'That's right.'
'Would your answer to that question have changed after you learned
Kendra Martin's actual reasons for being in Old Town and how the heroin
ended up in her system?' No.
'Why is that?' I asked. 'After all, the victim in the case changed
her statement.'
'She did change some details in her statement, but her statements with
respect to what the suspects actually did to her did not change. The
charges would still be the same.'
Ray wrapped up his testimony by describing the change in Kendra's
demeanor from the first interview to the second. He was well-suited
for this role. He actually managed to make Kendra's mood swings weigh
in her credibility's favor. As he explained it, Kendra was initially
very agitated. But once they made it clear that they were there to
find out what happened to her and who did it, she was cooperative and
focused. When they interviewed her again and indicated their concerns
about her initial statement, she seemed embarrassed and worried that
her honesty would hurt the case. Once she amended her statement, she
seemed relieved.
After Ray was excused, I called Dr. Malone to the stand. I was
worried that the bailiff might actually have to wake the poor guy up in
the hallway, but apparently not. Moments later, Preston Malone strode
confidently to the witness stand. I guess it's true that residency
trains doctors to perform well regardless of the sleep deprivation.
Dr. Malone took the oath and explained his credentials to the jury.
Pretty impressive. Undergraduate degree in biochemistry from Pomona,
MD from Johns Hopkins. Played the viola in the Portland symphony in
what he generously termed his 'spare time.' Damn. If I thought he had
room in his schedule, I might've called him for a date.
We walked through Kendra's medical records together, with Dr. Malone
explaining the cryptic notes that detailed the physical trauma that
Kendra experienced. Knowing Kendra like I did, it was hard to listen
to. But it was critical that the jury hear it.
'Dr. Malone, you have described what you have called tears to the wall
of Kendra Martin's anus. After your physical examination of Kendra
Martin, did you form an opinion as to what caused those tears?'
'Yes, I did.'
'And what is your opinion?'
'You must understand that the anal wall is extremely sensitive to
pressure. Most people experience detectable trauma simply from a
standard bowel movement, so it's not unusual to detect some
irregularity in what we call the 'anal wink.' In fact, I have seen
patients report to the emergency room with voluntarily inflicted
injuries in that particular area that are, as you might imagine,
extremely abnormal.'
A couple of the jurors shifted uncomfortably in their seats.
'And how would you describe Kendra Martin's injuries?'
'Severe. Even compared to very young sexual abuse victims, the trauma
was incredible. There were no signs of lubrication, either chemical or
natural. The only thing I can compare it to is an episiotomy, in which
we enlarge the vaginal opening for childbirth. Of course, the patient
is anesthetized for that procedure. Given the degree of injury this
patient sustained, I would have expected her to need at least two
weeks' healing time. It was only because of this particular patient's
emotional resiliency that she was able to go home the following day.'
'And were you able to form an opinion about what type of object created
Kendra Marin's internal injuries?'
'Yes. With voluntary pressure, for comparison, it's not unusual to see
perforations in the anal wall, but they tend to be superficial, and the
use of lubrication minimizes the damage. In Kendra's case, the
injuries were abrupt. Someone had subjected her to quick and intense
pressure in specific areas. Moreover, I found several wooden splinters
in her skin. This,
as well as the degree of tearing, led me to conclude that she was
penetrated abruptly and repeatedly with an unfinished wooden stick at
least an inch and a half wide and seven inches long.'
I pushed my hair behind my right ear as I looked down at my notes for a
reminder of where I was and what I was trying to get out of this
witness's testimony.
I hadn't discussed these questions with Dr. Malone, but I sensed that
he had a nonobjective investment in the case. I chose my words
cautiously to get the answer I wanted.
'During your medical residency, have you ever seen a patient as
seriously injured as Kendra Martin was from the hands of another
person?'
