Let Darkness Come (26 page)

“Y
our Honor, the defense calls Dr. Pamela Lu to the stand.”

As the petite psychologist enters the courtroom and walks toward the clerk, Briley gives her nervous client a smile.

“How'd I do?” Erin whispers, the corners of her eyes crinkling.

Briley scratches a note on her legal pad.
You did fine. Now you can relax for a while
.

Briley glances at Bystrowski as the clerk administers the oath. His postponement of Erin's cross-examination caught her by surprise; she had been braced for a sharp counterpunch. What is he planning?

After Dr. Lu settles in the witness chair, Briley stands and moves to the lectern. “Dr. Pamela Lu, what is your occupation?”

“I'm a forensic psychologist. I have earned degrees in forensic psychology and medicine.”

“So you've earned two Ph.Ds?”

“One M.D., one Ph.D.”

“And those degrees equip you to do what?”

“Examine suspects and convicted criminals, then offer testimony about their physical and mental states. I am typically engaged to help lawyers determine whether or not a suspect is capable of forming the necessary mens rea for a crime.”

“In other words, you help lawyers determine if defendants have malicious intentions, correct?”

The doctor glances at the jury and smiles. “Yes, that's right.”

“Do you work for prosecutors, as well as defense attorneys?”

“Absolutely.”

“Are you being paid for your testimony here today?”

“I am being paid for my time. No one has told me what to say.”

“Were you engaged to examine the defendant, Erin Tomassi?”

The doctor glances at the defense table where Erin sits. “Yes, I was.”

“Why were you hired to examine her?”

“Such exams are standard for a murder case. A conviction of first-degree murder requires that the killer form an intention to commit the crime. Because of several factors—Mrs. Tomassi's status as an abused wife, the involvement of sleeping pills, the possibility that the death was an accidental overdose—the defense wisely questioned whether Mrs. Tomassi was able to form the necessary intent to kill. Furthermore, after a brief interview with Mrs. Tomassi, I thought it might be possible that she suffers from a delusion.”

“Delusion?” Briley glances at the jury to make sure they're following the testimony. “What do you mean by
delusion
, and why should Erin Tomassi suffer from one?”

Dr. Lu steeples her fingers. “In psychological terms, a delusion is a strongly held belief that contradicts demonstrable reality…and, after further investigation, I don't believe Mrs. Tomassi clings to any delusions. Her grip on reality is quite firm.”

“So you believe she's mentally competent?”

“I do.”

“What made you think she might suffer from a delusion?”

The psychologist smiles, obviously understanding that these things must be painstakingly explained to the jury. “Mrs. Tomassi,” she says, her voice calm and soothing, “was a solitary child and an unhappy wife. It'd be perfectly natural for her to seek an outlet for her innermost thoughts. In child
hood she entertained herself by talking to an imaginary friend. In adulthood, Mrs. Tomassi occasionally finds comfort by talking to that same friend. But she knows she's not talking to an actual person.”

Briley looks at the jury and feigns surprise. “Isn't that sort of thing—well, isn't it crazy?”

“I don't think it's much different from a man or woman who talks to the family dog. We humans are social creatures—we yearn to project our emotions and feelings onto whatever is around to hear us. Remember the Tom Hanks character's attachment to Wilson, the volleyball, in
Cast Away?
Unfortunately, as a child, Erin Tomassi had no pets, no close friends, and her only sibling, a brother, was moved to a facility for special-needs children. To ease her loneliness, she invented an imaginary friend.”

“Did you examine the defendant to ascertain whether or not this so-called attachment was a symptom of something more serious? After all, most of us have seen movies about people with multiple personalities….”

“What used to be called multiple personality syndrome is now referred to as dissociative identity disorder, and no, Erin Tomassi does not suffer from DID. This condition is found in people who have endured terrible trauma as children, usually sexual abuse. As a child, Mrs. Tomassi was neglected, not abused. I found her to be a pleasant, unassuming woman suffering from grief and confusion as a result of her husband's sudden death and her own incarceration.”

Briley locks her hands behind her back and studies the jury. Most of them are wearing confused expressions that clear somewhat as each juror reaches a level of understanding. When she is reasonably certain the jurors believe that Erin is neither irrational nor insane, she faces the psychologist again. “Dr. Lu, are you aware of the prosecution's theory claiming that Erin Tomassi killed her husband with a massive injection of insulin and then calmly tossed the syringe into a nearby wastebasket?”

“I am.”

“Based on your examination of my client, are you able to support this scenario?”

The doctor's mouth twists in a smirk. “No. After suffering at her husband's hands, Erin took a double dose of Ambien that night. Under normal conditions, it's highly improbable that she'd be able to rouse herself at all.”

“But her fingerprints are on the syringe. Can you think of a way to explain
that?
”

Dr. Lu's eyes narrow. “Frankly, I can only think of one.”

Briley shifts her position to keep an eye on the jury, because they must understand this element of her defense. “What is your explanation for a locked house, a sleeping wife, and a dead husband?”

The doctor scans the jury box before replying. “Medical literature documents several cases in which the prescription drug Ambien caused irrational episodes in patients—many have climbed out of bed and strolled to the kitchen for a snack, some have walked outside, others have even unlocked their cars and gone for a drive. While under the influence of the drug, it's entirely possible that Erin Tomassi got out of bed, filled a syringe with insulin, and gave her husband an injection. Under the control of her subconscious, she may have even acted out of an impulse to assist him. While we cannot be sure of her unconscious motivation, there is no evidence to suggest or support malicious intention.”

