Once Andy and Barb are seated inside the conference room with the doctors, Dr. Wrightson takes the lead.
"It is fantastic news that she has come out of the coma. Her first words were to a hospital volunteer who was tidying up the room and Dr. Lucent just conducted an initial neurological evaluation. She exhibited very promising cognitive signs, but I will turn this over to Dr. Lucent to explain her condition."
Dr. Lucent takes over. "As is typical with a brain injury, Amanda has amnesia, which currently is very significant. She is oriented to understanding basic things around her and can handle present cognitive functions, but she has no memory of the jet crash, who her parents are, where she lives. Except she did ask to see Justin.”
Lucent notices that Andy has a quizzical look on his face, but he forges on.
“This could be temporary and her memory could start coming back slowly day by day, or it could be more long term. We just don't know. We will have to work with her to see if we can coax these memories back. I want to do a thorough neuro-evaluation, but I can do that after you are introduced to her. And yes, I mean introduced because she probably won’t know who either of you are."
"Is there anything we should be doing as her family to help her? I mean, especially about her amnesia?" Barb asks.
"Oh certainly. Empirical data shows that talking with her and sharing pictures of family members and past events can help bring memories back to the conscious state. However, I can tell you, based on my experience, patients vary. Memories could come back within days, weeks, months or never, unfortunately. I am far past predicting these things, as the brain still holds a lot of mystery. I have a special interest in near-death experiences or NDEs."
Dr. Wrightson shoots a disapproving look at Dr. Lucent.
“Peter, can you give them further guidance about memory loss?” Dr. Wrightson directs the discussion away from NDEs. Unbeknownst to Andy and Barb, Wrightson and many of the other doctors at Loudoun Memorial aren’t happy with Lucent’s personal obsession with near-death experiences.
Barbara looks curiously at the faces of each doctor and then asks: "Will seeing her close family and friends and talking with them help jog her memory?"
"Certainly won't hurt, and hopefully will help." Lucent responds. He then explains that family members should be escorted into Amanda’s room by one of the nurses to observe her reactions.
“I will evaluate her further tomorrow morning. Let’s withhold any information about the jet crash, her parents and their deaths. She is too fragile for that.” Lucent says. “Actually, I’ll go back to the room with you.”
One of the nurses leads the three of them into Amanda’s room and Andy and Barb both stand bedside while Amanda stares at them. Dr. Lucent stays near the entry door with the nurse.
"Where's the kid with the four guys on his T-shirt?" Amanda asks all of them.
"Amanda, I am your Aunt Barb. Do you remember me?"
"No.”
"I’m your dad’s sister."
“Hi Amanda, I’m your Uncle Andy. Do you recognize me?”
“No. And I really don't want to talk to either one of you right now. Where's that guy? You, the doctor near the door, where is he?”
The doctor leans in and whispers to Barbara. "With someone who has a brain injury it's best not to push. Also remember that they will say strange things. Impulsive stuff, so don't be surprised."
"I don't like people telling secrets. What are you hiding from me?"
“Nothing,” Lucent says.
Barb turns to make eye contact with the doctor and then follows him out into the hall.
“Where should we start?” Barb asks.
“Bring lots of pictures of her family. I may refer to some of them in our sessions too, if you leave them here.”
“Sure, I’ll go by their house and collect some stuff,” Barb says.
"How can we start showing her pictures but still keep from her that her parents were killed in the crash?" Andy chimes in.
"She doesn't have these events in sequence like you think she does. Her brain has been scrambled. It's okay to show her pictures, just don't talk about what has happened to her parents yet. I'll deal with that in her therapy. I will break the news to her very soon, but in a way that works. Possibly later today, or tomorrow morning." Lucent says.
“Oh, okay,” Andy says, secretly glad he doesn’t have to do that tightrope walk.
Chapter 12
First Session
“Do you remember anything about your accident?” Dr. Lucent asks.
“I remember being dead, but nothing about any accident. Like, stuff flashed through my mind and I knew I was dying. But I don’t remember how I almost died. I know something really bad happened by the way everyone’s acting, so… are you going to tell me now, or just keep asking mysterious questions? Did I drive my car off the road or smash into somebody?”
“Do you remember what kind of car you drive?”
"No. Why won't you guys let me see Justin? I want to see my brother. What about my parents? No one is saying anything about them. Are you going to tell me where they are or when they’re coming to see me? Oh, something just popped in my brain. Four Dorothys. There are Four Dorothys and they all are dressed the same. I was with them and that’s one of the last things that happened I think."
“Last things?” Lucent prompts her.
“Yeah, before they were drilling into my skull.”
“What do you remember about that?”
“I just remember feeling it. Watching them from up above. Oh, I guess that doesn’t make any sense. But, you asked me. And that’s when I saw the four Dorothys.”
“Do you know who the Dorothys are? Are you referring to the Wizard of Oz movie?”
“Blue and white dresses.” Amanda’s eyes begin to dart around the room. Lucent is staring at her. She appears deep in thought. “I don’t know if I knew the others, but we all look the same in blue and white dresses. We had baskets for the little dog.”
“You mean for Toto?”
