Then Dubois called Bruce Jessup, a registered nurse and ophthalmic technologist from the Epi Study, to the stand.
Jeanette cringed.
After taking Jessup through the preliminaries, Dubois asked, “Mr. Jessup, did you have occasion to work with the plaintiff, Lynn Barrios?”
“Yes. I did her pre-op history and her post-op follow-up. What little she had.”
“Could you clarify what you mean by ‘what little she had?’” Dubois cast a recriminatory look at Lynn.
“She stopped coming. I only saw her two, maybe three, times.”
“In your opinion as a trained nurse and ophthalmic technologist, could her failure to do the post-operative follow-up have contributed to her bad results?”
“Yes, definitely.”
“When you dealt with Ms. Barrios, what was your impression of her mental state?”
Evan stood up. “Objection, your Honor. While Mr. Jessup may be a trained nurse and technician, he is not a qualified psychologist.”
“Sustained.”
Dubois glared at Evan, then turned back to Jessup. “Let me try this another way to satisfy my esteemed opponent. Describe how Ms. Barrios acted when you saw her after the surgery.”
Jessup looked as if he was seriously considering his words. Yet Jeanette suspected he’d been taken over his testimony in this case many times, just as Evan had with her.
“Well, Ms. Barrios would get hysterical during her post-op visits. She refused to follow the simplest instructions. Kept insisting that the doctor had done something wrong. I thought she was very unstable. Of course, that is just my opinion.”
Jessup threw a snide look at Evan.
“Thank you. I have no further questions of this witness.”
“Mr. Devereaux, would you like to cross-examine this witness?”
“Yes, your Honor.”
Evan remained seated. He flipped through his notes. The courtroom was blanketed in silence.
“Mr. Jessup, you stated in direct examination that you’ve been employed by the study for one year, give or take a week. Is that correct?”
“Yes, sir.”
Evan stood up. He handed a set of papers to Dubois and took another set with him. He walked toward Jessup in slow, measured steps.
“Would you please look at these and tell me what they are?”
Taking the papers out of Evan’s hand, Jessup said, “They look like payroll records for me.”
“Yes, so they are. Please take a look at page four. In particular, the lines I highlighted. What happened at that point in time?”
“It looks like I got a raise.”
“Would it surprise you to know that your raise occurred exactly one week after the summons for this case was served on Dr. Rutherford?”
Dubois shot out of his chair. “Your Honor, I fail to see how Mr. Jessup’s raise and the timing of this suit have anything to do with the cause of action in this case.”
“Your Honor, these matters have to do with Mr. Jessup’s bias in this case. I wish to use this line of questioning to impeach him.”
“Overruled, Mr. Dubois.” The judge turned to the witness. “Answer the question, Mr. Jessup.”
“Yes, it would surprise me,” Jessup answered in an insolent tone.
Evan moved to admit the payroll records into evidence.
While Evan went through the routine of getting the exhibit admitted, Jessup’s wary eyes kept drifting toward Dubois, as if the defense counsel should give him some answers. Obviously, Evan’s line of questioning hadn’t been in the defense’s script.
“Do most employees get a substantial raise — what was it? almost double? — within a year or so of employment?”
Jessup jumped visibly. “I was due a raise. I’m very good at my job.”
“I’m sure.” Evan pulled out another piece of paper. He didn’t offer it to Jessup. “Is it also customary that one-year employees who’ve just doubled their pay also get two fully paid weeks of vacation in Acapulco at their boss’s condo?”
Jessup mumbled something.
“I don’t think the jury or the court reporter heard your answer, Mr. Jessup. Could you repeat it, louder this time?”
“I said no,” yelled Jessup.
“That’s what I thought you said. I have no further questions for this witness.”
“Rebuttal, Mr. Dubois?”
“No.”
Dubois’s abrupt negative was not his usual courtroom demeanor. He looked extremely unhappy. He either hadn’t been told about the perks or hadn’t expected anyone to find out about them.
