Escape

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Escape Page 46

by Robert K. Tanenbaum


  With that, court was adjourned. Lewis got up and started to leave, but then turned back to the prosecution table. "That was low," she said.

  "No, it was right down the middle, about belt high, a perfect strike," Karp replied. Watching her stomp from the courtroom, he turned back to Katz and gave him a wink.

  "Nice work," Katz chuckled. "Couldn't have said it better myself."

  As promised, Dermondy called the court to session at noon. "You ready?" he asked Lewis.

  "Yes, sir, Your Honor. Let's go."

  The jurors were seated, and Lewis called her first witness. "Dr. E. Humphrey Splotz."

  She'd found Splotz, a pathologist, in South Carolina and contacted him about the case. He'd read her synopsis of what happened, took a glance at the medical examiner's report, skimmed the lengthier treatise by the Baker Street Irregulars, and said he would testify that the deaths of the Campbell children had been relatively quick. "My fee is $500 an hour, $600 if you want me to look at photographs and render an opinion. My secretary will contact your secretary for billing information."

  A small man who resembled a bowling pin with Donald Trump's hair, Splotz sat down in the witness stand and started to rock slightly back and forth as if he needed to use the restroom. However, he got through presenting his resume without any mishaps, and Lewis began her questioning.

  "Dr. Splotz, have you examined the evidence in this case?"

  "I have."

  "And have you reached any conclusions about the manner and cause of death in regard to the Campbell children?"

  "I have."

  "Doctor ... the jury has heard testimony that these deaths were particularly slow and agonizing.... Would you agree with that conclusion?"

  "No."

  "And why not?"

  "It's not accurate."

  Oh my God, thought Karp, this guy is going to bore the jury to death. He must bill by the hour.

  "How so?"

  Splotz looked up in the air and then out at the spectators. "Well, for one thing, it was considerably quicker than many instances of fatalities caused by gunshot or, say, a knife. Those victims may live for hours, even days, in horrible pain."

  "So drowning is faster in many instances?"

  "Yes."

  "Is it more agonizing?"

  "Actually, no."

  "Why not?"

  Splotz squinted over at the jurors as if he were trying to bring them into better focus. "I call it the 'mind-body death disconnect.'"

  "The 'mind-body death disconnect'?"

  "Yes."

  "Can you tell us about it?"

  "Well, yes, I've written a book about it called The Mind-Body Death Disconnect. Oh, and by the way, the term 'mind-body death disconnect' is copyrighted; my agent says I'm supposed to say that whenever I talk about the book," Splotz grinned smugly.

  "And what do you mean by the 'mind-body death disconnect'?" Lewis asked.

  "Well, when an animal recognizes that it is about to die in a violent way, there is a sort of 'disconnect.' The animal goes into a sort of shock that takes over the entire physiological system, shutting down the body's pain mechanisms and conscious thought. Animal biologists have noted this 'mind-body death disconnect,' for instance, when a lion brings down a zebra and begins to feed. It's obvious from the kicking legs and such that the zebra is still physically alive, but its mind is in a state of shock, essentially functioning on autopilot until physical death."

  "So in effect, even if it took several minutes for the Campbell children to physically die, you believe that the 'mind-body death disconnect' has shut down their ability to feel pain or think consciously?"

  "Yes."

  "And when you say 'think consciously,' you mean...?"

  "They would no longer be aware of what was happening to them."

  "Would they feel fear?"

  "Perhaps for a few seconds before they recognize—unconsciously, of course—that they are about to die. Then their minds would have disconnected ..." Splotz snapped his fingers once for emphasis. " ... from their bodies. The mind goes on autopilot; the body goes through the throes of physical death."

  "Thank you, doctor. No further questions."

  Judge Dermondy looked at the prosecution table. "Mr. Karp?"

  "Thank you, your honor. Dr. Splotz, have you seen the photographs of the defendant's arm after she murdered her children?"