“Yeah! We all had baskets for Toto. I was one of the Dorothys, we were all floating, or flying I guess.”
“Amanda, what you are describing is a near-death experience, or NDE for short. They can be real things that happened to you, or fantasies that incorporate portions of your life into the recollection.”
Lucent has been warned by Andy and Barbara about Justin. It is important that he prod Amanda's memory rather than confront her about him. He decides to dig deeper.
"Tell me about Justin. Why do you want to see him so badly?"
"I make him laugh. I like playing with him. I'm much older so, you know, there's no competition. I just like to do stuff with him."
"What kind of stuff do you like to do with him?"
Amanda thinks a second or two. "I know I read picture books to him. I guess it’s not really reading since the pictures are the main deal. I can't remember much of anything else right now."
"Do you remember why your parents decided to have another baby?" he asks.
There is no response, just a glazed-over look in Amanda's eyes. Lucent refuses to talk, wanting to find out as much as he can and as early as he can.
"No." Amanda finally says.
"Would you be surprised if I told you that you don't have a brother named Justin?"
“Now you’re the one who sounds crazy. Just ask anyone in my family."
Dr. Lucent has been trained never to confront a patient with deep-seated delusions like Amanda's. He wants to be gentle.
"I've spoken to your Uncle Andy and Aunt Barbara, and I've asked them to verify some of the records as well. There's no evidence that your parents had any children besides you. Is this possibly just a dream you've been having?"
"No, it’s not a dream, he's my baby brother. I know it. I used to do lots of things with him. Read picture books, play with his toys with him."
Lucent pretends to help her recollect what he already knows is fantasy. "Can you recall Justin’s room
in your house?"
"No, just the one time I was reading to him when he was really little. It hurts when I try to remember."
"We’ll work through this. You had an amazingly significant impact to your skull and to tell you the truth, it’s a miracle you survived. Every day you'll get better."
“Are my parents dead? That’s why my aunt and uncle are here but not them, right? And don’t lie to me.”
Lucent has noticed that Amanda lacks typical emotion and manifests an effect of detachment that can occur with her type of injury, so he knows her reaction will not be normal.
“You were all on a commuter jet that crashed traveling from Washington to New York. Of everyone on the plane, you are the only survivor. It’s terribly tragic. We are so sorry for you and your family.”
Amanda says nothing for a few seconds. “How come I survived?”
Lucent does not know whether this is survivor guilt or just a simple question from a girl suffering from amnesia.
“We honestly don’t know. You were unconscious, but had a pulse. You were airlifted from the crash area. There are all kinds of reporters here who want to talk with you or just get pictures of you. Stories about the crash and your survival have been all over the internet and in the newspapers.”
“That’s why I have this halo on my head.”
“That’s right. You fractured your neck, and you are fortunate you have full use of your arms and legs. Anyhow, we covered a lot. I want you to rest tonight and I’ll come back tomorrow. You have nice family members who have been here around the clock, watching out for your best interests. I’m astounded with how well you are progressing. I will see you tomorrow morning.”
Chapter 13
Preservation Motion
It’s Angie who reminds him that but for the fact that his family was involved in this jet crash, he would have been down at the courthouse within 24 hours after being retained by a client, seeking to preserve every bit of evidence from this crash.
What is torturing Andy is that this would likely take place even before his brother and sister-in-law’s funerals. Finally, he concludes that if he would do it for a third-party client, how the hell could he justify not doing just as much for his own family. As he is preparing to file a motion to preserve, his senior partner calls him.
“Andy, don’t just file the motion, file a complaint for your niece’s injuries. You would just be creating more work for yourself not to file the injury complaint along with the motion to preserve now.”
“But we don’t have any hard evidence from the NTSB or the FAA.” Andy responds.
“Jets don’t crash without a mechanical failure, Andy. You know it, I know it and the judge will know it. The law doesn’t require us to have all of the proof in advance.” That seals it for Andy, and they rush the injury complaint and the motion to court.
At the courthouse, Andy vaguely recognizes a couple faces, and then sees Perry Carson. Carson catches his eye and walks toward him.
“Andy, just for background, not for quotation: What do you think is going to happen today?” he asks.
“Well, my motion to preserve evidence is on the docket. The defense agreed to the hearing on far less than normal notice so I’m not sure what Franklin may have in mind.”
“Franklin told me he’s not agreeing to anything. What about that?”
“Really? Anything to obstruct. You know what their game is all about. And that is not for attribution.”
Andy makes his way to the front of the courtroom and spreads the papers out in front of him on one of the attorney tables. Paul Franklin, already seated at the nearby counsel table, steals a glance over at Michaels.
Franklin has a history with Andy, having defended the 9/11 crash case for almost four years. They are like generals who have met on a battlefield before, acrimonious prior skirmishes between worthy opponents.
The bailiff loudly announces, “Oyez, oyez. Please rise, the Honorable Judge Rhonda Easton is now presiding. All those having pleas to prosecute shall now be heard.”
A tall, thin African-American woman in a black robe enters the courtroom from behind the bench.
“You may be seated. Is everyone here? Please introduce yourselves and your clients for the record,” the judge states.
