Crisis (34 page)
"He was shocked at Patience's condition and told me to call an ambulance immediately."
"Had Patience's condition changed dramatically between your telephone conversation with Dr. Bowman and his arrival?"
"No, it had not."
"Did Dr. Bowman say anything to you at that point that you found inappropriate?"
"Yes. He blamed me for not having described Patience's condition adequately."
"Did that surprise you?"
"Of course it surprised me. I had told him how bad she was, and I had urged more than once that she should be taken directly to the hospital."
"Thank you, Mr. Stanhope. I appreciate your testimony about this tragic event. I have one more question: When Dr. Bowman arrived that fateful night, what was he wearing? Can you remember?"
"Objection," Randolph said. "Immaterial."
Judge Davidson twirled his pen and looked at Tony. "Is this relevant or mere embellishment?"
"Very relevant, Your Honor," Tony said, "as will be clear with testimony from the very next plaintiff witness."
"Objection overruled," Judge Davidson said. "Witness may answer the question."
"Dr. Bowman arrived in a tuxedo with a young woman in a low-cut dress."
Some of the jurors exchanged glances with their immediate neighbors, as if wondering what he or she was thinking.
"Did you recognize the young woman?"
"Yes, I had seen her at Dr. Bowman's office, and he said she was his secretary."
"Did their formal attire strike you as odd or significant?"
"Both," Jordan said. "It was odd because it suggested they were en route to a social function, and I knew Dr. Bowman was married, and significant because I wondered if their attire had anything to do with Dr. Bowman's decision to come to the house rather than meet us at the hospital."
"Thank you, Mr. Stanhope," Tony said, gathering his papers. "No more questions."
"Mr. Bingham," Judge Davidson said, nodding in Randolph's direction.
Randolph hesitated for a moment. It was clear he was in deep thought. Even when he stood up and approached the podium, he seemed to be moving by reflex rather than by conscious intention. The courtroom was hushed in attentive expectancy.
"Mr. Stanhope," Randolph began. "I will ask you only a few questions. All of us at the defense table, including Dr. Bowman, are saddened by your loss and can appreciate how difficult it is for you to revisit that fateful evening, so I will be brief. Let us go back to the telephone conversation you had with Dr. Bowman. Do you recall telling Dr. Bowman that it was your recollection that Patience had never complained of chest pain before?"
"I'm not certain. I was very upset."
"And yet with Mr. Fasano, your memory of the same telephone conversation seemed impressively complete."
"I might have said she'd never had chest pain. I'm just not sure."
"I should remind you that in your deposition, you did so state. Should I read it to you?"
"No. If it is there, then it is true. And now that you remind me, I believe I did say she'd never had chest pain. It was eight months ago, and I was under duress. The deposition was much closer to the event."
"I can appreciate that, Mr. Stanhope. But I'd like you to search your memory for Dr. Bowman's response. Do you recall what he said?"
"I don't believe I do."
"He corrected you and reminded you she had had chest pain on several previous occasions, for which he came to the house."
"Maybe he did."
"So it seems that your memory of what was said during this phone conversation is not as clear as we were led to believe just a few minutes ago."
"The phone conversation was eight months ago, and I was frantic at the time. I don't think it's unreasonable."
"It is certainly not unreasonable, yet you are certain Dr. Bowman specifically said Patience was having a heart attack."
"He said that it had to be ruled out."
"Your choice of words suggests that Dr. Bowman was not the one who brought up the subject."
"I brought up the subject. I asked him if that was what he was thinking. I guessed, from the questions he was asking me to ask Patience."
"Saying it has to be ruled out is a lot different than stating Patience was having a heart attack. Would it surprise you if I told you Dr. Bowman never used the words
heart attack
in your conversation?"
"We talked about it. That I remember."
"You brought it up. He merely said, 'It has to be ruled out.' He never even said the term."
"Maybe that is the way it happened, but what difference does it make?"
"I believe it makes a lot of difference. Do you believe that whenever someone has chest pain -- like yourself, for instance -- and a doctor is on call, he or she thinks a heart attack has to be ruled out?"
"I assume so."
"So when you told Dr. Bowman Patience had chest pain, it is not surprising that Dr. Bowman would think it had to be ruled out, even if the chances were very, very small."
"I suppose not."
"And on those previous house calls Dr. Bowman made to see Patience in response to a complaint of chest pain, what was the ultimate diagnosis on each occasion?"
"It was assumed to be intestinal gas."
"Correct! Intestinal gas in the splenic flexure of the colon, to be exact. It was not heart attacks or heart pain, since ECGs and enzymes were normal and stayed normal on subsequent examinations."
"They were not heart attacks."
"Dr. Bowman made a lot of house calls to attend to Patience. In fact, the records show a rate of visitation approximately once per week over an eight-month interval. Is that consistent with your recollection?"
Jordan nodded, which brought an admonition from the judge: "The witness will speak up for the benefit of the court reporter and the record."
"Yes," Jordan called out.
"Was it Patience's preference to be seen at home?"
"Yes. She did not like to go to the doctor's office."
"Was she fond of hospitals?"
"She was terrified of hospitals."
"So by making house calls, Dr. Bowman was catering to your wife's needs and wishes."
"Yes, he was."
"Since you are semiretired and spent a good deal of your time at home, you had a lot of opportunity to interact with Dr. Bowman, with his making so many house calls."
