Diane Mariah
2 DIANE MARIAH,
3 CALLED AS A WITNESS, BEING FIRST DULY SWORN,
4 WAS EXAMINED AND TESTIFIED AS FOLLOWS:
5 DIRECT EXAMINATION
6 BY MR. MAJOR:
7 Q. WILL YOU STATE YOUR NAME FOR THE RECORD?
8 A. DIANE ANDERSON MARIAH.
9 Q. SPELL YOUR LAST NAME FOR THE RECORD.
10 A. M-A-R-I-A-H.
11 Q. AND WHAT IS YOUR RELATIONSHIP TO BARBARA POHLMAN?
12 A. I'M HER SISTER.
13 Q. AND WHAT IS YOUR RELATIONSHIP TO ELLEN ANDERSON?
14 A. HER DAUGHTER.
15 Q. AND, MISS POHLMAN, WHERE ARE YOU CURRENTLY LIVING?
16 A. CALIFORNIA. MARIAH.
17 Q. PARDON? OH, MARIAH. I'M SORRY.
18 A. YEAH. VADAGA BAY, CALIFORNIA.
19 Q. HOW LONG HAVE YOU BEEN LIVING THERE?
20 A. I'VE BEEN IN CALIFORNIA ABOUT 20 YEARS.
21 Q. AND WHAT DO YOU DO IN CALIFORNIA?
22 A. I'M A RETIRED SCHOOL TEACHER.
23 Q. GOING BACK TO THE PERIOD OF TIME PRIOR TO ABOUT JUNE OF
24 1995, CAN YOU TELL THE JURY -- YOU'RE LIVING IN CALIFORNIA.
