First Do No Harm (Benjamin Davis Book Series, Book 1) (26 page)

The judge asked Dr. Dean if the panel set a punishment for Dr. Herman.

Dean indicated that they had, and he began to read: “We, the panel, set the penalty and punishment of Dr. Lars Herman as (a) a fine of $85,000; (b) the suspension of his medical license for one year; (c) prior to reinstatement, the completion of a family medicine residency at a certified US medical school; and (d) that if Dr. Herman returns to the practice of medicine in this state after his suspension and completion of the residency program, he be proctored for his first year as to all tests and procedures he orders. This verdict is signed by each of the panel members.”

Dr. Dean turned to the judge and asked if he could make a statement for the record. The judge said that as a panel member, it was appropriate.

McCoy and Pierce objected to the statement. Dillingham remained silent, not knowing what to do.

“I am a general surgeon who practices in Nashville. I have never been in Plains County, although I have briefly driven through on my way to Atlanta. I have never been to Plainview Community Hospital nor have I been to either of the two hospitals where Dr. Gayle maintains privileges. However, I know the standard of
care for a general surgeon in Tennessee, and Dr. English’s conduct fell well below that standard of care. I hope the appellate court reverses the travesty that has occurred here today.”

The audience actually applauded, but Dr. Dean’s speech was a waste of time. The appellate court would apply the law, and as set forth by the Tennessee legislature, Dr. English’s dismissal would be upheld.

Outside the hearing room, several Plainview plaintiffs approached Davis. Peter Mueller, elected spokesman, asked, “What does today mean to our cases?”

“As to Dr. Herman, it’s an admissible finding of recklessness. As to Dr. English, I’ll do a much better job than the state.”

Sammie was sure he would.

Amy Pierce bought a new suit for the party to celebrate her promotion to partnership. She bought her son, Carter, a new suit as well. She had invited her aunt and two cousins to the party held at the elegant Hermitage Hotel, a gathering place for the rich, the powerful, and the influential.

Lowell Thomas sent around a memo to all partners, associates, and staff announcing her partnership. The memo complimented Amy’s achievements and contributions to the firm. Everyone at the firm was aware of the Plainview cases and Amy’s recent victory before the Medical Licensing Board.

The young woman was clearly on a high and on the rise. She had been aware of the partnership decision only a few days, yet she had already contacted Montgomery Bell Academy for Carter’s fall semester, 1995, admission. She would now be able to afford the prep school, which would allow Carter to get the best possible education Nashville had to offer. It was the beginning of their new life together. Work would still be demanding, but the financial rewards would be worth it.

The firm invited most of its clients, including Jim Davenport of PIC, who was driving in from Memphis to attend. McCoy and Stevenson RSVP’d.

Jack Barnes sent his regrets in a personal note:

Amy was shocked by Barnes’s note. Barnes was as experienced a litigator as there was. He represented murderers and the worst white-collar criminals. When she showed the note to Thomas, he just shook his head.

“Barnes has lost it. He’s lost sight of our role in the system. If anyone failed in the process, it was Dillingham and the state. Your job was to represent your client. You did that brilliantly. I wouldn’t give Barnes’s note a second thought.”

Yet she couldn’t get that note out of her head. It tormented her. She couldn’t shake Barnes’s disappointment in the system and more particularly in her.

At 7:00 p.m. the party began with a short statement by Lowell Thomas, the managing partner: “Ladies and gentlemen, it is with the greatest pleasure that we at DMT have brought you here tonight to honor Ms. Amy Pierce Esquire, our newest and only female partner. Amy has worked hard and successfully to earn her
partnership. She’s determined and resourceful. Our clients have benefited from her legal skills and abilities. I am proud to call her partner. Thank you, Amy.”

The crowd of about a hundred applauded loudly. Someone called for a speech, and then dozens of others followed suit.

