Escape (47 page)

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Authors: Robert K. Tanenbaum

Tags: #Fiction, #General, #Thrillers, #Suspense, #Legal

BOOK: Escape
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"One, Mrs. Campbell believes that she was talking to God and that she was 'sacrificing' their lives to send them to God in order to save their souls. Does that sound like a mentally responsible person to you? Two, cleaning the bathroom to such an extreme is certainly the obsessive-compulsive behavior we often see with psychoses; certainly no rational person would think that such 'housework' would prevent them from being caught and punished. It all points to the fact that Jessica Campbell, who was suffering from an extreme case of postpartum depression, was a very sick woman and needs a hospital, not a prison cell."

Judge Dermondy looked over at Karp. "Your Honor, just two quick points," Karp said. "First, based upon the substantial credible evidence in the record offered during the People's case in chief, we have more than satisfied our legal burden of presenting to the court and jury a prima facie case. So the People's case will suffice unless contradicted and overcome by other evidence that the defense now has the opportunity to present. Secondly, Your Honor, as Miss Lewis knows, there is in law a presumption of sanity, meaning responsibility, which the defense seeks to rebut. Similarly, the law provides that an individual is presumed to intend the natural and probable consequences of her acts. No clear and convincing evidence has been presented to rebut these presumptions. So unless Miss Lewis has a crystal ball and is determined that the jury will see the case her way only, her motion is devoid of legal impact."

"I have to agree with Mr. Karp's basic premise," Dermondy responded. "The presumptions have not been rebutted, Miss Lewis. Moreover, the People have presented more than sufficient evidence in the record to permit this jury to render a verdict. Your motion, Miss Lewis, is denied."

The judge looked up at the clock on the wall. "Well, we've managed to use up all of an hour. I'm going to send the jury to lunch early, and we'll start at noon. I suggest you get a witness here, Miss Lewis."

With that, court was adjourned. Lewis got up and started to leave, but then turned back to the prosecution table. "That was low," she said.

"No, it was right down the middle, about belt high, a perfect strike," Karp replied. Watching her stomp from the courtroom, he turned back to Katz and gave him a wink.

"Nice work," Katz chuckled. "Couldn't have said it better myself."

 

As promised, Dermondy called the court to session at noon. "You ready?" he asked Lewis.

"Yes, sir, Your Honor. Let's go."

The jurors were seated, and Lewis called her first witness. "Dr. E. Humphrey Splotz."

She'd found Splotz, a pathologist, in South Carolina and contacted him about the case. He'd read her synopsis of what happened, took a glance at the medical examiner's report, skimmed the lengthier treatise by the Baker Street Irregulars, and said he would testify that the deaths of the Campbell children had been relatively quick. "My fee is $500 an hour, $600 if you want me to look at photographs and render an opinion. My secretary will contact your secretary for billing information."

A small man who resembled a bowling pin with Donald Trump's hair, Splotz sat down in the witness stand and started to rock slightly back and forth as if he needed to use the restroom. However, he got through presenting his resume without any mishaps, and Lewis began her questioning.

"Dr. Splotz, have you examined the evidence in this case?"

"I have."

"And have you reached any conclusions about the manner and cause of death in regard to the Campbell children?"

"I have."

"Doctor ... the jury has heard testimony that these deaths were particularly slow and agonizing.... Would you agree with that conclusion?"

"No."

"And why not?"

"It's not accurate."

Oh my God,
thought Karp,
this guy is going to bore the jury to death. He must bill by the hour.

"How so?"

Splotz looked up in the air and then out at the spectators. "Well, for one thing, it was considerably quicker than many instances of fatalities caused by gunshot or, say, a knife. Those victims may live for hours, even days, in horrible pain."

"So drowning is faster in many instances?"

"Yes."

"Is it more agonizing?"

"Actually, no."

"Why not?"

Splotz squinted over at the jurors as if he were trying to bring them into better focus. "I call it the 'mind-body death disconnect.'"

"The 'mind-body death disconnect'?"

"Yes."

"Can you tell us about it?"

