761
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Trial Transcript Vols. 4 - 6
1 IN THE DISTRICT COURT OF DAVIS COUNTY
2 STATE OF UTAH
3 *****
4 STATE OF UTAH, )
)
5 PLAINTIFF, )
) REPORTER'S TRANSCRIPT
6 VS. )
) CASE NO. 991700983
7 ROBERT ALLEN WEITZEL, )
)
8 DEFENDANT. )
9 *****
10
11 TRIAL - VOLUME 4 OF 21
12 JUNE 14, 2000
13 HONORABLE THOMAS L. KAY
14
15 *****
16 APPEARANCES:
17 FOR THE STATE: MR. MELVIN C. WILSON
MR. STEVEN V. MAJOR
18 MS. CHARLENE BARLOW
19 FOR THE DEFENDANT: MR. PETER STIRBA
MR. JOHN WARREN MAY
20
21
22
23
24
25
762
1 (WHEREUPON, THE MORNING SESSION BEGINS.)
2 THE COURT: OKAY. WE ARE HERE IN THE MATTER OF THE
3 STATE OF UTAH VERSUS ROBERT ALLEN WEITZEL, AND WE'RE HERE
4 WITHOUT THE JURY BEING PRESENT. WE HAVE A LEGAL MATTER TO
5 REVIEW. WE ARGUED YESTERDAY AND EVEN THE DAY BEFORE ON THIS
6 ISSUE REGARDING THE HOSPITAL POLICY. THERE HAS BEEN A
7 MEMORANDUM FROM THE DEFENDANT SAYING -- THE DEFENDANT'S
8 TRIAL MEMORANDUM REGARDING HOSPITAL POLICIES BEING
9 INADMISSIBLE OR IRRELEVANT. THERE HAD BEEN A MEMORANDUM
10 FROM THE STATE OF THEIR MEMORANDUM OF LAW OPPOSING
11 DEFENDANT'S REQUEST TO EXCLUDE HOSPITAL POLICIES. I'VE
12 LOOKED THROUGH BOTH THE RENEWED, I GUESS, OR STATE'S EXHIBIT
13 1 WHICH WAS DIFFERENT FROM THE STATE'S EXHIBIT 1 BEFORE.