Amy had waited eleven years, since she got out of law school, for this day. She cleared her throat and said, “I want to thank Lowell and the other partners for this beautiful reception. I’m sure Sid from accounting will deduct the cost as an operating expense.”

Several people laughed, and Sid piped up: “You’re damn right, Amy. Just make sure some of you lawyers talk to your clients tonight, so I can justify tonight as a business expense.”

Now everyone in the room laughed, and Amy continued: “I want to thank my son, Carter, who’s gone without a lot, including me. It has not been easy being an attorney and a single mother. I love you very much, Carter.

“The American judicial system is imperfect, but it’s the best judicial system in the world. Our part, as attorneys, is to represent our clients to the best of our ability. That I’ve always done. It’s the judge’s job to determine the law. It’s the jury’s job to determine the facts and the dollar amount of damages, if any. That’s how our system works, and I’m proud to be a part of it. Thank you.”

The crowd broke into applause again. Several partners, associates, and clients came up to Amy to shake her hand. It was a great night for both her and DMT. But Amy could not stop thinking of Barnes’s note.

Davis had been looking forward to this day for quite a long time. Judge Boxer was about to hold Dr. English in contempt in the Malone case. Dr. English’s deposition had been set twice in December and twice more in January. On each occasion, English failed to appear. A solid record existed, and Boxer had the right to award a default judgment against English in the Malone case. It troubled Davis that he showed up only after the slides were stolen. He was convinced that the doctor’s reappearance was tied to the return of the missing slides. According to Pierce, Dr. English materialized to defend his good name at the Medical Licensing Board hearing.

Dr. English was still a guest of the Hewes County jail, serving his contempt sentence in the proceeding brought by his ex-wife Susan. Davis first learned of English’s surrender and availability when Pierce called him on Friday, January 28th, and informed him that Dr. English would be at the hearing before the Medical Licensing Board and that his deposition in the Malone case could be scheduled at the Plains County Courthouse after the hearing. Pierce also informed him that she had spoken to Judge Boxer, who selected the
location and indicated he wanted to attend the deposition.

Although Morty and Sammie wanted to attend, they were busy with other matters. Davis had not prepared for this deposition because he could take it in his sleep. English had been on the run for almost five months, and Davis was dying to know where he had been, who had helped him, and who he’d been in contact with. This deposition would be more about English’s life on the run than his care and treatment of poor Rosie Malone.

The Plainview Courthouse was an impressive building, with four large columns in the front, giving the building a Greek feel. Above the tops of the columns was a triangular-shaped stone cutting, which included a large dragon in the middle. Built in the center of the town square, the courthouse served as a central meeting place and as the building where justice was administered. Judge Boxer’s courtroom, like the outside of the building, emanated a sense of power and justice. Davis felt comfortable in these surroundings.

Amy Pierce, Lowell Thomas, Sean McCoy, Jack Barnes, and Grayson Stevenson entered the courtroom together. To Davis, they appeared to be a united crew, as thick as thieves. How could they not be with the slides in their possession? He wondered which of them knew the details of how the slides were reacquired, and he clenched and unclenched his fists as he speculated.

Each one nodded to him, but nobody said hello. In the last two years a deep animosity had developed, and it was mutual, except with Jack Barnes. Morty always taught Davis to treat another attorney with respect and common courtesy, but even Morty ignored that golden rule when dealing with this bunch.

The court reporter was already set up to preserve the hearing. She had agreed to rush the transcript so Morty could read it. That would double the cost, but it was worth it.

A moment later, Judge Boxer took the bench. He greeted counsel with a warm smile. “Good morning, gentlemen and Ms. Pierce. This is a big day for the plaintiffs. Mr. Davis, you have been trying to get this deposition of this witness for quite some time, haven’t you?”

Davis stood and responded to the court: “Yes, sir. I’m glad the court ordered this deposition to take place here in the courthouse. I anticipate the witness will be uncooperative and unresponsive.”