  Splotz sat back as though he'd been assaulted. "Well, yes, I've examined them." he said.

  "So you've seen the scratches and the bite mark on the defendant's arms?"

  "Yes."

  "But you don't think the children were fighting for their lives?"

  "Well, perhaps at first, but then as the reality of death set in there would have been a 'mind-body death disconnect.'"

  "And this happened quickly?"

  "Yes ... in less than thirty seconds I believe."

  "Oh, really? How do you know? Have you ever timed this phenomenon?"

  "Well, no. It's an educated guess."

  "Based on what?"

  "Well, based on that people tend to pass out after about thirty seconds without air ... and those animal studies I cited. You know, the zebra has been taken down and it just sort of lays there, looking off into the distance while the lions feed."

  Nice going, Sherlock, Karp thought. Just reminded the jury of another lioness u/ith bloody mouth and paws. "Dr. Splotz, have you ever been held under water either on purpose or accidentally?"

  "Well, no."

  "Really? I'd think that nearly everyone in this courtroom, maybe as a kid at the pool, has experienced not being able to get a breath of air. But you haven't?"

  "No."

  "What about choked on something? I mean really choked to where you couldn't breathe?"

  "Oh, well, sure, I suppose."

  "And how did that feel?"

  "What do you mean?"

  "What sort of emotions did you experience? Panic?"

  "Probably."

  "Fear?"

  "Undoubtedly.

  "For how long?"

  "What?"

  "For how long? How long did you experience panic and fear?"

  "I suppose until I could breathe again."

  Karp smiled. This is like shooting fish in a barrel, not that I know what that's like. "Until you could breathe again," he repeated for emphasis. "Dr. Splotz, have you ever been stabbed with a nine-inch hunting knife right here?" Karp touched himself in the center of his chest.

  "No."

  "How about here? Or here? Or here?"

  "No."

  "Can you imagine how that would feel?"

  Splotz looked at the jury, then out at the spectators, and finally at the ceiling.

  "Dr. Splotz, I asked you a question."

  "I get what you're trying to do. Yes, it would hurt and cause fear. But only until the 'mind-body death disconnect' kicked in."

  "Which takes how long when you're being stabbed and drowned?"

  "I can't say exactly."

  "No you can't, can you?" Karp shook his head in disgust. It was exactly what he'd tried to explain to Kenny. People like Splotz made a mockery of the justice system.

  "Dr. Splotz, have you ever been chased by a lioness, pulled down with her claws, and ripped open and then smothered when her teeth clamped down around your throat?"

  "I object, Your Honor. Counsel is being ridiculous," Lewis countered. "What's he supposed to say? 'Yes, I was ripped open by a lion, but I got better'?"

  "The witness is the one who drew the comparison, Your Honor. I was merely improving it."

  "Overruled. It was the witness's analogy, Miss Lewis. The witness may answer the question."

  Splotz looked disappointed but shook his head. "No, I've never been chased, clawed, or ripped open by a lioness."

  "Then how in the hell would you know what it feels like? Or how long it takes before the 'mind-body death disconnect,' if there is such a thing, kicks in?"

  The courtroom was silent. Splotz looked at th
e banister in front of him and traced along the wood with a finger. He shrugged.

  "No further questions."

  Lewis called psychiatrist Harry Winkler to the stand. He testified that Charlie Campbell had brought his wife to him suffering from severe postpartum depression after the birth of their second child. "She had just attempted suicide by swallowing an overdose of Prozac, which followed homicidal ideation toward her second child, Chelsea."

  "Doctor, when you're talking about 'depression,' do you mean someone is feeling bluesy or sad?" Lewis asked.