The information about Jessup had been given to Evan courtesy of Drs. Payton and Warren, who’d heard rumors about Jessup’s timely vacation windfall. Jeanette wondered if she should clue in the hapless nurse about Rutherford’s little practice of eliminating people who failed him? Nah. She wasn’t feeling that charitable.
Dr. Rutherford took the stand.
Jeanette glanced over at the jury. The six men and women leaned forward in their seats. They’d been waiting to hear from the accused. Once they heard from him, they would have all the pieces of the puzzle. They then could begin to figure out who was telling the truth.
Dubois breezed through Rutherford’s background.
If she hadn’t known about his misspent youth and his current penchant for murder and mayhem, she would’ve been impressed. It was sad in a way that all that talent and potential was twisted and riddled with Rutherford’s hunger for power and money. Could Evan trip him up on cross-examination? Expose the doctor’s dirty underbelly? Or would they have to wait for the post-trial press conference?
Jeanette sat up. She had to stop wool-gathering. They were talking about her now.
“Dr. Rutherford, wasn’t it true that you hired Ms. LaFleur because she was an intimate friend…” the look on Dubois’s face clearly indicated he meant lover “…of one of your fellow physicians, a, um, Dr. Shriver?”
Rutherford turned to the jury and flashed one of his toothy smiles.
As the doctor opened his mouth to answer, Evan overcame whatever had caused him to delay and objected.
Dubois held up his hands. “I withdraw the question.”
But the damage had been done.
Anger burned through Jeanette like wildfire. The jerk had insinuated that she was Dr. Shriver’s lover. Tony bristled beside her. Even he’d caught the implication. She chanced a peek at the jury. Several of them looked at her. What were they thinking? Could they actually believe Dr. Rutherford’s lie?
Jeanette was afraid they could. So far nothing had been said or shown other than her evidence on the statistics that in any way depicted the true character of Rutherford.
The rest of Dr. Rutherford’s direct testimony explained away the mistakes in files and data as the fault of employees in whom he’d placed his trust. No further mention was made of her.
Evan flowed out of his seat to start his cross-examination. Then, he paced. And as he paced, he fired questions at the speed of an automatic weapon. And, gradually, the darkness that had fallen over Jeanette began to lighten.
“Isn’t it true, Dr. Rutherford, that Ms. LaFleur graduated at the top of her class and had one of the highest scores ever made on a standardized test? A test that is administered outside of the university by a national certifying organization?”
“Well, uh, yes.”
“Then would you say that even if a close friend of yours hadn’t recommended Ms. LaFleur, you still might have hired a graduate with such stellar grades and test scores?”
“I guess so.”
“Now, let’s look at your Epi Study. Isn’t it true that the Eye Bank of New Orleans had cut off the donor tissue to your program right about the time Ms. LaFleur applied to your program, because they found your statistics and conclusions were flawed?”
“I wouldn’t say that was accurate. I believe the Eye Bank Board’s rationale was that the tissue could be used more appropriately for corneal transplants in patients with dis
eased eyes.”
“Aha, then this report from the Eye Bank’s Board of Directors is wrong when it stated that from their own local inquiries they found evidence that a majority of the corneal grafts had failed and that the living lens procedure was not indicated for patients with mere myopia. Wasn’t that the real reason why they cut off your supply of tissue?”
“What report?”
Rutherford’s urbane charm slipped as he grabbed at the paper in Evan’s hand. He flipped a page, then said through gritted teeth, “Where did you get this? This is an Executive Board decision. I wasn’t aware that these were made public.”
“Your Honor, would you please instruct the witness that the lawyers ask questions, not the witnesses?”
“Dr. Rutherford, you will restrict yourself to answering questions. The jury will disregard the unsolicited information volunteered by witness.”
“Thank you, your Honor.” Evan retrieved the paper from Rutherford. “Now, doctor, the Executive Board of the Eye Bank clearly stated that the reason they cut off your supply of tissue was because they concluded your project’s outcomes were undesirable, isn’t that correct?”
