by A. Turk
AMAZON REVIEWS OF
FIRST DO NO HARM
BY A. TURK
This was one of my top picks. I was spellbound and couldn’t put it down. First Do No Harm was Grishamesque. Loved it.
Kept me up reading ’til four in the morning. It speeds along and the suspense keeps building. This book totally helped me understand on emotional and technical levels the realities of being a lawyer. The characters are complex and intriguing, the story more so. As a plus, I got a small thrill every time I recognized a Middle Tennessee locale that was mentioned.
I am not an attorney but Mr. Turk was able to make the law and the procedures of the law understandable and very interesting. The characters in the novel were well represented. Mr. Turk was able to define the relative differences among the adversarial attorneys, who was professionally upright and others being dishonest and indifferent. I felt the emotional distraught of the plaintiff attorneys and those they represented. I look forward to the next book in the Davis series by Mr. Turk.
I was with Davis every step of the way! And I was in that courtroom with bated breath waiting for the verdicts. What an excellent read.
I can’t wait for the next books in this series. I have dealt with some lawyers like the ones in this story.
This was one of those books that tend to be hard to put down. It centers on a young lawyer that takes on a malpractice case in a small town. I would like to read more by this author. I highly recommend this book to anyone.
First Do No Harm was a great read. I love a book with numerous plots and this one delivers. The story and characters were very believable. I look forward to reading more in the Benjamin Davis Book Series.
This book grabbed hold and didn’t let go until the very end. I was driven to see how it ended and then disappointed that it was over. I can’t wait for this author’s next book. Hard to believe it was a first book. Seemed to be written by a seasoned author. Move over, John Grisham!
Couldn’t put this down. I felt as if I was reading a true life documentary. The writing just flowed. Everything felt so real. Anyone who likes legal fiction has to read this. Can’t wait for the next book to come out.
As cliché as it sounds I couldn’t put it down. All those courtroom dramas on TV wrap things up nicely in an hour or two and the average Joe has no idea how much time and research go into a lawsuit. This should convince everyone to settle quickly out of court.
What an enjoyable book! I found myself making comparisons to parts of “The Lincoln lawyer.” Held my complete attention for the entire book.
A superb book from beginning to end! It was one you couldn’t wait to see how it ends, but you don’t want it to end!
Great first book; couldn’t put it down for long. Can’t wait to read his second book and hope he is working on a third!
Second
Degree
A Benjamin Davis Novel
A. Turk
Copyright © 2014 by Alan Turk
All rights reserved. No portion of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means—electronic, mechanical, photocopy, recording, scanning, or other—except for brief quotations in critical reviews or articles, without the prior written permission of the publisher.
Second Degree is the second novel in the Benjamin Davis Series by author A. Turk. The story is a work of fiction, based upon and inspired by actual cases prepared and tried by Alan Turk, a prominent Nashville attorney. For the purposes of dramatic effect and to protect those involved in the underlying cases, the names of the parties have been changed, as have certain incidents, characters, and timelines. Certain characters may be composites, while others are entirely fictitious.
ISBN: 978-0-9892663-3-8 (paperback)
978-0-9892663-4-5 (ebook)
Cover design by Dan Swanson • van-garde.com
Book design by Darlene Swanson * van-garde.com
CAST OF MAIN
CHARACTERS
Davis Family and Team
Benjamin “Ben” Abraham Davis—protagonist
Sammie Annabelle Davis—niece of Davis, paralegal/attorney
Liza Davis—wife of Davis
Caroline Davis—daughter of Davis
Jacob ”Jake” Davis—son of Davis
Morty Steine—legal and ethical mentor of Davis
Bella Rosario—longtime secretary of Steine and Davis
Dr. John Caldwell—Davis’s father-in-law and Steine’s cardiologist
Nichols Family and Team
Dr. Peter Nichols—cosmetic dentist, employer of Charlie Garcia
Lillian Nichols, deceased—mother of Peter Nichols
Peter Nichols Sr., deceased—father of Peter Nichols
Helen Nichols—wife of Peter Nichols
Albert Nichols—demented brother of Peter Nichols
Donna Burns—office manager of Nichols & Garcia, PC
Dr. Anita Dowdle—replacement physician for Dr. Charlie Garcia
Rocky McCormick—head hunter who found Dr. Charlie Garcia
Eden Family
Robyn Eden—victim, girlfriend of Charlie Garcia
Senator Valerie Daniels—sister of Robyn Eden
Garcia Family
Charles “Charlie” Juan Batista Garcia—antagonist, defendant
Señor Eduardo “Eddie” Miguel Garcia—father of Charlie Garcia
Maria “Kiki” Christina Batista Garcia—mother of Charlie Garcia
Attorneys and Judge in Civil Cases
Amy Pierce—attorney for Charlie Garcia in criminal case and before Medical Licensing Board
David Barton Harrelson—Garcia family attorney
Larry Pinsly—representative of Tennessee Mutual Insurance Co.
