Life Support (46 page)

37

A thousand fantasies begin to throng into my memory, of calling shapes, and beck'ning shadows dire.

JOHN MILTON

A
lexia sat down, and Ken Pinchot stood to his feet. Even though the scheduling of the hearing had been quick, Alexia knew the older lawyer would have a well-organized line of attack.

“Dr. Draughton, even though an EEG of the brain is similar to an EKG of the heart, are there differences between the accuracy and precision of the two tests?”

“Yes.”

“Could you explain your answer for the court?”

“An EKG tests the electrical activity of the heart with very little interference. The results of an EEG can be affected by the thickness of the skull. The measurements are made in microvolts and in some places the skull may reach one-half inch in thickness. This requires a higher degree of interpretation to reach a conclusion.”

Pinchot held several sheets of paper in his hand. Alexia could see from the title page that it was a medical journal article and suspected it documented the potential deficiencies of EEG testing. However, instead of attacking Dr. Draughton with the opinions of the physicians who wrote the article, Pinchot wisely gave the doctor the responsibility of independently admitting the limitations in EEG and evoked potential testing. If he didn't give a complete list of problems, the article was there for backup proof that the neurologist didn't have a comprehensive grasp of the subject.

“Would you agree that, in common medical understanding, an EKG test is more accurate in evaluating the heart than an EEG of the brain?”

“As a general principle, I agree; however, the medical community accepts the efficacy of the evoked potential and EEG tests as diagnostically sound.”

Pinchot continued to press forward. “Is there a subjective component to your interpretation of these types of tests?”

Alexia squirmed in her seat. She suspected where Pinchot was going but wasn't sure. She wished she'd traveled this road with the doctor beforehand.

“What do you mean? The numbers are absolute.”

“By subjective, I simply mean the interpretation of the data is an opinion, an educated guess if you will, taking into consideration your years of training and experience.”

“An opinion, not a guess.”

“But it's not based upon totally objective data such as an x-ray of a broken bone.”

The doctor's face became puzzled. “It requires more training and expertise to interpret the tests we're discussing than to diagnose a severely fractured leg on a plain x-ray.”

“And with these more sophisticated tests could other neurologists reach different conclusions when presented with the same data?”

“It's possible.” The doctor opened his mouth and then shut it.

Pinchot waited a second before continuing. “Did anyone else interpret the test results?”

“Not at the time.”

“How many other neurologists have subsequently reviewed the test results?”

Dr. Draughton glanced at Alexia. She could tell he was troubled by the line of questioning but couldn't guess why.

The doctor spoke. “An associate in my office, Dr. Weatherman, provided the initial care for the patient at the hospital. He saw my findings and prepared a memo, which we discussed during an intraoffice staffing review.”

“Do you have that memo with you?”

“No.”

Alexia leaned over to Rena.

“Do you know Dr. Weatherman?”

Rena shook her head. “No, I never met him. Ezra is giving me so many dirty looks that I can't follow the testimony. Can you ask the judge to tell him to keep his eyes to himself?”

Alexia wouldn't be drawn into a petty battle on the sidelines. “No. Just don't look over at him,” she whispered.

“Did Dr. Weatherman concur with your interpretation of the test data you've discussed today?” Pinchot asked.

“Not completely, but he has not spent as much time working in this area as I have.”

“But didn't you state earlier that the numbers were absolute?”

“Yes.”

“So can different neurologists reach different conclusions using the same data?”

“To a certain degree, but usually not in a significant way.”

“Did Dr. Weatherman conclude that Baxter Richardson is in a persistent vegetative state?”

Alexia held her breath. Unless he had a copy of the memo, Pinchot was on thin ice.

“Not initially,” the doctor admitted. “But later he modified his position. We often challenge one another during staffing meetings. It's a valuable way to make sure that we're not overlooking something.”

Pinchot picked up a sheet of paper from his table. Alexia was sure it had to be the memo.

“Did Dr. Weatherman prepare a subsequent memo changing his opinion?”

“If he did, I haven't seen it.”

Pinchot dropped the sheet back onto the table and looked at the judge.

“That's all from this witness.”

Pleased that she didn't have to do any damage control, Alexia quickly moved to close the door for further questions.

“Your Honor,” she said, “to avoid being redundant, we have nothing to add to the testimony offered by Dr. Draughton on direct examination.”

“Very well. Call your next witness.”

Alexia touched Rena on the arm.

“Rena Richardson.”

Alexia had seen Rena exhibit a broad range of moods, and as her client walked to the witness stand, she wondered which Rena Richardson would testify. Seated close to Judge Holcomb, her client looked young and vulnerable.

“Please state your name,” Alexia said.

“Rena Richardson,” she said in a steady voice.

Alexia didn't jump directly to the accident at the waterfall. She spent time painting a picture of Rena and Baxter's short life together. She paused at their meeting with the former Leggitt & Freeman lawyer whose failure to cancel Ezra's power of attorney had created the mess that brought them to the courtroom.

“How many meetings did you have with Mr. Lipscomb?”

“Two.”

“What did you discuss at each one?”

“First, we talked about our wills. That took up most of the time. Then he told us we needed to consider signing papers that gave instructions about our medical care in case we were in an accident or had a serious illness. He gave us forms to take home and read.”

“Did both of you read them?”

“Yes.”

“Did you and your husband discuss the documents Mr. Lipscomb prepared?”

Pinchot stood up. “Objection as hearsay, Your Honor.”

Alexia stepped forward to respond. “Mr. Baxter is unable to testify because he is in a coma. We have the documents signed by Mr. and Mrs. Richardson to tender into evidence as proof of their decision. This testimony is offered as proof that they were signed voluntarily by Mr. Richardson with full understanding of their contents.”

“What are the documents?” the judge asked.

