"I apologize to the court," Tony said. "My emotions overcame my better judgment. It won't happen again."
Alexis leaned toward Jack. "Tony Fasano scares me. He is slick. He knew what he was doing."
Jack nodded in agreement. It was like watching a street fighter in a no-holds-barred brawl.
Tony Fasano went to the plaintiff's table for a drink. Out of the view of the judge, Jack caught him give a wink to his associate, Renee Relf.
Back at the podium, Tony returned to the narrative. "During your telephone conversation with Dr. Bowman while your wife was gravely ill, did he mention the word heart attack?"
"Yes, he did."
"Did he say she was having a heart attack?"
"Yes. He said that was what he was thinking."
Jack noticed Craig lean over and whisper something to Randolph. Randolph nodded.
"Now," Tony continued. "When Dr. Bowman arrived at your house and saw Patience, he acted differently than he had on the phone. Is that correct?"
"Objection," Randolph said. "Leading."
"Sustained," Judge Davidson said.
"Mr. Stanhope, would you tell us what happened when Dr. Bowman arrived at your home the night of September eighth of this past year."
"He was shocked at Patience's condition and told me to call an ambulance immediately."
"Had Patience's condition changed dramatically between your telephone conversation with Dr. Bowman and his arrival?"
"No, it had not."
"Did Dr. Bowman say anything to you at that point that you found inappropriate?"
"Yes. He blamed me for not having described Patience's condition adequately."
"Did that surprise you?"
"Of course it surprised me. I had told him how bad she was, and I had urged more than once that she should be taken directly to the hospital."
"Thank you, Mr. Stanhope. I appreciate your testimony about this tragic event. I have one more question: When Dr. Bowman arrived that fateful night, what was he wearing? Can you remember?"
"Objection," Randolph said. "Immaterial."
Judge Davidson twirled his pen and looked at Tony. "Is this relevant or mere embellishment?"
"Very relevant, Your Honor," Tony said, "as will be clear with testimony from the very next plaintiff witness."
"Objection overruled," Judge Davidson said. "Witness may answer the question."
"Dr. Bowman arrived in a tuxedo with a young woman in a low-cut dress."
Some of the jurors exchanged glances with their immediate neighbors, as if wondering what he or she was thinking.
"Did you recognize the young woman?"
"Yes, I had seen her at Dr. Bowman's office, and he said she was his secretary."
"Did their formal attire strike you as odd or significant?"
"Both," Jordan said. "It was odd because it suggested they were en route to a social function, and I knew Dr. Bowman was married, and significant because I wondered if their attire had anything to do with Dr. Bowman's decision to come to the house rather than meet us at the hospital."
"Thank you, Mr. Stanhope," Tony said, gathering his papers. "No more questions."
"Mr. Bingham," Judge Davidson said, nodding in Randolph 's direction.
Randolph hesitated for a moment. It was clear he was in deep thought. Even when he stood up and approached the podium, he seemed to be moving by reflex rather than by conscious intention. The courtroom was hushed in attentive expectancy.
"Mr. Stanhope," Randolph began. "I will ask you only a few questions. All of us at the defense table, including Dr. Bowman, are saddened by your loss and can appreciate how difficult it is for you to revisit that fateful evening, so I will be brief. Let us go back to the telephone conversation you had with Dr. Bowman. Do you recall telling Dr. Bowman that it was your recollection that Patience had never complained of chest pain before?"
"I'm not certain. I was very upset."
"And yet with Mr. Fasano, your memory of the same telephone conversation seemed impressively complete."
"I might have said she'd never had chest pain. I'm just not sure."
"I should remind you that in your deposition, you did so state. Should I read it to you?"
"No. If it is there, then it is true. And now that you remind me, I believe I did say she'd never had chest pain. It was eight months ago, and I was under duress. The deposition was much closer to the event."
"I can appreciate that, Mr. Stanhope. But I'd like you to search your memory for Dr. Bowman's response. Do you recall what he said?"
"I don't believe I do."
"He corrected you and reminded you she had had chest pain on several previous occasions, for which he came to the house."
"Maybe he did."
"So it seems that your memory of what was said during this phone conversation is not as clear as we were led to believe just a few minutes ago."
"The phone conversation was eight months ago, and I was frantic at the time. I don't think it's unreasonable."
"It is certainly not unreasonable, yet you are certain Dr. Bowman specifically said Patience was having a heart attack."
"He said that it had to be ruled out."
"Your choice of words suggests that Dr. Bowman was not the one who brought up the subject."
"I brought up the subject. I asked him if that was what he was thinking. I guessed, from the questions he was asking me to ask Patience."
"Saying it has to be ruled out is a lot different than stating Patience was having a heart attack. Would it surprise you if I told you Dr. Bowman never used the words heart attack in your conversation?"
"We talked about it. That I remember."
"You brought it up. He merely said, 'It has to be ruled out.' He never even said the term."
"Maybe that is the way it happened, but what difference does it make?"
"I believe it makes a lot of difference. Do you believe that whenever someone has chest pain – like yourself, for instance – and a doctor is on call, he or she thinks a heart attack has to be ruled out?"
"I assume so."
"So when you told Dr. Bowman Patience had chest pain, it is not surprising that Dr. Bowman would think it had to be ruled out, even if the chances were very, very small."
"I suppose not."
"And on those previous house calls Dr. Bowman made to see Patience in response to a complaint of chest pain, what was the ultimate diagnosis on each occasion?"
"It was assumed to be intestinal gas."
"Correct! Intestinal gas in the splenic flexure of the colon, to be exact. It was not heart attacks or heart pain, since ECGs and enzymes were normal and stayed normal on subsequent examinations."