Chase, the Bad Baby: A Legal and Medical Thriller (Thaddeus Murfee Legal Thriller Series Book 4)

by John Ellsworth

  “Get married?”

  “Why not?”

  “I would like that. I’m a go on that.”

  They reached and held hands across the table. Tears flowed and coffee went untouched. After ten minutes of silence they went upstairs to their bedroom, where they stretched out on the bed, fully clothed, and held each other.

  Then they cried. Hard, wracking cries without letup.

  It would be a long afternoon, and it had only just begun.

  * * *

  The women made love that afternoon. Caroline held Morgana and gently kissed her face and mouth. They removed their clothes and turned down the covers. They lay side by side and touched for an hour or more, before giving into their desires and strong feelings for one another. Hands touched between legs, mouths tasted open bodies. Sated, they finally spooned and drifted off for another thirty minutes. Then they awoke and started all over again. Following the second round, they held on and cried.

  By sundown they were cried out and starting to make jokes about small, insignificant matters in their lives.

  Morgana bounced out of bed at six o’clock and announced she was going downstairs to her office to look into Iowa’s same-sex marriage laws. Caroline said she wanted to make Morgana’s favorite, beef stroganoff. They dressed in lounging clothes and parted ways, feeling closer and more bound together than they had in months.

  They were both free to love fully and completely.

  Adoring looks were exchanged and hands touched as they parted.

  * * *

  Morgana and A.W were seated at defense table while Thaddeus was whispering to Christine at the plaintiffs’ table.

  Judge Moody took the bench and looked down at the litigants. The jury was in the jury room and all but a few mostly disinterested spectators had taken up seats in the courtroom.

  The judge spoke, nodding first to the reporter to indicate they were on the record. “Counsel, you asked to present a motion prior to the jury being brought in. So who goes first?”

  Thaddeus stood. “I do, Your Honor. Judge, we’ve been able to get in touch with a missing witness. Now we’ve learned that we can get her here but not until tomorrow.”

  A.W’s head jerked up. From the look on his face he clearly had no idea this was coming.

  “So you’re asking for a continuance for one day?”

  Thaddeus nodded. “We are, Your Honor. She’s a mission critical witness for us. A sine qua non.”

  The judge looked over at Morgana. “And what about you, counsel, what is the defense’s position on this motion to continue trial for one day?”

  Morgana quickly began, “Judge, we really have no objection—”

  Whereupon A.W leapt to his feet. “Hold on! We do too object, Your Honor. Sit down, Morgana.”

  Morgana sat. A small smile danced at the corners of her mouth but she stared straight ahead.

  “And what’s the basis of your objection?”

  A.W said, “We have our own witnesses scheduled for today. We have experts we’ve flown in to testify today, experts from Los Angeles and Atlanta. Everyone’s meter is running and we want to put them on to testify without delay.”

  “Thaddeus?”

  “Your Honor, I will be happy to personally guarantee payment of their witnesss’ invoices for a full day of testimony today. We want to be fair about this.”

  “You’ll pay out of your own pocket, win, lose, or hung jury?”

  “Yes I will, Judge.”

  The judge nodded and cast a look around the courtroom as he pondered. The baby’s father sat alone in the very rear of the courtroom, a pleading look on his face.

  “Very well. Based on counsel’s affirmation to the court that a day’s continuance will be paid by plaintiff’s counsel I see no reason why we can’t all take a day off today. Personally I could use the respite and I’m sure the jury have errands they would like to run and family they would like to catch up with. Motion to continue granted. I’ll see all of you back here tomorrow morning at nine sharp.”

  A.W said under his breath to Morgana, “I’ll see you back at the office. We need to have this out.”

  She climbed to her feet and pulled herself fully upright. “Let’s meet at The Judges’ Chambers across the street. Give me a chance to toss down some eggs and bacon.”

  “See you there.”

