Chapter 19
Raymond turned off his truck, unbuckled his seatbelt, and turned to look at Amelia sitting in his passenger seat. He reached over and put his hand over hers that she had clasped so tightly in her lap that the knuckles were white.
“It will be okay, I promise. This is a long time coming.” They had just parked in the lot for the courthouse in Denver.
The district court had determined that Perkins and Ervin wouldn’t get a fair trial in Colorado Springs, so they had moved the trial to Denver.
Raymond leaned over, kissed her cheek, then got out of the truck to come around and help her from her side.
He was dressed in his best lawyer suit, and Amelia had worn a skirt, and a jacket with a crisp blouse.
Once they were on the sidewalk, they didn’t touch, or hold hands, but she turned to him and cocked her head to the side. “Tell me again why this defamation of character case is coming before Perkins’ trial for his crimes on others, or for Ervin’s charges?”
“It’s to establish a basis of their deceit.
If they are willing to talk openly about your alleged incompetence, then they would tell lies about anything.
With that established, then we can move on with the other charges against them.
” They paused as they heard a horn toot, and turned to watch as Jason and Ilsa pulled into the lot and parked, and Shay was right behind them.
Raymond looked at her when she frowned. “Shay will testify to what he was told directly about you from Perkins. Then he’s going to testify that Perkins didn’t even examine him, and told him that he would operate on the wrong knee. We got this.”
“Thank you,” Amelia said, and as much as she wanted to hug him and get a kiss, but she would wait.
In her mind, she pictured what she would do to him when they got home.
She kept her expression blank as they greeted the new arrivals and, they were all silent as they entered the courthouse, went through the metal detector, and were directed toward the correct court room.
When they entered, the three lawyers walked forward and told Amelia where to sit at the table.
Shay took a seat behind them. They looked up when others entered, and Amelia didn’t know if she was happy with the people that entered and joined Shay.
Raymond read her face, leaned down, and whispered, “Witnesses. Caleb knew of Shay’s injury the day it happened. ”
“Ah, I understand now.”
“I don’t know if we’ll use him today, but we will definitely have him as a witness in the malpractice case.”
“Okay, I trust you.”
He gave her a look, then when the door opened again, his expression turned to stone, and Amelia looked at the empty bench ahead of them. Fifteen minutes later, they had all stood, and settled down, and the judge called out what the case was about, and he frowned at Amelia’s table.
“I’m sorry, I’ve never seen any of you in my court before. Please introduce yourself.”
“Raymond Morris, lead attorney for Dr. Amelia Johnson.” Everyone saw that the judge was taking notes.
“You have the right to practice law in Colorado?”
Instead of answering, Raymond picked up his license and brought it to the judge. After he nodded, he went back and sat back down.
“Your Honor, I’m Jason Black, I’m serving as second chair in this case.”
“Do you have proof of your license?”
Jason nodded and took his certificate to the judge.
“You’re a federal prosecutor?”
“Yes, Sir.”
That statement caused the lawyers at the other table to sit up and pay attention.
“And you?”
“Ilsa Miller, third chair.” She took her papers to the judge, and after he took more notes, he nodded.
“Proceed.”
“Your Honor, we’re here today for a defamation of character suit to prove that Dr. Reuben Perkins is telling lies against a former colleague. We are here to prove that they are false, and will prove the damage his lies have done to my client’s reputation. Then we will be asking for compensation.”
The judge nodded and then one of the other lawyers stood and said that his client was innocent of the charges of defamation because everything that his client said was true.
The trial started, and if Amelia thought it was a slam dunk case, she was disappointed in the first thirty minutes, because whomever was called to the stand, Raymond questioned them, then the other side would try to prove that the witness was lying until Raymond did a rebuttal and had documented proof of what Perkins told patients.
Raymond’s list of witnesses were nurses, other doctors, and former patients of Amelia’s from the clinic.
They went back and forth for that day, and for the next four days. On the fifth, Raymond finally called Shay to the stand.
“Mr. Hall, could you please tell the court what you did at your previous job before you started your current one?”
“Commander, United States Army National Guard.”
“For how long?”
“Twenty-two years.”
“So, is it honest to say that you take life seriously?”
“Yes.”
“What about oaths?”
“Extremely seriously.”
“What if someone broke one? An oath?”
“If they were a soldier under my command, then we would go through the inquest, then the disciplinary action. The recruit would be reprimanded by being disciplined by the measures already set in place.”
“And if they tried to argue their way out of it?”
“Actions, words, and proof, Sir. That’s what oaths are based on.
Oaths have equal rules. If you break an oath, you break a rule.
Once that oath is broken, you will never get your own integrity back.
In my personal experience, people who break oaths have never repented, and once they start with the lies, they never quit.
Several court marshals have been issued because of soldiers breaking their oaths to their country. ”
“Thank you for your honesty, Mr. Hall.” Raymond nodded and walked back to the table and picked up a piece of paper, read it, then looked up at Shay. “Mr. Hall, can you tell the court what happened six months ago? The reason why you had to use the medical services of Dr. Amelia Johnson.”
