Kent Smith
8 MR. WILSON: WE WOULD CALL KENT SMITH TO THE STAND
9 AT THIS TIME.
10 THE COURT: MR. SMITH, WOULD YOU STEP UP HERE
11 PLEASE. WOULD YOU STEP UP FACE THE CLERK, SHE'LL PLACE YOU
12 UNDER OATH.
13 KENT DEAN SMITH,
14 HAVING BEEN DULY SWORN, WAS EXAMINED AND
15 TESTIFIED AS FOLLOWS:
16 THE COURT: IF YOU'LL HAVE A SEAT UP HERE, PLEASE
17 STATE YOUR FULL NAME AND SPELL YOUR LAST NAME.
18 THE WITNESS: KENT DEAN SMITH. S-M-I-T-H.
19 DIRECT EXAMINATION
20 BY MR. WILSON:
21 Q. MR. SMITH WHERE DO YOU CURRENTLY RESIDE?
22 A. CENTERVILLE.
23 Q. AND ARE YOU THE SON OF LYDIA SMITH?
24 A. YES.
25 Q. SO YOU WHAT'S BEEN PREVIOUSLY MARKED AS STATE'S EXHIBIT 5
1 AND ASK IF YOU CAN IDENTIFY THIS PHOTOGRAPH FOR US IF YOU
2 WOULD PLEASE?
3 A. YES. THAT IS OF MOTHER -- OF MY MOTHER, YES.
4 Q. CAN YOU TELL US WHEN THAT PHOTOGRAPH WAS TAKEN?
5 A. WITHIN A FEW YEARS PRIOR TO HER DEATH. I'M GUESSING.
6 I'M NOT EVEN SURE.
7 Q. ALL RIGHT. IN REGARDS TO YOUR MOTHER, MR. SMITH, I NEED
8 TO ASK YOU A FEW QUESTIONS. FIRST OF ALL, PRIOR TO JUNE OF
9 1995, WHERE DID YOUR MOTHER RESIDE?
10 A. SHE LIVED IN A CONDOMINIUM IN CENTERVILLE.
11 Q. DID SHE LIVE THERE WITH ANYBODY?
12 A. YES.
13 Q. CAN YOU TELL US WHO THAT WAS?
14 A. KYLE RAMA AND GENE CHRISTIANSON.
15 Q. WAS THERE A PURPOSE FOR THEM BEING THERE WITH HER?
16 A. YES. AFTER MY FATHER PASSED AWAY -- WELL, DURING THE
17 PROCESS OF MY FATHER GOING THROUGH SEVERAL HEART ATTACKS
18 MOTHER WENT THROUGH AN EMOTIONAL BREAKDOWN AND WAS NEVER THE
19 SAME. AFTER THAT SHE WANTED TO RESIDE IN HER OWN HOME
20 THEREFORE WE ASKED A COUSIN WHOSE DAUGHTER AND HER HUSBAND
21 WERE LOOKING FOR A PLACE, SHE JUST GRADUATED FROM SCHOOL, SHE
22 WANTED A PLACE TO RESIDE IN. THIS WAS A CONVENIENT PLACE FOR
23 BOTH OF US.
24 Q. OKAY. DID YOUR MOTHER HAVE A SURGERY AROUND JUNE OF
25 1995?
