Legal Thriller: HOA Wire, a Courtroom Drama (Brent Marks Legal Thrillers Book 3), page 10
“Well I have news for you, Marks. Criminal law has changed a lot in the last five years and you’re on my turf now.”
“I doubt whether it’s changed much in 250 years Brad,” said Brent, washing his hands. “And whatever has changed, I can look it up,” he said, ripping off a paper towel, drying off. “Do I think I can kick your ass? Is that what you’re so emotional about? It’s a promise!” he said, crumpling up the paper towel into a little ball and making a perfect basket in the trash can.
* * *
Brent dodged a few reporters who were gathered outside the Courthouse entrance on his way to meet Angela across the street at their usual café for the lunch break. In the middle of her salad, Angela popped the question that most lawyers dread hearing during a trial.
“So how’s it going?”
“The trial?”
“Well, yeah, what else is going on but the trial?”
“Angela, asking a lawyer how the trial is going in the middle of it is like asking a husband if his wife is cheating on him. He’s usually the last to know.”
“Very funny.”
CHAPTER TWENTY-NINE
“The People call Doctor Ignacio Perez.”
Dr. Perez was sworn and took the witness stand. He faced the jury and “grandstanded” to them. Brent thought that it was only the second time he had seen Dr. Perez without a ham sandwich in his hand.
“Please state your name for the record.”
“My name is Dr. Ignacio Perez.”
“Dr. Perez, what is your current occupation?”
“I am a medical examiner for the county of Santa Barbara.”
Perez spoke to the entire jury as if he were their personal physician, and he was explaining something to them about their medical examinations. He had a very calming bedside manner, which he used on the jury.
“Can you please summarize for the Court, your education and experience?”
“I am a certified medical examiner, currently serving with the County of Santa Barbara. I hold an M.D. and a PhD from Georgetown University School of Medicine, an A.B. from Dartmouth, and a medical license from the State of California, where I am board certified in clinical, anatomic and forensic pathology. I am a Diplomate of the American Board of Forensic Medicine, and I have worked as a Chief Medical Examiner for the County of Santa Barbara for the past 20 years.”
“In how many trials have you testified, Doctor?”
“Not sure exactly. Over 50.”
“Could you just give us a brief description of what forensic pathology is?”
“Yes, of course. Pathology, the larger field, is one of the medical specialties, and it has basically two subcategories; anatomic pathology and clinical pathology. Anatomic pathology deals with the study of disease. So it involves performing autopsies, looking at surgical specimens under a microscope, those kinds of things that the observer can actually see.
“Clinical pathology is performed in the laboratory, usually by clinical pathologists who head up a hospital laboratory and serve as consultants to hospital physicians in the interpretation of tests.
“Forensic pathology is a special area in pathology. The word forensic comes from the Latin word forum, which was the Roman courtroom. So, it is a type of pathology that is practiced by experts who clarify medical or scientific questions that come up in the courtroom. Most forensic pathologists work in a coroner's office or medical examiner's office and investigate sudden or unexpected deaths.”
“How many autopsies have you done in your career, Doctor?”
“I’ve done many in the course of my career. Many hundreds.”
Chernow had Perez disclose that he was being paid for his testimony, as part of his salary from the County, and that he had testified in both criminal and civil cases, for both the plaintiff and the defendant.
“Dr. Perez, please tell the jury what materials and reports you viewed in preparation for today’s testimony.”
“I reviewed my own autopsy report.”
“Showing you a copy of People’s Exhibit 1 and can you identify Exhibit 9 as your autopsy report?”
“Yes, that’s my report.”
“And, showing you what has been marked for identification as People’s Exhibit 10, can you identify this document?”
“This is the death certificate for Barbara Densmore.”
“Dr. Perez, as a result of your review, and your examination of the body, do you have an opinion within a reasonable degree of medical certainty what caused Barbara Densmore’s death?
“Yes, I do.”
“Objection, Your Honor, lack of foundation,” Brent interjected.
“Sustained.”
“Dr. Perez, would you please tell the jury the results of the autopsy?”
“As a result of my autopsy on the body of Ms. Densmore, I discovered fluid in her lungs and lesions in the trachea. Along with reported symptoms immediately before her death of coughing up white foam mixed with blood, it lead me to believe that she died from ricin poisoning.”