25 WHERE WAS YOUR SISTER LIVING?
826
1 A. BRIGHAM CITY.
2 Q. AND WHERE WAS YOUR MOTHER LIVING?
3 A. MY MOTHER HAD MOVED IN WITH HER.
4 Q. OKAY. AND DURING LET'S SAY THE TIME FROM TIME THEY
5 WERE -- YOUR MOTHER MOVED IN WITH YOUR SISTER UNTIL ABOUT
6 JUNE OF 1995, HOW OFTEN WOULD YOU VISIT?
7 A. I USUALLY CAME HERE ONCE A YEAR, AND MY MOTHER CAME BACK
8 TO SEE ME A COUPLE OF TIMES A YEAR.
9 Q. OKAY. HOW LONG WOULD SHE STAY WHEN SHE WENT BACK WITH
10 YOU?
11 A. OH, FROM TWO WEEKS, I THINK THE LONGEST WAS A MONTH.
12 Q. AND HOW LONG WOULD YOU STAY WHEN YOU CAME UP?
13 A. ABOUT TWO WEEKS.
14 Q. WHEN SHE WOULD COME DOWN TO STAY WITH YOU, HOW WOULD SHE
15 GET DOWN THERE?
16 A. WE WOULD -- WE WOULD FLY HER. SHE WOULD BE ACCOMPANIED
17 EITHER BY MYSELF OR MY SISTER.
18 Q. AND DIDN'T APPEAR TO BE ANY TROUBLE GETTING HER DOWN
19 THERE, TO FLY HER DOWN?
20 A. NO, THERE'S NO TROUBLE. SHE WAS NERVOUS, AND THAT'S WHY
21 WE ACCOMPANIED HER.
22 Q. AND BASED ON ALL THESE VISITS, CAN YOU JUST BRIEFLY TELL
23 THE JURY WHAT HER GENERAL PHYSICAL HEALTH WAS?
24 A. SHE WAS IN GOOD PHYSICAL HEALTH. SHE WAS BECOMING
25 SOMEWHAT FRAIL BECAUSE OF HER AGE, BUT SHE WAS AMBULATORY
827
1 AND --
2 Q. WHAT WAS HER MENTAL CONDITION?
3 A. DURING THAT TIME SHE WAS BECOMING MORE FORGETFUL,
4 SHORT-TERM MEMORY PROBLEMS, BUT SHE WAS CERTAINLY CAPABLE OF
5 HAVING A FULL CONVERSATION AND COULD RESPOND TOTALLY
6 APPROPRIATELY TO TALKING TO HER.
7 Q. NOW, IN JUNE OF 1995, APPARENTLY THERE WAS AN INJURY
8 THAT SHE HAD DONE TO HER HIP. ARE YOU AWARE OF THAT?
9 A. YES.
10 Q. WHAT -- HOW DID YOU FIND OUT ABOUT THAT?
11 A. THROUGH MY SISTER.
12 Q. AND WHAT IF ANYTHING DID YOU DO?
13 A. WELL, SHE WAS TAKEN INTO THE HOSPITAL BY MY SISTER. AND
14 AFTER SHE CAME BACK AND SHE WAS EXPERIENCING EMOTIONAL
15 DIFFICULTY, I FLEW OUT TO SEE HER.
16 Q. AND APPROXIMATELY WHEN WAS THAT?
17 A. OH, MAYBE IT WAS LIKE IN JUNE, MAY OR JUNE.
18 Q. AND YOU VISITED YOUR MOTHER?
19 A. YOU'RE TALKING ABOUT AFTER THE OPERATION?
20 Q. AFTER OPERATION, YEAH.
21 A. OKAY. MY SISTER HAD TOLD ME THAT SHE WAS LIKE HIGHLY
22 AGITATED AND WAS UNABLE TO SETTLE DOWN. I TALKED TO MY
23 MOTHER ON THE PHONE DURING THAT TIME. I COULD TELL THAT
24 THERE WAS SOME DIFFERENCE IN HER MENTAL STATE. AND I FLEW
25 OUT, THINKING MAYBE THAT I COULD BE OF SOME COMFORT TO HER
828
1 TO SETTLE HER DOWN. AND AFTER SPENDING THE FIRST COUPLE OF
2 NIGHTS THERE, I SUGGESTED TO MY SISTER THAT SHE COULD BE
3 PLACED IN A NURSING HOME BECAUSE IT WAS IMPOSSIBLE TO SLEEP
4 NIGHT.
5 Q. NOW, WHEN YOU FLEW OUT, HAD YOUR MOTHER ALREADY BEEN
6 DISCHARGED FROM THE HOSPITAL?