Lester Paul—attorney for Charlie Garcia in the Perkins and Howard cases
Robert “Bob” Sullivan—attorney for Nichols & Garcia in the Perkins and Howard cases
Jackson “Jack” Willis—attorney for plaintiffs in the Perkins and Howard cases
Karl Maddox—attorney for McCormick & Associates in the Perkins and Howard cases
Assistant District Attorney Jill Hoskins—Hewes County DA
Judge William “Billy” White—judge in the Circuit Court of Davidson County in the Perkins and Howard cases
Hewes City Police, Sheriff’s Office, and Paramedics
EMT Louis Mackey—older paramedic who responds to 911 call
EMT Willie Whatley—younger paramedic
Officer Bobby Pew—senior officer responding to 911 call
Officer Donald Dawson—officer who remained at apartment
Chief Detective Kristin Haber—in charge of Garcia criminal investigation
Sheriff Buford Dudley—Sheriff of Hewes County
Patients of Dr. Garcia
Denise Alder—ex-wife of Dr. Frank Alder
Anna Perkins—sex partner of Charlie Garcia, plaintiff
Christy Howard—sex partner of Charlie Garcia, plaintiff
Jefferson County, Kentucky
Judge Corey Olsen—Jefferson County Criminal Court
District Attorney Peter Taylor—prosecuted Charlie Garcia
Alan Baxter—Charlie Garcia’s probation officer
Medical Licensing Board
Judge Thomas Booth—administrative law judge
Randi Hecht—administrative prosecutor
Dr. Frank Alder—Medical Licensing Board panel member
Judge and Witnesses in Garcia Criminal Trial
Judge Joseph “Joe” Tanner—judge of the Criminal Court of Hewes County
Dr. Randolph Mann—emergency room physician
Dr. Robert Townsend—treating psychiatrist of
Charlie Garcia
Dr. Thomas Barnard—treating physician of Robyn Eden
Dr. John Davenport—medical examiner of Hewes County
Dr. Lawrence Porter—addiction expert for defense
Dr. Brian Limbaugh—state’s psychiatric expert
Dr. Gene Albertson—defense DNA expert, impeachment witness
Danny Nix—drug dealer, impeachment witness
A Legal Glossary has been included in the
back of the book to assist the reader with legal terms.
To Lisa, thank you for a lifetime of love.
The last year’s been the best yet.
CONTENTS
CHAPTER ONE: OVERDOSE
CHAPTER TWO: A HARD GOOD-BYE
CHAPTER THREE: LIFE MARCHES ON
CHAPTER FOUR: THE READING OF THE WILL
CHAPTER FIVE: SEEKING A NEW PARTNER!
CHAPTER SIX: THE SEARCH BEGINS
CHAPTER SEVEN: TOUGH NEGOTIATIONS
CHAPTER EIGHT: HOUSEWARMING
CHAPTER NINE: A REAL CHARMER
CHAPTER TEN: INTEROFFICE POLITICS
CHAPTER ELEVEN: MERRY CHRISTMAS
CHAPTER TWELVE: A WELL-CONCEIVED PLAN
CHAPTER THIRTEEN: OVERSLEPT
CHAPTER FOURTEEN: INAPPROPRIATE BEHAVIOR
CHAPTER FIFTEEN: TROUBLE IN PARADISE
CHAPTER SIXTEEN: THE DISAPPEARANCE
CHAPTER SEVENTEEN: THE JIG’S UP
CHAPTER EIGHTEEN: EGOMANIAC
CHAPTER NINETEEN: THE GUARANTEE
CHAPTER TWENTY: RESPONDENT SUPERIOR
CHAPTER TWENTY-ONE: TELLING THE STAFF
CHAPTER TWENTY-TWO: THE MESS GETS WORSE