“That’s what it says, but I say they were wrong.”
“Fine.” Evan walked back toward the plaintiff’s table, then turned back to the witness stand. “So, where did you get the tissue for the project after the Eye Bank cut off your supply?”
Dubois rose from his chair and waved his hand toward Evan. “I object, your Honor. What has counsel’s question got to do with Ms. Barrios and her specific procedure?”
“Counsel?” The judge looked at Evan.
“This line of questioning goes to Dr. Rutherford’s veracity, your Honor.”
The judge nodded. “Overruled. Answer the question, doctor.”
“I bought it from Silver River Pharmaceuticals.”
“Is this the same Silver River Pharmaceuticals in which you own a controlling interest?”
Dr. Rutherford’s full lips thinned. He said nothing, but his eyes glittered with anger at the question. He shot his attorney a protect-me-or-I’ll-deal-with-you-later look.
Dubois turned his eyes away from his client.
“Please answer my question, doctor.”
“Yes.”
“Isn’t that a violation of federal law, doctor?”
Rutherford sought Dubois’s eyes once more, but the defense counsel still refused to look.
“Yes.”
“Now, let’s look at the billing records for the Epi Study. As Ms. LaFleur testified, these records were the most complete records kept by the project.” Evan handed a copy of the previously admitted documents to Rutherford. “When the project started, patients were billed for processing charges on donated tissue from the Eye Bank. Correct?”
“Yes.”
“What were those processing charges?”
“I don’t know.”
“I believe if you read the numbers in column two, you will see the processing charge was one thousand dollars.”
Dr. Rutherford said nothing, just glared at Evan.
“So, let’s flip ahead to when the Eye Bank cut off the donor tissue. My goodness, the charge for processing didn’t change — it’s still one thousand dollars. If you are buying tissue, how can you justify the same processing charge? Shouldn’t it be more, since you had to purchase tissue?”
“I don’t know. It must be a bookkeeping error.”
“I would hope so, doctor, since it was the understanding of the Review Board, which oversees medical research projects such as yours, and the University, which provided the funding, that patients were to be charged only a minimal charge for donor tissue. I believe the amount was fifty dollars. Isn’t that correct?”
“Yes, I guess so. I don’t remember.”
“Well, which is it, doctor?”
“I don’t recall.”
“Since this lawsuit was filed, an audit has been done. Would it surprise you to learn that the project was billed large amounts of money, to the tune of hundreds of thousands of dollars for tissue bought from Silver River Pharmaceuticals? The same tissue that you charged patients for at the tune of one thousand dollars per lens, which coincidentally was what you were charging patients who received free tissue.”
“I don’t know.”
“You don’t know.” Evan ran his fingers through his hair. “Doctor, how much money have you made off this project personally? Ballpark figures would do.”
“I don’t know.”
“Seems I heard that answer before.” Evan blew out a breath filled with disgust. “I have no further questions of this witness.”
Dubois slowly stood for rebuttal, then sat down almost immediately. He shook his head. No rebuttal.
Well, what could he do? Evan had effectively, Jeanette hoped, destroyed Rutherford’s capacity for truthfulness.
“Your Honor. The defense would like to exercise its right to cross-examine Jeanette LaFleur at this point in time.”
Jeanette leaned forward and whispered in Evan’s ear. “Why now? Isn’t their case in the toilet?”
Evan shrugged.
Jeanette stood up and took the stand.
“I’ll remind you that you are still under oath.” The judge smiled at her.
“Yes, sir.”
Dubois stalked over to the witness stand.
“Ms. LaFleur, did Dr. Shriver, your university mentor, recommend you for the job at the Epi Study?”
“Yes.”
“Had you any work experience as a Clinical Coordinator prior to applying for this job?”
“No.”
“Then what made you think you were qualified for such a responsible position?”
