“Ladies and gentlemen, during this trial, do you know who was the most damaging witness of all?” He pointed a dramatic finger at Paige. “The defendant herself! We’ve heard testimony that she gave an illegal blood transfusion and then falsified the record. She has not denied that fact. She said that she never killed a patient except John Cronin, but we’ve heard testimony that Dr. Barker, a physician respected by everybody, accused her of killing his patient.
“Unfortunately, ladies and gentlemen, Lawrence Barker suffered a stroke and can’t be here with us today to testify against the defendant. But let me remind you of Dr. Barker’s opinion of the defendant. This is Dr. Peterson, testifying about a patient Dr. Taylor was operating on.”
He read from the transcript.
“ ‘Dr. Barker came into the operating room during the operation?’
“‘Yes.’
“‘And did Dr. Barker say anything?’
“Answer: ‘He turned to Dr. Taylor and said, “You killed him.”’
“This is from Nurse Berry. ‘Tell me some specific things you heard Dr. Barker say to Dr. Taylor.’
“Answer: ‘He said she was incompetent…Another time he said he wouldn’t let her operate on his dog.’ ”
Gus Venable looked up. “Either there is some kind of conspiracy going on, where all these reputable doctors and nurses are lying about the defendant, or Dr. Taylor is a liar. Not just a liar, but a pathological…”
The rear door of the courtroom had opened and an aide hurried in. He paused in the doorway a moment, trying to make a decision. Then he moved down the aisle toward Gus Venable.
“Sir…”
Gus Venable turned, furious. “Can’t you see I’m…?”
The aide whispered in his ear.
Gus Venable looked at him, stunned. “What? That’s wonderful!”
Judge Young leaned forward, her voice ominously quiet. “Forgive me for interrupting you two, but what exactly do you think you’re doing?”
Gus Venable turned to the judge excitedly. “Your honor, I’ve just been informed that Dr. Lawrence Barker is outside this courtroom. He’s in a wheelchair, but he’s able to testify. I’d like to call him to the stand.”
There was a loud buzz in the courtroom.
Alan Penn was on his feet. “Objection!” he yelled. “The prosecuting attorney is in the middle of his summation. There’s no precedent for calling a new witness at this late hour. I—”
Judge Young slammed her gavel down. “Would counsel please approach the bench.”
Penn and Venable moved up to the bench.
“This is highly irregular, your honor. I object…”
Judge Young said, “You’re right about its being irregular, Mr. Penn, but you’re wrong about its being without precedent. I can cite a dozen cases around the country where material witnesses were allowed to testify under special circumstances. In fact, if you’re so interested in precedent, you might look up a case that took place in this courtroom five years ago. I happened to be the judge.”
Alan Penn swallowed. “Does this mean you’re going to allow him to testify?”
Judge Young was thoughtful. “Since Dr. Barker is a material witness to this case, and was physically unable to testify earlier, in the interest of justice, I’m going to rule that he be allowed to take the stand.”
“Exception! There is no proof that the witness is competent to testify. I demand a battery of psychiatrists—”
“Mr. Penn, in this courtroom, we don’t demand. We request.” She turned to Gus Venable. “You may bring in your witness.”
Alan Penn stood there, deflated. It’s all over, he thought. Our case is down the drain.
Gus Venable turned to his aide. “Bring Dr. Barker in.”
The door opened slowly, and Dr. Lawrence Barker entered the courtroom. He was in a wheelchair. His head was tilted, and one side of his face was drawn up in a slight rictus.
Everyone watched the pale and fragile figure being wheeled to the front of the courtroom. As he moved past Paige, he looked over at her.
There was no friendliness in his eyes, and Paige remembered his last words: Who the hell do you think you…?
When Lawrence Barker was in front of the bench, Judge Young leaned forward and said gently, “Dr. Barker, are you able to testify here today?”