Chapter Eight
“...and behold, the Lord passed by, and a great and strong wind rent the mountains, and broke the rocks in pieces before the Lord; but the Lord was not in the wind; and after the wind an earthquake; but the Lord was not in the earthquake; and after the earthquake a fire; but the Lord was not in the fire; and after the fire a still small voice.”
Melody was about to say something, but the seasoned judge continued.
“I am dwelling on this point for a reason. Young lady, in this case, the State Attorney’s team is asking the court to convict a tenth-grade student for having tried to poison her classmate.
According to you, the defendant planted an inhaler in her friend’s school bag—identical to the inhaler the complainant uses to relieve the symptoms of asthma she suffers from—so that she would inhale the poisonous gas in that inhaler which presumably she had prepared.
However, also according to you, the defendant came to her senses, quickly went to her girlfriend’s bag and managed to remove the supposedly poisonous inhaler before the complainant could use it.
” He removed his glasses and squinted, creating a contemplative and tormented look.
“I find it hard to understand, therefore, where, according to you, the line was crossed separating preparation from attempt?”
Yiftach observed Melody from the last row in the courtroom, feeling assured that she wouldn’t let him down.
She gazed for a moment at the dark floor, pressed her lips together, and her cheeks were on fire when she raised her head and responded to the judge.
“Indeed, Your Honor, it is incumbent upon the prosecution to convince the court that the defendant left the boundaries of preparation and entered the stage of committing an offense. We are convinced that indeed it is the case, for the defendant placed the inhaler in the complainant’s bag after she had purchased the poisonous substance and injected the solution into it.
In other words, the defendant reached the final stage of committing the offense.
If we apply the criteria of the different stages to this case, we surely will reach the conclusion that the line—between preparation and attempt—was, in fact, crossed: The first criterion in this regard is that of the ‘Test of Sufficient Proximity’—this criterion addresses the proximity in terms of place and time to committing the offense.
The defendant, who was present at the scene of the event (proximity of place), carried out all the required actions on her part in order to reach the stage of full implementation of the offense (proximity of time); the second criterion is the ‘Test of the Effective Step’—which examines whether the defendant carried out an initial, overt step to fulfill her objective, a step that set off a chain of actions that, had it not been aborted, would have led to the full implementation of the offense.
In line with this test, the first action in the chain is the attempt.
In the case before us, the defendant carried out even the final action in her contemptable plan—placing the poisoned inhaler in her friend’s bag—which leads us to conclude all the more so that the initial action was also carried out; the third and last test is that of the ‘silent movie’—if the court observes the defendant’s actions as if it were watching a silent movie, surely the court would understand that she was planning to harm the complainant.
I believe, Your Honor that, based on these tests, the case before us is undoubtedly an attempt and not merely preparation. ”
The first hearing in which Yiftach enabled his young colleague to appear before a meticulous, resolute judge ended successfully. They left the courtroom and went to the cafeteria for a drink.
***
“You know, I really envy people like Yiftach and Melody, and I’m sure you’re also like them, people who aren’t afraid to talk before an audience,” Tammi said sadly.
“In such situations, I immediately imagine all those many pairs of eyes staring at me and it totally paralyzes me. I’ve told myself a thousand times that this fear—of talking in front of an audience—has no basis.
I know that there is no venomous scorpion behind the microphone, that there’s no chance of my falling off the stage and dying instantly, and that apparently no one will shoot me with a poisoned arrow.
But these rational thoughts don’t make the fear disappear. Why I am so afraid?”
“Perhaps because you assume that your reputation is at stake and, therefore, you’re afraid to make a mistake. Understand? It may be that you imagine that what you say in public may impact on your future… socially, professionally… such an approach can really be paralyzing.”
She thought about Ro’el’s words and nodded slightly. “And what feedback did Yiftach give Melody on her very first appearance as an attorney equal to all others?”
***
Melody looked at him and raised her eyebrows in anticipation, but he didn’t say a word.
“Well?!” she chastised him.
“Well… what?” he queried.
She smiled, knowing that he knew just how badly she wanted to hear his feedback. “How was I? Give me a grade, from 1 to 100.”
“Eighty-five. Very good, almost,” he answered nonchalantly.
She had expected more than that. It was a backhanded compliment, she thought. The ‘very good’ gladdened her, but the ‘almost’ was a bit annoying. “Why the ‘almost?’” she asked.
