The Trial of Dr. Kate (32 page)

A loud murmur arose from the spectators, and Judge Grant brought his gavel down hard. Shenandoah was awestruck. She couldn’t believe that Jake was going to put Kate on the stand. It was just too risky. What was the man thinking?

Kate moved gracefully to the witness stand. Settling into the chair, she smiled at the jury and nodded subtly to the ones she knew.

Once she had taken her oath, Jake said, “We all know who you are, but for the benefit of the court reporter, please state your name.”

“Katherine Marlow.”

“With your permission, I would prefer to call you Dr. Kate. Is that okay?”

“Certainly.”

“You’ve heard Mr. Flatt’s circumstantial evidence against you and the accusations made by Trudy Underwood.”

“Yes.”

“Are they true?”

Kate’s voice was loud and clear. “I did not murder my dear friend, Lillie Johnson, and I have never had an affair with her husband.”

“Let’s take one thing at a time. Have you any ideas about Lillie’s death you could share with the jury?”

“Yes, I do.”

Jake waved his hand in front of Dr. Kate as if he were ushering her through a doorway to the truth.

“I first diagnosed Lillie’s MS about six years ago—”

Jake held up his hand. “Please explain to the jury in lay terms the meaning of the initials, MS.”

“They stand for multiple sclerosis, a disease that affects the central nervous system. The cause is unknown. Remissions and exacerbations are characteristic. That means that the symptoms can come and go. Sometimes they go away for years, only to return. The symptoms can be mild at first: dizziness, unsteadiness, tingling in the arms and legs. As the disease progresses, the individual becomes weak, has difficulty walking, and may be confined to a wheelchair.”

“The disease is progressive. Explain that.”

“Some individuals can live with their problem for years; others have a more rapid course.”

“And the end result?”

“The patient dies.”

“Which type of MS did Lillian Johnson have?”

“It’s unusual for the disease to progress rapidly in a young person. Lillie’s did. I didn’t expect her to live more than a year or so.”

“Was she in pain?”

“Pain can occur in the hands or legs, but it’s rare. Lillie did have pain in her legs from time to time.”

“How did she deal with her illness? Was it difficult for her?”

“At first her symptoms were mild: a little dizziness, a feeling of tightness around her chest. When I first thought of MS, I sent her to a neurologist in Nashville, and he confirmed my suspicions. As she became weaker and was eventually confined to a wheelchair, her mood darkened.”

“She became depressed?”

“Yes, and as the disease progressed, so did her depression.”

“Did she ever mention suicide?”

Kate shifted in her chair. “Not at that time. But it was something I was concerned about.”

“Was she on any medication?”

“There’s no real treatment for MS. I tried her on a tranquilizer called Miltown. There’s always a degree of anxiety associated with depression.”

“Are tranquilizers effective?”

“In some people, yes.”

“And in Lillie’s case?”

“They didn’t seem to help.”

“Did you consider referral to a psychiatrist?”

“Yes, but that would have been difficult, because the closest one is in Nashville. It would have required hospitalization, and Lillie wouldn’t hear of it.”

“So the depression got progressively worse?”

“Yes. Some days she found it hard to get out of bed.”

“The coroner stated that Lillie Johnson had cancer. Can you tell us about that?”

“Lillie turned over in bed one morning and was hit with an excruciating pain in her lower back. I sent her to Vanderbilt, and their workup discovered that she had advanced cancer of the colon that had spread to her abdominal cavity, liver, and spine.”

“Had she had any previous symptoms?”

“No. Colon cancer is often insidious. If the patient doesn’t bleed or develop an obstruction of the bowel, it can go undetected for quite some time.”

“Until it has spread?”

“Yes.”

“Was the malignancy treatable?”

“No. The doctors at Vanderbilt had nothing to offer her. Basically, she was told to go home and die.”

“How long did they give her?”

“Two, three months. Perhaps less.”

“And by the time of this diagnosis, she was in constant pain?”

“Yes.”

“Her husband was aware of her condition?”

“No. Army didn’t know anything about the cancer until Lillie was terminal.”

“Her sister?”

“No. Lillie didn’t want to worry either of them.”