CHAPTER TWENTY-THREE: SPANISH INQUISITION
CHAPTER TWENTY-FOUR: STRANGE BEDFELLOWS
CHAPTER TWENTY-FIVE: CHECKERED PAST
CHAPTER TWENTY-SIX: PROBLEMS NEVER STOP
CHAPTER TWENTY-SEVEN: A LIAR IS DEPOSED
CHAPTER TWENTY-EIGHT: THE POLYGRAPH
CHAPTER TWENTY-NINE: A CONTINUATION OF LIES
CHAPTER THIRTY: INNOCENT AS THE DRIVEN SNOW
CHAPTER THIRTY-ONE: BAD BLOOD
CHAPTER THIRTY-TWO: MEDICAL LICENSING BOARD
CHAPTER THIRTY-THREE: ESCAPE TO NEW YORK
CHAPTER THIRTY-FOUR: A TROUBLED ROMANCE
CHAPTER THIRTY-FIVE: THE DERBY
CHAPTER THIRTY-SIX: A DEAL IS CUT
CHAPTER THIRTY-SEVEN: THE HOSPITAL
CHAPTER THIRTY-EIGHT: SOME FRIENDS GET TOGETHER
CHAPTER THIRTY-NINE: A DEFENSE IS NEEDED
CHAPTER FORTY: YOU’RE UNDER ARREST
CHAPTER FORTY-ONE: A PAID FRIEND
CHAPTER FORTY-TWO: AN UNUSUAL REQUEST
CHAPTER FORTY-THREE: AN AWKWARD HANDOFF
CHAPTER FORTY-FOUR: A CHIP PLAYED
CHAPTER FORTY-FIVE: THE DEFENSE’S PLOY
CHAPTER FORTY-SIX: A CRITICAL HEARING
CHAPTER FORTY-SEVEN: THE CONSPIRACY MOVES FORWARD
CHAPTER FORTY-EIGHT: FINDING A LITTLE HELP FROM SOME FRIENDS
CHAPTER FORTY-NINE: AN INTERESTING FLIGHT
CHAPTER FIFTY: MOTIONS IN LIMINE
CHAPTER FIFTY-ONE: PICKING A JURY AND JURY INSTRUCTIONS
CHAPTER FIFTY-TWO: OPENING STATEMENTS AND THE FIRST DAY OF PROOF
CHAPTER FIFTY-THREE: AN HONORABLE DOCTOR
CHAPTER FIFTY-FOUR: A TOUGH COP BUT A BAD WITNESS
CHAPTER FIFTY-FIVE: A FOOLED PHYSICIAN
CHAPTER FIFTY-SIX: ABOVE REPROACH
CHAPTER FIFTY-SEVEN: WINDING DOWN THE STATE’S PROOF
CHAPTER FIFTY-EIGHT: A RESTLESS NIGHT AND A BROKEN WOMAN
CHAPTER FIFTY-NINE: A CONVINCING LIAR
CHAPTER SIXTY: A BIG DECISION
CHAPTER SIXTY-ONE: HIS OWN WORST ENEMY
CHAPTER SIXTY-TWO: A CROSS-EXAMINATION OF A LIFETIME
CHAPTER SIXTY-THREE: THE DEFENDANT’S EXPERT PROOF
CHAPTER SIXTY-FOUR: THE STATE’S FIRST CLOSING ARGUMENT
CHAPTER SIXTY-FIVE: THE DEFENDANT’S CLOSING ARGUMENT
CHAPTER SIXTY-SIX: THE LAST WORD
CHAPTER SIXTY-SEVEN: JURY CHARGE AND THE VERDICT
CHAPTER SIXTY-EIGHT: SENTENCING
CHAPTER SIXTY-NINE: CONFRONTATION WITH AN EX
CHAPTER SEVENTY: JUSTICE IS KINDA SERVED
EPILOGUE
GLOSSARY OF LEGAL TERMS
ABOUT THE AUTHOR
ACKNOWLEDGMENTS
CHAPTER ONE
OVERDOSE
July 4, 2000
The lovers finished at the same time; neither disappointing the other. Their bodies, wet with perspiration, momentarily stuck together as each deeply sighed with satisfaction. Robyn rolled off him, kissed him on his cheek, and quickly jumped from the bed. She picked up her cell phone and took four provocative pictures of herself.
She walked naked past him, forgetting to turn off the video camera, and then disappeared into the master bathroom. Charlie noted in the last few hours she’d disappeared in there several times.
Charlie, exhausted, tried to gather his thoughts to resume the argument. He refused to give up on her. He loved her and hoped she could straighten out and change her destructive ways.
