Bonnie Weight-Smith
15 MR. WILSON: THANK YOU, YOUR HONOR. WE WOULD CALL
16 BONNIE SMITH-WEIGHT TO THE STAND AT THIS TIME.
17 THE COURT: MS. WEIGHT, IF YOU'D RAISE YOUR RIGHT
18 HAND, PLEASE, AND FACE THE CLERK.
19 BONADELL WEIGHT-SMITH,
20 HAVING BEEN DULY SWORN, WAS EXAMINED AND
21 TESTIFIED AS FOLLOWS:
22 THE COURT: IF YOU'LL HAVE A SEAT UP HERE.
23 MS. WEIGHT, IF YOU'D GIVE US YOUR FULL NAME AND SPELL THAT
24 LAST NAME, PLEASE.
25 THE WITNESS: BONADELL SMITH-WEIGHT, W-E-I-G-H-T.
1 DIRECT EXAMINATION
2 BY MR. WILSON:
3 Q. GOOD MORNING, BONNIE.
4 A. MORNING.
5 Q. YOU'RE THE DAUGHTER OF LYDIA SMITH?
6 A. YES.
7 Q. I WANT TO TAKE YOU BACK TO THE TIME PERIOD WHEN YOUR
8 MOTHER HAD TRANSFERRED FROM THE SOUTH DAVIS CARE CENTER TO
9 THE DAVIS HOSPITAL. DO YOU REMEMBER THAT TIME FRAME?
10 A. YES.
11 Q. DO YOU REMEMBER WHEN THAT OCCURRED?
12 A. WHEN WE TOOK HER FROM THE SOUTH DAVIS UP TO LAYTON
13 HOSPITAL?
14 Q. YES.
15 A. IT WAS DECEMBER 20TH.
16 Q. OKAY.
17 A. OF 1996.
18 Q. NOW, I UNDERSTAND YOU HAVE PARTICIPATED IN THAT TRANSFER,
19 IS THAT CORRECT?
20 A. YES.
21 Q. SO YOU WERE WITH HER ON THAT PARTICULAR OCCASION?
22 A. YES.
23 Q. WAS SHE TRANSFERRED IN YOUR VEHICLE OR --
24 A. IN MY -- YES, MY VEHICLE.
25 Q. DO YOU RECALL APPROXIMATELY WHAT TIME OF DAY THAT
1 OCCURRED?
2 A. JUST SOMETIME IN THE AFTERNOON.
3 Q. AND DO YOU KNOW WHAT THE PURPOSE OF THE TAKING HER THERE
4 WAS?
5 A. YES. THE PURPOSE OF TAKING HER THERE WAS TO PUT HER IN
6 THE CARE OF A PSYCHIATRIST TO HELP MEDICATE HER SO THAT SHE
7 WASN'T SO AGITATED AND DIFFICULT TO TAKE CARE OF.
8 Q. CAN YOU DESCRIBE FOR US, IF YOU WOULD, ON THAT PARTICULAR
9 DATE WHAT YOUR MOTHER'S PHYSICAL AND MENTAL CONDITION WAS?
10 A. SHE WAS FEARFUL, ANXIOUS, AGITATED.
11 Q. WAS SHE MOBILE AT THAT OCCASION?
12 A. YES.
13 Q. UPON ARRIVING AT THE DAVIS HOSPITAL, WHAT TOOK PLACE AT
14 THAT TIME?
15 A. I -- WE WALKED INTO THE -- I HAD MY TWO NEPHEWS WITH ME
16 WHO'D GONE WITH ME TO HELP CONTROL MOTHER IN CASE SHE BECAME
17 AGITATED AND WE WALKED INTO THE ENTRANCE TO THE HOSPITAL
18 AND -- ACTUALLY, FROM THERE ON I CAN'T REMEMBER WHAT EXACTLY
19 WENT ON.
20 Q. YOU WENT THROUGH SOME FORM OF AN ADMISSIONS PROCESS, I
21 ASSUME?
22 A. YES.
23 Q. SO HOW LONG WERE YOU WITH YOUR MOTHER ON THAT PARTICULAR
24 DATE BEFORE YOU LEFT?
25 A. I CANNOT REMEMBER.
1 Q. OKAY. DID YOU EVER HAVE OCCASION ON THAT PARTICULAR DATE
2 TO MEET WITH THE DEFENDANT?
3 A. NO.
4 Q. AFTER LEAVING THE HOSPITAL ON THAT DAY, DID YOU CONTINUE
5 TO VISIT WITH YOUR MOTHER?
6 A. AS OFTEN AS POSSIBLE, YES.
7 Q. AND CAN YOU TELL US HOW OFTEN THAT WOULD BE?
8 A. WELL, I THINK I ONLY MISSED IN THE TIME THAT SHE WAS
9 HOSPITALIZED ONE OR TWO DAYS IN THE WHOLE LENGTH OF TIME. I
10 TRIED TO GO EVERY DAY.
11 Q. OKAY. AND WOULD YOU GO AT A CERTAIN TIME OF DAY OR --
12 A. NO.
13 Q. WERE YOU EMPLOYED AT THAT TIME?
14 A. NO.
15 Q. DID YOU GO BY YOURSELF OR DID YOU HAVE OTHERS WHO
16 ACCOMPANIED YOU?
17 A. I WENT BY MYSELF.
18 Q. CAN YOU DESCRIBE FOR US, IF YOU WILL, PLEASE, OR
19 CHARACTERIZE FOR US THE -- ANY CHANGES THAT YOU MAY HAVE
20 OBSERVED IN YOUR MOTHER'S BEHAVIOR FROM THE 20TH OF DECEMBER
