Sharon Smith
12 MR. WILSON: WE'D CALL SHARON SMITH AT THIS TIME,
13 YOUR HONOR.
14 THE COURT: IS SHE GOING TO TELL ME ANYTHING
15 DIFFERENT, MR. WILSON?
16 MR. WILSON: YES, SHE WILL, YOUR HONOR.
17 THE COURT: KAREN SMITH?
18 MR. WILSON: SHARON.
19 THE COURT: SHARON. MRS. SMITH, WOULD YOU STEP UP
20 HERE, PLEASE. COME RIGHT UP TO THE FRONT. IF YOU'D YOUR
21 RIGHT HAND, PLEASE, AND FACE THE CLERK SHE'LL PLACE YOU UNDER
22 OATH.
23 SHARON OSMOND SMITH,
24 HAVING BEEN DULY SWORN, WAS EXAMINED AND
25 TESTIFIED AS FOLLOWS:
1 THE COURT: IF YOU'LL HAVE A SEAT UP HERE, PLEASE.
2 GIVE US YOUR FULL NAME AND SPELL YOUR LAST NAME FOR US.
3 THE WITNESS: THANK YOU. MY NAME IS SHARON OSMOND
4 SMITH, S-M-I-T-H.
5 DIRECT EXAMINATION
6 BY MR. WILSON:
7 Q. SHARON, WHERE DO YOU CURRENTLY RESIDE?
8 A. I RESIDE IN CENTERVILLE.
9 Q. AND YOU'RE THE WIFE OF KENT SMITH?
10 A. YES.
11 Q. AND THE DAUGHTER-IN-LAW OF LYDIA SMITH?
12 A. YES.
13 Q. SHARON I WANT TO TAKE YOU TO THE TIME THAT YOUR
14 MOTHER-IN-LAW WAS ADMITTED TO THE GEROPSYCH UNIT AT THE DAVIS
15 HOSPITAL?
16 A. YES.
17 Q. DO YOU RECALL THAT TIME?
18 A. YES.
19 Q. DID YOU VISIT WITH HER AT THE HOSPITAL?
20 A. I DID.
21 Q. AND WERE YOU PRESENT ON THE 7TH OF JANUARY OF 1996 WHEN A
22 CONVERSATION TOOK PLACE BETWEEN THE DEFENDANT AND YOUR OTHER
23 FAMILY MEMBERS?
24 A. I WAS THERE.
25 Q. CAN YOU TELL US, IN THAT CONVERSATION, WAS THERE ANY
1 REFERENCES BY THE DEFENDANT IN RESPECT TO ANY MEDICATIONS
2 THAT WERE BEING ADMINISTERED TO YOUR MOTHER-IN-LAW?
3 A. HE DID NOT TELL WHAT MEDICATIONS WERE BEING GIVEN TO HER
4 THAT NIGHT, AS FAR AS I REMEMBER.
5 Q. DO YOU RECALL -- AND COULD YOU DESCRIBE JUST BRIEFLY THE
6 CONDITION OF YOUR MOTHER-IN-LAW THAT NIGHT?
7 A. SHE WAS LYING IN HER BED, SHE WAS -- APPEARED TO BE LIKE
8 IN A COMATOSE STATE. SHE DID NOT REALLY MOVE -- SHE DID NOT
9 MOVE OR RESPOND TO ANYBODY TALKING TO HER. THE ONLY THING
10 SHE DID WAS LIFT HER ARM TWICE, LIKE THAT (INDICATING).
11 Q. DID THE CONVERSATION WITH THE DOCTOR TAKE PLACE IN THE
12 ROOM?
13 A. IT DID.
14 Q. DO YOU RECALL HIM MAKING A STATEMENT CONCERNING YOUR
15 MOTHER-IN-LAW?
16 THE COURT: WHO'S HIM, MR. WILSON?
17 MR. WILSON: EXCUSE ME.
18 Q. (BY MR. WILSON) DO YOU RECALL THE DEFENDANT MAKING A
