“Sustained,” the judge ordered.
“Allow me to rephrase the question. Who would you then say was Ms. Iretzski’s primary caregiver?” he asked.
“Rita Samuels,” she replied.
“Thank you. I have no further questions,” Chip advised.
“Ms. Hirohito, you may cross-examine the witness,” the judge advised.
Upon hearing those words, Mandy’s face turned ashen, her eyes darting nervously across the courtroom. Watching Coco’s cross was like watching a piano virtuoso play Beethoven’s Ninth with pitch-perfect precision.
“Ms. Chalmers, it was your testimony that you were not in fact Ms. Iretzski’s nurse, correct?” Coco asked.
“Yes,” she replied.
“And you claim that you barely spent any time with Ms. Iretzski on a daily basis, correct?” Coco asked.
“Yes,” Mandy replied.
“An hour tops, right?” Coco asked.
“Yes,” she replied.
“And in that hour you really couldn’t do much for Ms. Iretzski, correct?” Coco asked.
“Yes,” she said. “I’ve already told you that.”
“Ms. Chalmers, how did you meet Ms. Iretzski?” Coco asked.
“Through Mr. Sumner,” she replied.
“Which one, since there seems to be two in the courtroom?” Coco asked.
“Well, through Ty Sumner, Mr. Sumner’s son,” she replied, pointing to him.
“He was your boyfriend, correct?” Coco asked.
“Yes,” she replied.
“And why did he introduce you to Ms. Iretzski?” Coco asked.
“Because he worked for her as a maintenance man around the house and I was spending time with him,” she answered.
“Why did Ms. Iretzski need a handyman?” she asked.
“Because she was too sick to take care of the place, why else?” Mandy replied.
“Too sick indeed,” Coco said. “So sick, in fact, that she was bedridden and her room had been transformed into a mini-hospital, correct?”
“Yes, there were meds everywhere. Ivana was hooked up to an IV and heart monitor and doctors were coming and going all of the time,” she replied.
“You had recently graduated from nursing school when you met Ivana, correct?” Coco asked.
“Yes,” she replied.
“So you knew what all of those machines and equipment were?” Coco queried.
“Of course. I had worked with all of those things at school and in the hospital when I was a nursing student,” Mandy admitted.
“So then how did you come to be one of Ms. Iretzski’s nurses?” Coco asked.
“Well, after Ty introduced me to Ivana, she felt comfortable with me, so she offered me a job,” Mandy advised.
“As a nurse?” Coco asked.
“Yes,” Mandy replied “but I was really more of a helper.”
“But you were called a nurse though?” Coco asked.
“Technically, yes,” Mandy replied.
“That’s because, by training, you are a nurse?” Coco emphasized.
“Yes, I’m a nurse,” Mandy replied.
“When did you start working for her as a nurse?” Coco asked.
“Around eighteen months ago,” Mandy stated.
“Your first day of work was January 15, 2012?” Coco asked.
“Sounds about right,” Mandy replied.
“Your start date was recorded in Ivana’s medical file, correct?” Coco asked.
“Probably,” Mandy replied.
“Ok, so getting back to your nursing education, when you worked with patients at school and in the hospital, you were trained to chart everything you did for a patient, isn’t that true?” Coco asked.
“Yes, certainly,” Mandy said. “That was proper procedure.”
“And, by your own admission, you were hired to be Ms. Iretzski’s nurse, correct?” Coco asked.
“Yes, but like I said I was more of a helper,” Mandy stated.
“A helper with a nursing education and who was fully trained in proper procedure?” Coco asked leadingly.
“Yeah, but Ivana had many nurses,” she replied.
“How many?” Coco asked.
“Umm, maybe three or four, I’m not sure,” she replied.
“Do you need to take a look at Ms. Iretzski’s medical charts to refresh your memory?” Coco asked.
“No,” Mandy replied.
“Why is that?” Coco asked.
“The nurses didn’t keep charts,” she replied.