21 UP UNTIL THE TIME OF HER DEATH.
22 A. YES. WITHIN TWO OR THREE DAYS MY MOTHER BECAME
23 LETHARGIC, ACTUALLY MORE AGITATED, TIRED, MISBEHAVED MORE ON
24 THE UNIT AND WAS ANGRY WITH US.
25 Q. YOU SAID SEVERAL THINGS, YOU SAID LETHARGIC AND AGITATED.
1 WOULD THERE BE --
2 A. WELL, SHE BECAME VERY TIRED AND UPSET AND DIDN'T
3 UNDERSTAND WHAT WAS HAPPENING TO HER.
4 Q. OKAY. WAS SHE COHERENT AT THAT TIME?
5 A. YES. UNTIL THE FIRST WEEK OR TWO, YES.
6 Q. OKAY. YOU'VE DESCRIBED INITIALLY YOU SAID THE FIRST TWO
7 OR THREE DAYS, WHAT OTHER BEHAVIORAL CHANGES DID YOU SEE OR
8 OBSERVE AFTER THAT?
9 A. WELL, JUST THAT SHE BECAME -- WE HAD TAKEN HER IN IN A
10 RATHER GOOD PHYSICAL CONDITION, NOT IN A GOOD MENTAL
11 CONDITION BUT A GOOD PHYSICAL CONDITION AND HER MENTAL
12 HEALTH -- HER EMOTIONAL HEALTH WAS DETERIORATING.
13 Q. WHAT ABOUT HER PHYSICAL HEALTH, DID YOU SEE ANY CHANGES?
14 A. WELL, THAT'S WHAT I MEANT.
15 Q. OH. AND DID YOU SEE ANY DIFFERENCES IN TERMS OF HER
16 ABILITY TO WALK OR MOVE ABOUT?
17 A. YES. SHE WAS -- SHE WAS SOMEWHAT SEDATED AND SHE WAS
18 BECOMING MORE SEDATED THAT I NOTICED.
19 Q. DID YOU EVER HAVE ANY CONVERSATIONS WITH THE DEFENDANT
20 DURING THAT TIME PERIOD PROCEEDING THE -- LET'S SAY
21 PROCEEDING THE 6TH OF JANUARY?
22 A. YES.
23 Q. DO YOU RECALL WHEN THAT OCCURRED?
24 A. NO. I WAS INTERESTED IN WHAT MEDICATIONS SHE WAS ON AND
25 HAD ASKED THE NURSE AND THEY TOLD ME I HAD TO TALK WITH THE
1 DOCTOR ABOUT THAT. SO WHEN I SAW HIM THERE ONE DAY I ASKED
2 HIM WHAT MEDICATION SHE WAS ON.
3 Q. AND DID HE RESPOND TO YOU AT THAT TIME?
4 A. HE TOLD ME THAT SHE WAS WHERE SHE SHOULD BE AND WHERE SHE
5 SHOULD BE -- SHE WOULD BE TAKEN CARE OF AND NOT TO WORRY
6 ABOUT IT, AND NO, HE WOULD NOT GIVE ME THE NAME OF THE
7 MEDICATION.
8 Q. DID HER PHYSICAL AND MENTAL CONDITION CHANGE ANY FURTHER
9 FROM WHAT YOU'VE DESCRIBED?
10 A. YES. IT KEPT GETTING WORSE AND WORSE.
11 Q. CAN YOU TELL US, WHEN WAS THE LAST TIME YOU SEEN HER
12 PRIOR TO -- WELL, STRIKE THAT.
13 DID YOU HAVE OCCASION TO VISIT WITH HER ON THE 6TH, TWO
14 DAYS BEFORE HER DEATH?
15 A. I DON'T KNOW EXACTLY IF IT WAS THE 5TH OR THE 6TH.
16 Q. OKAY.
17 A. BUT I CAN REMEMBER THE LAST THREE WORDS SHE SAID TO ME
18 THAT WAS THE LAST TIME I WAS ABLE TO TALK WITH HER.
19 Q. OKAY. WHEN WAS THAT?
20 A. WELL I CAN'T REMEMBER THE DAY.
21 Q. OKAY. YOU SAY IT WAS THE 5TH OR THE 6TH?
22 A. 5TH OR 6TH.
23 Q. AND WHERE WAS IT AT?
24 A. SHE WAS IN THE DINING ROOM AND WOULDN'T LEAVE THE DINING
25 ROOM, THEY COULDN'T GET HER TO LEAVE. AND I WENT IN THERE
1 AND I SAID, HELLO, MOTHER, AND SHE JUST LOOKED UP AT ME AND
2 SAID WHY THREE TIMES.
3 Q. SHE SAID WHY?
4 A. WHY, WHY, WHY.
5 Q. DO YOU KNOW WHAT HAPPENED RIGHT AFTER THAT?
6 A. YES. WELL, THEN I HELPED HER DOWN WITH THE NURSE'S HELP
7 TO HER ROOM AND SHE NEVER SPOKE AGAIN.
8 Q. WAS ANYBODY WITH YOU ON THAT OCCASION WHEN YOU WENT DOWN
9 TO THE DINING ROOM?
10 A. NO. WELL, THEY HAD TOLD ME THAT SHE WOULDN'T LEAVE THE
11 DINING ROOM.
12 Q. SO YOU WENT DOWN TO GET HER?
13 A. I WENT TO GET HER AND TO SEE HER, YES.
14 Q. DID YOU -- DID YOU VISIT WITH HER ON OCCASIONS AFTER
15 THAT, AFTER THAT PARTICULAR INCIDENT?