1 A. YES.
2 Q. DO YOU KNOW WHAT THAT WAS FOR?
3 A. THAT WAS HER GALLBLADDER REMOVAL.
4 Q. DID HER CIRCUMSTANCES CHANGE AFTER THAT SURGERY AT THAT
5 TIME?
6 A. IT PRODUCED MORE TRAUMA IN HER EMOTIONAL CONDITION THAN
7 HAD BEEN BEFORE, YES.
8 Q. BY MORE TRAUMA, CAN YOU TELL US MAYBE DESCRIBE FOR US
9 WHAT YOU MEAN BY THAT?
10 A. SHE WAS LESS SECURE. SHE WAS A VERY SECURE WOMAN IN HER
11 FEELINGS AND SHE LOST HER SECURITY WHEN FATHER DIED AND JUST
12 BECAME WORSE WHEN SHE WENT THROUGH THAT OPERATION. SHE WAS
13 NOT ABLE TO BE ALONE, WE NEEDED SOMEBODY WITH HER AT ALL
14 TIMES, EVEN TO THE POINT WHERE WE COULD NOT HAVE HER IN OUR
15 HOUSE BECAUSE WE WOULD HAVE BEEN THERE ALL THE TIME.
16 Q. SO WHAT ARRANGEMENTS WERE MADE FOR HER CARE AT THAT TIME?
17 A. AT THAT TIME THE ONLY CARE THAT WAS NECESSARY WAS TO HAVE
18 SOMEBODY WITH HER AT ALL TIMES THEREFORE WE MOVED HER INTO
19 THE -- I DON'T KNOW WHAT YOU CALL IT THE FIRST FLOOR OF THE
20 HOSPITAL OF THE NURSING HOME.
21 Q. THIS WAS SOUTH DAVIS?
22 A. YES.
23 Q. AND THERE WOULD BE A LONG-TERM CARE FACILITY?
24 A. YES, IT WOULD BE.
25 Q. AND DID SHE CONTINUE TO RESIDE THERE DURING THAT -- AFTER
1 THAT TIME FRAME?
2 A. YES. FROM THEN UNTIL SHE WENT TO NORTH DAVIS.
3 Q. OKAY. CAN YOU DESCRIBE FOR US, IF YOU WOULD, FROM THE
4 TIME PERIOD OF -- FROM THE JUNE TIME PERIOD WHEN SHE WENT
5 INTO THE SOUTH DAVIS CARE CENTER UP UNTIL A -- SHE HAD A
6 STROKE AS I UNDERSTAND IT IN NOVEMBER, CAN YOU DESCRIBE FOR
7 US, GENERALLY WHAT HER PHYSICAL AND MENTAL HEALTH WAS LIKE?
8 A. PHYSICALLY MOTHER WAS THE TYPE OF INDIVIDUAL THAT FELT IF
9 SHE COULD CONTINUE TO WALK THAT SHE WOULD HAVE NO PROBLEMS,
10 AND THEREFORE MOTHER HAD A CONSTANT ROUTINE OF WALKING. EACH
11 TIME THAT I WAS THERE WHEN WE'D VISITED HER, SHE'D WALK --
12 SHE'D WALK ON HER OWN, NEVER WITH A WALKER, NO PROBLEMS AT
13 ALL GETTING UP AND DOWN IN A CHAIR. SHE WAS STRONG AS AN OX
14 FOR A LADY IN HER 90S.
15 Q. DID SHE EVER COMPLAIN RELATIVE TO ANY KIND OF PHYSICAL
16 PAIN OR ANYTHING OF THAT SORT?
17 A. NO. MOTHER NEVER DID COMPLAIN ON THAT. MENTALLY
18 MOTHER -- YOU ASKED THAT PART OF IT?
19 Q. YES.
20 A. MOTHER WOULD NOT BE ABLE TO REMEMBER CERTAIN THINGS AND
21 WOULD BECOME AGITATED VERY EASILY. BUT SHE WAS ABLE TO GO IN
22 THE RECREATION ROOM WHERE SHE WOULD PLAY THE PIANO, WAS VERY
23 ACCOMPLISHED, SHE PLAYED THE PIANO AS A YOUTH AND WAS VERY
24 SOUGHT AFTER AS A PERSON TO PLAY THE PIANO AND HER MEMORY
25 STILL ALLOWED HER TO OPEN UP BOOKS, ESPECIALLY A HYMNAL OUT
1 OF THE CHURCH, ONE OF THE CHURCH BOOKS AND SHE WAS ABLE TO
2 PLAY THAT AS WELL.
3 Q. HOW OFTEN WOULD YOU VISIT HER WHEN SHE WAS AT THE --
4 A. NEARLY EVERY DAY.
5 Q. NOW YOU HAVE OTHER BROTHERS AND SISTERS, TOO?
6 A. YES.
7 Q. AND DO THEY LIVE IN THE VICINITY OF YOUR MOTHER ALSO?
8 A. I HAVE A SISTER THAT LIVES IN BOUNTIFUL AND THE OTHER
9 THREE -- WELL, MY ONE SISTER LIVED IN TUCSON AND I HAD A
10 BROTHER IN D.C. AREA AND ANOTHER BROTHER LIVED IN MOUNTAIN
11 GREEN, BUT HE WAS -- HE WORKED IN LAS VEGAS AND WOULD TRAVEL
12 BACK AND FORTH.
13 Q. DID THERE -- WAS THERE A STROKE EVENT THAT OCCURRED IN
14 NOVEMBER OF 1995?
15 A. WE WERE TOLD A STROKE HAD OCCURRED, ALTHOUGH WE NEVER
16 TESTED HER TO MAKE SURE THAT DID TAKE PLACE.
17 Q. DID YOU NOTE ANY CHANGES IN YOUR MOTHER'S BEHAVIOR
18 SUBSEQUENT TO BEING NOTIFIED THAT SHE HAD HAD A STROKE?
19 A. THERE WAS A DRASTIC CHANGE IN THE WAY SHE ACTED AT THAT
20 POINT. SHE WAS QUITE CONGENIAL WITH HER ROOMMATE. SHE DID
21 HIT HER ROOMMATE. SHE TRIED TO BITE ME ON THE EAR, WHICH WAS
22 NOT NORMAL FOR HER BEHAVIOR.
23 Q. I SEE. AND DID IT SUBSEQUENTLY RESULT IN HER BEING
24 TRANSFERRED TO THE DAVIS HOSPITAL?
25 A. YES, IT DID.
1 Q. DO YOU RECALL WHEN THAT OCCURRED?
2 A. IF MY MEMORY TAKES ME BACK, IT'S SOMEWHERE AROUND THE
3 20TH OF DECEMBER.
