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Authors: Randy Singer

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"That's just it," Dr. Mancini said, her voice animated. "The Bible doesn't say the children are being
punished
. It says the iniquities of the fathers are
visited
on the children. It's another way of stating a phenomenon that those of us in mental health care have recognized to be true for a long time--there are some addictions or actions of parents that inevitably affect their children and even grandchildren and great-grandchildren. Drug abuse, for example. Or sexual abuse. These are what we call generational chains. The children aren't being
punished
for what their parents did, but they're certainly being
affected
by those actions. And this is true, Mr. Newberg, until somebody comes along with the courage to break those generational chains."

It occurred to Quinn that Rosemarie's testimony might be aimed more at him than the jury. But right now, he didn't have time to process all the implications.

"I don't quite understand the significance of all this to my client's diagnosis," Quinn said, feigning confusion.

"In my sessions with Ms. O'Rourke, I discovered that she is not particularly religious. Nor was she raised in a home where she might have been exposed to a lot of Scripture verses. So I became curious. If she was in fact the Avenger, where did these verses come from?"

Rosemarie stopped and took a quick sip of water, basking in the attention of everyone in the courtroom. "You know where I found the answer?" she asked, then quickly responded to her own question. "I looked at her college transcript. I discovered that the same year she was raped, Catherine was taking a course called Comparative Religious Thought. I actually called the professor who taught the course, Dr. Frederick Channing, and scheduled a time to meet with him.

"Professor Channing was kind enough to dig up some old notes and try to piece together the topics he might have covered in this course when Catherine took it. It turns out he spent a fair amount of time contrasting the justice systems of ancient cultures. For example, he compared the legal system of the Hittites to the Babylonians' Code of Hammurabi, and the Mosaic law to the ideals of the ancient Greeks and Romans. Among other things, he looked at the issue of vicarious punishment, that is, punishing children for the transgressions of their parents, which was common in many ancient belief systems, though not in Judaism. He also looked at the notion of vengeance, and particularly at the issue of blood feuds or blood avengers--a concept found both in the Old Testament and in Greek mythology."

Quinn waited for a moment, hoping the information was sinking in. "Why is that significant? That class was eight years ago."

"That's precisely the point. The same year that Ms. O'Rourke was so severely traumatized that her personality fractured, she was also wrestling with the concept of justice under these ancient belief systems. She was exposed to the role of the blood avenger under Mosaic law and to the three female avengers in the Greek epic
Eumenides
. So eight years later, when her alter personality began to emerge, referring to itself as the Avenger of Blood, it came complete with the seared-on memories and mind-sets from Catherine's college days, including these concepts from her religion class. She merged these two notions together--the wrath of the female furies from Greek mythology and the verses describing blood avengers from the Old Testament."

"Couldn't Catherine have just made that up?" Quinn probed. "Couldn't she have just consulted some old notes and thrown in those verses to fool people into thinking she's crazy?"

Rosemarie smirked. "C'mon, Mr. Newberg. First, that question assumes Catherine O'Rourke knows enough about DID to realize that an alter personality will exhibit many of the attributes and mind-sets from the time when that personality came into existence, much like a snapshot freezes a moment in time. Second, it assumes she also consciously remembers minute details from a class she took eight years ago. And third, if she made that up, don't you think she might have given me some clues about that old class rather than hoping I would dig it out on my own?"

"I see your point," Quinn said. "But it still seems strange that it would take this alter personality eight years to emerge. What could possibly have triggered it after all that time?"

"Ironically, one of your cases did," Rosemarie said confidently. "As a reporter, Ms. O'Rourke was assigned to cover your sister's murder trial." Rosemarie turned to the jury. "Most of you probably watched news coverage of Anne Newberg's case arising from her admitted killing of her abusive husband. I took the time to read dozens of newspaper articles written by Ms. O'Rourke about various murder trials. The articles about Anne Newberg's case are far more emotional and guttural than her normal reporting."

Rosemarie turned back to Quinn. "I believe that when Catherine first heard about your sister's case, she subconsciously saw Anne as the first of the female blood avengers--the furies--from the
Eumenides
. Shortly thereafter, this alter ego of Catherine's became the second. I think that's the reason she was so adamant about bringing you into the case. She saw you as the common link between her and Anne; you are the defender of the furies."

Quinn snuck a glance at the jury. They looked contemplative, as if weighing the merits of this bizarre theory that Mancini had proposed.

Bizarre,
Quinn thought.
Just one step away from crazy.

"No further questions," he said.

95

Gates was on his feet immediately, apparently trying to show the jury he was unafraid to take on Dr. Mancini.

"Since you're so familiar with the defendant's college record, I presume you know that she had a journalism major and a criminal justice minor?"

"That's correct."

"Meaning she would have studied cases involving the insanity defense."

"Presumably."

"In addition, for a number of years she covered the crime and courts beat for our local paper. Is that your understanding?"

"Yes."

"And in that capacity would have sat through numerous trials, including some dealing with the insanity defense?"

Mancini shrugged. "She would have attended numerous trials, yes. But the insanity plea is actually used far less frequently than most people think--"

"Just answer the question yes or no," Gates insisted.

But he was dealing with an experienced witness, one who knew her rights. "I thought I was allowed to explain where necessary," Mancini said to the judge.

"You are," Rosencrance ruled. "But keep it brief."

"Thank you," Mancini said. "As I was saying, Mr. Gates, the insanity plea is used so rarely that I would doubt Ms. O'Rourke ever covered a case quite like this one."