The men on the jury looked queasy and nauseous from listening to the doctor’s testimony. One of them appeared to be turning color.
“In this case, in my opinion, the ricin was inhaled, which explains the lesions in the trachea and fluid in the lungs. Inhalation of a dose of ricin the size of a few grains of salt is enough to kill an adult human being.
“Ricin is derived from the castor bean. Once in the body, it inhibits protein synthesis, causing cell death.”
“Is there an objective test for ricin poisoning?”
“Yes, there is a urine test that can be performed by the Centers for Disease Control.”
“Was that test performed in this case?”
“Yes. We drew a urine sample for testing and sent it to CDC. They are the only ones who do the testing. Since we knew that would take a long time to get the results, I also asked the police to examine the environment for the presence of ricin to confirm my diagnosis.”
“Did you eliminate other possible causes of death?”
“Yes. I ran a full toxicology report on the victim’s blood and also tested for influenza. Ricin symptoms can be similar to influenza. It also has symptoms that can be comparable to anthrax poisoning, so I ran blood tests which ruled that out.”
“Are the results of that testing contained in Exhibit 11, the toxicology report?”
“Yes, they are.”
“Your Honor, I move that People’s Exhibits numbers 9, 10 and 11 be admitted into evidence.”
“Objection to Exhibits 9 and 10, Your Honor. May we approach?”
Once at the bench, Brent objected to Exhibit 9, the autopsy report and Exhibit 10, the death certificate, on the grounds of lack of foundation, because it recited the cause of death as ricin poisoning, and that had not been established yet.”
“Exhibit 11 will be admitted into evidence. The defense objection to Exhibits 9 and 10 is sustained, without prejudice.”
“Dr. Perez, did you get the results back on the urine test?” asked Chernow.
“Yes, we did.”
“What were the...”
“Objection, Your Honor, lack of foundation, hearsay, best evidence.”
Chernow gave Brent a dirty look and he winked back at him. He was being a pest, it was true, but the results of the test had only recently been made available to both sides and neither Brent nor Jack had had the opportunity to question the chain of custody. Brent knew, of course, that the results were positive for ricin and that they would be allowed into evidence, but he threw out the objection “just in case.”
“Counsel, please approach.”
Brent hit the bench with his argument right away. “Your Honor, I haven’t had the opportunity to interview the witness from CDC and neither has my investigator. We didn’t have the test results at the time of the prelim, so the defense should be given the opportunity to question the witness from CDC before allowing the results to even be mentioned.”
“He has a point, Mr. Chernow.”
“Your Honor, the defense has been grandstanding for the jury since the beginning of this trial….”
“Excuse me, Your Honor, but this is a murder trial.”
“Gentlemen, I’ve had just about enough of your bickering. I know it’s a murder trial Mr. Marks. And Mr. Chernow, what is this whining all about? One would think the two of you were kids fighting in a sandbox. I’m going to sustain the objection, and let you recall Dr. Perez after you have established a foundation for the results, if you choose to do so.”
Chernow limped back to the counsel table, went over his notes, and said, “Thank you, Your Honor, no further questions of this witness at this time, subject to our right to recall him.”
“Cross examination?”
“Thank you, Your Honor.”
“Dr. Perez, isn’t it correct that the symptoms you observed; lesions on the trachea, blood mixed with foam in the mouth, and fluid in the lungs, are symptoms you may also expect to find with tracheal cancer?”
“Well I suppose you could, but it wasn’t…”
“Thank you Doctor, move to strike after could, Your Honor.”
“Granted. The jury is instructed that Dr. Perez’ testimony stands at Well I suppose you could.”
“Couldn’t you expect to find the same symptoms for lung cancer?”
“I suppose, but…”
“Move to strike but, Your Honor.”
“Granted. The jury will disregard but.”
“And you didn’t test to rule out tracheal cancer, did you?”
“No, I did not.”
“And you didn’t test to rule out lung cancer, did you?”
“No.”
“Doctor, isn’t pneumonia one of the most common diseases leading to death?”
“Yes.”
“In fact, it is the sixth leading cause of death in the United States, isn’t that correct?”
“I think so.”
“Ricin poisoning, on the other hand, is very rare, isn’t that correct?”
“Yes.”
“Would you expect to see fluid in the lungs in cases of pneumonia?”
“Certainly.”
“Wouldn’t it also not surprise you to find a pneumonia patient coughing up blood?”