“I wasn’t looking for such a position. Dr. Shriver told me about it and suggested that I meet Dr. Rutherford. It was Dr. Rutherford who suggested I apply after I graduated.”
Dubois raised his eyebrows, then threw a glance over his shoulder at Rutherford.
Evan smiled and winked at Jeanette when she glanced his way.
“Let me understand. Dr. Rutherford met you through his old friend, Dr. Shriver, and suggested that you, a new graduate with no administrative experience, should apply for the position in his project. Didn’t that seem strange to you?”
“Yes, it did.” She smiled at him and shrugged. “I guess Dr. Rutherford is easily impressed. The previous Clinical Coordinators only had high school diplomas.”
Shouts of laughter erupted in the courtroom.
The judge gaveled for order, but Jeanette noted he had a smile on his face.
Dubois stalked back to the defense table and spoke to Rutherford, who angrily shook his head and pointed toward her. Dubois slammed his hand down on the table. An angry, low “no way in hell” was heard by those in the front of the room.
“Mr. Dubois, we’re waiting. Do you have anymore questions for this witness?”
“No, your Honor.”
Rutherford surged from his chair, knocking it over.
“Goddamit, Dubois. She set me up. Now do your job and ask the damn questions. Ask her about her lovers poking their noses into my business. Ask her about her after-hours searches of my offices.”
The judge stood up from his chair and yelled to be heard over the tirade as he pounded his gavel rapidly on the podium.
“Dr. Rutherford, if you do not take your seat and shut up, I will have the courtroom cleared and hold you in contempt of court. Do you understand me, sir?”
Rutherford sat down. His face was sullen.
Dubois held up his hands. “I’m sorry for the outburst. My client is upset.”
“That’s obvious.” The judge turned to Jeanette and in a gentler tone excused her.
Jeanette rushed to her seat. Rutherford’s burning eyes seared her all the way. No matter what the outcome — and it didn’t look good for Rutherford — he would do his best to kill her.
After final arguments, the jury left the room.
But they returned almost immediately.
Lynn Barrios received everything she’d asked for — one million in compensatory damages and two million in punitive damages for the knowing, reckless endangerment.
Dr. Rutherford would be poorer, but still free.
Jeanette said as much to Evan and the others, surrounding her with their bodies, as they left the courtroom.
“I had a representative of the Medical Licensing Board attend the hearing. That was the man who cut Rutherford off when he tried to storm out of the courtroom before everyone else. I fear the good doctor has been summoned before the Licensing Board to determine why they should not for good cause take away his license to practice medicine.”
“Oh, shit.” Tony tightened his grip on Jeanette and looked around. “That signed her death warrant for sure, Evan. You heard him in there. He’s blaming all his troubles on Jeanette.”
“Until Jeanette came along with her sharp eyes, astute mind and courage, he’d been getting away with it,”said Evan. “So, in a way, he’s correct.”
“That’ll do Jeanette a lot of good when she’s dead.”
Evan’s answering smile to Tony’s grumbling reminded Jeanette of the Cheshire cat in Alice’s Adventures in Wonderland.
“What do you know, Evan?” she demanded.
“The feds are on board. They’ll be at the press conference. I’ve seen the prepared statement. It’ll knock the reporters’ socks off.”
“What are they charging him with?” Monique asked.
“What aren’t they charging him with?” Evan laughed.
“Well, that’s great,” Tony said. “I just hope he’s arrested before he hears about it, or our prize witness here won’t live long enough to celebrate his trial let alone his life-long incarceration in a federal prison.”
Tony’s statement sobered Evan up quickly.
CHAPTER FORTY-FOUR
The W Hotel, French Quarter
Surrounded by Tony and his men, Jeanette now knew what a quarterback must feel like in a huddle in the last few minutes of a ball game, behind by five points, with third down and goal to go. She’d done her job and gotten the team there. The offensive line had to step up and provide the protection needed to see the game won. She just hoped whatever play they’d come up with, she wouldn’t get sacked.
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