“Andy Michaels, for the estate of Rochelle and Ron Michaels and on behalf of Amanda Michaels.”
“Paul Franklin of Leftwish and Franklin, counsel for Hemispheres.”
“Counsel, are we ready to proceed?” The attorneys both nod in agreement.
“All right Mr. Michaels I’ll hear from you on your motion to preserve.”
Andy stands again and begins. “Judge Easton, may it please the court. My firm has been retained to represent the interests of Ron and Rochelle Michaels, who died in the Hemispheres crash. We filed this motion to ensure that Hemispheres preserves evidence in the crash, and that the victims’ families will have access to important materials including the event recorders, personal possessions, and any other items that Hemispheres currently controls. We also want to be sure that there is no testing, no alteration of any of the evidence, and so forth.
“Mr. Franklin informally agreed to some of these items but we’d like a court order entered immediately so there are no questions down the road. At the appropriate time we hope to have an aviation expert analysis done as part of our investigation.” With that Andy sits, knowing judges appreciate brevity.
“Thank you Mr. Michaels. Mr. Franklin?”
“Judge we don’t have a problem with most of Mr. Michaels’ motion to preserve. But we think it’s burdensome and will keep us from doing some expert testing. Also, he wants us to have the evidence available in some kind of warehouse, but we want all testing done where the items are located now. We also object to producing the event recorder printouts within seven days, which does not give us enough time to have the results analyzed by our experts first. Lastly, he lists items that may not even exist, as the physical evidence is still being catalogued and Homeland Security agents are still exercising jurisdiction over everything. So we ask that you deny everything except what both sides already agreed on, which is outlined in our response.” Franklin ceremoniously drops his papers on the table and sits down.
The judge fiddles with her reading glasses and sets them down. “Mr. Michaels, any brief rebuttal?”
“Your Honor, there’s no real defense to our motion to preserve, we would ask that you enter the order we submitted and overrule any delay that Mr. Franklin seeks to impose on us and anyone else who decides to file a claim. There is no reason why he can’t have the event recorder printouts to us within seven days, and then I can work with him on our experts getting access to the physical evidence.”
“On the motion to preserve I am going to grant most of Mr. Michaels’ requests. A few of them go too far, but the physical evidence from the crash needs to be maintained for expert inspections. I’ll mark up this order and then you can have it entered at the clerk’s office. Thank you, gentlemen.”
Some judges ask the attorneys if there is anything else. Not Judge Easton. After handing the file over to the courtroom deputy clerk, she disappears through the door behind the judge’s bench.
As they pass each other at the swinging double doors in the back of the courtroom Franklin turns to Andy. “My condolences to you and your family, and I mean that.”
Andy shoots a cold stare back at Franklin. Is that professional courtesy? Can I really take him seriously? Cold-hearted, defense prostitute of a lawyer. Franklin uses every legal trick in the book. Never actually broke a promise to me, Andy admits, but he almost never makes any either. Andy knows why companies like Hemispheres use Franklin. He looks good in front of juries, doesn’t take outrageous positions like some insurance lawyers. He is masterful at making cases about anything but human loss and suffering. Make it about legal defenses, stumbling blocks, maneuvers that assure no jury will ever pass on the human toll. And, unfortunately he’s good-looking too, kind of Brad Pitt mixed wit
h a little Clint Eastwood poured into a 50-year-old barrister.
“Thanks. It isn’t going to change how hard I’m going to go after your client.”
“I would never assume any less of you.” Franklin says as they separate in the hall.
Chapter 14
Undercover
Easy money, the former SEAL thinks to himself. It's like hiring a plumber. You’re paying for their experience, even if they really don't spend a lot of time solving the problem. But you can't do it yourself, so it’s worth the money. That’s why Franklin hired him.
Pitch dark. There's barely any light in the alley behind the Georgetown law firm. He sits in his SUV with the lights out and scans the narrow alley ahead. It's 3 a.m. and he knows there should be nobody on the street, but some of the row houses facing the alley on the opposite side have a few lights still on. For $350 an hour this is pretty low-risk work, especially compared to what he used to do on the SEAL team for a fraction of that per hour.
He taps the accelerator enough to crawl up directly beside four large trash cans conveniently marked with the street number for the law firm. He lifts the hatch of the SUV and takes out eight large trash bags full of shredded paper. He lifts the lid of the municipal trash cans, pulls out several trash bags from each and places them into the back of his SUV. Then he places the bags he brought into each of the receptacles. It's just a backup measure. Somebody from the firm will throw some other bags in there tomorrow, he figures.
Trash isn’t private. It's sitting on the curb and heading for a refuse dump. Ryan prides himself on clean private investigations. He knows where the legal line in the sand runs and will step right up to it. Should be interesting to see what turns up in all this crumpled up discarded trash.
The next day he sits at the head of a long rectangular table in his basement home office. Crumpled up piece of paper by crumpled up piece of paper, he pours through each and every item. Dunkin’ Donuts discarded breakfast. Coffee remnants. Bills and invoices. And many marked up legal drafts. Part investigator, part archaeologist on a dig.
Taming the Telomeres, a Thriller Page 5