Chapter 45
The more “important” witnesses testified Tuesday morning. They were all doctors with busy schedules that prevented them from having to hang around the hallway outside the courtroom and waste time, like the other witnesses. They were given firm dates on which to testify, with approximate hours.
In non-medical terms, she was banged up with cuts and bruises and two broken ribs, but her condition was not life-threatening.
However, because of her age, a lengthy convalescence was expected.
Referring to his notes, he told the jury that after four days she began to show signs of something else, which he and the nurses thought was pneumonia.
Fever, fatigue, nausea, even more aches and pains.
But she was stable and there was no sense of urgency.
Dr. Lilly met the defendant the day after Eleanor was admitted and spoke with him almost every day until she died.
Dr. Lilly was present when the defendant presented a power of attorney and advance directive to the patient as she sat propped up in her bed.
Others were present, including Dr. Connor Wilkes.
Dr. Lilly viewed the situation as unusual, but the defendant did a thorough job of explaining the necessity of the documents and, more important, making sure Eleanor understood what she was doing.
At no time did Dr. Lilly feel as though Eleanor was being unduly pressured or taken advantage of.
However, given the situation, it was obvious she was being advised by her attorney, the defendant.
Earlier, in a private conversation in the hallway, the defendant had admitted to Dr. Lilly that he felt uncomfortable having control over the patient’s medical directives, but there was simply no one else to do so. No family, no friends.
As her condition deteriorated, the defendant was close by and appeared deeply concerned with what was happening.
The patient was placed on a ventilator, as she could not breathe on her own.
During her last twenty-four hours, Dr. Lilly, Dr. Wilkes, and two other doctors, along with the defendant, met to discuss their options.
Mr. Latch was adamant that he would not make the decision to terminate care.
He said it was a medical decision. Once they were unable to detect activity in the brain, Dr. Lilly decided to remove the ventilator.
The defendant agreed, but once again said it was a medical decision.
The patient died ninety minutes later. Dr. Lilly and his staff were of the unanimous opinion that she had died of acute viral pneumonia.
At no time did they suspect the patient had been poisoned.
During a lengthy and methodical cross-examination, Raymond slowly walked the doctor through the last two days of Eleanor’s treatment, and repeatedly drove home the point that Simon Latch had been reluctant to take part in the conversations about her care.
He was obviously troubled by what was happening and felt out of place.
When Dr. Lilly was excused and walked out of the courtroom, Simon and Raymond knew his testimony could not have been better.
The next expert was Dr. Dendra Brock, the longtime medical examiner for the Commonwealth.
She was a highly respected pathologist with thousands of autopsies under her belt.
She had taught, lectured here and there, and published dozens of articles, even a book.
An impressive résumé. As Cora began the stock questions to establish her preeminence in the field, Raymond stood with a smile and said, “Your Honor, if I may interrupt. The defense is perfectly willing to stipulate that Dr. Brock is more than qualified as an expert in her field. Indeed, we feel honored to have her in Virginia and are grateful for her long record of outstanding public service.”
Ms. Cook nodded and smiled at Raymond. Judge Shyam smiled at both and said, “Very well, Dr. Brock is hereby qualified as an expert in the field of forensic pathology. You may proceed.”
In a Q thus, they are concentrated there.
While watching the video of the autopsy two weeks earlier, Simon could almost feel a pain in his own liver, and vowed again to cut back on the bourbon.
Other bright color photos followed: microscopic images of liver tissues from both a once-healthy person and from the deceased; the right kidney, weighing in at 1.
6 pounds and showing darkened areas that, at least in her opinion, proved irreversible damage due to toxins; slides of kidney tissues; then on to the gallbladder with the spleen on deck.
After an hour of gawking at Eleanor’s organs, the jurors had had enough.
Raymond stood again, even more exasperated, and said, “Please, Your Honor, we’re trying to stipulate to the obvious here.
Ms. Barnett died of toxic poisoning. Someone poisoned her.
The problem is that the Commonwealth has the wrong defendant. ”
If he sounded like a broken record, it was intentional. Say something over and over and eventually folks will start to believe it. Ms. Cook was tired of the self-serving nature of Raymond’s objections and snapped, “Oh, we have the right defendant, Your Honor.”
“Please, please,” Judge Shyam said, both hands in the air. “How much longer with this witness?”
Ms. Cook lost her cool and said, “Oh, I don’t know, Judge. I didn’t realize we had a time limit.”
“There is no time limit, Ms. Cook. It’s just that you have proven what needs to be proven with this witness, and the defense has agreed. Can we please move along?”
“Certainly.”
Dr. Brock went through the procedures of collecting biological fluids and tissue samples, labeling and storing them, then delivering them to her preferred lab in Bethesda.
The day after the autopsy, a special courier drove the samples to the lab.
At each step of the process, the chain of custody was certified.
Raymond said more than once, “Your Honor, we are not questioning the chain of custody. We’re not questioning anything pertaining to the cause of death.”