16 A. I'M SURE I DID. SHE BECAME SOMEWHAT -- I DON'T KNOW IF
17 YOU USE THE WORD COMATOSE BUT SHE DIDN'T REACT.
18 Q. SO WHERE WOULD SHE BE WHEN YOU WOULD SEE HER ON THOSE
19 OTHER OCCASIONS AFTER THAT?
20 A. IN HER BED.
21 Q. WERE YOU THERE WHEN THE NURSES OR PHYSICIAN ATTENDED TO
22 HER?
23 A. THE PHYSICIAN NEVER ATTENDED TO HER. I NEVER SAW THE
24 NURSES ATTEND TO HER.
25 Q. OKAY.
1 A. UNTIL THE LAST DAY.
2 Q. WERE YOU PRESENT DURING A CONVERSATION WITH THE DEFENDANT
3 THAT OCCURRED ON JANUARY 6TH IN THE EVENING -- OR NO, EXCUSE
4 ME -- JANUARY 7TH IN THE EVENING HOURS?
5 A. YES.
6 Q. AND DO YOU KNOW WHERE THAT MEETING TOOK PLACE?
7 A. YES. IN MOTHER'S ROOM.
8 Q. AND DO YOU REMEMBER WHAT, IF ANYTHING, WAS SAID BY THE
9 DEFENDANT AT THAT MEETING?
10 A. THAT SHE WOULD -- HER CONDITION HAD DETERIORATED TO THE
11 POINT THAT SHE WOULD DIE WITHIN 24 TO 48 HOURS. AND I WAS
12 DISTURBED OVER THE FACT THAT HE WAS TALKING RIGHT ABOVE HER
13 HEAD BY HER BED.
14 Q. DID YOU DO ANYTHING ABOUT THAT OR DID YOU RESPOND TO HIM
15 ON THAT?
16 A. NO. AS I RECALL IT WASN'T THAT LONG OF A CONVERSATION.
17 Q. DO YOU RECALL ANY DISCUSSIONS CONCERNING COMFORT CARE
18 MEASURES?
19 A. NO, I DON'T RECALL THEM.
20 Q. YOU DO RECALL HIM SAYING THAT SHE WASN'T GOING TO LIVE
21 MORE THAN 24 TO 48 HOURS?
22 A. YES.
23 Q. DO YOU RECALL ANY DISCUSSIONS RELATIVE TO WHAT CONDITION
24 CREATING HER OR CAUSING HER DEATH?
25 A. NO.
1 Q. DID YOU SEE HER THE FOLLOW DAY?
2 A. YES.
3 Q. EXCUSE ME. THERE WAS ONE OTHER QUESTION I WANTED TO ASK
4 YOU AND I APOLOGIZE:
5 WERE THERE ANY DISCUSSIONS CONCERNING THE USE OF MORPHINE
6 ON THE PRIOR EVENING, ON THE 7TH?
7 A. NOT THAT I CAN REMEMBER.
8 Q. OKAY. DO YOU RECALL WHEN IT WAS THE NEXT DAY THAT YOU
9 CAME TO VISIT YOUR MOTHER?
10 A. APPROXIMATELY NOON.
11 Q. AND WAS THERE ANYBODY IN HER ROOM AT THE TIME THAT YOU
12 ARRIVED?
13 A. NOT AT THE TIME I ARRIVED. SOMEONE HAD JUST LEFT, BUT
14 NOBODY WAS IN THERE AT THE TIME.
15 Q. AND SO CAN YOU DESCRIBE FOR US WHAT CONDITION SHE WAS IN
16 AT THAT TIME?
17 A. I WAS RATHER SURPRISED AT THE -- HOW BAD SHE WAS. THAT
18 SHE LAID THERE AND WAS BREATHING VERY HEAVILY AND I WONDERED
19 WHY THEY DIDN'T COME IN AND SUCK OUT -- IT SOUNDED A LITTLE
20 BIT LIKE LIQUID, SHE COULDN'T BREATHE. AND THERE WAS
21 ABSOLUTELY NO MOVEMENT, NO LIFE, NO ANYTHING OTHER THAN THIS
22 HEAVY BREATHING.
23 Q. DID THE DEFENDANT COME INTO THE ROOM SHORTLY AFTER YOU
24 ARRIVED?
25 A. YES.
1 Q. DID YOU HAVE A CONVERSATION WITH HIM AT THAT TIME?
2 A. YES.
3 Q. AND CAN YOU TELL US WHAT THE DEFENDANT SAID TO YOU, IF
4 ANYTHING, AT THAT TIME?
5 A. HE TOLD ME HE WAS GOING TO GIVE HER SOME MORPHINE AND I
6 SAID -- I ASKED HIM WHY. AND HE SAID WELL FOR COMFORT --
7 BECAUSE TO MAKE HER MORE COMFORTABLE. AND I SAID, AS I
8 RECALL, THAT SHE WAS NOT MOVING, THERE WAS NO LIFE THAT WAS
9 OBVIOUS. I SAW NO REASON FOR GIVING HER ANY MORE MEDICATION.
10 Q. AND HOW HE DID RESPOND TO THAT?
11 A. HE RESPONDED, AGAIN, WITH, WELL, WE'LL JUST GIVE IT TO
12 HER SO SHE'LL BE MORE COMFORTABLE. AND WHEN I TRIED TO ARGUE
13 WITH HIM ABOUT GIVING HER ANY MORE MEDICINE HE SAID, WELL, HE