19 STATEMENT CONCERNING YOUR MOTHER-IN-LAW?
20 A. YES.
21 Q. AND WHEN IN THE CONTEXT OF THAT CONVERSATION WAS THIS
22 STATEMENT MADE?
23 A. HE HADN'T BEEN IN THE ROOM TOO LONG. HE JUST REFERRED
24 TO -- DO YOU WANT ME TO -- HE JUST REFERRED TO HER AS A
25 CRABBY OLD LADY, UNHAPPY LADY, DIDN'T KNOW WHY SHE'D WANT TO
1 LIVE, SHOULDN'T LIVE AND WAS ALONG THAT LINE.
2 Q. I SEE. DO YOU KNOW WHETHER -- DID YOU TALK TO HIM ABOUT
3 THAT STATEMENT OR DID YOU SAY ANYTHING TO HIM ABOUT THAT
4 STATEMENT?
5 A. I DID NOT SAY ANYTHING TO HIM. I TALKED AMONG OTHER
6 FAMILY MEMBERS ABOUT IT.
7 Q. ARE YOU AWARE WHETHER OTHERS IN THE ROOM HEARD THAT
8 STATEMENT?
9 A. I DON'T KNOW WHETHER THEY HEARD EXACTLY THE WAY I HEARD
10 IT. IT'S JUST THAT WE TALKED ABOUT HOW WE KNEW HE DIDN'T
11 HAVE A LIKENESS FOR HER.
12 Q. THE FOLLOWING DAY DID YOU HAPPEN TO BE IN YOUR
13 MOTHER-IN-LAW'S ROOM?
14 A. I WAS.
15 Q. AND APPROXIMATELY WHAT TIME OF DAY WERE YOU THERE?
16 A. I WAS THERE BEFORE 8 O'CLOCK.
17 Q. CAN YOU AGAIN DESCRIBE FOR US IF YOU WOULD WHAT YOU
18 OBSERVED ABOUT YOUR MOTHER-IN-LAW ON THAT OCCASION, WHERE WAS
19 SHE IN THE ROOM?
20 A. SHE WAS IN HER BED. SHE WAS MAKING NO MOVEMENTS AT ALL.
21 THE NURSE TOLD US THAT WE SHOULD TALK TO HER BECAUSE SHE WAS
22 DYING. AND MY DAUGHTER AND I TALKED TO HER, TOLD HER --
23 TALKED TO HER ABOUT MEMORIES AND SO FORTH AND SHE NEVER MADE
24 ACKNOWLEDGMENT THAT SHE HEARD WHAT WE WERE SAYING. SHE MADE
25 NO MOVEMENTS AT ALL. SHE JUST LAID THERE.
1 Q. DID YOU EVER SEE THE DEFENDANT DURING THAT TIME?
2 A. I DID NOT.
3 Q. DID YOU EVER SEE ANY MEDICATIONS BEING ADMINISTERED TO
4 YOUR MOTHER-IN-LAW AT THAT TIME?
5 A. A NURSE GAVE HER A SHOT WHILE I WAS THERE, WHILE MY
6 DAUGHTER AND I WERE THERE.
7 Q. DO YOU KNOW WHAT TYPES OF MEDICATIONS WERE ADMINISTERED
8 TO HER?
9 A. THE NURSE DIDN'T SAY WHAT IT WAS. SHE JUST SAID IT
10 WAS -- SHE WAS GIVING HER A SHOT TO KEEP HER COMFORTABLE.
11 Q. ALL RIGHT. DID YOU NOTE ANYTHING ABOUT YOUR
12 MOTHER-IN-LAW DURING THE TIME FRAME YOU WERE THERE INDICATING
13 ANY UNCOM -- ANY DISCOMFORT?
14 A. SHE WAS NOT THRASHING, SHE WAS NOT MOVING. SHE WAS --
15 SHE WAS JUST LYING THERE.
16 Q. OKAY.