“Really? Didn’t you just tell me that you were taught that protocol dictates you chart everything you did for and with a patient?” Coco asked with surprise.
“Uh, yes. But—” Mandy replied.
“So then you are telling me that all of the nurses who cared for Ms. Iretzski broke protocol?” Coco asked.
“Technically, yes, but we worked together to deliver the best care to Ms. Iretzski,” Mandy replied.
“Just how did you achieve that if you failed to chart everything as you were supposed to?” Coco asked.
“We made sure to let each other know what we did for her,” Mandy replied unsteadily.
“So then how did you know who gave Ms. Iretzski which medications and when?” Coco asked innocently.
“Well, like I said, we told each other,” Mandy replied.
“Oh, so you kept in close communication all of the time?” Coco asked.
“We had to, otherwise Ms. Iretzski would have been overmedicated,” she replied.
“So you each knew the intimate details of who did what and when, and had the ability to contact the other nurses at all times to make sure that Ms. Iretzski was properly medicated and cared for on a twenty-four hour basis?” Coco said, easing back into her pumps with a smirk.
“Yes,” Mandy said with frustration. “I already told you that.”
“Then you must have known exactly how many nurses there were and who they were, correct?” Coco asked.
“I don’t remember exactly because it was so long ago!” Mandy exclaimed.
“Do you suffer from Alzheimer’s disease?” Coco asked sarcastically.
“What do you mean?” Mandy asked.
“Objection, argumentative!” Chip cried.
“Sustained,” the judge ruled.
“Who were the other nurses and what are their names?” Coco asked.
“Umm, I’d have to check,” Mandy replied.
“Are you telling me that you don’t know the number or names of the other nurses with whom you worked on a twenty-four hour basis?” Coco asked.
“Uh — er — no, that’s not what I’m saying,” Mandy stammered. “It’s just that I worked with them so long ago that I just would have to look at my notes.”
“Did all of the nurses work for Ivana up until her death?” Coco queried.
“Of course,” Mandy replied.
“And Ivana died only six months ago, correct?” Coco pressed.
“Yes,” Mandy whispered.
“So you’re telling me you don’t remember the names of the other nurses with whom you worked since January 15, 2012, up until six months ago?” Coco charged.
“I have to check my notes,” Mandy stammered.
“Where are those notes?” Coco asked.
“They would have to be in Ivana’s chart,” Mandy replied.
“Didn’t you just testify that there were no nursing notes in Ms. Iretzski’s chart?” Coco asked.
“There may be something. I may be mistaken,” Mandy replied quietly.
“If it pleases the court, may I give Ivana’s medical records to Ms. Chalmers to refresh her memory?” Coco asked.
The judge nodded his head in agreement. Chip fidgeted nervously in his chair as Mandy took the records. There was silence in the courtroom while Mandy scanned and re-scanned the records.
“Are you having trouble finding your notes?” Coco asked.
“Well, it’s just that I don’t see them anywhere,” Mandy replied.
“Well, we’ve already established that those are the complete and accurate medical records for Ms. Iretzski,” Coco advised, looking at the judge to assert the statement. “So if your notes are not there, where would they be?”
“Um — let me look again,” Mandy begged.
“Isn’t it true, Ms. Chalmers, that all notations of medical treatments, administration of medications and observations of a patient’s condition would be kept in a patient’s chart?” Coco asked.
“Well, yes, but—” Mandy stammered again.
“And isn’t it true that all of the attending physicians’ notes of that nature are marked in Ms. Iretzski’s chart?” Coco pressed.
“Um. Yeah …” Mandy sputtered, trailing off.
“And wouldn’t the physicians treating Ms. Iretzski need to know what was done for her and what medications she was given in what dose in order to provide her with the appropriate medical care?” Coco asked.
“Absolutely,” she replied.
“So then, by your admission, all of the actions taken by these so-called nurses whose names you can’t remember — all of whom clearly broke with nursing protocol by not charting anything — would be known by the doctors who would chart that information?” Coco inquired.