The entire courtroom saw Shay shake his head, and his cheeks actually turned red.
“It’s okay, take your time.”
“Sorry, but that was a shameful time, and I still kick myself in the behind for my own stupidity.”
“Take your time,” the judge spoke this time.
“After retiring from the National Guard, I move to Colorado, and I got a job on a horse ranch. I had been there for about six weeks when I was helping the farrier.”
“What’s that?” Raymond asked.
“The person that works on the horses’ feet, trims the hooves.
Well, I helped them with the horse, and I wasn’t paying attention when we finished, and the horse put its foot, with the new shoe on it, on the ground, and kicked out.
I didn’t move in time, and the horse clipped me, just above the right knee.
” As he described what happened, his hand reached down and started rubbing the outside of his right thigh, right above the knee.
“What happened?”
“I left the barn, drove home, and because where I work is a family, another man that works there was at my cabin in minutes, along with the ranch manager, and owner. The first man that arrived helped me remove my shoes, and pants, so the injury could be examined. It was determined that I should go over to the medical building and at least get x-rays. I did that, and I was given the name of Dr. Johnson. The doctor who took the x-rays wasn’t qualified to do anything else, that’s why he recommended I see an orthopedic surgeon. ”
“Why couldn’t the doctor at the medical center you went to treat you?”
“He wasn’t that type of doctor. He’s a chiropractor, and licensed physical therapist. He said he could help me with therapy, but not until after I saw an orthopedic doctor and follow all of their instructions. Once I got the clearance from them, I could see him for therapy if I needed it.”
“What happened, as best as you can recall, when you went to see Dr. Johnson?”
“Because of the people that helped me when I arrived home from my injury, I was equipped with a pair of crutches, and a wheelchair. The next day, the receptionist from Dr. Lassiter’s office had called to make an appointment for me, they had worked with Dr. Johnson before.”
“So, Dr. Johnson was a referral to you?”
“Yes.”
“Okay, please continue.”
“Someone drove me to my appointment, and pushed my wheelchair. When I got to the office, I filled out the paperwork, and was called back. The nurse was friendly, but apologetic. She explained that because I had never been there before, they had to get my vital signs, weight, height, blood pressure, temperature. She apologized because I had to stand for the first two.”
“First two?”
“Weight and height.”
“Okay, please continue.”
“Once I was settled on the exam table, she took my blood pressure and temperature. She then asked me exactly what happened, and how I treated it.”
“Treated it?”
“By going to Dr. Lassiter, getting x-rays from him, then icing the injured area.”
“Did she take your medical history?”
“Yes, what always happens when you visit the doctor.”
“Okay, now, to the best of your ability, please tell us what happened when Dr. Johnson walked into the room.”
Shay nodded. “She walked in, looked me right in the eye, held out her hand, and shook mine as she introduced herself. She then asked what happened, in my own words. Not once during that first three minutes did she not look at me. When she didn’t have any more questions, she put on a pair of gloves and asked me if I could roll up my pant leg so she could examine the area. ”
“Did you? Roll up your pant leg?”
“No, because the injury was so swollen, I had worn a pair of sweat pants that had snaps up the side. I was able to unsnap them from ankle to hip. With her gloved hands, she gently examined the area, then told me that she couldn’t make an informed diagnosis until I had an MRI.
She had the nurse who brought me back to the room call downstairs.
The person who went with me, because I couldn’t drive, wheeled me to the next two appointments. ”
“Two appointments?”
“The MRI and CAT Scan. While I went to get them done, she said she was going to examine the x-rays I brought with me. I had the tests done, and went back to see Dr. Johnson. She pointed out things in the x-rays and MRI, and reassured me that nothing was broken, torn, or messed up enough to warrant any type of surgery.”
“Were you given any restrictions? Any pain pills? Any instructions?”
“Yes, sorry. She gave me a brace that went from mid-calf to mid-thigh leaving my knee completely immobile. Though there was absolutely nothing wrong with my knee, the injury was so close to it that she wanted it immobilized so I wouldn’t damage it.
I was to wear that brace for six weeks, no driving, no working, I was to use the crutches as well as the brace, and because I hate taking pills, we discussed that I could take the over-the-counter meds, and just keep the others as a PRN. ”
“That’s that?”
“As needed.”
“How many of those pills did you take?”
“None.”
“How long were you in that brace?”
“Four weeks,” Shay grinned. “I went to Dr. Lassiter and asked him if he had a smaller one, and if I could go back to work. He did some range of motion work on me, examined the area, took new x-rays, then told me to wait until I talked to Dr. Johnson. He called her with his assessment of me, and a few days later, she showed up at my work and made a house call on me.”
“Really? Isn’t that unheard of?”
“Probably, but she was in the area, and stopped to check on me. She said I could resume my normal duties, but Dr. Lassiter had given me a smaller brace to wear, and she told me to continue to wear that for the next two weeks, then use it on an as needed basis.”
“Still no surgery?”
“Still no surgery.”
“Thank you, now, I need you to tell this court about your interaction with Dr. Perkins.”