“That would not surprise me.”
“And couldn’t tracheal lesions be caused by excessive coughing?”
“Objection! Calls for speculation.”
“Overruled. You may answer.”
“Not these types of lesions.”
“Move to strike as non-responsive, Your Honor.”
“Denied.”
“Thank you, Your Honor, no further questions,” said Brent, turning over the witness to Bradley Chernow.
Chernow proceeded to rehabilitate Dr. Perez on redirect.
“Dr. Perez, has this urine test for ricin always been around?”
“No, it’s relatively new.”
“Is that why the CDC is the only facility who has it?”
“Objection, calls for speculation.”
“Withdraw the question, Your Honor.”
“Doctor, how long have you been aware that this urine test has been available?”
“A couple of years.”
“And prior to that, what was the protocol to confirm ricin poisoning?”
“By finding an environmental sample.”
“Which you did?”
“Yes, Detective Tomassi did.”
“Dr. Perez, did you have any reason to suspect tracheal cancer?”
“No.”
“Why not?”
“Because I examined the tissue of the trachea and did not see any abnormal cells. The types of symptoms that you’re talking about would only present in advanced stages of tracheal cancer.”
“What about lung cancer?”
“Same thing. The lung’s cells are very delicate. I didn’t find any tumors or evidence of abnormal cells in my examination.”
“What about pneumonia?”
“Again, my examination did not indicate pneumonia. It was ricin poisoning, pure and simple.”
* * *
“The People call Mr. Bennett Stevens.”
Bennett Stevens stepped up to the clerk and was sworn, and took his place in the witness box. He was a young bureaucrat, about 30, slim and clean shaven, with cropped black hair and dark eyes.
“Mr. Stevens, do you work for the Center for Disease Control and Prevention in DeKalb County, Georgia?”
“Yes, I do.”
“Can you please tell the jury what your position is at the Center for Disease Control?”
“I’m a senior lab technician.”
“And what do your duties as a senior lab technician entail?”
“I handle laboratory tests for chronic diseases, environmental health threats and terrorism preparedness.”
“Did you receive a urine sample from the Medical Examiner for the County of Santa Barbara for one Barbara Densmore?”
“Yes, we did.”
“And the Medical Examiner asked for a test on the urine to detect the presence of ricin, is that correct?”
“Yes, the CDC has developed a test for measuring ricinine, which is a marker for ricin exposure.”
“What did you do after you received the urine sample for testing?”
“We send out all our ricinine testing to a laboratory in our Laboratory Response Network. We have 32 laboratories in the United States who are certified biosafety level two and can perform this test.”
Brent’s ears perked up at this. It was screaming “chain of custody” all over the place. If there was any break in that chain of custody, if any facility who had handled the sample had not followed proper protocol, the results would not be admitted into evidence.
Chernow had the lab tech outline all the procedures for packaging, shipping and labeling the specimen, which, of course, had been properly performed by Dr. Perez himself. He went through the biosafety protocols ad nauseam. The jury was probably already lost by that time, and was fighting the boredom. A few jurors looked like they were day dreaming. A couple of others were nodding off. Then, when Chernow thought he had exhausted all possible objections, he asked, “And what were the results of the ricinine testing?”
“Objection, lack of foundation. Chain of custody, Your Honor,” said Brent.
Chernow looked like he would hit the floor and pound his hands and feet against it in a temper tantrum.
“Your Honor, we’ve established a foundation.”
“No he hasn’t, Your Honor.”
“Approach.”
“Your Honor, we only have here one link in the chain,” said Brent. “This gentleman from the CDC who seems to have captured the jury’s full attention.”
The Judge fought back a smile from the edges of his curled lips.
“Your Honor, we have established an unshakable foundation,” Chernow argued.
“I’m not sure you have,” said the Judge. We don’t know how many hands the sample passed through when it left CDC. All we really know is what happened when it was delivered and when it came back.”
“If it was the same sample, Your Honor,” interjected Brent.
“Oh come on!” Chernow protested.
“We’re almost at the end of the day,” said the Judge. “We’ll recess early to give you some time to do whatever you’re going to do.”
“Thank you, Your Honor,” said Chernow, glaring at Brent, as if he wanted to stick his tongue out at him. Brent packed up his trial notebooks, putting them into a large rolling carrying case. The gallery had all but cleared out, except for one spectator. Sitting in the back row, Frances Templeton smiled at Nancy, Brent and Jillian as they walked out the door into a sea of reporters in the corridor.