14 HAD TO GO TO HIS -- THE NEXT APPOINTMENT S WHICH WERE OVER AT
15 PIONEER HOSPITAL AND HE LEFT.
16 Q. SO DID YOU CONTINUE TO STAY WITH YOUR MOTHER THEN AFTER
17 THAT CONVERSATION?
18 A. YES.
19 Q. WHAT WAS THE NEXT THING YOU REMEMBER HAPPENING, IF
20 ANYTHING?
21 A. WELL, I HAD BEEN HOLDING HER HAND AND A NURSE CAME IN
22 AND -- WITH A SYRINGE. AND I SAYS, WHAT'S THAT? AND SHE
23 SAYS MORPHINE THAT HAD BEEN ORDERED BY THE DOCTOR. AND I
24 SAYS, WELL, I REFUSE TO HAVE YOU GIVE IT TO HER. BEFORE I
25 COULD GET AROUND THE BED TO STOP HER SHE HAD FLIPPED MOTHER
1 OVER AND GIVEN HER THE SHOT.
2 Q. DID YOU SAY ANYTHING FURTHER TO THE NURSE AT THAT POINT,
3 TO YOUR RECOLLECTION?
4 A. I DON'T RECOLLECT SAYING ANYTHING.
5 Q. WHAT IS THE NEXT THING OF ANY SIGNIFICANCE THAT YOU
6 REMEMBER HAPPENING?
7 A. I BELIEVE A NURSE WALKED IN JUST LOOKED AT MOTHER FROM
8 THE DOOR A FEW -- A COUPLE OF TIMES AND I HAD BEEN TRYING TO
9 TALK WITH MOTHER BECAUSE THEY SAY THEY CAN HEAR AND I PUT MY
10 HEAD DOWN AND I THOUGHT MAYBE I COULD THINK OF SOMETHING I
11 COULD SING TO HER BECAUSE SHE WAS A MUSICIAN AND I -- AND
12 THAT WAS ONLY FOR JUST A SECOND AND I LOOKED UP AND ALL LIFE
13 WAS GONE.
14 Q. DO YOU KNOW HOW LONG THAT WAS AFTER THE LAST SHOT WAS
15 ADMINISTERED TO YOUR MOTHER?
16 A. OH, NOT EXACTLY. PROBABLY 20 TO 30 MINUTES.
17 MR. WILSON: THANK YOU, I HAVE NO FURTHER QUESTIONS.
18 THE COURT: CROSS-EXAMINE.
19 CROSS-EXAMINATION
20 BY MS. ISAACSON:
21 Q. MS. WEIGHT, MY NAME IS TARA ISAACSON AND I'M ONE OF THE
22 ATTORNEYS THAT REPRESENTS DR. WEITZEL. SEE IF I CAN GET MY
23 MACHINE TO WORK HERE.
24 MS. WEIGHT, WHAT I'M ABLE TO DO IS PROJECT ONTO THE
25 SCREEN SOME DOCUMENTS RELATED TO YOUR MOTHER'S MEDICAL CARE
1 SO THAT THE JURY CAN SEE THE SAME THING THAT YOU AND I ARE
2 LOOKING AT.
3 IF I UNDERSTAND CORRECTLY, YOU ARE THE PERSON WHO SPOKE
4 WITH SOMEONE AT THE GEROPSYCHIATRIC UNIT OVER THE PHONE ABOUT
5 HAVING YOUR MOTHER COME AND STAY AT THE UNIT, IS THAT RIGHT?
6 A. YES.
7 Q. WHAT I'M GOING TO PUT ON THE SCREEN HERE IS STATE'S
8 EXHIBIT 5B, MED 699. MA'AM, WHAT THIS IS -- AND I'LL BLOW IT
9 UP FOR YOU IN A SECOND -- IS A PHONE INTAKE FORM THAT AN
10 EMPLOYEE OF THE GEROPSYCHIATRIC UNIT PREPARED WHEN HE HAD A
11 PHONE CONVERSATION WITH YOU IT LOOKS LIKE ON DECEMBER 19TH.
12 AND YOUR NAME IS UP THERE IN THE TOP LEFT-HAND CORNER, BONNIE
13 DELL, BONNIE SMITH'S DAUGHTER?
14 THE COURT: CAN YOU SEE THAT OKAY, MS. SMITH? IF
15 YOU NEED TO PULL THAT CHAIR OVER THERE, YOU'RE WELCOME TO.
16 THE WITNESS: JUST THAT FAR.
17 Q. (BY MS. ISAACSON) WELL, I'M GOING TO BLOW UP THE SECTION
18 THAT I THINK I'D LIKE TO TALK TO YOU ABOUT.
19 SO THE DAY BEFORE YOUR MOTHER COMES INTO THE
20 GEROPSYCHIATRIC UNIT, YOU'RE TALKING TO THE STAFF THERE AND
21 TELLING THEM WHAT THE CIRCUMSTANCES ARE AND WHY SHE NEEDS TO
22 COME THERE. AND SHE'S HAD A STROKE JUST FOUR WEEKS PRIOR, IS
23 THAT RIGHT?
24 A. (WITNESS NODS HEAD.)
25 Q. YOU'LL HAVE TO SPEAK OUT LOUD SO THE REPORTER CAN TAKE
1 THAT DOWN.
2 A. YES.
3 Q. AND THE LAST TWO WEEKS SHE'S BECOME SEVERELY AGITATIVE,
4 COMBATIVE, ASSAULTIVE, SPITTING, SCRATCHING AND IS VERY
5 DEPRESSED, DOES THAT SOUND RIGHT --
6 A. YES.
