Dante's Dilemma (18 page)

“Rachel Lazarus, the defendant here?”

“Yes,” I said.

“Was this immediately after her arrest last May?”

“No.”

“Can you put a time frame on it for us?”

“I first learned of the assignment in mid-December.”

“And how did you learn about it?”

“My superior informed me that my services had been specially requested by State's Attorney O'Malley.”

“Do you know the reason?”

“I believe it was because, as we covered earlier, I have a specialty in post-traumatic stress disorder.”

It wasn't the answer Di Marco wanted. “That wasn't what I was asking. To your knowledge, were you the first expert psychiatric witness retained by the State?”

“No.”

“There was someone before you.”

“Yes.”

“Who was that?”

“Dr. Bradley Stephens.”

“Was Dr. Stephens known to you before that time?”

“Yes,” I answered.

“How was he known to you?”

“He was known to me professionally through his writing and speaking engagements—and also as a friend.” I could have off left the last bit, but in the worst-case scenario I wanted the jury to know that I bore no animosity toward Brad.

“What was your opinion of Dr. Stephens—professionally that is?”

“I held him in very high regard.”

“Why isn't Dr. Stephens here today?”

“He was killed in a hit-and-run accident shortly before I was hired.”

“Tragic,” Di Marco remarked. It was probably sincere. “So you were hired to render a psychiatric opinion about the defendant in his stead?”

“That's correct.”

“Before we go any further, why don't you state what that opinion is?”

I realized I had been sitting rather stiffly in my chair. I assumed a more relaxed posture, folded my hands in my lap, and half-turned toward the jury. The courtroom was as hushed as a mortuary while I spoke:

“It is my opinion that Ms. Lazarus's behavior on the day of the crime is reasonably viewed as a reaction to severe and recurring stress, a psychological disorder recognized in the American Psychiatric Association's
Diagnostic and Statistical Manual of Mental Disorders
as post-traumatic stress disorder, or PTSD. One symptom of this disorder is the individual's attempt to ‘relive' through thoughts and fantasies the original stressful episodes in an attempt to bring about a more successful—that is psychologically acceptable—result. These attempts are sometimes referred to as ‘flashbacks.' During a flashback, an individual may feel detached or estranged from the world around him or her and later have no memory of what transpired. It's as if he or she was in an altered state of consciousness.

“Several features of Ms. Lazarus's conduct suggest that she was experiencing a flashback when she traveled to her estranged husband's home on the evening he died. Lazarus's marriage was an extremely unhappy one, marked by nearly constant verbal and physical abuse. Over the course of many years, her husband had beaten, threatened, taunted, and ridiculed her. On one occasion, he held a knife to her throat; on several others, he pushed her down a flight of stairs. He also forced her to have unwanted sex with him. There were many times when Lazarus feared for her life.

“The painful memories of those years consumed Lazarus. After moving out of the couple's residence, she lost consciousness several times for no apparent reason, once after observing an act of physical violence on the street. She also suffered from repeated nightmares. Shortly before Mr. Westlake's death, she reported watching an episode of
House Hunters
, which reminded her of a favorite childhood book—
A Tree Grows in Brooklyn
. I believe this trigger is both what led her to her husband's home that night and what occurred thereafter.”

I stopped there to heighten the suspense.

Di Marco was incredulous. “What does a book have to do with it?” he demanded.

“
A Tree Grows in Brooklyn
contains a famous scene, one that caused it to be banned by the Catholic Church. In it, the young protagonist, Francie, who lives in poverty with her family in Brooklyn, is attacked and almost raped by a child molester. Francie's mother saves her by shooting the rapist.” I paused and added for effect, “in his genitalia.”

A murmur of appreciation shot through the courtroom.

Di Marco didn't like this. “And that tells you what?”

“It tells me that Ms. Lazarus was remembering the scene in
A Tree Grows in Brooklyn
, which further sparked memories of her husband raping her. When she went to his home that night, she was ‘reliving' those memories, hoping to erase them.”

“Is that what she told you?”

“No. Ms. Lazarus remembers very little about that night. What I just said is an inference based on my training and years of practice. Flashbacks in PTSD sufferers are often triggered by a trivial or chance happening, similar to what occurred here. The fact that Ms. Lazarus's memory of the events is hazy to nonexistent is also consistent with my opinion that she was reliving prior experiences.”

“Let me see if I can get this straight,” Di Marco said. “You're saying something she remembered from that book gave her the idea of chopping off his . . . I mean, emasculating him?”

“Not the idea, per se. But in her subconscious mind, she was looking for a savior, someone like Francie's mother, to rescue her from memories that had become unbearable for her.”

“Sounds more like an act of revenge to me,” Di Marco said.

It wasn't a question, but Hallie didn't object, probably because she thought I was holding my own.

I shook my head. “While the means Ms. Lazarus used to restore her psychological well-being may seem extreme—even shocking—to some, it's important to remember that she was not functioning as a conscious person during the incident in question. Individuals in the throes of flashbacks often have diminished self-control, again because they are disassociated from their surroundings. When I interviewed her in prison, Ms. Lazarus reported feeling very strangely that night, as though she were watching herself from a great distance. That's classic flashback behavior.”

Di Marco evidently thought the jury had heard enough about flashbacks and switched gears. “You spoke of the defendant having PTSD.”

“That's right,” I said.

“But not Battered Woman Syndrome.”

“Again, that's true. BWS has been largely rejected by the psychiatric community as lacking a proven scientific basis.”

“So if I were to tell you that the expert testimony to be offered by the defense relies exclusively on BWS to explain Ms. Lazarus's actions, you would take issue with that?”

