as possible. He stopped the narrative, asked Julio to repeat something, then off they went again.
When Theo could think of no more questions, he glanced at his watch and was surprised at how late it was. It was after 7:00 p.m. and his parents would not be happy that he was late for dinner. He said he needed to leave. The cousin asked what would happen next.
“I’m not sure,” Theo answered. “Give me some time. Let me sleep on it.”
“But you promised not to tell,” Julio said.
“I won’t tell, Julio. Not until we—the three of us—decide on a plan.”
“If he gets scared, he’ll just disappear,” Julio said, nodding at his cousin. “He cannot get caught. Understand?”
“Of course I understand.”
The chicken chow mein was colder than usual, but Theo had little appetite for it. The Boones ate on TV trays in the den. Judge, who had refused dog food since the first week as a member of the family, ate from his bowl near the television. There was nothing wrong with his appetite.
“Why aren’t you eating?” his mother said, her chopsticks in midair.
“I am eating.”
“You seem preoccupied,” his father said. He used a fork.
“Yes, you do,” his mother agreed. “Something happen at the shelter?”
“No, just thinking about Julio and his family and how difficult it must be for them.”
“You’re such a sweet kid, Teddy.”
If you only knew, Theo thought.
Perry Mason, in black and white, was in the midst of a big trial, and he was on the verge of losing the case. The judge was fed up with him. The jurors looked skeptical. The prosecutor was full of confidence. Suddenly, Perry looked into the crowd of spectators and called the name of a surprise witness. The witness took the stand and began telling a story far different from the one the prosecutor had put forth. The new story made perfect sense. The surprise witness withstood the cross-examination, and the jury found in favor of Perry Mason’s client.
Another happy ending. Another courtroom victory.
“Doesn’t work that way,” Mrs. Boone said. It was something she managed to say at least three times during every episode. “No such thing as a surprise witness.”
Theo saw an opening. “But what if a witness suddenly appeared? One that was crucial to finding the truth? And one that no one knew about?”
“If no one knew about him, how would he find his way to the courtroom?” Mr. Boone asked.
“What if he just appeared?” Theo replied. “What if an eyewitness read about the trial in the newspaper, or saw something about it on television, and came forward. No one knew he existed. No one knew he witnessed the crime. What would the judge do?”
It was rare that Theo could stump, even briefly, the other two lawyers in the family. His parents thought about his question. A couple of things were certain at this point. One, both parents would have an opinion. Two, there was no way they would agree.
His mother went first. “The prosecution cannot use a witness it has not disclosed to the court and the defense. The rules prohibit surprise witnesses.”
“But,” his father said, almost interrupting and obviously ready to argue, “if the prosecution doesn’t know about a witness, then the prosecution cannot disclose his identity. A trial is all about finding the truth. Denying an eyewitness the chance to testify is the same as hiding the truth.”
“The rules are the rules.”
“But the rules can be modified by the judge when necessary.”
“A conviction would not stand up on appeal.”
“I’m not so sure about that.”
Back and forth, back and forth. Theo grew quiet. He thought of reminding his parents that neither specialized in criminal law, but such a comment would probably draw fire from both. Such discussions were common in the Boone household, and Theo had learned much about the law over dinner, on the front porch, even riding down the road in the backseat.
For example, he had learned that his parents, as lawyers,
When Theo could think of no more questions, he glanced at his watch and was surprised at how late it was. It was after 7:00 p.m. and his parents would not be happy that he was late for dinner. He said he needed to leave. The cousin asked what would happen next.
“I’m not sure,” Theo answered. “Give me some time. Let me sleep on it.”
“But you promised not to tell,” Julio said.
“I won’t tell, Julio. Not until we—the three of us—decide on a plan.”
“If he gets scared, he’ll just disappear,” Julio said, nodding at his cousin. “He cannot get caught. Understand?”
“Of course I understand.”
The chicken chow mein was colder than usual, but Theo had little appetite for it. The Boones ate on TV trays in the den. Judge, who had refused dog food since the first week as a member of the family, ate from his bowl near the television. There was nothing wrong with his appetite.
“Why aren’t you eating?” his mother said, her chopsticks in midair.
“I am eating.”
“You seem preoccupied,” his father said. He used a fork.
“Yes, you do,” his mother agreed. “Something happen at the shelter?”
“No, just thinking about Julio and his family and how difficult it must be for them.”
“You’re such a sweet kid, Teddy.”
If you only knew, Theo thought.
Perry Mason, in black and white, was in the midst of a big trial, and he was on the verge of losing the case. The judge was fed up with him. The jurors looked skeptical. The prosecutor was full of confidence. Suddenly, Perry looked into the crowd of spectators and called the name of a surprise witness. The witness took the stand and began telling a story far different from the one the prosecutor had put forth. The new story made perfect sense. The surprise witness withstood the cross-examination, and the jury found in favor of Perry Mason’s client.
Another happy ending. Another courtroom victory.
“Doesn’t work that way,” Mrs. Boone said. It was something she managed to say at least three times during every episode. “No such thing as a surprise witness.”
Theo saw an opening. “But what if a witness suddenly appeared? One that was crucial to finding the truth? And one that no one knew about?”
“If no one knew about him, how would he find his way to the courtroom?” Mr. Boone asked.
“What if he just appeared?” Theo replied. “What if an eyewitness read about the trial in the newspaper, or saw something about it on television, and came forward. No one knew he existed. No one knew he witnessed the crime. What would the judge do?”
It was rare that Theo could stump, even briefly, the other two lawyers in the family. His parents thought about his question. A couple of things were certain at this point. One, both parents would have an opinion. Two, there was no way they would agree.
His mother went first. “The prosecution cannot use a witness it has not disclosed to the court and the defense. The rules prohibit surprise witnesses.”
“But,” his father said, almost interrupting and obviously ready to argue, “if the prosecution doesn’t know about a witness, then the prosecution cannot disclose his identity. A trial is all about finding the truth. Denying an eyewitness the chance to testify is the same as hiding the truth.”
“The rules are the rules.”
“But the rules can be modified by the judge when necessary.”
“A conviction would not stand up on appeal.”
“I’m not so sure about that.”
Back and forth, back and forth. Theo grew quiet. He thought of reminding his parents that neither specialized in criminal law, but such a comment would probably draw fire from both. Such discussions were common in the Boone household, and Theo had learned much about the law over dinner, on the front porch, even riding down the road in the backseat.
For example, he had learned that his parents, as lawyers,
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