7 Q. AND SHE WAS GOING TO BE TRANSFERRED TO ROCKY MOUNTAIN
8 CARE FACILITY, BUT APPARENTLY SHE WAS TOO COMBATIVE AND IT
9 WAS TOO HIGH OF A RISK TO SEND HER THERE, ALSO A RISK OF HER
10 GOING AWOL OR RUNNING AWAY?
11 A. YES. THEY DIDN'T -- THEY WOULDN'T ACCEPT HER.
12 Q. SO SHE REALLY DIDN'T HAVE ANOTHER OPTION AT THIS POINT
13 BECAUSE HER BEHAVIOR WAS SO OUT OF CONTROL?
14 A. YES.
15 Q. LET ME GO BACK TO THE BIG SCREEN. I THINK I DIDN'T BLOW
16 THIS UP WELL -- WELL, ACTUALLY I'VE GOT THAT ON THE NEXT
17 SCREEN, SORRY.
18 NOW, IF I UNDERSTAND CORRECTLY, SHE -- CURRENT MEDICAL
19 PROBLEMS AT THE TIME THEY'RE REALLY TINY HERE AND YOU
20 PROBABLY CAN'T SEE THEM VERY AND NEITHER CAN THE JURY. I
21 MEANT TO BLOW THEM UP BUT DIDN'T. THERE'S SOME LITTLE
22 WRITING DOWN HERE, IT SAYS, CURRENT MEDICAL PROBLEMS AND IT
23 SAYS CHF FOR CONGESTIVE HEART FAILURE, HTN AND I THINK I
24 UNDERSTAND THAT'S HYPERTENSION AND THEN CVA, ACUTE AND
25 CURRENT, CVA MEANS CEREBROVASCULAR AND/OR STROKE.
1 WOULD YOU HAVE REPORTED THAT YOUR MOTHER HAD THOSE
2 CONDITIONS WHEN SHE WAS ADMITTED?
3 A. THE FIRST ONE I'M SURE OF. THE HYPERTENSION SHE HAD AND
4 SHE HAD THE STROKE, IF I CAN READ THAT RIGHT.
5 Q. SORRY FOR IT BEING SO SMALL.
6 NOW, YOU MENTIONED EARLIER ALTHOUGH YOUR MOTHER WAS 90
7 YEARS OLD, IT WAS NECESSARY FOR YOU TO TAKE TWO ADDITIONAL
8 PEOPLE WITH YOU BECAUSE SHE WAS SO DIFFICULT TO CONTROL?
9 A. YES. I WAS AFRAID THAT SHE WOULD OPEN THE DOORS OF THE
10 CAR BECAUSE SHE WAS FRIGHTENED ABOUT WHERE SHE WAS GOING AND
11 SO FORTH AND SHE WAS VERY STRONG, YES.
12 Q. SO THIS IS EXTREMELY DIFFICULT FOR YOU AND YOUR FAMILY TO
13 DEAL WITH?
14 A. YES.
15 Q. NOW, I ALSO UNDERSTAND THAT YOU PARTICIPATED IN WHAT'S
16 CALLED A NURSING ASSESSMENT, WHAT HAPPENS WHEN SOMEONE COMES
17 ONTO THE UNIT IS A NURSE WOULD SIT DOWN AND MEET WITH THE
18 PATIENT AND THE FAMILY AND GET SOME INFORMATION. SO AT THE
19 UNIT THERE'S A DOCUMENT CALLED A NURSING ASSESSMENT THAT WAS
20 PREPARED IF YOUR MOTHER. AND THIS IS 5P -- P5B PAGE 746.
21 AND THIS IS A NURSING ASSESSMENT THAT WAS PERFORMED,
22 AGAIN, WHEN YOUR MOTHER WAS ADMITTED. AND IT LOOKS LIKE BOTH
23 YOUR NAME AND YOUR BROTHER'S NAME, KENT, ARE INDICATED AS
24 BEING PEOPLE WHO ARE INTERVIEWED FOR THIS NURSING ASSESSMENT.
25 DO YOU RECALL SPEAKING WITH THE NURSE ON THE FIRST DAY?
1 A. NO.
2 Q. LET'S GO TO ANOTHER PAGE OF THE NURSING ASSESSMENT,
3 THERE'S YOUR NAME RIGHT THERE. GO TO A BLOW UP. THIS IS
4 PAGE 748 OF THE SAME NURSING ASSESSMENT P5B. IT LOOKS LIKE
5 IN ADDITION TO THE MEDICAL CONDITIONS THAT WERE LISTED
6 PREVIOUSLY IT INDICATES HERE THAT YOUR MOTHER HAD LOST MORE
7 THAN 30 POUNDS IN THE LAST YEAR.
8 A. SHE HAD HAD SURGERY. I DO NOT RECALL HER LOSING THAT
9 MUCH WEIGHT, NO. SHE WAS A RATHER SMALL PERSON ANYWAY.
10 Q. IF YOUR MOTHER HAD LOST 30 POUNDS IN THE YEAR PRIOR TO
11 HER ADMISSION, THAT WOULD BE PRETTY DRASTIC FOR A WOMAN OF
12 HER SIZE?
13 A. I WOULD THINK SO.
14 Q. NOW, IS IT TRUE THAT YOUR MOTHER WOULD ALSO DURING THIS
15 TIME PERIOD SOMETIMES REFUSE TO EAT AND DRINK?
16 A. I DO NOT KNOW.
17 Q. ON ANOTHER PAGE HERE THERE'S A QUESTION AND WE'RE GOING