7 A. YES.
8 Q. AND WAS THERE A PERIOD OF TIME AFTER SHE'D BEEN
9 DISCHARGED FROM THE HOSPITAL THAT SHE WAS IN A REST HOME?
10 A. YES.
11 Q. AND THEN YOUR SISTER HAD TAKEN HER FROM THE REST HOME
12 BACK INTO HER HOME?
13 A. YES. AND THAT'S WHEN I CAME.
14 Q. OKAY. THIS IS WHAT I WANNA GET TO. THIS IS THE TIME
15 FRAME THAT YOUR -- WHEN SHE WAS LIVING WITH HER SISTER.
16 A. UH-HUH.
17 Q. AND HOW LONG DID YOU STAY?
18 A. I PROBABLY STAYED ABOUT A WEEK AND THEN FLEW HOME TO
19 MAKE ARRANGEMENTS FOR A LEAVE OF ABSENCE FROM MY WORK SO
20 THAT I COULD COME AND BE HERE.
21 Q. NOW, WHILE YOU WERE VISITING, DID YOU STAY AT YOUR
22 SISTER'S HOUSE --
23 A. YES.
24 Q. -- DURING THIS PERIOD OF TIME?
25 A. UH-HUH.
829
1 Q. AND CAN YOU DESCRIBE BASICALLY WHAT YOUR MOTHER'S
2 CONDITION WAS AT THAT TIME?
3 A. SHE WAS VERY CONFUSED AND AGITATED, AND I ESPECIALLY
4 REMEMBER THE NIGHT, I SLEPT WITH HER THAT NIGHT TO TRY TO
5 GIVE HER -- KEEP HER CALM. AND SHE WOULD WAKE UP AND SIT UP
6 IN BED AND WONDER WHAT SHE WAS SUPPOSED TO DO. AND JUST WAS
7 GENERALLY CONFUSED ABOUT WHAT WAS HAPPENING IN THE MOMENT.
8 ALTHOUGH SHE -- IF I TALKED TO HER, SHE COULD RESPOND BACK
9 TO ME AND SHE WOULD BE SETTLED DOWN. THE MINUTE THAT I
10 WASN'T DIRECTLY TALKING TO HER, SHE WAS HIGHLY AGITATED.
11 AND I TRIED TALKING TO HER AND HOLDING HER AND ROCKING HER,
12 AND NOTHING SEEMED TO WORK. THAT'S WHY I KNEW SHE HAD TO GO
13 INTO THE -- BACK INTO THE NURSING HOME.
14 Q. NOW, YOU TALKED ABOUT ROCKING HER. WHAT DID THAT --
15 WHAT DO YOU MEAN BY ROCKING HER?
16 A. PUTTING MY ARMS AROUND HER AND HOLDING HER LIKE THIS.
17 Q. OKAY. AND DURING THIS PERIOD OF TIME THAT YOU WERE
18 VISITING HER, DID SHE APPEAR TO BE IN ANY TYPE OF PHYSICAL
19 PAIN?
20 A. NO. I WAS SURPRISED AT HOW WELL SHE WAS WALKING AFTER
21 THE HIP OPERATION. AND I CAN'T REMEMBER HER COMPLAINING.
22 Q. AND GENERALLY, YOU KNOW, OTHER THAN THE FEAR AND THE
23 ANXIETY YOU DISCUSSED, WAS SHE ABLE TO COMPREHEND THINGS?
24 UNDERSTAND?
25 A. SHE COULD COMPREHEND IN THE MOMENT. AS SOON AS THE
830
1 CONVERSATION WAS OVER, THEN THERE WOULD BE NO RECOLLECTION
2 OF THE CONVERSATION. BUT SHE WAS COMPREHENDING AT THAT
3 TIME.
4 Q. NOW, WHEN YOU WERE -- WERE YOU FAMILIAR OR AWARE THAT
5 YOUR MOTHER HAD SOME OSTEOPOROSIS IN HER BACK?
6 A. OH, YES.
7 Q. AND MAY HAVE HAD SOME MINOR FRACTURES IN HER BACK?
8 A. I THINK THAT HER BACK WAS -- I THINK THEY WERE MORE THAN
9 MINOR. That's true.
10 Q. AND HOW LONG HAD SHE HAD THAT CONDITION, DO YOU KNOW?
11 A. OH, SHE -- SHE WAS DEVELOPING THAT HUNCHED OVER PROBABLY
12 15 YEARS BEFORE SHE DIED.
