By the time he finished, Marc was ready to start laughing. Every eye in the courtroom was glazed over and probably no one, especially the jurors, had retained any of what the good doctor had just put them through.
Judge Carr, to everyone’s relief, called for a short recess to give everyone a chance to wake up.
During the break, Danica Kyle conferred with her witness and when court resumed, she reacquired control.
“Dr. Nunez,” she began after the break. “In your professional, expert opinion as a medical examiner with thirty-years-experience, what was the cause of death of William Sutherland?”
“Acute myocardial infarction brought on by being ingested with the drug Interleukin 2.”
“He had a heart attack and this drug…”
“Objection,” Marc interjected to stop her. “Asked and answered.”
Showing the savvy of a more veteran trial lawyer, Danica Kyle said, “I’ll withdraw and rephrase, your Honor. Doctor, in your expert medical opinion, would Mr. William Sutherland have died from a heart attack without having been given this drug, Interleukin 2?”
“No, he would not,” Nunez emphatically answered.
Oops, Marc thought to himself.
“I have no further questions, your Honor,” Kyle said with a tiny, smug smile on her face.
“Dr. Nunez, isn’t it true that you have no idea how this drug was introduced into William Sutherland, do you?” Marc asked jumping right into the weakness of his examination of William’s body and the doctor’s testimony.
“Yes, that’s true,” he admitted, “except it was not through injections.”
“Really? Given the amount of decomposition of the body by the time of the second autopsy small needle marks would have been almost impossible to find, isn’t that true, doctor?” Marc knew this because his pathologist had told him this was so.
“Not necessarily…” Nunez started to say.
“Can you say to a medical certainty that the drug could not have been administered by injection, doctor?”
“No, I can’t,” Nunez quietly admitted.
“Isn’t it true, doctor, you have no idea who may have introduced this drug into William Sutherland, do you?”
“No, I don’t,” Nunez said regaining his composure and sitting up straight.
“Could it have been a close friend?”
“I suppose.”
“Someone at work?”
“Yes.”
“One of his children?”
“Yes, I suppose if they had access.”
“How about a doctor?”
“You’ve made your point, Mr. Kadella. Time to move on,” Judge Carr said.
“One more your Honor,” Marc said.
“Make it quick.”
“How about a greedy daughter-in-law?”
“Objection!” Danica Kyle jumped up.
“Sustained. The jury will disregard that question,” Carr said to the jury. He turned back to Marc and said, “Any more of that and I’ll end this.”
“Sorry, your Honor,” Marc said but not meaning it in the least.
Marc picked up a document and asked for permission to approach the witness. As he did he handed a copy of the document to Danica Kyle and Carr.
“Dr. Nunez, I’m showing you a document marked Defense Exhibit B, have you seen this document before?” Marc said standing a few feet away from the witness stand. He would remain there until finished.
“Yes, I have.”
“It’s a report of an electrocardiogram administered on William Sutherland approximately a year before his death, isn’t it?”
“Yes.”
“Done during the course of a routine physical, was it not?”
“Yes, it was.”
“Electrocardiogram is also known as an EKG, is that correct?
“Yes, it is.”
“It’s a test done to measure electrical activity of the heart. A test of the heart’s strength, isn’t it?”
“Yes, it is.”
“William Sutherland’s heart output was almost ten points below the standard deviation, was it not?”
“Yes, that is the result of the test but….”
“Isn’t it true, doctor,” Marc quickly said cutting him off, “this means William’s heart was quite a bit below normal? Weaker than a normal heart?”
“I’m not sure I’d say that…”
“Doctor, should I bring in a cardiologist to answer that question? Someone more qualified than you as a heart specialist?”
Nunez sat silently, not wanting to answer the question that challenged his expertise.
“I’ll ask again, doctor. Isn’t it true William’s heart was quite a bit weaker than normal when this EKG was administered?”
“Yes, I suppose you could say that.”
Marc retreated to the defense table and picked up another document. He again handed a copy to Danica, one to Carr and one to Nunez.
“Dr. Nunez,” Marc again said for the record. “I’m showing you a one-page document. It is a page from the physical performed on William Sutherland at the time of the EKG. It is marked for identification as Defense Exhibit C. Please read the highlighted portion at the bottom.”
“It is recommended that the patient undertake major lifestyle changes. Specifically, he is to quit drinking alcohol entirely, smoking cigars, lose thirty to forty pounds and begin an exercise regimen.”
“Based on your autopsy examination, did Mr. Sutherland do any of these things?” Marc asked.
“It did not appear so, no,” Nunez said.
“In your medical opinion, doctor, do you believe his heart was stronger at the time of his death than when the EKG was administered?”
“Not likely,” Nunez conceded.
“Your Honor,” Marc began as he took the two documents from Nunez. “At this time, the defense requests that Defense Exhibits B and C be admitted into evidence.”
“Objection, lack of foundation.”
“May we approach the bench?” Marc asked.
Carr waved them up and Marc whispered, “Your Honor, they know these are valid. I was hoping they would stipulate to allowing them into evidence to save the bother of bringing in the doctor and technician who did the physical and EKG. The prosecution has these records.”
