“And are the contraindications for St. John's wort discussed in the Herbs and Body Systems class?”
“They are.”
“Is taking beta blockers mentioned as one of the contraindications?”
“It is. In our class, we discussed several medicines that you either shouldn't take with St. John's wort or should consult with your doctor about.”
“And Liselle Vila took the Herbs and Body Systems class with you?”
“She did.”
“Do you know her grades?”
“She received an ‘A’ in both courses. That's why I was hoping she would join our department.”
“Did you discuss this with her?”
“Joining our department? I did.”
“What did she tell you?”
“That she intended to major in woodland biology. She was clearly passionate about the topic and told me that that was the main reason she was taking the class—to have a better understanding of plants and their effect on us and our relationship with the natural world.” She smiled, clearly unaware that she was burying my client. “Honestly, it was inspiring to see such passion in a student.”
“To be clear, Professor Hopkins, you discussed St. John's wort and its interactions with Western medicine in both of your classes?”
“I did.”
“No further questions, Your Honor.”
I stood. “Professor Hopkins, how many herbs do you discuss in your Introduction to Herbal Sciences class?”
“I would estimate that there are one hundred and sixty-two.”
“And I assume that, in your materials, each substance gets a couple of paragraphs?”
“That's right. Part of what I want to expose the students to is the broad scope of botanical and herbal remedies that exist in our world.”
“St. John's wort would been one of those one hundred and sixty-two?”
“That's right.”
“And Professor, in your Herbs and Body Systems class, I assume St. John's wort is again one of many herbs you discuss?”
“That's right. It's only about one hundred in that class, but we also spend time on classifications of herbs and how certain classifications interact with different systems in your body.”
“I see. You mentioned that you taught that St. John's wort interacts with certain medications like beta blockers, true?”
“I did.”
“If you are not taking beta blockers, St. John's wort is an effective herbal supplement, isn’t it?”
“Absolutely.”
“Do you teach in your class that it's often used to treat anxiety and depression and insomnia?”
“I do.”
“It's one of the most used herbal supplements in the United States, isn’t it?”
“It is. People find it to be very beneficial.”
“It is commonly taken in tea form, right?”
Professor Hopkins smiled. “There are a variety of teas with St. John’s wort that are simply delicious.”
“And good for your health?”
“I certainly think so.”
“Do you drink herbal tea, Professor Hopkins?”
She smiled. “I do.”
“Did you have some this morning?”
“I did.”
“Do you know if it had St. John's wort in it?”
She smiled further. “I must confess it did. I figured the calming effects couldn't hurt before testifying. This is nerve-racking.”
Most of the jury smiled at that. Professor Hopkins was charming. I smiled too. “You're doing just fine. So the jury is clear, if you are not taking beta blockers, St. John's wort is an effective, healthy, herbal supplement commonly used throughout the United States?”
“Absolutely. Nature provides us with much of what we need and the yellow flower of St. John's wort is a perfect example.”
“How would you compare it to Coca-Cola?”
Professor Hopkins scowled. “Soda pop is poison. No one should just drink it. They would be far better off drinking herbal tea.”
“With St. John's wort in it?”
“Absolutely.”
“No further questions, Your Honor.”
Victoria stood. “Professor Hopkins, do you teach in your class that taking St. John's wort while taking a beta blocker can be dangerous?”
“I do.”
“Because it can reduce the effectiveness of that medication, right?”
“That’s right.”
“No further questions, Your Honor.”
I stood. “Professor Hopkins, in your classes do you teach that we are all responsible for what we put in our bodies?”
“I do. Everyone has that responsibility.”
“Do you teach that if you don’t know what’s in something, you should ask?”
“Absolutely.”
“What each of us take in, as adults, is up to us, right?”
“Right.”
“Professor, you’re not a medical doctor, right?”
“I’m not.”
“Do you teach your students that if they’re not sure about a medication’s interaction with a supplement that they should ask their medical doctor?”
“I do.”
“Do you share your herbal tea with others?”
“Of course,” Professor Hopkins said.
“Objection, Your Honor,” said Victoria just a hair too late.
“Sustained,” said Judge French. “The jury will disregard that last question and answer.”
“No further questions, Your Honor.”
Victoria decided enough was enough and excused Professor Hopkins. The professor gave Liselle a little wave as she left. Liselle smiled.
The jury saw it.
“Your Honor, the prosecution rests,” said Victoria.
“Members of the jury,” said Judge French. “We have some technical things to take care of so we’ll have a brief morning break and then the defense will begin its case. Please come back in fifteen minutes.
Once the jury had left, Judge French said, “Counsel, please see me in my office.”
Victoria and I looked at each other, shook our heads to indicate neither of us knew what was up, and went back. Judge French sat himself heavily in his chair and said, “What are we doing here, Ms. Lance?”
Victoria looked startled. “What do you mean?”
“I mean what are we doing in the second week of a first-degree murder trial on this case?”