4 Q. ALL RIGHT. AND OF 1995?
5 A. YES.
6 Q. NOW YOU -- DID YOU ANTICIPATE IN THE ACTUAL TRANSFER OF
7 YOUR MOTHER?
8 A. I DID NOT. MY TWO SONS WENT WITH MY OLDER SISTER.
9 Q. DID YOU SEE HER SHORTLY AFTER SHE WAS TRANSFERRED TO THE
10 UNIT?
11 A. I SAW HER THAT AFTERNOON.
12 Q. AND CAN YOU DESCRIBE FOR US WHAT -- HOW SHE WAS ACTING AT
13 THAT TIME?
14 A. IRRITATED WITH US THAT WE PUT HER IN THE HOSPITAL. BUT
15 PHYSICALLY, AGAIN, WE -- OUR NORMAL ROUTINE WHEN I SAW HER
16 SHE GOT UP OUT OF THE BED AND WE WENT FOR A WALK.
17 Q. CAN YOU TELL ME, MR. SMITH, WHAT THE PURPOSE WAS FOR
18 TRANSFERRING HER TO THE UNIT?
19 A. WE WERE INFORMED BY THE -- ONE OF THE WORKERS AT SOUTH
20 DAVIS THAT MOTHER NEEDED CARE THAT THEY COULD NOT GIVE HER,
21 NO LONGER COULD SHE STAY IN THE UNIT BECAUSE OF HER
22 AGGRESSIVE BEHAVIOR, THEREFORE, SHE SAID THAT WE NEEDED TO
23 FIND A PLACE FOR HER. AND AFTER SEVERAL POSSIBILITIES THEY
24 SAID THAT THE NORTH DAVIS GEROPSYCH UNIT WAS A EXCELLENT FOR
25 HER CONDITION. THE PURPOSE WAS TO FIND OUT WHAT WOULD WORK
1 CHEMICALLY TO HELP BRING HER INTO FOCUS. WE DID NOT WANT HER
2 PUT ON TRANQUILIZERS JUST TO SEDATE HER BECAUSE MOTHER WAS
3 COHERENT. YOU COULD TALK VERY EASILY WITH HER AND WE DIDN'T
4 WANT TO LOSE THAT BECAUSE SHE WAS A GOOD PERSON TO TALK.
5 Q. I UNDERSTAND. AS A RESULT OF THE STROKE SHE SUFFERED
6 SOME APHASIA AND SHE DID HAVE SOME SPEECH PROBLEMS, IS THAT
7 CORRECT?
8 A. YES, YES.
9 Q. DID YOU NOTE ANY CHANGE FROM THE TIME OF THE STROKE UP
10 UNTIL THE TIME OF HER HOSPITALIZATION IN TERMS OF HER ABILITY
11 TO SPEAK TO YOU?
12 A. IT BECAME CLEARER. SHE WAS STILL SPEAKING -- WHEN WE
13 ENTERED NORTH DAVIS SHE WAS STILL SPEAKING WITH SOMEWHAT OF A
14 SLUR BUT ONLY SOMEWHAT. SHE WAS VERY COHERENT -- I MEAN, NOT
15 COHERENT, BUT EASILY UNDERSTOOD.
16 Q. YOUR MOTHER PASSED AWAY AS I UNDERSTAND IT ON JANUARY THE
17 8TH IS THAT CORRECT OF '96?
18 A. YES.
19 Q. AND DID YOU HAVE OCCASION FROM THE 20TH UNTIL JANUARY THE
20 8TH TO VISIT HAD WE ARE AT THE CARE CENTER?
