Redress of Grievances
Page 25
"How long was this evidence in the prosecution's possession?"
"A couple of months. Until we made an arrest in the case."
"Isn't it true, detective, that Mr. Lassiter presented the defense with fraudulent evidence during the initial disclosure?"
"Objection, your Honor. Is defense counsel accusing the prosecutor's office of something?" Lassiter asked.
Turning to face her opponent, Harriett smiled slightly. "Perish the thought, Mr. Lassiter." A wave of snickers and giggles swept through the gallery as Judge Landers tapped his gavel to restore quiet to his courtroom.
"Overruled," he said. "Continue."
Returning her attention to Riley, Harriett continued, "The bullet the defense originally received, Detective Riley. Was that from one of the scenes?"
"Yes, the Kaufmann scene. It was located in a telephone pole nearby."
"Was it later determined that that particular bullet was not related to the crime?"
"Yes."
"Thank you, detective. I have no further question for this witness, your Honor," Harriett said.
"Redirect, Mr. Lassiter?" Landers asked.
"No, your Honor," Lassiter responded.
At the end of the third day of testimony, Sean Lassiter rested the State's case. Harriett knew he was simply waiting for her to begin presenting evidence to support Sharon Taggart's claim of mental defect. It seemed to Harriett that he had actually presented a rather mediocre case based on the evidence he had at hand. She had managed to raise some points of doubt with each witness, even though it still might not have done enough damage to win.
"IS MS. MARKHAM in?" Jess smiled as she stood at Phyllis's desk.
"They got in from court about half an hour ago, Ms. Raines," Phyllis smiled back. "They're in the kitchen."
"Rough day?" Jess asked as she walked into the small kitchen area of Harriett's offices. Harriett had already changed from the suit she wore to court, her bare feet propped up on a kitchen chair. Nick had shed his jacket and tie and was concentrating on a diet soda.
"The rough days haven't gotten here yet," Harriett answered as she stood and joined Jess, kissing her lightly. "Just the preliminary wrangling. Drink?"
"I'll get it," Jess said crossing toward the refrigerator. "How did things go in court today?"
"Not bad. We didn't hear anything we didn't expect," Harriett said as Jess pulled out a chair and straddled it, resting her arms on its back. Harriett ran her hand down Jess's back and smiled. "And how was your day?"
"Not bad. The lab lifted a couple of partial prints from the car that followed Lacey last night, but the vehicle was stolen. They're running them through the system."
"What about my truck?" Harriett inquired.
"They found a few smudged fingerprints on both the driver's side window and door panel. It will take a while for the DNA test results to come in on the semen on the back quarter panel," Jess said matter-of-factly. "Hopefully, we'll get something from the prints."
Harriett shivered slightly. "That's disgusting. When could anyone have possibly done that? Surely I would have noticed something like that."
Jess took a long drink of her soda and cleared her throat. "I stopped by Lacey's school earlier this morning and talked to her and Devon about it. It seemed harmless enough at the time, but apparently they enjoyed some private time together before they picked up dinner last night. Neither of them saw anything, but I'm sure someone might have followed them."
Harriett sat up quickly. "What are you saying, Jess? That some pervert watched them?"
"I don't know anything for a fact, Harriett. It's all purely speculation until we catch him. But, yes, I think someone approached the truck, observed whatever they were doing and became aroused."
"They could have both been killed," Harriett seethed. "And for what? Teenage petting!"
"They couldn't have known this could happen, Harriett," Nick said. "They're too young to think about things like that."
"That doesn't excuse anything, Nick," Harriett said angrily. "This is inexcusable."
Harriett stalked off to her office and slammed the door.
"She's scared," Nick observed.
"She should be," Jess said.
AFTER DINNER, HARRIETT spoke to Lacey alone in Jess's spare bedroom. She rejoined Jess as she was rinsing dishes and putting them in the dishwasher.