13 Q. AND IN THE VISITS YOU HAD TO HER AND YOUR CONTACT WITH
14 HER, DID SHE EVER APPEAR TO HAVE ANY PAIN AS A RESULT OF
15 THAT?
16 A. IT ACHED AND SHE WAS UNCOMFORTABLE, BUT IT WAS -- IT
17 DIDN'T SEEM TO BE SEVERE. SHE WAS ALSO ONE NOT TO COMPLAIN.
18 Q. WAS SHE TAKING ANY MEDICATIONS FOR IT, DO YOU KNOW?
19 A. I DON'T THINK SHE WAS TAKING ANYTHING OTHER THAN
20 OVER-THE-COUNTER ASPIRIN AND TYLENOL.
21 Q. NOW, WHEN YOU HAD HER -- AND YOU WERE INDICATING WHEN
22 YOU HAD HER, YOU WERE STAYING WITH HER IN MISS POHLMAN'S
23 HOME, YOU WOULD ROCK HER, SEEMING THAT'S MOVING BACK AND
24 FORTH.
25 A. UH-HUH.
831
1 Q. DID SHE APPEAR TO HAVE ANY PAIN ON HER BACK WHEN YOU
2 WERE DOING THAT?
3 A. NO.
4 Q. SHE WASN'T MOANING OR GROANING OR SCREAMING WHEN YOU
5 MOVED HER, ROCKED HER?
6 A. NO. THAT WAS OF COMFORT TO HER.
7 Q. APPEAR TO COMFORT HER TO DO THAT?
8 A. YEAH, I MEAN IT WASN'T LIKE --
9 Q. YEAH.
10 A. -- YOU KNOW, I --
11 Q. I UNDERSTAND THAT.
12 A. IT WAS SOFT.
13 Q. DID SHE APPEAR TO BE IN ANY PAIN OR HAVING ANY PROBLEMS
14 WHEN SHE WAS AMBULATORY, MOVING AROUND?
15 A. NO, NOT PAIN REALLY.
16 Q. AND YOU INDICATED -- APPROXIMATELY HOW LONG DID YOU STAY
17 THERE?
18 A. I WAS THERE FOR A WEEK AND THEN FLEW BACK, AND THEN I
19 WAS PROBABLY BACK IN ANOTHER TWO WEEKS.
20 Q. WHEN YOU COME BACK, WAS YOUR MOTHER STILL LIVING WITH
21 YOUR SISTER?
22 A. NO. WE'D MOVED HER INTO THE HOME.
23 Q. INTO THE REST HOME?
24 A. YES. I THINK THAT HAPPENED WHILE I WAS THERE.
25 Q. AND WHEN YOU GOT HER BACK INTO THE REST HOME, WHAT DID
832
1 YOU -- DID YOU DO ANYTHING -- WERE YOU CONCERNED ABOUT HER
2 CONDITION? DID YOU DO ANYTHING TO LOOK INTO THAT?
3 A. MY SISTER AND I WERE VERY CONCERNED ABOUT HER CONDITION.
4 AND WE SET UP A SCHEDULE SO THAT DURING AS MUCH OF THE
5 WAKING HOURS AS POSSIBLE, THAT SHE WOULD HAVE SOMEONE WITH
6 HER. SHE -- THE ONLY COMFORT THAT SHE SEEMED TO HAVE WAS
7 WHEN MY SISTER AND I WERE DIRECTLY WITH HER. AND IF WE
8 WEREN'T IN THE ROOM WITH HER, THEN SHE WAS PRETTY
9 HYSTERICAL.
10 Q. AND WHAT DID YOU DO IF ANYTHING AS FAR AS MEETING WITH
11 DOCTORS OR ANYTHING OF THAT NATURE CONCERNING HER CONDITION?
12 A. WELL, WE TALKED TO THE NURSES REPEATEDLY. I DON'T
13 REMEMBER WHAT THEY WERE, BUT I KNOW THAT A NUMBER OF
14 MEDICATIONS HAD BEEN TRIED. AND THEN THERE WAS A GERIATRIC
15 SPECIALIST WHO WE BROUGHT UP TO THE HOSPITAL, AND HE
16 EXAMINED MY MOTHER AND PRESCRIBED DRUGS. AGAIN, I DON'T