21 A. I WOULD SAY RARELY DID I NOT VISIT HER AT LEAST ONCE A
22 DAY.
23 Q. AND WOULD THOSE VISITS OCCUR AT A PARTICULAR TIME OF DAY
24 TO YOUR RECOLLECTION?
25 A. DURING THE WEEK DAY I WOULD NORMALLY VISIT HER AROUND
1 4:30 TO 5:30 OR SOMETIMES I WOULD COME BACK IN THE EVENING
2 WITH MY WIFE. ON WEEKENDS IT WOULD BE ALMOST ANY TIME.
3 Q. AND CAN YOU TELL US -- JUST DESCRIBE FOR US WHAT CHANGES
4 YOU OBSERVED OCCUR IN YOUR MOTHER UP TO THAT TIME FRAME UP
5 UNTIL JUST PRIOR PROCEEDING HER DEATH.
6 A. WHAT I OBSERVED IS A WOMAN WHO WENT IN UNDER OWN STRENGTH
7 WHO VIGOROUSLY WALKED, NOT JUST WALKED, VIGOROUSLY WALKED TO
8 A WOMAN WHO WAS ON SATURDAY NIGHT PRIOR TO HER DEATH WAS IN A
9 CHAIR, VERY LETHARGIC, NOT ABLE TO EVEN COMPREHEND THAT SHE
10 HAD FOOD IN HER MOUTH. HER HEAD WAS DOWN, SHE HAD A BIB ON
11 AND FOOD WAS ON THE FRONT OF HER BIB AND FOOD WAS IN FRONT OF
12 HER. SHE WAS NOT ABLE TO WALK, SHE WAS NOT ABLE TO RESPOND,
13 SHE WAS NOT ABLE TO DO ANYTHING. WE HAD TO HELP HER INTO HER
14 BED. AND BASICALLY WE WHEELED HER WHEELCHAIR THAT SHE WAS
15 IN --
16 Q. AND THIS WAS ON THE SATURDAY PROCEEDING HER DEATH?
17 A. YES, THAT WOULD BE THE 6TH.
18 Q. THE 6TH? DID YOU MAKE ANY INQUIRIES OF -- OR DID YOU
19 EVER MEET THE DEFENDANT DURING THAT TIME FRAME UP UNTIL THE
20 6TH?