"It's hard to stay mad at her very long," Harriett sighed. "She had already told me that Devon was getting more serious lately. But I don't think I'll have to worry about that anymore for a while. At least not until they catch whoever was responsible."
"If we're lucky we can match the DNA. The fingerprints are a long shot, and if the system can't match the fragment we found, we might not be able to catch him. So far, whoever did it hasn't done anything too serious. Perverted maybe, but mostly minor offenses. It could have been a park prowler."
"I know. Can I borrow your office for a little while? I need to look over my notes for court tomorrow."
"Of course, you can. I'll clear a space so you can work."
By ten o'clock, Harriett turned off the office light and wandered into the front of the house. Hearing voices and laughter, she made her way into the family room as Jess was racking up balls on the pool table. "Who's winning?" she smiled.
"It's a tie so far," Lacey replied. "Do you want to play?"
"No, I think I'll let you two play for the championship."
"You can be the cheerleader," Lacey laughed. "Like when you were in high school."
"You were a cheerleader?" Jess asked.
"And a damn good one," Harriett answered as a slight blush crept up her face.
"I'll bet you were real cute," Jess chuckled.
"Hmm," Harriett said as she sat in a swivel rocker, pulling her feet up under her. She felt relaxed as she watched Jess and Lacey concentrate on their game. Both were competitive women, and she knew that Jess wouldn't throw the game to make Lacey feel good. Harriett had never let Lacey win, either. She might never win, but the challenge to improve was more important than winning. She was glad that Jess and Lacey seemed to get along well. She knew she was falling in love, and for the first time saw what a family life of her own might be like. It was something she had never had, or could have had, with Alex. On a lucky shot, Lacey managed to take the final game from Jess who demanded a rematch the following evening. Kissing Harriett good night, Lacey left them alone in favor of a shower and sleep.
"She's a great kid," Jess smiled as she put the pool cues in the rack and switched off the light over the table.
"I've been very fortunate," Harriett nodded. "Sometimes, I think she's more grown up than I am."
Jess took a bottle of brandy from behind the bar in the family room and poured two small snifters. "This will help you relax," she said, handing one to Harriett.
Harriett sipped the brandy slowly. It felt good going down. Taking a deep breath, she said, "Thank you, Jess. For everything."
"You don't have to keep thanking me, Harriett," Jess smiled. "I'm glad to do whatever I can to help. Besides, my job does sort of dictate that I do something."
Harriett rose from the rocker and carried her snifter back to the bar. "Just doing your job, huh?" she said.
Jess tilted her head and leaned toward Harriett. "This isn't in my job description," she said quietly as her lips met Harriett's. Setting her snifter on the bar, she wrapped her arm around Harriett's waist and pulled her closer, kissing her deeply, her tongue tasting the brandy that lingered in Harriett's mouth. She ran her hands up Harriett's back and buried them in her hair, kissing her repeatedly and passionately. As Jess caressed her body and nibbled along her neck, Harriett took a deep breath.
"If you don't take me to bed soon, Jess, I'll be too exhausted to represent my client in the morning."
"Either way, you'll be tired." Jess grinned as she flipped the light switch off.
"But it will be a satisfied tired," she said, tracing Jess's lips lightly with her tongue, eliciting a gro
an of anticipation.
Chapter Thirty-Eight
"ARE YOU READY to call your first witness, Ms. Markham?" Judge Landers asked the following morning as soon as the jury was reseated and settled.
"Yes, your Honor," Harriett replied as she stood at the defense table. "The defense calls Dr. Raymond Talbot to the stand."
As soon as Dr. Talbot was sworn in and seated, Harriett addressed him.
"Dr. Talbot, where did you receive your psychiatric training?"
"I received my medical training at Columbia University. After I elected psychiatry as a specialization, I did my residency at Johns Hopkins Medical Center in Baltimore, Maryland."
"Did your training acquaint you with a variety of mental problems?"
