Promotional Provocation

The prosecutor began by examining Dr. Ederle.

"Yes, sir, that is correct. Mrs. Stevenson, his wife, contacted me distraught that her husband had become delirious and was making irrational accusations and decisions that were bringing about severe adverse effects to his life. She stated also that he had become violent and struck her. She indicated that she could never press charges against him since he was not in his right mind. She implored that I treat him and help him recover his normal sensibilities. We picked him up and her findings were confirmed in my presence. He behaved very irrationally and violently. He's autistic and that may have a bearing on his mental instability. At his 72-hour hearing, I felt that he was still a threat to himself and others, so the court gave me the authority to hold him until today's hearing. I still believe that he is in great mental distress and I need more time to explore the best ways to bring him back to reality. That's why I've requested his indefinite involuntary commitment to my facility for further treatment."

"Thank you, Dr. Ederle. I hope you are able to help this troubled man. Your witness, counselor. Your honor, the prosecution rests."

Ira Abbot rose and approached for cross-examination, "Dr. Ederle, did Mrs. Stevenson provide any details describing Andrew's irrational accusations and decisions that greatly concerned her?"

"Yes, she mentioned that he had hallucinated and accused her of voluntarily participating in some sort of orgy with his boss. Furthermore, because of his psychotic delusions, he tried to resign from his job on the very day that he was promoted to a position with a starting salary of one million dollars per year. She believed that no one in their right mind would do such a thing. His self-destructive behavior was adversely affecting their marriage and his career."

"I see. And you have had Mr. Stevenson under your watch and care 24/7 for the past week, is that correct?"

"Yes, that's right."

"May I assume that you have counseled with him more than once over the past seven days to confirm his wife's assertions?"

"I wouldn't characterize it like that. My sessions with him weren't to confirm anyone's opinion. They were undertaken to evaluate his mental well-being and determine whether or not he is a threat to himself or others."

"And you are confirming your professional opinion here today that he is a violent man who is a threat to himself and a potential threat to others?"

"Yes, sir, that is correct. He has assaulted our staff and orderlies and has treated them atrociously. That's why he is restrained. Don't get me wrong. By no means is Mr. Stevenson a lost cause. I believe we may experience a breakthrough with him any day now. But until then, he requires our constant professional care."

"So you say. I find it interesting that Mr. Stevenson has exhibited no violent tendencies whatsoever in the courtroom today. How do you explain that?"

"It is my considered opinion that he can exhibit short bursts of self-control to get what he wants. He may hope that his good behavior for this short while will influence the court to cancel his continued commitment to our institution. That would be a travesty."

"Let me get back to an earlier line of questioning if you don't mind, Doctor. How many personal interactive sessions would you say that you conducted with Andrew over the past seven days for his evaluation?"

"That's easy to answer. I had six sessions with him, one hour in duration each, once per day between the hours of 2 to 3 pm."

"You're certain of that, Dr. Ederle?"

"Just a moment, sir. That's my recollection. Let me check my notes." He pulled out a notepad from his pocket and reviewed his notes. "Yes, I can confirm those sessions occurred each day at those times. He was usually at his calmest a couple of hours after lunch."

"May I remind you that you're under oath, Dr. Ederle?"

"No need to challenge me, sir. I've attended hundreds of these court hearings. The information I provided you is correct," he said arrogantly.

"Thank you, sir. I just wanted to be clear for the record. I've completed my cross-examination, you're honor but reserve the right to recall the witness again if needed."

The judge nodded. "You may step down from the witness stand, Dr. Ederle. Thank you."

Ira continued, "If it pleases the court, the defense would like to call Mrs. Mary Beth Stevenson to the stand please."

She was duly sworn in and took her seat on the stand. "Mrs. Stevenson, would you tell the court the sequence of events that led you to have your husband involuntarily committed?"

