Scott hung up the phone and told his wife about the conversation, being careful not to leave out any detail. She shook her head, pulled some pamphlets from the back of a drawer where she had been hiding them and shoved them toward her husband.
“We have no choice. Your uncle has lost his mind, and someone needs to protect his money. Lindsay is certainly not interested in doing it, so it is up to us.”
Scott picked up the pamphlet for the Farnsworth Sanitarium and began to read it, while Joanna made a call to Dr. Farnsworth. She made an appointment for herself and Scott to bring Uncle Bill for an evaluation.
“You need to talk to him,” she said, motioning her head toward the living room where Bill sat watching television. “You need to tell him we are worried about him and have made him an appointment with a new doctor.”
“Don’t you think that will sound suspicious?” Scott asked.
“I don’t care how it sounds. I swear, Scott, I have to do absolutely everything. Lindsay is out of town, and this is the perfect opportunity. You are going to do this one thing. I expect him to be ready to go first thing in the morning.”
Joanna stomped away, and Scott took a deep breath before walking into the living room to speak with his uncle. The next morning, Scott and Bill were sitting at the breakfast table drinking a cup of coffee when Joanna came down stairs. She was dressed conservatively in a pink and white pants suit.
“You look nice, Joanna,” Bill said.
“Why thank you, uncle,” she replied.
“Is that your taking-me-to-the-head-doctor outfit?”
Joanna frowned at Bill, then at Scott. Scott mumbled under his breath before finishing the last of his coffee and grabbing his coat.
“Now Uncle Bill, we are simply worried about you,” Scott said. “It will help you to have someone to talk to.”
“I don’t need anyone else to talk to,”
“Come now, uncle. I would never say that if you don’t go see this doctor, you cannot stay at our house anymore, but I would say that it will make me feel so much better about your health if you do.”
Bill got the message loud and clear. He and Lindsay had been talking about finding their own place, but it was safer to continue staying with Scott and Joanna for the time being. He grabbed his coat and grudgingly followed them to the car. About an hour later, they pulled up to the Farnsworth Sanitarium. They all entered the building, and Joanna told the receptionist that her uncle had an appointment to see Dr. Farnsworth.
“If you will, please wait in the sitting area. Dr. Farnsworth will be with you shortly,” the receptionist said.
Ten minutes later, a nurse called for Bill and escorted all three of them to Dr. Farnsworth’s office. They all sat down around a small round table. Dr. Farnsworth was a tall, very thin man with a full head of gray hair and spectacles. He sat back and intertwined his long fingers before speaking.
“Good morning, Mr. Levy,” Dr. Farnsworth said. “How are you doing today?”
“I’m perfect,” Bill replied. “I’m right as rain and do not need to waste any more of your time.”
“Don’t be ridiculous, uncle,” Joanna chimed in. “Dr. Farnsworth, my husband’s uncle is far from fine. In fact, he is about to be in dire straits for his outrageous actions.” Joanna went on to explain to Dr. Farnsworth that Bill was continuously giving large sums of money to strangers for no reason and that if he continued this outrageous behavior, he would be putting his and his family’s future at substantial risk. During his wife’s diatribe, Scott nodded at appropriate times, while Bill just shook his head and rolled his eyes.
“This is too much,” Bill said, standing up to leave. “It’s my money, and I can do with it as I please. I’ll wait for you in the lobby.”
Bill left the room, and Joanna began to cry softly. She gave Dr. Farnsworth various other examples, most of them quite untrue, about Bill’s actions that were borderline insane. Dr. Farnsworth nodded sympathetically and pulled out his notes.
“We see this all the time,” the doctor said. “His age, his actions, his treatment of his family - it is clear to me that your uncle is suffering from dementia.”
Chapter 5
The law office of Daniel Swift was located in a three-room office suite about three blocks from the beach in Key West. It was a little worn, and the air conditioner did not work with any regularity, but Daniel Swift enjoyed clearing his mind with daily beach walks. It also did not hurt that the office was located down the street from the courthouse. Daniel had been an attorney for more than 15 years. He started his career in a plushy-carpet, high-dollar firm. A top-tiered graduate from Harvard Law, Daniel had a choice of jobs. After a few years working in a job where he never felt he truly made a difference, Daniel decided to start his own firm and cater to those who truly needed help.
