With the increasing restrictions the state had imposed, many of the clinics I used to refer my patients to had shutdown, unable to comply with the new regulations. About five years ago, the mother of one of the young women I had turned down came to my office. She told me that her daughter had gone to an unlicensed practitioner to have the procedure performed. Her daughter bled to death. She told me she held me responsible for her daughter’s death. She said her daughter wasn’t the only young woman in the neighborhood who, when denied the option of having a safe procedure, resorted to the ‘back alley.’ She was only 15 years old.”
Martison paused, “I could not get the image of that young woman out of my mind. It haunts me to this day. I realized that I could never allow that to happen again.”
“No further questions.”
“Very well,” Judge Matthews said. He looked at his watch and said, “We’ll recess for lunch and reconvene at 2 PM and the Commonwealth can cross examine Dr. Martison then. Court is recessed.”
Chapter 24
Before court reconvened Jack called Kate and told her what had happened. “Kate, I can’t walk out on the case.”
“I’ve been thinkin it over. You’re right, we’re a family. We have to stick together. If you can’t leave we’ll have ta make sure Liam is safe here with us.”
Was it true that Jack had no other option? He could have told the Judge that it was Mark Young’s case, and he wasn’t prepared to go on without him. Did he let his ego get in the way of common sense? Was stepping in and saving the day, not to mention ensuring his boss’ endorsement more important than assuring the well-being of Kate and Liam? He’d have to come to grips with that, but for now he had a job to do.
“No, I want you and Liam to get on the next flight to Dublin. I’ll join you as soon as I can.”
“Jack…”
“Kate, please. As long as there’s a chance that Nooris can hurt you, you have to get out of here.”
He forced himself to think through Martison’s direct testimony. He thought both Coratelli and Martison’s performances were pretty slick. Was he being overly cynical? Of course, in the end it didn’t matter what he thought. All that really mattered was what the members of the jury believed.
The public discourse over women’s reproductive rights had abandoned any semblance of rationality. You were either on one side of the debate or the other, with no middle ground. Even though Jack was somewhat ambivalent, his discussions with Kate over the topic reflected how deeply she held the church’s viewpoint. Despite his own Catholic upbringing he wasn’t so sure. Now he found himself exactly where he never wanted to be, right in the middle of the shit storm. By the time the judge reconvened the hearing he had made up his mind. Screw it! He’s going to take the doctor down, regardless of how it might affect his political aspirations.
He began his examination by reviewing Martison’s direct testimony. He challenged the accuracy of the defendant’s account of the treatment he had provided each of his patients who underwent abortions both before and following the procedures. He pointed out the discrepancies between the doctor’s recollection of his interactions with each of the patients and their accounts. When that line of inquiry was exhausted he asked, “Doctor you testified that you decided to limit your practice after one of your patients blamed you for the death of her daughter when you refused to perform an abortion. Is that correct?
“Yes.”
“Based on the documents in evidence it appears that most of the procedures you performed involved late term abortions. Do you agree?”
“Well I never really considered the number of procedures on that basis.”
“OK, but would you agree that a good number of the abortions you performed would fall in the late term category?”
Martison hesitated, “I suppose that would be a fair statement.”
“Do you have any thoughts as to why a good number of the procedures are late term?”
“No.”
“Could it be, because other clinics refuse to perform them?”
“I don’t know.”
“OK, we can get back to that later. Doctor, the procedure you follow for late term abortions is different from abortions during the first and early second trimester pregnancies. Is that correct?”
“Yes.”
“The procedure is sometimes referred to as a ‘Partial Birth Abortion’, is that correct?”
“That’s how some politicians described it in a law that was found to be unconstitutional. The proper medical term is intact dilation and extraction.”
“Thank you doctor for correcting me,” Regan replied with only the slightest hint of sarcasm.
“This intact dilation procedure you performed, can take place after a fetus is viable. Is that right? “
“I suppose it can sometimes.”
“To perform this procedure you inject the fetuses with Digoxin. That’s the drug you used, isn’t it?”
“Yes.”
“That drug induces a fatal heart attack. Is that correct?”
“Yes.”
“And the extraction involves extracting the baby past the naval and then cutting through the neck of the fetus. Did I describe the procedure correctly?”
“Yes.”
Jack could see a few of the jurors wince.
“Getting back to the dilation, you use a drug that induces a fatal heart attack, just like older people experience. Is that right?”
“Well, yes they’re the same medically.”
“When people have heart attacks they experience excruciating pain don’t they?”
“There’s nothing in the medical journals that suggest that a fetus experiences any pain.”
“But doctor you testified that the heart attacks you induced were the same medically as the heart attacks people experience. So how do you know that a fetus doesn’t experience any pain?”
Vito Coratelli stood, “Objection. Your honor has already ruled that the charges based on the fetuses are no longer a part of this case.”
The judge paused and said, “Mr. Regan where are you going with this line of questioning?”
