Final Analysis - Catherine Crier [91]
“And why is that, sir?”
“I think that my mom has psychological issues that need to be dealt with that could be detrimental to other people around her…and herself,” Adam said.
“Was it your opinion that prior to what occurred with your father that your mother was delusional?”
“A hundred percent, yeah. I told her every day.”
“Did those delusions focus on one individual?”
“No, I guess the focal point of her delusions was obviously my father. But there’s always something she’s been delusional about for as long as I can remember [that] my father was a double agent for the Israeli intelligence.”
This idea of Susan’s delusions was the focal point of O’Connor’s argument that she should not be allowed out on bail. Focusing on her delusions about Felix’s involvement with Israeli intelligence, her belief that the Briners were embezzling her money, and statements she made about the “Jewish Network,” O’Connor sought to portray Susan as a woman whose mental state was a risk to those around her.
On cross-examination, Susan’s public defender, Jack Funk, an associate of Peter Coleridge, designed his questioning of Adam to convey that Susan’s delusions had a singular focus on Felix. Susan’s delusional behavior did not make her a threat to the public at large, it made her a threat to Felix. Since he was no longer alive, Susan no longer posed a risk to the public.
“During your lifetime…do you know of any other time in which your mother has attacked or threatened any other person?”
“No.”
“And do you have any reason to believe that if your mother were released, upon whatever appropriate security, that she would threaten or attack any other person?”
“I believe the only answer I can give to that question is, I don’t know. I don’t think it’s a fair question to ask me because I don’t know what happened in the cottage that night…. My honest opinion on my mom is that she is an 80 percent sane and rational person and she’s 20 percent delusional, and that 20 percent is completely unpredictable. There’s no way for anybody to know what’s going to happen next, and that’s why I think she needs to be getting help somewhere…. She should not be in prison. She should be getting help somewhere so she can come out and be a fully functional member of society.”
Shortly after the hearing in September 2004, Judge O’Malley set bail for Susan at $1,050,000, but Susan’s time on the outside was brief. Within seven months of posting the monies, she was back behind bars at the West County Detention Facility for violating the terms of her release.
On October 6, 2004, Adam filed a “wrongful death civil suit” against Susan seeking $1 million dollars in damages in addition to other declaratory relief. Eli Polk and Felix’s twin brother, John, who was executor of the Polk estate, were named as codefendants in the suit. Andrew and Jennifer Polk declined to participate in the legal action, according to the court papers.
“As a result of the intentional wrongful death of their father, Plaintiffs Adam and Gabriel suffer damages by way of lost love, care, comfort, and support of their father, in an amount no less than $1 million, to be proven at trial,” the suit read.
In addition to monetary compensation, Gabe and Adam were seeking declarations from the court that John Polk be named proper trustee of the Trust and that Susan have “no right, title, or interest in Trust, which may be funded by assets having a net total value of $1 million dollars.” Furthermore “‘upon conviction of murder or finding of felonious and intentional killing’ that Susan have no property right or interest in the Estate of Felix Polk or in any asset enumerated in the 1996 Polk Trust, and that she have no right or interest in Felix’s share of any community property asset, including Felix’s pension plan and the Orinda residence at 728 Miner Road.”
As a condition of her bail, Judge O’Malley set a no contact order forbidding Susan from having any contact with her son Gabriel, Dan and