“Yes, I called him.”
“Isn’t it correct that Christine’s statements to you were protected by the psychotherapist-patient privilege?”
“Yes, depending on the circumstances.”
“Circumstances? Isn’t it true that when you called Mr. Gifford, you in fact violated the patient privilege of Christine Farrow?”
“I didn’t look at it that way.”
“I didn’t ask you how you looked at it, Dr. Vinson, I asked you whether you violated the most sacred relationship of psychotherapist and patient. You did, didn’t you?”
“I felt a responsibility to ensure a man wasn’t wrongfully imprisoned.”
“But that wasn’t your responsibility, was it, Dr. Vinson? Your conduct was unprofessional and a violation of your oath as a psychotherapist, wasn’t it?”
Vinson inhaled deeply, looking up at the ceiling before looking at Wallace. “In retrospect, it was something I should not have done.”
“And you did not ask Christine Farrow for permission to do that before you did it, did you?”
“No.”
“But you did refuse to talk to me and my investigators, didn’t you, based on claiming that same privilege—isn’t that correct?”
“I felt I had a responsibility.”
“You felt you had a responsibility to a defense attorney for a man convicted of murder but not to public prosecutors? You don’t need to answer. I withdraw the question. I think the answer is clear. Let’s move on. Have you testified before on the subject of repressed memory?”
“It has been several years but yes, I have. Not here in Tenaya County but in New York and Florida because of my published body of work on the subject. And I’ve given many lectures on the subject.”
“Are you familiar with the concept of false memory syndrome?”
“Yes.”
“And what is that, Dr. Vinson—what is false memory syndrome?”
“It is basically when an individual has memories which are in fact incorrect but which they strongly believe.”
“And that means they could believe what they are saying is true even though it is in fact false, correct?”
“Yes, that is correct.”
“And isn’t it correct that there is significant acceptance in the community of psychotherapists that recovered memory techniques such as hypnosis can result in false memories?”
“There is some thinking supporting that, if the memory recovery is done incorrectly or by a person who does not have proper training.”
“Isn’t it correct that the American Psychiatric Association has expressed serious concern about the techniques of memory recovery having a high likelihood of creating false memories?”
“I do not accept that. My experience is, if done properly, the repressed memory is an accurate reflection of what actually occurred.”
“In this case did you discuss with Christine Farrow the events surrounding her mother’s murder before you engaged in your repressed memory techniques?”
“Yes, I needed to focus on what might be the primary issue.”
“You would agree that human memory is highly suggestible, wouldn’t you?”
“I would agree that depending on the individual and the circumstances, human memory can be affected by suggestion, particularly with young children. But I would also state that in my view much of the controversy about supposed false memories has been created by defense attorneys trying to defend clients being charged with child molestation.”
“So, you discussed with her that in her dreams she could not see the face of the man who stood over her bed? In fact, you discussed that Richard Sample was also a person who had been mentioned as a suspect, didn’t you?”
Vinson bristled at the attack on his techniques, firing back that he had been very careful and had great success over the years with his research and treatment.
Jamison walked closer to the witness box before asking his next question. “But you did not record any of your discussions prior to the hypnosis, did you?”
“No, I didn’t believe it was necessary.”
“Did you record your sessions under hypnosis?”
“Yes.”
Jamison made a calculated decision to have the tape recordings played. He knew he wasn’t going to be able to stop it if Gifford tried to use it to lay the foundation for Christine’s testimony, even though she had been hypnotized. It was a risk, but he preferred to control it if he couldn’t stop it.
The recording of Vinson’s sessions with Christine Farrow were difficult to hear. Vinson had used a small handheld recorder with mini-tapes. It was evident no effort had been made to ensure that either was speaking clearly so that every word was recorded. It was done primarily to reinforce notes and impressions. But still, the sound of the words created an eerie image in the otherwise silent courtroom.
Vinson’s voice came through as soothing, almost monotone, as he slowly guided Christine into a hypnotic state. She began to recount the night that upended her entire life. It was like listening to a child’s description in the voice of an adult. The first tape simply took her through the outlines of what happened. Vinson clearly avoided spending time on any specific details. The second tape was done a few days later and began to focus on the man in the room.
Christine remembered being in her bed, her legs pulled up tightly against her chest, and she remembered the feeling of summer heat in the room, the still air lying over the bed like a heavy blanket. Slowly bits and pieces emerged. Her mother’s voice and the sounds of violence came to life in her description. The third tape recorded Vinson probing deeper into Christine’s memory of that night and the smoke. Christine’s voice was tremulous as it described her fear and the image of a man standing over her bed. Slowly Vinson asked her to describe the man. All she said was “Tommy’s daddy, it was Tommy’s daddy.”
Vinson sat on the witness stand, arms folded across his chest, a smug expression on his face as he explained that based on the sessions under hypnosis Christine had explained that Tommy’s daddy was Richard Sample. She now knew Richard Harker was not the man who killed her mother.
Jamison could feel the tension in the courtroom as he deliberated about what to ask next. “Before you did these sessions under hypnosis, you discussed with Christine that there were two men who were suspected of Lisa Farrow’s murder, correct?”