17 A. HER BREATHING WAS A LITTLE HEAVIER BUT SHE WAS NOT
18 THRASHING ABOUT.
19 Q. WHEN YOU SAY HER BREATHING WAS A LITTLE HEAVIER, CAN YOU
20 DESCRIBE THE BREATHING FOR US?
21 A. IT WAS MORE LIKE A RATTLE, LIKE SHE HAD -- IT WAS MORE
22 LIKE A RATTLE.
23 Q. HOW LONG DID YOU STAY?
24 A. I WAS THERE UNTIL 12 O'CLOCK AND MY SISTER-IN-LAW CAME
25 IN.
1 Q. AND YOU LEFT AT THAT TIME?
2 A. I LEFT BECAUSE I HAD A DOCTORS APPOINTMENT SO -- I
3 PLANNED ON COMING BACK.
4 MR. WILSON: I HAVE NO FURTHER QUESTIONS. THANK
5 YOU.
6 THE COURT: CROSS-EXAMINE, MS. ISAACSON?
7 MS. ISAACSON: YES THANK YOU.
8 CROSS-EXAMINATION
9 BY MS. ISAACSON:
10 Q. MRS. SMITH, MY NAME IS TARA ISAACSON. I'M ONE OF THE
11 ATTORNEYS THAT REPRESENTS DR. WEITZEL.
12 I UNDERSTAND THAT YOU VISITED YOUR MOTHER-IN-LAW ON THE
13 UNIT A NUMBER OF TIMES BETWEEN DECEMBER 20TH AND JANUARY 9TH.
14 A. YES.
15 Q. BETWEEN FIVE AND SEVEN TIMES?
16 A. RIGHT.
17 Q. AND UP UNTIL JANUARY 6TH SHE WAS EXTREMELY AGITATIVE AND
18 COMBATIVE?
19 A. SHE -- SHE WANTED US TO TAKE HER OUT. SHE WAS UNHAPPY
20 BEING THERE. SHE DID NOT LIKE WHAT THEY WERE DOING TO HER.
21 Q. HAVE YOU EVER -- WOULD YOU DESCRIBE HER AS BEING
22 AGITATIVE AND COMBATIVE?
23 A. YES. THAT WAS ONE OF THE REASONS WHY WE HAD HER THERE.
24 Q. OKAY. AND SHE DIDN'T LIKE BEING IN A NURSING HOME, SHE
25 DIDN'T LIKE BEING IN ANOTHER FACILITY?
1 A. NO, SHE DIDN'T.
2 Q. SHE WANTED TO GO HOME?
3 A. YES.
4 Q. AND THAT WASN'T AN OPTION FOR YOUR MOTHER-IN-LAW?
5 A. THAT WAS NOT AN OPTION AT THAT TIME.
6 Q. NOW, ON JANUARY 7TH, DR. WEITZEL HAD COMMUNICATED TO THE
7 FAMILY THAT HE WOULD LIKE TO MEET WITH THE FAMILY?
8 A. I CALLED THE HOSPITAL AND THEN -- TO FIND -- TO TALK TO
9 HIM ABOUT HER CONDITION THAT MORNING AND THE NURSE SAID TO ME
10 THAT DR. WEITZEL WOULD LIKE TO MEET WITH THE FAMILY THAT
11 NIGHT.
12 Q. SO HE WANTS TO HAVE THIS MEETING, AND IF I UNDERSTAND
13 RIGHT, IT WAS IN YOUR MOTHER-IN-LAW'S ROOM AT THE HOSPITAL?
14 A. IT WAS.
15 Q. AND YOUR HUSBAND WAS THERE WHO JUST TESTIFIED?
16 A. YES.
17 Q. AND YOUR SISTER-IN-LAW, BONNIE, WAS THERE?
18 A. RIGHT.
19 Q. YOUR BROTHER-IN-LAW, HAROLD, WAS THERE?
20 A. YES.
21 Q. HAROLD'S WIFE WAS THERE?
22 A. YES.
23 Q. AND YOUR MOTHER-IN-LAW WAS IN THE ROOM?
