Diane Mariah
19 MS. BARLOW: YOUR HONOR, WE WOULD CALL DIANE MARIAH.
20 THE COURT: DIANE MARIAH. MS. MARIAH, WOULD YOU
21 RAISE YOUR RIGHT HAND, PLEASE, AND FACE THE CLERK.
22 DIANE MARIAH,
23 BEING FIRST DULY SWORN, WAS EXAMINED AND
24 TESTIFIED AS FOLLOWS:
25 THE COURT: IF YOU'D HAVE A SEAT UP HERE, PLEASE.
1 AND IF YOU'D STATE YOUR NAME AND SPELL YOUR LAST NAME,
2 PLEASE.
3 THE WITNESS: MY NAME IS DIANE MARIAH, M-A-R-I-A-H.
4 DIRECT EXAMINATION
5 BY MS. BARLOW:
6 Q. WHERE DO YOU LIVE, MS. MARIAH?
7 A. BODEGA BAY, CALIFORNIA.
8 Q. AND HOW LONG HAVE YOU LIVED THERE?
9 A. ABOUT 18 YEARS.
10 Q. DID YOU AT ANY POINT LIVE IN UTAH?
11 A. YES, I DID.
12 Q. ARE -- ARE YOU FAMILIAR WITH ELLEN ANDERSON?
13 A. SHE'S MY MOTHER.
14 MS. BARLOW: MAY I APPROACH THE WITNESS, YOUR HONOR?
15 THE COURT: YOU MAY.
16 Q. (BY MS. BARLOW) I SHOW YOU WHAT'S BEEN MARKED STATE'S
17 EXHIBIT 2. DO YOU RECOGNIZE THIS?
18 A. YES.
19 Q. WHAT IS THAT?
20 A. THAT'S A PICTURE OF ELLEN ANDERSON.
21 Q. YOUR MOTHER?
22 A. UH-HUH.
23 Q. DO YOU RECALL WHEN THIS PHOTOGRAPH WAS TAKEN?
24 A. I THINK AT HER 80TH BIRTHDAY.
25 Q. AND SHE WAS HOW OLD WHEN SHE DIED?
1 A. NINETY-ONE.
2 Q. SO ABOUT 11 YEARS BEFORE?
3 A. YES.
4 Q. THANK YOU.
5 MS. BARLOW: I'D MOVE FOR ADMISSION OF STATE'S
6 EXHIBIT 2.
7 MS. ISAACSON: NO OBJECTION.
8 THE COURT: TWO IS RECEIVED.
9 Q. (BY MS. BARLOW) LIVING IN CALIFORNIA, DID YOU HAVE
10 OCCASION TO SEE YOUR MOTHER IN THE LAST FEW YEARS OF HER
11 LIFE?
12 A. YES. I WOULD -- I WOULD FLY OUT TO UTAH ONCE OR TWICE A
13 YEAR, AND SHE WAS ALSO COMING BACK TO CALIFORNIA. WE WOULD
14 FLY HER OUT AND I WOULD TAKE TIME WITH HER OUT THERE.
15 Q. OKAY. DO YOU HAVE ANY OTHER SIBLINGS?
16 A. JUST MY SISTER BARBARA.
17 Q. OKAY. AND WHERE DOES YOUR SISTER BARBARA LIVE?
18 A. BRIGHAM CITY.
19 Q. WHERE WAS YOUR MOTHER LIVING UP TO OH, LET'S SAY -- LET
20 ME SEE IF I CAN GET A DATE AND TIME HERE. WELL, PRIOR TO
21 1995, WHERE WAS YOUR MOTHER LIVING?