"Well, yes, I've written a book about it called The
Mind-Body Death Disconnect.
Oh, and by the way, the term 'mind-body death disconnect' is copyrighted; my agent says I'm supposed to say that whenever I talk about the book," Splotz grinned smugly.

"And what do you mean by the 'mind-body death disconnect'?" Lewis asked.

"Well, when an animal recognizes that it is about to die in a violent way, there is a sort of 'disconnect.' The animal goes into a sort of shock that takes over the entire physiological system, shutting down the body's pain mechanisms and conscious thought. Animal biologists have noted this 'mind-body death disconnect,' for instance, when a lion brings down a zebra and begins to feed. It's obvious from the kicking legs and such that the zebra is still physically alive, but its mind is in a state of shock, essentially functioning on autopilot until physical death."

"So in effect, even if it took several minutes for the Campbell children to physically die, you believe that the 'mind-body death disconnect' has shut down their ability to feel pain or think consciously?"

"Yes."

"And when you say 'think consciously,' you mean...?"

"They would no longer be aware of what was happening to them."

"Would they feel fear?"

"Perhaps for a few seconds before they recognize—unconsciously, of course—that they are about to die. Then their minds would have disconnected ..." Splotz snapped his fingers once for emphasis. " ... from their bodies. The mind goes on autopilot; the body goes through the throes of physical death."

"Thank you, doctor. No further questions."

Judge Dermondy looked at the prosecution table. "Mr. Karp?"

"Thank you, your honor. Dr. Splotz, have you seen the photographs of the defendant's arm after she murdered her children?"

Splotz sat back as though he'd been assaulted. "Well, yes, I've examined them." he said.

"So you've seen the scratches and the bite mark on the defendant's arms?"

"Yes."

"But you don't think the children were fighting for their lives?"

"Well, perhaps at first, but then as the reality of death set in there would have been a 'mind-body death disconnect.'"

"And this happened quickly?"

"Yes ... in less than thirty seconds I believe."

"Oh, really? How do you know? Have you ever timed this phenomenon?"

"Well, no. It's an educated guess."

"Based on what?"

"Well, based on that people tend to pass out after about thirty seconds without air ... and those animal studies I cited. You know, the zebra has been taken down and it just sort of lays there, looking off into the distance while the lions feed."

Nice going, Sherlock, Karp thought.
Just reminded the jury of another lioness u/ith bloody mouth and paws.
"Dr. Splotz, have you ever been held under water either on purpose or accidentally?"

"Well, no."

"Really? I'd think that nearly everyone in this courtroom, maybe as a kid at the pool, has experienced not being able to get a breath of air. But you haven't?"

"No."

"What about choked on something? I mean really choked to where you couldn't breathe?"

"Oh, well, sure, I suppose."

"And how did that feel?"

"What do you mean?"

"What sort of emotions did you experience? Panic?"

"Probably."

"Fear?"

"Undoubtedly.

"For how long?"

"What?"

"For how long? How long did you experience panic and fear?"

"I suppose until I could breathe again."

Karp smiled. This
is like shooting fish in a barrel, not that I know what that's like.
"Until you could breathe again," he repeated for emphasis. "Dr. Splotz, have you ever been stabbed with a nine-inch hunting knife right here?" Karp touched himself in the center of his chest.

"No."

"How about here? Or here? Or here?"

"No."

"Can you imagine how that would feel?"

Splotz looked at the jury, then out at the spectators, and finally at the ceiling.

"Dr. Splotz, I asked you a question."

"I get what you're trying to do. Yes, it would hurt and cause fear. But only until the 'mind-body death disconnect' kicked in."

"Which takes how long when you're being stabbed and drowned?"

"I can't say exactly."

"No you can't, can you?" Karp shook his head in disgust. It was exactly what he'd tried to explain to Kenny. People like Splotz made a mockery of the justice system.

"Dr. Splotz, have you ever been chased by a lioness, pulled down with her claws, and ripped open and then smothered when her teeth clamped down around your throat?"