"Yes, sir. Andrew and I attended a company Christmas gala held by Mr. Ben Higgins, CEO of Higgins Investments, and Andrew's employer. Immediately after Don Sharpe announced his formal retirement, Mr. Higgins announced the good news that Andrew would be promoted to take his place coupled with a seat on the board. I was never prouder of Andrew than at that moment. About an hour later, Andrew began to come unhinged and began making false claims of my infidelity with his boss, Ben Higgins. Ben and I were both horrified. We had no inkling of where Andrew would get such an idea. He became verbally and physically abusive toward me and left the party in a fit of rage. He'd had lapses before and I overlooked them but this was different. I don't know if it was the pressure of his new title that weighed on him or something else. He told Ben Higgins that he resigned, stormed out and I went home with him. We had a terrible argument as he repeated his delusional accusations and slapped me when I tried to stop him from leaving. He packed a couple of suitcases, cut his wedding ring into pieces, and threw it at me before leaving in the car."

"I object, your honor," the prosecutor stated. "Is this attorney qualified to represent Mr. Stevenson's interests? Everything she's testified to falls solidly against Mr. Stevenson. Because she's his wife, I didn't ask her to testify against her husband, though Mr. Abbot here seems to have no such qualms."

The judge looked at Ira before ruling, "Well?"

Ira affirmed, "Your honor, Mrs. Stevenson did not invoke her right of spousal privilege not to testify against her husband. She admits that she is responsible for his initial involuntary commitment. I wanted to get all of the facts on record before following up with my client's defense. All of her testimony is relevant to the best interests of my client, your honor."

"Objection overruled, you may continue, counselor."

"Thank you, your honor. Do you know where Andrew went after he left you at the house that night?"

"I can't be sure. But I located him at his parents' home two days later when he answered his Dad's phone. I begged him to return."

"And how did he respond?"

"It's like he wasn't himself any longer. He was confused out of his mind and kept calling me Miss Meadows, my maiden name, acting as if we'd never married. And since he was at his parents' house and had been violent toward me earlier, I was naturally concerned for their safety. Owing to their frailty, unlike me, they would be unable to handle a physical assault."

"So, let me ask again for clarity. You're stating for the record, under oath, that you were never intimate in any way with Ben Higgins that might have induced Andrew to want to separate from you, is that correct?"

"Yes, that is correct. I mean, I did dance with him at the party, as well as with others in a perfectly innocent setting. Mr. Higgins and I were never intimate. There was no infidelity. All of that resides within Andrew's imaginary world. He needs help and I want him to get it so he can come back home. I love you, Andrew, and I just want what's best for you," she pleaded.

"Thank you, Mrs. Stevenson, I've finished my questioning of you for now. Your honor, if it pleases the court, I'd like to call Mr. Ben Higgins to the stand please."

The prosecutor objected again. "Your honor, this is a waste of the court's time. What possible relevance could anything Mr. Higgins testify to have any bearing on Mr. Stevenson's commitment hearing?"

Again, the judge looked at Ira. "Your honor, the man has been his employer for twenty years. It has been posited that Andrew's behavior is insane to resign in the face of a promotion to a million-dollar salary. This witness may be able to shed some light on that."

"Objection overruled, I'll allow it, counselor but let's not wander too far off the path, understood?"

Ira rejoined, "Understood, your honor, thank you."

Ben Higgins was sworn in and replaced Mary Beth on the stand.

"Mr. Higgins, before this recent incident with Andrew that we have been discussing here today, how would you describe him as an employee?"

"That's easy to answer. I would call him an exemplary employee, intelligent, honest, and hardworking. I've watched him grow into his own since he first came to us all those years ago. I wish I had ten more just like him. That's why I offered him a seat on the board and a prodigious salary to go along with it."

Chapter-8

"What do you think triggered Andrew to have the reaction that he presented at the party that night?"

"I really couldn't say. He marches to the beat of a different drummer. That's one of the things that makes him such a great asset to the company. I'm anxious to get him back on the job. He's almost irreplaceable."

"High praise for one who accused you of having sexual relations with his wife. Do you have any idea what may have triggered those outbursts by him?"

Ben acted perturbed by the question. "I couldn't say. He's a good man. His brain just took a wrong turn. I need him back in the saddle."

"Couldn't say? Or won't say, Mr. Higgins? Let me rephrase my question. Testimony has been given here today that your employee, Andrew Stevenson accused you of having intimate sexual relations with his wife. To help the court better understand Andrew's mental state at the time, can you state categorically for the record if there is any truth to that assertion? Have you ever had intimate sexual relations at any time with Andrew's wife, Mary Beth Stevenson?"

