From a Single Seed: A Novel

by Teri Ames

There was little traffic on a Tuesday night, so Barry pushed the speed limit a little and was able to make the drive to Brattleboro in just over two hours. He passed an Adams County Sheriff’s cruiser heading north an hour south of Middleton Falls. Probably returning from exiling his son. Barry pictured Sam in the back of the cruiser, angry and belligerent.

  At the facility, Barry waited at the admissions desk for half an hour, hoping he would be allowed to talk to his son. Finally, a nurse had come out to talk to him. She smiled while she explained that it would be better if Sam had a chance to settle in before seeing visitors. Barry left the duffle with her and drove home more slowly.

  When he got home at midnight, he just wanted to crash. Instead, he forced himself to review the depositions of the witnesses he expected for the third day. He also made some notes about the second day in preparation for his closing arguments. The three hours of sleep he’d managed hadn’t been particularly good quality.

  The clerk announced the judge and Barry rose to his feet automatically, coming out of his thoughts and back to the trial. Barry wondered how many more witnesses Fred was planning. He only hoped that he himself wouldn’t be expected to put on witnesses that day. He wanted to use his expert as his lead witness because he wanted to switch the direction of the tide as soon as possible in the presentation of evidence. However, Dr. Lapitas wasn’t due to arrive until Thursday morning.

  Barry gave Keenan what he hoped was a confident look. The kid looked haggard. Hard to avoid under the circumstances. Barry hoped his own feelings of doubt and exhaustion weren’t getting conveyed to the jury. Confidence was such a big part of the show.

  The third day of trial started on schedule. It seemed that Judge Jenkins liked to run a tight courtroom. For his first witness, Fred called Shannon’s father. It was an obvious play on the jury’s sympathy and a strong opening to the third day.

  “Tell us about your daughter,” Fred said. Barry could object on the grounds of relevance, but it would be a dangerous move. It would be better to use the same tactic for the defense later.

  Jack Dawson’s voice shook as he spoke. “Shannon was our only child. We had hoped for others, but it never happened.” He paused, his breathing heavy with emotion. The judge offered him a box of tissues, but he shook his head. “Shannon was always such a good girl.”

  “Tell us about her skating,” Fred said.

  “Right. Ever since she was a little girl, Shannon loved to skate. We, well mostly my wife, took her to the rink almost every day for practice. They were both so dedicated to it.”

  “She competed?”

  “Yes. She made it all the way to the semi-finals of the Southwest Pacific Figure Skating Championships in 2010 and again in 2011.”

  “How many skaters did she compete against to get that far?”

  “I don’t know. It’s extremely competitive. Hundreds of girls try out, but only a few make it that far.”

  “Was Shannon competitive in other realms?”

  “She was an exceptionally good student. She tried hard at everything she did.”

  “How did she end up at Masterson?”

  “She wanted a small but prestigious college. She knew that medical schools were competitive, so she wanted a good name on her applications.”

  “What do you do for a living, Dr. Dawson?”

  “I’m a general surgeon.”

  “So your daughter wanted to follow in your footsteps?”

  “I think she had her own dreams. She wanted to specialize in sports medicine. She was an athlete and an academic at the same time.”

  “Did you visit Middleton Falls prior to Shannon attending Masterson College?”

  “No, my wife came out here with her during her senior year of high school. To visit the campus. But I drove out with her when she first started.”

  “Did you have any concerns about her safety?”

  “No. In fact, we were relieved that she was at a place so rural. It seemed so much safer than if she had gone to a bigger school or one in a city. We never dreamed something so horrible could happen to her.”

  “Thank you. That’s all I have.

  Barry considered waiving cross-examination. There was nothing to be gained by antagonizing someone who was so sympathetic to the jury, but he needed to make one point.

  “How long did Shannon have the Volkswagen?”

  “We got it for her used when she was a junior in high school. So, I’d say two years.”

  “And she used it to transport her belongings to and from the beach on occasion?”

  “Yes.”

  “And she used it to transport her belongings from California to Middleton Falls last fall?”

  “Yes.”

  “Thank you.”

  Next, Fred called Dr. Grace Collins. Barry had seen her testify before so he knew that Grace deserved her reputation as a solid witness.

  “How are you employed?” Fred began.

  “I am the chief medical examiner for the State of Vermont.”

  “How long have you held that position?”

  “Twenty-one years.”

  “What sort of training did you do to become a medical examiner?”

  “I graduated from the University of Minnesota Medical School, followed by a four-year residency in forensic pathology at Johns Hopkins University and a one-year fellowship at the University of North Carolina.”

  “Was all of that was after you attended a four-year college?”

  “Yes, of course. I have an undergraduate degree in biochemistry from the University of Wisconsin.”

  Barry stood, and the judge nodded in his direction. “The defense does not object to Dr. Collins being qualified as an expert,” Barry said.

  “The witness is qualified,” the judge said.

  “Did you perform an autopsy on Shannon Dawson in early April of this year?” Fred said.

  “Yes, I did,” Dr Collins said.

  “Tell us about that.”

