The Trial of Dr. Kate (35 page)

She rang the bell, and Jazz swung open the glass partition. “What you want, Miss Shenandoah?” Seeing the dog, she said, “Lord have mercy, is that Mr. Applebee?”

“Hattie Mae had a stroke and died in the courtroom not ten minutes ago. Dr. Kate said for you to keep Mr. Applebee until I can get him later today.”

“That’s terrible! I can’t believe Hattie Mae’s gone. Poor old soul seemed addled at times, but she had a good heart. You sure I ain’t got to keep this dog longer than that?”

“No, I promise I’ll be back to get him. To be honest with you, I don’t know what I’m going to do. But I’ve grown attached to this ugly beast, so I guess I’ll think of something.”

“How’s Dr. Kate? They through with her yet?”

“She’s okay. Jake will make his closing remarks this afternoon, and then the jury will decide what to do.”

“Lord, I hope they let her off. I’m so jittery I’m about to jump out of my skin.”

“I know. We all are. Where’s Austin? I want to say good-bye.”

“In the kitchen. Them Yankee boys sure do like fried chicken.”

As she walked into the room, Shenandoah found Austin taking a bite out of a chicken breast.

“You’re going to miss this about the South,” Shenandoah said.

“You can say that again. I’ve gained five pounds this week. I think it’s the mashed potatoes and gravy that did it.”

“Just in case our paths don’t cross again, I wanted to say goodbye and to wish you luck in law school.”

Austin placed the chicken breast on the platter, wiped his hands on a paper napkin, and stood. “It’s been a real pleasure, Shenandoah. You’re an okay white lady. Let’s stay in touch.”

“I don’t have the slightest idea where I’m going to be. Is there some address where I can find you?”

“My mother’s. I’ll write it down for you.”

They shook hands, and Shenandoah slipped the piece of paper into her shoulder purse.

Jazz walked into the kitchen. “I put Mr. Applebee in an exam room and gave him a bowl of water. When you reckon he last ate?”

“This morning. He may not be hungry for a while. He’s pretty upset. Why don’t you take him a little piece of chicken later this afternoon? Just make sure there’s not a bone in it.”

“You want some lunch, Miss Shenandoah?”

“Thanks, but I’m going over to Hattie Mae’s and make sure everything’s okay. I’ll grab a sandwich.”

At Hattie Mae’s house, an eerie silence engulfed the place. Shenandoah walked through all the rooms and made sure the lights, fans, and faucets were off. In the kitchen, she made herself a cold meat loaf sandwich and drank a glass of milk. Overcome by sadness, she couldn’t believe how fond she’d become of Hattie Mae. Shenandoah assumed that Jake would deal with her estate and find any relatives that might still be alive. Jake would have to dispose of her belongings. Shenandoah would do her share—she’d adopt Mr. Applebee.

P
romptly at one o’clock, Judge Grant convened the court. “Mr. Watson, shall we try again?”

Jake walked to the jury box and placed his right hand on the rail. He nodded at those he knew. “Good afternoon, friends. We’ll all miss Hattie Mae.”

Several men nodded in agreement, and the one woman juror seemed to fight back tears.

“Your tenure is almost over. You’ll soon be deciding the fate of Dr. Katherine Marlow.”

Turning to face the prosecutor’s table, Jake said, “Mr. Flatt over there has explained the charge against our Dr. Kate. He’s accused her of an adulterous affair with Army Johnson and the murder of Lillian Johnson. Mr. Flatt hasn’t proved that Dr. Kate murdered Lillian Johnson. In fact, in the words of our famous friend from Illinois, Mr. Lincoln, his argument is as weak as the soup that is made by boiling the shadow of a pigeon that has starved to death.”

A ripple of laughter floated across the courtroom, and Judge Grant slammed his gavel down.

“Mr. Flatt’s thin soup argument aside,” Jake continued, “let’s look at the facts. Lillian Johnson did die of a lethal dose of Seconal injected into a vein in her right arm. The syringe had Kate’s and Lillie’s prints on it, but there was no print on the plunger. The syringe lay in plain view beside Lillie’s wheelchair. Lillie Johnson was right-handed. These are the facts. Mr. Flatt’s thin soup is in the interpretation of these facts. Mr. Flatt has built a house of circumstantial evidence, a house of cards, so to speak, that under scrutiny will tumble down.