21 A. PRIOR TO THAT POINT IN MY MEMORY I REMEMBER SEEING HIM.
22 I DO NOT RECALL AN ACTUAL VISIT WITH HIM. IF I COULD HAVE
23 HAD ONE BUT THAT WOULD HAVE BEEN THE EXTENT OF ANY
24 CONVERSATION, AND IT WOULD HAVE BEEN A VERY SHORT AND BRIEF
25 ONE IF IT HAD OCCURRED.
1 Q. WERE YOU EVER ADVISED AS TO WHAT TYPES OF MEDICATIONS
2 WERE BEING ADMINISTERED TO YOUR MOTHER AT THE CARE CENTER --
3 I MEAN, AT THE GEROPSYCH UNIT?
4 A. JUST THE FACT THAT THEY WERE APPROPRIATE MEDICINE. WE
5 WERE NOT TOLD SPECIFICS, NO.
6 Q. AFTER MAKING THESE OBSERVATIONS ON THE 6TH OF JUNE, DID A
7 MEETING OCCUR BETWEEN YOU AND THE DOCTOR THE SUBSEQUENT DAY?
8 A. WE WERE INFORMED THAT DR. WEITZEL WANTED TO MEET WITH US
9 ON SUNDAY EVENING, THE 7TH, IF I REMEMBER CORRECTLY ABOUT 8
10 O'CLOCK AT NIGHT.
11 Q. AND DID YOU ATTEND A MEETING AT THAT TIME?
12 A. YES, I DID.
13 Q. AND CAN YOU TELL US WHO WAS PRESENT AT THAT MEETING?
14 A. AT THAT MEETING OTHER THAN DR. WEITZEL AND MYSELF THERE
15 WAS MY WIFE, MY OLDER BROTHER AND HIS WIFE AND THAT'S ALL
16 I CAN’T RECALL EVER -- WELL, I DON'T REMEMBER. I THINK MY
17 OLDER SISTER WAS THERE, TOO.
18 Q. OKAY. AND DO YOU RECALL THE DISCUSSION THAT ENSUED AT
19 THAT MEETING?
20 A. YES.
21 Q. DO YOU RECALL DR. WEITZEL TALKING TO YOU ABOUT THE
22 CONDITION OF YOUR MOTHER?
23 A. YES.
24 Q. WHAT DID HE SAY IF ANYTHING AT THAT TIME?
25 A. AT THAT TIME, HE HAD INFORMED US THAT A LIFE THREATENING
1 CONDITION HAD TAKEN PLACE, THAT IF WE WOULD LIKE TO HE WOULD
2 BE WILLING TO SEND HER INTO THE OTHER PART OF THE HOSPITAL
3 WHERE THEY COULD RUN TESTS ON HER. HE SAID THAT HE WOULD NOT
4 ADVISE IT, SHE WAS 90 YEARS OF AGE, THERE WASN'T ANYTHING
5 THERE COULD THAT COULD BE CURED. AND HIS ADVICE AS OUR
6 DOCTOR WAS JUST TO LET HER PEACEFULLY PASS AWAY.
7 Q. DO YOU RECALL HIM SPECIFICALLY CHARACTERIZING IT AS A
8 LIFE THREATENING CONDITION?
9 A. YES.
10 Q. DID HE GET MORE SPECIFIC THAN THAT AS TO WHAT KIND OF
11 CONDITION OR SPECIFICALLY AS TO SHE WAS SUFFERING FROM?
12 A. I DID ASK THAT AND HE SAID WE WOULD HAVE TO GO THROUGH
13 MEDICAL TESTING TO SEE WHAT THAT WOULD BE.
14 Q. I SEE.
15 A. AND THAT'S WHEN HE SAID SHE WAS A 90-YEAR-OLD WOMAN AND
16 HE DID NOT ADVISE THAT.
17 Q. WHAT WAS HER CONDITION AT THE HOSPITAL AT THE TIME WHEN
18 YOU HAD THE MEETING? CAN YOU DESCRIBE HOW SHE WAS PHYSICALLY
19 RESPONDING OR ACTING AT THAT TIME?
20 A. AT THAT TIME THERE WAS NO RESPONSE AT ALL. SHE WAS
21 LAYING IN HER BED, WE WERE NOT THAT FAR FROM HER WHEN THE
22 DOCTOR WAS TALKING ABOUT HER AT THAT TIME. SHE WAS NOT
23 RESPONDING MENTALLY OR PHYSICALLY OR ANYTHING.
24 Q. CAN YOU TELL US, MR. SMITH, DID THE DOCTOR GET SPECIFIC
25 AS TO WHAT KIND OF COMFORT MEASURES WOULD BE GIVEN TO YOUR
1 MOTHER?
2 A. HE LISTED US SEVERAL DIFFERENT POSSIBILITIES AND THEN WE
3 JUST RESPONDED. AND BECAUSE OF MY FATHER HAVING GONE THROUGH
4 A SIMILAR SITUATION, DIFFERENT PHYSICALLY, BUT LIFE
5 THREATENING WHERE HIS HEART COULD BE GIVEN OUT, I KIND OF
6 KNEW THAT -- WE HAD BEEN ADVISED AT THAT TIME JUST TO LET HIM
7 GO PEACEFULLY WITHOUT INJECTING A LOT THINGS INTO HIM,