“The pain and terminal nature of her cancer added to her already despondent state. Correct?”

“Yes.”

“It must have been very difficult for you to see your good friend in this condition. Did the two of you discuss her feelings about being so ill?”

Dr. Kate took a deep breath. Her hands were in her lap, and Shenandoah could see that she was twisting the class ring she wore on her right hand. Finally, she said, “Lillie asked me to help her.”

“How?”

“She asked me to kill her.”

A collective gasp floated across the courtroom, and Thelonious sat bolt upright in his chair. Baxter Hargrove stared at Dr. Kate with disbelief in his eyes.

“What was your answer?”

“I told her that as a physician, I couldn’t intentionally take another person’s life, even if she wanted me to.”

“So, you don’t believe in euthanasia?”

“No. There’s too much risk of abuse. A doctor shouldn’t play God.”

“What did Lillie say when you told her this?”

“She cried and wouldn’t talk to me for a week—didn’t answer my phone calls. Finally, I went to see her, and she told me again that she wanted me to help her commit suicide.”

“What did you say to that?”

“I told her that I just couldn’t.”

“Did Army Johnson know of your discussion?”

“No, not at that time. Lillie made me promise not to tell Army or Trudy.”

“How do you account for the syringe and the large amount of Seconal in her blood?”

Dr. Kate had been looking directly at Jake during this exchange. As she answered his question, she turned to face the jury. “Lillie had trouble sleeping at night, or at least she led me to believe she did. Over a period of two or three years, I gave her prescriptions for Seconal. Never more than four or five pills at a time because I was afraid she might overdose on purpose.”

“In other words, take enough to kill herself.”

“Yes.”

“There was a lethal dose of Seconal in her blood. How do you account for that?”

“I believe Lillie saved a large number of capsules, hoarded them.”

“With the idea of using them to commit suicide?”

“Yes.”

“Why not swallow them? Wouldn’t that work?”

“Yes, but if anyone found her, whatever doctor was called to the scene would have her stomach pumped. That would remove some of the drug and thus save her life. I believe she dissolved the capsules in water and injected the drug into her vein. That way it would work very quickly, and the chances of saving her would be nonexistent.”

“If she lost consciousness quickly, that would account for the syringe being on the floor beside her.”

“Yes.”

“Trudy Underwood stated that you were to make a house call the morning of March twenty-third. Did you?”

Dr. Kate looked as if she was caught completely off guard. She frowned and said, “I don’t remember.”

Shenandoah wondered what Jake was thinking. Did he just want to get the problem out in the open and have done with it, or did he have some other plan?

“Could you explain why?”

“I had a blackout spell and don’t remember anything I did that day.”

“Had you been drinking?”

“At that time, I drank every day.”

“Did you have blackouts often?”

“Yes. As Dr. Compton said, I was a functioning alcoholic. I couldn’t always remember where I’d been or what I’d done. And every once in a while, I’d pass out or fall asleep.”

“So you can’t account for your whereabouts on that day?”

“No.”

“Have you quit drinking?”

“Yes. I’ve been able to wean myself off alcohol while in custody. I’m totally free of that curse at this point.”

“This next question is critical. I want you to think carefully before answering. How do you think that Lillian Johnson was able to acquire the syringe?”

After a moment, Dr. Kate spoke. “I often made house calls to see Lillie because it was difficult for her to come to the clinic. My medical bag always contains needles and syringes. I’d guess that after I’d given her a shot on a previous occasion, she took the syringe while my attention was diverted and hid it from me.”

“Do you have any proof of your suspicions?”

“No. I don’t count the number of syringes I place in my bag.”

“So that could account for the fact that there were two sets of prints on the syringe.”

“Yes.”

“There’s no question in your mind that Lillian Johnson committed suicide?”

“I’m sure of it.”

Jake moved closer to the witness box and placed his hand on the rail. “Mr. Flatt has made reference to the fact that Lillie was right-handed, and yet the barbiturate was given in the right vein. Do you have an explanation for that?”

“Lillie had suffered a thrombophlebitis in the main vein of her left arm. That’s an inflammation of the vein that causes it to clot and scar down. There was no way to get a needle in that vein, so she would have had to use the right one.”