  * * *

  The Judges’ Chambers, a local eatery and watering hole directly across the street from the courthouse, was bustling and blew the smell of bacon frying and eggs sizzling right out the door onto the busier sidewalk in downtown Chicago. A.W. and Morgana had just ordered and the waitress was walking away. Morgana stirred her coffee. A.W. was red-faced. His hands clenched at nothing and unclenched several times over.

  “No objection to a continuance? What, are you kidding me?”

  She was light and breezy. Dying, she thought, makes you that way.

  She tasted the coffee and wiped her mouth. “I think it’s time we make a serious offer and settle this case. We could use this day to do just that. So I didn’t object, I thought we could make good use of the time.”

  “Have you been paying attention, girl? Sandy won’t authorize one dime to settle!”

  “He should think about that. There’s a new witness on her way.”

  “Do you even know what witness they’re bringing in on Friday?”

  “Well, by the process of selection I can compare the witness list to who they’ve already called and see who’s left to call.”

  “You know what I’m saying. Who are they bringing in?”

  “Nurse Andrea. They found Nurse Andrea.”

  “The delivery room nurse? I thought we had her buried overseas!”

  “We did. They dug her up.”

  “And you know this how?”

  “Thaddeus told me just before the judge came in. He asked me if we wanted to settle and gave me a huge smile.”

  “Jesus.”

  “That’s what I’m saying. I think it’s time we tuned up Sandy and put some money on the table. If they’ve really found her then we’re going down hard.”

  “Girl, are we having some kind of problem here?”

  “No more than usual, why? Boy.”

  It hung in the air. Equals were faced off. No more girl, girl, girl. She had nothing to lose. Absolutely nothing. And everything to gain.”

  “How did they find her?”

  “You know Thad, he’s one hell of a lawyer, A.W.”

  “Let’s call Sandy, see if he knows anything about this. Or her.”

  A.W. jabbed at his cell and punched it on SPEAKER. It rang twice.

  Sandy came on. “What gives, old man?”

  “New development, Sandy. I’m hearing they’ve located Andrea Mounce, the delivery room nurse.”

  “That’s impossible! She’s in Germany. They’ll never find her.”

  “Morgana tells me they found her. And this morning they got a continuance until Friday to put her on.”

  “Not to worry. My people have already taken her statement. She’ll say the records are her handwriting.”

  “You’re absolutely sure of that?”

  “I’d bet on it.”

  Morgana interrupted. “Sandy, Morgana. Are you willing to bet twenty million on it? Cause that’s the minimum we’ll get hit for if she takes the stand and denies the records are hers.”

  “I’ll take that bet. We’ve statementized her and she’s golden.”

  “Even if she is, this is the time to put some money on the table. I want this on the record and I’m delivering a letter to you this afternoon that I’m recommending settlement.”

  Sandy laughed derisively, as if dealing with an upstart teenager. “You’re already on that record. You’ve been on that record for months, Morgana. You need to relax and let us handle this part of the case. I’m telling you she’s golden. I was headed in to court, but I’m turning around. See you both Friday.”

  They hung up.

  A.W scowled at Morga
na. “What, are you trying to lose Hudd Family as a client with your cold feet?”

  “I’m only trying to save my client. You should be too. This continuance is Thad’s shot across our bow. He’s known for knocking down big targets and we’re in his sights right this minute. Only you guys don’t hear me.”

  “We’ve got her statement. Relax and eat your breakfast.”

  “You eat it. I’m out of here.”

  She stomped to the door and threw it open. The cold air blanked off her face. It felt good. Getting away from the old man and his cronies suddenly felt exhilarating.

  She walked down the sidewalk and never once looked back.

  53

  On the final day of trial the jury was brought in and quickly seated. They were smiling and whispering to one another, restless and ready for things to begin. Thaddeus could tell they could smell the end of the trial coming when they would be freed of their duty as jurors. Once seated and settled down, Judge Moody looked over at them and smiled. He was wearing his black robes and his glasses perched on his forehead.

