The Mental Case (Thaddeus Murfee Legal Thriller Series Book 6)

by John Ellsworth

  The gun was a Sanchi MJ7, an Italian make that had been imported and distributed by All American Arms of Newport, New Jersey.

  Having introduced the gun into the stream of commerce, All American was named in the lawsuit filed by the sergeant on behalf of his one-eyed son, who now entertained a view of the world in something less than 3D.

  Discovery motions were filed, the errant firearm was produced, and the gun wound up in the hands of the defense counsel hired by the insurance company that insured All American Arms.

  That defense counsel happened to be Ansel Largent, who kept the gun in a clear plastic box on his desk, awaiting shipment by Melinda to the non-destructive testing engineers selected by Ansel as his client's expert witnesses. Three virgin full metal jacketed shells accompanied the gun and remained yet loaded in the cylinder as the day the plaintiff failed to heed every mother's advice that "you'll put your eye out!"

  It was this gun that ended the life of Suzanne Fairmont when bullet number four entered the back of her head and stirred the contents of her skull like a high speed food processor.

  She was dead before she could turn to see why her office visitor had come close.

  40

  Chapter 40

  Psychiatric protocols had the psychiatrists triplicating the inquiry into Ansel Largent's mental state as of the night Suzanne Fairmont died.

  In Illinois law, the issues of mental state at the time of the shooting and the competency to stand trial are two totally different animals. The question of Ansel's fitness to stand trial looked at whether, because of the defendant's mental condition, he was unable to understand the nature and purpose of the proceedings against him or to assist in his own defense. Because the issue of competency to stand trial had been raised by Thaddeus prior to trial for the underlying charge of first degree murder, Ansel was entitled to have this issue decided by a jury. Which is what Thaddeus told the court he wanted for his client.

  As Thaddeus expected, after a trial by jury, the verdict by a preponderance of the evidence was that Ansel was found fit to stand trial. Over a four day period, the jury listened to the opinions of one psychiatrist and two psychologists regarding the ability of Ansel to assist in his defense.

  It was an easy and quick decision for the jurors. After all, here was a man who had been running a law practice and carrying a full case load in a firm that employed over eight hundred lawyers. If he managed all that successfully--which he did--then surely he was able to help Thaddeus Murfee with the defense of his case. The jury deliberated less than one hour before returning with its verdict.

  While the verdict wasn't unexpected by Thaddeus, what he had done in even raising the issue was to create possible error for appellate counsel if the case went south and an appeal was required on down the road. It was simply a matter of planning ahead and Thaddeus, in order to fully protect his client, was pulling all the strings he could to try to create appealable error that might be grounds for a new trial or even reversal of a verdict if it came to that.

  Thaddeus met with Ansel at the jail the night before the jury's finding.

  "What have they done?" Thaddeus asked, inquiring about the steps taken by the doctors.

  "Lots of written testing. I've had two MMPI's, a physical exam, and a ton of other things. The shrink left this list of what they would be doing."

  He pushed a written sheet across the metal table. The list said:

  To determine a diagnosis and check for any related complications, you may have:

  A physical exam. Your doctor will try to rule out physical

  problems that could cause your symptoms.

  Lab tests. These may include a check of your thyroid function or a screening for alcohol and drugs, for example.

  A psychological evaluation. A doctor or mental health

  provider talks to you about your symptoms, thoughts, feelings and behavior patterns. You may be asked to fill out a questionnaire to help answer these questions.

  Determining which mental illness you have

  Sometimes it's difficult to find out which mental illness may be causing your symptoms. But taking the time and effort to get an accurate diagnosis will help determine the appropriate treatment.

  The defining symptoms for each mental illness are detailed in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), published by the American Psychiatric Association. This manual is used by mental health providers to diagnose mental conditions and by insurance companies to reimburse for treatment.