  “The body was brought in by Colchester Technical Rescue. I understand it was retrieved from the Moose Creek, which was consistent with what I observed.”

  “What did you observe?”

  “First of all, the body was well preserved, probably due to the cold water and the presence of adipocere.”

  “What’s adipocere?”

  “It’s when the fatty layer beneath the skin transforms into a waxy, almost soap-like material.”

  “What causes that?”

  “In general, it’s caused by extended submersion in water postmortem.”

  “Were you able to determine how long the body had been in the creek?”

  “I can’t say definitively, but it would have had to be at least several weeks.”

  “From what you observed, is it possible that the body was in the water for nearly four months?”

  “Absolutely. The normal decomposition of the body could well have been delayed by the cold water temperatures in Moose Creek.”

  “How did you determine the identity of the person whose body was recovered from Moose Creek?”

  “We used dental records to confirm that it was the missing college student, Shannon Dawson.”

  “And you performed a full autopsy?”

  “Yes, I did.”

  “Were you able to determine the cause of death during the autopsy?”

  “Not with medical certainty.”

  “Why not?”

  “Underwater recoveries are extremely difficult.”

  “Why is that?”

  “Because there is no universally accepted diagnostic laboratory test for drowning. We can never be one hundred percent sure whether somebody was dead when they hit the water or whether they drowned. And when you’re dealing with a long-term submersion, it’s even more difficult.”

  “Understanding that you can’t say with medical certainty, was there any evidence in this case that indicated the cause of death?”

  “Yes, there was evidence of blunt force trauma to the head.”

  “
Would that trauma have been sufficient to kill Shannon Dawson?”

  “Yes, absolutely. It was significant.”

  “Tell us about that.”

  “There was a closed depressed skull fracture to the right parietal bone.”

  “Where is the right parietal bone in layman’s terms?”

  “The upper right back of the head.”

  “And what is a closed fracture?”

  “A fracture where the overlying skin not been lacerated.”

  “So, would there be any bleeding?”

  “No, not with a closed fracture.”

  “And what is a depressed skull fracture?”

  “It’s when a piece of bone in the skull gets pushed inward, putting pressure on the brain.”

  “Have you seen that type of injury before?”

  “Yes. It’s consistent with a backwards fall. You see them a lot in older people who slip and fall on the ice.”

  “Did you observe any other injuries on Shannon’s body?”

  “Yes. There was also a contusion to the upper left cheek near the temple.”

  “Have you seen many of those?”

  “Yes. It’s what happens when someone gets punched in the face, usually by someone right-handed.”

  “Under what circumstances do you tend to see those two injuries in combination?”

  “It’s a common pattern for assault victims. The victim gets punched and either knocked out or knocked off balance. Their head gets turned away from the punch, they fall, and they hit the back of their head.”

  “Did you see any other signs of trauma to the body?”

  “No, I did not.

  Fred presented pictures of Shannon’s face in death and the injury to the back of her head and had Dr. Collins confirm that she felt blunt force trauma likely contributed to Shannon’s death. Barry knew that her testimony was damaging. As he rose for cross-examination, he reminded himself that he only had to create reasonable doubt.

  “Isn’t it true that your autopsy report indicated that the cause of death was undetermined?” Barry asked.

  “Like I said, the conditions made it impossible to determine the cause of death with certainty. My report simply recognized that fact.”

  “But today, you’re telling us that Shannon Dawson died from blunt force trauma to the head?”

  “No, I’m telling you that Shannon Dawson suffered a blunt force trauma to the head sufficient to kill her, and that it likely contributed to her death. I can’t tell you with scientific certainty what actually killed her.”

  “You sometimes put the likely cause of death on a death certificate, don’t you?”

  “On occasion.”

  “But you didn’t in this case, did you?”

  “No.”

  “Because at the time you didn’t think the head trauma was the likely cause of death, right?”

  “That’s correct.”

  “Has your opinion changed?”

  “No.”

  “Because you can’t say with any certainty whether Shannon drowned completely by accident all on her own, or was killed by someone else, can you?”

  “Not with medical certainty.”

  “Let’s talk some more about the head trauma. Can you say with medical certainty that the head trauma occurred prior to the body entering the water?”

  “No. But only because the body was submerged for so long. The normal signs that I would look for had been washed away or diluted by the water.”

  “So, it’s possible that Shannon Dawson fell into the water and drowned, and that the trauma to her head occurred after she was already dead, isn’t it?”

  “It’s possible.”

  “And it’s possible that Shannon Dawson fell into the water and hit her head after she was in the water, right?”

  “Yes, it’s possible. But both of those scenarios are unlikely.”

  “Why?” As soon as he asked the question, he wished he hadn’t.

  “Because accidental drownings usually involve witnesses,” Dr. Collins said before he could withdraw the question.

  “So, you’re basing your expert medical opinion on the lack of witnesses?”

  “No. My expert medical opinion is what is written in my report.”

  “That the cause of death is undetermined?”

  “Yes.”

  “Let’s talk about where the body was found. Are you familiar with the section of Moose Creek that runs through Middleton Falls?”

