"His name is Dr. Jack Stapleton," Randolph said. "He is a board-certified medical examiner from the Office of the Chief Medical Examiner in New York. I've been informed he is very well regarded professionally."
Judge Davidson looked at Tony. "Do you know him?"
"I've met him," Tony admitted without elaboration.
"What the hell does he want, barging in here like this? This is highly irregular, to say the least."
"I expressed the same sentiments," Randolph reported. "He wants to be put on the stand."
"He can't be put on the stand!" Tony snapped. "He's not been on a witness list, and he's not been deposed. This is an outrageous suggestion."
"Tame your indignation!" Judge Davidson said to Tony, as if he were speaking to an unruly child. "And why is he asking to be put on the stand?"
"He claims he can offer exculpatory testimony that proves Dr. Bowman did not commit medical malpractice. He further claims he has corroboration in the form of affidavits by a Massachusetts medical examiner and a Massachusetts toxicologist."
"This is insane!" Tony sputtered. "The defense cannot bring in a last-minute surprise witness. It violates every rule in the book since the signing of the Magna Carta."
"Stop your moaning and groaning, counselor!" Judge Davidson barked.
Tony controlled himself with effort, but his suppressed ire and frustration were clearly evident when his heavy-lipped mouth formed an inverted U.
"Do you have any idea of how he has come across the information he's willing to testify to?"
"He mentioned that he autopsied Patience Stanhope."
"If this autopsy is potentially exculpatory, why wasn't it done sooner so that it could have been a subject of proper discovery?"
"There was no reason to suspect that an autopsy would have any probative value. I'm certain Mr. Fasano would agree. The clinical facts in this case have never been in dispute."
"Mr. Fasano, did you know about this autopsy?"
"Only to the extent it was being considered."
"Damn!" Judge Davidson intoned. "This puts me between a rock and a hard place."
"Your Honor," Tony said, unable to keep still. "If he's allowed to testify, I will -"
"I don't want to hear your threats, counselor. I'm perfectly aware Dr. Stapleton cannot waltz in here and take the stand. That's not on the table. I suppose I could order a continuance, and Dr. Stapleton and his findings could be subjected to normal discovery, but the trouble with that is that it shoots my calendar to hell. I hate to do that, but I also hate to have my cases reversed on appeal, and if this testimony is as dramatic as Dr. Stapleton seems to feel, it makes such a reversal a real possibility."
"What about you hearing the evidence Dr. Stapleton has?" Randolph suggested. "That would make your decision-making considerably easier."
Judge Davidson nodded as he contemplated the idea.
"To save time, you could do it in your chambers," Randolph said.
"Taking a witness into my chambers is in itself irregular."
"But not unheard of," Randolph offered.
"But the witness could go to the papers and claim whatever. I don't like that idea."
"Take in the court reporter," Randolph said. "Let it be part of the record. The point is that the jury will not hear it. If you decide it's not relevant and material, I can just restart my summation. If you decide it is relevant and material, you'll have more information to help you make a decision about how to proceed."
Judge Davidson mulled over the idea. He nodded his head. I like it. I'll call a short recess, but I'll keep the jury where they are. We'll make this fast. Are you all right with this plan, Mr. Fasano?"
"I think it sucks," Tony growled.
"Do you have an alternative suggestion?" Judge Davidson asked.
Tony shook his head. He was furious. He was counting on winning his first malpractice case, and now, within hours of the goal, a major screwup was brewing, despite everything he'd done. He walked back to the plaintiffs table and poured himself a glass of water. His mouth was dry and his throat was parched.
Randolph went back to Jack and opened the gate for him to step into the bar area. "You can't take the stand," Randolph whispered. "But it is arranged for you essentially to testify for the judge, which will determine if you get to testify in front of the jury at a later date. It will take place in the judge's chambers. He's willing to give you only a few minutes, so you'd best be concise and to the point. Understood?"
Jack nodded. He was tempted to tell Randolph he had only a few minutes to offer, but he refrained. He looked at Jordan, who was nervously trying to get Tony to explain what was happening, since the judge had announced there was to be a short recess although he wanted the jury to stay put. Among the spectators, there was a general buzz as people tried to figure out what was happening and who Jack was. Jack looked over at Craig, and Craig smiled. Jack nodded in return.
"All rise!" the court officer called out as the judge got to his feet and swiftly descended from the bench. In a blink of the eye, he was through the paneled door and out of sight, although he left the door invitingly ajar behind him. The court reporter followed a few steps behind.
"Are you ready?" Randolph asked Jack.
Jack nodded again, and as he did so, he happened to lock eyes with Tony. If looks could kill, I'd be dead, Jack thought. The man was plainly incensed.
Jack followed Randolph, and Tony joined them as they walked past the empty witness stand and the clerk's desk. Jack inwardly smiled as he wondered what Tony's reaction would be if Jack inquired about Franco's well-being, since Franco was nowhere to be seen.
Jack was disappointed in the judge's chambers. He'd conjured up an image of highly polished dark wood, leather furniture, and the aroma of expensive cigars, like an exclusive men's club. Instead, it was decidedly seedy, with walls in need of paint and government-issue furniture. Over all hung a miasma of cigarette smoke. The only high point was a massive Victorian-style desk, behind which Judge Davidson sat in a high-backed chair. He was leaning back with his hands clasped behind his head in relative repose.
Jack, Randolph, and Tony sat in low-slung vinyl-covered chairs such that their line of sight was well below that of Judge Davidson. Jack assumed it was a deliberate ploy on the part of the judge, who liked to keep himself on a higher plane. The court reporter sat at a small table off to the side.
"Dr. Stapleton," Judge Davidson began after a brief introduction. "Mr. Bingham tells me you have in this eleventh hour exculpatory evidence in the defendant's favor."
"That is not entirely true," Jack said. "My words were that I can provide corroborated evidence that proves Dr. Bowman did not commit medical malpractice as defined by statute. There was no negligence."
"Is that not exculpatory? Are we playing some sort of word game here?"