  Classes of mental illness

  The main classes of mental illness are:

  Neurodevelopmental disorders. This class covers a wide range of problems that usually begin in infancy, childhood or the teenage years. Examples include autism spectrum disorder, attention-deficit/hyperactivity disorder (ADHD) and learning disorders.

  Schizophrenia spectrum and other psychotic disorders.

  Psychotic disorders cause detachment from reality (delusions, paranoia and hallucinations). The most notable example is schizophrenia, although other classes of disorders can be associated with detachment from reality at times.

  Bipolar and related disorders. This class includes disorders with alternating episodes of mania -- periods of excessive activity, energy and excitement -- and depression.

  Depressive disorders. These include disorders that affect how you feel emotionally, such as the level of sadness and

  happiness. Examples include major depressive disorder and premenstrual dysphoric disorder.

  Anxiety disorders. Anxiety is an emotion characterized by the anticipation of future danger or misfortune, accompanied by feeling ill at ease. This class includes generalized anxiety disorder, panic disorder and phobias.

  Obsessive-compulsive and related disorders. These disorders

  involve preoccupations or obsessions and repetitive thoughts and actions. Examples include obsessive-compulsive disorder, hoarding and hair-pulling disorder (trichotillomania).

  Trauma- and stressor-related disorders. These are adjustment disorders in which a person has trouble coping during or after a stressful life event. Examples include post-traumatic stress disorder (PTSD) and acute stress disorder.

  Dissociative disorders. These are disorders in which your sense of self is disrupted, such as with dissociative identity disorder and dissociative amnesia.

  Somatic symptom and related disorders. A person with one of these disorders may have physical symptoms with no clear medical cause, but the disorders are associated with significant distress and impairment. The disorders include somatic symptom disorder (previously known as hypochondriasis) and factitious disorder.

  Feeding and eating disorders. These disorders include disturbances related to eating, such as anorexia nervosa and binge-eating disorder.

  Elimination disorders. These disorders relate to the inappropriate elimination of urine or stool by accident or on purpose. Bedwetting (enuresis) is an example.

  Sleep-wake disorders. These are disorders of sleep severe enough to require clinical attention, such as insomnia, sleep apnea and restless legs syndrome.

  Sexual dysfunctions. These include disorders of sexual response, such as premature ejaculation and female orgasmic disorder.

  Gender dysphoria. This refers to the distress that accompanies a person's stated desire to be another gender.

  Disruptive, impulse-control and conduct disorders. These disorders include problems with emotional and behavioral self-control, such as kleptomania or intermittent explosive disorder.

  Substance-related and addictive disorders. These include problems associated with the use of alcohol, caffeine, tobacco and drugs. This class also includes gambling disorder.

  Neurocognitive disorders. Neurocognitive disorders affect your ability to think and reason. This class includes delirium, as well as neurocognitive disorders due to conditions or diseases such as traumatic brain injury or Alzheimer's disease.

  Personality disorders. A personality disorder involves a lasting p
attern of emotional instability and unhealthy behavior that causes problems in your life and relationships. Examples include borderline personality disorder and antisocial personality disorder.

  Paraphilic disorders. These disorders include sexual interest that causes personal distress or impairment or causes potential or actual harm to another person. Examples are sexual sadism, voyeuristic disorder and pedophilic disorder.

  Other mental disorders. This class includes mental disorders that are due to other medical conditions or that don't meet the full criteria for one of the above disorders.

  Thaddeus slid the list and its enumerations back across the table. Ansel carefully inserted it back inside his jailhouse folder.

  "Impressive," said Thaddeus. "No damn wonder it's taken a month."

  "I know. If there's anything else to know about me, I don't know what it would be."

  "Well I've read the reports, which I'll leave with you. Just faxed over to me this afternoon."

  "Just give me a quick summary."

  "Besides being a weird duck, you're a pretty ordinary duck. However, you are bipolar and do need the Risperidone med. Antipsychotic. But we already knew that."