  “Not particularly.”

  “What if I were to tell you it’s swift water, with a series of ledges and boulders, and that the area is popular with whitewater kayakers. Would that make it more likely that the injuries to the body were postmortem?”

  “No.”

  “Why is that?”

  “Because except for the two head injuries that were noted, we found no other injuries to the body.”

  “But couldn’t her clothing have protected her?”

  “Only from minor impacts. If she had gone over some ledges, especially one as big as the falls, I would expect to see more damage to the body.”

  “Is there a scientific basis for that opinion?”

  “Just my experience and training as a medical examiner and forensic investigator.”

  “Did you run any tests to determine whether Shannon had been drinking prior to her death?”

  “I ran tests, but I was unable to determine her blood alcohol concentration.”

  “Why?”

  “The body had been in the water for too long.”

  “So it’s possible that, when Shannon went into the water, her blood alcohol concentration was one hundred milligrams per deciliter or point one zero, isn’t it?”

  “Yes.”

  “And it’s possible that her blood alcohol concentration was point two zero or even point three zero when she went into the water, true?”

  “Yes.”

  “Isn’t it true that a high blood alcohol concentration would make it more likely that Shannon’s death was due to her own mishap?”

  “In theory, but you have to look at all the circumstances.”

  Fred’s redirect was brief. “Dr. Collins, based on the autopsy, is it possible that Shannon was assaulted, killed, and that her dead body was dumped in the river?”

  “Yes.”

  “Is is also possible she was assaulted, knocked unconscious, and that her unconscious body was dumped in the river where she subsequently drowned?”

  “Yes.”

  “Would either of those scenarios involve an accidental death?”

  “No.”

  “And were there injuries to the body consistent with an assault?”

  “Yes.”

  “Thank you, Dr. Collins. That’s all I have.”

  When Dr. Collins left the stand it was after eleven thirty. “I think we’ll resume after lunch,” the judge announced. “We’ll reconvene at one o’clock and you can call your next witness then, Mr. Dutton.”

  “Actually, Your Honor, the prosecution rests.”

  “Well then, the jury is excused until one o’clock. I’ll see the lawyers in my chambers.”

  Barry stood. “Excuse me, Your Honor. We’d rather wait until tomorrow to begin our case. Perhaps we could excuse the jury until tomorrow.”

  “Surely you have some witnesses you can put on today, Mr. Densmore?”

  “I’d rather stick to our planned order, and our first witness is not due here until tomorrow morning.”

  The judge gave Barry a stern look. “Very well. Court is adjourned until tomorrow morning at nine o’clock. Gentlemen, my chambers.”

  In chambers, Barry made the expected motion for a judgment of acquittal. Judge Jenkins made the expected ruling and denied the motion. Barry reminded himself that the judge would have denied the motion even if he hadn’t been pissed. And the upside was that he would have more time to prepare for the beginning of the defense case. Maybe he could even get a decent amount of sleep.

  Chapter 58


  Thursday, September 18, 2014

  FRED SINCERELY hoped this would be the last day of the trial. He really was too old for this much stress. He should have turfed this case to one of his deputies.

  For his first witness, Barry called Dr. Victor Lapitas who made his way to the witness stand and was sworn. Fred had been hearing about Dr. Lapitas for a few years. He knew that two of his deputies had cross-examined him in other cases and didn’t like the man. Barry seemed inclined to use him in child abuse cases. Fred had deposed Dr. Lapitas by phone to save money. With only a brief report and a resume for reference, the deposition had been a waste of time. Fred was hoping there would be an obvious attack when it was time for cross-examination.

  “Good afternoon, Doctor,” Barry said. “Can you please describe your education for the jury?”

  “Certainly. I received my Bachelor’s degree in psychology from Dartmouth College and my Ph.D. in psychology from Princeton University.”

  Fred stood and the judge nodded in his direction. “Your Honor, I’m familiar with Dr. Lapitas. I’ll stipulate to his qualifications.”

  Barry shook his head. “I’ll be brief, Your Honor, but I’d like the jury to hear more about Dr. Lapitas’ qualifications.”

  The judge nodded. “As long as you’re brief.”

  “Dr. Lapitas, what did you do after you finished your training?”

  “For twenty years I was a researcher and a professor of cognitive psychology at Rutgers University. For the past ten years, I have had a part-time clinical practice.”

  “For those of us who aren’t scientists, what is cognitive psychology?”

  “It’s the scientific study of the mind and mental functioning.”

  “And what types of mental functioning does it refer to?”

  “In general, cognitive psychologists are concerned with how we acquire, process, and store information.”

  “What was the focus of your research while at Rutgers?”

  “Most of my research related to memory and the effects of stress on memory.”

  “Are you licensed as a clinical psychologist?”

  “Yes. I am licensed to practice in New Jersey.”

  “Do you specialize in your clinical practice?”

  “Most of my clients are people who suffer from post-traumatic stress.”

  “The defense now requests that Dr. Lapitas be qualified as an expert witness.”