“Yes, as I testified to earlier.”
“And you had gone into detail with Christine as to those men, correct?”
“I wouldn’t say ‘detail,’ but I did go into the relationships between her mother and each man as best she could remember.”
“And you went into detail about the fact that she had originally said the man who killed her mother was Tommy’s daddy, didn’t you?” Jamison’s tone was well modulated but carried an edge as he pressed in.
“I needed the background, but if you are implying I suggested it was Richard Sample—Tommy’s daddy—you are mistaken.”
“But if subconsciously Christine Farrow thought she had made a mistake in her identification over twenty years before, that would itself cause great anxiety, wouldn’t it?”
“Possibly.”
“In fact, probably, isn’t that correct?”
Vinson remained silent, staring at Jamison as he contemplated his answer. “Possibly.”
“And in fact, you suspected that her anxiety was about the indistinct image of the face of the man standing over her bed, didn’t you?”
“Yes, I did suspect that could be the issue.”
“And you discussed that with Christine Farrow prior to the hypnosis, isn’t that correct?” Jamison’s tone had now risen a level as he placed his body directly in front of the witness, dominating Vinson’s field of vision.
“I was very careful.”
“Your answer is yes?”
“My answer is we talked about it.”
Jamison turned his back on Vinson and walked to the counsel table before addressing the court. “Your Honor, i
t is evident that Christine Farrow’s testimony has been improperly influenced by the use of hypnosis. The reason it must be utilized with careful safeguards is precisely because once the memory of the hypnotized person is influenced, they cannot distinguish between what actually happened and what they believe happened because of the suggestion left in their mind. I mean no disrespect to Dr. Vinson, but his sessions with Christine Farrow completely undermine her credibility on this issue. I’m asking the court to strike it and reject it.”
Gifford did not allow any gap between Jamison’s argument and his own. “Your Honor, the court can’t seriously be considering Mr. Jamison’s motion. If the court is thinking of doing this, then I would like the opportunity to-to …”
Wallace pushed his bulk over the top of the bench. “To do what, Mr. Gifford? If you want to do further examination of Dr. Vinson I’ll allow it but I’m going to make it clear right now. I am not going to strike the testimony of Christine Farrow. Mr. Jamison’s motion will be denied. That’s final. Do you have any more witnesses?”
Gifford’s color slowly returned to his face as he lost the flush of argument. “No, Your Honor.”
“Then, Mr. Jamison, you may present your case in response, if you have one you wish to present.”
Jamison drew a line across his legal pad as he allowed himself time to regain his composure and considered his response. “Your Honor, I would like some time to think about this. Would the court consider resuming in the morning?”
Wallace tapped his gavel, something Jamison had seldom seen him do. “Nine a.m. tomorrow.”
Chapter 34
O’Hara was fuming, pacing back and forth while Jamison watched from behind his desk. “Wallace let in all that psychobabble bullshit. He’s actually thinking of letting Harker out.”
“I don’t know about that,” Jamison responded. “Wallace isn’t stupid. But there’s no question we have to think about the direction we want to take.” Jamison at first had felt his blood pressure skyrocket after Wallace’s ruling, but now had moved into the zone of damage control. Letting in the evidence didn’t mean the issue was over. It simply meant the judge would think about it and Jamison’s job was to make sure that he placed it in perspective as much as possible in order to diminish any impact. “We already decided to bring back Mike Jensen, and I’m not going to fool around with Jimmy Stack. I see real risk there.”
“What about Dr. Levy?” Ernie asked. “Wouldn’t he take a bite out of Vinson’s testimony? And what about Foster?” Ernie hesitated, obviously wanting to ask another question. Jamison looked at him, waiting. “Boss, why don’t we just bring in Gage and Cleary?”
“You think that hasn’t crossed my mind?” Jamison immediately regretted the sharpness of his response, even though it was driven by stress. “The simple answer is because it isn’t going to do any good. What are they going to say that they haven’t already said, and it would just give Gifford another crack at them. Gifford has to show that there is enough credible evidence to undermine the conviction. So far all he has is Christine’s statement coupled with Vinson. Wallace could do it, but I think if we close the door with Jensen that’s going to be the end of it. Remember, even if Wallace granted a new trial based on the identification, I don’t think any of Christine’s testimony would be admissible in a new trial because Vinson didn’t comply with the rules of evidence. Admitting that evidence in a writ is one thing but admitting it in a trial is something else. That’s a judge up there making the decision, not a jury. He’s already heard that evidence to rule on it. You think he’s going to forget it? Wallace certainly isn’t going to decide that Harker is in fact innocent. All he’d do is set the case for retrial. I need to think about whether to come back at Vinson with Levy.”
Jamison rubbed his face, feeling the tension spreading across his forehead. “I’m going to meet Foster’s lawyer for a drink later on. We’ll see. Get Jensen ready for tomorrow to meet with me before court. I’m going to go see what Clarence Foster’s new lawyer has to say.