22 A. SHE WAS LIVING IN HER OWN HOME IN SALT LAKE AND THEN SHE
23 MOVED IN WITH MY SISTER.
24 Q. DO YOU RECALL WHEN SHE MOVED IN WITH YOUR SISTER? WHAT
25 YEAR?
1 A. NO, NOT RIGHT NOW I DON'T.
2 Q. OKAY. DO YOU KNOW WHY SHE MOVED IN WITH YOUR SISTER?
3 A. SHE FELT THAT -- SHE DID NOT FEEL SECURE LIVING ALONE AND
4 I -- I THINK THAT POSSIBLY SOMETHING HAD HAPPENED MAYBE WITH
5 A CAR OR SOMETHING LIKE THAT AND OTHER THINGS SO THAT SHE --
6 WHEN I CAME TO VISIT HER THAT TIME, SHE TOLD ME THAT SHE
7 COULDN'T LIVE ALONE ANYMORE. AND I AND MY FAMILY MOVED HER
8 IN WITH MY SISTER.
9 Q. OKAY. WAS YOUR FATHER DECEASED AT THAT TIME?
10 A. YES.
11 Q. OKAY. WHAT WAS YOUR MOTHER'S GENERAL PHYSICAL HEALTH
12 WHEN SHE MOVED IN WITH YOUR SISTER?
13 A. HER GENERAL HEALTH WAS -- WAS GOOD.
14 Q. OKAY.
15 A. SHE WAS STILL EATING WELL. SHE HAD AN APPETITE. SHE WAS
16 MOVING AROUND THE HOUSE. SHE WAS -- LET'S SEE. SHE COULD --
17 SHE COULD TAKE WALKS, SHE COULD HAVE CONVERSATIONS, SHE COULD
18 DO A LITTLE HANDWORK, SHE COULD WATCH TV.
19 THE COURT: MS. BARLOW, IS THIS A TIME THAT'S
20 RELEVANT TO THE TIME WE'RE TALKING ABOUT HERE?
21 MS. BARLOW: IT'S JUST PRIOR TO HER HAVING THE
22 PROBLEMS THAT BROUGHT HER TO THE GEROPSYCH UNIT. I WAS JUST
23 TRYING TO ESTABLISH HER GENERAL PHYSICAL HEALTH, YOUR HONOR.
24 THE COURT: ALL RIGHT. THANK YOU.
25 Q. (BY MS. BARLOW) DID SHE HAVE ANY PHYSICAL FRAILTIES OR
1 PROBLEMS JUST PRIOR TO 1995?
2 A. MY MOTHER HAD HAD OSTEOPOROSIS FOR MANY YEARS.
3 Q. UH-HUH.
4 A. SHE HAD ARTHRITIS IN HER HANDS. AND HAD THE -- HAD IT IN
5 HER BACK AND HAD A HUMP AND SO ON, AND THAT WAS -- YOU KNOW,
6 THAT WAS UNCOMFORTABLE.
7 Q. UH-HUH.
8 A. BUT SHE WASN'T IN EXTREME PAIN WITH IT.
9 Q. OKAY. DID SHE TAKE ANY MEDICATION FOR THE PAIN?
10 A. I THINK SHE TOOK TYLENOL OR SOMETHING LIKE THAT.
11 Q. OKAY. DID THERE COME A POINT WHERE SHE NEEDED TO BE
12 HOSPITALIZED?
13 A. SHE -- WHEN --
14 Q. IN 1995, I'LL -- I'LL NARROW IT DOWN.
15 A. OKAY. SHE -- WHEN SHE WAS STAYING WITH MY SISTER SHE
16 BROKE HER HIP AND SHE WAS HOSPITALIZED AT THAT POINT.
17 Q. DID YOU COME TO UTAH WHEN SHE WAS HOSPITALIZED?
18 A. I WAS NOT THERE WHEN SHE WAS IN THE -- IN THE HOSPITAL.
19 SHE HAD -- SHE WAS SUPPOSED TO GO INTO REHABILITATIVE CARE
20 AFTER THE OPERATION, BUT SHE WAS VERY UNHAPPY THERE, SEEMED
21 TO BE DOING VERY WELL AS FAR AS HER HIP AND BEING ABLE TO
22 WALK.
23 Q. OKAY.
24 A. AND BECAUSE OF HER UNHAPPINESS, MY SISTER BROUGHT HER
25 BACK TO THE HOUSE. AND THAT'S WHEN I CAME OUT AND SAW HER
1 THEN. AND AT THAT POINT SHE WAS STARTING TO -- HER AGITATION
2 LEVEL HAD STARTED TO GO UP, ESPECIALLY AT NIGHT.
3 Q. DID YOU SEE A DIFFERENCE THEN BEFORE THE HIP FRACTURE
4 FROM AFTER THE HIP FRACTURE?
5 A. WELL, IT HAD BEEN HAPPENING GRADUALLY OVER A PERIOD OF
6 TIME THAT SHE WAS BECOMING MORE NERVOUS AND ANXIOUS AND
7 NEEDING TO BE IN THE COMPANY OF OTHER PEOPLE.
8 Q. OKAY.
9 A. AFTER THE HIP FRACTURE, SHE WAS -- THERE WAS A NOTICEABLE
10 CHANGE AND SHE WAS VERY AGITATED. AND AT NIGHT SHE KEPT
11 WAKING UP ALL NIGHT, BEING VERY UPSET.
12 Q. HOW DID SHE EXPRESS HER AGITATION? DID SHE KICK, DID SHE
13 BITE, DID SHE --
