Dark Moon, A Work in Progress, Chapter Twelve
CHAPTER TWELVE
September 2013
Sitting at the defense table with Jim next to her on the Tuesday after Labor Day, Sarah stared up at The Honorable John Charles Tomlinson and tried to quiet the butterflies in her stomach. Judge Tomlinson was the opposite of Judge Tyler, who had been thin and sharp. He appeared to be around Sarah’s age, and he had no angles. He was slightly portly, with an open, round face, kind gray eyes, and a thatch of light brown hair sparsely streaked with gray. He treated everyone in the courtroom with the utmost politeness. He had been more than willing to listen to Jordan Stewart’s testimony although Sarah had entered the hearing very worried about whether her witness would be allowed to take the stand.
As expected, Percy Andrews had opined only psychotropic drugs would render Alexa able to stand trial. And he lied through his teeth about being biased when Sarah tried to impeach him with his loyalty to Ronald Brigman.
Then Jordan’s turn came, and she explained why, even if Alexa were given drugs, she still wouldn’t be competent to assist in her defense.
“She’s been through too much trauma. She lost custody of her very young children, and that was a shock. And then she was the one who found Michael dead that night, and that was a shock.”
“But it was a shock only if she didn’t kill him.” Judge Tomlinson broke in.
“At this point, Your Honor, we have to presume she’s innocent,” Sarah reminded the judge. “She reported finding Michael to the police, didn’t leave town, and went in voluntarily for questioning.”
“Okay. For the moment, I’m going to make that assumption. But haven’t you also testified, Dr. Stewart, that she’s so depressed it will require medication to get her even to talk to a counselor? Why put her in the hospital if meds will make her able to talk to her attorneys and assist with her defense?”
“Because there’s no guarantee medicating her will restore her to competency. She can only be competent after she heals from the underlying trauma. Drugs might make her able to talk again, but healing requires being able to talk about the traumas and working through her emotions. Right now she’s so overwhelmed by her feelings, she’s completely nonfunctional, and she will still be overwhelmed even if she’s no longer too depressed to talk.”
“I see.” Sarah watched the judge make notes on his yellow legal pad.
He continued to scribble furiously after Jordan stepped down. After a few more minutes of writing, he looked directly at Sarah.
“Ms. Knight, I have a few more questions for Dr. Andrews. Would you object to allowing Mr. Baldwin to recall him briefly?”
I object with every fiber of my being, Sarah thought. But she could tell Judge Tomlinson had taken Jordan’s testimony seriously, and she didn’t want to risk making him angry by saying no. “That’s fine, Your Honor.”
Percy Andrews slithered from the back of the courtroom and wrapped himself around the chair on the witness stand after being resworn.
“Dr. Andrews,” the judge began, “you’ve heard Dr. Stewart’s opinion. She believes medication alone will not restore the defendant. In Dr. Stewart’s opinion Alexa Reed needs counseling. Do you agree?”
“Not at all. A good drug like Lexapro will have Alexa Reed ready to assist her attorneys in her defense within two weeks. I’ve already said she’s faking mental illness to avoid being tried. She’s a very bright, clever young woman.”
Judge Tomlinson frowned. “I’m not seeing evidence of faking on this record.”
“That is my professional opinion,” Andrews insisted.
“Very well. I need a few minutes in chambers to look over the expert’s reports before I decide.”
Sarah watched Tomlinson’s round figure waddle off the bench. She and Jim stood up, and Jordan came from the spectator section of the courtroom to join them.
“I’m pleased he didn’t buy the ‘faking’ it line from Andrews,” Jordan said.
“I’m holding my breath.” Sarah was a taught as a wire.
“Whatever happens, I thought both of you did a great job,” Jim observed.
“Thanks,” Jordan smiled, but Sarah didn’t look at him. She was staring at the bench with a dazed look in her eyes as if she were reliving some horrible memory.
“Are you all right?” Jim asked.
“Of course.” She turned to him and smiled although he thought it was forced. “I’ve got to make a phone call. I’ll be out in the hall. If the judge comes back, let me know.”