8 PROLONGING A LIFE THAT WOULD JUST GO ANYWAY. IT WOULD JUST
9 MAKE IT MORE DIFFICULT FOR YOU.
10 Q. SO DO YOU RECALL SIGNING ANY DOCUMENTS AT THAT TIME
11 RELATED TO --
12 A. I DO NOW, YES.
13 Q. -- GIVING DIRECTIONS?
14 A. YES, I DO.
15 Q. AND IT WAS YOUR FEELING AT THAT TIME THAT YOU SHOULD WITH
16 HOLD ANY HEROIC MEASURES?
17 A. YES.
18 Q. SUBSEQUENT TO THAT PARTICULAR MEETING WERE YOU ADVISED OF
19 YOUR MOTHER'S PASSING?
20 A. I WAS CALLED AT WORK THE NEXT DAY AND TOLD THAT MOTHER
21 HAD PASSED AWAY.
22 Q. DID YOU EVER HAVE ANY OTHER MEETING OR CONVERSATION WITH
23 THE DEFENDANT EITHER -- WELL, AFTER THAT PARTICULAR
24 CONVERSATION THAT OCCURRED ON THE 7TH?
25 A. NO.
1 Q. WERE YOU EVER ADVISED -- WELL, STRIKE THAT.
2 THE COURT: YOU NEED TO MOVE MR. WILSON, PLEASE.
3 MR. WILSON: THANK YOU, YOUR HONOR. I DON'T THINK I
4 HAVE ANY FURTHER QUESTIONS AT THIS TIME, JUDGE.
5 THE COURT: MS. ISAACSON CROSS-EXAMINE.
6 MS. ISAACSON: YES, THANK YOU.
7 CROSS-EXAMINATION
8 BY MS. ISAACSON:
9 Q. MR. SMITH, MY NAME IS TARA ISAACSON. I'M ONE OF THE
10 ATTORNEYS THAT REPRESENTED DR. WEITZEL. I'M GOING TO HAVE
11 YOU LOOK AT SOME DOCUMENTS WITH ME RELATED TO YOUR MOTHER'S
12 HISTORY.
13 NOW, YOUR MOTHER WAS 90 YEARS OLD WHEN SHE WAS ADMITTED
14 TO THE GEROPSYCHIATRIC UNIT?
15 A. YES.
16 Q. AND ALTHOUGH YOU DIDN'T INITIALLY TAKE HER THERE, YOU
17 WERE THERE DURING THE FIRST DAY WHEN SHE WAS ADMITTED?
18 A. YES.
19 Q. DO YOU RECALL SIGNING ANY DOCUMENTS AT THE HOSPITAL?
20 A. VAGUELY POSSIBLE. I WAS ONE OF THE EXECUTORS OF THE
21 ESTATE, AND THEREFORE, KIND OF DID SOME OF THE THINGS. I
22 COULD HAVE.
23 Q. LET ME SHOW YOU WHAT IS STATE'S EXHIBIT 5B. IT'S CALLED
24 A PHOTOGRAPHIC CONSENT FORM. IT LOOKS LIKE -- IS THAT YOUR
25 SIGNATURE THAT I CAN SEE THERE?
1 A. YES, IT IS.
2 THE COURT: MR. SMITH, IF YOU NEED TO MOVE OVER,
3 YOU'RE WELCOME TO DO THAT.
4 THE WITNESS: I CAN SEE IT.
5 Q. (BY MS. ISAACSON) YOUR SIGNATURE DATED 12/20/95, THE DAY
6 YOUR MOTHER WAS ADMITTED THEN?
7 A. I MUST HAVE BEEN THERE THEN.
8 Q. AND DO YOU RECALL THEM ACTUALLY TAKING A PHOTOGRAPH OF
9 YOUR MOTHER?
10 A. NO.
11 Q. I'M GOING TO SHOW YOU A COLOR VERSION OF THAT PHOTOGRAPH.
12 IS THAT HOW YOUR MOTHER APPEARED WHEN SHE WAS ADMITTED TO THE
13 UNIT?
14 A. NOT THE WAY I REMEMBER. THAT WAS NOT -- MOTHER DID NOT
15 APPEAR THAT WAY TO ME WHEN SHE ENTERED THE UNIT.
16 MS. ISAACSON: AND, YOUR HONOR, FOR REFERENCE THIS
17 IS P2.
18 THE COURT: THANK YOU.
19 Q. (BY MS. ISAACSON) LET ME GO OFF THE DOCUMENTS FOR A
20 MINUTE. YOU MENTIONED IN YOUR DIRECT TESTIMONY THAT YOU WERE
21 SURPRISED -- THAT YOUR MOTHER CAME INTO THE UNIT VERY HEALTHY
22 AND COMMUNICATIVE AND DOING QUITE WELL, IS THAT RIGHT?
23 A. YES.
24 Q. BUT WASN'T IT TRUE THAT ACTUALLY SHE CAME TO THE UNIT
25 BECAUSE THE NURSING HOME SAID WE SIMPLY CANNOT HANDLE HER
1 ANYMORE?
2 A. EMOTIONALLY, YES.
3 Q. AND PHYSICALLY SHE WAS DANGEROUS TO OTHER PEOPLE?
4 A. YES.
5 Q. AND PHYSICALLY SHE WAS PROBABLY DANGEROUS TO HERSELF?
6 A. I DO NOT KNOW THAT.
7 Q. WELL, THERE WERE --