“Judge, I suggest that the jurors should hear the details of the procedures.”
“Your honor has already ruled on this issue and you have determined as a matter of the law of this case that the charges involving the fetuses are not a matter for the jury to consider,” Coratelli countered.
“Mr. Coratelli is correct, I have already ruled on this issue.”
“I understand Your Honor, however, Dr. Martison testified as to his experience and training and I suggest that the jury is entitled to consider whether the heart attacks he induced caused the fetuses to suffer.”
Jack could tell from the jurors’ reactions that regardless of the judge’s ruling he had made his point.
“Defense’s objection is sustained. The jury is directed to disregard the line of inquiry concerning the effect of the Digoxin on the fetuses.”
Jack continued to face the jury. “Doctor Martison, after injecting the fetuses with Digoxin you still had to induce labor. Is that correct?
“Objection.”
“Sustained. Mr. Regan the issues relative to the fetuses are not a matter for the jury. Do you have any further lines of inquiry of this witness?” “
“No further questions.”
“Does defense have any redirect?”
“No Judge.”
“Very well. We’ll adjourn for the day. Counsel please meet with me in my chambers. Court is in recess.”
Judge Mathews took off his robe and sat down at the head of the conference table. Coratelli and Regan waited as the court stenographer set up her apparatus. Mathews waved his hand and said, “Let’s begin off the record.” The lawyers nodded. “Fellas we have to get this trial moving. We’ve been at this for over three weeks. The jur
y is starting to show signs of fatigue. That isn’t in anyone’s interests.”
“Vito do you have any more witnesses?”
“No Judge.”
“Jack, any rebuttal?”
“Your Honor I plan to call the nurse to review the steps the doctor took to determine the babies were not born alive.”
Coratelli shook his head, “Judge you already ruled that none of the fetuses were viable. The prosecution’s proffer is a rather obvious attempt to circumvent your ruling. All this will accomplish is to confuse the jury, prejudice my client and prolong this trial.”
Mathews turned to Regan and said, “Jack I tend to agree with Vito’s point.”
“Judge I believe this is a legitimate argument. The charges of criminal negligence are still a question for the jury. This evidence goes to those allegations, notwithstanding your prior ruling,” Regan said.
The judge looked at the attorneys, “Let’s go on the record. We’re in chambers with counsel of record to discuss the progress of the trial. The Commonwealth has advised that it intends to present a rebuttal witness to testify regarding the steps the defendant took to determine whether the babies he delivered were alive. The defense argues the evidence is an attempt to circumvent my prior ruling regarding viability of the fetuses following the procedure. Defense counsel also asserts that allowing the inquiry to continue will prejudice his client and unreasonably protract the trial.
Although I am inclined to agree with the defense, I agree that the issue is already in the record and further questioning would not unduly prejudice the defendant. Therefore, I will delay my ruling to permit the Commonwealth to present its rebuttal evidence, conditioned on the Commonwealth’s understanding that it must expedite its examination on this point.”
“Gentlemen, did I accurately summarize your respective arguments?”
The attorneys nodded.
“Let the record show that all counsel have acknowledged my ruling. Anything else? Let the record reflect that there are no other issues to address. We’ll reconvene tomorrow morning at 10 AM.
Jack any word on Mark’s condition?
“He suffered a concussion and a broken leg. He’s a tough kid and the doctors believe he’ll have a complete recovery.”
Chapter 25
Flynn opened the door and smiled at her. “May I come in?” He stepped aside and she walked past him into the center of the room. She looked around the two-story loft apartment that had been converted from the former warehouse space. “Whoever designed this was very creative,” she said.
He walked close behind her, “Did ya really come here to talk about architecture, or is there something else on yer mind?”
She turned to him and stood silently. He took her purse out of her hand and threw it on the floor. He pulled her close and held her, his face, his lips almost touching hers. She covered the distance between them thrusting her tongue into his mouth and pushing her body into his. Her knees buckled and he lifted her off her feet as they continued their kiss. She wrapped her legs around him as he carried her to the sofa.
He gently lowered her to the sofa as they continued their kiss. She closed her eyes surrendering to the wonder of the moment, the gentleness of his lips on hers and the sweetness of his taste on her tongue. She almost wished the kiss would never end but wanted, no needed, to have much more.
He pulled the silk tee shirt over her head and kissed her neck as she unhooked her bra. He took her breasts in his hands and squeezed the nipple of her right breast before he took it in his mouth.
She bit his shoulder and gasped as he tongued her areole. He continued down her abdomen and she unfastened her jeans as he slowly ran his tongue down her body. He put his tongue inside of her and pushed her thong panties out of the way. She moaned as he explored her and she held him there. He gently ran his tongue across her labia bringing her closer and closer to orgasm and stopping. The ecstasy of his tenderness kept her on the edge of climax and seemingly made time stand still, until he tongued her clitoris and she lost all control as her orgasms came in wave after wave.