  “Good morning,” he said to the jury. Heads nodded, smiles exchanged; they were friends, judge and jury, and Thaddeus liked the symbiosis he was witnessing. “I hope you all enjoyed the day off,” he said, and many of the jurors nodded emphatically. “Good.”

  The judge looked down at Thaddeus. “Counsel, you may call your next witness.”

  “Plaintiff calls Andrea Mounce.”

  Her starched military fatigues swishing as she strode up the aisle, Andrea Mounce had a stern look on her face. She looked to Thaddeus like she was studied and serious. Studied in that she had reviewed the trial transcripts he had provided her when they were flying on his Gulfstream back from Germany. “Can’t believe what I’m seeing here,” she muttered at one moment over the Atlantic.

  She took her seat and nodded at the jury. Smiles were returned; Americans love their service members.

  “State your name for the record.”

  She pursed her lips thoughtfully, then launched into what she had come to say. “Andrea Mounce.”

  “Andrea, you’re deployed by the National Guard to an air base in Germany, is that correct?”

  “That is correct.”

  “And your rank in the military?”

  “I am a major.”

  “What is your job with the military?”

  “We fly American soldiers from the U.S. Hospital there in Germany to Walter Reed Hospital.”

  “So you help take care of American soldiers in transit?”

  “I do. In a hospital aircraft.”

  “Now directing your attention to July fifth, last year, what was your occupation at that time?”

  “I was a nursing supervisor, responsible for several different practice areas in Hudd Family Hospital Chicago.”

  “And as part of those duties did you participate on the delivery team for Mrs. Latoya Staples?”

  “I did.”

  “While you were serving as a nurse, were you in the delivery room with Latoya?”

  “Delivery room and I scrubbed in for the OR part of the delivery. I’m a certified OR nurse.”

  “I see. Now, as part of your role that evening, were you entering nursing notes into Latoya’s chart?”

  “I was.”

  “I’m going to hand you what’s been marked at trial as Defendants’ Exhibit 4. Can you tell me what that is?”

  “It appears to be nursing notes and appears to be connected to Latoya’s delivery.”

  “Have you ever seen those notes before?”

  She pulled a small pair of readers from a chest pocket and pored over the exhibit. “Well, they have what appears to be my initials but none of this is my handwriting.”

  A.W leapt to his feet. “Objection, surprise!”

  Judge Moody gave the old attorney a long stare. “Surprise, counsel? I’ve never heard of an objection to testimony by surprise.”

  A.W continued. “We had no idea until just now that they would be calling this witness.”

  The judge turned his attention to Thaddeus. “Counsel, is Major Mounce listed on your witness list submitted to the court?”

  “She is, your honor. And I told Miss Bridgman yesterday morning that I would be calling Major Mounce today.”

  The judge focused on Morgana. “Miss Bridgman?”

  “That’s correct, Your Honor. We were warned she was coming to testify.”

  A.W whispered angrily to Morgana, “Warned? What the hell does that mean?”

  “Objection overruled,” said the judge. “You may continue, Major Mounce.”

  Thaddeus picked up where he’d left off. “We were discussing the notes that the hospital and doctor provided me before during the discovery phase of this case. These notes they gave me are not in your own handwriting? Even where your initials are placed alongside each entry?”

  She again reviewed the exhibit. After a minute or more she looked up and shrugged. “This is not my handwriting. I don’t know what else to say.”

  “Even where it says the page for C-section was made at six thirty-five p.m.?”

  “Not my handwriting.”

  “And even where it says Dr. Payne arrived at six fifty-three p.m.?”

  “Not my handwriting.”

  “Do you have the original nurses’ notes?”

  “I do.”

  “Objection!” cried A.W. “The originals are already in evidence!”

  “No,” said Andrea, “those are not the originals.”

  “Let me rule, Major,” said the judge. “The witness can testify to what she knows. Please proceed, Mister Murfee.”