CHAPTER THIRTY
Brent called Melinda from his cell phone right after court.
“Mims, better call Dr. Orozco and tell him to set aside next week to be called as an expert. Looks like we’re gonna need him after all. See if you can get me an appointment with him.”
“Okay boss, what about your messages?”
“I’ll call you from home about those.”
“Okay boss, I don’t know quite how to say this, but Mrs. Haskins’ case isn’t really paying the bills now.”
“I know, I know.”
“Well, there’s some new clients who want to see you.”
“Set up appointments for tomorrow evening. There’s no way I can do it tonight.”
Brent’s blood was racing with adrenalin as he drove home. The normal comforting effect of the harbor view as he descended Harbor Hills in his car was not as soothing as it usually was. Thoughts about the trial were coming at the speed of light; what did he do wrong, what was the next step? Other thoughts were coming at the speed of sound; feed the cat, check messages, check email, look at the trial notebook outlines for tomorrow, clean up, eat, get some rest.
As Brent was taking his cases out of the car, the adrenalin rush was still on, but it sneaked back a bit to reveal fatigue; not so much fatigue of the body, but of the mind. As he opened the front door, Calico, who was usually a blur of orange and white, snaking between his feet and making a beeline to the kitchen, was curled up in a ball on the windowsill. When he came in, she looked up at him, then put her head back down and slowly closed her eyes with disinterest.
“Hi honey!”
It was Angela! What a great surprise.
“Hey baby, I didn’t expect to see you here.”
“I knew you needed me. Now, don’t worry about anything. I know you need to get at your emails and check with Melinda for your messages, so when you’re ready, I’ve fixed a nice aperitif.”
“Wow. That’s almost enough to make me forget about my messages and the email.”
Angela gave Brent a look with raised eyebrows that said “really?”
“Well, maybe not. I’ll be right back.”
Brent sailed through the emails with a renewed good feeling mood, responding to the most essential, erasing the junk mail, and saving the non-essential ones for a response later. Next – messages. He grabbed the phone.
“Hey Mimi.”
“Boss, hi. Of course, everything is a crisis.”
“Of course. I’ve been out of the office for two days.”
“I doubt whether it’s changed much in 250 years Brad,” said Brent, washing his hands. “And whatever has changed, I can look it up,” he said, ripping off a paper towel, drying off. “Do I think I can kick your ass? Is that what you’re so emotional about? It’s a promise!” he said, crumpling up the paper towel into a little ball and making a perfect basket in the trash can.
* * *
Brent dodged a few reporters who were gathered outside the Courthouse entrance on his way to meet Angela across the street at their usual café for the lunch break. In the middle of her salad, Angela popped the question that most lawyers dread hearing during a trial.
“So how’s it going?”
“The trial?”
“Well, yeah, what else is going on but the trial?”
“Angela, asking a lawyer how the trial is going in the middle of it is like asking a husband if his wife is cheating on him. He’s usually the last to know.”
“Very funny.”
CHAPTER TWENTY-NINE
“The People call Doctor Ignacio Perez.”
Dr. Perez was sworn and took the witness stand. He faced the jury and “grandstanded” to them. Brent thought that it was only the second time he had seen Dr. Perez without a ham sandwich in his hand.
“Please state your name for the record.”
“My name is Dr. Ignacio Perez.”
“Dr. Perez, what is your current occupation?”
“I am a medical examiner for the county of Santa Barbara.”
Perez spoke to the entire jury as if he were their personal physician, and he was explaining something to them about their medical examinations. He had a very calming bedside manner, which he used on the jury.
“Can you please summarize for the Court, your education and experience?”
“I am a certified medical examiner, currently serving with the County of Santa Barbara. I hold an M.D. and a PhD from Georgetown University School of Medicine, an A.B. from Dartmouth, and a medical license from the State of California, where I am board certified in clinical, anatomic and forensic pathology. I am a Diplomate of the American Board of Forensic Medicine, and I have worked as a Chief Medical Examiner for the County of Santa Barbara for the past 20 years.”
“In how many trials have you testified, Doctor?”
“Not sure exactly. Over 50.”
“Could you just give us a brief description of what forensic pathology is?”