17 REMEMBER THE NAMES OF THEM. THEY SEEMED TO MAKE HER WORSE
18 INSTEAD OF BETTER, AND MY SISTER AND I DECIDED AFTER A WHILE
19 TO DISCONTINUE THOSE.
20 Q. AND THEN WHAT ELSE OCCURRED? AS FAR AS GOING DOWN THE
21 SAME TYPE OF LINES YOU'RE TALKING ABOUT HERE?
22 A. WELL, I -- I CAN REMEMBER BRINGING MY MOTHER WITH ME AND
23 APPEARING BEFORE THE NURSING STAFF. I THINK THEY WERE DOING
24 LIKE CASE REVIEW OR SOMETHING LIKE THAT. AND TRYING TO
25 EXPLAIN WHAT I THOUGHT MY MOTHER'S CONDITION WAS AND THE
833
1 MENTAL FRAME OF MIND SHE WAS IN AND TRYING TO GET
2 SUGGESTIONS ABOUT WASN'T THERE SOMETHING THAT COULD BE DONE?
3 WASN'T THERE SOMETHING STRONGER THAT COULD BE GIVEN? AND
4 THEY SAID THAT THEY HAD LIMITS AS TO WHAT THEY COULD DO IN A
5 NURSING HOME.
6 Q. DID YOU EVER HAVE ANY CONSULTATIONS OR REMEMBER ANY
7 CONSULTATIONS WITH DR. WILDING?
8 A. I BELIEVE WILDING WAS THE DOCTOR THAT WE BROUGHT IN.
9 Q. TO LOOK AT HER CONDITION?
10 A. UH-HUH.
11 Q. HOW ABOUT DR. KELLER?
12 A. I BELIEVE HE WAS THE DOCTOR THAT MY MOTHER -- WAS HER
13 GENERAL DOCTOR.
14 Q. DO YOU RECALL IN ANY OF THESE CONVERSATIONS WITH THE
15 DOCTORS AND NURSES AND STAFFING DISCUSSING PHYSICAL PAIN?
16 A. THE ONLY TIME WAS AFTER SHE HAD FALLEN DOWN AT THE
17 NURSING HOME. I WAS WALKING WITH HER AND SHE SLIPPED. AND
18 SHE COMPLAINED ABOUT HER -- HER HIP FOR MAYBE THREE DAYS.
19 DURING THAT TIME WE TOOK OVER HER -- I TOOK HER OVER TO THE
20 HOSPITAL AND THEY X-RAYED HER, AND NOTHING WAS WRONG. BUT
21 AGAIN, THE COMPLAINTS WERE NOT SEVERE.
22 Q. AND WAS SHE -- DID SHE RECEIVE ANY PAIN MEDICATION
23 DURING THAT PERIOD OF TIME, DO YOU RECALL?
24 A. I DON'T THINK ANYTHING OTHER THAN WHAT SHE WAS GETTING,
25 THE TYLENOL.
834
1 Q. AND DID THEY INDICATE TO YOU THAT THERE WAS ANY -- IN
2 THESE CONSULTS, DID THEY EVER INDICATE TO YOU THERE WAS EVER
3 ANY OTHER PROBLEMS WITH HER?
4 A. PHYSICALLY?
5 Q. YEAH, PHYSICALLY.
6 A. NO. I CAN REMEMBER THAT MY SISTER AND I HAD NUMEROUS
7 CONVERSATIONS ABOUT, YOU KNOW, HOW WAS IT EVER GONNA END,
8 BECAUSE SHE SEEMED TO BE IN GOOD HEALTH, AND WE HAD BEEN
9 TOLD THAT HER HEART WAS STRONG, AND SO ON AND --
10 Q. THEN YOU -- HOW DID YOU LEARN ABOUT THE GEROPSYCH UNIT
11 AT DAVIS HOSPITAL?
12 A. TOWARD THE END OF DECEMBER, MY MOTHER BECAME MUCH WORSE,
13 WAS A DAILY GOING DOWN OF HER BEING MORE AND MORE AGITATED
14 AND I -- I CAME TO THE NURSING HOME TO BE THERE WITH HER AT
15 MEALTIME, AND THEY HAD MOVED HER -- BECAUSE OF HER BEING