24 A. THAT'S RIGHT.
25 Q. AND DR. WEITZEL COMES INTO THE ROOM AND HE SAYS THAT YOUR
1 MOTHER-IN-LAW IS DYING? IT'S ONE OF THE THINGS THAT HE
2 COMMUNICATED?
3 A. YES.
4 Q. HE INDICATED THAT HE WOULD MAKE HER COMFORTABLE?
5 A. HE -- YES. HE WOULD -- NEAR THE END HE SAID WE WOULD DO
6 THINGS TO MAKE HER COMFORTABLE.
7 Q. AND YOUR HUSBAND HAS TESTIFIED TODAY THAT HE INDICATED
8 THAT AN OPTION WAS TO SEND HER TO THE ICU OR INTO FURTHER
9 TESTING, DO YOU RECALL HIM TELLING YOU THAT?
10 A. THE THING THAT I RECALL WAS THAT HE ASKED ABOUT LIFE
11 SAVING MEASURES.
12 Q. OKAY. AND THERE'S AT LEAST A 10-MINUTE CONVERSATION
13 BETWEEN ALL OF THESE FAMILY MEMBERS AND DR. WEITZEL?
14 A. YES.
15 Q. AND DURING THE COURSE OF THAT CONVERSATION, HE SAID LOUD
16 ENOUGH FOR YOU TO HEAR AND FOR THE PEOPLE IN THE ROOM TO HEAR
17 THAT SHE WAS A VERY UNHAPPY OLD LADY AND SHE DIDN'T DESERVE
18 TO LIVE?
19 A. HE CAME -- HE SAID THAT AROUND AT THE FIRST PART OF IT,
20 YES.
21 Q. SO RIGHT WHEN HE WALKED IN WAS FIRST SPEAKING WITH THE
22 FAMILY HE MADE THIS --
23 A. I'M NOT SAYING IT WAS RIGHT AT THE FIRST PART WHEN HE
24 WALKED IN, BUT IT WAS AT THE FIRST PART OF THE CONVERSATION.
25 Q. WITHIN A FEW MINUTES, WITH FIVE FAMILY MEMBERS THERE,
1 WITH YOUR MOTHER-IN-LAW THERE HE MAKES A STATEMENT THAT YOUR
2 MOTHER-IN-LAW'S AN UNHAPPY OLD LADY AND I DOESN'T DESERVE TO
3 LIVE?
4 A. YES.
5 Q. NOW, ON THE NEXT DAY ON MONDAY, YOU WERE IN YOUR
6 MOTHER-IN-LAW'S ROOM AND A NURSE CAME INTO GIVE HER A SHOT?
7 A. YES.
8 Q. AND SHE TOLD YOU THAT SHE WAS DYING, THAT YOUR
9 MOTHER-IN-LAW WAS DYING?
10 A. YES.
11 Q. THAT YOU SHOULD BE TALKING TO HER?
12 A. THAT'S RIGHT.
13 Q. AND THAT SHE WAS MAKING HER COMFORTABLE?
14 A. YES.
15 Q. AND YOU DID NOT WANT YOUR MOTHER-IN-LAW TO SUFFER, DID
16 YOU?
17 A. NOBODY WANTS THEM TO SUFFER BUT SHE WASN'T SUFFERING AT
18 THAT MOMENT.
19 MS. ISAACSON: NOTHING FURTHER.
20 THE COURT: REDIRECT.
21 MR. WILSON: NO, YOUR HONOR. I HAVE NO QUESTIONS.
22 THE COURT: YOU MAY STEP DOWN, MRS. SMITH. AND
23 THANK YOU FOR TESTIFYING. MAY THIS WITNESS BE EXCUSED,
24 MR. WILSON?
25 MR. WILSON: SHE MAY, YOUR HONOR.
1 MS. ISAACSON: YES, YOUR HONOR.
2 THE COURT: YOU MAY BE EXCUSED. AND THANK YOU
3 MRS. SMITH.