“Yes, of course. Pathology, the larger field, is one of the medical specialties, and it has basically two subcategories; anatomic pathology and clinical pathology. Anatomic pathology deals with the study of disease. So it involves performing autopsies, looking at surgical specimens under a microscope, those kinds of things that the observer can actually see.
“Clinical pathology is performed in the laboratory, usually by clinical pathologists who head up a hospital laboratory and serve as consultants to hospital physicians in the interpretation of tests.
“Forensic pathology is a special area in pathology. The word forensic comes from the Latin word forum, which was the Roman courtroom. So, it is a type of pathology that is practiced by experts who clarify medical or scientific questions that come up in the courtroom. Most forensic pathologists work in a coroner's office or medical examiner's office and investigate sudden or unexpected deaths.”
“How many autopsies have you done in your career, Doctor?”
“I’ve done many in the course of my career. Many hundreds.”
Chernow had Perez disclose that he was being paid for his testimony, as part of his salary from the County, and that he had testified in both criminal and civil cases, for both the plaintiff and the defendant.
“Dr. Perez, please tell the jury what materials and reports you viewed in preparation for today’s testimony.”
“I reviewed my own autopsy report.”
“Showing you a copy of People’s Exhibit 1 and can you identify Exhibit 9 as your autopsy report?”
“Yes, that’s my report.”
“And, showing you what has been marked for identification as People’s Exhibit 10, can you identify this document?”
“This is the death certificate for Barbara Densmore.”
“Dr. Perez, as a result of your review, and your examination of the body, do you have an opinion within a reasonable degree of medical certainty what caused Barbara Densmore’s death?
“Yes, I do.”
“Objection, Your Honor, lack of foundation,” Brent interjected.
“Sustained.”
“Dr. Perez, would you please tell the jury the results of the autopsy?”
“As a result of my autopsy on the body of Ms. Densmore, I discovered fluid in her lungs and lesions in the trachea. Along with reported symptoms immediately before her death of coughing up white foam mixed with blood, it lead me to believe that she died from ricin poisoning.”
The men on the jury looked queasy and nauseous from listening to the doctor’s testimony. One of them appeared to be turning color.
“In this case, in my opinion, the ricin was inhaled, which explains the lesions in the trachea and fluid in the lungs. Inhalation of a dose of ricin the size of a few grains of salt is enough to kill an adult human being.
“Ricin is derived from the castor bean. Once in the body, it inhibits protein synthesis, causing cell death.”
“Is there an objective test for ricin poisoning?”
“Yes, there is a urine test that can be performed by the Centers for Disease Control.”
“Was that test performed in this case?”
“Yes. We drew a urine sample for testing and sent it to CDC. They are the only ones who do the testing. Since we knew that would take a long time to get the results, I also asked the police to examine the environment for the presence of ricin to confirm my diagnosis.”
“Did you eliminate other possible causes of death?”
“Yes. I ran a full toxicology report on the victim’s blood and also tested for influenza. Ricin symptoms can be similar to influenza. It also has symptoms that can be comparable to anthrax poisoning, so I ran blood tests which ruled that out.”
“Are the results of that testing contained in Exhibit 11, the toxicology report?”
“Yes, they are.”
“Your Honor, I move that People’s Exhibits numbers 9, 10 and 11 be admitted into evidence.”
“Objection to Exhibits 9 and 10, Your Honor. May we approach?”
Once at the bench, Brent objected to Exhibit 9, the autopsy report and Exhibit 10, the death certificate, on the grounds of lack of foundation, because it recited the cause of death as ricin poisoning, and that had not been established yet.”
“Exhibit 11 will be admitted into evidence. The defense objection to Exhibits 9 and 10 is sustained, without prejudice.”
“Dr. Perez, did you get the results back on the urine test?” asked Chernow.
“Yes, we did.”
“What were the...”
“Objection, Your Honor, lack of foundation, hearsay, best evidence.”
Chernow gave Brent a dirty look and he winked back at him. He was being a pest, it was true, but the results of the test had only recently been made available to both sides and neither Brent nor Jack had had the opportunity to question the chain of custody. Brent knew, of course, that the results were positive for ricin and that they would be allowed into evidence, but he threw out the objection “just in case.”
“Counsel, please approach.”
