The Chemist's Shop

by Richard Brumer

  “Possibly, but I stand by my original decision. If I were convinced that his heart was an issue, I would have called in a pathologist and requested an autopsy.”

  “But you didn’t do that.”

  “No. I had no medical history of Mr. Sanders, other than his labs. My decision, based on his drug history alone, without a diagnosis would be limited.”

  “If you had read Sanders’s complete medical records, is it possible you would come to a different finding, after you read the victim’s complete diagnosis, which indicated severe heart disease?”

  “Anything is possible, but I don’t think so.”

  “But it is possible?”

  “I suppose it is.”

  “Thank you, Dr. Warther.”

  Mr. Weisman offered a rebuttal.

  “Dr. Warther, you are a licensed physician, coroner, and an accredited pathologist. Are those the general requirements to act as a medical examiner in the state of New York?”

  “Yes.”

  Weisman paused and thought for a moment. It appeared that he wanted to pose a question for Warther, but wasn’t sure if he should. He took a chance and asked anyway.

  “Dr. Warther, how would the effect of stress on Harry Sanders, as a result of being shackled to a pipe, be determined as a contributing factor in his death? In other words, could the defendant have caused the death of Sanders by subjecting him to undue stress?”

  “There would be no way of knowing how stress contributed to his demise and it would not be verifiable by observation or any testing that I know of.”

  Weisman clenched his lips. “I see. How convinced are you that the deceased’s death was caused only by inhalation of large quantities of carbon monoxide to the exclusion of any other cause?”

  “Almost one hundred percent.”

  “Thank you, Dr. Warther.”

  ***

  At lunch, Brenda and Jeff talked about the case after Michael returned to his holding cell for his meal.

  “Can you believe what Warther said?” Brenda asked. ‘Almost one hundred percent.’ I liked the ‘almost’ part. It was hard to squeeze anything else out of him. He was a tough cookie, but I think we were able to cast some doubt on his testimony.”

  “Why didn’t Weisman object more often when you were questioning Warther?” Jeff asked. “I noticed you rephrasing your questions many times to ask the same thing.”

  “Yeah, I wondered about it too. I just wanted Warther to say that Sanders death could have been caused by something other than carbon monoxide. Warther didn’t knuckle under. I think Weisman let me go on asking the same question in different ways because he thought the jury would see through my plan on their own and objecting was unnecessary. Weisman is a smart guy.”

  “I have to hand it to you,” Jeff said. “You were a rock. Your persistence paid off. Warther was in real trouble.”

  “Yeah, but he stuck to his guns. Never give up. As I said, always try to plant one seed of reasonable doubt in the minds of the jury with every witness for the prosecution. Remember, if we can show that Sanders died in a way other than the way stated in the original charge, we win.”

  “You did a great job. What do we know about Stanley Morgan, the prosecutor’s replacement for Dr. Fisher?” Jeff asked.

  “Not much. I inquired about him after Dr. Fisher died. So far, I have not received a response to my correspondence. He only has time for a few sessions with Michael.”

  “I get the feeling,” Jeff said, “that the judge feels that it’s a free ride for the prosecution and neither Judge Jordan nor Weisman want to do anything to slow things down.”

  “Maybe. You never know. Morgan is no youngster. He is seventy years old and has been practicing medicine for over thirty years.”

  “I think we have a good case. It’s been a real learning experience for me.”

  “It’s nice to be optimistic about winning, Jeff. I think it helps, but the reality is, you never know.” She sighed. “Let’s get back in there.”

  ***

  Dr. Stanley Morgan was sworn in and David Weisman began his direct examination.

  “Dr. Morgan, would you tell the court something about your educational background and training?”

  “Yes, of course. I graduated from Johns Hopkins University and did my residency there as well. Afterward, I did a three-year stint in the army as a medical officer and was honorably discharged. I am a board certified licensed psychiatrist in the states of New York and Maryland and was in private practice for more than thirty years before I retired five years ago.”

  Mr. Weisman turned toward Ms. Coleman, who rose and said, “We concede to this witness’s credentials, Your Honor. The defense accepts him as an expert in the field.”

  “Johns Hopkins, I’m impressed. Have you been published?” Weisman asked.

  Brenda almost objected to his personal comment about being “impressed,” but let it go.

  “Yes, I have written a paper on hyperkinetic disorder, which was published last year in several medical journals.”

  “Dr. Morgan, what is hyperkinetic disorder?”

  “It’s a disorder displayed in children, marked by excessive muscular movement, hyperactivity, and an inability to concentrate. My paper was based on original research and addresses the reasons some students do not do well in school.”

  “And have you appeared as an expert witness in court cases before?”

  “I have.”

  “In your opinion, is Michael Ross competent to stand trial?”

  “Yes, he is. There is no evidence of mental illness or any reason that I can determine why he would be incapable of standing trial. He is sane and he knows right from wrong.”

  “Did I hear you correctly when you said that the defendant does know right from wrong? Is that your expert opinion?”

  “It is.”

  “He is not insane?”

  “No, sir.”