18 TO PAGE 750. THE DOCUMENT -- THE NURSE IS ASKING YOU AND
19 YOUR BROTHER ABOUT FEEDING AND ISSUES ABOUT FEEDING YOUR
20 MOTHER. AND I'LL BLOW UP THIS SECTION --
21 THE COURT: WHAT PAGE IS THAT AGAIN, COUNSEL?
22 MS. ISAACSON: WE'RE ON P5B PAGE 750.
23 THE COURT: THANK YOU.
24 Q. (BY MS. ISAACSON) AND THE NOTE SAYS FAMILY STATED,
25 PLEASE DON'T FORCE. I GUESS THERE WERE TIMES WHERE SHE JUST
1 SIMPLY REFUSED TO EAT AND YOUR PREFERENCE AT LEAST WAS FOR
2 THEM TO NOT FORCE HER TO EAT?
3 A. I DON'T REMEMBER SAYING THAT, BUT I WOULD ASSUME THAT
4 YOU -- IF SHE WASN'T WILLING TO EAT.
5 Q. OF COURSE WITH A WOMAN WHO HAS ALREADY LOST 30 POUNDS
6 WHO'S A SMALL WOMAN ANYWAY, IF SHE DOESN'T EAT FOR AN
7 EXTENDED PERIOD OF TIME, THAT COULD BE LIFE THREATENING?
8 A. I DO NOT BELIEVE WHEN WE TOOK HER IN THAT SHE WAS HAVING
9 THAT MUCH -- THAT MANY PROBLEMS EATING.
10 Q. OKAY. NOW ON TO ANOTHER PAGE OF THIS SAME NURSING
11 ASSESSMENT, P5B PAGE 755. THERE'S A NOTE THAT THE NURSE HAS
12 WRITTEN HERE. AND LET ME JUST SEE, IT'S IN RESPONSE TO THE
13 RELATIONSHIP WITH THE FAMILY. THE NURSE HAS WRITTEN DOWN
14 FAMILY INDICATES, QUOTE, WE'RE GETTING TIRED OF ALL THIS BUT
15 WE TRY OUR BEST.
16 DOES THAT ACCURATELY REFLECT HOW ALL OF YOU WERE FEELING
17 AT THE TIME?
18 A. THAT CONFUSES ME A BIT. WE WERE DOING THE BEST WE COULD
19 FOR MOTHER, I DON'T KNOW WHY WE WOULD SAY -- THAT SOUNDS LIKE
20 THAT WE WERE TIRED OF HER PROBLEMS AND MAYBE DIDN'T WANT TO
21 CONTINUE WITH THEM.
22 Q. WELL, IT WAS A DIFFICULT TIME FOR EVERYONE?
23 A. YES.
24 Q. IT WAS A DIFFICULT -- IT WAS A TERRIBLE TIME FOR YOUR
25 MOTHER BEFORE SHE EVER CAME TO THE GEROPSYCHIATRIC UNIT?
1 A. YES.
2 Q. AND IT WAS A TERRIBLE TIME FOR ALL YOU KIDS TO SEE HER IN
3 THIS TERRIBLE STATE?
4 A. YES.
5 Q. AND WITHIN THREE OR FOUR DAYS OF ADMISSION YOU TOLD
6 MR. WILSON SHE BECAME MORE LETHARGIC BUT YET SHE WAS STILL
7 VERY AGITATED?
8 A. YES.
9 Q. AND STILL TRYING OR WANTING TO GET OUT OF THE UNIT?
10 A. YES.
11 Q. AND, IN FACT, YOU SPOKE TO SOME OF THE STAFF ON THE UNIT
12 AND SAID WITHIN THREE OR FOUR DAYS, WE'RE STILL WORRIED,
13 YOU'RE NOT GETTING THE AGITATION UNDER CONTROL?
14 A. YES.
15 Q. I'M GOING TO GO NOW TO P5B MED 715.
16 IN FACT, A SOCIAL WORKER MAKES A NOTE ON DECEMBER 28TH,
17 THE SOCIAL WORKER WRITES, SHE SPOKE WITH PATIENT'S SON AND
18 DAUGHTER, I ASSUME THAT WOULD PROBABLY BE YOU AND KENT --
19 WELL MAYBE -- THE DAUGHTER WHO IS FROM ARIZONA, IS THAT A
20 DIFFERENT SISTER?
21 A. YES.
22 Q. THE FAMILY VERBALIZED CONCERN REGARDING DISCHARGE PLANS,
23 MEANING WHERE SHE'S GOING TO GO AFTER THIS, AND EMPHASIZED
24 THE IMPORTANCE OF DECREASING THE PATIENT'S AGGRESSIVE
25 BEHAVIOR IF SHE IS TO BE ADMITTED TO ROCKY MOUNTAIN?
1 A. YES.
2 Q. THE CONCERN HERE WAS AFTER THREE OR FOUR DAYS, EVEN
3 THOUGH SHE WAS GETTING MEDICATIONS, EVEN THOUGH THE STAFF WAS
4 TRYING TO GET HER CALMED DOWN, THEY STILL WITHIN THREE OR
5 FOUR DAYS WERE NOT ABLE TO GET HER CALM, SHE WAS STILL VERY
6 AGITATED, AND THE FAMILY WAS CONCERNED ABOUT THAT?
7 A. YES, YES.
8 Q. AND THE FAMILY WANTED THAT AGITATION TREATED?
9 A. YES.
10 Q. NOW, OF COURSE, YOU DID NOT WANT YOUR MOTHER TO SUFFER?