“She’s letting this get to her,” Jordan remarked as Sarah vanished through the courtroom doors. “I’ve never seen her this worried about an outcome.”
“Were you involved when she did the Joey Menendez case?” Jim asked.
“No. Why do you ask?”
“She got a very big crime boss off. No one thought she had a chance in hell of succeeding.”
“And you’re thinking this is like Menendez?”
“Well, it’s certainly a case that looks hopeless on what we have now.”
* * *
Thirty minutes went by before Judge Tomlinson resumed the bench. Sarah had paced in the hallway the entire time, hoping against hope the delay meant a favorable ruling. Jim, who had remained in the courtroom, came to tell her the judge was ready to rule on Alexa’s competency to stand trial.
“Everyone can sit down,” Judge Tomlinson said. “You don’t need to be standing as if the clerk were reading the jury’s verdict.”
Sarah was grateful to feel the chair under her. She was so nervous her legs were shaking.
“Your expert makes out a good case for hospitalizing Mrs. Reed.” The judge’s mild gray eyes met hers. “Whatever the truth is about the night of June 2, she suffered a significant trauma. And being separated from her children certainly has to be a factor in her breakdown.
“I think from a medical/psychological stand point, Dr. Stewart has the better recommendation. But the trouble is, the law isn’t asking what is best for Alexa Reed from a medical/psychological point of view. The law is asking how to make her able to assist in her defense and to understand the proceedings at trial. And from that point of view, Dr. Andrews’ opinion better answers the question. So I’m going to adopt Dr. Andrews’ recommendation and find that there is no less intrusive procedure.”
“Your Honor, I have a request,” Sarah spoke up.
“And that would be Ms. Knight?” His mild demeanor never changed even though it was clear she was going to challenge him.
“I want to take this up to the court of appeal on a writ.”
Again Judge Tomlinson was unphased. “I’m not surprised. You’ve very set against using these drugs on her, aren’t you?”
“She’s on trial for her life. It’s not fair to put her in front of a jury looking like a drugged-up zombie.”
The judge looked over his half-glasses at Percy Andrews, who was sitting next to Preston Baldwin at the prosecution’s table. “Do you agree the drugs will alter her demeanor?”
Sarah expected him to lie through his teeth and deny they would have any effect. To her surprise he didn’t. “I can’t say for sure, but patients on these meds do have a rather flat affect. They don’t seem to feel anything, and they can appear distant and detached. On the other hand, not every one of these medications has that effect on every patient.”
“Okay.” The judge looked back at Sarah. “Here is my ruling, Ms. Knight; and I’m taking into consideration your concerns. I’m going to order the jail psychiatrist to prescribe the appropriate medications for Mrs. Reed. We’ll have another hearing in thirty days to hear from Dr. Andrews to see if, in his opinion, she is competent to stand trial. And I will be happy to hear from Dr. Stewart, too, if you want to bring her back. That is my order.”
* * *
The woman with the beautiful face with the terrible scar and the man with the kind eyes had come to see her. They had been coming for many days, Alexa knew, and she thought there might even be a pattern to their visits. Maybe every other day or every two days. Floating in her protective bubble dissolved time, so she wasn’t sure.
For the last several visits, they had talked about a hearing to decide if the jail could give her drugs to lift the depression, so she could talk to them and stand trial. The woman didn’t want that. She wanted Alexa sent to the psychiatric ward of the state hospital to talk to the doctors about everything that had happened.
“You need to be well before they put you on trial,” she said.
But Alexa had thought, “I will never be well because I’ve lost Meggie and Sam.”
Now they were here again, but the woman’s eyes were even sadder than before. And the man with the kind eyes squeezed her unresponsive hand just a little tighter and looked sad, too.
“We lost, Alexa,” the woman said. “The jail psychiatrist is going to prescribe antidepressant medication for you. Then there will be another hearing to see if you are able to stand trial. I’m so sorry. I wanted to win this one as much as I’ve ever wanted to win anything.”
But Alexa smiled inside because she could not smile outside. God hadn’t let the beautifulwoman win because He had other plans. He knew Alexa hadn’t killed anyone, and He had not forgotten her.