He’d arrived Friday from New York and went straight from the Nashville airport to Hewes City, twenty-five miles away. He’d come at the request of Robyn’s sister, Valerie, to convince her she needed to go into rehab. He’d investigated the alternatives and settled on Cumberland Heights, a world-renowned treatment facility.
They argued for hours without any resolution, so he changed tactics and drank tequila straight up with a saltshaker and limes. He felt ashamed; however, he thoroughly enjoyed the sex marathon. He now knew it was a huge mistake to buy into her addiction.
She needed to slow down. It was like she was spinning out of control, and as that thought crossed his mind, she flew out of the bathroom. Charlie looked into her intense green eyes dilated like two large black olives surrounded by a green rim. She was high on something. Her shoulder-length auburn hair was up, revealing her exquisite neck and shoulders. He loved to kiss her neck; she responded favorably every time. She danced around showing off her sculptured body and taking photos of herself.
Charlie watched as she grabbed a pill bottle from her nightstand and downed the pill without water. He noticed for the first time a small amount of white powder and a syringe on the nightstand. He blinked and tried to make them go away. They didn’t.
She grabbed a large vibrating sex toy, posed, and took several more pictures. Charlie hoped the toy would satisfy her. His respite was broken when she spoke in rapid sentences: “Let’s go again! Let’s go again!”
In a weak protest Charlie reminded her, “I thought you had a splitting headache. Don’t you think we should take it easy? We just finished ten minutes ago. I really don’t want to take another Viagra. I’ve already taken the maximum dose.”
“I’m better,” she said. “My headache just disappeared. Let’s go again. Take the damn pill.”
Once in the bed she handed him the cell phone and demanded that he take photos of her clean-shaven pubic area. As he snapped, Charlie saw that she was bleeding in the femoral region. He yelled in an authoritative tone, “You’re bleeding like a stuck pig. Get some gauze and put pressure on it.”
He couldn’t believe she was self-injecting in her groin. She jumped out of frame, went into the master bathroom, and then returned to the bed and started dabbing between her legs with a gauze pad.
Charlie yelled, “No, put pressure on it!”
She did, and the bleeding stopped
Charlie got out of bed and looked out the window at the courthouse square. The town had constructed a makeshift bandstand. Facing the audience was the mayor at a podium with an American flag draped across it. There was a Norman Rockwellian feel to the scene.
Just then fireworks exploded in the sky, lighting the courthouse dome with the various colors pressed against the blackened sky. Charlie forgot his troubles and relished the beauty of the
moment.
Robyn grabbed him around the waist and brought him back to reality. She pulled him down onto the bed and planted a wet kiss a few inches below his belly button. She moved her lips the length of his body until they were nose to nose. She straddled him and began to rock back and forth. She was quick, less than ten minutes. At the moment she climaxed she stiffened and fell backward off the bed.
Charlie rushed to her side.
“Are you all right?”
She struggled to speak, “My chest feels real tight, like a hippo is sitting on it.”
He checked her pulse, which was racing. The color had drained from her face, and she was short of breath. He knew she was in distress. He started to call 911, over her protests.
“I need an ambulance at 512 4th Avenue immediately. I’ve got a twenty-seven-year-old female in cardiac arrest.”
She strained to crawl toward her nightstand, mumbling something about hiding her drugs. The effort was too much for her, and she collapsed facedown on the carpet.
He dropped the phone when her body hit the floor. He rolled her over, but she had little reaction. He checked her airway; it was clear. He put his second and third fingers on her carotid artery, looked at his watch, and counted to himself. Her pulse was racing, and her breathing was shallow, but evident.
She whispered, “Keep them out of my bathroom.”
He looked around the room. Dirty dishes were everywhere; they’d been eating takeout and having sex since he’d arrived on Friday. He thought about the bathroom. The master bathroom was Robyn’s drug haven. He’d intentionally used the spare bathroom, content to be blissfully ignorant. He knew he wouldn’t have time to sanitize the entire scene before the ambulance arrived.
He glanced over at Robyn’s nightstand; there were a pill bottle, syringe, mortar, and white powder strewn across it. Quickly using his cupped hand, he pushed the white powder into the nightstand drawer, and using a Kleenex, he wiped down the nightstand. He picked up the bottle, mortar, and syringe with the tissue and deposited them in the drawer carefully without leaving his fingerprints.
Charlie had more immediate problems, though. He needed to put on some clothes. He went to the other side of the bed and picked up his pants and shirt that were draped over a chair. He continued to watch Robyn as he moved around the room. Not bothering with underwear, he pulled on his pants.