"Yes. After my residency, I became a staff psychiatrist at Presbyterian Hospital in Dallas."
"How long have you been at Presbyterian Hospital, Doctor?"
"A little over twenty years."
"Approximately how many times have you testified in court concerning the mental status of defendants?"
"Maybe fifteen or twenty times counting testimony for both the State and the defense."
"Then the State has also asked you to perform independent psychiatric evaluations?"
"Several times."
"Do you receive a fee for your services?"
"I receive a standard consultation fee."
"Is the fee the same when you testify for both the defense and the State?"
"Yes."
"Your Honor, I request that Dr. Talbot be recognized as an expert witness in the field of psychiatry for purposes of this trial."
"No objection," Lassiter said.
"The court recognizes Dr. Talbot as an expert in psychiatry. Continue Ms. Markham," Judge Landers instructed.
"Dr. Talbot, are you acquainted with the defendant, Sharon Collins Taggart?"
"Yes, I am."
"Under what circumstances did you meet Mrs. Taggart?"
"I was contacted by your office to conduct a preliminary psychiatric evaluation of her mental status."
"When did you conduct your initial evaluation?"
"While Mrs. Taggart was being detained in the Dallas County Jail approximately two and a half months ago, in February."
"Can you, in layman's terms if possible, tell the court the result of your evaluation?"
Readjusting himself in the witness chair, Talbot shifted his weight to allow him to look easily at the jury.
"Sharon Taggart is a thirty-year-old female who presented a variety of symptoms."
"What symptoms did Mrs. Taggart present, Doctor?"
"She appeared to suffer from a relatively mild form of depression, characterized by self-deprecation and low self-esteem. In addition, she had periodic memory losses that coincided with significant events in her life. She was reserved when I first met with her, almost shy. Using common psychiatric questions, I attempted to trace the root cause of her symptoms."
"Were you able to do that?"
"Mrs. Taggart's symptomatology became extremely complex during my meetings with her. At our second meeting, I began to suspect that she might be suffering from dissociative identity disorder."
"Would you briefly explain what you mean by dissociative identity disorder, Dr. Talbot?"
"At one time, it was better known as multiple personality syndrome," Talbot said to the jury. "The name of the illness was changed to dissociative identity disorder in 1994 by the American Psychiatric Association."
"Were you ever able to prove or disprove your suspicions about Mrs. Taggart?"
"Through hypnosis, I was able to determine that Sharon has a second alter personality who calls herself Jan."
"Were you able to communicate with this second personality?"
"Only with great difficulty, but that is the nature of the disorder. Jan, the alter personality, is Mrs. Taggart's protector. Part of the protection she provides actually involves preventing Sharon from doing anything that might make other people believe she is what some would call crazy."
"Is Sharon Taggart crazy, doctor?"
"Objection," Lassiter said. "Ms. Markham is leading the witness."
"Rephrase, Ms. Markham," Landers said.
"What can you tell this court about Sharon Taggart's mental state, doctor?"
"Sharon Taggart is an extremely bright woman of above average intelligence. She functions normally at a responsible job, is married, and has two children. She absolutely is not a raving lunatic," Talbot said. "Nevertheless, she does suffer from a dissociative identity disorder. The word 'crazy' wouldn't apply concerning Mrs. Taggart or anyone else, however, since it has no standing in either medical or legal terms."
"What would the prognosis for her future be if she were to receive competent psychiatric help?"
"DID is one of the most treatable mental disorders if the treatment is long-term, and the patient follows through with the entire treatment program."
"What would cause a person to develop this particular disorder?"
"It's generally accepted that the onset of the disorder occurs due to some type of early childhood trauma. When children can't deal with whatever pain or grief or terror they are confronting, they retreat into their own mind and create another personality as a coping device."
"How early in childhood would the trauma probably occur?"
"Certainly during an early developmental period. Usually before the age of nine."
"Are we talking about something like an automobile accident, or the death of a loved one?"