Lindsay Gill stood outside of the Swift’s law office, staring at the business card given to her by a friend. She had called earlier in the day, spoke to Kristie Starr and made an appointment. Lindsay had been out of town for a few days, leaving her husband, Bill Levy, alone with his nephew and niece-in-law. She hated leaving Bill alone with them, but sometimes it just could not be helped. This time, they had managed to have him locked up in a mental hospital. Lindsay was not even allowed to see him. Kristie Starr, Daniel Swift’s law clerk and assistant, heard the electronic bell on the office door and looked up to see Lindsay Gill walk in.
Although Daniel was the attorney, the office was really run by Kristie. She had worked with Daniel for the past five years and was so involved with his office and his cases, it seemed that most of the time she knew more about what was going on than he did. Daniel could not imagine his office without Kristie. Truth be told, he could not imagine his life without her.
“Good afternoon,” Kristie said, standing and reaching out her hand. “You must be Lindsay.”
“Yes, I am. Thank you so much for seeing me on such short notice.”
“Of course. Daniel is expecting you. Can I get you anything to drink?”
“No thank you,” Lindsay replied, before Kristie escorted her into Daniel Swift’s office. The attorney was sitting behind a large wooden desk in an office decorated with vintage baseball memorabilia, as well as different paintings and sculptures of the scales of justice. He was tall and lean with an angular face. Lindsay could definitely see how Daniel Swift could be formidable in court.
“Ms. Gill, I’m Daniel Swift. Please have a seat.”
“Nice to meet you, Mr. Swift. Call me Lindsay.”
“And you can call me Daniel. Tell me what I can do for you.”
“It’s about my… um, fiancé. He’s in some trouble,” Since arriving in Key West several years earlier, she and Bill had decided to tell everyone that Bill was her husband. There were questions about their past, and now was certainly not the time to go into it. Not when she had to rescue him from an insane asylum.
“What kind of trouble?” Daniel asked. “Has he been accused of some type of crime?”
“No, it’s not that. He’s been committed to the Farnsworth Sanitarium. His niece and nephew are behind it, I have no doubt. I need some help getting him out. He is not crazy Daniel. I promise you that.”
Lindsay went on to explain the relationship between Bill Levy and Scott and Joanna Kirby. After some health issues, she and Bill had moved in with the Kirbys. At first they were welcoming and seemed to enjoy having them as part of the household. They were also happy about the financial contribution Bill and Lindsay made. In fact, it was for this reason that Scott and Joanna invited them to stay, as they were having some money problems.
“After a few years, it seemed like instead of welcoming us into the home, they started complaining more and more about us being there,” Lindsay went on. “They continued to ask for more and more money. I say they, but I really mean Joanna.”
Lindsay explained how Joanna was constantly trying to control Bill, where he went and what he spent. Scott just followed
along. As soon as Lindsay returned from her short trip, she found out that Bill had been committed and that she was no longer welcome in the Kirby home.
Daniel listened to her intently, taking notes and asking information about Bill when needed.
“I think we can help,” he said. “It sounds like your fiancé has been involuntarily committed. The hospital can only hold him for 45 days before revisiting the issue, but there is certainly something we can do before that time.”
Daniel explained that he planned to file a Writ of Habeas Corpus stating that Bill Levy was being illegally held without cause. The plan would be to put Bill on the stand and allow the court to see that there was no need for a commitment.
“Have you had the opportunity to let Bill know that you would be hiring an attorney to represent him?” Daniel asked.
“No, I tried, but they refuse to let me see him. It’s like they have him in prison.”
“Not quite, but also not far off,” Daniel agreed. He told Lindsay they would file the paperwork with the court today and request an emergency hearing the next day. “Kristie will call you as soon as we have docket time. I’ll swing by the Farnsworth Sanitarium and see if I can talk to Bill.”
