"I have. It's really not one of the more difficult things that I've done in my career. Matter of fact, I can't really take credit for making any discovery on the question. If you have the right kind of microscope these days, it doesn't even take a scientist, just good eyes and a little common sense."
Johnny Bob looked at the jury. At no time during the trial had he found them paying more attention. He wanted to seize the moment. "Please, Doctor, tell us your scientific opinion as to when life for us humans begins and explain how you arrived at that opinion."
"To make it very simple, ladies and gentlemen, life begins at conception. It may be a mouse life, a dog life, a chimpanzee life, or a human life. Whatever the life form, a new life begins when the sperm fertilizes an egg. In the natural process, the egg and the sperm meet in the mother's fallopian tube. It's a little tube of flesh. Once we began to be able to reproduce the process outside the womb, to create test tube babies, the difference was that the sperm and egg met in a glass tube instead of a tube of flesh.
"More importantly, we could then study the development under the microscope. We scientists call the fertilized egg, that very first new life cell, a zygote. The zygote splits into two cells, and that is the first time that we call it an embryo. Over the next several weeks of life, we use various names and then the new human being attains the status of a fetus. I should hasten to add that those various names are really just names science has given to the various early stages of human development."
"Now, wait just a minute, Doctor," Johnny Bob interrupted. "Are you saying that first little old cell is a human being?"
"Exactly, Mr. Tisdale. Let me explain further." The old professor turned to the jury as if he were lecturing a group of biology students. "I should probably explain that scientists have debated the beginning of life for hundreds, if not thousands, of years. Before the advances of modern science, while we might have suspected that human life began earlier, we were pretty much stuck with the proposition that from a scientific standpoint, life began at quickening. That term has been used to mean different things to different people over the years, For my purposes today, consider it the time when the mother first feels the movement of the baby, somewhere between sixteen and twenty-two weeks. For thousands of years, we could safely say that there was a human being inside the womb if the mother could feel it kicking."
"Hold on there, Doctor," Johnny Bob interrupted again. "That woman had to know that she was pregnant before sixteen weeks. If I may be so blunt, she had to have missed three or four periods by then. It sure didn't take a scientist to figure out that she was expecting a baby."
Dr. Kriegel smiled and continued, "Why, of course, Mr. Tisdale, you're exactly correct. However, even early scientists required some scientific proof that there was a human life form in there and not just a blob of tissue. It was for that reason that they chose to wait until quickening to say that there was a human being inside the womb. In just my lifetime, science has now advanced to eliminate any doubt that there is a human life long before the mother feels it kick and, in fact, from the moment of conception. First, came the use of ultrasound. Then, in the early eighties a highly advanced microscope that produces fiber-optic images of the fetus inside the womb was developed. Next, came the study of DNA. That, by the way, is where I come in. The more we learned about DNA, the more we confirmed what I am telling you."
Dr. Kriegel paused for a sip of water and continued, "If we combine a human sperm with a human egg, we know that a human cell and not a monkey cell is formed. In the DNA from the sperm there are twenty-three parts of the program we call chromosomes. Likewise, in the ovum there are also twenty-three chromosomes. When they meet, all the information necessary to create the new human being is contained in that one cell formed by the uniting of the sperm and the egg. That one cell, that zygote, contains all of the information for a new life, different from any other life that has ever existed before and different from any that will ever occur again. As I said, the zygote soon splits into two cells, then four, then eight and so forth. But, that very first cell knew more than the second, and the next two knew more than the next four. The zygote contains all of the information needed to create life. All of this information contained in the DNA molecules from the sperm and the egg are gathered in the new cell that now contains all of the future characteristics of the new human being."
Johnny Bob paused and looked at the jurors to see if all this was sinking in. He saw some understanding from a few and puzzled looks from others. "Doctor, can you give us a little explanation of this DNA stuff. Most of us have read about or seen it talked about on TV. It's not real clear to a lot of us what you scientists are talking about."