Brent hit the bench with his argument right away. “Your Honor, I haven’t had the opportunity to interview the witness from CDC and neither has my investigator. We didn’t have the test results at the time of the prelim, so the defense should be given the opportunity to question the witness from CDC before allowing the results to even be mentioned.”
“He has a point, Mr. Chernow.”
“Your Honor, the defense has been grandstanding for the jury since the beginning of this trial….”
“Excuse me, Your Honor, but this is a murder trial.”
“Gentlemen, I’ve had just about enough of your bickering. I know it’s a murder trial Mr. Marks. And Mr. Chernow, what is this whining all about? One would think the two of you were kids fighting in a sandbox. I’m going to sustain the objection, and let you recall Dr. Perez after you have established a foundation for the results, if you choose to do so.”
Chernow limped back to the counsel table, went over his notes, and said, “Thank you, Your Honor, no further questions of this witness at this time, subject to our right to recall him.”
“Cross examination?”
“Thank you, Your Honor.”
“Dr. Perez, isn’t it correct that the symptoms you observed; lesions on the trachea, blood mixed with foam in the mouth, and fluid in the lungs, are symptoms you may also expect to find with tracheal cancer?”
“Well I suppose you could, but it wasn’t…”
“Thank you Doctor, move to strike after could, Your Honor.”
“Granted. The jury is instructed that Dr. Perez’ testimony stands at Well I suppose you could.”
“Couldn’t you expect to find the same symptoms for lung cancer?”
“I suppose, but…”
“Move to strike but, Your Honor.”
“Granted. The jury will disregard but.”
“And you didn’t test to rule out tracheal cancer, did you?”
“No, I did not.”
“And you didn’t test to rule out lung cancer, did you?”
“No.”
“Doctor, isn’t pneumonia one of the most common diseases leading to death?”
“Yes.”
“In fact, it is the sixth leading cause of death in the United States, isn’t that correct?”
“I think so.”
“Ricin poisoning, on the other hand, is very rare, isn’t that correct?”
“Yes.”
“Would you expect to see fluid in the lungs in cases of pneumonia?”
“Certainly.”
“Wouldn’t it also not surprise you to find a pneumonia patient coughing up blood?”
“That would not surprise me.”
“And couldn’t tracheal lesions be caused by excessive coughing?”
“Objection! Calls for speculation.”
“Overruled. You may answer.”
“Not these types of lesions.”
“Move to strike as non-responsive, Your Honor.”
“Denied.”
“Thank you, Your Honor, no further questions,” said Brent, turning over the witness to Bradley Chernow.
Chernow proceeded to rehabilitate Dr. Perez on redirect.
“Dr. Perez, has this urine test for ricin always been around?”
“No, it’s relatively new.”
“Is that why the CDC is the only facility who has it?”
“Objection, calls for speculation.”
“Withdraw the question, Your Honor.”
“Doctor, how long have you been aware that this urine test has been available?”
“A couple of years.”
“And prior to that, what was the protocol to confirm ricin poisoning?”
“By finding an environmental sample.”
“Which you did?”
“Yes, Detective Tomassi did.”
“Dr. Perez, did you have any reason to suspect tracheal cancer?”
“No.”
“Why not?”
“Because I examined the tissue of the trachea and did not see any abnormal cells. The types of symptoms that you’re talking about would only present in advanced stages of tracheal cancer.”
“What about lung cancer?”
“Same thing. The lung’s cells are very delicate. I didn’t find any tumors or evidence of abnormal cells in my examination.”
“What about pneumonia?”
“Again, my examination did not indicate pneumonia. It was ricin poisoning, pure and simple.”
* * *
“The People call Mr. Bennett Stevens.”
Bennett Stevens stepped up to the clerk and was sworn, and took his place in the witness box. He was a young bureaucrat, about 30, slim and clean shaven, with cropped black hair and dark eyes.
“Mr. Stevens, do you work for the Center for Disease Control and Prevention in DeKalb County, Georgia?”
“Yes, I do.”
“Can you please tell the jury what your position is at the Center for Disease Control?”
“I’m a senior lab technician.”
“And what do your duties as a senior lab technician entail?”
“I handle laboratory tests for chronic diseases, environmental health threats and terrorism preparedness.”
“Did you receive a urine sample from the Medical Examiner for the County of Santa Barbara for one Barbara Densmore?”
“Yes, we did.”
“And the Medical Examiner asked for a test on the urine to detect the presence of ricin, is that correct?”