"Those things could lead to the creation of a separate personality. However, far and away, the most common cause is some form of repetitive child abuse from which the child cannot physically escape. Their reaction is to escape mentally. Some of the patients I have treated refer to it as 'going away.'"
"What does that mean?"
"It means that the host personality takes a rest and allows the second, or alter personality, to experience whatever pain was intended for the host."
"Seems like this second personality would become a little hostile toward the host for going away."
"Sometimes. But if the alter personality's primary function is to protect the host, as in Sharon's case, there wouldn't be much anger directed at the host. The alter is simply doing its job."
"If the alter personality were to become angry, whom would he or she direct the anger at?"
"Anyone who threatens the host in all likelihood."
"Is Sharon Taggart's second personality a protector?"
"Yes, and she's become quite bitter, especially recently."
"What, if anything, in Mrs. Taggart's past could have led to the development of a second personality?"
"From my interviews with her, it is my opinion that Sharon Taggart was severely abused as a child during her formative years."
"What form of abuse was she subjected to, Dr. Talbot?"
"In all the years I have been practicing psychiatry, I can't remember another patient who was subjected to the varieties of abuse that Sharon Taggart was, Ms. Markham. Sharon was sexually abused by a member of her own family as well as by an array of strangers. In addition, she was verbally, and I suspect, emotionally abused by her mother."
"Is it your testimony that Sharon Taggart was the victim of incest?'
"Yes. At the hands of her brother."
Murmurs swept through the court spectators, as Harriett read looks of shock and disgust on the faces of the jurors.
"But Sharon Taggart loves her brother, doesn't she?" Harriett continued.
"Sharon herself doesn't have a recollection of what happened to her. On the other hand, Jan, the alter personality, is quite graphic in describing what happened."
"Can you explain why Sharon isn't angry at her brother?"
"Sharon was taught by her mother from a very young age that it was wrong to hurt another member of her family. It's a deeply ingrained part of her personality. Deeply ingrained enough that even the alter personality balks at hurting a memb
er of Sharon's family and turns her anger and aggression against others outside the family as a substitute."
"Too bad Sharon's mother didn't make as big an impression on her son," Harriett said as she looked toward the jury box.
"Objection," Lassiter said. "Editorializing."
"Withdrawn. Doctor, what would happen that could cause Sharon's alter personality to react violently?"
"Extreme stress that Sharon couldn't handle would almost certainly do it. In particular, anything that reminded her vividly of prior abusive situations."
"In your opinion, Doctor, is Sharon Taggart insane?"
"Insanity is a medical term, Ms. Markham. Medically speaking, yes, Sharon Taggart has a serious, but curable, mental defect."
"Are you aware of the legal definition of insanity, Dr. Talbot?"
"Yes. In this state, the only determination is whether a person knows the difference between right and wrong and is able to comprehend the consequences of their actions."
"Does Sharon Taggart know the difference between right and wrong?"
"I believe she does."
"And does Jan, her alter personality, know the difference between right and wrong?"
"Yes."
"Does that mean that Sharon is guilty?"
"It's more complex than that. As a person with dissociative identity disorder, Sharon is not in contact with her alter personality and has no cognitive control over what she does. In essence, Sharon Taggart was not present when a crime was committed. For her part, Jan adamantly believes that she hasn't done anything wrong."
"Jan doesn't believe shooting people is wrong?"
"She didn't shoot anyone. She shot in the general direction, and if the drivers overreacted to that, she feels absolutely no responsibility for the consequences of their actions. In the final analysis, Sharon Taggart bears no responsibility whatsoever because she mentally wasn't there."
"Thank you, Dr. Talbot. No further questions at this time, your Honor. However, I reserve the right to recall this witness for clarification purposes at a later date."
"Mr. Lassiter, do you have questions for this witness?"
"Yes, thank you, your Honor," Lassiter answered as he looked at the legal pad in front of him.