At the end of the trial, Davidson had been openly disappointed that he’d done such a good job destroying Jeffrey. Since the other defendants and their deep pockets had been exculpated, there was little chance of collecting much above and beyond Jeffrey’s insurance coverage even if
Jeffrey’s income was attached for the rest of his life.
For Jeffrey, the result was devastating, personally no less than professionally. His whole image of himself and his self-worth had been predicated on his sense of dedication, commitment, and sacrifice. The trial and the finding by thejury destroyed that. He even came to doubt himself.
Maybe he had used the.75% Marcaine by accident.
Jeffrey could have become depressed, but he didn’t have time to submit to depression. Between the widespread news reports of Jeffrey’s having
“operated under the influence” and the fierce antidrug sentiment of the times, the district attorney had felt compelled to file criminal charges.
To Jeffrey’s total disbelief, he now found himself charged with murder in the second degree. It was on this charge that Jeffrey was now awaiting the jury’s verdict.
Jeffrey’s musings were again interrupted by the uniformed court officer as he reappeared from the judge’s chamber and slipped back into the jury room.
Why were they drawing it out like this? It was torture for Jeffrey. He was plagued by an allioo-real sense of d6jA vu, since the four-day criminal trial had not gone much differently than the previous civil trial. Only this time the stakes were higher.
Losing money, even if he didn’t have it, was one thing. The specter of a criminal conviction and mandatory prison term was something else entirely.
Jeffrey truly did not think he could withstand life behind bars. Whether it was due to a rational fear or an irrational phobia, he didn’t know.
Regardless, he’d told Carol he’d spend the rest of his life in another country rather than face a prison term.
Jeffrey raised his eyes to the empty judge’s bench. Two days previously, the judge had charged the jury before they’d retired for their deliberations. Some of the judge’s words reverberated in Jeffrey’s mind and fanned his fears.
7
“Members of the jury,” Judge Janice Maloney had said, “before you can find the defendant, Dr. Jeffrey Rhodes, guilty of second-degree murder, the
Commonwealth must have proved beyond a reasonable doubt that Patty Owen’s death was caused by an act of the defendant which was imminently dangerous to another person and evinced a depraved mind, indifferent to human life.
An act is ‘imminently dangerous’ and ‘evinces a depraved mind’ if it is an act that a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another. It is also such an act if it comes from ill will, hatred, or harmful intent.”
It seemed to Jeffrey that the outcome of the case hinged on whether the jury believed he had taken morphine or not. If they believed he had, then they would find he had acted with harmful intent. At least that was how
Jeffrey would find if he were one of the jurors. After all, giving anesthesia was always imminently
dangerous. The only thing that distinguished it from criminal battery was the informed consent.
But the judge’s words to the jury that had most threatened Jeffrey involved the part about punishment. The judge had informed the jury that even a conviction of the lesser charge of manslaughter would require her to sentence Jeffrey to a minimum of three years in prison.
Three years! Jeffrey began to perspire and feel cold at the same moment. He wiped his brow and his fingers came away damp.
“All rise!” the court officer called out, having just stepped out of the jury room. Then he stood aside. Everyone in the courtroom scrambled to his feet. Many craned their necks, hoping to get a glimmer of the verdict from the jurors’ expressions when they appeared.
Preoccupied with his thoughts, Jeffrey was caught off guard by the court officer’s terse announcement. He overreacted, leaping to his feet. He felt momentarily dizzy and had to lean on the defendant’s table a moment for support.
As the jurors filed in, none of them made eye contact with Jeffrey. Was that a good or bad sign? Jeffrey wanted to ask Randolph but he was afraid to.