14 A. NO.
15 Q. -- WHAT DID SHE DO?
16 A. SHE -- IT WAS VERBAL AND SHE WOULD -- SHE WOULD CRY OUT
17 FOR SOMEONE TO BE THERE AND SHE WOULD SAY, I DON'T KNOW WHAT
18 I'M SUPPOSED TO DO. I DON'T KNOW WHAT I'M SUPPOSED TO DO.
19 AND THEN SHE COULD BE BROUGHT BACK DOWN BY BEING HELD
20 PHYSICALLY AND TALKING TO HER, SINGING TO HER, THINGS LIKE
21 THIS TO PUT HER BACK.
22 Q. SO YOU COULD CALM HER?
23 A. YOU COULD CALM HER, BUT IT WAS A SITUATION THAT WHEN I
24 WAS THERE AFTER THAT, MY SISTER AND I MADE THE DECISION THAT
25 SHE NEEDED TO GO BACK INTO THE NURSING HOME BECAUSE NO ONE
1 COULD SLEEP AT NIGHT. I MEAN, IT WENT ON ALL NIGHT. SHE
2 DIDN'T SLEEP VERY LONG. SHE'D WAKE UP IN THIS CONDITION.
3 Q. WAS SHE -- WHAT WAS HER EATING LIKE AT THAT POINT?
4 A. SHE HAD A SMALL APPETITE AT THAT POINT I THINK. SHE WAS
5 EATING, BUT IT WAS SMALL I THINK.
6 Q. DID SHE LOSE ANY WEIGHT, THAT YOU'RE AWARE OF?
7 A. WELL, SHE WAS GETTING SMALL.
8 Q. WAS SHE A TALL PERSON?
9 A. NO. NO. SHE WAS -- SHE PROBABLY WAS 5'2" AT HER -- AT
10 HER ADULT HEIGHT AND SHE WAS WAY DOWN BECAUSE OF THE STOOPING
11 OVER. SO SHE WAS PROBABLY ABOUT HERE ON ME AND I'M 5'3".
12 Q. OKAY. DID -- DID SHE DEVELOP ANY OTHER FRACTURES OTHER
13 THAN THE HIP FRACTURE THAT YOU'RE AWARE OF DURING THIS TIME
14 PERIOD FROM SAY JUNE TO DECEMBER OF 1995?
15 A. NOT FRACTURES THAT I'M AWARE OF, NO.
16 Q. DID SHE GO BACK INTO A LONG-TERM CARE FACILITY?
17 A. YES.
18 Q. WHICH FACILITY WAS THAT?
19 A. PIONEER.
20 Q. AND WHERE IS THAT? WHAT CITY?
21 A. IT'S IN BRIGHAM CITY.
22 Q. DID YOU HAVE OCCASION TO VISIT HER AT THE PIONEER CARE
23 CENTER?
24 A. AFTER I HAD COME OUT AND WE'D MADE THE DECISION TO PUT
25 HER INTO THE NURSING HOME, I FLEW BACK TO CALIFORNIA. I WAS
1 TEACHING AND I GOT A LEAVE OF ABSENCE. AND I MOVED TO
2 BRIGHAM CITY, GOT AN APARTMENT THERE, AND MY SISTER AND I
3 TOOK TERMS -- TURNS FROM EARLY MORNING UNTIL HER BEDTIME AT
4 NIGHT BEING WITH HER. HER GRANDDAUGHTER, REBECCA, ALSO TOOK
5 SHIFTS BEING WITH HER SO SHE WAS -- DURING THE DAYTIME HOURS
6 SHE WAS ALONE NOT VERY MUCH BECAUSE IF SHE WAS ALONE, SHE
7 BECAME HIGHLY AGITATED.
8 Q. WERE YOU ABLE TO CALM THE AGITATION BY YOUR PRESENCE
9 THEN? YOURS AND YOUR SISTER'S AND YOUR -- I GUESS IT WAS
10 YOUR NIECE, HER GRANDDAUGHTER?
11 A. YES. YES, IT WAS -- IT WAS MUCH BETTER WHEN WE WERE
12 THERE, BUT IT STARTED TO GET WORSE AND WORSE OVER THE TIME,
13 SO THAT RIGHT AT THE END SHE -- SHE JUST COULDN'T BE
14 CONSOLED. SHE -- YOU COULD -- YOU COULD TALK TO MY MOTHER
15 AND SHE WAS TOTALLY AWARE IN THE MOMENT.
16 Q. UH-HUH.
17 A. YOU KNOW, YOU COULD HAVE A CONVERSATION WITH HER, BUT THE
18 MINUTE YOU WEREN'T TALKING SHE WAS -- SHE DIDN'T KNOW WHAT --
19 SHE DIDN'T -- IT WAS LIKE SHE DIDN'T KNOW WHAT TO DO OR WHERE
20 SHE WAS OR --
21 Q. OKAY.
22 A. -- YOU KNOW, WHAT THE CIRCUMSTANCES WAS. THAT WAS THE
23 WAY IT WAS TOWARD THE END.
24 Q. OKAY. WHEN YOU CONVERSED WITH HER, WERE HER RESPONSES
25 APPROPRIATE?
1 A. YES.
2 Q. WHAT ABOUT HER PHYSICAL HEALTH AT THAT POINT? WAS SHE
3 STILL WALKING OR WAS HER --
4 A. YES.
5 Q. OKAY. DID SHE NEED ASSISTANCE TO WALK?
