Finally, seated right next to Ms. Yates is the defendant in this case, Mr. Matthew Duncan. He is wearing a blue blazer. Mr. Duncan, please raise your hand so the jury can identify you. (Mr. Duncan raises his hand). Thank you.
Now, members of the jury, I’d like to ask each of you, once more, if anything has occurred since you were selected for this trial that might prevent you from being fair and impartial in this case? (no response from jury).
Very well. I will now read you the details of the charges in this case as well as other background information, the wording of which has been agreed upon by both the prosecution and defense. They read as follows:
Matthew William Duncan has been charged with the crime of manslaughter, in violation of the laws of the City and County of Edgewood and of the State of Washington. The charges read: that on or about the night of May 30th, Mr. Duncan did recklessly and without regard for the health, safety, and welfare of others, enter the private intensive care hospital room of Mr. Dominic Montoya who was a patient at Edgewood Medical Center, and did, by his actions, cause Mr. Montoya’s medical condition to deteriorate, resulting in his subsequent death.
The following facts have been mutually agreed to and allowed to be disclosed at this time by both sides in this case:
1) Mr. Duncan was a patient at Edgewood Medical Center at the time.
2) Mr. Duncan has pled guilty to a lesser-related offense of criminal trespassing by entering Mr. Montoya’s room.
3) Mr. Duncan admits that he spoke with Mr. Montoya.
4) Mr. Duncan admits that Mr. Montoya was upset after they spoke.
5) Mr. Duncan has pled innocent to the charge of manslaughter.
The members of the jury are to remember that Mr. Duncan is considered to be innocent of the charges against him, and you may only find him guilty if, after careful deliberations and considering only the facts and testimony presented, the jury unanimously votes to find him guilty beyond a reasonable doubt of the crime of manslaughter. A reasonable doubt is defined as being that which might cause a person to have a doubt in matters of importance.
The facts I previously read to you should not in and of themselves lead you to form any opinion in this case, but may be considered in the overall context of all facts and testimony you will be presented with. You are not to begin to form any opinion about the guilt or innocence of Mr. Duncan until you have heard all the facts and testimony in the case and begin your deliberations.
This concludes my instructions to the jury. We will now start the trial with opening statements. We will begin with Mr. Silverstein.
(Mr. Silverstein rises and approaches the jury)
Mr. Silverstein: Good afternoon, ladies and gentlemen. I have a question for you. Have you ever had someone say something or do something to you that made you so upset that you thought you were just going to burst? Sure, all of us have—someone cuts us off in traffic or says something that makes us angry. Well, imagine that someone said something to you that was extremely upsetting, while at the same time you were recovering in the hospital from a serious injury. What might the outcome be then? It might not be very pretty. It might, in fact, be quite awful—even deadly.
This scenario is exactly what I intend to prove to you occurred just about six months ago. I intend to prove, beyond a reasonable doubt, that the defendant, Matthew William Duncan, came into the victim’s critical care room at the Edgewood Medical Center and so upset the victim by his actions that Mr. Montoya very shortly after that, passed away. That’s called manslaughter, ladies and gentlemen, and I hope to prove to you that Matthew Duncan did indeed commit this crime.
You have heard from the judge that the defendant is not denying that he entered Mr. Montoya’s hospital room. You have heard that the defendant is not denying that the victim became very upset after he spoke with him. The judge has warned you not to consider these facts separate from the others that will be presented to you in this case, and I agree with that one hundred percent. Nor should you exclude them and not consider them. Keep them in mind, and use your common sense as you hear all the facts that will be presented to you over the next few days. If you listen closely, I am convinced that justice will demand that you return the verdict of guilty as charged. Thank you.
Judge Nelson: Thank you, Mr. Silverstein. We will now hear opening statements from the defense. Ms. Yates.
(Ms. Yates rises and approaches the jury)
Ms. Yates: Thank you, Your Honor. Members of the jury, we are fortunate to live in a country where we are presumed innocent. Right now, if you had to render a verdict, it could only be one thing—innocent. That’s exactly what Judge Nelson has instructed you to do. You must presume Matthew Duncan is innocent. At this point, you’ve heard no facts that might change that, as there has been no evidence and no testimony yet that directly links my client’s visit to Mr. Montoya to his subsequent death.