He pulled away and unbuttoned his jeans. She pulled them down and reached for his cock. She slid her tongue over the head of his cock and took him in her mouth raking her teeth up and down the shaft as she sucked and pulled his buttocks into her.
He pushed her down on her back and tore her thong away. She gasped as he entered her. She opened her eyes and reached up and pulled his face down to hers. They kissed, his tongue in her mouth and the rhythm of his cock moving into her again and again faster and faster, and then more slowly, as he held off the climax. She looked in his eyes and let herself ride in the pure joy of the moment as she surrendered to the orgasms that continued to rock through her body. She moaned as she felt him finally release his orgasm inside of her.
Afterwards he looked at her as she remained in his embrace.
“You are a beautiful woman,” he said as he brushed the hair aside and ever so gently sucked the lobe of her ear. She sighed and placed her hand on his cock in disbelief that he was already aroused. As he lay on his back she straddled him and guided him inside of her. He pulled her down and greedily sucked her tongue. Now she slowed the pace and smiled as she felt the fullness of him. She kissed him and again felt the wonder of the gentleness of his lips on hers. The kiss was like a revelation; the sweet promise of what was possible. She wanted with all of her being to make time stand still, but the passion of their coupling could not be denied and they both exploded in almost spontaneous orgasms.
He left her on the sofa and covered her with the afghan that lay on the floor. He walked over to the bar and she watched as he poured them both a drink. He walked back to her not bothering to cover himself. “Sláinte,” he said and smiled at her.
She raised her glass to him and downed the drink.
“Are you a cold hearted bastard who is going to break my heart?” she asked after she finished her drink.
He laughed. He took the empty glass from her hand and lifted her off the sofa. He carried her up the stairs to his bedroom where they fucked again until they fell asleep in exhaustion.
They assembled in the conference room at the Cold Case office to give their report to Larry Jackson. McElroy and Ichowitz had charted the results of their investigation on the white board. They had submitted the barrettes they had obtained from the Blutarski family along with the fragment recovered from the skeleton uncovered at the Fishtown construction site to the forensic laboratory to see if there was a DNA match. Both of them were convinced the report would confirm their belief that Kathleen Blutarski had been buried there. .
“OK so assuming the identity is confirmed where does that leave us?” Jackson asked.
Ichowitz shrugged and responded, “Well we know approximately when the Blutarski girl was killed, within days of the 1960 confirmation graduation at St. Laurentius. We suspect she was the victim of a botched abortion. That’s a significant development in the investigation of her disappearance. Dave’s unit can at least provide the Blutarski family with some closure.”
McElroy nodded.
“So what don’t we know?” Jackson asked.
“We don’t know who performed the abortion or how the girl’s body got buried at the construction site or who put it there,” McElroy said.
“Any theories?”
The three men studied the white board as they contemplated the evidence.
Ichowitz turned to them and said, “In 1960 what is now the construction site was the Kastanski Brothers slaughterhouse. The bodies of the two prostitutes we assumed had been buried at the Church of the Ministries of God were buried there more than 20 years after the Blutarski girl. The Church was located at the former site of the Kastanski Brothers’ butcher shop.”
“So you think there’s a connection between the Kastanskis and the murders?” Jackson asked.
Ichowitz looked around
the room and asked, “Anybody got any other ideas?”
“Dave, why don’t you get your guys to look into the Kastanski family and see what comes up,” Jackson said. “Anything else either of you can think of? OK, good work.”
Chapter 26
“Do you have any coffee?” Courtney asked him after rummaging through the empty kitchen cabinets.
“I drink tea,” Flynn replied.
“OK where do you keep the tea bags?”
He smiled, “Ya can’t make a proper cuppa tea from a tea bag.”
She was wearing one of his shirts and nothing else. He walked over to where she was standing, pulled her to him and nuzzled her neck. She turned and kissed him and pulled away. “I need a cup of coffee and we need to have a talk.”
He kissed her again and said, “Can’t it wait?”
She returned his kiss and whispered, “Coffee now. I know a place close to here where I can get my coffee and you can have your tea and we can have a proper chat, and then.”
“And then what?” he asked.
“We’ll see. Now be a good boy and put on some clothes.”
“But yer wearin my shirt,” he said and began to unbutton it and push it off her shoulders. “God you are beautiful,” he said as he took her in his arms.
An hour later, when they had finished making love, they were in her car headed north. “Where are ya takin us?”
“The Perfect Cup, it’s a coffee shop on Frankford Avenue in Fishtown. Don’t worry they also brew tea and they don’t use tea bags.”
He recognized her the moment they entered the shop. He was amazed at how she could transform her appearance. They made eye contact and he nodded. He assumed from her reaction she wasn’t going to take any immediate action.
They walked over to the counter and were greeted by the owner. “Bill I’ll have a large latte with skim milk, and my friend here will have your special chai tea. Hi Carrie, have you decided about returning to school next semester?”
Fishtown: A Jack Regan/Izzy Ichowitz Novel Page 13
