“And does it have any side effects?”
“A variety of side effects can occur. Each case is different, and we come up with drug therapies that fit individual patients while taking into account any side effects that are exhibited.”
“Do you know that the manufacturer of paliperidone warns users that side effects can include agitation and aggression?”
“Well, yes, but in Jeffrey’s—”
“Just a yes or no answer, Doctor. Are you aware of those side effects, yes or no?”
“Yes.”
“Thank you, Doctor. And just a moment ago, when you described the drug paliperidone, you used the phrase ‘if administered properly.’ Do you remember saying that?”
“Yes.”
“Now at the time of this crime, do you know where Jeffrey Herstadt was living?”
“Yes, in a group home in Angelino Heights.”
“And he had a prescription from you for paliperidone, correct?”
“Yes.”
“And who was in charge of properly administering the drug to him in that group home?”
“There is a social worker assigned to the home who administers the prescriptions.”
“So, do you have firsthand knowledge that this drug was properly administered to Mr. Herstadt?”
“I don’t really understand the question. I saw the blood scans after he was arrested and they showed the proper levels of paliperidone, so one can assume he was being given and was taking his dosage.”
“Can you tell this jury for a fact that he did not take his dosage after the murder but before his blood was drawn at the hospital?”
“Well, no, but—”
“Can you tell this jury that he didn’t hoard his pills and take several at once before the murder?”
“Again, no, but you are getting into—”
“No further questions.”
Saldano moved to the prosecution table and sat down. Bosch watched Haller stand up immediately and tell the judge he would be quick with redirect. The judge nodded his approval.
“Doctor, would you like to finish your answer to Ms. Saldano’s last question?” Haller asked.
“I would, yes,” Stein said. “I was just going to say that the blood scan from the hospital showed a proper level of the drug in his bloodstream. Any scenario other than proper administration doesn’t add up. Whether he was hoarding and then overmedicating, or not medicating and took a pill after the crime, it would have been apparent in the levels on the scan.”
“Thank you, Doctor. How long had you been treating Jeffrey before this incident occurred?”
“Four years.”
“When did you put him on paliperidone?”
“Four years ago.”
“Did you ever see him act aggressively toward anyone?”
“No, I did not.”
“Did you ever hear of him acting aggressively toward anyone?”
“Before this... incident, no, I did not.”
“Did you get regular reports on his behavior from the group home where he lived?”
“I did, yes.”
“Was there ever a report from the group home about Jeffrey being violent?”
“No, never.”
“Were you ever concerned that he might be violent toward you or any member of the public?”
“No. If that had been the case, I would have prescribed a different drug therapy.”
“Now, as a psychiatrist you are also a medical doctor, is that correct?”
“Yes.”
“And when you reviewed this case did you also look at the autopsy records on Judge Montgomery?”
“I did, yes.”
“You saw that he was stabbed three times in close proximity under the right armpit, correct?”
“Yes, I did.”
Saldano stood and objected.
“Your Honor, where is he going with this?” she asked. “This is beyond the scope of my cross-examination.”
Falcone looked at Haller.
“I was wondering the same thing, Mr. Haller.”
“Judge, it is somewhat new territory but I did reserve the right to recall Dr. Stein. If the prosecution wants, we can go to lunch and I will recall him right afterward, or we can just take care of this right here. I’ll be quick.”
“The objection is overruled,” the judge said. “Proceed, Mr. Haller.”
“Thank you, Judge,” Haller said.
He turned his attention back to the witness.
“Doctor, there are vital blood vessels in the area of the body where Judge Montgomery was stabbed, are there not?”
“Yes, blood vessels leading directly to and from the heart.”
“Do you have Mr. Herstadt’s personal files?”
“I do.”
“Did he ever serve in the military?”
“No, he did not.”
“Any medical training?”
“None that I am aware of.”
“How could he have known to stab the judge in the very specifically vulnerable spot under the judge’s—”
“Objection!”
Saldano was back on her feet.
“Judge, this witness has no expertise that would allow him to hazard even a guess at what counsel was about to ask him.”
The judge agreed.
“If you want to pursue that, Mr. Haller, bring in a wound expert,” Falcone said. “This witness is not that.”
“Your Honor,” Haller said. “You sustained the objection without giving me a chance to argue the point.”
“I did and I’d do it again, Mr. Haller. Do you have any other questions for the witness?”
“I don’t.”
“Ms. Saldano?”
Saldano thought for a moment but then said she had no further questions. Before the judge could tell the jury to take a lunch break, Haller addressed the court.
“Your Honor,” he said, “I expected Ms. Saldano to spend most of the afternoon on cross-examination of Dr. Stein. And I thought I would take up the rest of it on redirect. This is quite a surprise.”
“What are you telling me, Mr. Haller?” the judge asked, his tone already tinged with consternation.
“My next witness is my DNA expert coming in from New York. She doesn’t land until four o’clock.”
“Do you have a witness you can take out of order and bring in after lunch?”
“No, Your Honor, I don’t.”
“Very well.”
The judge was clearly unhappy. He turned and addressed the jury, telling its members they were finished for the day. He told them to go home and avoid any media coverage of the trial and to be back in the morning at nine. Throwing a glare at Haller, the judge explained to the jurors that they would begin hearing testimony before the usual ten o’clock start in order to make up lost time.
Everyone waited until the jurors had filed into the assembly room and then the judge turned more of his frustration on Haller.
“Mr. Haller, I think you know I don’t like working half days when I have scheduled full days of court.”
“Yes, Your Honor. Neither do I.”
“You should have brought your witness in yesterday so that she would be available no matter how things progressed in the case.”
“Yes, Your Honor. But that would have meant paying for another night in a hotel and, as the court knows, my client is indigent and I was appointed to the case by the court at significantly reduced fees. My request to the court administrator to bring my expert in a day earlier was denied for financial reasons.”
“Mr. Haller, that’s all well and good, but there are highly qualified DNA experts right here in Los Angeles. Why is it necessary to fly your expert in from New York?”
That was the first question that had come to Bosch’s mind as well.
“Well, Judge, I don’t really think it would be fair for me to have to reveal defense strategy to the prosecution,” Haller said. “But I can say that my expert is at the top of the game in her specialty field of DNA analysis and that this will become apparent when she testifies tomorrow.”