16 DISRUPTIVE, THEY HAD MOVED HER TO A BACK DINING HALL. AND I
17 WALKED IN AND SHE WAS JUST IN SUCH -- SHE WAS IN SUCH A
18 STATE, I COULDN'T STAND IT. AND EVEN THOUGH I HAD BEEN TOLD
19 BY THE OTHER DOCTORS THAT THERE WASN'T ANYTHING TO DO, I
20 ALSO KNEW THAT THAT'S BECAUSE SHE WAS THERE, AND I WANTED
21 HER INTO A HOSPITAL SO THAT THEY COULD GIVE HER SOMETHING
22 STRONGER.
23 Q. NOW, THIS WAS SOLELY FOR HER MENTAL CONDITION?
24 A. YES. AND SO I WENT BACK AND I DIDN'T KNOW WHO MY -- THE
25 DOCTORS THAT MY SISTER HAD CALLED AT THE TIME, SO I JUST
835
1 STARTED GOING THROUGH A LIST. I TALKED TO A PSYCHIATRIST
2 AND COUPLE OTHER DOCTORS, AND THE PSYCHIATRIST THAT MY
3 SISTER HAD I THINK ORIGINALLY TAKEN HER TO OR SOMETHING,
4 THEY TOLD ME -- THE RECEPTIONIST TOLD ME THAT THERE WAS THIS
5 GERIATRIC UNIT, PSYCH UNIT, AND NO ONE HAD EVER MENTIONED
6 THAT TO US BEFORE. AND SO I CALLED THEM UP AND ARRANGED FOR
7 AN INTAKE, AND HAD THEM COME UP.
8 Q. NOW, YOU WEREN'T PRESENT DURING THE INTAKE?
9 A. NO, I WASN'T. I HAD TALKED TO THEM ON THE PHONE BEFORE,
10 THOUGH.
11 Q. AND AFTER YOU DONE IT -- YOUR SISTER HAD DONE THE
12 INTAKE, IS THAT CORRECT?
13 A. YES.
14 Q. AND AFTER YOUR SISTER HAD DONE THE INTAKE, WHAT WERE THE
15 CIRCUMSTANCES OF YOUR MOTHER GETTING INTO THE GEROPSYCH
16 UNIT? DO YOU KNOW?
17 A. AS I REMEMBER, IT ALL HAPPENED VERY, VERY RAPIDLY. TO
18 MY RECOLLECTION, I CALLED IN THE MORNING. THEY CAME IN THE
19 AFTERNOON FOR THE INTAKE. AND I BELIEVE SHE WAS ADMITTED
20 THAT EVENING, IS THE WAY I REMEMBER IT.
21 Q. WERE YOU PRESENT WHEN SHE WAS ADMITTED?
22 A. NO. MY SISTER TOOK HER DOWN.
23 Q. SO YOU DIDN'T REALLY HAVE ANYTHING TO DO WITH THE
24 ADMISSION TO THE HOSPITAL.
25 A. NO.
836
1 Q. AFTER SHE WAS ADMITTED INTO THE HOSPITAL, WHAT HAPPENED?
2 A. WELL, IT WAS -- IT WAS MY DAY OFF SO I HAD BEEN DOWN IN
3 SALT LAKE. I CAME BACK. I CALLED THE HOSPITAL IN THE
4 MORNING, AND THEY TOLD ME SHE WAS DEAD.
5 Q. NOW, YOU CALLED THE HOSPITAL?
6 A. YES.
7 Q. AND WHAT HAPPENED WHEN YOU RECEIVED THIS INFORMATION?
8 A. WHAT HAPPENED?
9 Q. YEAH, WHAT DID YOU DO? WHAT WERE THE CIRCUMSTANCES?
10 A. WELL, I WAS -- I WAS VERY UPSET. I REMEMBER JUST KIND
11 OF WANDERING THROUGH THE APARTMENT, JUST SAYING HER NAME.
12 AND I WAS JUST SO UPSET THAT I -- I WASN'T UPSET THAT SHE
13 HAD DIED. I WAS SHOCKED THAT SHE HAD DIED, YOU KNOW,
14 BECAUSE SHE SEEMED ALL RIGHT, SO I WAS SHOCKED THAT SHE HAD