"Indeed," Jordan agreed. "We spoke on each visit and were quite congenial."
"I assume you were always in attendance when Dr. Bowman attended Patience."
"Either I or our maid."
"During any of these conversations with Dr. Bowman, which I assume dealt primarily with Patience, did the term
hypochondriasis
come up?"
Jordan's eyes darted to Tony's and then back to Randolph. "Yes, it did."
"And I assume you know the definition of the term."
Jordan shrugged. "I suppose."
"It's applied to an individual who has a preoccupation with normal sensations and functions and believes them to be indicative of severe problems needing medical attention. Is that generally your understanding of the term?"
"I would not have been able to define it quite like that, but yes, that's my understanding."
"Did Dr. Bowman ever apply that term to Patience?"
"He did."
"Did he use the term in a derogatory context?"
"No, he did not. He said that it was always important to remember that hypochondriacs could have real illnesses as well as their psychological ones, and even if their imaginary illness were not real, they still suffered."
"A few moments ago, when Mr. Fasano was questioning you, you testified that Patience's condition did not change dramatically between your telephone conversation and Dr. Bowman's arrival."
"That's correct."
"During your conversation, you told Dr. Bowman that you believed Patience was having some difficulty breathing. Do you remember that?"
"Yes, I do."
"You also said you believed she appeared rather blue. Do you remember that as well?"
"I don't know if those were my exact words, but it is the gist of what I was saying."
"I contend that it was exactly what you said or extremely close. In your deposition, you agreed it was extremely close. Would you like to read the relevant portions?"
"If I said it was extremely close, then it was. At this point, I don't remember."
"When Dr. Bowman arrived, he found Patience totally blue and hardly breathing at all. Would you say that was a big difference from your description over the phone?"
"I was trying to do my best in a difficult situation. I made it very clear to him she was very ill and that she should be seen at the hospital."
"One further question," Randolph said, straightening his tall, lean frame to its six-foot-plus limit. "Taking into account Patience's long history of hypochondriasis, along with a number of previous episodes of chest pain caused by intestinal gas, do you believe on the evening of September eighth, 2005, that Dr. Bowman thought Patience Stanhope was having a heart attack?"
"Objection," Tony cried, getting to his feet. "Hearsay."
"Sustained," Judge Davidson said. "The question can be posed to the defendant himself during his testimony."
"No more questions," Randolph said. He strode back toward the defense table.
"Do you wish to redirect?" Judge Davidson asked Tony.
"No, Your Honor," Tony said.
As Jordan stepped down from the witness box, Jack turned to Alexis. He flashed her a thumbs-up on Randolph's cross-examination, but then his eyes went to the jurors. They didn't strike him as being nearly as riveted as he had been. Instead of many of them leaning forward as they'd been earlier, they were all leaning back in their chairs, arms folded across their chests, except for the plumber's assistant. He was back to fussing with his nails.
"Plaintiff, call your next witness!" Judge Davidson ordered.
Tony stood up and bellowed, "Ms. Leona Rattner to the stand, please."
12
BOSTON, MASSACHUSETTS WEDNESDAY, JUNE 7, 2006 3:25 P.M.
Jack twisted around. He had a mildly prurient interest in seeing the nubile hussy turned spurned-lover vixen. Having read her racy deposition, he was sure her testimony was going to be a show.
Leona came through the courtroom door and strode unhesitantly down the courtroom's central aisle. In contrast to Craig's description of her typically sexy apparel, she was now dressed demurely in a dark blue pants suit with a white blouse buttoned to the neck. Jack assumed it was at Tony Fasano's suggestion. The only hint of her normal style was extra-high-heeled sandals that made her walk slightly wobbly.
Although the woman's clothing was modest, Jack could immediately appreciate what had attracted Craig. Her individual features were not special, nor was her straw-blond, obviously dyed hair with its dark roots. But her skin was flawless and radiant. She was the picture of youthful sensuality brazenly projected.
Leona went through the bar with a saucy shake of her head. She knew she was onstage and she loved it.
Jack hazarded a glance in Alexis's direction. Her face was set in stone, reflecting a determined expression with her lips pressed firmly together. Jack had the sense that she was steeling herself for what was coming. He thought that was a good self-preservation ploy, having read Leona's deposition.
The court clerk administered the oath while Leona held her right hand heavenward. "Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth so help you God?"
"I do," Leona said in a slightly nasal voice. She glanced modestly at the judge through eyelashes heavy with mascara as she stepped up into the witness box.
Tony took his time getting to the podium and arranging his notes. Then he hiked one of his tasseled loafers onto the brass rail, as was his habit, and began the direct. First off, he established a short biography: where she was born (Revere, Massachusetts); where she'd gone to high school (Revere, Massachusetts); where she was currently living (Revere, Massachusetts). He asked how long she had worked in Dr. Craig Bowman's office (more than a year) and where she was going to night school three nights a week (Bunker Hill Community College).
As Leona answered these neutral initial questions, Jack had more of an opportunity to observe her. He noticed she and Tony shared the same accent, which to him seemed as much like a Brooklyn accent as a Boston accent. Jack could also see more evidence of the personality traits Craig had described: opinionated, high-spirited, and willful. What he had yet to observe was the mercurial petulance.
"Now, let's talk about your relationship with your boss, Dr. Craig Bowman," Tony said.