The Trial of Dr. Kate (34 page)

Bobby attempted a small smile, but it obviously hurt too much.

Shenandoah leaned forward and kissed his forehead again. “I’ll bring Wally and your mom to see you tomorrow evening. Anything else you need?”

“I don’t think they’ll let Wally in, but I’d love to see him.”

“Listen, buddy, when I say I’ll bring Wally, I’ll bring him. It’ll take more than a bunch of doctors and nurses to keep us out of here.”

Bobby grabbed her hand and gave it a squeeze. “Y’all be careful driving home.”

* * *

Army and Shenandoah drove in silence, both engrossed in their own thoughts about the accident and Bobby. When they got to Hattie Mae’s house around four in the morning, Shenandoah said, “Thanks for taking me along, Army. I really appreciate it.”

She crawled into bed in a sleep-deprived daze.

At breakfast, Hattie Mae looked a mess; her eyes were bloodshot and her hair even more tangled than usual. Mr. Applebee had both front paws on the table, waiting for his breakfast.

“I didn’t sleep too good last night, Shenandoah, from worrying about Bobby, and this darn headache is killing me. Must be the heat. How
is
he?”

“Broken leg, black eye, cut chin, but I think he’s going to be okay.”

“Mr. Applebee and me done a right bit of praying last night. I reckon that’ll make a difference. It’s always good to get the Lord’s help.”

“It’s totally out of character for me, but I did some of that myself. I’m taking his mom and Wally down to Nashville this evening if they want to go.”

“Ain’t sure I’m going to make it to court today. I just don’t feel good. Sure wish Dr. Kate could take a look at me.”

“I hope that after today, she can. Want me to get you anything?”

“No, honey, me and Mr. Applebee’ll clean up the dishes. Later I’ll see how I feel. That Dr. Compton’s due up here tomorrow.”

Shenandoah left Hattie Mae and Mr. Applebee and rushed out the front door. She wanted to talk to Mrs. Johnson.

Mrs. Johnson jumped at the chance to see Bobby, though she seemed a little concerned about bringing Wally. They decided that Shenandoah would pick them up right after the trial either ended or recessed.

Shenandoah wanted to see Kate before the trial started. She hoped it would be the last time she’d have to see her under such circumstances. Since she had not come by the day before, Deputy Masterson hadn’t placed Kate in the interview room, and Shenandoah had to ask the secretary to call the deputy.

“I didn’t think you were coming this morning, Shenandoah, or I’d have gotten the doc for you. Come on. It won’t take but a minute.”

When Dr. Kate walked into the small room and saw Shenandoah, she smiled. “I’m so glad to see you, Shenandoah. This is going to be the longest day of my life.”

“I know, but after this afternoon I hope that this nightmare will be over and you can get back to work.”

“I hate that bastard Thelonious Flatt. Surely the jury doesn’t believe all those lies. If I go to prison, what will happen to my patients?”

“Let’s worry about one thing at a time.”

“Thank you for caring, Shenandoah. You’ve been a true friend. Oscar Masterson told me that Bobby had a wreck last night. Is he okay?”

“He’s got a broken leg and some facial injuries. He can’t remember anything about the wreck.”

“I hope he makes a speedy recovery. I’m waiting on Oscar to take me downstairs. Wish me luck, Shenandoah.”

“You know I do. Keep your courage up.”

Shenandoah pushed the button to summon the deputy and gave Kate a hug before leaving the room.

Shenandoah walked down the stairs and saw Jake Watson entering the courtroom, a worried expression on his face. The previous afternoon, Jake’s demeanor had seemed upbeat.

“What’s wrong, Jake?”

“We’ve got a problem. I made a mistake—let a hostile juror get by me. I’m a nervous wreck. Could end up with a hung jury or even a conviction.”

“How’d you find out?”

“Kate finally recognized the woman. It’d been eating at her since the second day—you know, because she thought she knew the woman, but wasn’t sure. She was so unsure that she didn’t mention anything to me. Then yesterday it all came back to her.”

“The seamstress from the shirt factory?”

“Yes.”

“What’s the problem?”

Jake looked around and then stepped a little closer to Shenandoah. Lowering his voice, he said, “About six years ago one of Dr. Kate’s male patients decided he was in love with her. He kept going in to see her with bogus medical complaints, and once he tried to kiss her. He was married, and she had no interest in him, but he persisted. The man’s wife found a letter he wrote to Kate, telling her how much he loved her. She thought Kate was trying to steal her husband, and nothing Kate said could sway the woman. The man eventually divorced his wife and moved to Celina. The woman blamed Dr. Kate for the divorce.”