6 A. WELL, SHE HAD HAD A FALL AND SHE -- AT THE NURSING HOME
7 WHEN I WAS WITH HER.
8 Q. UH-HUH.
9 A. AND I DON'T REMEMBER HOW MANY MONTHS PRIOR TO HER GOING
10 INTO DAVIS HOSPITAL, BUT SHE WAS IN THE WHEELCHAIR THEN FOR A
11 WHILE AND THEN SHE WAS BACK UP WALKING WITH A WALKER. BUT
12 SHE WAS AGAIN, BECOMING MORE AND MORE FRAIL.
13 Q. OKAY. YOU INDICATE THAT THERE WAS A TIME WHEN SHE -- SHE
14 FELL WHEN YOU WERE WITH HER --
15 A. UH-HUH.
16 Q. -- AT THE NURSING HOME. IF THE RECORDS INDICATE THAT
17 THAT WAS NOVEMBER 18TH, DOES THAT SOUND ABOUT RIGHT AS FAR AS
18 YOUR MEMORY?
19 A. IT COULD HAVE BEEN.
20 Q. OKAY.
21 THE COURT: WHAT YEAR WOULD THAT BE?
22 MS. BARLOW: 19 --
23 Q. (BY MS. BARLOW) EXCUSE ME. WHAT YEAR WAS THAT? WAS
24 THAT 1995?
25 A. UH-HUH.
1 Q. OKAY. THANK YOU.
2 CAN YOU BRIEFLY EXPLAIN HOW THIS FALL OCCURRED, IF YOU
3 CAN RECALL?
4 A. WE WERE WALKING OUT OF THE DINING ROOM AND SHE WAS USING
5 A WALKER THAT DAY.
6 Q. UH-HUH.
7 A. AND IT KIND OF STUCK ON THE CARPET OR SOMETHING.
8 Q. UH-HUH.
9 A. AND SHE WENT OVER TO THE SIDE.
10 Q. WHICH SIDE DID SHE GO OVER TO?
11 A. SHE WENT --
12 Q. TO THE RIGHT?
13 A. TO THE RIGHT.
14 Q. TO THE RIGHT SIDE?
15 A. UH-HUH.
16 Q. OKAY. THANK YOU.
17 DID SHE COMPLAIN OF ANY PAIN AFTER FALLING AT THAT POINT
18 ON THAT DAY?
19 A. YES, SHE SAID SHE WAS -- SHE WAS SORE AND I THINK SHE
20 COMPLAINED ABOUT HER RIBS FOR A DAY OR SO. AND THEN I TOOK
21 HER OVER TO THE HOSPITAL TO GET X-RAYED.
22 Q. DID YOU EVER -- WERE YOU EVER TOLD WHAT THE RESULTS OF
23 THE X-RAY WERE?
24 A. NO. I -- WELL, I WAS TOLD THAT THERE WERE NO FRACTURES
25 AND THAT NOTHING WAS BROKEN, AND THAT WAS ALL THAT I WAS
1 TOLD.
2 Q. WAS SHE GIVEN ANY PAIN MEDICATION, TO YOUR KNOWLEDGE, FOR
3 THE FALL AND THE -- AND THE PAIN THAT SHE WAS FEELING?
4 A. NOT TO MY KNOWLEDGE, OR I DON'T REMEMBER.
5 Q. OKAY.
6 A. IT WASN'T -- I DON'T THINK SHE WAS THOUGH. IT CLEARED
7 UP -- THE PAIN CLEARED UP AND SHE STOPPED COMPLAINING ABOUT
8 IT AFTER ABOUT A WEEK OR TWO, YOU KNOW, LIKE YOU WOULD IF YOU
9 INJURED YOURSELF FALLING. IT WOULD HURT FOR A WHILE.
10 Q. OKAY. FROM SAY THE 18TH OF NOVEMBER UNTIL THE 28TH OF
11 DECEMBER, DID YOU SEE ANY INDICATIONS OF HER HAVING PROBLEMS
12 BREATHING?
13 A. NO, NOT REALLY. SHE WOULD COUGH SOMETIMES, BUT I NEVER
14 SAW HER HAVING DIFFICULTY BREATHING.
15 Q. OKAY. DID ANYONE EVER SAY ANYTHING ABOUT HER HAVING
16 PNEUMONIA DURING THAT TIME PERIOD?
17 A. NO.
18 Q. OKAY. WHAT WAS HER STATUS THEN FROM THE 18TH OF NOVEMBER
19 UNTIL THE 28TH OF DECEMBER? WHAT WAS HER PHYSICAL HEALTH
20 FIRST LIKE? DID IT CHANGE AT ALL?
21 A. NO. HER -- HER PHYSICAL HEALTH DIDN'T SEEM TO CHANGE.
22 WHAT CHANGED WAS HER -- HER MENTAL CONDITION. AND IT WAS
23 EXTREME -- EXTREME -- EXTREME AGITATION. IT WAS LIKE MY
24 MOTHER WAS FRIGHTENED, LIKE SHE WAS HAVING AN ANXIETY ATTACK
25 ALL THE TIME. AND SHE -- IT STARTED TO GET WORSE AND IT
1 GOT -- IT -- IT JUST KEPT GETTING WORSE EVERY DAY. AND ON
2 ONE DAY A SHORT TIME BEFORE SHE DIED, I -- I GUESS THIS
3 WAS -- THIS WAS THE DAY OR THE DAY BEFORE, I WENT IN TO SEE
4 HER AND THEY HAD MOVED HER OUT OF THE -- THE REGULAR
5 NURSING -- DINING ROOM.
6 Q. UH-HUH.