Mr. Silverstein will be presenting you with witnesses that will attempt to create that connection. I encourage you to listen very carefully to all of their testimonies as well as the testimony of Mr. Duncan himself. Even though he is not required to, and is presumed innocent as he sits there right now, he has asked to take the witness stand in his own defense, to tell you in his own words exactly what he said and did while visiting Mr. Montoya. As you listen to his testimony related to his actions in Mr. Montoya’s room, you will need to weigh what he says against your own life experience. See if what he tells you rings true or not.
The fact that Mr. Montoya died subsequent to a visit by Mr. Duncan is not reason in and of itself to associate that death with Mr. Duncan’s visit. Mr. Montoya was in the Critical Care Unit. Critical care means that he had serious enough injuries to merit a heightened degree of treatment and attention. Mr. Montoya was admitted to the hospital suffering from multiple stab wounds. You’ll hear testimony about the serious nature of those wounds and of what occurred during his emergency surgery.
Finally, as we begin this trial, keep in mind that Mr. Duncan has made no attempt to hide or cover up his actions. He visited Mr. Montoya and has admitted freely as much, but as I hope to prove, the prosecution will be asking you to take a large leap, far beyond what the facts indicate, to link Mr. Duncan’s visit with the death of Mr. Montoya. Thank you.
Judge Nelson: Thank you, Ms. Yates. As the time before the lunch recess is short, I would prefer not to start any testimony now. If there are no objections, I would move that we recess for lunch and plan to have everyone back here at 1:30, at which time the prosecution should be ready to call its first witness.
Members of the jury, I would like to caution you not to talk to anyone about the facts in this case, including other members of the jury, your friends, co-workers, or family members. If you come across witnesses, attorneys, or anyone involved in this case while in this building or away, I would request that you avoid speaking with them or being in proximity to them, so as to overhear any conversations they may be having, or otherwise having any contact with them whatsoever. The Bailiff will now escort you out. Court will be in recess until 1:30 p.m.
The agent checked his watch. He decided he had time for one more document before getting back on the highway and heading east toward Idaho. He took a sip of cold coffee and ate the last bite of his egg and muffin sandwich before reading the next document:
Edgewood Court Transcript, Part II
Edgewood County Court
Official Court Transcript
Case #020086044
The People vs. Matthew William Duncan
(WHEREUPON the following was heard and recorded in open court, to wit:)
Bailiff: All rise.
Judge Nelson: Thank you. You may be seated. Before we had our lunch recess, we had finished up with the opening statements, and so it’s now time for the prosecution to call its first witness. Mr. Silverstein, are you prepared to call your first witness?
Mr. Silverstein: Yes I am, Your Honor.
Judge Nelson: Very well, then, you may proceed.
&
nbsp; Mr. Silverstein: Thank you, Your Honor. Your Honor, the People would like to call Ms. Dora Watson to the stand.
Judge Nelson: Ms. Watson, please approach the witness stand to be sworn in.
Bailiff: Raise your right hand. Do you solemnly swear and affirm, under penalty of perjury, to tell the whole truth and nothing but the truth, so help you God?
Ms. Watson: I do.
Bailiff: You may be seated.
Mr. Silverstein: Ms. Watson, if you could, please tell the court what it is you do for a living and where.
Ms. Watson: I’m a nurse.
Mr. Silverstein: And for whom?
Ms. Watson: Oh, I’m sorry, for Edgewood Medical Center.
Mr. Silverstein: And as a profession, are there different levels of nursing?
Ms. Watson: Yes.
Mr. Silverstein: And could you tell us what those are?
Ms. Watson: Well, from sort of the lowest to the highest, there are aides, then LPNs or licensed practical nurses, RNs or registered nurses, and finally there are NPs or nurse practitioners.
Mr. Silverstein: And what do you mean by lowest to highest?