"Mr. Tisdale, think of it as similar to a bar code that you see these days on all of the items that you buy at the grocery store. The DNA is the individual's bar code. With our modern science we can look at DNA, whether it's from that very first cell or from some other cell, from, say, an adult, and identify it as coming from one specific individual. Now, don't get confused because the sperm and the egg each have twenty-three chromosomes. The sperm and the egg contain the only cells with that number of chromosomes. All of the other human cells contain forty-six chromosomes. So, when the sperm and the egg meet, fertilization occurs and a new life is formed.
"With that very first cell, there's a new bar code that never existed before, containing forty-six chromosomes, twenty-three from the father and twenty-three from the mother. The DNA in the zygote will be exactly the same DNA as that human being will have as an adult. Not one chromosome different. From the DNA in that tiny cell comes the information that will determine whether the baby is a boy or a girl, has blond hair or brown, has a big nose or small, blue eyes or green, is tall or short. Some things are obviously affected by the environment in which the baby and, later, the child is raised. But the information for the new human being is all there in that cell. It is for that reason that I can say with absolutely no reservation that life begins at conception."
Johnny Bob paused for effect. "Dr. Kriegel, just how certain are you of the opinions that you have just offered?"
"Let me stress that these are hardly opinions. They are scientific fact. As to how certain, Mr. Tisdale, just as I am certain that I came from my mother's womb, am I certain that at the moment of conception, a man or woman is a human being."
Johnny Bob looked at Claudia who nodded her head, confirming that he had accomplished what he had planned with this witness. "Pass the witness, Your Honor."
Tod didn't even wait for the judge to acknowledge it was his turn. As Tod rose from his chair, Wayne reached into his briefcase and took out a small white bowl and placed it on the front of their counsel table. Johnny Bob, Claudia and several jurors noticed what Wayne was doing, but could only wonder what Tod would do next. Having studied Dr. Kriegel, Tod anticipated the strength of his testimony. He had to do something to grab the attention of the jury. As he moved around the counsel table and stood between it and the witness, he removed an object from his coat pocket. It was soon apparent to the judge, the jury, the attorneys and everyone watching on television that he had an egg in his hand. Without saying a word, he held the egg between his thumb and forefinger, then closed his palm around it and squeezed. As the egg shattered and dripped from his hand into the bowl, he asked, "Tell me, Dr. Kriegel, have I just crushed an egg? Or, have I killed a chicken?"
The witness was clearly caught off guard. As Dr. Kriegel pondered the question, Tod took a small towel from Wayne, wiped his hand and prodded the witness. "Come on, Doctor. That shouldn't be a difficult question for a man of your learning and expertise. Let's start off with the basics. If I tell you that the egg came from a chicken, would you agree that it's a chicken egg and not from a duck or an alligator?"
Dr. Kriegel furrowed his brow so that his bushy white eyebrows almost touched before agreeing. "I accept your word on that, Mr. Duncan. That being the case, then I would agree that it is a chicken egg."
The jurors looked
back at Tod, who had their complete attention, and waited for his next question. Every seasoned trial lawyer has seen it occur. The jurors get so wrapped up in the repartee' between a lawyer and a witness that they appear to be watching a tennis match. Their heads turned to the lawyer for the question and, as soon as the question was out of his mouth, all heads turned to the witness for the answer. Then back to the lawyer again. Tod realized with his grandstand play, he was in one of those moments and wanted to capitalize on it. "Now, Doctor, that chicken egg has all that is necessary to grow into a full sized hen or rooster. All it needs is a few weeks of warmth in the hen's nest to hatch and then a little time to grow."
Dr. Kriegel recovered, almost as if a light bulb had gone on above his head, to say, "Whether it is going be a hen or a rooster, or merely an egg, Mr. Duncan, will depend on whether it is a fertilized or unfertilized egg."
Nods from Bert Marino and Amy Bourland, both on the front row of the jury box, indicated that they thought he had come up with a good answer.
"Well, let's assume that it's fertilized, Dr. Kriegel. Did I just kill a chicken?"
Looking slightly chagrined, he could not take a contrary position and maintain his credibility. Dr. Kriegel replied, "In my opinion as a scientist, Mr. Duncan, I would have to say that you just killed a chicken."
That answer brought a frown to the face of Glenn Ford, the Rice economics professor, who seemingly found such an opinion difficult to accept.