11 A. NO.
12 Q. AND YOUR MOTHER WAS 90 YEARS OLD?
13 A. YES.
14 Q. SHE HAD HAD A STROKE IN NOVEMBER?
15 A. YES.
16 Q. IN NOVEMBER SHE HAD SEEN A DR. JOSEPH JENSEN, DO YOU HAVE
17 ANY RECOLLECTION OF HER SEE THAT PHYSICIAN?
18 A. NO.
19 Q. ON NOVEMBER 18TH?
20 A. NO.
21 Q. I'D LIKE TO SHOW YOU HIS RECORD. AND THIS IS P5A,
22 STATE'S 5A, NURSING HOME RECORD 1878. THIS IS JUST A MONTH
23 PRIOR TO THE ENTRY INTO THE GEROPSYCHIATRIC UNIT AND HE --
24 DR. JENSEN INDICATES WHAT HIS IMPRESSIONS ARE OF YOUR
25 MOTHER'S PHYSICAL CONDITION, AGAIN, NOVEMBER, A MONTH BEFORE
1 SHE COMES ONTO THE GEROPSYCHIATRIC UNIT. APHASIA WHICH MEANS
2 SHE'S UNABLE TO EXPRESS HERSELF, COMMUNICATE --
3 MR. WILSON: YOUR HONOR, I THINK I'M GOING TO OBJECT
4 TO THE CHARACTERIZATION OF THE QUESTION BECAUSE SHE'S
5 INTERPRETING WHAT APHASIA MEANS. I THINK DR. JENSEN IS
6 SCHEDULED TO TESTIFY. I THINK HE CAN TESTIFY TO THAT.
7 THE COURT: OVERRULE THE OBJECTION. GO AHEAD.
8 Q. (BY MS. ISAACSON) THERE'S ALSO -- AT THIS POINT SHE'S
9 GOT A FEVER AND THE DOCTOR INDICATES THAT HE THINKS IT'S THE
10 RESULT OF CEREBROVASCULAR ISCHEMIA, AGAIN, A STROKE LIKE
11 EVENT AND OF COURSE SHE JUST HAD A STROKE. AND HE INDICATES
12 SHE'S GOT DEMENTIA AND DEPRESSION. ALSO AT THIS TIME ORGANIC
13 HEART DISEASE WITH CHRONIC CONGESTIVE HEART FAILURE. THEN HE
14 ALSO MENTIONS SOME THINGS THAT HAVE HAPPENED IN THE PAST, AN
15 APPENDECTOMY, COL -- I DON'T THINK I CAN SAY IT?
16 A. GALLBLADDER.
17 Q. AS WELL AS A AORTIC VALVE REPLACEMENT.
18 A. YES.
19 Q. SO A MONTH PRIOR TO HER ADMISSION, THERE IS A LONG LIST
20 OF MEDICAL PROBLEMS THAT AT LEAST DR. JENSEN NOTES AND
21 INDICATES IN REPORT, IS THAT RIGHT?
22 A. WELL, SOMEBODY OF ANY AGE OVER 65, THAT'S NOT A LONG
23 LIST, BUT YES.
24 Q. WE'VE TALKED ABOUT THE FACT THAT AT LEAST IT'S NOTED THAT
25 SHE HAD LOST 30 POUNDS IN ONE YEAR?
1 A. I SAID THAT I CANNOT TELL YOU THAT.
2 Q. AND UNDER THESE CIRCUMSTANCES, YOUR MOTHER IS ADMITTED TO
3 THE GEROPSYCHIATRIC UNIT AND ULTIMATELY AFTER SOME TIME THERE
4 ON JANUARY 8TH, DR. WEITZEL TELLS YOU THAT YOUR MOTHER
5 CONDITION WAS DETERIORATING AND THAT SHE WAS DYING?
6 A. YES.
7 Q. AND KENT, YOUR BROTHER, ON JANUARY 7TH HAD SIGNED A
8 DOCUMENT DIRECTING THAT YOUR MOTHER BE GIVEN NO MORE MEDICAL
9 TREATMENT?
10 A. THAT'S RIGHT. WE GAVE -- I ASSUME BECAUSE SHE WAS IN
11 SUCH BAD SHAPE, IT WAS OBVIOUS THAT WE DID NOT WANT HER KEPT
12 IN THAT CONDITION.
13 Q. WELL, LET'S GO TO STATE'S 4B MED 811. LET'S GO TO THE
14 MEDICAL TREATMENT PLAN THAT YOUR BROTHER SIGNED. AND YOU
15 INDICATED ON DIRECT EXAMINATION THAT ON THE LAST DAY OF YOUR
16 MOTHER'S LIFE YOU WERE CONCERNED ABOUT YOUR MOTHER'S
17 BREATHING AND THAT SORT OF THING AND YOU WERE WONDERING WHY
18 THEY WEREN'T DOING ANYTHING ABOUT THAT?
19 A. YES.
20 Q. WELL, YOUR BROTHER HAD INDICATED THE DAY BEFORE THAT HE
21 DIDN'T WANT SUCTION, HE DIDN'T WANT ANY OF THOSE THINGS DONE
22 ON HIS MOTHER'S BEHALF. SO THE NURSING STAFF ON THE LAST DAY
23 OF HER LIFE WERE COMPLYING WITH THE REQUESTS THAT THE FAMILY
24 HAD MADE, IS THAT RIGHT?
25 A. I DON'T KNOW.
1 Q. IS THAT THE REQUEST THAT YOUR BROTHER HAD MADE ON JANUARY
2 7TH?