“Yes, the CDC has developed a test for measuring ricinine, which is a marker for ricin exposure.”
“What did you do after you received the urine sample for testing?”
“We send out all our ricinine testing to a laboratory in our Laboratory Response Network. We have 32 laboratories in the United States who are certified biosafety level two and can perform this test.”
Brent’s ears perked up at this. It was screaming “chain of custody” all over the place. If there was any break in that chain of custody, if any facility who had handled the sample had not followed proper protocol, the results would not be admitted into evidence.
Chernow had the lab tech outline all the procedures for packaging, shipping and labeling the specimen, which, of course, had been properly performed by Dr. Perez himself. He went through the biosafety protocols ad nauseam. The jury was probably already lost by that time, and was fighting the boredom. A few jurors looked like they were day dreaming. A couple of others were nodding off. Then, when Chernow thought he had exhausted all possible objections, he asked, “And what were the results of the ricinine testing?”
“Objection, lack of foundation. Chain of custody, Your Honor,” said Brent.
Chernow looked like he would hit the floor and pound his hands and feet against it in a temper tantrum.
“Your Honor, we’ve established a foundation.”
“No he hasn’t, Your Honor.”
“Approach.”
“Your Honor, we only have here one link in the chain,” said Brent. “This gentleman from the CDC who seems to have captured the jury’s full attention.”
The Judge fought back a smile from the edges of his curled lips.
“Your Honor, we have established an unshakable foundation,” Chernow argued.
“I’m not sure you have,” said the Judge. We don’t know how many hands the sample passed through when it left CDC. All we really know is what happened when it was delivered and when it came back.”
“If it was the same sample, Your Honor,” interjected Brent.
“Oh come on!” Chernow protested.
“We’re almost at the end of the day,” said the Judge. “We’ll recess early to give you some time to do whatever you’re going to do.”
“Thank you, Your Honor,” said Chernow, glaring at Brent, as if he wanted to stick his tongue out at him. Brent packed up his trial notebooks, putting them into a large rolling carrying case. The gallery had all but cleared out, except for one spectator. Sitting in the back row, Frances Templeton smiled at Nancy, Brent and Jillian as they walked out the door into a sea of reporters in the corridor.
CHAPTER THIRTY
Brent called Melinda from his cell phone right after court.
“Mims, better call Dr. Orozco and tell him to set aside next week to be called as an expert. Looks like we’re gonna need him after all. See if you can get me an appointment with him.”
“Okay boss, what about your messages?”
“I’ll call you from home about those.”
“Okay boss, I don’t know quite how to say this, but Mrs. Haskins’ case isn’t really paying the bills now.”
“I know, I know.”
“Well, there’s some new clients who want to see you.”
“Set up appointments for tomorrow evening. There’s no way I can do it tonight.”
Brent’s blood was racing with adrenalin as he drove home. The normal comforting effect of the harbor view as he descended Harbor Hills in his car was not as soothing as it usually was. Thoughts about the trial were coming at the speed of light; what did he do wrong, what was the next step? Other thoughts were coming at the speed of sound; feed the cat, check messages, check email, look at the trial notebook outlines for tomorrow, clean up, eat, get some rest.
As Brent was taking his cases out of the car, the adrenalin rush was still on, but it sneaked back a bit to reveal fatigue; not so much fatigue of the body, but of the mind. As he opened the front door, Calico, who was usually a blur of orange and white, snaking between his feet and making a beeline to the kitchen, was curled up in a ball on the windowsill. When he came in, she looked up at him, then put her head back down and slowly closed her eyes with disinterest.
“Hi honey!”
It was Angela! What a great surprise.
“Hey baby, I didn’t expect to see you here.”
“I knew you needed me. Now, don’t worry about anything. I know you need to get at your emails and check with Melinda for your messages, so when you’re ready, I’ve fixed a nice aperitif.”
“Wow. That’s almost enough to make me forget about my messages and the email.”
Angela gave Brent a look with raised eyebrows that said “really?”
“Well, maybe not. I’ll be right back.”
Brent sailed through the emails with a renewed good feeling mood, responding to the most essential, erasing the junk mail, and saving the non-essential ones for a response later. Next – messages. He grabbed the phone.
“Hey Mimi.”
“Boss, hi. Of course, everything is a crisis.”
“Of course. I’ve been out of the office for two days.”