  “In any way?”

  “No.”

  “Dr. Morgan, the defendant, who in your expert opinion, knows right from wrong, has admitted to killing Harry Sanders. Let me ask you something else. In your professional opinion, was Michael Ross capable of acting in a way consistent with an irresistible impulse to commit murder?”

  “It’s not easy to tell if someone acted uncontrollably and whether or not he could appreciate the consequences of his actions. But in this case, in my professional opinion, Michael Ross was a thinking person, and it would be out of character for him not to contemplate the outcome before he acted.”

  “So, are you saying that Michael Ross’s basic nature would not allow him to act in an uncontrollable fashion because it would be out of character for him?”

  “Yes, absolutely.”

  “And would you also say that he is incapable of an irresistible impulse to take another person’s life?”

  “Yes. Mr. Ross is a well-educated, thoughtful man, and if he chose to wreak his vengeance on someone, he would have planned it in advance.”

  Jeff Hartman whispered to Brenda, “Why aren’t you objecting? Weisman is leading, putting words in his mouth.”

  “Relax, Jeff. I’ll do my best on the cross where I’m allowed to lead the witness. Let him say what he wants, within reason.”

  Weisman continued. “In effect, Dr. Morgan, if the defendant intended to kill Harry Sanders, it would have to be well-planned, and that would be an act of premeditation. Would it not?”

  “Objection, Your Honor,” Ms. Coleman interjected. “The prosecution is leading the witness. Premeditation is a legal term. This expert witness is not qualified to make legal judgments.”

  “Objection sustained. Counsel is admonished to refrain from leading the witness. Rephrase your question.”

  “That’s all right, Your Honor. No further questions at this time.”

  Ms. Coleman approached the witness stand.

  “Dr. Morgan, you said you participated in other criminal cases as an expert witness. Would you tell the jury the number of criminal c
ases you have appeared in during the past five years?”

  “About forty,” Morgan replied.

  “Forty criminal cases? That’s quite a bit, and before that time? I mean, before you retired, in how many cases have you provided expert testimony?”

  Morgan leaned forward. “None.”

  “None, you say? Would you explain why all this expert testimony has been given only after your retirement and not earlier?”

  “I had a full-time private practice before I retired five years ago and now have the time to testify in court cases. I was called for this case on very short notice.”

  “I see. Are you well paid for your court appearances?”

  “It’s satisfactory.”

  “Would you say you received more money testifying than you did in private practice?”

  “Usually, yes.”

  “So, when you first retired from private practice, you no longer had income from your practice.”

  “Yes, that’s true.”

  “And was that the reason you started testifying as an expert witness in court cases?”

  “It was one reason. I wanted to stay active to some degree in my profession. I didn’t find anything wrong with that. It’s not illegal.”

  “No, it’s not. You said, ‘it was one reason.’ What were some of the other reasons?”

  “I thought I could be of help to the justice system.”

  “Would that include the criminal justice system?”

  “Yes, of course.”

  “Have you ever testified as an expert witness in a murder trial such as this one?”

  “Never, but my training in psychiatry would...”

  “Please, doctor, just answer the question. So, you have never appeared as an expert witness in any murder case?”

  “Never.”

  “This is your first one?”

  “Yes.”

  “I understand. Please let the court know the nature of your practice.”

  “My practice mostly involved children.”

  “Children? I see. I’m sure you were able to help many of them. And you never appeared in a murder case?”

  Weisman jumped in. “Objection, Your Honor. The witness has already answered that question.”

  “Objection sustained. The witness does not have to answer.”

  “Your practice was basically focused on treating psychiatric issues relating to children?”

  “Yes,” Morgan answered, squirming in his chair.

  “And now your practice is limited to being an expert witness in court trials, and in this case, a murder trial?”

  Dr. Morgan looked at the judge.

  “Answer the question, doctor.”

  “Yes, that is what I do. Many other doctors do the same.”

  “I’m sure they do, but would you say that testifying is a new type of practice for you?”

  “You can call it that. It’s not illegal,” he repeated. Morgan frowned, clenched his lips, and glanced at the jury.

  “No, it’s not illegal. Some professionals find it quite a rewarding experience. When you were asked to act as an expert witness in cases for the prosecution or the defense, were you asked to take a particular side on a specific diagnosis or question?”

  “Based on my training and credentials in psychiatry, I was asked to give testimony to support a particular point of view.”

  “When you say, ‘a particular point of view,’ does that mean there could be different expert opinions about the same matter?”

  “Yes, of course.”

  “Help me to understand, doctor. If ten psychiatrists were asked to make a judgment about a patient’s mental health, would they generally be in agreement?”

  “Generally, yes, of course.”

  “But it’s possible that some would not agree?”

  “Yes, it’s possible.”

  “So, you’re saying, Dr. Morgan, that these ten psychiatrists might not be in agreement with respect to a particular diagnosis or issue involving mental health?”

  “Yes.”

  “Psychiatry itself is not an exact science, is it doctor?”

  “It’s not an exact science. You can’t assess the human mind with one hundred percent reliability.”