"NO! I've never had intimate relations of any kind with Mrs. Stevenson. My heart goes out to Andrew. His mind doesn't work the same way yours and mine does. He's special and it is my understanding that he has visual hallucinations. We're all pulling for you, Andrew. Come back to us as soon as you can."

"Thank you, Mr. Higgins. You may step down."

I was careful to remain emotionless when Mary Beth and Ben were testifying so that no negative reaction could be misinterpreted as violent in any way. Ira then spoke to the judge.

"Your honor, if it pleases the court, I would like to enter into evidence these audio-visual records copied from the archives of the mental health facility where my client has been involuntarily held."

"Objection, your honor, the prosecution was not apprised of any such evidence beforehand therefore discovery can't be made."

Ira batted back, "Until this morning, the court wasn't even aware that I represented Mr. Stevenson. As his attorney, I subpoenaed archive video records of Mr. Stevenson's patient room during his stay at the facility in anticipation that they might be needed as a rebuttal to testimony. I have notarized documentation here that these video recordings are untouched and are an accurate portrayal of Andrew's condition."

The judge retorted, "A reasonable argument, counselor. I will contact the signatory of this document to independently verify authenticity. If your statement is accurate, I'll allow it. The court will be in recess for thirty minutes." During recess, Ira had David wheel me into the conference room for a break. He had David feed me a coke and a pack of crackers. The three conspirators were not allowed access to me during that time. After the recess, court resumed. The recordings were properly entered into evidence for the hearing and Dr. Ederle seemed very nervous. Ira resumed his role as my defense attorney and asked the judge if anyone in the courtroom was capable of playing DVDs in the courtroom. Anticipating the request, the judge had called for Sandra, the clerk to accommodate Ira's requests.

"Sandra, you have in your hands six DVDs representing each of the six days Andrew was a patient at the mental health facility. I'd like for you to randomly pick any disc for any day and fast forward the action to the 2 pm timestamp if you would please."

"Yes, sir. Just give me a minute or two."

The overhead screen showed her moving the sliding pointer until she reached the 2 pm time-stamp marker in the corner of the video and it started playing from there. There I was in the center of the screen, calmly resting alone. No one else was in the room.

"Can you turn the sound up, please? I can't hear Dr. Ederle speaking to Andrew."

"The audio is already turned up sir. There doesn't appear to be anyone else in the room and Mr. Stevenson isn't making any sound by himself."

"Interesting. Would you mind then jumping ahead in thirty-second intervals until Dr. Ederle arrives for Andrew's session?"

"Of course, sir. That will save us all time." She clicked the thirty-second forward button repeatedly but no one else appeared to be in the room until the hour had elapsed.

"Your honor, there appears to be a miscommunication of some kind. Dr. Ederle never appeared for his session that day at that time. Rather than have the good doctor return to the stand, could you direct him to respond from where he is and inform the clerk what the correct timestamp we should be viewing Andrew's room to capture his session with him on any given date and time? He must have misspoken during cross-examination."

"So ordered. Dr. Ederle, would you mind standing and referring to your notes and informing the clerk of a specific date and time that you conducted an evaluation session with the patient? You're still under oath, Doctor," the judge reminded.

The very nervous Doctor rose to his feet and nervously thumbed through pages of notes he had with him. "Um, I'm sorry, your honor. I seem to have misplaced my session schedule times."

"That's alright, Doctor, yesterday's session will do just fine. Can you recall from memory approximately what time you conducted your evaluation on the patient yesterday? She'll gladly search out any time you provide."

"Uh, well, my memory isn't what it used to be, your honor, that's why I make written notes. I'm sorry but I cannot provide a specific time or date on the spot here and now."

"Your honor, if I may," Ira interjected. "I have already fast-forwarded through every single one of the six DVDs on my own. Dr. Ederle never conducted a single session with my client during the entire week. We don't have time to validate my findings here and my testimony as his attorney might be viewed as suspect. I invite the good doctor to provide Sandra with any of the six days that he is certain that he conducted any session with my client, and while she is fast-forwarding to find the non-existent session, I'd like to continue with the defense of my client. His freedom and reputation are on the line, your honor and I'm sure we both want to hear nothing but the truth in this matter."