8 A. THEY NEVER REFERRED TO THAT AS BEING A PROBLEM.
9 Q. WELL, THERE WERE TIMES WHERE SHE WOULDN'T EAT?
10 A. SHE ATE VERY WELL AT MY HOUSE.
11 Q. WELL, WHILE SHE WAS AT THE NURSING HOME THERE WERE TIMES
12 WHEN SHE WOULD REFUSE TO EAT?
13 A. YES. SHE DID NOT LIKE THEIR FOOD.
14 Q. AND YOU UNDERSTAND THAT IF A PERSON DOESN'T EAT, THEY CAN
15 DIE?
16 A. OH, YES.
17 Q. SO THE OPTION IF SOMEONE IS REFUSING TO EAT IS TO
18 FORCE-FEED THEM WITH IV OR FORCE A GASTRIC TUBE OR SOMETHING
19 LIKE THAT?
20 A. YES.
21 Q. AND WITH REGARD TO HER AGGRESSIVENESS AND COMBATIVENESS,
22 THE NURSING HOME HAD TRIED TO GIVE HER PSYCHOTROPIC
23 MEDICATIONS. THEY TRIED TO GIVE HER MEDICATIONS TO CALM
24 DOWN, WERE YOU AWARE OF THAT?
25 A. NO, I WAS NOT.
1 Q. WERE YOU HERE IN THE COURTROOM WHEN DR. SOUTHWORTH
2 TESTIFIED TODAY?
3 A. NO.
4 Q. WELL, HE INDICATED THAT HE GAVE HER A NUMBER OF SEDATIVE
5 MEDICATIONS AND THAT THEY DIDN'T PUT A DENT IN HER AGGRESSION
6 OR BEHAVIOR, WERE YOU AWARE OF THAT?
7 A. NO.
8 Q. AND YOU UNDERSTAND THAT IF YOUR MOTHER IS STRIKING OUT,
9 THAT ONE OF THE OPTIONS THAT THE NURSING HOME HAS IS TO
10 PHYSICALLY RESTRAIN HER?
11 A. YES.
12 Q. AND THAT IS NOT SOMETHING THAT YOU OR YOUR MOTHER WOULD
13 WANT?
14 A. THEY DID RESTRAIN HER.
15 Q. AND THAT IS NOT SOMETHING THAT YOU LIKED TO SEE HAPPEN TO
16 YOUR MOTHER?
17 A. NO.
18 Q. AND YOUR PREFERENCE WOULD BE, IF POSSIBLE, TO SOMEHOW
19 SEDATE HER OR GIVE HER MEDICATIONS WHERE SHE WON'T BE
20 AGGRESSIVE? THAT WOULD BE YOUR PREFERENCE, THAT WOULD BE
21 YOUR FAMILY'S PREFERENCE?
22 A. THAT WAS NOT WHAT THEY TOLD US AT THE HOSPITAL.
23 Q. IF YOUR MOTHER WAS VERY AGGRESSIVE AND STRIKING OUT AND
24 THEY WERE --
25 A. YES. OKAY. YES TO YOUR QUESTION BUT THAT WAS NOT AN
1 OPTION TOLD TO US.
2 Q. NOW, TO THE MEETING WITH DR. WEITZEL I UNDERSTAND THAT
3 THAT TOOK PLACE ON JANUARY 7TH, IS THAT RIGHT, A SUNDAY?
4 A. YES.
5 Q. AND FIVE OF YOU WERE THERE IN THE ROOM; YOUR OLDER
6 BROTHER, HIS WIFE, YOUR SISTER, AND YOUR WIFE WERE THERE IN
7 THE ROOM?
8 A. RIGHT.
9 Q. AND DR. WEITZEL?
10 A. RIGHT.
11 Q. AND ALL OF YOU WERE INVOLVED IN THIS CONVERSATION WITH
12 DR. WEITZEL ABOUT YOUR MOTHER'S CONDITION?
13 A. YES.
14 Q. AND HE TOLD YOU YOUR MOTHER WAS DYING?
15 A. YES.
16 Q. AND HE TOLD YOU YOU HAVE THE OPTION, WE CAN SEND YOUR
17 MOTHER TO THE ICU, WE CAN SEND YOUR MOTHER TO HAVE DIAGNOSTIC
18 TESTS, HE DIDN'T RECOMMEND IT, BUT HE TOLD YOU THAT WAS A
19 VIABLE OPTION?
20 A. YES.
21 Q. AND YOU DECLINED THAT OPTION?
22 A. ON HIS RECOMMENDATION, YES.
23 Q. AND YOU UNDERSTOOD THAT WHEN HE TOLD YOU THAT HE COULD
24 KEEP HER COMFORTABLE, THAT THAT WOULD INCLUDE GIVING HER
25 MEDICATIONS?
1 A. YES.
2 Q. AND YOU SAID WE DON'T WANT ANY HEROIC MEASURES DONE?
3 A. YES.
4 Q. AND ON JANUARY 7TH YOU ACTUALLY SAT DOWN WITH DR. WEITZEL
5 AND SIGNED A MEDICAL TREATMENT PLAN FOR YOUR MOTHER?
6 A. TO BE CORRECT, I WOULD HAVE TO SAY WE STOOD.
7 Q. OKAY. YOU STOOD AND YOU REVIEWED A DOCUMENT AND
8 INDICATED WHAT KIND OF TREATMENT YOU WANTED FOR YOUR MOTHER?
9 A. YES.
