Deadlock (14 page)

“At the very least he should screen all patients for any prior history of depression.”

“If he does not, then there would be strong medical risk, isn’t that right?”

“That is correct.”

“Thank you, Doctor. No further questions.”

Beau Winsor stepped to the podium but not behind it. He held no notes. Charlene could only marvel at that. No doubt the jury would marvel, too.

“Dr. Hutchinson,” Winsor said. “Would you take a good look at subsection d again for us?”

The witness, somewhat sheepishly, reread the exhibit. “All right,” he said.

“Now where do you see the term
Post-Abortion Syndrome
?”

“Of course it is not there, but — ”

“You have answered the question, sir.”

Charlene stood. “Objection, Your Honor. Counsel did not let the witness finish his answer.”

Judge Lewis said, “Overruled. It was a simple yes or no question. You’ll have your chance on redirect.”

Stung, Charlene sat back down. Sarah Mae seemed upset. Charlene patted her arm.

Winsor said, “Also in subsection d, Doctor, where do you see the word
psychiatric
?”

Hutchinson stared at the lawyer. “It is not there.”

“And Post-Traumatic Stress Disorder?”

“Not there.”

“And who drafted this informed consent statute, Dr. Hutchinson?”

“I presume the legislature.”

“And they didn’t include any of those terms, did they?”

“No, sir.”

Winsor paused to look at the jurors. They seemed transfixed by him. Charlene fought to keep her heart steady.

“Doctor, this supposed syndrome after abortion, is it recognized in any of the standard texts as such?”

“Well, there have been some articles in — ”

“Doctor, please. My question is about the standard reference texts in the field. Will we find this syndrome listed in any one of these?”

“I do not believe so.”

“Fine. Just so we’re clear on that. One last thing, Dr. Hutchinson. Are you being paid for your testimony here today?”

With a slightly victorious smile, Dr. Hutchinson said, “No, sir.”

“Isn’t that a bit unusual, Doctor? Don’t expert witnesses get compensated for their time so they can come to court?”

“I think that’s the usual practice, yes.”

“And you chose not to be paid, correct?”

“Yes, sir.”

“Is it because you are an anti-abortion activist?”

“Objection,” Charlene heard herself say, and immediately knew it was a mistake. It would seem she was hiding the truth about her witness from the jury. Once again, Winsor had played her like a violin.

“Overruled,” said Lewis.

“Do you need the question repeated?” Winsor said.

“No, sir,” said Hutchinson. “I have been associated, proudly, with the pro-life cause.”

“In fact, you were listed on the letterhead of the American Rescue Foundation, were you not?”

Hutchinson looked like he’d been hit with a bucket of cold water. Charlene could almost feel the jurors changing their opinion of him on the spot.

“I was for a time, yes,” Hutchinson said.

“Was that the same time that family planning center in Minnesota was bombed?”

“Objection,” Charlene said.

“Sustained,” Lewis said.

Winsor looked unconcerned. Of course it didn’t matter what the answer was, or that the judge had sustained the objection. The question had been asked, and it was in the minds of the jurors. Charlene considered asking the judge to admonish the jurors not to take any of that into consideration, but knew that would only play into Winsor’s hands again. Telling a jury to disregard something was almost a guarantee they’d consider it.

Suddenly, Winsor’s tone turned cold and sharp. “So you would have us all believe that your unpaid testimony here is not biased in any way, is that right, Doctor?”

“Objection.” Charlene had no other choice. The question was clearly argumentative.

“Sustained,” said the judge.

She’d won the point, but the big picture was cloudy. When Winsor said, “No further questions,” it seemed to Charlene that the jury was suddenly in his corner.

|
1

The Santa Lucia Community Church had a homey feel to it, built as much by memories as materials. The people knew her as Ethel Hollander’s little girl, the one who became one of the most powerful women in the country. She saw a few old faces who knew her way back when. The newer people sort of stared at her, like she was a rare fish in an aquarium.

Why had she consented to come? To keep her mother from harping about it, sure. Maybe this one time would be enough to appease Ethel’s crusade for her daughter’s soul.

But she also had more than a little curiosity about the pastor. What he might say. How he presented himself in the pulpit. Maybe she wanted, in her own mind, to check this man’s intellectual bona fides. He had said he disagreed with her judicial opinions. Was there any real firepower in his thoughts?

Ethel, as if sensing her daughter’s discomfort, settled with her in the back row. That was fine with Millie. Easy exit.

A few people came by to say hello to Ethel and perhaps gawk at Millie. She smiled politely and tried to seem human. She felt anything but.

A short, intense-looking man in a suit that didn’t quite fit slipped into the chair in front of them.

“Morning,” he said.

Ethel said, “Good morning to you, too. Happy to have you visit.”

“Thank you,” the man said. Millie had the feeling she’d seen him before. But where? Something told her he wasn’t a local.

“And hello to you, Madame Justice,” the man said, reaching his hand to Millie. “My name is Dan Ricks.”

Millie shook his hand. It was sweaty.

“Sure would like to have a chance to talk with you afterward,” Ricks said.

“My daughter has come here to rest,” Ethel said. “I’m sure you understand.”

He was a reporter. Millie was sure of it. And then she remembered him. It was at the hospital, the day she was released. He had poked his face out of the crowd of reporters and shouted a question at her.