3 A. I DON'T KNOW.
4 Q. YOU WERE NOT PART OF FILLING OUT THIS DOCUMENT, THAT WAS
5 SOMETHING THAT YOUR BROTHER DID?
6 A. APPARENTLY.
7 Q. AND OBVIOUSLY AT THIS POINT YOUR MOTHER WAS NO LONGER
8 EATING ON THE LAST TWO DAYS OF HER LIFE?
9 A. NO. SHE WAS BASICALLY GONE.
10 Q. AND YOUR BROTHER HAD DECIDED NOT TO PROLONG HER LIFE
11 ARTIFICIALLY?
12 A. APPARENTLY.
13 Q. NOTHING ELSE WAS GOING TO BE DONE FOR HER?
14 A. NO.
15 Q. AND IF SHE WASN'T FED AND IF SHE WASN'T GIVEN WATER, SHE
16 WOULD -- SHE WOULD PASS AWAY?
17 A. YES.
18 Q. YOU THOUGHT THAT THERE WAS NO NEED FOR MORPHINE?
19 A. NO. SHE WAS NOT IN PAIN.
20 Q. BUT THE DOCTOR KNEW BETTER THAN YOU HOW TO KEEP YOUR
21 MOTHER COMFORTABLE AND HOW TO KEEP HER OUT OF PAIN?
22 A. BUT SHE WAS IN NO PAIN.
23 Q. BECAUSE SHE WAS GETTING MORPHINE. YOU DID NOT WANT YOUR
24 MOTHER TO SUFFER?
25 A. NO.
1 MS. ISAACSON: I HAVE NOTHING FURTHER.
2 THE COURT: RECROSS, MR. WILSON? OR REDIRECT,
3 EXCUSE ME.
4 MR. WILSON: JUST A COUPLE, YOUR HONOR.
5 REDIRECT EXAMINATION
6 BY MR. WILSON:
7 Q. BONNIE, DURING THE TIME PERIOD THAT YOUR MOTHER WAS
8 HAVING THESE PROBLEMS, EXTENDING FROM THE TIME THAT SHE WAS
9 ADMITTED TO THE GEROPSYCH UNIT UP UNTIL THE TIME OF HER DEATH
10 AT LEAST WHEN YOU COULD CONVERSE WITH HER, DID SHE EVER
11 EXPRESS TO YOU THAT SHE WAS HAVING ANY PAIN?
12 A. NEVER.
13 Q. HAD YOU KNOWN OVER THE TIME PERIOD SINCE SHE'D HAD THE
14 GALLBLADDER SURGERY HAD SHE EVER EXPRESSED TO YOU THAT SHE
15 WAS EVER HAVING ANY PAIN?
16 A. NEVER.
17 Q. I WANT TO SHOW YOU WHAT HAS BEEN PREVIOUSLY REFERENCED
18 AS -- EXCUSE ME -- PREVIOUSLY REFERENCED AS -- IT'S
19 PLAINTIFF'S EXHIBIT 5B AND IT'S PAGE 746. THIS WAS A
20 DOCUMENT THAT WAS JUST PUT UP ON THE SCREEN A FEW MINUTES
21 AGO. TAKE A LOOK AT THAT EXHIBIT, IF YOU WOULD, PLEASE?
22 THE COURT: MR. WILSON, WOULD YOU GO TURN THAT LIGHT
23 ON IN THE OVER THERE, PLEASE?
24 MR. WILSON: BE HAPPY TO.
25 Q. (BY MR. WILSON) CAN YOU TELL US, WHAT -- HOW TALL WAS
1 YOUR MOTHER?
2 A. I BELIEVE SHE WAS FIVE -- FIVE AND A HALF OR FIVE-ONE.
3 Q. 5 FEET 1?
4 A. UH-HUH.
5 Q. LOOKING AT THE DOCUMENT THAT YOU HAVE THERE, DOES IT GIVE
6 A HEIGHT?
7 A. WELL, I CAN'T READ IT BUT IT LOOKS LIKE AN S9.
8 Q. LOOKS LIKE WHAT?
9 A. S9.
10 Q. OKAY.
11 A. OR 59 INCHES.
12 Q. 59 INCHES. THAT WOULD BE 4 FEET 11 INCHES, WOULD IT NOT?
13 I THINK YOU PREVIOUSLY TESTIFIED YOUR MOTHER WAS A SMALL
14 WOMAN.
15 A. YES.
16 Q. IS THERE ALSO A SECTION THERE FOR WEIGHT?
17 A. YES.
18 Q. WHAT DOES THE WEIGHT SAY?
19 A. 116.
20 Q. THIS WAS ON THE DATE OF HER ADMISSION AT THE GEROPSYCH
21 UNIT, IS THAT CORRECT?
22 A. YES.
23 Q. NOW, YOU'VE PREVIOUSLY TESTIFIED THAT YOUR MOTHER WAS A
24 SMALL WOMAN?
25 A. YES.
1 Q. WOULD YOU -- DO YOU KNOW WHETHER OR NOT -- WELL, STRIKE
2 THAT.
3 I THINK YOU'VE ALREADY TESTIFIED THERE WAS NO WEIGHT GAIN
4 OR WEIGHT LOSS THAT YOU REMEMBER, IS THAT CORRECT?
5 A. NOT THAT I REMEMBER. THAT WAS NOT SOMETHING THAT WAS
6 NOTICEABLE, NO.
7 Q. DID SHE CHANGE SIGNIFICANTLY IN APPEARANCE FROM THE DATE
8 OF THE GALLBLADDER SURGERY UP UNTIL THE TIME THAT SHE WAS
9 ADMITTED INTO THE GEROPSYCH UNIT?
10 A. NOW COULD YOU REPEAT THAT?
11 Q. DID HER APPEARANCE CHANGE SIGNIFICANTLY FROM THE TIME
12 THAT SHE HAD HER GALLBLADDER SURGERY UP UNTIL THE TIME SHE
13 WAS ADMITTED TO THE GEROPSYCH UNIT?
14 A. NOT NOTICEABLY.
15 Q. OKAY.
16 MR. WILSON: THANK YOU. I HAVE NO FURTHER
17 QUESTIONS.
18 THE COURT: REDIRECT.
19 MS. ISAACSON: NOTHING FURTHER, YOUR HONOR.
20 THE COURT: YOU MAY STEP DOWN, MS. SMITH, AND THANK
21 YOU FOR TESTIFYING. MAY THIS WITNESS BE EXCUSED -- BAILIFF
22 WILL YOU COME AND HELP HER DOWN? MAY THIS WITNESS BE
23 EXCUSED?
24 MR. WILSON: SHE MAY, YOUR HONOR.
25 THE COURT: MS. ISAACSON.
1 MS. ISAACSON: YES.
2 THE COURT: YOU MAY BE EXCUSED, MS. SMITH. AND
3 THANK YOU FOR TESTIFYING.