Solomon and Lord Drop Anchor

5

Charlie Riggs took the stand with a smile on his face and a plastic model of the spine in his back pocket. I felt better just looking at him. Bushy gray moustache and beard, a brown tweedy jacket more at home in Ivy League libraries than art deco Miami, twinkling eyes full of experience. A trustworthy man. Like having Walter Cronkite on my side.

He’d testified hundreds of times for the state and was comfortable on the witness stand. He crossed his legs, revealing drooping socks and pale calves. He breathed on his eyeglasses and wiped them on his tie. He slipped the glasses onto his small nose that was almost buried by his beard. Then Charlie Riggs nodded. He was ready.

“Please state your name and profession for the jury,” I instructed him.

“Charles W. Riggs, M.D., pathologist by training, medical examiner of Dade County for twenty-eight years, now happily retired.”

“Tell us, Dr. Riggs, what are the duties of a medical examiner.”

“Objection!” Dan Cefalo was on his feet. “Dr. Riggs is retired. He is incompetent to testify as to the current medical examiner’s duties.”

In the realm of petty objections, that one ranked pretty high, but it was the first one of the day, and you could flip a coin on it.

“Sustained,” Judge Leonard said, unfolding the sports section, looking for the racetrack charts.

I had another idea. “Let’s start this way, Dr. Riggs. What is a medical examiner?”

“Well, in merry old England, they were called coroners. You can trace coroners back to at least the year 1194. They were part of the justice system, part judge, part tax collector. The coroner was the custos placitorum coronae, the guardian of the pleas of the Crown. If a man was convicted of a crime, the coroner saw to it that his goods were forfeited to the Crown.”

Cefalo looked bored, the judge was not listening as usual, but the jurors seemed fascinated by the bearded old doctor. It works that way. What’s mundane to lawyers and judges enchants jurors.

“Later the coroner’s duties included determining the cause of death with the help of an inquest. The sheriff would empanel a jury, much as you have here.” He smiled toward the jury box, and in unison, six faces smiled back. They liked him. That was half the battle.

“The jury had to determine whether death was ex visitatione divina, by the visitation of God, or whether man had a hand in it. Even if death was accidental, there was still a sort of criminal penalty. For example, if a cart ran over someone and killed him, the owner had to pay the Crown the equivalent value of the cart. That got to be quite a problem when steamships and trains began doing the killing.”

The jurors nodded, flattered that this wise old man would take the time to give them a history lesson. “Still later, coroners began recording how many deaths were caused by particular diseases. Sometimes I spend my evenings with a glass of brandy and a collection of the Coroner’s Rolls from the 1200s. You’d be surprised how much we can learn. At any rate, Counselor, the job of the coroner, or medical examiner, is to determine cause of death. Our credo is ‘to speak for the dead, to protect the living.’”

“And how does a coroner determine cause of death?” I asked.

Charlie Riggs pushed his glasses back up his nose with a chubby thumb. “By physical and medical examination, various testing devices, gas chromatography, electron microscopes, the study of toxicology, pharmacology, radiology, pathology. Much is learned in the autopsy, of course.”

“May we assume you have determined the cause of death in a number of cases?”

“Thousands. For over twenty years, I performed five hundred or more autopsies a year and supervised many more.”

“Can you tell us about some of your methods, some of your memorable cases?”

A hand smacked the plaintiff’s table and Dan Cefalo was on his feet, one pantleg sticking into the top of his right sock, the other pantleg dragging below the heel of the left shoe where the threads had unraveled from the cuff. “Objection,” he said wearily. “This retired gentleman’s life story is irrelevant here.”

Taking a shot at Riggs’s age. I hoped the two older jurors were listening. “Your Honor, I’m entitled to qualify Dr. Riggs as an expert.”

Cefalo was ready for that. He didn’t want to hear any more than he had to from Charlie Riggs. “We’ll stipulate that Dr. Riggs was the medical examiner for a long time, that he’s done plenty of autopsies, and that he’s qualified to express an opinion on cause of death.”

That should have been enough, but I still wanted Riggs to tell his stories. When you have a great witness, keep him up there. Let the jury absorb his presence.

“Objection overruled,” Judge Leonard said. Good, my turn to win one.

“Dr. Riggs, you were about to tell us of your cases and methods of medical examination of the cause of death.”

So Charlie Riggs unfolded his memories. There was the aging playboy who lived at Turnberry Isle, found dead of a single bullet wound to the forehead. Or so it seemed. The autopsy showed no bullet in the skull, no exit wound, just a round hole right between the eyes, as if from a small caliber shell.