“Your Honor, we think it's clear that—”
“If you're about to say you think it's clear that a crime has been committed, you are mistaken.”
Victoria shrugged. “We think it is, Your Honor.”
“Have you offered a plea deal? For something without intent?”
“We have not, Your Honor.”
“Why not?”
Victoria straightened. “We thought it was important to bring the first-degree charge in this case.”
Judge French looked at me. “Would you take something less?”
“Given these facts, Your Honor, I don't know how I could recommend a plea to anything that includes jail time.”
Judge French nodded. “I understand this is a high-profile case, Ms. Lance, but a high-profile loss is still a loss.”
Victoria raised her chin. “If we lose, Your Honor. And sometimes we need to bring a case just because it’s the right thing to do, regardless.”
“That has rarely been my experience.” Judge French stared and Victoria Lance returned it until finally Judge French sighed again and said, “Fine.”
“We’d like to move for a directed verdict, Your Honor,” I said.
Judge French shook his head. “I'm not going to dismiss the case, Mr. Shepherd. You can put your motion on the record but the grand jury found that there was enough evidence to bring the case so I'm not going to dismiss it, no matter how weak it is.” He waved a hand. “All right, are you ready to begin, Mr. Shepherd?”
“I am.”
“How long do you a
nticipate going?”
“Probably no more than a day, day and a half.”
“Fine. I'll see you in ten minutes.”
44
It was my turn to put on witnesses and I had decided to answer the prosecution’s wave of wedding witnesses with one of my own. I put them on the stand, one after another, as rapidly as I could. Just to make the point.
“You saw Mr. Phillips and Ms. Vila at the wedding?”
“I did. I was sitting at their table.”
“And you saw Mr. Phillips ask Ms. Vila to dance?”
“I did.”
“What did you see?”
“She was eating a piece of wedding cake and Mr. Phillips came over and took her hand and said, ‘Don't you dare leave me hanging out here,’ and she smiled and excused herself and went out and danced with him.
“And, if you don’t mind my asking, how old are you, Mrs. Crandall?”
“I'm seventy-eight.”
“And did you see Richard Phillips at the wedding reception?”
“I did.”
“When did you see him?”
“I was sitting alone at our table—my husband had recently passed, you see—and Mr. Phillips came up and asked me if I would care to dance.”
“And did you?”
“I did. I thought it was very sweet.” She paused. “And it made me miss my Franklin very much.”
I handed her a tissue.
“Thank you,” she said.
“Thank you, Mrs. Crandall.”
“You were working at the southeast bar, over by the ice sculpture, the night of the reception?”
“I was.”
“And did Richard Phillips order a drink from you?”
“He did.”
“What was it?”
“A red wine.”
“How do you remember that?”
“He tipped me twenty dollars. I was looking for him to come back the rest of the night.”
“Did he?”
“Once more time, yes.”
“And did he order red wine again?”
“He did.”
“One?”
“Yes.”
“Was he by himself?”
“He was.”
“Both times?”
“Yes.”
“You worked at the rehearsal dinner?”
“I did.”
“I understand you were serving the coffee and dessert after the dinner?”
“That’s right?”
“Did you serve Richard Phillips and Liselle Vila?”
“I did.”
“Did they have dessert?”
“Yes.”
“How about coffee?”
She shook her head. “No. They just asked me to bring cups of hot water.”
“Oh? How many?”
“Two.”
“One for each?”
“Yes.”
“What do you mean ‘the couples dance?’”
“You know when they have all the couples come out on the dance floor and then they gradually go up with how many years you've been together and you leave until the couple that's been together the longest is the only one dancing on the floor.”
“I see, and you and your husband went out there?”
“We did. We’ve been married for thirty-six years.”
“Congratulations.”
“Thank you. So as my husband and I were going out, Ms. Vila was pulling Mr. Phillips off the dance floor.”
“I see. Did you hear them speak?”
“I did. Ms. Vila kept saying ‘But we’re not married’ and Mr. Phillips said, ‘Come on, they won't care.’ And she laughed and said, ‘No, no, no,’ and pulled him off the floor.”
“She pulled him off the floor?”
“It took a few tries but she did, yes.”
All in all, I thought I was countering Victoria’s wedding witnesses pretty well and it was all going fine until I got to Beverly Maddox.
Mrs. Maddox was in her sixties and was always in everyone's business except that she was so darned delightful as she did it that no one really seemed to mind. She had been a friend of the Branson family since Ellie and Matt had been small and so naturally had been invited to the wedding. She thought the service was marvelous and the food divine and the guest list just about as noteworthy as one could get in our small town of Carrefour.
“So where were you seated the night of the wedding, Mrs. Maddox?” I asked.
“Well, I wasn't at the head table naturally because even though I'm practically family, I'm not a blood relation and that's the most important thing to have around you at an event like that. No, I was seated at the table right next to the head table along with Dottie Myers and Betsy Frank. The staff served us about the same time as the head table, which I appreciated because I just can't bear to let my asparagus get cool.”
