Page 136 of Precise Justice

The lawyers took their normal seats in front of the big desk and George announced he was ready.

“One at a time, Mr. Hughes,” Foster said.

“He’s trying to plead insanity without pleading insanity. He’s trying to tell the jury that ‘my client didn’t do it, but if you think she did, the blackout proved she was insane and therefore not guilty.’ He can’t have it both ways.”

“Seems like it. You that clever, Mr. Kadella?” Foster asked Marc.

“I’m sure I don’t know what he’s talking about,” Marc said. “I’m just following up to make sure the jury understands what his expert is getting at, your Honor.”

“Seems he’s practically winking at you now,” an angry and getting angrier Thomas Hughes said.

“Seems to me, you opened the door for this,” Judge Foster told Hughes. “And he may be trying to wink and nod at the jury giving them a diminished capacity case to conclude. But,” Foster now looked at Marc and said, “I’m sure he won’t use any language like that in closing. And, we’re not going to ask this witness any more questions about it.”

“He hasn’t answered yet,” Marc said. “There’s an objection to deal with.”

Foster thought for a moment before saying, “I’m gonna overrule the objection. The witness will answer your question. Then we’ll move on.”

Back in the courtroom Foster announced his ruling and ordered MacArthur to answer. Much to Marc’s delight, MacArthur had to have the question repeated.

George read from his recording, “As a highly qualified psychiatrist and expert witness, would you characterize this as being cognitively, mentally impaired? Diminished?”

MacArthur hesitated, realizing if he said no, most of his testimony would make him look like a fool. Quietly he said, “Yes.”

“I’m sorry professor, I didn’t hear your answer,” Marc said.

“Yes,” he repeated much louder.

Marc picked up a single page document. Looked it over then looked up at the professor.

“Professor MacArthur, I have in my hands a single page document. I believe I have your pay and expenses for being here today. United Airline, first class, round trip, eight hundred and eighty three dollars. Is that correct?”

“I wouldn’t know,” MacArthur answered.

“Someone else bought the ticket for you?”

“Yes, that’s correct. But, I didn’t…”

“Yes, is the correct answer, Professor. Moving on.

“Three nights for a suite in a downtown five-star hotel at twelve-hundred dollars per night. Correct?”

“If you say so. I wouldn’t know, I did not book the reservation.”

“Is that a yes?”

“Um, yes, okay.”

“Meals, housekeeping and a limousine service to and from court, approximately another fifteen hundred. Sound about right?”

“Objection, your honor,” Hughes stood and said, trying to stop it. “The witness has stated he does not know the specifics…”

“These items he has to sign for,” Marc said. He looked at Hughes and said, “I can put a witness on the stand to verify it. Would you like that?”

“Speak to me, Mr. Kadella,” Judge Foster said. “Overruled. Move along.”

“Your fees for testifying, five thousand dollars is that accurate and paid by the taxpayers.”

“It’s for my time,” MacArthur said.

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