  "Those can be symptoms of depression. But we all have down moments that we might call bluesy or sad. Usually it has something to do with a recent experience, such as the death of a family member or the loss of a job. When we're talking about clinical depression, we're talking about symptoms caused by a chemical imbalance in our brains. When there's a proper mix of this, let's call it a chemical soup, we may feel a little up one day and a little down another, but generally we're pretty evenly keeled. Neither up nor down—especially down—lasts very long. And it doesn't interfere with functioning in our daily lives. However, if these chemicals are out of balance the effect can be devastating. These bluesy or sad feelings can be magnified, into black depths of utter hopelessness and despair. The patient may not get out of bed for days, and may even feel physically in pain. They can't function, go to work, go to school, or carry on normal activities or conversations. The patient may feel like there is no way out; so suicidal ideation is common, as is actual successful suicide."

  "Can depression get worse?"

  "Depression in general has a tendency, if untreated, to get worse. Many people respond to treatment, both medication and counseling. However, there are some in whom the disease continues to progress; they don't respond to medication and give up on counseling."

  "In the defendant's case, you believed that her depressive episodes were brought on by giving birth?"

  "She probably already had some issues with depression. However, yes, postpartum depression is not uncommon. Pregnancy and birthing can both get a woman's hormones out of whack. It may manifest itself as crying for no reason, or even little fits of anger. But usually, this isn't serious and, given time, tends to fix itself."

  "What happened to Jessica Campbell after the birth of her daughter, Chelsea?"

  "She experienced severe postpartum depression to the point that she actually considered harming her child and then did attempt to harm herself."

  "Doctor, have you seen or heard of cases where a new mother might experience postpartum depression and then have it go away, either on its own or through medication, only to have it return after another birth, only this time it's even more severe?"

  "Absolutely. We're not sure of all the mechanisms, and it could be that in some cases, the mother never completely regains her chemical balance after the first episode. So when another child is born, the patient may already be predisposed to the condition, and when combined with the new episode, it's worse."

  "Doctor, were you made aware that Jessica Campbell may have suffered a postpartum depression episode after her first child, Hillary, was born?"

  "Yes. And I concur with the diagnosis."

  "So two children, two episodes of postpartum depression?"

  "Yes."

  "After you diagnosed Jessica Campbell as suffering from severe postpartum depression, did you make a recommendation to the Campbells regarding having any more children?"

  All eyes in the courtroom shifted to Charlie, who kept his eyes on Lewis. "Yes, I warned them that it was likely that the depression would return and also that the next episode could be worse."

  "And did you, in fact, warn both Charlie and Jessica Campbell that a third pregnancy could pose a danger to both the infant and the mother?"

  "Yes. That was my concern."

  Karp wasted little time going for the counterattack. "Dr. Winkler, do you have reason to believe that Charlie Campbell raped his wife and impregnated her?"

  Although nearly every mouth in the courtroom had dropped open in unison, not a sound came out of any of them.

  "No, of course, not," Winkler replied. "However, it's my understanding that he gave her an ultimatum..."

  Karp held up his hand and the psychologist stopped mid-sentence. "I didn't ask you what you may have heard from some other party. I asked if you, personally, had reason to believe that Jessica Campbell was forced to have sex against her will and therefore had no choice when deciding whether to conceive a third child?"

  "No."

  "So then it stands to reason that Jessica Campbell was at least partly responsible for this conception? In other words, half the DNA in little Benjamin, as well as his two sisters, was Jessica's."

  "As far as I know."

  "And therefore, half the responsibility for ignoring your recommendation was Jessica Campbell's."

  Winkler glanced over at Lewis but got no help. "I suppose she had something to do with it."

  Karp pressed on. "You testified that postpartum depression is not uncommon, is that correct?"

  "It is."

  "Do you have any idea what percentage of new mothers have postpartum depression?"

  "No, I've never seen a figure for that."

  "But quite a few?"

  "Yes ... enough anyway that those of us who treat it consider it prevalent in the population."

  "So if there are about 4 million births a year in the United States, would it be safe to say that thousands of those women would experience postpartum depression?"

  "Yes, based on anecdotal evidence and a few studies I've seen, that's probably a low number."