“I can understand why you’re worried.”

“I don’t even want to think about it. All we can hope is that the woman’s past her anger.”

“Will it affect how you proceed?”

“No, I’ve got to stay on course and hope for the best. With the two alternates out of the picture, we’d have to go through another trial if I bring it up. I don’t want to put Kate through this again. It’s a calculated risk, but I’ve got to take it.”

Thelonious was busy making final touches on his summation. Shenandoah glanced around the courtroom, looking for Hattie Mae, and saw her sitting in the back. She looked as if she felt miserable. Shenandoah assumed that Mr. Applebee was sitting at her feet.

Judge Grant brought the court to order at nine sharp. “Mr. Flatt, I believe you have the floor first.”

Thelonious got out of his chair and stood beside the prosecutor’s table. Baxter Hargrove stared at Dr. Kate with venom in his eyes.

“Thank you, Your Honor. The state is prepared to summarize its case against the defendant, Katherine Marlow.” He placed the pince-nez on his nose and picked up his notes, then stood facing the jurors.

His voice, even and well-modulated, rang of sincerity. “Members of the jury, you have been made aware of the charge against the defendant, but I would like to briefly summarize the circumstances.

“Dr. Marlow is accused of murder in the first degree—the murder of one of her patients, Mrs. Lillian Johnson.”

Here Thelonious removed the pince-nez and, using the glasses as a pointer, punched the air in front of his face. “You’ve heard the coroner tell you that Lillian Johnson died of a lethal dose of Seconal, a common sleeping pill. He further stated that the large vein of her right arm was where the drug was injected, yet Trudy Underwood has told you that her sister was right-handed. Don’t you think it would be very difficult for a desperately sick, right-handed person to inject herself with her left hand?” He gave an audible sigh and shook his head. “You must pay no attention to Katherine Marlow’s ridiculous, self-serving hypothesis. Moreover, you heard the TBCI agent explain that there were two sets of prints on the lethal syringe. One set belonged to the defendant and the other, to Lillian Johnson. Miss Underwood gave you a motive for the murder.

“Mr. Watson and the defendant have tried to cast doubt in your minds with their slick manipulation of the facts. They would have you believe that the victim committed suicide. How very convenient to shift the blame to a victim who cannot defend herself. Cannot defend herself because she’s dead.”

Shenandoah was convinced that Thelonious could have played Hamlet. He had the sense of outrage one needs to master the role. He didn’t flail his arms about and shout as Shenandoah had suspected he might, but his delivery was dramatic nonetheless.

“My friends, Lillian Johnson lies in the Round Rock graveyard because her husband was having an affair with Katherine Marlow. Mr. Watson would have you believe that Miss Underwood, Mrs. Johnson’s own sister, was lying to you. Need I remind you that Miss Underwood was under oath when she told you about the adulterous affair? That she was under oath when she told you how upset her sister was about the adultery, the deception? That she was under oath when she told you that Mrs. Johnson was going to confront Dr. Marlow on the day of her death?”

Thelonious allowed his voice to rise slightly. His face was red, and his eyes flashed in anger. He stood with one foot in front of the other, not unlike a boxer, and hammered away at the twelve people who would decide Dr. Kate’s fate.

“Who would know the mood of Lillian Johnson on the day of her death better than her sister? Who would know the deception perpetrated against Lillian Johnson better than her sister? Trudy Underwood has nothing to gain by lying to you, and the defense has provided no proof that she has. Quite the contrary: The defense has asked you to take the word of an admitted alcoholic with a history of blackout spells. Spells so severe that she can’t remember where she’s been.”

Shenandoah felt that Thelonious was really hitting his stride. All of a sudden she began to worry that Jake wouldn’t be able to sway the jury.

Thelonious slammed his right fist into his left palm with a resounding smack. “The defendant has presented you with a theory! A theory only, my friends. No proof about how Lillian Johnson happened to have a lethal dose of Seconal in her bloodstream. The defense has said that Dr. Marlow would be too smart to leave a suspicious syringe on the floor next to her victim. I will grant you that she is a smart woman. Nevertheless, criminals in a highly emotional state of mind make mistakes. That, my friends, is how they get caught. There’s no perfect crime, no perfect murder. This was not a perfect murder. The doctor in her haste and highly emotional or inebriated state dropped the syringe. It’s as simple as that.