“What caused the thrombophlebitis?”

“Lillie was bitten by a spider in February. An infection invaded the site, causing her whole arm to swell. I had to give her a penicillin shot.”

“You think she could have injected the barbiturate with her left hand?”

“Yes.”

“Then why wasn’t there a fingerprint on the plunger of the syringe?”

“I don’t know. Perhaps in order to steady the syringe, she used the side of her middle finger. There wouldn’t be a fingerprint.”

Jake nodded, looked quickly at the jury, and walked back to stand in front of Kate. “Are you now having or have you ever had an affair with Lillian Johnson’s husband?”

“Absolutely not!”

“Yet you’ve heard Trudy Underwood state that Lillian Johnson suspected you of an affair and that she was going to confront you the day she died.”

Dr. Kate’s eyes flashed in anger, and her lips formed a thin, tense line. She said nothing, just stared across the courtroom. Several seconds passed.

“Army, Lillie, and I have been friends since high school,” she said finally. “But Army and I started the first grade together. We’ve been good friends all that time, never sweethearts.”

“Miss Underwood stated that Mr. Johnson frequented your clinic and that from time to time he brought you things from Nashville. Is she correct?”

“Technically, yes. Everyone knows that Army makes frequent trips to Nashville and other cities; it’s his business. I seldom leave the county—almost never, as a matter of fact. Army—Mr. John-son—runs errands for me. He might take a blood sample to the lab at Vanderbilt Hospital, or he might bring me a surgical instrument from one of the medical supply houses. Occasionally, he’ll even do some personal shopping for me. Pick up a kitchen utensil at Harvey’s Department Store, something like that.”

“Trudy said that she saw you crying and that Army embraced you. Is that true?”

“I was crying because I couldn’t do more for Lillie. Army was comforting me.”

“How do you account for Miss Underwood’s testimony?”

“Trudy Underwood has had a crush on Army Johnson since she was in grade school. Trudy was jealous of her own sister, and of me as well. Lillie and I talked about it. I think she’d lie simply to get me out of the way.”

“So she’d have no competition for Mr. Johnson’s attention?”

“Exactly.”

Jake stroked his chin as if in deep thought. He looked at the judge and then back to Kate. “Could there be an additional motive for Trudy’s accusations?”

She turned toward the jury, and in a strong voice she began to speak. “Three years ago I was driving directly behind Trudy’s parents when their car went through a guard rail, rolled down a hill, and hit a tree. Mrs. Underwood died instantly, but Mr. Underwood was still alive when I got to him. He had a flailed chest and a fractured larynx.”

Jake raised his hand. “Please explain the medical terms.”

“A flailed chest means that several ribs are broken. The larynx is the voice box. He was having respiratory stridor—sorry. He was wheezing and having trouble breathing.”

“What happened next?”

“I performed an emergency tracheotomy. I made a hole in his trachea, or windpipe, below the voice box. You have to establish an airway immediately in these situations.”

“So that he could breathe?”

“Yes.”

“Then what happened?”

“Another driver went to a nearby farmhouse and called for an ambulance. My uncle, Sheriff Jeb Marlow, came right out.”

“The ambulance took Mr. Underwood to Cookeville or Nashville?”

“Nashville.”

“Did you go with him?”

“Yes. When a person has a flailed chest, he can’t bring air into his lungs. I attached an instrument to his sternum; that’s the breastbone. By pulling up on the breastbone, the individual can breathe. I actually attached it to the ceiling of the ambulance with a cord.”

“Did he make it to the hospital alive?”

“No, he died on the way. He had a fractured liver. He bled to death.”

“You couldn’t do anything about that?”

“There was nothing anyone could do.”

“Does Trudy blame you for her father’s death?”

“Yes. Lillie understood, but Trudy never did. To be fair, Trudy was only fifteen at the time.”

“Do you have anything else to say in your defense?”

Dr. Kate seemed to weigh this question carefully. She looked out at the people in the courtroom before she finally answered. “I have made mistakes in my life, been headstrong, and haven’t always played by the rules. I loved Lillie Johnson as a sister. I would never have harmed her in any way. I did not kill Lillie Johnson.”