  "That's followed me around probably since college days. I just thought everybody saw strangers lurking in bushes."

  "Thankfully no. People like you and me, maybe."

  "Why? You're not bipolar, are you?"

  "Let's just say I've had my share of bad guys after me in my young age. Sometimes they were in fact waiting in the weeds."

  "That's different. I see things in bushes--or parked cars. Then I walk over to investigate and guess what? No one there."

  "So that's how you thought David had taken the trust account money?"

  "I can only guess. To me, it was as real as this hand," he said, holding up a very white hand. An untanned hand that made Thaddeus realize how much Ansel was probably missing daylight.

  "From what the doctors are saying in the reports, long story short, you have a moderate dissociation disorder as well. They say it operates along a spectrum from zero to a hundred. Some days you're all there, maybe a twenty. Some days you're not hitting on all cylinders, maybe an eighty. Some days you're at a hundred and should have stayed in bed."

  "That's in addition to the bipolar?"

  "Exactly."

  Well, now we won't be shocked tomorrow when they find you fit to stand trial. Don't be surprised when I tear into the Court's doctor and the DA's doctor tomorrow. I'll only be doing it to make a record."

  "For appeal. Of course. I would expect no less."

  Thaddeus smiled. "So, prepare for the worst and hope for the best."

  "Let's get to it then."

  "Will Libby be there tomorrow?"

  "I don't know. Why?"

  "How's the new treatment with her been going?"

  "We're good. We had our problems in the past. I did, actually."

  "What happened?"

  "I got caught in bed with another woman. Suzanne Fairmont."

  "What! The victim?" Thaddeus was incredulous. "Why haven't you told me this before now?"

  "I wanted to. But it hurts Libby so damn much still. I just didn't think it needed to come out at trial. Not while she's there."

  Thaddeus narrowed his eyes. "So, let me get this straight. You were in love with Suzanne?"

  "Maybe, probably. I don't know."

  "Did you shoot her--no, don't answer that. It doesn't help me to know if my clients did it or not. Besides, I know you didn't."

  "Of course I didn't shoot her. I had broken it off with her. Probably forty-eight hours after Libby's stroke. Thad, I felt so guilty. I felt horrible. I know Libby would never have had that stroke if she hadn't found me with Suzanne."

  "You don't know that. There was probably a predisposition. A weak artery somewhere."

  "I don't think so. I think it was my colossal screwup that pushed her over the edge. I'll never forgive myself."

  "Hey, that's up to you. What I need to know is, how was Libby toward Suzanne after you broke it off? She ever talk about with you?"

  "Sure, there was counseling. Plus church. That helped lots."

  "So you learned your lesson and you've been a good boy ever since."

  "Not exactly."

  "Jeez. What else, Ansel?"

  "Melinda, my secretary. We have this flaming thing going on. It's been limited to office encounters only. Well, maybe two-three times in a hotel. But we've never done the run-off-to-the-islands thing."

  "Well thank goodness for that. Ansel, do you mind if I tell you something?"

  "Does it matter?"

  "You need to learn to keep your dick in your pants. The little head is getting the big head in trouble."

  Ansel spread his hands. "Don't I know it. But there's more. Melinda's pregnant."

  "Married?"

  "Yes."

  "Good. Have her blame it on him. He'll never be the wiser, he'll love the kid and father it, and you won't need to break up a marriage. Do what works, Ansel."

  "She's in love with me."

  "Man, I don't give a damn. You back out of there, excuse yourself, and leave the strange alone. You've got enough to do, between the law firm, your practice, and taking care of Libby."

  "That's what I want to do. Clean slate."

  "I suggest you write Melinda a long letter ending it. Mail it to the office. She'll have two options. She can accept that's it over and go live her own life, or she can get angry and show it to Libby. But the risk of that is that she knows Libby might get angry and show it to Melinda's husband. Then she's screwed. My guess is she won't like it, she'll quit her job and leave you in the lurch, but it'll be over."