Tod had the expert just where he wanted him. "Then, Doctor, in your opinion, even though this egg has no wings, no feathers, no feet, no beak, not even lungs or a beating heart, I just killed a chicken."
Dr. Kriegel shifted uneasily in his seat. He folded, almost clinched, his hands on the stand before him, and said with a voice that had lost some of its composure, "Yes. Yes, sir. That is my position."
Tod returned to his seat and moved on. Johnny Bob and Claudia had no idea where Tod would go next. "Dr. Kriegel, you know something about in vitro fertilization, don't you?"
"Yes, sir. Some of my former colleagues have done research in that area, and I lent them a hand from time to time."
"Without going into too much detail, would I be generally correct, Doctor, to say that a woman's eggs are retrieved from her ovaries and then fertilization with sperm is attempted outside the womb. If successful, you have created an embryo in the test tube that is then placed in the woman's uterus. If the embryo attaches itself to the lining of the uterus, then the woman can become pregnant."
Dr. Kriegel was eager to jump back into the scientific arena. His voice rose to its former level. "Well, it's a little more complicated than that. For these purposes, that's a reasonable explanation."
Tod was ready to lay his next trap not just for this witness but also for one he expected to see later. "Doctor, let's say that the woman's obstetrician harvested six eggs and they all were fertilized successfully. The couple got lucky and became pregnant with the very first attempt. What happens to those other embryos?"
"Something remarkable can happen, Mr. Duncan. We have known for many years that we can freeze sperm or embryos from animals and carefully thaw them, often successfully achieving pregnancy. With a similar process, we can now do the same with a human embryo. We use nitrogen and take the embryo down to minus one hundred and ninety degrees centigrade. It is not exactly freezing the embryo, although it's often called that. We are essentially stopping the movements of the atoms and molecules in the embryo. We have pretty much stopped time, as far as the embryo is concerned. Later, maybe even a year or two later, if the parents wish to have another baby, we can carefully thaw the embryo and it will begin to flourish and divide once more. We can then use that very embryo to help the couple have another child."
Dr. Kriegel looked quite satisfied as he finished his answer and smiled at the jury.
Tod asked his next question. "All right, Doctor, if, as you say, that embryo is a human being, and can be frozen and thawed out without any damage, then I suppose that would hold true for all human beings. That means we could take my associate, Wayne, here, bring a big old nitrogen can into the courtroom, put him in it, and take him down to a hundred and ninety degrees centigrade. I could just leave him there and wake him up in a few months or a few years, whenever I needed his help in another trial. Save me having to pay his salary in between trials, and I wouldn't even have to buy him lunch."
Most of the jurors looked at Wayne, trying to imagine him inside a big can for years and then popping out, ready to go to work. Johnny Bob didn't like where all of this was going and rose, hoping to break Tod's rhythm with an objection, "Your Honor, I object. As near as I can tell, Tod just made a cute little speech, but didn't ask a question."
Judge O'Reilly ruled. "Mr. Tisdale, there may have been a question in there somewhere. I'm not sure. Mr. Duncan, please try to save your speeches for closing argument and just ask questions. Sustained."
"Dr. Kriegel," Tod continued, "I think you understand my point, but let's leave Wayne out of it. Since you have said that a two or four cell embryo is a human being and can be frozen, then I assume you have scientific evidence that we can now freeze adult humans and just wake them up whenever we want to, something like what happened to Reverend Luther here. Just take them to a lab, freeze them down and wake them up in twelve years?"
Dr. Kriegel glanced at Johnny Bob, hoping for some help, but Johnny Bob was studying the jury. "Mr. Duncan, while some science fiction writers have proposed what you suggest, at this time, science is not capable of freezing an adult human being and bringing him or her back to life at a later date."
"How about a child? Can you guys freeze a child without killing him?"
"That's never been attempted to my knowledge, Mr. Duncan."
"Maybe a newborn baby, Doctor?"
"No, sir."
