Chase, The Bad Baby - Chase, the Bad Baby Part 26
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Chase, the Bad Baby Part 26

General pandemonium broke out, against a backdrop of both defense lawyers bolting to their feet, whispers among the gallery, and the jurors nudging one another.

"Silence!" said the judge. "You may proceed."

"Objection!" cried A.W. "I can't be called as witness. I don't know anything."

Thaddeus responded, to the judge. "Your Honor, Mister Marentz just told you in chambers that he was working to sort out the new records that he had discovered. I just want to ask him what he knows, since he's been in the chain-of-custody of those records."

The judge looked at A.W. "Do you wish to respond? My inclination is to allow Mister Murfee to go forward."

"Sure, Judge," said A.W., doing a complete about-face. "I'll be happy to tell what I know."

He took the witness stand, gave his name, professional address, and answered several questions about his role in the case as defense counsel.

Then Thaddeus asked, "How come the jury now has two totally different exhibits of nurses' notes from your client, the hospital?"

"Sir, I don't know," the old man said. "But we're looking into that."

"Well, let's do it this way. The nurses' notes that you first turned over. Where did those come from?"

"From my client, Hudd Family Healthcare."

"And where did they get those notes from?"

"From their records in-house, I would imagine."

Thaddeus nodded. "Did you ever talk to the records custodian about the origin of those records?"

"I did not."

"So you just assumed your client was telling you the truth when they told you they were giving you their records?"

"I assumed so, yes. Why wouldn't I?"

"Now we've found Major Mounce has been given a second set of nurses' notes. From a man who said he was from the hospital, correct?"

"That's what she said."

"Who would that man be?"

A.W. shrugged. "I can tell you, I don't have the slightest idea. He wasn't anyone I know about."

"Do you deny that he turned over to her the real nurses' notes?"

"I wouldn't know."

"Well, you were in the courtroom when she testified and you heard her?"

"Yes."

"I mean, there's nothing wrong with your hearing?"

"Nothing wrong there."

"So you have no reason to disagree with what she said, that the records you gave the jury were a complete fraud?"

"I can't disagree. They weren't meant as a fraud, however."

"You don't disagree they are a fraud?"

"Depends on what you mean by a fraud."

Thaddeus moved a step closer. "Well, let's think about that. If the jury had sent this brain-damaged baby home without a cent because of your phony records, would that be a fraud?"

"I can't answer that."

"Can't, or won't?"

"Both. I think I need to talk to my own lawyer."

"Are you taking the Fifth Amendment now?"

A.W.'s face had drained of color. His normally pink cheeks were white like chalk. "I certainly don't intend to sit here and incriminate myself."

"Do you think you might be guilty of a crime?"

"No-I don't know. That's why I'd like to talk to my lawyer first."

"So there might be a crime, it's that serious, to your way of thinking?"

A.W let out a long sigh. "Perhaps. I don't know. I just don't want to take a chance."

Thaddeus stepped back. "That is all. You're excused. Unless attorney Bridgman wants to question you."

Morgana stood. "No questions."

"You may be excused," said the judge. "And we'll break now for our afternoon recess."

Thaddeus allowed the courtroom to clear out ahead of him. He remained behind for ten minutes. Then he heard the courtroom door open behind him in the otherwise empty courtroom.

"Hello, Mister Hudd," Thaddeus said.

"Counselor," said Manny. "How goes it today?"

Thaddeus smiled and chuckled. "I hear you now work for the hospital."

"Only long enough to pass a stack of records to a certain Major this morning."

"Well done."

"Indeed."

"Are you ready to testify?"

"Indeed."

Thaddeus smiled and shook his hand. "Welcome aboard. I've been looking for a smart young lawyer to help with my cases."

"You've been busy, then?"

"Indeed."

54.

On the fifth and sixth days of trial the defense pulled out all the stops. But it was clear from the start that the defense case had been gutted by the truth about its records. "A bell once rung cannot be unrung" had never been more true. The jury had heard about the fraudulent records and had all but turned on TVs and succumbed to knitting as they ignored everything the defense witnesses had to say. At long last-blessed relief-the defense case was all in.

A.W made it official. "Defense rests, Your Honor."

Thaddeus took to his feet. "Your Honor, the plaintiff has one rebuttal witness to call."

Judge Moody looked up. "And who would that be?" he inquired.

"Manny Rodriguez."

A.W was instantly on his feet, objecting and sputtering about the sanctity of the attorney-client relationship and how Manny couldn't be called to testify about his client.

Thaddeus said, "We have the right to call him, it's rebuttal."

Judge Moody moved his hands forward and pointed an index finger at Thaddeus and A.W. "Gentlemen, approach the bench."

The jurors as one rolled their eyes as the lawyers took up their spots before the judge's throne and began speaking in angry whispers.

A.W went first. "Your Honor, this is unethical and must be barred. Further, counsel for the plaintiff should be censured by the court for this."

"I'm only trying to call a witness, Judge."

The judge looked sharply at Thaddeus. "Mister Murfee, don't try the feigned innocence with me. You know damn good and well you cannot call a former member of the defense team to testify."

Thaddeus leaned in and raised his voice a notch. "That's just it. He was never a member of the defense team."

A.W. exploded and his whisper carried throughout the room. "Ridiculous, of course he was!"

Judge Moody extended a palm. "Keep your voice down, Mr. Marentz. Mr. Murfee, ask Manny Rodriguez to step up here."

The waters parted and Manny joined the bench conference.

The judge began, "Mister Rodriguez, were you a member of the defense team in this case?"

"I was not."

A.W reared back and roared, "That's a blatant lie! Of course you were!"

Judge Moody indicated come here to A.W. "Raise your voice once more in my courtroom and you'll spend the weekend in jail. Do you understand me?"

A.W. meekly replied, "I do. Sorry."

Manny continued. "According to the Jones Marentz staffing partner, who is also the managing partner, I was never a member of the defense team."

Judge Moody frowned, frustrated. "A.W. says you were, you say you weren't. Mister Murfee, I'm afraid the defense wins on this one. He cannot testify."

Manny held up his iPhone. "Judge, can I play a recording off my cell phone?"

"What would I be listening to?"

"The staffing partner, Carson Palmer. Then me. It's just a single exchange, but it will make the point."

"Very well. But keep it low."

Manny clicked PLAY. "Mr. Palmer. You're saying I'm terminated and I'm no longer a member of the Hudd Family defense team?"

Carson Palmer, on the recording, answered, "You, sir, were never a member of the Hudd Family defense team. Now get your stuff and get out."

Thaddeus smiled and Manny returned the phone to his pocket. Judge Moody glared at A.W.

The judge made his ruling loud enough for those even out in the hallway to hear. "Mr. Murfee, you may call your final witness, Manny Rodriguez. The court specifically finds that Mr. Rodriguez was never a member of the defense team."

All attorneys resumed their seats at counsel table. Manny took his place in the witness chair.

Thaddeus began, "State your name."

"Manuel Rodriguez."

"Mr. Rodriguez are you prepared to tell the jury what you know about Hudd Hospital Chicago and Dr. Phillip Payne and how medical records were altered by these two defendants?"

A.W. leapt to his feet. "Objection!"

"Overruled," the judge said almost nonchalantly. "Please continue."

Manny continued his testimony. He explained how records were altered, records were shredded, records were switched out and phony records switched in, and how records were saved to the cloud computing location.

When he was finished, Thaddeus proffered the witness to A.W.

"No questions," said the founding partner.