The stunned judge, realizing that a trusted Doctor of Psychiatry appeared to have just lied in his courtroom didn't sit well with him. He looked the Doctor in the eye.

"Dr. Ederle, can you provide Sandra with a single date that you conducted an evaluation session with Andrew as you have already testified before this court?"

"I'm sorry, your honor, I cannot," and he sat back down in defeat.

Ira requested, "That being the case, your honor, I suggest that we not task Sandra with searching for non-existent sessions and accept that Dr. Ederle is now recanting his earlier testimony. In addition, your honor, a review of the videos will show that there was not a single instance of violent behavior exhibited by my client during his entire seven-day confinement. Being restrained for a week as Andrew has endured might be enough to drive any man insane, but my client has maintained nothing but exemplary behavior. I can produce an employee as a witness to his amiable behavior right now, but that individual is reluctant to testify for fear of losing their job. If you require it, however, they are willing to testify on his behalf to expose the atrocious circumstances to which Andrew was exposed for no good reason."

The judge asked both attorneys to approach the bench.

"Counselor Abbot, are you prepared to present this witness right now?"

"Yes, your honor."

"Very well then, I'll see you both in my chambers in five minutes with the witness while the proceedings are in recess. Bailiff, please maintain order in this courtroom during our brief absence." The bailiff assented. I remained in the courtroom along with the others.

Ira met Wanda in the lobby outside of the courtroom.

"The judge wants to hear your testimony privately in his chambers, Wanda. Since this is only a hearing and not a formal jury trial, the judge has the latitude to prevent your testimony from negatively impacting your employment." Wanda and both attorneys entered the judge's chambers with Wanda.

The judge had introductions performed and then began, "This is a private meeting to get to the truth. Inasmuch, I order that this meeting and all information about it be sealed and not repeated outside of these chambers, is that understood?" We all agreed.

"Now then, ma'am. Can you prove your employment with the mental health agency involving Andrew Stevenson?"

"Yes, your honor. Here's my I.D. card and my digital access card allowing me access to the facility. I invite you to contact anyone who answers the number of the facility and have them describe me to you over the phone. The likeness on my I.D. card will match their description. Everyone there knows me." The judge swore her in.

"I've seen enough to accept your identity as adequately verified, Wanda. Can you describe your experiences with Mr. Stevenson over the past week?"

"Yes, your honor. Andrew is just about the nicest man I have ever met, inside or outside of the facility. He never exhibited a single moment of hostility to anyone on staff. I was with him on and off for eight hours a day for five of the past seven days. To be honest, I spent every spare moment I could in his company because he is such an intriguing individual. I spoke with all other staff members who were also exposed to him and they all agreed with the assessment I just provided you, though I want to make it perfectly clear that I am not a doctor, therefore I'm unqualified to render a diagnosis of any kind. But you asked only of my experiences with him."

"Wanda, if he was as gentle and cooperative as you say, why then was he restrained the entire week? Isn't that out of the ordinary?"

"Yes, your honor it is. The only reason he was restrained is because Doctor Ederle's insistent orders made it clear that he was not to be released under any circumstances. No one could understand why. It created more work for us. We had to use pee bottles, and bedpans, clean him, feed him, and give him sponge baths. He could have done all that himself but he wasn't allowed to."

"I see. Thank you, Wanda. You've been very helpful. Remember, counselors, not a word of this to anyone. If this nice lady loses her job because of her testimony, heads will roll."

"Yes, your honor," we simultaneously replied. Wanda quietly left unseen by a side door as the three re-entered the courtroom whereupon the hearing was resumed.

The judge called the court back to order and asked, "Is there any more evidence to present, or does the defense rest?"

Ira spoke up again, "Yes, your honor. If it pleases the court, the defense has one additional short video clip to enter into evidence as a direct evidentiary rebuttal to prior testimony by the witnesses. As with the other evidence, I was unable to make it available earlier due to the same circumstances."