“When you spoke about the different tests—that help the court decide whether the case is about preparation or attempt—you didn’t mention ‘The Last Proximate Act Test.’” She wanted to say something, but he didn’t give her a chance.
“To me, it’s clear that you purposely left this out of your argument because it wouldn’t lead to the outcome you wanted, but it is also clear to me that the defense will use it in closing arguments, and at length at that.
They will claim that this test was not met because, at the end, in a moment of truth, the poisoned inhaler was not in the complainant’s bag.
Because, according to this test, one is considered as having attempted to commit an offense only when he actually carries out the last action required to complete the offense and, in our case, even though the defendant placed the poisoned inhaler in the complainant’s bag, the fact that she removed it in the end cannot be ignored.
” He spoke to her like a teacher showing disappointment to an outstanding student.
“Melody, you cannot ignore data that doesn’t fit in, that’s uncomfortable for you because, by doing that, you are letting it fall into the hands of the other side.
You must also address the difficulties that exist in your argument and try to propose solutions.
” She thought about what he had said and nodded.
They looked at one another and remained silent.
“What are you thinking about?” she asked, to break the silence.
“About an important conversation I’ll be having with Weissman tomorrow.” He didn’t intend to speak of it further and changed the subject. “How would you sum up your first four months with the State Attorney’s Office?”
“It’s too soon for me to sum up my experience yet. My basic feeling is that I still have a lot to learn, that I’m still under the watchful eyes of my superiors.” She smiled at him, still under the impact of his words.
“Life is a potpourri of tests,” he replied like a wise old sage, “in the morning, time tests you, to see if you will get the kids to kindergarten on time and not be late for work; and at work, the boss examines you closely, evaluating your performance all throughout the day; and at home, your children test you, to see how smart you are and if you know how to help them with their homework, and if the dinner you prepared is good enough… and it goes on like that till bedtime.”
“And at bedtime?” she continued to smile.
“Your partner tests you, assessing whether you are still as good a lover as you used to be.”
She didn’t seem convinced. “Don’t get me wrong.
I like it here,” she said assuredly, “and it is mostly thanks to you. In general, I feel that my life has gotten back on the right track. That’s very typical of me—most people look back on their past with nostalgia, but I always think that my life in the present is better than it was in the past.”
“In other words,” he wanted to make sure he understood, “if we compare your satisfaction with your present life, with, let’s say… when you were a high school student, your life now is much better?”
“Of course,” she recalled her cursed teenage years, “I had a hard time in high school. In biology class, I learned that I was too fat; in our Hebrew lessons, I learned that I don’t have one good word to say for myself; in math class, I learned that nothing adds up for me; and, in history class, I felt disconnected and rootless. ”
He thought about her words, fully believing her. “And what about chemistry?”
“Oh, there I learned that no one is attracted to me… I hated myself without knowing why.”
“Psychologists would probably advise you to start exploring the wounds of your childhood.”
“I abhor Freudian ways of thinking.”
“I actually admire them.”
“Why?”
“Because, according to them, we are not to blame for anything, it is all our parents’ fault.”
“Tell me, how did you manage to navigate this conversation so that it ‘exposes’ only me? Is this some kind of an examination?”
“It is ‘getting acquainted,’” he corrected her.
“What’s the difference?” she insisted.
“There are two differences: An ‘examination’ is a forced process, whereas ‘getting acquainted’ is a willful matter. Besides, in an examination, only one party is exposed before the other party, whereas when getting acquainted, both parties get to know each other.”
“Bravo! In that case, Yiftach, now is precisely the moment for me to get to know you. How long have you been here? A little less than half a year? How would you sum up this period till now? And, even more importantly—what are your plans for the future? To inherit Weissman’s position?
To become the State’s Chief Attorney? I gather from things I’ve heard that people have big plans for you. ”
“I do whatever it takes to reach the pinnacle.”
“I despise the pinnacle,” she surprised him, “whoever is at the pinnacle is alone. I prefer to be down below, to mingle with common folks.” They remained silent for a moment. “And how do you make a decision?” she asked, “do you follow your mind or your gut feeling?”
“Actually, a combination of both. Each is weaker without the other.”
“I make decisions from my gut feeling,” she offered, “and sometimes it makes me feel a bit unsure of myself.”
“I find a lack of self-confidence repulsive.”
“Interesting,” she replied in a quiet but jibing voice, “I find arrogance repulsive.”
A thin silence followed.