I was a little surprised that Hallie had left herself open to this line of attack. But it was probably explained by the fact that she'd come into the case at the eleventh hour. She'd told me she was unhappy with the expert selected by the public defender. Perhaps there hadn't been time to find another one. With a slight nod in her direction, I replied:

“I would have to. While battering is a serious social problem, at present there is insufficient evidence to show that BWS meets the rigorous criteria for recognition as a bona fide mental disorder. The so-called symptoms of the syndrome are nonspecific—in other words, a wide variety of events can cause them—leaving mental-health professionals without a means of separating fact from fiction. Headaches, for example, are a common complaint of women said to be suffering from BWS, but they can be caused by nearly anything. Further, because it is defined as a syndrome uniquely affecting women, BWS reinforces stereotypes about female passivity and helplessness. For women who have indeed been chronically battered, PTSD offers a more reliable—and gender neutral—means of assessment.”

“Let's talk about reliability, then. A large part of your diagnosis rests on the domestic abuse that took place in the Westlake home. How certain are you that it occurred?”

“As certain as I can be, based on Ms. Lazarus's self-report, as well as records of police visits to the home that were in the files furnished to me by your office.”

“Was the murder victim, Professor Westlake, ever arrested for these so-called crimes?”

“No. My understanding is that Ms. Lazarus declined to press charges.”

“And you don't think that undermines her claims of abuse?”

“It's common to think that battered wives can put an end to the violence simply by removing themselves from an abusive spouse. But for many women in that situation, it's not that simple. Often, they're financially dependent on their batterer and fear losing their homes, custody of their children, or in the worst case, their lives by leaving. The experience of battered women in the courts backs up that fear.”

“Ms. Lazarus was a well-educated woman, wasn't she?”

“She had a college degree, yes.”

“And the couple was well-off financially.”

“Also true, but beside the point. It's a myth that domestic violence occurs only among the poor. In fact, the problem exists at every income level, but a culture of silence in upscale communities has prevented it from being widely recognized. Wealthy women are often disbelieved when they report physical abuse, or their husbands counter with suits for defamation. It becomes all-out legal warfare for the victim, even in the rare case when she can match her spouse's financial resources. That plus the social stigma make it a tremendously difficult thing to do. We shouldn't blame Ms. Lazarus for not having the courage to end her marriage sooner.”

“Can we blame her for anything?” Di Marco snapped, forgetting himself again.

“Your Honor—” Hallie began.

“Wait,” I said, holding up my hand. “There's more.”

Di Marco tried to cut me off. “There's no question pending.”

“That's because you didn't let him finish,” Hallie retorted quickly.

“I agree,” Judge Katsoros said from the bench. “You may continue,” he told me.

“Rachel Lazarus was physically and emotionally abused not just as an adult, but also throughout her childhood, by a mother I strongly suspect was suffering from borderline personality disorder, or BPD. Mothers with BPD are characteristically violent and have difficulty controlling intense, inappropriate anger, usually brought about by persistent fears of abandonment. Think
Mommie Dearest
, if you will. The psychological effects on a child growing up in that kind of home can be devastating. Such children tend to blame themselves for their parent's outbursts and to carry a negative self-image into adulthood. Not surprisingly, many of them end up in abusive relationships, for which they again blame themselves. I believe this also explains why Ms. Lazarus had difficulty extricating herself from her marriage.”

I shut up then, well pleased with myself. I had scored as many points as I could despite Di Marco's attempts to derail my testimony. My words had laid the groundwork for acquittal and given the jury something to think about besides the shocking state of Westlake's corpse and the monstrous impulse that seemed to lie behind it. Whatever fate ultimately awaited her, someone had finally spoken up for Rachel Lazarus.

SEVENTEEN

Di Marco's next thrust came as no surprise.

“Doctor, earlier in your testimony you said that you were hired to evaluate the defendant in December.”

I nodded. “That's right.”

“So you had only a few weeks to prepare for your testimony.”

“Yes.”

“Was that sufficient time for your purposes?”

“It was because of the work done by my predecessor. All of Dr. Stephens's files, including tapes of his sessions with Ms. Lazarus, were furnished to me before I began work on the matter.”

“Would you say that Dr. Stephens did a thorough job?”

“Very.”

“Please describe the work that he did.”

I went through the information Brad had collected, the tests he had run, the archival or third-party information he had relied on, and the psychological literature he had consulted.

“All told, it represented about a week of reading material.”

“And you read all of it yourself?” Di Marco asked with a slight sneer.

“Yes. I downloaded it into my computer and listened to it using a specialized software program known as a screen reader.”

“I
see
,” Di Marco said, to underscore that I hadn't. “How many hours did Dr. Stephens spend interviewing the defendant?”

“Close to twenty.”

“Were you also able to interview Ms. Lazarus yourself?”

“Yes.”

“How many hours did
you
spend with her?”

“I was only allowed two hours by the court.”

“So only a tenth of the time Dr. Stephens spent.”

I couldn't argue with the math. “Correct.”

“Doctor, before his untimely death, did Dr. Stephens prepare a report of his findings?

“Yes.”

“Which you had access to?”

“It was delivered to me along with the rest of his files.”

“Presumably, you
listened
to that too.”

“Certainly.”

“Good,” Di Marco said, like this was going to be a piece of cake. “So you'll be able to tell us what those findings were.”

The moment for Hallie to act had arrived. “Judge, before this goes any further, may we have a sidebar?”

That's my girl
, I thought happily.

Di Marco and Hallie approached the bench, and I leaned over to eavesdrop.

“What's her—I mean,
counsel's
—problem?” Di Marco demanded in a harsh whisper.

Hallie wasted no time answering. “I object to any reference to Dr. Stephens's so-called findings on the ground that they invade the province of the jury.”

Di Marco was caught completely off guard. “What? How'd she? I didn't—” he began.