“Mr. Flatt’s thin soup is entirely based on the testimony of one individual: Miss Trudy Underwood. I’m sure all of you were as impressed with Miss Underwood’s tear-streaked testimony as I was, although perhaps for different reasons. You see, I had the good fortune to observe Trudy Underwood in this year’s senior play. This young woman is a talented actress. Perhaps she should ride the Greyhound bus out to Hollywood. I might advance her the funds myself. I watched Trudy turn tears on and off at will during the senior play like a professional performer. So I say that Trudy Underwood was playacting when she gave that tear-streaked testimony. It was an elaborate hoax, a lie aimed directly at an innocent individual. Trudy Underwood was jealous of her own sister, and of Dr. Kate as well. And she wrongly blamed the doctor for her father’s death.”

Jake walked back to the defense table, where Rebecca handed him a notepad. He looked at it and said, “You’ve heard the testimony of Elizabeth Riley, one of Trudy’s friends. You heard her state that Trudy hated Dr. Kate. That she talked about it all the time.

“I’ve paraded a series of character witnesses before you who have, to a man or woman, attested to Dr. Kate’s good character. You probably know most of these individuals and can verify their sincerity.

“What everything boils down to is this: Whom do you believe? Dr. Kate, who for the past nine years has sacrificed her own health looking after Parsons County residents? Or a lovesick young girl who has fantasies of conquering the attention of an older man, the husband of her own dead sister?

“Remember, there was no eyewitness as to what actually happened that morning at Lillian Johnson’s home. Mr. Flatt has jumped to the conclusion that Dr. Kate killed her patient just because one of the doctor’s syringes was found beside Lillian’s wheelchair. Do any of you actually believe Dr. Kate is capable of murder? Even if she were, would she be so stupid as to leave that kind of evidence?

“Our Kate has given you an explanation—a theory, so to speak—about what happened that day. Lillie Johnson was despondent, chronically depressed, and had a dismal life expectancy due to her severe neurological illness and terminal cancer. In despair, she asked Dr. Kate to end her life, and when Kate refused, Lillian did it herself. She planned it carefully. Mr. Flatt tried to plant suspicion in your minds about the fact that Lillie was right-handed. Dr. Kate has explained that it would have been impossible to inject a vein in her left arm because it was inflamed. Could Lillie have injected herself with her left hand? Yes, and Dr. Kate explained how. You may ask why no suicide note was found. No explanation to her friends and family. There may have been such a note. You’d have to get a truthful confession from Trudy Underwood to know for sure. My own suspicion is that if there was one, Trudy destroyed it.

“Dr. Kate admitted to you that she had a drinking problem. She also told you she’s now free and clear of alcohol. Dr. Compton told you that he didn’t believe that this affliction had any effect on Dr. Kate’s medical judgment. I admit that it’s unfortunate she can’t remember her activities that fateful day.

“Mr. Flatt has told you that Dr. Kate and Army Johnson were having an adulterous affair. In his mind, this would be a motive. My friends, even if the rumors were true, all Dr. Kate would have to do was wait for Lillian to die. The poor woman’s life expectancy was only a month or two. There would be no reason for Dr. Kate to kill the desperately ill Lillian.

“She was at Lillian Johnson’s house that morning; we do not dispute that fact. What you must keep in mind is this: Dr. Kate had no reason to end the life of her friend, Lillian Johnson. In fact, she refused to help Lillian commit suicide, even though the woman begged her to do so. I believe with all my heart and soul that Lillian took her own life because she was in such terrible pain.”

Jake started pacing again. “So what should you do? How should you deal with this decision? Let me help you.

“On the charge of first-degree murder, you must find her not guilty, because there is no hard evidence to support this verdict. You must remember that all of the so-called evidence Mr. Flatt has presented to you is purely circumstantial. I’ve known Katherine Marlow all her life, and I know her to be a truthful person. If she says she didn’t end the life of Lillian Johnson, I believe her. You should believe her as well. You have to look into your hearts and decide whom you trust. In addition—and this is important—she can’t take care of you, your children, or your friends if she’s locked up in the women’s prison down in Nashville.

“Thank you. I know in my heart that you’ll do the right thing. God bless you.”

Judge Grant turned his attention to the prosecutor’s table. “Your closing remarks, Mr. Flatt?”

Arising, Thelonious turned to address the jury. “Mr. Watson has attempted to frighten you. He’s implied that unless you free this woman, you’ll have no doctor to look after you and your family. Members of the jury, the University of Tennessee and Vanderbilt University graduate young doctors on a regular basis. Any of these young people could serve your community.

