the courtroom. You have a handicapped young man who will play on the jurors' sympathies when they need to be focusing on the hard evidence in the case.”
“Are you finished with your questions?” the judge asked.
“Uh, no sir.”
“Then save your argument for later.”
Mr. Laney refocused his attention on Dr. Paris.
“Am I correct in stating that not all of his teachers have noticed Jimmy's remarkable memory?”
“That's true.”
“And there's been no attempt to document this purported ability in a scientific way?”
“No, it's just an observation.”
Mr. Laney walked to the table where he'd left his papers.
“Dr. Paris, besides a low IQ and random memory, what other mental or psychological abnormalities have you identified in Jimmy?”
“Objection, Your Honor,” Daddy said. “Only matters relevant to Jimmy's ability to tell the truth and accurately relate information are before the Court.”
“Mr. Laney has Dr. Paris on cross-examination, and given the unusual
nature of the competency issue, I'll give the State wider latitude than normal. Overruled.”
“Go ahead and answer,” Mr. Laney said.
Dr. Paris put the tissue back in her purse without having used it.
“He has a persistent, irrational fear of water. Jimmy won't swim in a pool or go out in a boat. He will take a shower but won't get into a bathtub full of water.”
“How do you know about this fear of water?”
“He's mentioned it generally, and his mother verified it with specific examples.”
“Why does he have this fear of water?”
Dr. Paris glanced at Mama. “His mother believes it may be related to an early childhood trauma, but I've never discussed it with Jimmy. It has no impact on his academic program, so I haven't pursued the origin of his phobia.”
“What kind of trauma?”
Daddy rose to his feet. “Objection to continuing this line of questioning as irrelevant.”
“I agree,” the judge replied. “Sustained.”
“Any other abnormalities?”
Dr. Paris shifted in her chair and looked at Jimmy before answering. He smiled at her. She was good at talking in front of other people.
“He has infrequent hallucinations and delusions.”
Mama reached over and squeezed Jimmy's hand. He looked up at her.
Mr. Laney let Dr. Paris's words linger in the courtroom. After a few moments, he threw his arms wide open and spoke in a loud voice.
“Dr. Paris, let's hear everything you know about Jimmy's hallucinations and delusions.”
Dr. Paris pressed her lips together and tapped one of her red fingernails against the wooden railing that surrounded the witness chair.
“Jimmy sees people who aren't there. He calls them Watchers.”
M
r. Laney waited. When Dr. Paris didn't continue, he lowered his voice and asked, “Watchers? Please tell the court about these Watchers.”
Dr. Paris looked up at the judge. “Jimmy shared this with me in confidence. Am I required to relate this information?”
“Yes.”
Dr. Paris looked at Jimmy.
“Jimmy, I'm going to tell what you told me about the Watchers. Is that okay with you?”
Jimmy didn't move. He wasn't about to say anything. Mama looked at Daddy, who shook his head with a frown.
“Go ahead, Dr. Paris,” the judge said.
Dr. Paris turned toward the judge. “Your Honor, I need to give you some background information. Jimmy is a pleasant boy, but he will only engage in extensive conversation when he believes he is in a safe environment. In the classroom, he rarely speaks and doesn't socialize with other students except for a few classmates who have known him a long time.”
Jimmy leaned close to Mama. “I've known Max since we were little babies.”
Dr. Paris continued. “He observes but doesn't interact. I'm sure he's suffered a degree of persecution from his peers, and instead of acting out in anger or rebellion, Jimmy has chosen a path of limited isolation. Faced with conflict or pressure, he withdraws to wait out the storm. In the classroom, he will sit quietly unless specifically asked a question. Even in a one-on-one setting, it's a challenge to convince him to open up and share private information. During my first year at the school, I never gained his trust, and our interaction remained superficial. However, toward the middle of the second year, he began to reveal the delightful young man he truly is. Recently, we've reached a new level of trust, and he told me about the people he calls Watchers. It came up during a testing session. I noticed him looking up from his workbook and staring at a spot near the doorway of the room. When I asked him about the reason for his distraction, he told me a Watcher had come into the room.”
Jimmy remembered the day of the test. The Watcher roamed the halls of Piney Grove Elementary just like Mrs. Bacon, the school principal. He didn't tell Jimmy any answers on the test; he just wanted to see what Jimmy was doing.
“Did he describe this person?” Laney asked.
“Just as a man he sees from time to time at the school. In a few seconds, Jimmy returned to his work and finished the test. When he gave me his paper, I asked him to tell me more about the man he saw. He didn't offer any additional information except that he was a âschool Watcher.' I asked him why he called him a Watcher, and Jimmy said, âBecause he watches.'”
“What did you conclude from this incident?”
“Initially, I categorized it as an encounter with an imaginary friend. Children often create fantasy figures who inhabit their world. It's a way for a child to work through issues and experiences without facing real consequences, and there's nothing psychologically significant about it. This phenomenon occasionally occurs in children with limited intellectual capacity like Jimmy, and it fits his personality type. The Watcher would enter his private world in a nonthreatening way and help him process external stress and pressure. The day following the test, I asked Jimmy more questions, and he told me that he sees Watchers in different settings: at home, on the street, at friends' houses, at church, even in Hankins's Pharmacy. At that point, I realized this was clinically significant enough to bring up with his mother. She confirmed my observations and provided additional details. Jimmy is convinced these people are real, even though he's the only one who can see them.”
“Mama,” Jimmy whispered, “are you going to tell?”
“No, honey.”
“Does he communicate with these Watchers?”
“Telepathically. He claims that sometimes he can hear their thoughts in his head, which makes it a more complex type of delusion than a strictly visual image.”
“Do they know his thoughts?”
“He believes they do.”
Mr. Laney held his hands in the air with his palms facing upward. “So, we have a young man who lives in a fantasy world inhabited by imaginary people who tell him things the rest of us can't hear and who know what he's thinking even if he is completely silent.”
“At times, although I believe he maintains appropriate interaction with his actual surroundings.”
“But how can he pay attention to all these competing voices and separate the real from the false?”
“Overall, he seems sufficiently in touch with reality to function in a manner consistent with his mental deficits. None of his teachers report inordinate distractibility or similar problems.”
“Would he believe that the information telepathically communicated to him by these Watchers is the truth?”
“He never gave me any examples, so I can't give an opinion.”