“Ms. Anderson?” Carr looked at Heather.
“I’ll stipulate, your Honor,” Heather said.
The lawyers returned to their seats and Carr admitted the documents into evidence to be given to the jury.
Marc informed the court he was finished with Nunez. Danica Kyle had no questions for redirect and Carr ordered the lunch break.
The defense team, Marc, Maddy, the two bodyguards and Mackenzie went up Kellogg to Seventh to eat at Cossetta’s. They were early enough to get a table and Butch Koll ordered two pizzas and drinks for everyone. During the lunch, Marc and the two guards bantered back and forth about the upcoming baseball season, the NHL hockey team – the Wild – and their playoff chances and another bad season by the Timberwolves. Guy stuff.
Normally Maddy had no problem joining in and contributing to the sports talk but not today. While Mackenzie added a little bit to the conversation, Maddy was unusually quiet.
“The state calls Jalen Wooten,” Danica Kyle said. They were back following lunch and Carr had given her permission to call her first witness.
The exterior doors were opened by a deputy and a tall, slender, young man with frizzy hair and gold-rimmed glasses entered. He nervously walked up to the witness stand where a deputy swore him in. He took the stand and looked at Danica.
“Please state your name and occupation.”
He leaned forward to speak into the microphone and said, “Jalen Wooten. I’m a computer technician with the Chicago Police Department.”
Danica took a few minutes to go over his credentials, his education and experience. Wooten was the computer geek who had performed the search of the personal computer of Wendell Cartwright.
This testimony ha
d been the subject of a very acrimonious hearing. Marc had fought tooth and nail to keep it out. The search had not been done until almost four years after Wendell’s death. It was not until Max Coolidge had gone to Chicago and spoke to the Chicago cops that it even occurred to them to do it. There was no chain of custody – the computer was found in the basement of an ex-wife and the police could not prove it had not been tampered with during that time.
Judge Carr allowed it over Marc’s objection for the limited purpose of showing a pattern. Marc believed this decision, because it was so blatantly prejudicial, was likely reversible error.
When Wooten finished giving his background, Danica began to ask him about Wendell’s P.C.
“Your Honor,” Marc said as he stood to address the court. “I renew my objection to this testimony in its entirety as being too prejudicial and without probative value. Also, there is a significant chain-of-custody problem,” Marc objected, again to be sure it was on the record in case of an appeal.
“Overruled,” Carr politely said. “I’m satisfied the chain-of-custody is not a problem and the computer was not tampered with.”
It took Danica and the witness less than fifteen minutes to explain what Wooten did with Wendell’s P.C. and what he found: six searches over a ten-day period for heart attack inducing drugs. These took place approximately four months before Wendell’s death.
Danica took another ten minutes to have him explain how he knew the computer had not been tampered with by anyone. Most of this was techie gibberish but it got the point across.
Marc’s cross-exam was limited to a couple of questions.
“Isn’t it true, Mr. Wooten, you have no idea who conducted these searches do you?”
“That’s true, I do not.”
“In fact, for all you know, it could have been more than one person doing them?”
“Yes, certainly, that’s also true,” he answered effusively, happy that the questions were so easy.
“In fact, anyone who had access to that computer could have done them, isn’t it true?”
“Yes, that is also true,” he admitted.
“Did you find any searches for any specific drug?”
“Um, no, I did not. They were all general searches for…”
“Thank you, Mr. Wooten,” Marc cut him off. “I have nothing further.”
The next witness was one of the Chicago detectives, Sean Flaherty. Danica Kyle also conducted his direct-exam.
Flaherty, being a veteran detective and having testified many times, comfortably explained the reason they investigated Wendell’s death. When politically connected rich people complained, the department listened.
He did his best to connect the similarities between Wendell Cartwright’s death and William Sutherland’s. What aroused their suspicions was the information received from St. Paul when Max Coolidge came to Chicago for a fugitive. It was all a little weak but it did serve its purpose to show a pattern between the deaths of Mackenzie’s two husbands.
“You didn’t become suspicious of Wendell Cartwright’s death until Detective Coolidge aroused those suspicions for you?” Mark began his cross-examination.
“I’m not sure I’d put it that way,” Flaherty said.
“Wendell Cartwright died of a massive heart attack, didn’t he?”
“Yes, he did.”
“Isn’t it true, detective, during your admittedly politically-motivated investigation, you discovered Wendell Cartwright had led the life of a pampered, dilettante, well known as an alcoholic, drug addicted womanizer?
“Well, I’m…”
“Yes or no, detective,” Marc said.
“Yes,” Flaherty admitted.
“You reviewed Mr. Cartwright’s medical records, did you not?”
“Yes.”
“Isn’t it true that after reviewing his medical records, his lifestyle and the autopsy report you were satisfied the death of Wendell Cartwright was caused by a naturally occurring heart attack, yes or no, detective?”
“Yes.”
“Isn’t it also true that setting aside the coincidence of William Sutherland’s death, you have obtained no evidence of any kind to indicate otherwise?”