"I object, Your Honor. Counsel is being ridiculous," Lewis countered. "What's he supposed to say? 'Yes, I was ripped open by a lion, but I got better'?"

"The witness is the one who drew the comparison, Your Honor. I was merely improving it."

"Overruled. It was the witness's analogy, Miss Lewis. The witness may answer the question."

Splotz looked disappointed but shook his head. "No, I've never been chased, clawed, or ripped open by a lioness."

"Then how in the hell would you know what it feels like? Or how long it takes before the 'mind-body death disconnect,' if there is such a thing, kicks in?"

The courtroom was silent. Splotz looked at the banister in front of him and traced along the wood with a finger. He shrugged.

"No further questions."

 

Lewis called psychiatrist Harry Winkler to the stand. He testified that Charlie Campbell had brought his wife to him suffering from severe postpartum depression after the birth of their second child. "She had just attempted suicide by swallowing an overdose of Prozac, which followed homicidal ideation toward her second child, Chelsea."

"Doctor, when you're talking about 'depression,' do you mean someone is feeling bluesy or sad?" Lewis asked.

"Those can be symptoms of depression. But we all have down moments that we might call bluesy or sad. Usually it has something to do with a recent experience, such as the death of a family member or the loss of a job. When we're talking about clinical depression, we're talking about symptoms caused by a chemical imbalance in our brains. When there's a proper mix of this, let's call it a chemical soup, we may feel a little up one day and a little down another, but generally we're pretty evenly keeled. Neither up nor down—especially down—lasts very long. And it doesn't interfere with functioning in our daily lives. However, if these chemicals are out of balance the effect can be devastating. These bluesy or sad feelings can be magnified, into black depths of utter hopelessness and despair. The patient may not get out of bed for days, and may even feel physically in pain. They can't function, go to work, go to school, or carry on normal activities or conversations. The patient may feel like there is no way out; so suicidal ideation is common, as is actual successful suicide."

"Can depression get worse?"

"Depression in general has a tendency, if untreated, to get worse. Many people respond to treatment, both medication and counseling. However, there are some in whom the disease continues to progress; they don't respond to medication and give up on counseling."

"In the defendant's case, you believed that her depressive episodes were brought on by giving birth?"

"She probably already had some issues with depression. However, yes, postpartum depression is not uncommon. Pregnancy and birthing can both get a woman's hormones out of whack. It may manifest itself as crying for no reason, or even little fits of anger. But usually, this isn't serious and, given time, tends to fix itself."

"What happened to Jessica Campbell after the birth of her daughter, Chelsea?"

"She experienced severe postpartum depression to the point that she actually considered harming her child and then did attempt to harm herself."

"Doctor, have you seen or heard of cases where a new mother might experience postpartum depression and then have it go away, either on its own or through medication, only to have it return after another birth, only this time it's even more severe?"

"Absolutely. We're not sure of all the mechanisms, and it could be that in some cases, the mother never completely regains her chemical balance after the first episode. So when another child is born, the patient may already be predisposed to the condition, and when combined with the new episode, it's worse."

"Doctor, were you made aware that Jessica Campbell may have suffered a postpartum depression episode after her first child, Hillary, was born?"

"Yes. And I concur with the diagnosis."

"So two children, two episodes of postpartum depression?"

"Yes."

"After you diagnosed Jessica Campbell as suffering from severe postpartum depression, did you make a recommendation to the Campbells regarding having any more children?"

All eyes in the courtroom shifted to Charlie, who kept his eyes on Lewis. "Yes, I warned them that it was likely that the depression would return and also that the next episode could be worse."

"And did you, in fact, warn both Charlie and Jessica Campbell that a third pregnancy could pose a danger to both the infant and the mother?"

"Yes. That was my concern."

 

Karp wasted little time going for the counterattack. "Dr. Winkler, do you have reason to believe that Charlie Campbell raped his wife and impregnated her?"

Although nearly every mouth in the courtroom had dropped open in unison, not a sound came out of any of them.

"No, of course, not," Winkler replied. "However, it's my understanding that he gave her an ultimatum..."

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