14 THIS IS A POLICY THAT SAID IT WAS REVISED JULY 1, 1993, WHEN
15 I BELIEVE THE ONE THAT WE SAW IN COURT SAID 1993, THEN
16 AMENDED TO 1996. GENERALLY, YOU KNOW, THEY'RE VERY SIMILAR
17 AND MAYBE THE FORMAT IS A LITTLE BIT DIFFERENT, BUT THE TEXT
18 WAS BASICALLY THE SAME. I NOTE THAT IN THAT DOCUMENT, THE
19 REVISED EXHIBIT 1, WHEN THEY DEFINE UNDER THE DEFINITION
20 SECTION, WHICH IS PAGE 2 OF 9 IN THE NEW EXHIBIT 1, IT SAYS
21 THAT THE PERSON WILL -- PERSONAL CHOICE AND LIVING WILL ACT,
22 THAT'S A DEFINITION, AND THEN THEY REFER TO TITLE 75 CHAPTER
23 2 PART 11 OF THE UTAH STATE CODE. AND SO THEY REFERENCE THE
24 UTAH PERSONAL CHOICE AND LIVING WILL ACT. THEN LATER, THIS
25 IS ON PAGE 9 OF 9, AND IT'S UNDER MISCELLANEOUS PROVISIONS,
763
1 IT'S PARAGRAPH 5 BUT BEGINS ON PAGE 8, BUT THEN IT'S LINE --
2 OR SUBPARAGRAPH LARGE G., AND THIS IS STILL THE HOSPITAL
3 POLICY, SAYS, PHYSICIAN AND MEDICAL CARE PROVIDERS AND THEIR
4 AGENTS ACTING IN GOOD FAITH, UNDERLINE, UNDER THE PERSONAL
5 CHOICE AND LIVING WILL ACT ARE IMMUNE FROM CRIMINAL OR CIVIL
6 ACTION OR PENALTY AND ARE NOT DEEMED TO HAVE COMMITTED
7 UNPROFESSIONAL CONDUCT.
8 SO IN ONE SENSE, THE ACT, THE HOSPITAL POLICY PROVIDES
9 THAT IF A PHYSICIAN OR MEDICAL CARE PROVIDER ACTS IN GOOD
10 FAITH UNDER THIS UTAH ACT, THERE'S NO LIABILITY. IN OTHER
11 PORTIONS OF THE HOSPITAL ACT, IT PUTS ADDITIONAL
12 REQUIREMENTS UPON A DOCTOR THAN THE STATE LAW DOES. ONE WAS
13 THE STANDARD THAT THEY HAVE TO DO ON TERMINAL CONDITION. IN
14 THE HOSPITAL ACT IT HAS TO BE TO A REASONABLE DEGREE OF
15 MEDICAL CERTAINTY. IT'S A LESSER IN THE UTAH STATUTE. AND
16 THEN THERE'S A QUESTION ABOUT IN MAKING THAT DETERMINATION,
17 THAT PARAGRAPH 4-B ON PAGE 3 OF 9, THAT THE TERMINAL
18 CONDITION HAS TO BE DIAGNOSED AND CERTIFIED BY TWO
19 PHYSICIANS IN THE HOSPITAL POLICY.
20 THE WAY I REVIEW THIS -- AND THERE ARE NO CASES UNDER
21 THIS UTAH ACT, BUT WHAT I LOOK AT IS SINCE THE HOSPITAL
22 POLICY SAYS THAT IF A PHYSICIAN COMPLIES WITH THE UTAH
23 PERSONAL CHOICE AND LIVING WILL ACT, HE'S IMMUNE FROM
24 CRIMINAL OR CIVIL ACTION AND PENALTY. AND THEN AFTER THEY
25 SAY THAT, THEY SAY THERE'S ADDITIONAL REQUIREMENTS THAN THE
764
1 STATE LAW PROVIDES.
2 I FIND ONE THING, THAT THE HOSPITAL POLICY IS
3 AMBIGUOUS. IT DOES CONFLICT WITH STATE LAW. AND EVEN THE
4 POLICY SAYS THAT IF YOU COMPLY WITH THE UTAH PERSONAL CHOICE
5 AND LIVING WILL ACT, YOU'RE IMMUNE FROM CRIMINAL OR CIVIL
6 ACTION. SO I'M GOING TO EXCLUDE THE HOSPITAL POLICIES FOR
7 THE REASON THAT I FIND THAT THE HOSPITAL POLICY IS
8 AMBIGUOUS, ONE. SECOND, I FIND THAT EVEN THE HOSPITAL
9 POLICY STATES THAT IF A PHYSICIAN COMPLIES IN GOOD FAITH
10 WITH THE PERSONAL CHOICE AND LIVING WILL ACT OF UTAH,
11 THEY'RE IMMUNE.
12 NOW, WHAT THIS MEANS, YOU KNOW, I DON'T KNOW IF IT'S A
13 REALLY A BIG DIFFERENCE, BUT WHAT IT MEANS IS THAT THE ISSUE
14 IS GOING -- OR ONE OF THE ISSUES WILL BE WHETHER THIS WAS
15 DONE -- WHETHER THE PHYSICIAN IN THIS CASE FOLLOWED THE UTAH
16 PERSONAL CHOICE AND LIVING WILL ACT IN GOOD FAITH. AND
17 THAT'S GOING TO BE AN ISSUE. He did.
18 SO THAT'S GOING TO BE MY RULING BASED UPON THE REASONS
19 I JUST GAVE. IS THERE ANY OTHER THING WE NEED TO DISCUSS
20 BEFORE WE BRING THE JURY IN?
21 MR. MAY: YES YOUR, HONOR. WE WOULD LIKE TO OFFER
22 A COUPLE OF EXHIBITS. FIRST OF ALL EXHIBIT 8 --
23 THE COURT: JUST A SECOND, LET ME GET MINE. OKAY.
24 DEFENDANT'S 8. WHAT IS THAT?
25 MR. MAY: D-8, YOUR HONOR, IS A -- WITH ELLEN
765
1 ANDERSON, IT'S AN ADMISSION TO PIONEER CARE CENTER FOR
2 6/24/95.