Gates glared at the witness. "She covered the case of Anne Newberg, who pleaded not guilty by reason of insanity, did she not?"

"Yes. And since I testified in that case, I can assure you that it was a totally different scenario than dissociative identity disorder."

Gates checked his notes, apparently deciding to move on. "Normally you can bring out an alter personality by bringing up memories of the triggering incidence either through hypnosis or other means; isn't that right?"

"That is normally the case, though not always."

"Did you try that here?"

"Yes. I don't use hypnosis, but we did dig deeply into the emotions of the rape and what Catherine remembers about that night."

"Did you ever trigger this alternate personality?"

"No, I didn't."

Gates looked puzzled--an act for the jury, no doubt. "You mentioned on direct examination that you expect to be paid a lot of money in this case for your opinions; is that correct?"

"That's correct, Mr. Gates. With emphasis on the phrase '
expect
to be paid.'"

"Let's not be cute, Doctor. Twenty thousand dollars is a lot of money, isn't it?"

"To be precise it was nineteen thousand. But yes, it's a lot."

"And that's not the full extent of your bias, is it?"

Mancini knit her brow. "I'm not sure what you mean. Any professional wants to get paid. That doesn't make me biased."

Gates walked toward the front of the jury box, pulling the gaze of most jurors along. "Then let me make it real clear. Isn't it true that you and Mr. Newberg have formed quite a little team on these insanity cases? Isn't it true that you would do anything to help his cause? Isn't it true--?"

"Objection!" Quinn called out, jumping to his feet. He normally didn't object during Mancini's testimony, confident that she could fend for herself, but this was
way
over the line. "That's highly improper. Plus, it's about three questions in one."

"Judge, the bias of this witness is central to our case. I'm entitled to probe how tightly she is connected with defense counsel."

Standing there, it dawned on Quinn--he had been suckered. Gates wanted that objection. He wanted the jury focused on the question; he wanted the press on the edge of their seats. He wanted Quinn to make a big deal out of this, and Quinn had played right into his hands.

"You may ask about bias," Rosencrance ruled. "But one question at a time. And save your arguments for closing."

Gates paused, thinking. He spoke slowly, thoughtfully, theatrically. "Isn't it true that you and Mr. Newberg are so close, so willing to do anything for each other, that you're even helping him raise his niece?"

Quinn couldn't believe it! How dare Gates drag Sierra into this! Even Rosemarie seemed stunned into silence.

"Dr. Mancini," Gates insisted, "isn't it true that Quinn Newberg's niece is living with you right now?"

"Yes," Mancini answered.

Quinn stared at Gates in disbelief. Poor Sierra had nothing to do with this case. Nothing! She was just starting to get her legs back under her.

And with one insensitive question, Gates had blown it all away.

During the subsequent break, Quinn rose and walked over to Boyd Gates's counsel table. The prosecutor had his back turned and was talking with Jamarcus Webb.

"This case has nothing to do with my family," Quinn said. He placed a hand on Gates's elbow, and the prosecutor turned to face him. "Leave my family out of this."

Quinn's words caused a hush in the courtroom; spectators and press members gawked at the two.

"Your client killed five people,
three babies
, in cold blood," Gates said, thrusting out his jaw. "Everything's fair game in this trial, Newberg.
Everything.
"

Quinn inched closer, his fury boiling over. "Not my family. My family stays out of this."

"Or what? Is this some kind of threat?"

A split second before Quinn could respond with a shove or a fist, Marc Boland edged between the two men, taking hold of Quinn's arm. "C'mon, Quinn," he said, nudging his co-counsel back from the brink. "It's a low blow. That's what he's known for. We've still got a case to try."

Quinn shot one last menacing look at Gates as he shook his right arm free from Boland, feeling the pain as he did so, then straightened his suit coat. He walked with Bo back to their counsel table "That guy's an idiot," Quinn said.

Bo looked at the reporters. "Show's over," he announced.

As Quinn sat down to cool off, the deputy who had escorted Catherine into the holding cell reentered the courtroom. Seeing him reminded Quinn.

"My client wants to meet with me," Quinn said to the deputy.

"You know the drill," the man said.

Bo decided to go make nice with the press, and Quinn headed toward the chamber where he could meet with Catherine, separated by about six inches of steel door.

He passed Mancini on the way.

"You need me to make an appointment?" she asked.

"For what?"

"For you. Anger management."

"Sorry, Rosemarie. The guy just knows how to get under my skin."

96

After the break, the tension level in the courtroom had increased noticeably. There was none of the idle chatter and hustling into seats that usually occurred as Rosencrance took the bench.

Quinn sat numbly as the judge told everyone to be seated. He watched as she jotted a few notes. He knew he should be preparing himself for a tongue-lashing over his altercation with Gates, but he was still trying to process what Catherine had told him just moments ago.

Rosencrance had the bailiff bring Catherine into the courtroom. "Before I bring in the jury," she said, "I would like counsel to approach the bench."

Here it comes
. Quinn noticed that Marc Boland stayed on his right, physically separating him from Boyd Gates.

The judge put her hand over her mike and leaned forward, her eyes dissecting Quinn. "I've about had it with your conduct in this courtroom, Counselor. My bailiff told me what happened during the break. I want you to know that I'll be filing a complaint against you with the Nevada state bar after this case. I would revoke your
pro hac
status right now, but then Mr. Boland would just ask for a continuance."

"I understand," Quinn said, thankful that she hadn't tried to make him apologize. A man had to have standards.

BOOK: By Reason of Insanity
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