15 DIED. I WAS GLAD THAT SHE HAD DIED, BUT I WAS KIND OF LIKE
16 OVERCOME WITH GRIEF THAT I WASN'T WITH HER BECAUSE THAT WAS
17 WHAT -- IT WAS MY SISTER AND MY PRESENCE THAT HAD BEEN
18 SUSTAINING HER, AND TO THINK THAT WE WEREN'T THERE WAS HARD
19 FOR ME.
20 Q. AND AFTER YOU HAD GONE THROUGH THIS EMOTIONAL STATE, DID
21 YOU EVER GO TO THE HOSPITAL ITSELF?
22 A. YES.
23 Q. AND WHO WAS PRESENT WHEN YOU WENT THERE? WHO WAS WITH
24 YOU?
25 A. MY -- MY PARTNER JUDE AND SISTER AND BROTHER-IN-LAW.
837
1 Q. AND WHEN YOU GOT TO THE HOSPITAL, WHAT OCCURRED?
2 A. WELL, WE -- WE WENT INTO THE ROOM AND SAW HER. I CAN
3 REMEMBER ASKING IF I COULD BE ALONE WITH HER, AND THE REST
4 OF THE FAMILY WENT OUT OF THE ROOM, AND THEN WE WERE BACK IN
5 THE ROOM. I DON'T KNOW, HAZY ON THIS. AND THE DOCTOR CAME
6 IN AND TALKED WITH US.
7 Q. AND WHO WAS THE DOCTOR?
8 A. DR. WEITZEL.
9 Q. HAD YOU EVER MET OR CONSULTED WITH HIM BEFORE?
10 A. NO.
11 Q. THIS IS THE FIRST TIME YOU'D EVER SEEN HIM?
12 A. YES.
13 Q. AND WHO WAS PRESENT WHEN THE DOCTOR CAME IN?
14 A. MY SISTER, MY BROTHER-IN-LAW, MY PARTNER, AND MYSELF.
15 Q. AND WHAT HAPPENED WHEN THEY WERE IN THERE?
16 A. WHAT WAS THE CONVERSATION?
17 Q. YES, GENERALLY WHAT OCCURRED?
18 A. I CAN REMEMBER -- THE ONLY THING I CAN REALLY REMEMBER
19 IS THAT AS MY SISTER AND I WERE ALWAYS DOING WAS QUESTIONING
20 WHY WAS SHE THAT WAY, WHAT WAS -- WHAT WAS THE MATTER. I --
21 AND I CAN REMEMBER THE DOCTOR SAYING SOMETHING ABOUT, YOU
22 KNOW, WHEN PEOPLE BREAK THEIR -- BREAK THEIR HIPS, SOMETIMES
23 THINGS ARE RELEASED INTO THE BODY WHICH AFFECT THE MIND. Fat emboli.
24 AND --
25 Q. DO YOU RECALL ANY CONVERSATION --
838
1 A. -- SOMETHING LIKE THAT.
2 Q. -- AS TO THE CAUSE OF DEATH?
3 A. I DON'T.
4 Q. DO YOU RECALL ANY CONVERSATIONS OF ANY TESTS OR ANYTHING
5 LIKE THAT THAT WAS -- THAT WAS DONE?
6 A. AFTER?
7 Q. I MEAN DID THE DOCTOR TELL YOU WE'VE RUN THESE TESTS?
8 A. HE DID, HE TOLD US THAT THE -- AN E.K.G. WAS RUN ON HER
9 EARLY IN THE MORNING. THAT SHE SEEMED TO BE HAVING SOME
10 SORT OF MAYBE HEART PROBLEM OR SOMETHING OR I DON'T REMEMBER
11 WHETHER IT WAS THAT OR WHETHER IT WAS JUST ROUTINE, BUT THEY
12 DID -- THEY DID DO THAT TEST ON HER.
13 Q. NOW, I THINK YOU MENTIONED AND YOUR SISTER HAD ALSO
14 MENTIONED THE FACT THAT ONE OF THE THINGS YOU WERE LOOKING
15 AT WHEN YOU MOVED HER OUT OF THE REST HOME WAS THE
16 POSSIBILITY OF USING MORPHINE FOR DEPRESSION.
17 A. YES.