7 A. AND HAD PUT HER BACK IN A BACK ROOM TO EAT BECAUSE SHE
8 WAS CAUSING SO MUCH OF A DISTURBANCE. I MEAN, SHE WAS LIKE
9 REALLY YELLING OUT. YELLING OUT KIND OF LIKE ALMOST IN
10 TERROR AND SO ON. IT WAS LIKE VERY DISTURBING TO THE OTHER
11 RESIDENTS.
12 Q. OKAY.
13 A. AND I WALKED IN, I SAW HER IN THAT STATE. IT WAS -- IT
14 JUST BROKE MY HEART. I COULDN'T TAKE IT ANYMORE AND --
15 Q. HAD -- HAD YOU BEEN, UP TO THAT POINT, TALKING TO ANY
16 DOCTORS OR TRYING TO FIND ANY --
17 A. YES.
18 Q. -- MEDICAL ASSISTANCE?
19 A. YES.
20 Q. OKAY.
21 A. SEVERAL TIMES WHILE SHE WAS THERE WE HAD -- WE HAD TALKED
22 TO THE NURSES, WE HAD CALLED IN ANOTHER DOCTOR WHO WAS
23 SUPPOSED TO BE A SPECIALIST TO TRY AND GET HER SOME SORT OF
24 MEDICATION TO ALLEVIATE HER AGITATION. AND SHE WAS
25 PRESCRIBED A COUPLE OF DIFFERENT DRUGS. I DON'T REMEMBER
1 WHAT THEY WERE. ONE OF THEM DIDN'T DO ANYTHING AND THE OTHER
2 ONE MADE HER MUCH WORSE, MUCH WORSE.
3 Q. SO THEY DIDN'T HELP AT ALL?
4 A. NO.
5 Q. DID YOU EVER HEAR ABOUT THE GEROPSYCH UNIT AT THE DAVIS
6 NORTH HOSPITAL IN DECEMBER OF 1995?
7 A. I HEARD ABOUT IT THE DAY THAT I WAS SPEAKING OF WHEN I
8 SAW HER IN THAT STATE, AND I KNEW THAT SOMETHING, SOME WAY,
9 HAD TO BE DONE. THERE MUST BE SOMETHING THAT COULD BE DONE
10 TO HELP HER AND --
11 Q. HOW DID YOU HEAR ABOUT IT?
12 A. I GOT BACK ON THE TELEPHONE AND CALLED THROUGH ALL OF THE
13 DOCTORS THAT MY SISTER HAD ORIGINALLY TALKED TO AT VARIOUS
14 POINTS --
15 Q. UH-HUH.
16 A. -- AND AT THAT TIME I WAS TOLD, WELL, FOR SOMEONE LIKE
17 YOUR MOTHER SHE SHOULD BE DOWN IN THE DAVIS GERIATRICS WARD.
18 I NEVER HEARD ABOUT THIS. THE NURSES HAD NEVER TOLD US
19 ANYTHING ABOUT IT.
20 Q. UH-HUH.
21 A. SO IT WAS LIKE OH, WOW, THIS IS WHERE SHE NEEDS TO BE
22 BECAUSE I HAD ALREADY THOUGHT THAT MAYBE SOME KIND OF
23 MEDICATION NEEDED TO BE GIVEN TO HER THAT THEY COULDN'T GIVE
24 TO HER IN THE NURSING HOME.
25 Q. WAS THERE ANY PARTICULAR MEDICATION THAT YOU WERE AWARE
1 OF THAT THEY COULD NOT GIVE AT THE NURSING HOME?
2 A. I KNEW THAT THEY COULDN'T GIVE -- THEY COULDN'T GIVE
3 MORPHINE, AND MAYBE SOME OTHER DRUGS IN THAT CATEGORY.
4 Q. WHAT MADE YOU THINK OF MORPHINE IN CONNECTION WITH YOUR
5 MOTHER?
6 A. BECAUSE I HAD BEEN TALKING TO A NUMBER OF PEOPLE BACK
7 HOME AND I'D ALSO -- HAD HAD SOME FRIENDS WHO HAD GONE
8 THROUGH HOSPICE --
9 Q. UH-HUH.
10 A. -- AND I KNEW THAT -- I KNEW A LITTLE BIT ABOUT MORPHINE
11 AT THE TIME THAT IT WAS A SEDATIVE, WOULD HAVE THAT KIND OF
12 TRANQUIL KIND OF EFFECT. AND I KNEW THAT IT WAS A FAIRLY
13 STRONG DRUG AND THAT THEY COULDN'T -- IT WAS AGAINST THE LAW
14 TO GIVE IT IN THE NURSING HOME.
15 Q. OKAY. WERE YOU ASKING -- OR WERE YOU THINKING ABOUT
16 MORPHINE IN TERMS OF ANY PHYSICAL PAIN THAT YOUR MOTHER WAS
17 SHOWING SIGNS OR SYMPTOMS OF?
18 A. NO. NO. MY MOTHER -- MY MOTHER -- YOU KNOW, SHE'S --
19 SHE'S 91. SHE'S HAD OSTEOPOROSIS FOR MANY, MANY YEARS.
20 SHE'S FRAIL, SO SHE HAS THE KINDS OF ACHES AND PAINS THAT
21 WOULD GO ALONG WITH THAT.
22 Q. UH-HUH.
23 A. BUT SHE WAS NOT IN PHYSICAL PAIN. SHE WAS IN EXTREME
24 MENTAL PAIN. AND THAT'S WHAT I WANTED THE MORPHINE OR