10 Q. LET'S GO TO STATE'S 5B MED 811. THIS IS THE MEDICAL
11 TREATMENT FORM, IT HAS DR. WEITZEL'S NAME AT THE TOP THERE.
12 AND THEN IS THAT YOUR SIGNATURE AGAIN DOWN AT THE BOTTOM?
13 A. YES, IN BOTH CASES.
14 Q. AND IT SAYS JANUARY 7TH, 1996?
15 A. RIGHT.
16 Q. WE HAVE A GOT LISTED HERE THE THINGS THAT YOU AS YOUR
17 MOTHER'S REPRESENTATIVE DECIDED ON JANUARY 7TH WOULD OR WOULD
18 NOT BE DONE. AND YOU INDICATED THAT YOU DIDN'T WANT OXYGEN,
19 YOU DIDN'T WANT RESPIRATION, NO SUCTIONING, NO VENTILATION,
20 NO CPR, NO CHEST COMPRESSION, NO CARDIAC MEDICATION, NO
21 DEFIBRILLATION, NO CHEMOTHERAPY RADIATION SURGERY, NO FLUIDS,
22 NO FEEDING, EITHER NASAL OR GASTRIC, AND ABSOLUTELY NO
23 ANTIBIOTICS, AND OF COURSE, FIRST, DO NOT RESUSCITATE. WERE
24 THOSE DECISIONS THAT YOU MADE ON BEHALF YOUR MOTHER ON
25 JANUARY 6TH, 1997?
1 A. BASED UPON A DOCTOR'S RECOMMENDATION, YES.
2 Q. AND YOU DIDN'T WANT YOUR MOTHER TO SUFFER?
3 A. NO.
4 MS. ISAACSON: I HAVE NOTHING FURTHER.
5 THE COURT: REDIRECT.
6 MR. WILSON: TARA, COULD YOU PUT THAT DOCUMENT BACK
7 ON FOR JUST A SECOND, IF YOU WOULD, PLEASE.
8 MS. ISAACSON: SURE. DO YOU WANT THE BIG ONE OR THE
9 SMALL ONE.
10 MR. WILSON: CAN YOU MOVE IT DOWN? YEAH. THAT ONE
11 THAT ONE RIGHT THERE.
12 THE COURT: WHAT ARE YOU REFERRING TO, MR. WILSON?
13 MR. WILSON: PARDON ME?
14 THE COURT: WHAT EXHIBIT ARE YOU REFERRING TO?
15 MR. WILSON: THIS IS IT LOOKS LIKE MED RECORD.
16 THE COURT: 811.
17 MS. ISAACSON: STATE'S 5B MED 811.
18 MR. WILSON: 811 -- EXCUSE ME.
19 DIRECT EXAMINATION
20 BY MR. WILSON:
21 Q. I'M GOING TO SHOW YOU A COPY OF THAT IF YOU WANT TO REFER
22 TO IT FOR A MINUTE. I NOTE THAT THERE'S NO PATIENT'S NAME ON
23 THE TOP LINE.
24 A. YES, I SEE THERE'S NO PATIENT'S NAME.
25 Q. AND IN RESPECT TO THE -- IT BEARS THE NAME OF ROBERT
1 WEITZEL, M.D., BUT THERE IS NO CONDITION LISTED AT -- THAT
2 WAS DESIGNATED THAT YOUR MOTHER WAS SUFFERING FROM AT THAT
3 TIME, IS THAT CORRECT?
4 A. CORRECT.
5 Q. DO YOU KNOW WHAT THIS IS? WAS THAT FILLED OUT IN FRONT
6 OF DR. WEITZEL AT THE TIME?
7 A. I DO NOT KNOW -- I CANNOT RECALL WELL ENOUGH TO KNOW
8 WHETHER WE FILLED IT OUT AT THAT TIME. I KNOW WE DID THE
9 BOTTOM PART TOGETHER, BUT AS FAR AS THE TOP PART, I DO NOT
10 RECALL.
11 Q. OKAY. PRIOR TO THE 7TH OF JANUARY, HAD YOU HAD ANY
12 DISCUSSIONS AT THE DAVIS GEROPSYCH UNIT CONCERNING A MEDICAL
13 TREATMENT PLAN?
14 A. NO.
15 MR. WILSON: THANK YOU. I HAVE NO FURTHER
16 QUESTIONS.
17 THE COURT: RECROSS.
18 MS. ISAACSON: JUST QUICKLY, YOUR HONOR.
19 RECROSS-EXAMINATION
20 BY MS. ISAACSON:
21 Q. UP IN THIS RIGHT-HAND CORNER THERE'S A LITTLE NOTE OR
22 LITTLE IMPRINT THAT SAYS LYDIA SMITH, THAT'S YOUR MOTHER'S
23 NAME?
24 A. YES.
25 MS. ISAACSON: NOTHING FURTHER.
1 THE COURT: MR. WILSON, ANYTHING FURTHER?
2 MR. WILSON?
3 MR. WILSON: PARDON?
4 THE COURT: ANYTHING FURTHER?
5 MR. WILSON: I HAVE NOTHING FURTHER AT THIS TIME.
6 THE COURT: MAY THIS WITNESS BE EXCUSED?
7 MR. WILSON: HE MAY.
8 THE COURT: MS. ISAACSON?
9 MS. ISAACSON: YES.
10 THE COURT: MR. SMITH, YOU MAY BE EXCUSED. THANK
11 YOU FOR TESTIFYING.