Ms. Watson: Each level requires more experience and education, generally.
Mr. Silverstein: And what level of nurse are you?
Ms. Watson: I am a registered nurse.
Mr. Silverstein: And how many years of education and experience do you have?
Ms. Watson: I have been a nurse for twenty-three years and went to school for four, or I guess make that five years before that. So, I’d say about twenty-eight years in all, between school and work experience.
Mr. Silverstein: And in those twenty-three years of work experience, how many years have you been working for the Edgewood Medical Center?
Ms. Watson: All twenty-three.
Mr. Silverstein: And you’re pretty good at what you do?
Ms. Yates: Objection, Your Honor. The question calls for speculation.
Judge Nelson: Sustained.
Mr. Silverstein: Ms. Watson, do you get some sort of review by your superior, annually or semi-annually?
Ms. Watson: I do, every year we get one.
Mr. Silverstein: And could you please tell the court, or give the court an idea of how you do on those evaluations by some objective measurement?
Ms. Watson: Well, we get a score assigned, and I always have placed in the excellent to outstanding category.
Mr. Silverstein: Is that the highest or second highest category?
Ms. Watson: It is the highest.
Mr. Silverstein: So, you have been a registered nurse at Edgewood Medical Center for twenty-three years and have consistently received excellent or outstanding reviews for your work. Is that accurate?
Ms. Watson: It is.
Mr. Silverstein: And what unit do you work on at the hospital?
Ms. Watson: I work on the Critical Care Unit.
Mr. Silverstein: On the night of May 29th of this year, into the very early morning hours of May 30th, were you working at the hospital during that shift?
Ms. Watson: I was.
Mr. Silverstein: And during that shift, did you have as a patient, a Mr. Dominic Montoya?
Ms. Watson: I did.
Mr. Silverstein: And describe, if you could, what sort of medical treatment Mr. Montoya was receiving. What was the nature of his illness or injuries?
Ms. Watson: Mr. Montoya had been admitted to our unit from the Emergency Care Unit. He had undergone surgery there for multiple lacerations and puncture wounds to the upper body.
Mr. Silverstein: In layman’s terms, what are lacerations and puncture wounds?
Ms. Watson: In his case, lacerations are cuts caused by some sort of sharp object, such as a knife, and puncture wounds are what you’d get from being stabbed by a knife.
Mr. Silverstein: So, you were caring for Mr. Montoya after he had undergone surgery for what were multiple cuts and stab wounds. Is that right?
Ms. Watson: That is correct.
Mr. Silverstein: And could you describe Mr. Montoya’s medical condition.
Ms. Yates: Objection, Your Honor. Calling for the witness to speculate.
Judge Nelson: Sustained. Mr. Silverstein, please keep your questions to the level of medical expertise established for the witness.
Mr. Silverstein: Thank you, Your Honor. Ms. Watson, what is the nature of the care given on the Critical Care Unit where you were caring for Mr. Montoya?
Ms. Watson: I’m not sure I understand the question.
Mr. Silverstein: How is the care given by the Critical Care Unit different from the care given by say, the General Medical Unit at your hospital?
Ms. Watson: Well, our patients are in much worse condition, generally, than you’d find on other units, and they need much closer supervision and more intensive treatments.
Mr. Silverstein: And did Mr. Montoya fit this general patient profile that you just described?
Ms. Watson: Very much so.
Mr. Silverstein: On the night in question that we talked about before, May 29th into the morning of May 30th, how many patients were you caring for, including Mr. Montoya?
Ms. Watson: I had one other patient.
Mr. Silverstein: So, you had a total of two patients that night, is that right?
Ms. Watson: Yes.
Mr. Silverstein: And describe for us your routine that evening—how do you manage your time when caring for two patients under critical care?
Ms. Watson: Well, I pretty much constantly or frequently go back and forth from one room to the other. I was going between Mr. Montoya’s room and my other patient’s room.
Mr. Silverstein: How long would you stay in each room, and how frequently would you say you were in each room?
Ms. Yates: Objection. Again, calling for speculation, Your Honor.