  “Thank you. Let’s get back to your medical practice before you were involved in being an expert witness in so many court cases. What specific areas of child psychiatric services did you provide? Give the court an example.”

  “I prescribed medication and provided talk therapy. I also treated many cases of child abuse, anxiety, depression, and eating disorders.”

  “I see, eating disorders. Give the court an example of a specific mental disorder you treated.”

  “The ones I mentioned are mental issues. I also treated hyperkinesia. Some students did poorly in school because they were energized and stimulated to the degree where they were not able to concentrate. Medically, most of them often suffered from muscle spasms. I treated them and most of my patients found that their concentration improved considerably.”

  “How did you treat them, doctor? With medication? Psychoanalysis?”

  “I did do some talk therapy with most of them, but medication provided the best results, if the patients were compliant.”

  “Would you tell the court what medication you prescribed?”

  “Mostly, Dexedrine.”

  “Excuse me, doctor, but I know about this drug. Isn’t it used for weight loss?”

  “It is.”

  “How does Dexedrine work to do that?”

  “The drug decreases the firing rate in the heart, which reduces the blood flow to the abdomen. It’s basically a stimulant. As a result, it slows peristalsis so food stays in the stomach longer and people don’t get hungry so quickly, so it helps them lose weight. In my practice, I used it to control hyperactivity.”

  “Help me out here. I’m not a medical person, but you said that Dexedrine is a stimulant. Is that correct?”

  “Yes, it is.”

  “So, you prescribed a stimulant to a child who was already energized and already stimulated. That doesn’t make sense to me, but as I said, I’m not a medical person. Let’s get onto something else.”

  Brenda paced, put on her glasses, and began to read from her notebook.

  “You said in your direct testimony, and I quote, ‘It’s not easy to tell if someone acted uncontrollably and if he could appreciate the consequences of his actions.’ Did you make that statement, doctor, and would you explain to the court what you meant by it?”

  “Yes, I did say that. The fact that it is not easy to determine if someone acted uncontrollably doesn’t mean it’s impossible for a trained psychiatrist to come to a conclusion about whether he did or did not act uncontrollably.”

  “Would you say your training was basically in non-criminal matters?”

  “For the most part, yes.”

  “Educate me, Dr. Morgan. As an expert witness, you testified that Michael Ross was not capable of irresistible impulse. Do you say that now?”

  “I do. Based on the kind of person Michael Ross is, it would not be possible for him to react impulsively in such a way that he was so out of control, he had to kill Mr. Sanders without thinking. I just don’t believe that.”

  “Oh, so you don’t believe that?”

  “No, I do not!”

  “Dr. Morgan, you’re here today to offer your opinion as an expert witness to determine the mental state of Professor Ross. Since all your patients are children, would it be proper for you to make a reasonable diagnosis of an adult to determine his mental state?”

  “I’m still a psychiatrist, Ms. Coleman.”

  “Yes, you are. When was the last time you personally met with Michael Ross professionally?”

  “I’ve never met him.”

  Murmurs erupted throughout the courtroom. Judge Jordan pounded his gavel to restore order.

  “You’ve never met him?” Brenda glanced at the jury, then back to the witness.

  “Dr. Morgan
, may I remind you this is a murder case. A man’s life is at stake here. If you never even met him, how were you able to arrive at your conclusions?”

  “I read his file.”

  “You read his file?” Brenda took a deep breath, threw up her arms, and paced silently.

  “How many minutes did it take for you to read his file?” Brenda asked sarcastically.

  Dr. Morgan looked at the judge and then turned away.

  “Answer the counselor’s question, doctor.”

  “How many minutes?” Brenda asked

  “I read the file.”

  “No more questions.”

  Mr. Weisman approached the witness box.

  “Dr. Morgan, is it customary for many physicians to make judgments based on a patient’s file?”

  “Absolutely. It’s done all the time.”

  “And this applies to psychiatrists as well?”

  “It does.”

  “When you said you read the file, what file are you referring to?”

  “The file that Dr. Fisher completed before he died. He spent two thirty-minute sessions with Mr. Ross and documented his findings on two typewritten pages.”

  “And he was a board certified psychiatrist as well?”

  “He was.”

  “Thank you, Dr. Morgan.”

  “Your Honor, the prosecution rests.”

  “Thank you, Mr. Weisman.” Judge Jordan struck his gavel. “This case will continue tomorrow morning at 10 a.m.”

  Brenda turned to Michael, gathered her papers, and whispered in his ear, “I think we did well. Let’s see what happens tomorrow. Be optimistic, it’s always a good thing.”

  Chapter 23

  Albert sat on the edge of the bed and heard the brash, metallic sound of the jail cell open. His face lit up and he smiled when Michael walked in.

  “What’s happening, man?” Albert asked. “You doin’ all right?”

  “I’m not sure. My lawyer tells me we did well, but I know Brenda. She just wants me to feel optimistic for some reason. She keeps pushing that idea.”

  “That means she’s gonna put you on the stand, Michael.”

  “How do you know that? Is it a good thing?”