The Cosmo had been around a long time as had some of the regulars, including a few lawyers who had staked out possession of their own personal bar stools. Like most bars it was dark, and it took Jamison’s eyes a few moments to adjust before he saw Paul Carter waving from a corner booth and nursing a beer. As he walked over, Jamison caught the eye of the bartender, indicating he would have what Carter had; beer was all he could handle at the moment. Jamison nodded greetings to a few lawyers grabbing a drink before going home or, more likely, taking a break before going back to their offices. He could hear the dice cups rattling as the lawyers decided who would pay for drinks by playing liar’s dice. He always appreciated the irony of the name.
Carter tilted his head to the side. “Heard you had a rough day.”
“I’ve had better and I’ve had worse. Like they say, it doesn’t matter what happens today or tomorrow, the wheels of the bus will keep going round and round. Anyway, you wanted to talk? You got something for me. Is Foster ready to cooperate?”
“I need immunity. I can’t let him talk without immunity, but I think you should hear what he has to say.”
“You think I should hear what he’s got to say?” Jamison had been down this road before. “So what’s he got to say?”
Carter eyed him apologetically. “I need immunity first. You need to trust me on this, Matt.”
“You’re serious? Look, no taste first, no immunity. He’s already testified in this case and I’m not giving anybody immunity unless I know what they’re going to say and unless they say it to me first. I’ll go off the record, Paul, but that’s it.”
Carter took a sip of his beer and looked at Jamison with what appeared to be a measure of sympathy, which Jamison immediately discounted. Carter said, “Your father’s fingerprints are all over this, Matt. I need immunity.”
“My father’s fingerprints are all over a lot of shit. Give me what you got and we can talk. Otherwise, I can’t make a deal. Give me what you got off the record. I’ll listen and then we can talk. Besides, Foster already has immunity. That was established when he testified before.”
Carter said, “Did you find the immunity order?’
Jamison sat back, scrutinizing Carter. “No. Did you? But I’m guessing that there was something and it was in my father’s file on Foster. Was it?”
Carter looked uncomfortable. “There are notes and a handwritten memorialization regarding a deal for Foster to testify.” Carter didn’t say any more.
“Who wrote it?”
“If I read it correctly your father wrote it and it was signed by then deputy district attorney Jonathon Cleary on behalf of the district attorney’s office. Your father initialed it.”
“Is Foster’s signature on it?”
“No, so I’m guessing Foster did what your father told him to do and that handwritten deal was the agreement.”
“You’re guessing? Okay, so Foster has immunity. He’s supposed to cooperate. Are you going to give it to the court or to Gifford?”
“I plan to give a copy to Gifford, but I’ll also give the original to the court.”
“And to me?”
“Yes, and a copy to you.”
“So, there you go, your client has immunity because that’s the original deal. He doesn’t need anything else.” Jamison smiled. “You aren’t going to let him testify without another immunity order, are you? You want to cover his ass.” As he made his last comment Jamison’s eyes narrowed. “You’re worried that there’s more.” Jamison paused as he considered the implications before saying, “He’s not talking to you, is he? Otherwise, you’d know what he was told about the deal. So, you don’t know what he’s going to say, do you? And I’m going to guess that the notes in the file don’t necessarily jibe with what he’s said before—do they?”
“You need to hear this, Matt. You have to trust me on this.”
Jamison finished his beer. “Uh-uh. Give me something. I’m not putting Foster on the stand without knowing wha
t the hell’s going on. Right now, this is Gifford’s problem, not mine.”
“I think maybe there were serious issues about the trial.”
“I knew that when I sat down. Otherwise, you wouldn’t want to talk. I need more than that and you know it. But you’re going to have to give it up. Your decision. No information, no immunity, and I’m not accepting anything that can’t be corroborated. So just Foster giving me some new bullshit isn’t going to do it. I want evidence to support it. Besides I already know my father would have protected his client’s ass, so implying the file may be a little different than what was testified to doesn’t mean anything to me.” Jamison threw a five on the table. “I know you’re trying to do the right thing, Paul. So am I. We just have different jobs. But you have no idea what your client’s going to say because I’m betting he’s not talking to you. Is he?”
Carter finished his beer and threw another five on the table. “What is it Jack Nicholson said in that movie? ‘You can’t handle the truth’?”
“I can handle the truth, Paul. You just don’t know what it is.”
“And you do?”
“I have the guilty verdict of twelve jurors, and to a prosecutor and the justice system that’s the truth beyond a reasonable doubt. That’s the way it works. If you have something different, then serve it up. But no immunity without corroborated testimony and that is the truth as far as Foster’s concerned.”
Chapter 35
Jamison examined the copy of a handwritten agreement he had received that morning from Paul Carter. It was his father’s handwriting. He was sure of that. Cleary and his father had agreed that if Foster testified truthfully, he would not be prosecuted for his actions related to the murder of Lisa Farrow. It was an enforceable agreement and guaranteed that the DA’s office couldn’t charge Foster. He’d been thinking most of the night about Carter’s demand for immunity for his client. Foster didn’t need immunity. He had immunity. Therefore, Carter was concerned about exposing his client to something that might void the immunity agreement.
Shades of Truth Page 23