Lindsay thanked Daniel and Kristie and left the office. Daniel asked Kristie to call the mental hospital to see what information she could get on Bill Levy. While she worked on that, he went back to his desk and began drafting the writ. Twenty minutes later, he put the writ on Kristie’s desk for her to file with the court.
“What did you find out?” he asked her.
“Well, not much, I have to say. I could barely get anyone to verify that Bill Levy was actually there. I found out he was committed yesterday. The commitment paperwork was filed by Dr. Phillip Farnsworth and signed by a night magistrate who probably didn’t even look at the commitment paperwork.”
“Probably not,” Daniel agreed. “Farnsworth is a big deal and does a lot of testifying. The magistrate probably just saw his name and rubber-stamped it. I’m going to run up there and see what I can find out.”
“Great. I’ll run to the courthouse and get this filed. Then, if you get done in time, maybe I will let you buy me dinner.”
Kristie grabbed the paperwork, winked at Daniel and headed to the courthouse. Daniel watched her walk away, a smiled playing at the corners of his mouth. He locked up the office, got in his car and headed to the hospital.
Chapter 6
The Farnsworth Sanitarium was built on top of probably the only hill in the Key West area. Driving up to it, Daniel thought of every scary movie he had ever seen, picturing lightning in the background of the hospital. It was almost comical to him. He parked his car and walked into the large barred front doors. A glassed-in receptionist booth welcomed visitors. As Daniel approached, a female receptionist dressed in scrubs opened a small window.
“Good afternoon sir, can I help you?” the receptionist asked.
“You sure can. My name is Daniel Swift. I am an attorney that has been hired to assist a patient you have here - a Mr. Bill Levy. I’d like to see him.”
“I see. Please have a seat, give me a few moments, and I will see what I can do.”
The receptionist pulled the window closed, then picked up the phone and dialed. Daniel stepped away from the glass and looked around the lobby area. There were several photos of Dr. Farnsworth with politicians and actors, as well as framed awards and certificates for the Farnsworth Sanitarium.
“Excuse me sir,” the woman said. She had opened the window to the receptionist booth and was beckoning Daniel over. “I’m sorry, but it will not be possible for you to see Mr. Levy today.”
“Well, how about tomorrow morning?”
“I mean you will not be able to see Mr. Levy at all. The doctor has put in strict orders that he is to receive no visitors.”
“Would that be Dr. Farnsworth?” Daniel asked.
“Why yes,”
“Do you know why? Why the orders?”
“No sir, I am just the receptionist,”
“I’d like to talk to Dr. Farnsworth then, please,”
“I’m afraid that will not be possible either. Dr. Farnsworth is completely booked for the rest of the day.”
Daniel thanked the woman and left. There was something strange going on, and he needed to get this case in front of a judge as soon as possible. He had just started to call Kristie to make sure she got an early docket call when his cell phone rang in his hand. It was Kristie.
“Hello?” he answered.
“Nine tomorrow morning. Judge Newton.”
“That’s my girl. Now how about that dinner.”
“I wish I could, but I have to go check on my parents. Raincheck?”
“You bet,” Daniel said, a little deflated at missing out on a dinner with Kristie. “Let me know if you need anything.” They said their goodbyes and hung up. Daniel, now without dinner plans, went back to his office to prepare for the writ hearing.
Chapter 7
The next morning, Daniel and Lindsay sat at the petitioner’s table in Judge Phillip Newton’s courtroom. Lindsay Gill sat behind them in the gallery, nervously playing with a book she held in her lap. Across the aisle was the respondent’s attorney Simon Levoir. Sitting next to Levoir was Scott and Joanna Kirby. Daniel understood what Lindsay had meant about Joanna. She certainly seemed to call the shots in the marriage. She was constantly telling her husband to sit up straight or fix his tie.
“Oyez oyez oyez,” shouted the bailiff as Judge Newton entered the courtroom. “This court is now in session. The Honorable Phillip Newton is presiding.”
