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“Yes, Your Honor. If you’d be willing to accept evidence from Doctor Carter, he can testify as to why Miss Fay had the medication and her medical condition, which the county attorney has alleged is either fabricated or the result of drug abuse.”
The judge nodded. “Any objection, Mr. Federico?”
The other attorney rose, buttoning his suit jacket. “Yes, Your Honor. Evidence at this stage could be prejudicial to eventual charges brought against Miss Fay.”
The judge hummed. “No, I don’t see that, Mr. Federico. I think it’s in both Miss Fay’s best interest and the public’s confidence in our constabulary and the county attorney’s office to resolve this today if we can. I’ll allow the evidence. Doctor Carter, please approach and let the clerk swear you in.”
The doctor handed his hat to Sutter, rose, and walked through the wooden gate into the front of the courtroom with an ease that told Sutter he’d been here many times. The clerk seated him in the witness stand to the right of the judge’s bench and had him swear on a Bible.
“Doctor Carter,” the judge said. “In the interests of causing the least amount of further discomfiture to Miss Fay, I’m going to question you. As this is an evidentiary hearing and not a trial, I consider this appropriate and expedient. Counsel will have the opportunity to cross. I’m familiar with your credentials, Doctor. Has anything changed since the last time you appeared before this court?”
“No, Your Honor,” the doctor said.
“Thank you. State your name and your medical qualifications for the record.”
The doctor reeled them off as the judge nodded.
“For the record,” Judge Pike said. “I accept your qualification as a medical expert. Have you had an opportunity to examine Miss Fay?”
“I have, Your Honor,” the doctor confirmed.
“Please tell me your medical findings.”
“It’s my opinion that Miss Fay suffers from post trauma tonic-clonic seizures. Having now received and reviewed Miss Fay’s medical records—”
Mr. Federico shot to his feet. “Objection. Lacks foundation. Hearsay.”
“Overruled, Mr. Federico. I’ll remind you that this is an evidentiary hearing, not a trial. I have wide latitude in what I consider in response to a writ of habeas corpus, and I’ve already said I’ll allow counsel to cross. I asked Doctor Carter for his findings and his review of Miss Fay’s medical records is relevant to his expert opinion. Sit down.”
The attorney slumped back into his seat.
“Please continue, Doctor Carter,” the judge said.
The doctor cleared his throat. “Having received and reviewed Miss Fay’s medical history, I conclude that her condition is a result of a severe reaction to surgical anesthesia she received eleven years ago. Since the traumatic event, she has suffered tonic-clonic seizures with decreasing regularity. Her seizure frequency has decreased as a result of a diligent adherence to her prescribed pharmacological routine. However, under stress, she is still at risk of suffering a tonic-clonic event.”
“Thank you, Doctor. Please describe a tonic-clonic event for the court’s edification.”
“Yes, Your Honor. A tonic-clonic event used to be called a grand-mal seizure. It’s characterized by both stiffening and jerking of the major muscle groups. The victim loses consciousness. They often void their bowels as Miss Fay did during the event yesterday. One of the major risks of a tonic-clonic seizure is the victim biting their own tongue, which Miss Fay also did during yesterday’s event.”
Sutter put a hand over his eyes so no one could see either the tears or the rage in them.My mother did this. To my baby. My Little. There aren’t enough cuddles in the world to make this up to her.
“Does Miss Fay have any history of use of controlled substances, Doctor Carter?” the judge asked.
“She was prescribed opioids post-surgery and continued with them for less than six months while she was undergoing physical therapy for the injury that was surgically repaired. She came off the opioids by way of normal reduction and has no history of opioid use after that period. She’s prescribed three anticonvulsants currently, none of which are controlled substances.”
“Thank you, Doctor. In your medical opinion, is Miss Fay’s health at risk while she remains in police custody?”
“Yes, Your Honor,” the doctor answered simply.
“What led you to that opinion?” the judge asked.
“When I examined Miss Fay, she was both dehydrated and malnourished. Dehydration on its own can trigger tonic-clonic seizures and in my medical opinion, it’s just by the grace of God she hasn’t had another one today. She was in pain due to untreated injuries arising from the seizure yesterday and should be under the supervision of a medical professional for those injuries, particularly given the risk of infection from a wound in her mouth. She’d been denied the regular dose of her anti-convulsant medication. Anti-convulsant medication is cumulative. It’s important to maintain a constant level of the drug in the body for effectiveness. Missing even one dose of the medication puts Miss Fay at risk of having another seizure. And then there’s the stress of being in police custody, which might overwhelm the effect of the medication even if she’d been taking it according to schedule.”
“I see,” the judge said. “Mr. Federico, I’ll allow you to cross, keeping in mind that I’ve already determined Doctor Carter’s qualifications and diagnosis, so don’t waste his time or mine.”
The deputy county attorney stood up, smoothing down his suit jacket. “Thank you, Your Honor. Doctor Carter, have you now provided Miss Fay with the medications she needs?”
“Yes,” the doctor said simply.