“The police were stumped for a murder weapon,” Charlie Riggs said. “Sometimes it’s best to consider everyday items. I searched the grounds and, in a dumpster near the marina, I found a woman’s red shoe with blood on the metal spiked heel. The blood type matched the playboy’s, the heel matched the wound, and the owner of a French shoe shop at Mayfair identified the woman who bought the six- hundred-dollar shoes two weeks earlier. The woman confessed to doing him in. A lover’s spat, she didn’t want to kill him, just brain him.”

Then there was the mystery of the burned woman. She was sitting there, fully clothed, on her sofa, burned to death. Her clothes were not even singed. There was no smoke or evidence of fire in the apartment. The woman’s boyfriend had found the body. He said she came home drunk, took a shower, and next thing he knew, she was sitting on the sofa dead.

“I took a pair of tweezers and probed the bathtub drain,” Charlie Riggs told the jury. He paused. Several jurors exhaled in unison.

“It was just a hunch. Up came pieces of skin, and I knew the answer.”

Charlie Riggs smiled a knowing smile and stroked his beard, everybody’s favorite professor.

“Both had come home drunk, and she passed out. The boyfriend tried to revive her in the bathtub, but sailing three sheets to the wind, he turned on the hot water and left her there. The scalding water burned her to death. When the boyfriend sobered up, he panicked, so he dried her off, dressed her, put her on the sofa, and called the police.”

The jury sat entranced. There’s nothing like tales of death, well told. Riggs testified about matching tire treads to the marks on a hit-and-run victim’s back, of fitting a defendant’s teeth to bite marks on a rape-murder victim, of finding teeth in a drain under a house, the only proof of the corpus delicti, the body of a man dissolved in sulfuric acid by his roommate.

The litany of crime had its purpose, to shock the jury with deeds of true miscreants, to deliver a subtle message that the justice system should prosecute murderers, not decent surgeons, even if they might make mistakes. Errare humanum est. If that’s what it was, an honest error.

I hadn’t told Charlie Riggs about the conversation with Susan Corrigan. What would I tell him, that a dead man’s daughter, poisoned with grief and hate, thinks my client is a murderer? She had no physical evidence, no proof, no nothing, except the allegation that Roger Salisbury and Melanie Corrigan were getting it on. I would talk to Salisbury about it, but not now.

While Charlie Riggs testified, I watched Roger. He kept shooting sideways glances at Melanie Corrigan’s perfect profile. She watched the witness, oblivious to the attention. She was wearing a simple cotton dress that, to me, looked about two sizes too large, but I supposed was in style. A wide belt gathered it at the waist and it ended demurely below the knee. It was one of those deceiving things women wear, so simple it disguises the name of an Italian designer and a megabucks price tag.

I tried to read the look in Roger Salisbury’s eyes but could not. Was there a chance that it was true? Not just that he might have been diddling his patient’s wife. I didn’t care about that. But that he might have killed Corrigan. That it was all a plot, that the malpractice trial was just a cover, or better yet, a way to pick up another million. If that’s what it was, there’d be plenty of chances for Salisbury to tank it. He was scheduled to testify after Riggs.

I continued my direct examination: “Now Dr. Riggs, have you had an opportunity to examine the medical records compiled by the physicians and the hospital?”

“Yes.”

“And based on the records, and your years of experience, do you have an opinion to a reasonable degree of medical probability what caused the death of Philip Corrigan?”

“I do.”

The courtroom was silent except for the omnipresent hum of the air conditioning. Everyone knew the next question.

“And what was the cause of death?”

“A ruptured aorta. Internal bleeding, which in turn caused a lowering of blood pressure. In layman’s terms, the heart, which is the pump in a closed circulatory system, didn’t have enough fluid to pump, so it stopped.”

“And what, sir, caused the aorta to rupture?”

“There is no way to answer that with absolute certainty. We can only exclude certain things.”

“Such as?” Keep the questions short, let the doctor carry the ball.

“Well, Dr. Salisbury here certainly didn’t do it with the rongeur. If he had, the rupture would be on the posterior side of the aorta. But as reported by the surgeon who tried the emergency repair of the aorta, the rupture is on the anterior side, the front. Naturally a surgeon making an incision in a man’s back, working around the spine, is not going to puncture the front of the aorta, the part that faces the abdomen.”

Dan Cefalo turned ashen. There aren’t many surprises in trials anymore. Pretrial discovery eliminates most of that. But Charlie Riggs gave his deposition before studying the report of the second surgery, the chaotic attempt to close the bursting aorta a dozen hours after the laminectomy. When he read the report, bells went off. Nobody else had paid any attention to where the rupture was, only that it existed.