“Mr. Watson tried to cast suspicion on the victim because her prints were also on the syringe. Imagine with me the scene as I see it. Dr. Marlow, continuing her deception to the end, draws the lethal dose into the syringe, and the victim, realizing that the physician intends to kill her, reaches out to take the syringe. At this point, Dr. Marlow, trying to calm the suspicious Lillian Johnson, tells the victim that she’s going to give her a new pain medication. Then she takes the syringe and injects the lethal dose of Seconal into Lillian Johnson’s vein.”

Thelonious paused to let his statement have its effect. He looked directly at Dr. Kate. “Yes, my friends, that explanation holds as much weight as anything Mr. Watson or Katherine Marlow has told you. Why? Because only two people really know what happened in Lillian Johnson’s bedroom that fateful day. One is an admitted alcoholic with memory problems, and the other is dead.

“Mr. Watson has repeatedly implied that the state’s evidence is circumstantial. My friends, murderers are convicted every day on circumstantial evidence. There is no doubt in my mind, and there should be none in yours, that Dr. Marlow did, in fact, murder Lillian Johnson with malice. Do your duty as law-abiding citizens and bring back a guilty verdict—guilty of murder, the murder of Lillian Johnson. I know you’ll do the right thing. Thank you.”

Judge Grant directed his gaze to the defense table. “Mr. Watson?”

Jake again got out of his chair as if he were in pain. Shenandoah found it hard to believe that this dramatic exercise would have any effect on the jury.

“Thank you, Your Honor,” he said as he approached the jury. Smiling and nodding to the jurors, he said, “Good morning—”

His sentence was cut short by a muffled scream. Then there was a loud thud as someone or something hit the hardwood floor. Turmoil erupted in the courtroom, and Shenandoah turned to see several people standing where Hattie Mae had been sitting.

Judge Grant slammed his gavel down hard. “What’s going on back there?”

A man in the back of the room stood up and said in a loud voice, “It’s Hattie Mae Hooper, Judge! I think Dr. Kate ought to take a look at her.”

Dr. Kate vaulted over the rail and was at Hattie Mae’s side by the time the judge had called an emergency recess. Shenandoah rushed after her to see if she could help.

“Give her some breathing room! Step back, please!” Dr. Kate was pushing people back so she could get to the stricken woman.

The doctor placed her fingertips on Hattie Mae’s neck. Shenandoah knelt beside her. “Anything I can do to help?”

Shaking her head, Dr. Kate said, “She’s gone, Shenandoah. Heart attack or stroke. No way to know without an autopsy, which would be pointless.”

Shenandoah stared at Kate in a state of shock. She said in a hoarse voice, “My God, she complained of a headache last night and again this morning.”

“Then it was most likely a stroke.”

Shenandoah saw that Mr. Applebee’s big head was draped over Hattie Mae’s right arm, and he began to whimper. Shenandoah reached out and rubbed his floppy ears.

Dr. Kate told Deputy Masterson to get a stretcher and to carry Hattie Mae’s body up to the jail until the funeral home hearse could come from Livingston. Then she turned to Shenandoah and said, “What about the dog, Shenandoah? I don’t think Hattie Mae had a relative to her name.”

“Jesus, Kate, I don’t know. I could take him, I guess. Right now I think I should take him over to your clinic and see if Jazz can watch him for a while.”

“Good idea. She can look after him until you get things worked out.”

Shenandoah looked up to see Judge Grant staring at them. “She’s dead?” he asked.

Dr. Kate stood and faced the judge. “Yes, sir. I think she probably had a stroke.”

“What’s that dog doing in here?” the judge asked.

Shenandoah said, “He’s been here all along, Judge. He’s very well behaved.”

“Well, get him out of here. This is disgraceful.”

Jake Watson said, “Judge Grant, I would favor a long lunch recess. Maybe start back at one o’clock.”

“Agreed. I’ll inform Mr. Flatt. I still can’t believe that repulsive animal has been in my courtroom all this time.”

Shenandoah picked up Mr. Applebee and carried him to the Bel Air. Hattie Mae had never used a leash. Shenandoah couldn’t believe how heavy the dog was. Shenandoah struggled to get him down the courthouse stairs and almost fell twice.

When Shenandoah drove up to the clinic, she saw Thelonious’s Cadillac parked in front. She lugged Mr. Applebee into the waiting room. The dog hung lifelessly over Shenandoah’s left arm.