  "You're right. I'll write her."

  "Good enough. Now I'm out of here."

  "Tomorrow. And thanks, Thad."

  "Welcome."

  * * *

  The next day, Ansel met Thaddeus in the courtroom and handed Thaddeus a sealed envelope. Thaddeus saw "Melinda" written across the front, and nodded. "I'll see it gets to her. At the office." Ansel nodded solemnly. Thaddeus believed Ansel was ready to get right and that made him dig in that much harder for his client. More than ever, he wanted to deliver the guy from the funhouse that his craziness had built.

  Then the jury went out for an hour, found him fit to stand trial, after which, Thaddeus immediately renewed his motion to modify conditions of release. In short, he meant to spring Ansel from custody. The fitness jury had filed out of the courtroom and been dismissed when Thaddeus requested the court's attention.

  "Your Honor," he began, "now that my client has been found fit to stand trial, I would renew his request that he be admitted to the terms and conditions of bail on his own recognizance. The court previously stated that once the defendant proved that he is neither a flight risk nor danger to others, you were going to order release on his signature. Well, my client has been found fit to stand trial, he has fully cooperated with the examining physicians, and he is not a flight risk in that, prior to the charges being filed in the case but after the death of Suzanne Fairmont, the defendant accompanied me to Zurich and Mexico and at no time indicated any reluctance to return to the U.S. Had he in fact been guilty of this crime it wouldn't have made any sense for him to come back. But come back, he did. Which should be the best possible indicator on which the court can hang its hat and release this man on his signature. Thank you for listening."

  DA Stephenson was quickly on his feet, arguing, "But judge, there has been no showing that he's not a danger to others. The state would again remind the court that fitness to stand trial and psychotic or sociopathic tendencies toward others are two separate concepts both medically and under the law. Just because he understands the charges against him and can help his counsel prepare his defense does not mean that the streets will be just as safe if he's walking them. The defendant has failed to show he's not a danger to others and for that reason alone should not be released, either with a cash bond or on his signature. The proof is eviden
t and the presumption is great that this man is a killer."

  "Counsel," said the judge, looking directly at Thaddeus, "I am inclined to agree with defense counsel at this time. While there is very strong proof before the court that the defendant was connected to the gun by virtue of it being in his office and by virtue of it bearing his fingerprints and DNA, still that's not the standard for setting bail in these cases. Bond will be set as a 'D' bond in the amount of three million dollars. Mr. Largent, you must post ten percent to be released. Other conditions of release will be set out in my written order. Are we finished?"

  "Yes, Your Honor," said both attorneys.

  * * *

  The day following his release, Ansel appeared at his law firm. Melinda had resigned.

  He called a directors’ meeting and discussed his ongoing role with the managing directors. It was decided that he would continue in his role as managing partner. He also explained how he had intervened with the hackers who had managed to divert the firm's trust account and how he got the money back. He said there had been some strong-arm tactics employed by the FBI and that indictments were being drawn up for presentation to the grand jury. He assured them that an FBI report was being prepared that would fully explain what had happened and who the guilty parties were. There were going to be prosecutions and the board was relieved to hear that. They were equally adamant that no punishment was too severe for the hackers who had made off with their trust funds.

  They discussed the death of Suzanne Fairmont and the gun that had been found in his office. Reassurances were made regarding lack of proof and Thaddeus was called into the room to make a brief presentation of the defense case. A vote was taken and it was decided four-to-three that Ansel would continue in his role as managing partner even during the pendency of the prosecution.

  At present his case load was taken over by two junior partners and their associates and that would continue. Four out of thirty-seven insurance companies had pulled their accounts out of the law firm when they had learned of the indictment. The remaining thirty-three had decided that it would be too expensive and too damaging to their insureds to switch horses in midstream. Ongoing cases would have required twice the attorney's fees to make a switch. However they had also requested that other partners handle their work while the indictment was pending.