"Doctor Payne sucked. That part about taking off to catch his kid's Little League baseball game was inexcusable. He blew it, we have a bad baby, and no one will admit it. No one on our side. I told him to put his house in trust where no one can find it."

"You didn't."

"No, I didn't, but I should have. These bastards should just pay policy limits and settle. But no one on my bench seems to know that."

"Except you."

"Me. And that's it. Since you left I've had to become the firm's conscience on these cases."

"Fuck them, lady. Your ethical sensibilities in your little finger puts them to shame as a group."

She ignored that. "The firm's conscience is about money. The sooner I realize that and accept it the happier I'll be as a lawyer. Nothing is like what they taught us in law school. It's a dirt job and I need to get hold of that."

"Can you really accept that?"

She scoffed, meaning to deflect his question. "Let me tell you something. As of yesterday you're on the street with your hat upside down trying to learn to play the guitar. My partners don't fuck around with their staff. They'd just as soon dump us as dump records."

"You're afraid of these guys? Since when?"

"These 'guys' as you call them are the most well-connected guys in the country. They can ruin me and they will if I pull your brand of junior Batman shit with them."

"You're got a baby here, a real human being, who got fucked over by an incompetent hack of a doctor. Do you care about him?"

"Of course. Nobody wants that."

"Then who takes care of this kid if he loses this trial?"

She didn't hesitate, an attestation to how she had rationalized the problems away. Even as she said it, however, she knew it was a rationalization and hated herself for it. "His parents take care of him. My mom took care of me after my dad split. She worked three jobs. We all worked to put food on the table and warm coats on our backs. His folks will work too."

"He needs more than that, so-"

"-fuck that, Manny. I can't save the whole fucking world. Maybe you can, but I can't. Maybe Carson's right, maybe you didn't belong at Jones Marentz."

"He said that?"

"After you left. He ranted and raved for ten minutes. He fucking didn't appreciate you bringing up about the missing records over and over. You're not a team player, as he put it."

"Not that team. I'm on my own team from here on. So fuck him."

Manny slid out of the booth and snapped his overcoat from a hook. He began sliding into it.

"And why don't you say the rest of that. Fuck him and fuck-"

"-OK, fuck you too, Morgana. You've sold out, big time. Of all the fucking people I never thought would cave, you've definitely caved, lady. Do yourself a huge. Turn the real records over to Thaddeus.

"Sit back down. Let's talk this through."

"What, rationalize? No thanks, I'm already gone. Eagles, 1977."

46.

Second day of trial, Judge Moody called court to order and Latoya was the first witness. She testified quickly about the delivery, the C-section, and the problems with Chase since he came home. She completed her direct exam and then Morgana launched into her cross-examination.

"Good afternoon, Mrs. Staples."

Latoya tossed off a look at Thaddeus, who only nodded almost imperceptibly. Proceed.

"Afternoon," Latoya answered.

"You've told us you know at least forty-five minutes went by from the time Andrea sent out the C-section page until Dr. Payne removed Chase from your abdomen, correct?"

"Correct."

"And you know this because you were counting contractions, correct?"

"Correct."

"And so you want the jury to believe your version of the events based on the number of times you had a contraction, correct?"

"Correct."

"Do you recall Andrea and Nancy timing each and every contraction?"

"I-I-mostly I do, yes."

"Mostly you do. Is it possible that some of the contractions weren't timed?"

"I suppose it's possible."

"Yes, and it's possible that those contractions that weren't timed might have been less than three minutes long and less than three minutes in between, correct?"

Thaddeus stood. "Objection, there's no evidence any of the contractions went untimed, there's only counsel's suggestion."

Judge Moody gazed at the ceiling, then said, "Overruled. You may continue."

"Thank you, Your Honor," said Morgana. "Miss Staples. I asked you whether the times could even have been less than you can remember."

"I suppose anything's possible."

"And you would agree, then, that Doctor Payne might actually have been there in under thirty minutes-wouldn't you agree?"

"I don't think-"

"-keeping in mind that you were in tremendous pain and that you cannot specifically recall each and every minute that passed."

"Okay, he might have been there under thirty minutes. But that's not what happened."

"At least not according to your best recall."

"That's right."

"Which we can all agree might be impaired."

"It might not be perfect, but it's very close."

Morgana didn't respond, instead lowering her head and busying herself with an exhibit. After several minutes of flipping through pages, she looked up. "Latoya, I'm going to hand you what's been marked Defense Exhibit 67. Would you look it over and tell the jury what it says at the very top of page one?"

"Sure." She received the documents and gave them a once-over. "They are nurses' notes."

"Does it say what hospital?"

"Hudd Family Healthcare, Chicago."

"And look at page two, about halfway down. Can you see an entry there at six thirty-five p.m.?"

"I see that."

"Read it for the jury, please."

"'Nurse Andrea Mounce calls stat for C-section."

"The time that call was made?"

"It says six thirty-five."

"P.M.?"

"Yes. Nighttime."

"All right. Now moving on over to page seven, two-thirds of the way down. Can you see an entry there at six fifty-five?"

"Yes."

"What does that say?"

"Doctor Payne arrives OR. Initials are 'AM'."

"Andrea Mounce? Nurse Andrea Mounce?"

"I wouldn't know. I guess so."

"Well, your lawyer wouldn't want you to guess. I'll connect that up with another witness. But here's my question to you. If the stat call for a C-section was made at six thirty-five and the doctor arrived gowned in the OR at six fifty-five, how much time has gone by?"

"Twenty minutes."

"Clearly within the thirty-minute Decision to Incision window?"

"Yes. But that's not what actually happened."

"Move to strike, Your Honor. Non-responsive."

"The comment 'But that's not what actually happened' is stricken from the record. The jury is instructed to disregard."

"But that's-"

"No further questions," said Morgana, and sat down.

Thaddeus was immediately on his feet. "That's not what, Latoya? That's not what happened?"

"No, that's not what happened. He wasn't there within no twenty minutes."

"Did you see by any timepiece what time he actually arrived?"

She tapped her head. "Only by the one in here. I was counting contractions times three minutes."

"And you have previously testified on direct examination that he arrived no earlier than seven fifteen that night, correct?"

"That's right."

"And you know this because?"

"Because I was counting contractions at three minutes each."

"From the time you heard the stat call over the hospital public address until the time Doctor Payne actually came into the OR, how many contraction did you have?"

"Objection, asked and answered on direct exam."

"I'll allow it," said Judge Moody. "It's harmless."

Latoya said, "Can I say?"

"Please do. How many contractions from stat to arrival?"

"Thirteen or fourteen."

"Times three minutes per cycle, so between thirty-nine and forty-two minutes went by?"

"Yes."

"Which would have Doctor Payne actually arriving at seven fourteen to seven eighteen or so?"

"Yes."