Everyone in the courtroom stood as Judge Newton entered and took his place on the bench. “Be seated,” the judge said. “Call the docket.” The clerk sitting next to the judge called the writ hearing and handed Judge Newton the file. He reviewed the information in the file and looked up at Daniel.
“Mr. Swift, I count two people at your table, and I know both of them. Where is the petitioner?” the judge asked.
“That is an excellent question,” Daniel replied. “I have been unable to speak to Mr. Levy due to his unlawful incarceration in Dr. Farnworth’s hospital.”
“Who hired you?”
“His fiancé, Ms. Gill,” Daniel said, pointing to the woman behind him.
“Your honor, if I may,” Simon Levoir interrupted. “This “fiancé” has no standing in this court as a petitioner in this matter. My clients, Mr. and Mrs. Kirby, are the only family Bill Levy has left. They are the only ones who really have any standing in matters related to him.”
“Mr. Swift, do you have a response?” the judge asked.
“Absolutely, your honor. Mr. Levy has been subjected to an involuntary commitment by the state on the sworn affidavit of Dr. Farnworth. As this court is well aware, an involuntary commitment carries with it a much higher burden as well as a more timely review of the commitment. Both Ms. Gill and I have been denied access to Mr. Levy. As there has been no evidence presented from the respondent that the Kirbys have a power of attorney over Mr. Levy, this court has a duty to hear from him.”
“Mr. Levoir, do your clients have a power of attorney for Bill Levy?” the judge asked.
“No sir, your honor, but…” Levoir began before the judge cut him off.
“No buts, if there is no power of attorney, this court will hear from Bill Levy. Mr. Levoir, as Mr. Swift has been unable to see him, I expect that you will make him available to the court.”
“Your honor, the issue with Mr. Levy’s presence before this court is that he has been diagnosed as physically unable to appear before this court by order of his doctor,” Levoir said.
“I find that answer unacceptable counsel,” the judge replied.
“As do I your honor,” Daniel interjected.
“I believe Dr. Farnsworth will be able to address that issue,” Levoir said. “The respondent calls Dr. William Farnsworth.”
The doctor, who
had entered the courtroom and was sitting behind Levoir, stood and walked to the bench. The bailiff swore him in and returned to his seat.
“Mr. Levoir, you may begin,” the judge said.
“Thank you, your honor,” Levoir said, turning his attention to Dr. Farnsworth. “Dr. Farnsworth, thank you for coming today. Are you the owner and head medical doctor at the Farnsworth Sanitarium?”
“I am,” Farnsworth replied.
“Do you recall meeting with a man named Bill Levy?” Levoir asked.
“Yes. Mr. Levy was accompanied to my office for observation by his nephew and his nephew’s wife, Mr. and Mrs. Kirby.”
“How long ago was this?” the attorney asked.
“Two days,” Farnsworth replied.
“Why is he not here today?”
“As a psychiatrist and medical doctor, based on my expert opinion of the situation, I felt that this hearing would cause Mr. Levy to become overexcited, leading to additional stress and mental harm,” the doctor said.
“Why did Mr. and Mrs. Kirby initially feel he needed to be observed?” Levoir asked.
“Mr. Levy was exhibiting erratic behavior,” Farnsworth said.
“Why did you determine that Bill Levy needed to be involuntarily committed into your sanitarium?” Levoir asked.
“My diagnosis was based on my personal observation of Mr. Levy’s erratic behavior, as well as violent behavior,” the doctor said. “Additionally, Mr. Levy suffers from an arcus senilis, or crescent ring on the cornea, in his right eye. This can be an indication of senility. This physical attribute, combined with Mr. Levy’s actions, led to my diagnosis that Mr. Levy should be committed for safety reasons, as well as further observation.”
“Thank you, Dr. Farnsworth,” Levoir said. “I have no more questions your honor.”
“Mr. Swift, do you have any questions for this witness?” the judge asked.
Murder in the Hotel: A Daniel Swift Mystery Page 2