Judge Nelson: Overruled. Continue Mr. Silverstein.
Mr. Silverstein: Ms. Watson, how frequently did you go between your two patient rooms that night?
Ms. Watson: Well, we have to log each time we enter the room and leave the room, so I know, in general, I was in each room three times an hour and spent about five to ten minutes each time in each room.
Mr. Silverstein: And how do you know this?
Ms. Watson: Well, from my memory, but I’ve also reviewed the log for that evening, and it matches what I recall.
Mr. Silverstein: Your Honor, I would now like to submit to the court, People’s Exhibit A, which is the actual hospital log that Ms. Watson completed that evening, detailing her visits to Mr. Montoya’s room and her notes on his status each time she visited.
So, Ms. Watson, you were visiting Mr. Montoya’s room about three times each hour and were spending five or maybe sometimes up to ten minutes each time in the room. Is that correct?
Ms. Watson: Yes, that’s right.
Mr. Silverstein: And are visitors able to be in the patients’ rooms on the Critical Care Unit?
Ms. Watson: Patients can have two direct family members for up to fifteen minutes out of each hour.
Mr. Silverstein: And did Mr. Montoya have any direct family members visit him that evening?
Ms. Watson: He did.
Mr. Silverstein: And who were they?
Ms. Watson: His sister and mother.
Mr. Silverstein: Is that all the family members that visited him?
Ms. Watson: Yes.
Mr. Silverstein: And after those family members left, did you do anything special or different, in terms of patient care?
Ms. Watson: It’s normal to closely monitor a patient’s vitals in critical care just after a visitation. Sometimes they can fluctuate a bit at those times.
Mr. Silverstein: Vitals? Could you tell the court what you mean by that?
Ms. Watson: Vital signs—heart rate and blood pressure. All the critical care patients are connected and monitored for these. We watch them closely every time a new medication is given or, as I said, after a visitation.
Mr. Silverstein: Did you check Mr. Montoya’s
vital signs before and then after the visitation of his mother and sister?
Ms. Watson: I did.
Mr. Silverstein: And how did the patient’s, uh, Mr. Montoya’s vital signs compare with each other, that is, before and after the visitation of his mother and sister that evening?
Ms. Watson: They were very stable. There was no difference.
Mr. Silverstein: Did anyone else visit Mr. Montoya that night?
Ms. Watson: Yes.
Mr. Silverstein: And is that person present in this courtroom today?
Ms. Watson: Yes.
Mr. Silverstein: And could you point that person out?
Ms. Watson: Right there.
(Ms. Watson points at Mr. Duncan)
Mr. Silverstein: Please let the record reflect that Ms. Watson has identified the defendant, Mr. Matthew Duncan, as the other visitor that evening. Now, Ms. Watson, describe for us the circumstances by which you know that Mr. Duncan visited Mr. Montoya that evening.
Ms. Watson: I came into Mr. Montoya’s room, and he was sitting by the patient’s bed talking to him.
Mr. Silverstein: And what did you do at that point?
Ms. Watson: I asked him who he was, at first, and then I noticed he had a yellow band on his wrist, and I immediately pushed the security button.
Mr. Silverstein: Let’s take those one at a time. When you asked him who he was, did he respond?
Ms. Watson: Yes, he said his name was Matthew Duncan.
Mr. Silverstein: And what happened next?
Ms. Watson: That’s when I noticed the yellow wristband, and I pushed the security button.
Mr. Silverstein: What is the significance of the yellow wristband?
Ms. Watson: It’s used by the hospital to identify patients from the Psychiatric Unit.
Mr. Silverstein: So, the standard procedure in this case, when you find an unauthorized patient from the Psychiatric Unit in a room of a critical care patient, would be to call for security?
Ms. Watson: Well, it’s never happened exactly like that before. This was most unusual. We’ve had family members get out of control, and even patients, but I’ve never had a patient from the Psychiatric Unit enter one of my patient’s rooms. It would be very hard to get to us from the Psychiatric Unit, but calling security in such a situation is exactly the right thing to do.
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