“The defense has tried to paint Miss Trudy Underwood as a liar. Mr. Watson thinks of her as an actress, someone who can turn on and off tears. His defense is so weak—of such thin soup, to paraphrase his own words—that he has attempted a character assassination of an innocent young girl.

“Those tears you witnessed sliding down Trudy Underwood’s cheeks were real. Just because her sister had a miserable prognosis and a short life expectancy doesn’t change the facts. Lillian Johnson did not die of terminal colon cancer. Lillian Johnson did not die of multiple sclerosis. Lillian Johnson died of an overdose of a barbiturate. Your choice is clear. Dr. Katherine Marlow is an impaired physician who can’t account for her whereabouts the day of her friend’s death. She has no credible alibi. Look at the facts, put aside any emotional ties you may have with the defendant, and bring back a verdict of guilty.”

Thelonious gave a slight nod, then turned and walked back to the prosecutor’s table.

“This portion of the trial has concluded,” Judge Grant said. “You, the jury, must now reach a verdict. Upon leaving the courtroom, you are to select a foreman. Any verdict you reach must be unanimous. All exhibits and a written summary of the charge are available to you. The law here is quite straightforward. You must examine the facts as presented, and you must not allow your personal feelings to enter into your decision-making. Whether you like or dislike the defendant should have no bearing on your decision.

“Take your time. This is too important to rush. Remember, you have another human being’s life in your hands. When you’ve reached a verdict, notify the bailiff, and I will reconvene court. For now, court is recessed.” The judge dropped his gavel to the bench, stood, and followed the bailiff out the back door.

The prosecutor and Baxter Hargrove gathered their papers and exited, as always, before Jake and Rebecca. Kate left with Oscar Masterson.

As the defense team started out of the courtroom, Jake pulled Shenandoah aside. “Rebecca and I are going over to the City Café to wait for the verdict. Why don’t you join us? I’m praying it won’t take long.”

“Thanks—I need a cup of coffee. I was up half the night.”

“I heard that Bobby’s in the hospital. How is he?”

“He’s got a broken leg, a black eye, and a cut chin, but I think he’ll be okay.”

“Does anyone know what happened?”

“Army’s going to talk to the highway patrol today. Bobby has total amnesia.”

“Know what you’re going to do yet? How’s your article coming?”

“I’ll finish the article tomorrow morning, and then I’ll mail it to my editor when I go to see Bobby. After tomorrow, I’m going to Nashville and staying in a motel until Bobby’s ready to go home. Depending on how he feels about our relationship, I’ll try to get a job at the
Tennessean.
I’ll have to go back to Memphis and give my boss notice. You think it’s okay if I stay at Hattie Mae’s tonight?”

“Yes. I’m going to probate her will. There’re no relatives. She left her estate to Tennessee Tech. It’s a small amount, but she wanted to set up a scholarship in her daughter’s name. You’re going to take Mr. Applebee?”

“It’s the least I can do.”

Rebecca walked ahead and found them a table in the back of the crowded café. They drank coffee and talked for about thirty minutes. Jake had a bowl of vanilla ice cream with chocolate syrup, and Shenandoah and Rebecca ordered sherbet. An hour passed with no word from the court. Jake looked at his watch and shook his head.

Shenandoah turned to Rebecca and asked, “How are you dealing with this?”

She gave Shenandoah a weak smile. “It’s tearing me apart. Kate and I have never been close, but I love her with all my heart. We’re all that’s left of our family. I think this experience will bring us closer together. I hope something good can come out of this nightmare.”

“This is the first time we’ve had an opportunity to talk,” Shenandoah said. “I don’t really know much about you other than that you’re Kate’s older sister. She told me you have a couple of kids. How old are they?”

“The boy’s nine and his sister’s five. My husband’s an assistant district attorney for Blount County, and I’m in private practice.”

“Do you have a gut feeling how this is going to play out?” Shenandoah asked.

She shook her head. “I haven’t a clue. You’d think that as an attorney, I would, but I don’t. These things take on a life of their own. I feel clueless and helpless.”

After two hours, Jake looked at his watch again. “Damn it, they should’ve been able to reach a decision by now. I guess we might as well go to my office. We drink any more coffee, we’ll be more jittery than we already are and have a terminal case of the heebie-jeebies.”