18 Q. COULD YOU EXPLAIN THAT A LITTLE BIT MORE, WHAT YOU KNEW
19 ABOUT IT, AND WHY YOU WERE LOOKING AT THAT?
20 A. I WAS FAMILIAR WITH MORPHINE BEING USED IN HOSPICE
21 CASES. IT HAD BEEN -- WHEN I HAD BEEN TELLING PEOPLE BACK
22 IN CALIFORNIA ABOUT THE STATE OF MY MOTHER, SEVERAL PEOPLE
23 HAD SAID, WELL, HAVE THEY TRIED MORPHINE YET? I KNEW THAT
24 EVERY SINGLE OTHER DRUG THAT WE HAD TRIED EITHER DIDN'T WORK
25 OR MADE IT WORSE, AND I -- I WANTED HER CALMED DOWN AND
839
1 QUIET ENOUGH SO THAT SHE WOULD NOT BE IN THE STATE SHE WAS
2 IN. IT WAS JUST -- IT WAS TOO MUCH FOR HER TO BE IN THAT
3 STATE. AND I BELIEVED THAT MORPHINE WOULD CALM HER DOWN --
4 Q. SO YOU --
5 A. -- OR SOMETHING.
6 Q. PARDON ME. DID YOU DO ANY INVESTIGATION AS TO MORPHINE,
7 WHAT ITS EFFECTS WERE, THOSE TYPE OF THINGS?
8 A. I KNEW THAT IT RELIEVED PAIN AND I KNEW THAT IT PRODUCED
9 A EUPHORIC EFFECT AND THAT'S WHAT I WAS HOPING, THAT IT
10 COULD DO SOMETHING TO RAISE HER INTO A DIFFERENT STATE.
11 Q. DID ANYONE EVER DISCUSS WITH YOU SIDE EFFECTS OF
12 MORPHINE?
13 MR. STIRBA: AT THIS TIME?
14 Q. (BY MR. MAJOR) AT THIS TIME OR PRIOR TO SENDING HER TO
15 THE GEROPSYCH UNIT.
16 A. NO, I DIDN'T TALK WITH ANYONE ABOUT THAT.
17 Q. DID ANYONE -- OR DID YOU LEARN ANYTHING ABOUT THE RISKS
18 OF MORPHINE?
19 A. I THINK I GENERALLY KNEW THAT IN THE SITUATIONS WHERE IT
20 HAD BEEN ADMINISTERED THAT I WAS AWARE OF THAT IT WAS AN
21 END-OF-LIFE PROCEDURE FOR PAIN AND OTHER THINGS.
22 Q. AND IS THAT WHAT YOU WERE INTENDING THE MORPHINE TO BE
23 USED FOR WITH YOUR MOTHER?
24 A. I WAS HOPING THAT THE EUPHORIA, THE EUPHORIC EFFECT OF
25 IT WOULD HAVE SOME CALMING EFFECT ON HER.
840
1 Q. BUT YOU ALSO MENTIONED THAT YOU KNEW IT WAS SORT OF AN
2 END-OF-LIFE SITUATION FOR PAIN. WAS THAT -- THAT'S WHAT I'M
3 ASKING, WAS THAT PART OF YOUR INTENT WHEN YOU -- HAVING HER
4 GIVEN THE MORPHINE?
5 A. I WANTED HER -- I WANTED HER -- HER MENTAL STATE CALMED
6 DOWN.
7 Q. DIDN'T WANT HER LIFE ENDED SHORT OR SHORTENED?
8 A. I -- I WAS NOT DOING ANYTHING OR -- I DIDN'T -- I WASN'T
9 NECESSARILY LOOKING FOR A DRUG TO END HER LIFE. BUT IF IT
10 SHORTENED HER LIFE, I WOULD -- I THOUGHT THAT WAS GOOD.
11 Q. AS LONG AS IT HELPED CURE THE PROBLEM SHE WAS HAVING.
12 A. YES.
13 MR. MAJOR: WE NO FURTHER QUESTIONS.
14 THE COURT: MR. STIRBA.
15 MR. STIRBA: I HAVE NO QUESTIONS, YOUR HONOR.
16 THANK YOU.
17 THE COURT: OKAY. MAY THIS WITNESS BE EXCUSED?
18 MR. MAJOR: SHE MAY, YOUR HONOR.