25 SOMETHING LIKE THAT.
1 Q. HAD YOU EVER SEEN HER THROW HERSELF AROUND OR THRASH OR
2 ANYTHING OF THAT SORT WHEN SHE WAS SUFFERING FROM THIS MENTAL
3 ANGUISH?
4 A. YES. YES.
5 Q. WHAT WAS YOUR REACTION WHEN YOU SAW THAT?
6 A. WELL, IF I WAS WITH HER, I WOULD -- I WOULD -- I WOULD
7 TAKE HER IN MY ARMS. I WOULD -- I WOULD GET DOWN ON THE BED.
8 I WOULD HOLD HER.
9 Q. UH-HUH.
10 A. I WOULD CRADLE HER.
11 Q. OKAY.
12 A. AND THAT WOULD CALM HER DOWN. BUT SHE WOULD GET VERY
13 AGITATED. AND THE TIMES WHEN I REALLY SAW IT WERE BETWEEN
14 SHIFTS, IF SAY BARBARA HAD -- HAD GONE HOME AND MAYBE I
15 DIDN'T COME FOR 20 MINUTES OR A HALF AN HOUR, BY THEN SHE WAS
16 WORKED UP INTO A -- INTO A TERRIBLE STATE. AND I KNOW THAT
17 SHE HAD, YOU KNOW, THROWN HERSELF AROUND, CRAWLED OUT OF THE
18 BED NUMEROUS TIMES. SHE HAD BRUISES ON HER BODY FROM, YOU
19 KNOW, JUST HER AGITATION WHEN ONE OF US WASN'T THERE.
20 Q. NOW, WHEN YOU HEARD ABOUT THE DAVIS HOSPITAL GEROPSYCH
21 UNIT, WHAT DID YOU DO?
22 A. I CALLED THE HOSPITAL. I EXPLAINED MY MOTHER'S
23 CONDITION. I SAID IS THIS -- IS THIS THE APPROPRIATE PLACE
24 FOR HER? THEY SAID YES, THEY WOULD TAKE HER IN. THEY WOULD
25 EVALUATE HER. THEY WOULD TRY DIFFERENT MEDICINES UNTIL THEY
1 COULD FIND SOMETHING THAT WOULD WORK IN HER CASE TO CALM HER
2 DOWN.
3 Q. DO YOU RECALL WHO YOU SPOKE WITH?
4 A. NO.
5 Q. ON THE TELEPHONE. WAS IT A MAN OR A WOMAN?
6 A. IT WAS -- IT WAS MAN. AND I SAID SOMETHING HAS TO BE
7 DONE IMMEDIATELY, DO YOU HAVE BEDS? HE SAID I CAN COME UP
8 THIS AFTERNOON AND DO AN INTAKE.
9 Q. DID SOMEONE THEN COME UP TO DO AN INTAKE?
10 A. YES, AND THE INTAKE WAS DONE WITH MY SISTER.
11 Q. YOU WEREN'T PRESENT FOR THAT.
12 A. NO.
13 Q. OKAY. HOW MANY DAYS AFTER THAT WAS IT BEFORE SHE WENT TO
14 THE GEROPSYCH UNIT?
15 A. SHE WENT THAT NIGHT.
16 Q. DID YOU TAKE HER THAT NIGHT?
17 A. MY BROTHER-IN-LAW AND SISTER TOOK HER.
18 Q. OKAY. WHEN YOU SPOKE WITH THE PERSON ON THE TELEPHONE,
19 DID YOU TELL THEM ABOUT HER PHYSICAL CONDITION AS OPPOSED TO
20 HER MENTAL CONDITION?
21 A. NO. I TALKED TO THEM ABOUT HER MENTAL CONDITION. THERE
22 WASN'T A PHYSICAL CONDITION TO TELL THEM ABOUT REALLY. I
23 MEAN, OTHER THAN THE FACT THAT SHE WAS OLD AND FRAIL.
24 Q. UH-HUH. DID YOU ASK ABOUT THE ADMINISTRATION OF
25 MORPHINE?
1 A. YES.
2 Q. AND DO YOU RECALL WHAT YOU SAID TO THE PERSON ABOUT
3 ADMINISTERING MORPHINE?
4 A. I SAID -- I SAID, WELL, I HOPE -- I HOPE YOU'VE GOT A
5 NUMBER OF THINGS THAT YOU CAN TRY WITH HER. I SAID, IF -- I
6 SAID, COULD YOU ADMINISTER MORPHINE AT THAT HOSPITAL? AND
7 THEY SAID YES.
8 Q. OKAY.
9 A. AND I SAID BECAUSE I'M WONDERING IF MAYBE THAT'S A DRUG
10 THAT MIGHT WORK.
11 Q. OKAY. SO YOU DIDN'T GO UP WHEN SHE WAS ADMITTED. DID
12 YOU GO UP AT ALL THAT EVENING?
13 A. NO.
14 Q. AND THAT WAS WHAT, THE 29TH OF DECEMBER; IS THAT CORRECT?
15 A. UH-HUH.
16 Q. OF 1995?
17 A. UH-HUH.
18 Q. OKAY. DID YOU -- DID YOU EVER SEE -- OKAY. YOU DIDN'T
19 GO THAT EVENING. DID YOU GO THE NEXT MORNING?
20 A. THE NEXT MORNING I GOT UP AND I CALLED THE HOSPITAL AND I
21 WAS TOLD THAT MY MOTHER HAD DIED.
22 Q. OKAY. DID YOU EVER SEE THE DOCTOR WHO WAS SUPPOSED TO BE