I smiled. “I see. So from where you were sitting, you had a clear view of the dance floor?”
“I certainly did. And let me tell you those dance lessons that Jake Phillips didn't want to go to certainly paid off. He practically floated Ellie right around the room.”
“Mrs. Maddox, did you know who Richard Phillips was that night?”
“Well, I most certainly did. We might live on the border of Ohio and Michigan, but we’re not a backwater. I'd seen him on the news shows and I had read the Forbes magazine article about his family and it was really quite a to do to have them coming right here to our hometown. I thought Carrefour turned it out quite well. Well, you know besides what happened, of course.”
“Sure. So you had seen him enough to recognize him?”
“I had indeed. And of course he'd been sitting with the family and he looks just like his brother, Stephen, a little heavier maybe, but the family resemblance was unmistakable.”
“And did you know who my client, Liselle Vila, was at the time?”
Beverly Maddox shook a ringed finger. “You know, I didn't when the weekend started, but I took one look at her and my goodness I had to find out. I assumed she must be some sort of model so I was asking around and do you know that it turned out she’s a biologist? An actual scientist. Did you know that?”
“I do, Mrs. Maddox. Did you know all that at the time?”
“I did. I'm practically family as I mentioned so I was at the rehearsal dinner and saw her for the first time there. Goodness. She's about as striking a woman as I've ever seen and I once saw Jackie Kennedy no farther away than you to me.”
“I see. And did you see Richard Phillips and Liselle Vila at the wedding reception?”
“I most certainly did and, as good a job as the bride and groom did in their dance, those two danced like they had been doing it together all their lives. I mean they practically floated across the floor. Do you know that at one point they did a waltz? There wasn't even a waltz playing but they totally made it work. It was divine.”
“Now Mrs. Maddox, did you talk to Liselle that night?”
“I certainly did. Our table was right next to the dance floor and Ms. Vila saw I was by myself and she came over and sat right next to me. She had been dancing and a woman like her doesn't sweat but she certainly glowed. She sipped a water and she asked me where I was from and how I knew the bride and groom and where I had gotten the beautiful emerald necklace I was wearing.” Mrs. Maddox put a hand to her neck where three small emeralds hung at the end of a gold chain. “My Benjamin gave them to me, on our twenty-fifth wedding anniversary, God rest him, but she noticed and it seemed to me that these emeralds were the only thing as green as her eyes in that room.”
I exchange a smile with the jury and said, “What happened next, Mrs. Maddox?”
“Well, we had talked for a time when Richard Phillips came up holding two glasses of wine. And Ms. Vila, she barely takes a sip and sets it aside and Mr. Phillips, he takes a big drink. And Ms. Vila introduced me to him and Mr. Phillips said it was certainly a pleasure to meet someone as interesting and delightful as me and then said, that if
I didn't mind, he would like to dance once again with Ms. Vila.”
“Let me stop you there for a moment, Mrs. Maddox. So Mr. Phillips brought wine for himself and Ms. Vila to the table?”
“Yes, he did.”
“And he asked Ms. Vila to go back out and dance?”
“He most certainly did.” Mrs. Maddox straightened and she shook her head and, I’m not kidding, she actually clucked. “I understand why you're asking those questions of course, Nathan. I mean, Mr. Shepherd. Mr. Phillips ordered the wine and Mr. Phillips asked her to dance and if you ask me this whole theory that this sweet young woman danced Mr. Phillips to death is just about as silly a thing as I've ever heard. Who in the world would try to dance a man to death? It's not even possible. Waste of everyone's time and money if you ask me. Although it certainly gave me something to look forward to today.”
I waited for the objection but it never came. I glanced over and Victoria was just sitting there. I figured she didn’t want to cut Mrs. Maddox off and seem rude to the jury.
Mrs. Maddux kept going. “I mean if it was possible, I’d have seen it by now on 60 Minutes or To Catch a Killer, don’t you think? It makes no sense. No sense at all.”
“Thank you, Mrs. Maddox, I don't want you to talk about other things that you thought about or saw. I just wanted to make sure that you saw Richard Phillips get his own wine and that you saw him ask Ms. Vila to dance. Is that right?”
“Isn't that exactly what I said?”
“Yes, I suppose it is. No further questions, Your Honor.”
Victoria stood. “Mrs. Maddox you don't think someone could dance someone to death?”
Beverly Maddox shook her head. “I don't see how they could. This is just a horrible tragedy.”
“A horrible tragedy? Just an unfortunate, one-time incident?”
“Exactly.”
“No further questions, Your Honor.”
I had a very bad feeling. I needed to get Mrs. Maddox off the stand before she did any more damage. Or opened any more doors. “That's all I have for Mrs. Maddox, Your Honor.”
“Thank you very much, Mrs. Maddox,” said Judge French. “You're excused.”
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