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Dr. Triebel described types of traumatic brain injury, gave a quick course in bleeding and swelling in the brain. He said that Vicky Carmody had a subdural hematoma and an intracranial hemorrhage, and he categorized her injuries as catastrophic.
“And you operated on her, Dr. Triebel?” Lewis asked.
“Yes. I did. I evacuated the subdural hematoma, managed the swelling, and all I could do about the focal hemorrhage inside the brain was wait and pray.”
Lewis asked his witness, “What’s her prognosis?”
“Guarded for survival,” he said.
“Will she be able to walk?”
“It’s too soon to tell.”
“Doctor, is it fair to say that June thirteenth was the last normal day Vicky Carmody will ever have?”
Caine shot up from his seat, said, “Objection. The doctor has testified that he has no way of knowing what to expect for Ms. Carmody in the future.”
“Let me rephrase that,” said Lewis. “If Ms. Carmody survives, is it likely that she will fully recover from this vicious beating?”
“In a word, no.”
“That’s all I have for Dr. Triebel. Thank you, Doctor.”
Then Lewis spoke in the general direction of the defense table. “Your witness.”
Caine stood and walked toward the witness stand.
“I have a couple of questions, Dr. Triebel. Regarding the injuries to Ms. Carmody’s brain that you describe as catastrophic. You’ve said that she suffered most of the trauma to the brain stem and the frontal lobe. Is that correct?”
“Yes.”
“And do I understand correctly that these are the parts of the brain that control motor function, memory, and speech?”
Lewis spoke from his seat. “Objection, Your Honor. The doctor fully explained the extent and type of injuries to the court.”
“I’ll allow it anyway,” said the judge. “Some of us wouldn’t mind hearing this again. Please continue, Mr. Caine.”
“Thank you, Your Honor. Dr. Triebel, shall I repeat the question?”
r /> The doctor said, “That’s not necessary. Yes, the brain stem and the frontal lobe control motor function, memory, and speech.”
“Thank you. Now, Dr. Triebel. After help arrived many hours after the attack, Ms. Carmody was interviewed by the police, and she responded to questioning. Is it likely that her memories of the attack were affected by the trauma she sustained?”
“Maybe yes. Maybe no. Could go either way.”
“Well, then, is it fair to say that any testimony she gave in this traumatized condition was questionable, even unreliable?”
The doctor folded his hands in front of him. “The brain is an amazing organ. Ms. Carmody was unconscious when she was admitted to the hospital. Without evaluating her brain function at that time, we can’t know if Ms. Carmody remembered the attack accurately or not.”
“Thank you, Doctor.”
Lewis had put the doctor on the stand to testify about how much damage the victim had suffered at her attacker’s hands. I liked the way Caine had turned the evidence around to question Carmody’s ability to know what had happened to her.
I hoped at least one juror saw it as reasonable doubt.
As the witness stepped down from the box and left the courtroom, Dexter Lewis exchanged a few words with his co-counsel. Then the ADA stood, buttoned his jacket, said to the judge, “The People rest, Your Honor.”
“Thank you, Mr. Lewis,” said the judge. “Mr. Caine? Are you ready to present your case?”