23 TAKING CARE OF YOUR MOTHER?
24 A. HE -- WHEN MY -- WHEN MY FAMILY CAME, HE -- HE CAME INTO
25 THE ROOM AND SPOKE WITH US THEN.
1 Q. AND THE PERSON THAT CAME AND SPOKE TO YOU, IS HE IN THE
2 COURTROOM TODAY?
3 A. YES.
4 Q. WOULD YOU PLEASE POINT HIM OUT?
5 A. IT'S DR. WEITZEL.
6 Q. DR. WEITZEL THERE ON THE END?
7 A. UH-HUH.
8 Q. THANK YOU.
9 HAD YOU SEEN HIM AT ALL PRIOR TO -- AFTER YOUR MOTHER
10 PASSED AWAY?
11 A. HAVE I -- HAVE I SEEN HIM SINCE?
12 Q. HAD YOU SEEN -- NO. HAD YOU SEEN HIM BEFORE AT ALL --
13 A. NO.
14 Q. -- OR EVER SPOKEN WITH HIM?
15 A. NO. SHE JUST WENT IN THAT NIGHT.
16 Q. AND DO YOU RECALL APPROXIMATELY WHAT TIME IT WAS SHE
17 PASSED AWAY THE NEXT DAY?
18 A. I DON'T KNOW. IT WAS PROBABLY EIGHT --
19 Q. OKAY.
20 A. -- IN THE MORNING.
21 Q. WHEN YOU SPOKE --
22 A. SEVEN.
23 Q. -- WITH DR. WEITZEL, DID HE COME INTO YOUR MOTHER'S ROOM?
24 A. YES.
25 Q. OKAY. WHAT, IF ANYTHING, DID HE TELL YOU ABOUT HER
1 PASSING?
2 A. HE INDICATED I BELIEVE THAT THERE WERE SOME PROBLEMS WITH
3 THE HEART.
4 Q. UH-HUH.
5 A. THAT WAS A SURPRISE TO US BECAUSE --
6 Q. AND WHY WAS IT A SURPRISE?
7 A. WELL, BECAUSE WE HAD -- WE HAD BEEN TOLD BY OTHER DOCTORS
8 THAT HER HEART WAS IN GOOD SHAPE. AND, YOU KNOW, SEEING HER
9 IN THAT KIND OF SUFFERING AND THINKING, WELL, PHYSICALLY
10 SHE'S STRONG, IT WAS LIKE, YOU KNOW, UPSETTING BECAUSE YOU
11 DIDN'T REALLY KNOW WHAT WAS GOING TO -- TO TAKE HER.
12 Q. HAD SHE EVER HAD A HEART ATTACK BEFORE?
13 A. NO.
14 Q. HAD SHE EVER HAD A STROKE BEFORE --
15 A. NO.
16 Q. -- THAT YOU WERE AWARE OF?
17 A. NO.
18 Q. ANY OTHER KIND OF PHYSICAL CHRONIC, LONG-TERM CONDITION,
19 OTHER THAN THE OSTEOPOROSIS THAT YOU WERE AWARE OF?
20 A. NO. SHE HAD HAD A NUMBER OF THINGS OVER THE YEARS, BUT
21 THERE WASN'T ANYTHING CURRENT OTHER THAN THAT.
22 MS. BARLOW: I THINK THAT'S ALL I HAVE AT THIS TIME,
23 YOUR HONOR.
24 THE COURT: CROSS-EXAMINE?
25 MR. WILSON: MAY I HAVE A MINUTE JUST -- YOUR HONOR?
1 MS. BARLOW: OH, EXCUSE ME.
2 (OFF-THE-RECORD DISCUSSION BETWEEN MR. WILSON AND
3 MS. BARLOW.)
4 MS. BARLOW: IF I MAY, JUST ONE MORE QUESTION.
5 Q. (BY MS. BARLOW) IN THE LAST MONTH OR TWO OF YOUR
6 MOTHER'S LIFE, HAD SHE LOST ANY WEIGHT THAT YOU'RE AWARE OF?
7 A. I THINK SHE WAS LOSING WEIGHT, YES.
8 Q. BUT YOU WEREN'T THE ONE WHO WAS WEIGHING HER AND KEEPING
9 TRACK OF THAT?
10 A. NO. I MEAN SHE WAS FRAIL. SHE WAS REAL FRAIL.
11 Q. HAD SHE EVER BEEN A BIG WOMAN IN HER LIFE?
12 A. NO.
13 Q. OKAY.
14 MS. BARLOW: I THINK THAT'S ALL I HAVE. THANK YOU.
15 THE COURT: MS. ISAACSON?
16 CROSS-EXAMINATION
17 BY MS. ISAACSON:
18 Q. MS. MARIAH, MY NAME IS TARA ISAACSON AND I'M ONE OF THE
19 ATTORNEYS THAT REPRESENTS DR. WEITZEL. I JUST HAVE A FEW
20 QUESTIONS FOR YOU.
21 A. (NODS HEAD.)
22 Q. NOW, YOU HAD IDEA WHEN YOUR MOTHER WAS TRANSFERRED TO THE
23 GEROPSYCHIATRIC UNIT THAT PERHAPS MORPHINE WOULD BE SOMETHING
24 THAT WOULD CALM HER DOWN.
25 A. (NODS HEAD.)
1 Q. IS THAT RIGHT?
2 A. YES.
3 Q. AND EVERY OTHER MEDICATION THAT HAD BEEN TRIED FOR YOUR
4 MOTHER, HADN'T WORKED.
5 A. THAT'S CORRECT.
6 Q. AND IN FACT, SOME OF THOSE MEDICATIONS HAD MADE HER
7 WORSE.
8 A. THAT'S TRUE.
