We caught hands all around and put our heads down and prayed the Hail Mary, which you don’t have to be a Catholic to know on this reservation as people mutter it at all hours in the grocery store or bars or school hallways. We did ten, mentioning the fruit of thy womb every time, a phrase that Zack found unbearable and couldn’t even say for fear he’d laugh. The day went on pretty much like that—confessions, pep talks, tears, drama-praying. Creepy moments when we had to stare into each other’s eyes. I say creepy because I had to stare into Toast’s eyes, which were burnt holes, unreadable and belonging to a guy, so what was the point anyway. Cappy got to lock eyes with Zelia. This was supposed to be a soul-to-soul encounter. A spiritual thing. But Cappy said he got the worst hard-on of his life.
The flittering energy that had possessed my mother was burnt out and she was resting—but on the couch, not locked in her room. After I got home, my father invited me to sit alongside him on an old rusted kitchen chair next to the garden. The evening was cool and the air stirred the scrub box elder bordering the yard. The big cottonwood clattered by the garage. My father tipped his head back to catch the slow-setting sun on his face.
I had asked him about the damned carcass, and he was trying to think of what to say.
Who is it?
My father shook his head.
The thing is, my father said, the thing is. He was choosing his words very carefully. There will be an arraignment where the judge will decide whether he can be charged. But even now we may be pushing the envelope. The defense attorney is filing a motion for his release. Gabir is hanging in there, but he doesn’t have a case. Most rape cases don’t get this far but we have Gabir. There’s talk by the defense of suing the BIA. Even though we know he did it. Even though everything matches up.
Who is it? Why can’t they just hang him?
My father put his head in his hands, and I said I was sorry.
No, he said, broodingly. I wish I could hang him. Believe me. I imagine myself the hanging judge in an old western; I’d happily deliver the sentence. But beyond playing cowboy in my thoughts, there is traditional Anishinaabe justice. We would have sat down to decide his fate. Our present system though. . . .
She doesn’t know where it happened, I said.
My father tipped his chin down. There is nowhere to stand. No clear jurisdiction, no accurate description of where the crime occurred. He turned over a scrap of paper and drew a circle on it, tapped his pencil on the circle. He made a map.
Here’s the round house. Just behind it, you have the Smoker allotment, which is now so fractionated nobody can get much use out of it. Then a strip that was sold—fee land. The round house is on the far edge of tribal trust, where our court has jurisdiction, though of course not over a white man. So federal law applies. Down to the lake, that is also tribal trust. But just to one side, a corner of that is state park, where state law applies. On the other side of that pasture, more woods, we have an extension of round house land.
Okay, I said, looking at the drawing. Fine. Why can’t she make up a place?
My father turned his head and gazed at me. The skin beneath his eyes was purple-gray. His cheeks were loose folds.
I can’t ask her to do that. So the problem remains. Lark committed the crime. On what land? Was it tribal land? fee land? white property? state? We can’t prosecute if we don’t know which laws apply.
If it happened anyplace else . . .
Sure, but it happened here.
You knew this ever since Mom talked about it.
So did you, my father said.
Since my mother had broken her silence in my presence and set in motion all that followed, I had insisted to my father that he tell me what was happening. And to some extent he did, although not all of it by any means. For instance, he said nothing about dogs. The day after we spoke, a search-and-rescue outfit came to our reservation. From Montana, is what Zack heard.
We were riding aimlessly around, doing wheelies in the dust, circling the