For the next fifteen minutes, it went on like that, Charles W. Riggs, M.D., witness emeritus, showing the jury his plastic model of the spine with the blood vessels attached like strings of licorice. The report of the thoracic surgeon who tried unsuccessfully to save Conigan’s life came into evidence, and the jurors kept looking at Dr. Riggs and nodding.

It was time to slam the door. “If Dr. Salisbury did not puncture the aorta with the rongeur, could not have, as you have testified, what might have caused it to rupture?”

“We call it spontaneous aortic aneurysm. Of course, that’s the effect, not the cause. The causes are many. Various illnesses or severe trauma to the abdomen can cause the aorta to burst. Arteriosclerosis can weaken the aorta and make it susceptible to aneurysm. So can high blood pressure. It could be a breakdown that medicine simply can’t explain, as they said in the Middle Ages, ex visitatione divina.”

I smiled at Dr. Riggs. He smiled back at me. The jury smiled at both of us. One big happy family.

I was nearly through but had one more little surprise for Dan Cefalo. A nail in the coffin. I handed Riggs Plaintiff’s Exhibit Three, a composite of Philip Corrigan’s medical history. “Dr. Riggs, did Philip Corrigan have any prior medical abnormalities?”

Charlie Riggs scanned the document but already knew the answer from our preparation sessions. “Yes, he was previously diagnosed by a cardiologist as having some degree of arteriosclerosis.”

“And the effect of such a disease?”

“Weakening of the arteries, susceptibility to aneurysm. Men in their fifties or beyond commonly show signs of arterial disease. Blame the typical American diet of saturated fats, too much beef and butter. In that condition, Mr. Corrigan could have had an artery blow out at any time.”

“At any time,” I repeated, just in case they missed it.

“Yes, without a trauma, just watching TV, eating dinner, any time.”

“Thank you, Doctor.” I nodded toward the witness stand in deference to the wisdom that had filled the courtroom. Then I turned toward Dan Cefalo, and with the placid assurance of a man who has seen the future and owns a fine chunk of it, I gently advised him, “Your witness, Counselor.”

Cefalo stood up and his suitcoat fell open, revealing a dark stain of red ink under his shirt pocket, the trail of an uncapped marking pen. Or a self-inflicted wound.

His cross-examination fell flat. He scored a meaningless point getting Riggs to admit that he was not an orthopedic surgeon and had never performed a laminectomy. “But I’ve done thousands of autopsies, and that’s how you determine cause of death,” Riggs quickly added.

“You testified that trauma could cause the rupture, did you not?” Cefalo asked.

“Yes, I can’t tell you how many drivers I saw in the morgue in the days before seat belts. In a collision, the steering wheel can hit the chest and abdomen with such force as to rupture the aorta. That, of course, is trauma from the front.”

“But a misguided rongeur could produce the kind of trauma to rupture the aorta?”

Hit me again, Cefalo seemed to plead.

“It could, but not in the front of the blood vessel when the surgeon is coming in from the back,” Riggs said.

Cefalo wouldn’t call it quits. “The thoracic surgeon was working under conditions of extreme emergency trying to do the repair, was he not?”

“I assume so,” Riggs said.

“And in such conditions, he could have made a mistake as to the location of the rupture, could he not?”

Riggs smiled a gentle, fatherly smile. “Every piece of evidence ever adduced in a courtroom could be the product of a mistake. Your witnesses could all be wrong. Mr. Lassiter’s witnesses could all be wrong. But it’s all we’ve got, and there’s nothing to indicate the rupture was anywhere but where the chest buster-excuse me, the thoracic surgeon-said, the anterior of die aorta.”

Fine. Outstanding. I couldn’t have said it better myself. Cefalo sat down without laying a glove on him. It was after one o’clock and we had not yet recessed for lunch. Judge Leonard was fidgeting.

“Noting the lateness of the hour, perhaps this is an opportune time to adjourn for the day,” the judge said. Translation: There’s a stakes race at Hialeah and I’ve got a tip from a jockey who hasn’t paid alimony since his divorce fell into my division last year. “Hearing no objection, court stands adjourned until nine-thirty tomorrow morning.”

Roger Salisbury was beaming. He didn’t look like a man who wanted to lose. It had been a fine morning of lawyering, and I was feeling pretty full of myself. In the back of the courtroom I caught a glimpse of Susan Corrigan wearing a Super Bowl XVI nylon jacket over a T-shirt. She eyed me as if I’d just spit in church.

I told Roger Salisbury I’d treat him to stone crabs, home fries, and cold beer for lunch. Time for a mini-celebration, lime, too, for some questions I needed to ask.