9 Q. AND WOULD YOU AGREE THAT IF THE NURSES THERE AT THE
10 HOSPITAL THOUGHT YOUR MOTHER WAS IN PAIN, THAT YOU WOULD HAVE
11 WANTED THEM TO GIVE HER MEDICATION SO SHE WOULDN'T BE IN
12 PAIN?
13 MS. BARLOW: YOUR HONOR, I -- I THINK I'LL OBJECT.
14 I THINK THAT'S CALLING FOR SPECULATION.
15 THE COURT: OVERRULED. SHE CAN ANSWER. SHE'S
16 ALREADY TESTIFIED THAT'S WHY SHE WANTED HER TO GO THERE.
17 GO AHEAD.
18 A. SAY YOUR QUESTION TO ME AGAIN. IF THE NURSES HAD THOUGHT
19 SHE WAS IN PAIN?
20 Q. (BY MS. ISAACSON) UH-HUH. IF THEY SAW THINGS THAT MADE
21 THEM THINK SHE WAS IN PAIN AND THEY THOUGHT MORPHINE WOULD
22 ALLEVIATE THAT PAIN, YOU WOULDN'T HAVE WANTED YOUR MOTHER TO
23 SUFFER.
24 A. NO, I WOULD NOT WANT MY -- MY MOTHER TO SUFFER. I WOULD
25 THINK THAT FROM THE INTAKE THAT MY SISTER HAD GIVEN TO HER,
1 WHO KNEW EVERYTHING THAT I KNEW, THAT IT WOULD HAVE BEEN VERY
2 CLEAR THAT ALL OF HER ACTING OUT AND THE THINGS THAT SHE WAS
3 GOING THROUGH WAS COMING FROM HER MIND.
4 Q. WITH REGARD TO -- TO HER MEDICAL CONDITION OR THE MEDICAL
5 CONDITION SHE'D HAD, IT'S TRUE THAT SHE HAD HAD WRIST
6 FRACTURES AND THIS BROKEN HIP AND AN ANKLE FRACTURE, ALL
7 SORTS OF VERY SERIOUS PROBLEMS WITH HER BONES; IS THAT RIGHT?
8 A. OVER HER LIFETIME, YES.
9 Q. AND ALTHOUGH SHE WASN'T ONE TO COMPLAIN ABOUT PAIN,
10 CERTAINLY SHE COULD HAVE BEEN IN PAIN.
11 A. WELL, I CAN ONLY SAY THIS. I KNEW MY MOTHER REALLY WELL.
12 AND MY MOTHER WAS ABLE TO COMMUNICATE WHEN SHE WAS IN PAIN,
13 AND THAT WAS NOT WHAT MY MOTHER WAS COMMUNICATING. SHE HAD
14 ACHES AND PAINS LIKE AN OLD PERSON WITH OSTEOPOROSIS WOULD
15 HAVE, AND -- BUT SHE -- SHE WAS NOT COMPLAINING OF THAT.
16 I WOULD MASSAGE MY MOTHER, HER BACK, HER HIP, HER FEET,
17 HER LEGS, AND SHE NEVER REACTED THAT I WAS HURTING HER IN ANY
18 WAY. I MEAN, AND THIS IS RIGHT UP UNTIL ALMOST THE TIME SHE
19 DIED. SHE WAS NOT IN THAT KIND OF PAIN. AND SHE COULD --
20 AND SHE -- IN THE MOMENT BECAUSE SHE COULD SPEAK AND -- AND
21 UNDERSTAND IN THE MOMENT, SHE COULD SAY THE DIFFERENCE
22 BETWEEN I'M IN PAIN AND I DON'T KNOW WHERE I'M AT AND I DON'T
23 KNOW WHAT I'M SUPPOSED TO DO. AND IT WAS THE LATTER THAT SHE
24 WAS SAYING.
25 Q. SO FROM -- FROM YOUR PERSPECTIVE AND FROM WHAT YOU
1 OBSERVED, YOU -- YOU PERCEIVED THAT YOUR MOTHER'S ANGUISH AND
2 AGITATION WAS RELATED SOLELY TO MENTAL CONDITION?
3 A. YES. AND I THOUGHT THAT -- THAT -- THAT SHE SHOULD HAVE
4 RELIEF FOR THAT, REGARDLESS OF WHAT THE MEDICINE WAS THAT
5 THEY USED.
6 Q. AND YOU SPECIFICALLY HAD INQUIRED ABOUT THE
7 ADMINISTRATION OF MORPHINE AND YOU WERE -- YOU WERE, IN FACT,
8 ENCOURAGING THE HOSPITAL -- OR YOU INDICATED THAT YOU WERE --
9 YOU HOPED THAT SHE WOULD GET SOMETHING LIKE MORPHINE OR
10 SOMETHING THAT WOULD HELP CALM HER DOWN.
11 A. YES.
12 MS. ISAACSON: THANK YOU.
13 THE COURT: REDIRECT?
14 MS. BARLOW: NO. THANK YOU, YOUR HONOR, I'M FINE.
15 THE COURT: YOU MAY STEP DOWN, MS. MARIAH, AND THANK
16 YOU FOR TESTIFYING.
17 MAY THIS WITNESS BE EXCUSED, MS. BARLOW?
18 MS. BARLOW: YES, YOUR HONOR.
19 THE COURT: MS. ISAACSON?
20 MS. ISAACSON: YES.
21 THE COURT: YOU MAY BE EXCUSED AND THANK YOU FOR
22 COMING.