“Yes, that’s true.”
The witness was returned to Danica Kyle for redirect.
“Detective Flaherty, what happened to the remains of Wendell Cartwright?”
“Objection, irrelevant,” Marc jumped up and said.
“Overruled,” Carr said, “You may answer.”
“His body was cremated.”
“And what happened to the ashes?”
“I was told by one of Mr. Cartwright’s children that…”
“Objection, hearsay,” Marc said.
Carr considered it for a moment then Heather Anderson said, “May we approach, your Honor?”
Carr waved them forward and as he always did, pushed the button to activate the white noise sound inhibitor so no one could hear the bench discussion.
“Your Honor, we have an ex-wife to testify. She will verify his answer.”
The lawyers returned to their seats and Carr told Flaherty to answer the question.
“The ashes were thrown in Lake Michigan.” He then added, “They could not be recovered.”
The second part of his answer was clearly objectionable but Marc decided to let it go. It was too late, anyway and fairly obvious that the remains could not be recovered.
Flaherty was excused and Carr ordered the afternoon break.
FORTY-THREE
The mid-afternoon break was over and the courtroom was completely full again. There was a murmur of conversation because Carr, normally punctual for a judge, was not back on the bench.
“What’s going on?” Mackenzie leaned over and whispered to Marc. Maddy, sitting to Mackenzie’s left, also leaned in to hear Marc’s answer.
“Don’t know,” he shrugged. “Maybe Shayla Parker’s back there for a nooner.”
Both women burst out laughing as Marc continued by saying, “At their age, this could take a while.”
“Stop it,” Mackenzie said trying to calm herself.
“No kidding,” Maddy chimed in. “That’s not an image I want to have. Besides, they’re not much older than you.”
“Oh, thanks for the reminder,” Marc said.
Tyrone Carter, Carr’s clerk came into court through the door behind the bench. He looked at the lawyers and motioned them to come forward.
“He’s on the phone with another case. He wants you to come back for a minute.”
The three lawyers followed Tyrone back and as they entered the judge’s chambers Carr waved them forward. They took the chairs in front of his desk and tried not to listen while he finished the phone call.
“What do you have for this afternoon?” he asked Heather Anderson after hanging up the phone.
“A couple of ex-wives of Wendell Cartwright from Chicago,” Heather said.
“Can you get them done in an hour? I have a motion I want to schedule for four o’clock on the case I was on the phone with.”
“The direct won’t take long,” Heather said.
“Marc?’ Carr asked.
“Should be okay,” Marc said.
“Good, do your best. I know the lawyers for this other case. If I schedule them at four, I’ll be lucky to be out of here by seven. Let’s go,” Carr said.
“State your full name and address for the record, please,” Tyrone told the witness.
“Calista Cartwright,” Wendell’s first wife clearly stated along with her Chicago address.
Heather conducted the direct exam. The purpose of bringing this witness from Chicago, Wendell’s first wife, was to establish that the two of them remained the best of friends, despite the divorce and the years apart. And her knowledge of Wendell’s financial affairs.
Maddy had flown to Chicago and researched and interviewed all of the ex-wives and children, with the exception of wife number four. Her name was Ilse, a one-time exotic dancer/stripper w
ho drove her Corvette, a parting gift from Wendell, into a bridge abutment. Drunk and loaded with crystal-meth, no one was surprised by her tragic demise.
What Maddy got out of Calista was the claim that Wendell was extremely unhappy with Mackenzie, who Calista still referred to as Frances. The report Maddy gave to Marc was Wendell was contemplating yet another divorce. This news had been argued before Carr who ruled not a word of it could be told to the jury. It was obviously hearsay and Carr would not allow it. One of the few victories Marc was able to get to suppress something overly inflammatory. Without this testimony being allowed, Marc was left wondering what she was being called for.
Heather spent the first twenty minutes having Calista testify about her relationship with Wendell, how much she still loved and cared for him and how devastating his death was. Heather walked her right up to the line of telling the jury about Wendell wanting to divorce Mackenzie/Frances.
“How did he seem to you in the last few months of his life?”
“Very unhappy,” she started to say.
“Objection,” Marc said to stop her.
“I’ll allow it but be careful, Ms. Anderson,” Carr ruled.
“I’ve known him forty years and I’ve never seen him so unhappy,” she continued.
When she said this, Marc thought, Great! My big mouth let her repeat it.
“How was his health?”
“Objection. She’s not a doctor.”
“Overruled. She knew the man for forty years,” Carr said.
“At times, not so good then other times he could be the fun, charming Wendell,” she said.
“To your knowledge, did he ever have a heart…”
“Objection!” Marc said jumping up.
“Sustained. Don’t go there,” Carr said.
Heather asked for and received permission to approach the witness. She handed Calista a document, took three or four short steps back and said, “Mrs. Cartwright, I’m showing you a document marked for identification as State’s Exhibit Seven, do you recognize it?”
“Yes.”
“Read the title, please.”
Marc Kadella Legal Mysteries Vol 1-6 (Marc Kadella Series) Page 211
