with Appleby at eight-thirty a.m. to discuss their plan.
“Good morning, Jacob.” She tried to sound polished and assertive. She hoped he had forgotten chastising her the day before.
“Alexa, you look tired. Try not to fall asleep in front of the jury today. It’s not very professional.”
She rolled her eyes to herself and nodded to him. Deliriously tired, but not more so than usual.
“I’d like to keep you off the stand, but I need you to recite some lines today.”
Her stomach let out a half growl, half moan.
“Relax. I just need you to read your deposition to the jury.” Appleby planned to strip her initial statement to Detective Marcum from the record, as that seemed to be the root of her self-incrimination, and replace it with the softer version she had given the prosecution early in the trial.
Alexa’s initial statement to Detective Marcum had been too harsh. Her version of the events seemed overly strategic. It didn’t sit well with the jury. Alexa had told Detective Marcum, “I aimed for his carotid and kept cutting until I saw arterial blood. When I knew he was dead, I rolled him off of me.” But Appleby’s version of her statement was the more sympathetic damsel in distress role. Alexa nodded. “Sure. I’ll do whatever you need.”
She walked into a flurry in the courtroom, with people scooting past one another trying to find their seats. The jury shuffled in. Alexa eyed the jury of her peers, skewed with minorities more so than the standard Austin population, and wondered if the decks were stacked against her.
“The court is now in session.” The gavel banged, and the judge sat.
Surprisingly, Appleby began with his first witness. He called Dr. Phil Holston to the stand. Alexa’s forehead rumpled in confusion. The name of the ER doctor wasn’t immediately familiar to her. Dr. Holston testified to his name and his position, and that Alexa DeBrow was his patient the night of the incident. Appleby gave Dr. Holston Alexa’s medical records from her hospital admission for him to read to the court.
“The patient, a thirty-two-year-old female, was attacked earlier tonight. Her attacker cut her left thigh, resulting in a seven-centimeter superficial laceration. She suffered small lacerations to her head/scalp posteriorly, with a large scalp hematoma, and there is concern for intracranial bleed. Patient has suffered a concussion and is disoriented to date. She also had difficulty with her contact information, including her phone number and zip code. Bruises to abdomen noted, without peritoneal signs. Assessment and plan: Head CT with neurology consult. Stitches for the thigh and scalp lacerations.”
Appleby looked satisfied. “Thank you, Dr. Holston. That is all.” Appleby now addressed the courtroom. “I ask the court, how can a woman who suffered a concussion, disoriented to most basic information, give an accurate account of the night’s events to the police officers and detective who questioned her? She couldn’t even remember her phone number. How can we expect her to have functioned in the capacity of tending her attacker’s wounds? Due to the injuries she sustained, Dr. Alexa DeBrow functioned in a diminished capacity and lacked the ability to adhere to the typical medical standard of care.”
Alexa watched one of the jurors’ heads nod in agreement.
“I ask that my client’s initial statement to police be stricken from the court’s record, and that we rely solely on her deposition for all details of the assault.”
Appleby had trained Alexa well prior to her giving her deposition to the prosecution. He knew which questions would be pertinent, and she had been prepared for everything the defense might ask. In fact, the majority of her answers were rehearsed lines given to her by Appleby. She hoped the court would accept Appleby’s request. If so, she didn’t think the prosecution would be able continue ranting about how the lady with the concussion should have saved her
“Good morning, Jacob.” She tried to sound polished and assertive. She hoped he had forgotten chastising her the day before.
“Alexa, you look tired. Try not to fall asleep in front of the jury today. It’s not very professional.”
She rolled her eyes to herself and nodded to him. Deliriously tired, but not more so than usual.
“I’d like to keep you off the stand, but I need you to recite some lines today.”
Her stomach let out a half growl, half moan.
“Relax. I just need you to read your deposition to the jury.” Appleby planned to strip her initial statement to Detective Marcum from the record, as that seemed to be the root of her self-incrimination, and replace it with the softer version she had given the prosecution early in the trial.
Alexa’s initial statement to Detective Marcum had been too harsh. Her version of the events seemed overly strategic. It didn’t sit well with the jury. Alexa had told Detective Marcum, “I aimed for his carotid and kept cutting until I saw arterial blood. When I knew he was dead, I rolled him off of me.” But Appleby’s version of her statement was the more sympathetic damsel in distress role. Alexa nodded. “Sure. I’ll do whatever you need.”
She walked into a flurry in the courtroom, with people scooting past one another trying to find their seats. The jury shuffled in. Alexa eyed the jury of her peers, skewed with minorities more so than the standard Austin population, and wondered if the decks were stacked against her.
“The court is now in session.” The gavel banged, and the judge sat.
Surprisingly, Appleby began with his first witness. He called Dr. Phil Holston to the stand. Alexa’s forehead rumpled in confusion. The name of the ER doctor wasn’t immediately familiar to her. Dr. Holston testified to his name and his position, and that Alexa DeBrow was his patient the night of the incident. Appleby gave Dr. Holston Alexa’s medical records from her hospital admission for him to read to the court.
“The patient, a thirty-two-year-old female, was attacked earlier tonight. Her attacker cut her left thigh, resulting in a seven-centimeter superficial laceration. She suffered small lacerations to her head/scalp posteriorly, with a large scalp hematoma, and there is concern for intracranial bleed. Patient has suffered a concussion and is disoriented to date. She also had difficulty with her contact information, including her phone number and zip code. Bruises to abdomen noted, without peritoneal signs. Assessment and plan: Head CT with neurology consult. Stitches for the thigh and scalp lacerations.”
Appleby looked satisfied. “Thank you, Dr. Holston. That is all.” Appleby now addressed the courtroom. “I ask the court, how can a woman who suffered a concussion, disoriented to most basic information, give an accurate account of the night’s events to the police officers and detective who questioned her? She couldn’t even remember her phone number. How can we expect her to have functioned in the capacity of tending her attacker’s wounds? Due to the injuries she sustained, Dr. Alexa DeBrow functioned in a diminished capacity and lacked the ability to adhere to the typical medical standard of care.”
Alexa watched one of the jurors’ heads nod in agreement.
“I ask that my client’s initial statement to police be stricken from the court’s record, and that we rely solely on her deposition for all details of the assault.”
Appleby had trained Alexa well prior to her giving her deposition to the prosecution. He knew which questions would be pertinent, and she had been prepared for everything the defense might ask. In fact, the majority of her answers were rehearsed lines given to her by Appleby. She hoped the court would accept Appleby’s request. If so, she didn’t think the prosecution would be able continue ranting about how the lady with the concussion should have saved her
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