“Well,” Ricks said, “your daughter is a famous person. No getting around that now, is there?” He snorted a laugh. “I have an obligation to my readers, Madame Justice. I’m a gentleman of the press.”

“I appreciate that, Mr. Ricks,” Millie said. “But as I have consistently told reporters, I do not want to give any interviews at this time. If you’ll give me your card, I’ll make sure you get a copy of any official statements.”

The man made no move for a card. “I’m into exclusivity, Madame Justice. That’s my stock in trade.”

“What paper do you write for?”

The man smiled, his teeth looking like they could gnaw wood. “
The National Exposure.
”

“Oh, my,” Ethel said.

“News you can use and won’t make you snooze,” Ricks said. “You read our stuff?”

“I see it in the store,” Ethel said. “You should be ashamed of yourself.”

He laughed. “Now if I was ashamed of myself, I wouldn’t be a good newspaperman, would I? After all, I’m protected by the First Amendment, isn’t that right, Justice Hollander?”

For a moment he just stared at her, then he winked. “Be seeing you,” he said. He slipped out of the row and walked toward the exit.

“What a disagreeable little man,” Ethel said.

Before Millie could answer, a young man at the front holding a guitar said, “Good morning, everyone. Please stand as we praise the Lord.”

After what seemed like an eternity of singing and announcements, Jack Holden took the pulpit for his sermon.

Millie studied him. He was dressed in a suit and tie and held a Bible. It looked as natural in his hand as a hammer in the hand of a carpenter. Millie wondered if he was still wearing those beads under his shirt.

“I have a cheery topic this morning,” Holden said. “I’d like to talk to you about death.”

The word hit Millie like a slap. In fact, a slap to the face might have been less intrusive. And then she had a terrible thought. He was preaching to
her
. He must have seen the book she’d been reading.

“You know what Woody Allen once said about death?” Holden continued. “He said he didn’t fear it. He just didn’t want to be there when it happened.”

A smattering of laughter rose from the congregation. Millie thought about walking out, but her mother would be mortified. No, she had to stay, like a prisoner forced to listen to the warden’s inspirational speech.

“Well, we’re all going to be there when it happens. And we have to think about that. It’s crucial that we think about it. Because as morbid as it sounds, our life is really about how we prepare for death.”

Holden, Millie noticed, was speaking without notes. He made eye contact with his audience. She couldn’t help thinking that as a lawyer he would make a great impression on the justices of the Court.

“But in today’s world, we seem to spend most of our time trying
not
to think about death. In a famous book from the 1970s called
The Denial of Death,
the author said we are so afraid of death that this denial was the central fact of our lives. Furthermore, he said, since we have no way of knowing our purpose on earth, we just have to act as though we have one.

“That’s the problem, isn’t it? People do not know where to look for the answer. So they don’t think about death. They play games, watch television shows, drink themselves into oblivion, take drugs, seek extreme experiences. Anything to keep from thinking about the reality of this thing called death.”

Holden opened his Bible and started turning pages.

“But the Bible tells us that we need to think about death, because it is going to happen to us. The psalmist says each man’s life is but a breath. And listen to what James says in chapter four: ‘Why, you do not even know what will happen tomorrow. What is your life? You are a mist that appears for a little while and then vanishes.’

“Now James may not have been the life of the party,” Holden said, “but he is telling it like it is. So, too, does the writer of Hebrews. ‘A man is destined to die once,’ it says in chapter nine, ‘and after that to face judgment.’

“What happens after death is, you’ll pardon the expression, of grave import to us now. One either believes there is life after death, or one does not. Those in the middle, whom we call agnostics, don’t feel there is enough information to make up their minds. The tombstone of an agnostic reads, ‘All dressed up and nowhere to go.’ ”

Again, the congregation laughed. Millie didn’t find the comment funny.

“The truth is, however, we all go.
Where
is up to us. I love the book of Ecclesiastes. It’s a book I wish everyone would read. If you want to think about death, think about what Solomon had to say. When he considered death in this world, without regard to the next, he found that all was vanity, a chasing after the wind. That word
vanity
, in the original language, means ‘vapor’ or ‘breath.’ And all of our striving on this earth, if there is no immortality, is vanity. A chasing after the wind.

“In our day, we think we have become sophisticated about death. A school of psychology became popularized in the works of a Swiss-born psychiatrist named Elisabeth Kübler-Ross. Some of you may have heard of her book,
On Death and Dying.”

Millie bristled and felt her hands clenching. He
was
preaching at her! And in the most personal of terms. If she had been stripped naked she couldn’t have felt more exposed.

“Kübler-Ross and others believe that a dying patient goes through a series of stages, beginning with denial. After that comes anger and then a bargaining with the prospect of death. When that doesn’t work, depression follows and then, if the right conditions exist, acceptance. But I do not believe the human soul can ever accept death unless it is convinced that death can be overcome.”

Millie was going to leave. Right then. Slip out and deal with her mother later. But Holden brought her up short.

“You have all heard accounts of the so-called near-death experience. They’ve had TV shows about it. People report that they have died, and seen a great light, sometimes at the end of a tunnel, sometimes all around them. And it has been pure ecstasy. So it has been reported.