"Well, then, how about a fetus, maybe a premature baby, born at twelve weeks, the same age of the fetus when Ms. Brady has her abortion? Why don't we just have a nitrogen can standing by in the delivery room and pop that premature baby that cannot possibly live into the can? Maybe modern science will find a way to save that preemie's life in a few years?"
"Mr. Duncan, the only way that we have successfully used this process is with embryos."
Knowing that he had the attention of the jurors and everyone in the courtroom, Tod asked the question that the whole exchange had been leading toward, "Then, Dr. Kriegel, won't you concede that there must be some difference between those frozen embryos and a human being?"
"Mr. Duncan, I'll concede that they are different in that we can freeze embryos without destroying them and we can't do that with a human being at a later stage in life."
Tod had the witness going where he wanted and moved in for his final question, "Maybe, then, Doctor, while that embryo is a life form and has the potential to be a human being, isn't it possible that it might be a day, or a week, or a month, or nine months away from becoming a human being?"
While Dr. Kriegel had testified on several occasions, it was apparent that he had never been confronted with such a line of questions and was not quite sure where to go with it. He searched for an answer and finally his scientific mind gave in. "I suppose, Mr. Duncan, there might be some reputable scientists who might look at data such as you have described and offer opinions that the embryo life form is not yet a human being."
Tod pretended to look through the notes on his desk to give the jury time to ponder what he had just drawn out of the noted scientist. He would never get the witness to change his own opinion that life began at conception, but for Dr. Kriegel to concede that it might be debated in the scientific community was a major blow to Johnny Bob's case. Hopefully, if some of the jurors understood that if it was not an absolute that human life began at conception, then the debate could stretch all the way to the moment of viability, if not birth. Dr. Kriegel looked at Tod as the lawyer rummaged through his notes. The witness wondered what was next. He didn't really expect to be testifying about chickens and
freezing adults when he told Claudia that he would help them prove that life began at conception. Finally, Tod concluded that he had done the best he could with a very formidable expert.
"Nothing further, Your Honor."
As the judge called for a lunch break, T. J. was holding forth in the court of public opinion. Ignoring the recommendation of his lawyer to save comments until the end of the day and knowing that most of what went on in the courtroom was out of his hands, he offered his opinions about the proceedings to Victoria Burton and a larger audience. "It's a sad day for our country when our judicial system has reached the basement where such an internationally acclaimed scientist cannot be permitted to offer absolute scientific proof without having his science challenged. It is indeed a sad commentary on those who ignore the fundamental teachings of the Bible. They want to rely on what they call science to refute God's creation yet challenge the overwhelming scientific evidence offered by Dr. Kriegel as to the beginning of life. If anything, the further modern science advances in this area, the more it supports what those of us in the religious community have known for hundreds, if not thousands of years. I'm certain that the jury saw right through the desperation tactics of Dr. Moyo's lawyer. We shall continue to carry the day in the courtroom and in the nation."
It was Claudia's turn after lunch. Johnny Bob had Sebastian Thorpe scheduled to fly in that night to take the witness stand the next morning. He and Claudia had to fill the afternoon. To do so, they called Nurses Simms and Sylvester, the two women who took Lucy's phone calls on the weekend after her abortion. While Claudia may not have had the courtroom experience of a J. Robert Tisdale, she could not have done a better job. Both nurses were nervous as they took the stand and neither withstood the frontal attack of Claudia St. John Jackson. Her manner was one of disgust at the treatment that their client had received at the hands of the clinic and these two nurses. How could they possibly ignore the cries for help coming from this innocent young lady? She had begged not once but twice for help and her pleas were ignored. Claudia was particularly critical of Nurse Simms who took the Sunday morning call. Using the clinic's own policy manual, she easily got the nurse to agree that the manual required an examination if a patient's fever hit one hundred and one degrees. Nurse Simms tried to offer an explanation that Lucy's description of her condition on that Sunday morning didn't sound that severe. Because she could only get to the clinic by bus, she had decided that it would be better for Lucy to sleep and call back if she had further complications. But, she also had to concede that the policy manual required her to at least consult with the on-call physician under such circumstances. By the time Claudia finished, it almost seemed unnecessary to call a nurse expert to challenge their decisions.
So Help Me God Page 40