“A declaration of desire for a natural death and a health care power of attorney granting authority to Mrs. Richardson.”

The judge looked at Pinchot. “Have you seen the forms she mentioned?”

“Yes, but the health care power of attorney is subordinate to the durable power of attorney held by my client.”

“I'm aware of the issue. At this time, all I want to know is whether there is going to be any objection to admitting the documents mentioned by Ms. Lindale into evidence?”

“I would like to reserve my objections until after I conduct my cross-examination.” “Then I'll let the witness answer the question and give it the weight I deem appropriate. Proceed.”

Alexia looked at Rena. “Go ahead,” she said.

“I forgot the question,” Rena said meekly.

It was a nice touch and added to Rena's air of innocence. Alexia repeated the question, and Rena sat up straighter in the witness chair.

“Yes, we talked about the different places to check on the forms and what it meant. We decided that we didn't want to be kept alive with machines and tubes. Both of us believed the same way.”

Rena stopped and touched her right eye with a tissue she'd wadded up in her hand. “Of course,” she continued, “we had no idea what would happen a few months later.”

“I know it is difficult, but please tell the judge how Baxter was injured.”

Alexia and Rena had discussed how to handle the sensitive issue of the events at Double-Barrel Falls without revealing Baxter's conduct. Alexia told her client to keep it simple and avoid details other than the facts surrounding the hike and that Baxter fell to the rocks below.

Rena paused again before answering. As she did, the back door of the courtroom opened. Alexia didn't turn around until she saw the look on Rena's face. All the color drained from her client's cheeks. Glancing over her shoulder, Alexia saw the scarred visage of Detective Giles Porter. The detective sat down on the back row and folded his arms across his chest.

Rena held out her hand and pointed. “Get him out of here!” she cried out.

Startled, the judge looked toward the back of the room. “Sir, who are you and what is your business here?”

The detective rose to his feet and introduced himself. “I have an interest in this matter since I was the one who found Mrs. Richardson and told her that her husband was alive. It was my understanding that this was an open hearing.”

Alexia spoke. “Your Honor, there has been a history of intimidation of my client by Detective Porter, and I ask that he be banned from the courtroom during her testimony.”

The judge looked skeptically at Alexia. “Intimidation? Are there any criminal charges pending against your client?”

“No. But there was a confrontation at the ICU waiting room at the hospital, and I told Detective Porter that any further contact with my client would have to go through me.”

Ken Pinchot stood up. “The respondent has no objection to the detective remaining in the courtroom.”

“But there is no reason for him to be here,” Alexia insisted. “He is not going to be a witness for either side.”

The judge gave Alexia a hard look. “And I haven't heard a legitimate reason to exclude him. Continue with the testimony.”

There was a wild look in Rena's eyes, and Alexia made a quick decision. She deleted every question related to what happened at the waterfall. Picking up the declaration of desire for a natural death and health care power of attorney, she approached the witness.

“Are these the documents your husband signed during your second visit to the lawyer's office?”

Rena looked down at the signatures.

“Yes.”

Alexia stayed right in front of her so that Porter was shielded from Rena's view.

“As the holder of the health care power of attorney, what would you like the judge to do?”

Rena answered in such a low voice that even Alexia couldn't clearly understand her.

“Speak louder,” the judge commanded.

Rena kept her head down. “I think he wants to die.”

It was a terrible, ineffective answer. Alexia felt a rush of anger and adrenaline. Quickly, she regrouped and offered Rena a chance to rehabilitate her answer by giving the correct response in a follow-up question.

“Why do you think your husband would want to be freed from the machines that are artificially keeping him alive?”

Rena looked up at Alexia without answering. The silence lasted for several awkward seconds.

“Because it's wrong to make him keep on suffering.”

Alexia wanted to keep going but didn't have the confidence Rena would go with her. Wary of what might happen next, she retreated.

“Your witness,” she said.

Ken Pinchot sprang up like a leopard that had its prey cornered in a hopeless situation. Alexia saw the fire flash across Ken's eyes and, for the first time in her career, prayed for a witness.

“Ms. Richardson, before Detective Porter came into the courtroom, were you about to tell us what caused the injuries to your husband?”

Alexia stood. “Objection, Your Honor. The issue is not how Mr. Richardson was injured but whether it is appropriate to continue extraordinary life-sustaining measures.”

The judge held up her hand and stared hard at both lawyers before answering.

“Counsel will note that there aren't any jurors in this courtroom, and I am not interested in listening to you joust and spar this afternoon. My responsibility is to make a very serious, life-and-death decision because the family of this unfortunate young man has been unable to do so. From this point forward, I only want to hear testimony directly related to the issue I have to decide. If the testimony wavers from that goal, it will not be tolerated. Is that clear?”

Pinchot didn't back down.

“But the motivation of Mrs. Richardson in wanting to terminate her husband's life support would have a bearing on whether—”

“No, it won't!” the judge interrupted. “My only interest is the medical question and the legal documents related to it.”

“May I make an offer of proof for the record?” Pinchot asked.

“Yes, if you keep it brief.”

Pinchot then told in his own words what he believed his cross-examination of Rena would have revealed if the judge had allowed him to ask his questions. It was a way of preserving the record in case there was an appeal to determine whether Judge Holcomb incorrectly limited the testimony.

“We believe Mrs. Richardson wants to use the medical power of attorney to terminate her husband's life so that she can collect the inheritance provided in her husband's last will and testament. Finally, the court observed the effect upon Mrs. Richardson of Detective Porter's entrance into the courtroom. There are serious questions about the petitioner's potential culpability in the injuries suffered by her husband.”

Alexia kept her eyes glued to Rena while Pinchot talked. Her client's face changed shades from rage red to ghostly white. Alexia felt the urge to reel her in.