Courting Death - Carol Stephenson [64]
“No, Rebecca was a full term baby unlike Sarah. Becca was healthy and strong and perfect. She didn’t need any machine to be attached to her.”
Because they hadn’t listened to medical advice, they had lost another child.
A tendon ticked along Brian’s jaw. “Why is this important?”
I took a deep breath to keep my tone even. “I’ve received the state’s brief. Rather than focusing on the intentional homicide charges, the prosecutor is seeking to introduce evidence of the circumstances surrounding Sarah’s death in order to show that, given Claire’s knowledge of how Sarah died and her medical training, she’s criminally negligent.”
“That’s prejudicial.” Brian pounded the chair arm. Claire didn’t even flinch. “They can’t do it.”
“I’ve drafted a motion to exclude the evidence, but while waiting for you, I’ve researched the case law and it’s not favorable. Although I think the state’s brief frames the argument wrong, the issue the judge will be deciding is whether Claire’s knowledge about Dr. McGill’s medical recommendation is relevant circumstantial evidence.”
“So?”
“So, I think the judge will have sufficient basis to find that, based on her prior experience with Sarah, Claire was aware that an infant, if not properly attached to an apnea monitor, as previously recommended by your pediatrician, could die from asphyxiation. In other words, that she consciously disregarded the risk and negligently caused Becca’s death.”
Claire wasn’t even looking at me anymore. She stared dully through the window. In contrast, Brian’s face had turned so red that I was afraid he would have apoplexy.
Spreading my hands wide, I said gently, “I know this is a lot for you to take in right now, but I needed to warn you of the latest wrinkle in the case. Once more I want to discuss my approaching the prosecutor about a possible deal.”
Brian surged up and planted his hands on my desk. I gave him a look that could freeze hell over. “Sit down.”
“You’ve been afraid to try this case from the start. I heard about how you froze during your last case as a state attorney. Rather than working on my wife’s defense, you’ve been too busy getting your picture plastered all over the news. Dr. Chang tells me you haven’t returned his calls.”
It was never good to escalate an argument but I was tired of his aggressive stance. I stood as well and braced my hands on the desk.
“Speaking of Dr. Chang, the two of you forgot to mention one little detail. Your pal Damian didn’t need to recommend Chang, did he? Not only were you, Quint and Chang all in college together but also in the same fraternity.”
“So?”
I was really getting tired of that word today. “So, when each side discloses experts, we also furnish resumes. The prosecutor will pick up on the connection immediately and hammer away on the fact that Chang isn’t impartial.”
“Lee can handle himself. He’ll be able to brush off the apnea monitor argument by testifying the machines aren’t effective.”
A chill gripped me. “You knew this would be an issue. And you and your buddies have already mapped out a counter attack.”
Brian shrugged. “It seemed like the prudent thing to do.”
“I can’t defend like this. I can’t work in the dark only to be spoon-fed vital information on occasion.”
“Well, you won’t have to. You’re fired.” Brian turned and took Claire’s arm. “Come on, honey. Let’s go.” She rose in a stilted movement like a doll. As he escorted her to the door, he shot the closing salvo over his shoulder. “You’ll be receiving a formal termination letter in the mail.”
My legs suddenly too weak to support me, I sank into the chair. I didn’t even have to count to ten before my partners rushed into the room.
“We heard the yelling,” Kate confirmed. “I was getting ready to call the police. Are you all right?”
I nodded.
Carling narrowed her eyes. “The Whitmans fired you.”
“So?”
“I thought a perfectionist like you would be taking the news harder than you seem to be.”
“So?”
Carling and Kate gave each