“Yes!” Mandy replied emphatically.
“So then could you please refer to the medical records and read to the court each highlighted notation made by Ms. Iretzski’s various physicians?” Coco asked.
Mandy sat in stunned silence.
“Ms. Chalmers? I don’t hear you reading,” Coco said, glancing at the judge.
“Um — I … don’t want to read this,” Mandy replied.
“Your Honour, may I have permission to treat her as a hostile witness?” Coco asked.
“You may,” the judge allowed as Coco took the records back from Mandy.
“I will read the very first signed notation by Dr. Fitzgibbons, Ms. Iretzski’s oncologist, which says, ‘January 15, 2012: Mandy Chalmers, RN, started her first day of work as Ivana Iretzski’s nurse. She advised me that she administered 10 CCs of morphine through Ivana’s IV but failed to chart this. I told her that all medications and their respective doses must be properly reported, noted and signed off in the chart.’ Do you recall Dr. Fitzgibbons having told you this?” Coco asked.
“Yes,” Mandy replied, her voice barely audible.
“Despite your assertion that you were only a ‘helper’ and not a real nurse to Ivana, do you now admit that you were considered to be a nurse by the doctor?” Coco demanded.
“Yes,” Mandy replied sheepishly.
“Please let the record show that Ms. Chalmers has admitted to lying under oath,” Coco instructed.
“So after you were warned to write everything down in the chart, did you?” Coco asked.
“Yes,” Mandy replied.
“So you now admit that, ultimately, after being told off by the doctor, every nurse ensured that she, including yourself, wrote all notes down in Ivana’s chart?” Coco asked.
“Yes!” Mandy cried out.
“Will you please now look at the records and advise the court what the other highlighted notations are?” Coco asked, sliding the files back to Mandy.
“They are notations about what medications Ivana was given,” Mandy replied.
“Which are dated but not accompanied by a signature, correct?” Coco asked.
“Yes,” Mandy said.
“And could you please tell the court if the remaining notations are both signed and dated?” Coco asked.
“They are,” Mandy replied.
“By whom?” Coco asked.
“The doctors,” Mandy advised.
“And are there any other notations on the charts that are signed by anyone else?” Coco asked.
“No,” Mandy replied.
“So the only unsigned notations are the ones indicating medication administered by an unknown person?” Coco asked.
“Like I said, it was the nurses who made those notations,” Mandy restated.
“And in nursing school do they train you nurses how to write?” Coco asked, tilting her head for effect.
“Excuse me?” Mandy snapped.
“Objection, your Honour!” Chip cried. “I don’t see the point of this question; it’s irrelevant.”
“Your Honour, it’s very relevant to my line of questioning,” Coco replied.
“I’ll allow it,” the judge stated. “Please answer the question, young lady.”
“No, it’s not a secretary school,” Mandy replied sarcastically.
“So then all nurses do not write the same or have the same handwriting?” Coco asked.
“I just said no. How can every nurse have the same handwriting? They can’t,” Mandy exclaimed.
“So then these so-called three, or four, or however many nurses who wrote in Ms. Iretzski’s medical charts could not have the same handwriting?” Coco asked.
“NO!” Mandy shouted, the top button of her blouse bursting with sudden movement.
“Please take another hard look at the unsigned notations,” Coco advised. “Isn’t it true that the handwriting for all of them is the same?”
Mandy did not answer.
“And isn’t it true that for all of the unsigned notations, all of the i’s are dotted with little hearts?” Coco asked.
Again, Mandy failed to answer.
“And isn’t it also true that the handwriting and those hearts are the same as the signature on the second will?” Coco asked.
“Yes,” Mandy eked out.
“Then, by your own admission, you were the only nurse who made notations in Ms. Iretzski’s medical charts?” Coco asked.
Mandy remained silent.
“Your Honour, please instruct the witness to answer my questions,” Coco requested.