“How can you say that with such certainty?”

“Because she made no effort to conceal her activity. She did not wipe her fingerprints from the syringe or the bottle. She made no effort to hide the syringe. She simply got back into bed, pulled up the covers, and went to sleep.”

“Must a person possess malicious intent in order to be convicted of first-degree murder?”

A hush falls over the courtroom, the almost palpable silence of waiting.

“In this country, yes.”

Briley smiles. No matter what happens in this trial, that statement should be enough to prevent Erin from being sentenced to death by lethal injection.

“Thank you, Doctor. We have no further questions for this witness.” She lifts her chin as she returns to the defense table. Let Bystrowski grill Dr. Lu during the cross. He may leave the jurors wondering if Dr. Lu is qualified to question a cat, but he'll never convince them that Erin deserves to die.

 

“Miss Lester?”

During the midafternoon recess, Briley turns and sees a tall, thin man standing in the aisle of the gallery. A tuft of thinning white hair spills onto his forehead as he smiles and extends his hand. “Kenneth Sparks, M.D. You asked me to testify on behalf of the defense.”

“Thank you for coming…and for working with Kate.” She steps forward, grateful that he remembered to show up. She called his office over a dozen times, begging for an hour in which she could help him prepare his testimony, but the doctor insisted he was too busy. Finally she sent Kate, who booked a patient appointment and reviewed the doctor's testimony in one of his exam rooms.

“I'm so sorry I wasn't able to meet with you,” he says, shaking her hand, “but your assistant apprised me of the issues involved. I've testified in court many times.”

“But not in
this
case.” The words slip from Briley's tongue, a spillover of her frustration.

He waves her concerns away. “Don't worry. I reviewed Mrs. Tomassi's chart before coming over.”

She is about to tell him he'll be free to leave after his testimony when a door at the front of the courtroom opens, revealing Erin and her escort. “Excuse me,” Briley says, turning. She meets Erin at the defense table, then leans down to whisper in her ear. “Your doctor's arrived.”

Erin turns toward the gallery. “Which doctor?”

“Dr. Sparks.”

The bailiff barks a command: “Be seated and come to order.”

Briley opens her trial notebook as Judge Trask assumes his place on the bench and waits for the shuffling to cease. After the bailiff brings the jury back in, Briley rises and moves to the lectern. “The defense calls Dr. Kenneth Sparks to the stand.”

The doctor strides forward, offering a brief nod of acknowledgment to the watchful jury. After being sworn in, he folds his hands and adopts an almost paternal pose. The effect is a good one. Without saying a word, his demeanor and confidence have done a lot to establish his testimony as trustworthy and credible.

“Dr. Kenneth Sparks,” Briley begins, “you are a family physician in Chicago, correct?”

“My office is in Lincoln Park,” he says, looking every inch the kindly grandfather. “I've been practicing medicine in that community for thirty years.”

“Are you acquainted with the defendant, Erin Tomassi?”

“She's one of my patients.”

“Have you treated her often?”

“I've seen her on several occasions. Annual checkups, that sort of thing.”

“Do you ever recall seeing Mrs. Tomassi when she came to your office for something other than a checkup?”

His mouth spreads into a thin-lipped smile. “I remember one specific occasion. Mrs. Tomassi presented with pain in her side and difficulty breathing. An X-ray revealed two broken ribs.”

“Did she mention how she obtained those broken ribs?”

“She told me she fell down the stairs.”

“Did this seem strange to you?”

The doctor shrugs. “She had other contusions which seemed to support her story—bruised knees, elbows, and a large bruise at her jawline. I asked how she came to fall down the stairs, and she said something about having two
left feet. I specifically remember sitting beside her and asking if there was anything else I should know. She insisted that all was well.”

Briley studies the jury. “I have to ask, Doctor—was Erin Tomassi's husband with her during that visit?”

A tremor touches the man's pale lips. “Yes, Senator Tomassi was with his wife. I asked if he wouldn't be more comfortable in the waiting room, but he insisted on remaining with his wife. He was quite…determined.”

Briley proceeds carefully, not wanting to cast blame on the doctor for not intervening aggressively. She needs to keep him—and the jury—on her side. “After that particular examination, Dr. Sparks, were you able to draw a conclusion as to the cause of the injuries to Erin's bruised knees, elbows, face, and broken ribs?”

The doctor's valiant attempt at remaining professional is marred by a sudden thickness in his voice. “I wish I had been able to speak to her alone. I had my suspicions, but that's all they were—suspicions. On the surface, Erin seemed a lovely, content woman and the senator a devoted husband.”

Briley turns to the jury box and scans the fourteen faces. Are they hearing what she wants them to hear? Do they understand?

“Dr. Sparks—” she softens her tone “—did Erin Tomassi come to see you about six months ago?”

“Yes. She came alone and said she was unable to sleep. I prescribed zolpidem tartrate, commonly sold as Ambien.”

“Did she say why she was having trouble sleeping?”

“I didn't ask.”

“After you gave her the prescription, did she complain of any side effects from the drug?”

“Not to my knowledge.”

“Are you familiar with published literature in which others have complained of side effects when using Ambien?”

“Yes. Some patients have exhibited parasomnia while taking the drug.”

“For the less medically inclined among us, can you define
parasomnia?
”

“Literally, the word means ‘outside sleep.' Parasomnias are odd or unusual activities that occur while an individual is sleeping. These include sleepwalking, sleep talking, nighttime terrors, REM behavior disorders, and nocturnal dissociative disorder.”