Pierce jumped to her feet and almost screamed her objection. Davis was baiting Pierce, and it worked. Pierce argued that Dr. English surrendered himself and that he would respond to all appropriate questions under the Rules of Civil Procedure.

At that moment, Sheriff Buford Dudley of Hewes County led Dr. English into the courtroom. The handcuffed English was dressed in an orange jumpsuit with “Hewes County” written on the back.

Davis couldn’t resist asking, “Is that your cooperative witness, Ms. Pierce?”

Everyone in the room knew Sheriff Dudley. He addressed Judge Boxer: “Morning, Your Honor. Judge Lewis sends his respects and asked me to tell you that the prisoner has to be back at the Hewes County jail by six. I would ask that I be permitted to leave your courtroom no later than five fifteen so I can comply with his order.”

“Buford, that’s a reasonable request, and we certainly don’t want to upset Judge Lewis. I appreciate your cooperation in transferring your prisoner here today on such short notice. Mr. Davis, this deposition will end at no later than five fifteen. Do you understand, sir?”

“Yes, sir, but to accomplish that, may I request that we go over the ground rules to avoid unnecessary arguing and wasting of valuable time?”

“That’s an excellent suggestion. Dr. English, you’re to answer all of Mr. Davis’s questions unless Ms. Pierce objects. Ms. Pierce, I suggest you sparingly use your right to object, not only because Rule 26 is broad and favors discovery but also because this witness has already been held in contempt for failing to appear at this deposition.”

Davis stood and asked if he could ask a question of the court. Boxer nodded, and Davis said, “Your Honor, in light of your comment, it is my understanding that my questioning of Dr. English will not be limited to his care and treatment of Mrs. Malone but may also include Dr. English’s whereabouts for the last year and why he refused to follow the orders of this court.”

“Mr. Davis, there is a reasonable probability that the Malone case will go up on appeal to the Court of Appeals. One of the issues that will be presented is my order finding Dr. English in contempt. I still have not sentenced Dr. English for his contempt, and therefore his whereabouts and his decision to fail to appear are relevant to determine an appropriate punishment and for the Court of Appeals to review my ultimate ruling.”

Boxer looked hard at Dr. English. “Doctor, how you conduct yourself during this deposition will affect my ruling on your contempt. Mr. Davis, have the court
reporter swear the witness and let’s begin. Buford, please remove Dr. English’s restraints.”

Davis opened: “Dr. English, the last time we were together was September 27th of last year, wasn’t it?”

“I don’t remember the date. If I recall correctly your arm was in an immobilizer, wasn’t it?”

Davis held back his anger, but it wasn’t easy. “While you were on the run, you provided your counsel with affidavits that were notarized in South Carolina and Pennsylvania. What were you doing in those states?”

“I was sightseeing.”

“So you were living with the Amish. I’m sure you fit right in. Were you working as a medical doctor in either of those states?”

“Thanks to Judge Lewis and you, I’ve not practiced medicine anywhere in over six months.”

“Have you worked in any capacity in the last year?”

“I did odd jobs for cash.”

“Did your employers have your social security number?”

“No. Are you going to call the IRS and have me arrested for income tax evasion? I only made $1,000.”

“You don’t like me very much, Doctor, do you? Did you hire two thugs to come to my office and beat me up? Did you call my house on September 22nd at six thirty and speak with my wife? Did you call my office on that same date and hang up on me?”

Pierce objected: “Your Honor, Mr. Davis has just asked the witness four questions. He’s not letting the witness answer.”

Boxer sustained the objection and told Davis to repeat each question and wait for the answer.

Dr. English admitted that he didn’t like Mr. Davis:
“You’re just not one of my favorite people.” He denied any knowledge of either the phone calls or Mr. Davis’s “unfortunate beating.”

“Doctor, do you have any personal knowledge of certain evidence in the Plainview cases that was stolen from my office?”

“Was it your property to steal?”

“Answer my question. Do you have knowledge of or did you participate in that break-in?”