  “Please give me the original nurses’ notes,” Thaddeus said to the Major. She arose and walked back to where she had left her overnight bag. Everyone watched as she unzipped the top of the red nylon bag and removed a sheaf of papers. She retook the witness stand. She handed the papers to Thaddeus. He reviewed them for a moment and then addressed the court.

  “Let me ask the court reporter to mark an exhibit.”

  The court reporter marked the sheaf of papers from Thaddeus.

  “Now let me show you what’s been marked Plaintiffs’ Exhibit 21. Can you look these over?”

  “OK, I’ve paged through them.”

  “Can you tell us what these are?”

  “These are nurses’ notes. In my handwriting. Some of the entries are in another nurse’s handwriting, as well. But I know her and know that’s all her own, too.”

  “Where did you get these?”

  “Some man in the hallway handed them to me as I got off the elevator.”

  “Did he say who he was?”

  She nodded. “He said he was from the hospital.”

  “And what is what’s been marked as Exhibit 21?”

  “These are my nurse’s notes from the Latoya Staples delivery of her baby by C-section.”

  “And according to these notes, what time did you page for a C-section?”

  She reviewed the exhibit, drawing a line with her finger as she read. “Let’s see. I made the page for a C-section qualified OB at six thirty-five p.m., eighteen thirty-five hours.”

  “Did anyone answer that call?”

  “Well, Gerry Springer, M.D., came to help.”

  “Who is Dr. Springer?”

  “He was a first-year OB resident. He had only been in the rotation for three months and had never performed a C-section. He wasn’t qualified.”

  “What did he do?”

  “He told me to page Dr. Payne.”

  “And you did that at what time?”

  “I paged Dr. Payne at six thirty-five p.m.”

  “What time did Dr. Payne arrive?”

  “Let’s see.” Again reviewing the notes. “Forty-five minutes later we had the baby out. He got there at seven fourteen. Thirty-nine minutes after the page. The baby is delivered at seven nineteen. My notes, my handwriting.”

  “Which means Chase would have gone about fifteen minutes longer than any bab
y can without suffering damage from lack of oxygen?”

  “That’s correct.”

  A.W again pushed himself upright and complained to the judge. “Objection, Your Honor. She has not been qualified as an expert and does not have the knowledge or training to testify about anoxia in fetuses.”

  “Counsel, you’re telling me that even though she’s a certified OB nurse she can’t testify about this baby’s lack of oxygen for thirty-nine minutes?”

  “Correct. That’s what I’m saying.”

  “Overruled. Counsel, we’re going to take a fifteen-minute break. My chambers, please.”

  The attorneys followed the judge through the doorway back behind and to the left of his lofty plateau.

  Moments later they were all clumped around his desk. Judge Moody had unzipped his robe and loosened his necktie. He waved the attorneys into the ring of chairs scattered around his desk.

  He took a swig out of a cold Starbucks on his desk, and said, “Someone owes me an explanation.”

  The attorneys looked at each other. Then they stared at the floor, all except Thaddeus, who maintained eye contact with Judge Moody.

  The judge was impatient. “Well? Who wants to go first?”

  A.W went first. “Your Honor, I think we’re putting the cart before the horse here. We were just preparing to make a settlement offer to the plaintiff and her attorney.”

  Thaddeus shot back, “Rejected. We don’t wish to settle, Judge.”

  A.W looked him in the eye and shook his head. “But you haven’t even heard how much. You can’t reject without knowing.”

  “How much?”

  “Fifteen million. Take it or leave it.”

  “I’ve already spoken to my client. She’s told me to reject anything less than fifty million.”

  A.W all but shrieked, “That’s preposterous! She can’t just reject fifteen million!”

  The judge lifted a hand. “Apparently she can, and she did, Mr. Marentz. Now let’s get down to the real deal. Months ago you came into court and told me all records had been turned over to Mister Murfee. Do you recall that?”

  A.W looked at Morgana, indicating she should speak. “I do.”

  “I’ll ask you again, were all records turned over?”