  "Thousands might be a low number," Karp agreed. "And of those thousands, maybe more, how many of those women hold their children under water while they scratch and fight for their lives until they're dead, or stab them in the chest until they bleed to death?"

  "Objection," Lewis said. "Counsel is giving another speech. How is the witness supposed to know the answer to that?"

  "Your Honor, the witness has testified that within his profession it is a known fact that postpartum depression is not uncommon," Karp said. "He has also testified that he treats quite a number of women for this affliction. I'm asking if he has personal or professional knowledge of how many women have committed these acts upon their children."

  "Overruled. The witness may answer the question."

  Winkler shrugged. "Not many."

  "Not many? Do you know of any others in, say, the past six months since this happened, which would be about 2 million births?"

  "No."

  "How about the past year, two years? How far back are we going to have to go?"

  "I don't know of any specifically. However, I do know there have been other cases of women suffering from postpartum depression who have harmed their children."

  "But you can't name one. Let's assume such instances are rare. In how many of these rare instances would the mother NOT have realized that holding her children under water or stabbing them would injure or kill them?"

  "Objection," Lewis said. "The witness has already said he doesn't know of any other cases. And besides, we're talking about one specific case here, not any others."

  "Okay, I withdraw the question," Karp responded. "Instead, I'd like to ask the witness if he knows whether Jessica Campbell was aware that holding her children under water for a long period of time, or stabbing one of them in the chest six times, would injure or kill them."

  Winkler waited for Lewis to object again, but when she didn't he had to answer. "I haven't examined Mrs. Campbell since this happened. I don't know what she thought or realized."

  "I understand. But if I remember correctly, she did tell you she considered placing a pillow over Chelsea's head. But she knew that would harm or kill the child."

  "Yes, that's what she told me."

  "So even though she was suffering from severe postpartum depression like thousands of other women at that time, she knew then that smothering her child would
harm or kill the child?"

  "I suppose that's correct."

  "Well, if she knew that smothering her child was likely to cause harm or death then, do you have reason to believe that she had no idea in March of this year that drowning her children, or stabbing one of them six times in the chest, was going to cause harm or death?"

  The psychologist frowned. "I haven't spoken to Jessica about this unfortunate affair, so I don't know if something changed in her thinking."

  "I see. Again, if I remember correctly, the reason Jessica did not smother her second child was because she knew that it was wrong. In fact, her suicide attempt was to prevent herself from harming her child because mothers aren't supposed to kill their children."

  "I object to the overly dramatic characterization here," Lewis said. "There hasn't been any testimony about what mothers are or aren't supposed to do ... another attempt by Mr. Karp to give a little speech."

  "Perhaps a bit less dramatic, Mr. Karp," Dermondy said. "Sustained. Try and sharpen the focus of your question."

  "My apologies, Your Honor and counsel. So, Dr. Winkler, Jessica Campbell told you she didn't kill her second child four years ago because she knew that it was wrong. Am I correct?"

  "That's what she told me."

  "So even though she was suffering from postpartum depression like thousands of other women at that time, she knew it was wrong to harm her child back then?"

  "Asked and answered," Lewis said.

  "Sustained."

  "Well, then, Dr. Winkler, do you have reason to believe that she did not know it was wrong in March of this year to kill all three children?"

  "Like I said. I haven't spoken to her. I don't know what she was thinking."

  "That's correct," Karp replied. "You don't know what she was thinking." Winkler didn't respond. He had the look of a man who desperately wanted to be someplace else, but Karp wasn't through with him. "Do you know of any women with postpartum depression who injured or killed their children and then took elaborate steps to hide the evidence, including removing the bodies and refusing to say what happened?"

  "Objection. As the prosecution witnesses noted, Jessica Campbell did say what happened.... She sent the children to be with God."

  "Let me rephrase that last part. I should have said 'refused to say what actually happened.'"

 

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