“Miss Chalmers, please answer Ms. Hirohito’s questions,” the judge ordered.
“Yes,” Mandy whimpered.
“Yes to what?” Coco asked coyly.
“To everything. Yes, the i’s are dotted with hearts. Yes, the handwriting is the same, and yes, it is the same writing as on Ivana’s second will,” Mandy shouted.
“And it’s also true that you lied about other nurses making notes in Ms. Iretzski’s file because there were no other nurses?” Coco asked.
Mandy returned to being mute.
“And it’s also true that you were in fact the only nurse who administered Ivana’s medications?” Coco asked.
Mandy nodded.
“Is that a yes, Ms. Chalmers? You’ll have to speak up,” Coco ordered.
“Yes” Mandy whispered.
“And isn’t it true, Ms. Chalmers, that you were in fact Ms. Iretzski’s only nurse hired to provide her with 24-hour care?” Coco queried.
“Yes,” Mandy said.
Victory at last.
“Your Honour, I would like to ask the court for a one hour recess!” Chip exclaimed.
“I think that would be wise, Mr. Hancock,” the judge advised. “And Mr. Hancock, after listening to Ms. Hirohito’s cross of your client, consider yourself warned that you are treading down a very slippery slope by presenting false evidence to this court. If I didn’t know any better, I would say that you are attempting to perpetrate a fraud on the court. Unless you come back from recess with evidence to rebut this cross-examination, the presumption of undue influence will stand because I am going to rule that Ms. Chalmers was in fact in a relationship of trust to Ms. Iretzski as her nurse!”
“Yes, your Honour,” Chip said quivering.
“This court is in recess for thirty minutes,” the judge ordered, hammering his gavel.
Chip asked Coco and I to meet him with our clients in one of the courthouse’s conference rooms, which we agreed to do on the condition that neither Sumner be present. After Chip acquiesced to our demand, he proceeded to offer Esty a settlement of the matter for one hundred million dollars.
“Are you insane? Were you not just in the same courtroom as
us? Your client is a liar and the judge knows it. To make it worse, the judge already believes that there were suspicious circumstances surrounding the making of your bogus second will,” I advised.
“If you think that we are going to settle for pennies when Esty is going to win this entire case, you are crazy,” Coco stated. “You will never be able to prove that Ivana made that will without undue influence and fraud by your client.”
“Oh really?” Chip scoffed. “While what just happened may be a little setback, we can and will still prove that the second will is perfectly valid.”
“Good luck with that,” I advised. “Esty, Coco, let’s go back to court.”
“I’m telling you that you had better settle,” Chip called out after us. “In fact, if you don’t, I will tell the judge that you rejected a perfectly good settlement offer.”
“Be our guest,” Coco said over her shoulder, walking confidently back toward the courtroom.
When we returned to court after the recess, the judge asked Chip if he had any other witnesses to call and Chip advised that his case was closed. We were surprised that he made no mention of the settlement offer made, but, at the same time, Chip was not one to come through on threats that he couldn’t bring to fruition. The judge instructed us to call our first witness.
“I call Ty Sumner to the stand,” I announced as Ty crossed the floor and took his seat in the witness stand.
“Your Honour, I object!” Chip protested, looking around the courtroom frantically. “He is not on their witness list and he is my client’s boyfriend, so he can’t testify against her.”
“Your Honour, it only just came to our attention that Ty Sumner has pertinent evidence favouring my client, and that he had been the source of anonymous letters delivered to our firm attesting to that fact. We had no opportunity prior to today to give notice to either opposing counsel or the court of our intention to call Mr. Sumner to the stand,” I said, ready to take whatever fall Ty’s support might bring. “Chip, for your edification, Mandy is not Ty’s wife so he can testify against her.”
“That’s bullshit!” cried Chip, losing all sense of propriety and common sense. “Joely has had those letters for months and hid them from me. If I had not seen them on her desk in her office, I never would have been able to force her to disclose them!”
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