3 THE COURT: OKAY. HAVE WE GOT A COPY OF --
4 MR. MAY: YES, YESTERDAY.
5 MR. WILSON: OH, THEY GAVE IT TO US YESTERDAY.
6 MR. MAY: AND THEN D-10, YOUR HONOR, WITH MARY
7 CRANE, THIS IS AN ADMISSION TO ALTA VIEW HOSPITAL.
8 THE COURT: WHAT'S THE DATE?
9 MR. MAY: LET'S SEE, 3/30 OF '95, YOUR HONOR.
10 THE COURT: OKAY.
11 MR. MAY: AND THEN D-11 --
12 THE COURT: OKAY.
13 MR. MAY: -- IS AN ADMISSION TO ST. MARKS HOSPITAL.
14 THE COURT: WHO IS THIS FOR?
15 MR. MAY: MARY CRANE.
16 THE COURT: OKAY. ST. MARKS. WHEN?
17 MR. MAY: ST. MARKS 11/22 OF '90. IF I COULD BACK
18 UP ONE, YOUR HONOR, TO D-10.
19 THE COURT: YES.
20 MR. MAY: I SAID 3/30/95, THAT WAS 3/30/94.
21 THE COURT: '94.
22 MR. MAY: EXCUSE ME.
23 THE COURT: OKAY. AND THESE WERE PROVIDED -- WHEN
24 DID YOU PROVIDE THESE TO THE STATE?
25 MR. MAY: THESE WERE ALL PROVIDED YESTERDAY.
766
1 THE COURT: OKAY.
2 MR. MAY: AND THEN D-13, YOUR HONOR, WHICH AGAIN IS
3 FOR MARY CRANE.
4 THE COURT: OKAY.
5 MR. MAY: IT'S AN ADMISSION TO WESTERN
6 REHABILITATION INSTITUTE.
7 THE COURT: OKAY. THE DATE?
8 MR. MAY: NOVEMBER OF 1990.
9 MS. BARLOW: IS THAT THE WHOLE --
10 MR. MAY: YES, AND THAT WAS JUST PROVIDED TODAY,
11 YOUR HONOR.
12 THE COURT: WHAT IS THAT? IS THAT THE BINDER?
13 MR. MAY: YES, THE BINDER.
14 THE COURT: OKAY. OKAY. SO IT'S DEFENDANT'S
15 EXHIBIT 8, 10, 11, AND 13. AND THAT'S IN ADDITION TO 9,
16 20.1 THROUGH 20.9, AND 22 OF YESTERDAY?
17 MR. MAY: THAT'S CORRECT.
18 THE COURT: OKAY. MR. WILSON, DO YOU WANNA RESPOND
19 TO THOSE?
20 MR. WILSON: WE MAKE THE SAME REQUEST, YOUR HONOR,
21 TO RESERVE RULING ON THE ADMISSION PENDING OUR BEING ABLE TO
22 REVIEW THESE RECORDS. WE DO ANTICIPATE THAT THEY MAY BE
23 USED IN THE CONTEXT OF ANY INTERROGATION, BUT --
24 THE COURT: OKAY.
25 MR. WILSON: -- WE WANT TO RESERVE THE RIGHT TO
767
1 REVIEW THOSE BEFORE WE EITHER CONCUR IN THEIR ADMISSION OR
2 OBJECT TO THEIR ADMISSION.
3 THE COURT: ALL RIGHT. ANYTHING ELSE WE NEED TO
4 DO?
5 MR. WILSON: THAT'S IN RESPECT TO THE ONES
6 YESTERDAY AND THE ONES TODAY.
7 THE COURT: YES. ANY OTHER ITEMS WE NEED TO
8 DISCUSS?
9 MR. STIRBA: I HAVE NOTHING, YOUR HONOR.
10 THE COURT: DAVE, DO YOU WANNA JUST SEE IF THE
11 JURORS ARE ALL HERE, LET'S --
12 MR. WILSON: YOUR HONOR, PLEASE.
13 THE COURT: HOLD ON JUST A SECOND.
14 MR. WILSON: MR. MAJORS IS WITH THE WITNESSES RIGHT
15 NOW.
16 THE COURT: OKAY. WELL, LET'S --
17 MR. WILSON: MAY I HAVE FIVE MINUTES?
18 THE COURT: WE'LL JUST WAIT UNTIL 8:30.
19 MR. WILSON: THANK YOU.
20 THE COURT: OKAY. WE WILL WAIT AND START PROMPTLY
21 AT 8:30.
22 (THE JURY RETURNED TO THE COURTROOM.)
23 THE COURT: OKAY. PLEASE BE SEATED. THE RECORD
24 SHOULD REFLECT THAT THE COUNSEL ARE HERE, THE DEFENDANT IS
25 PRESENT, AND THE JURY IS ALL PRESENT. THANK YOU AGAIN,
768
1 LADIES AND GENTLEMEN, FOR BEING HERE TIMELY. WOULD YOU LIKE
2 TO CALL -- THE STATE LIKE TO CALL ITS NEXT WITNESS.
3 MR. MAJOR: WE CALL BARBARA POHLMAN TO THE STAND,
4 YOUR HONOR.
5 THE COURT: IF YOU WOULD LIKE TO COME FORWARD
6 PLEASE AND BE SWORN.
7 BARBARA POHLMAN,
8 CALLED AS A WITNESS, BEING FIRST DULY SWORN,
9 WAS EXAMINED AND TESTIFIED AS FOLLOWS:
10 DIRECT EXAMINATION
11 BY MR. MAJOR:
12 Q. MA'AM, WILL YOU STATE YOUR NAME FOR THE RECORD?
13 A. BARBARA POHLMAN.
14 Q. AND WHERE DO YOU LIVE?
15 A. BRIGHAM CITY, UTAH.
16 Q. AND, MISS POHLMAN, YOU ARE THE DAUGHTER OF ELLEN
17 ANDERSON, IS THAT CORRECT?
18 A. CORRECT.
19 Q. LET ME SHOW YOU -- HAVE THIS MARKED.
20 HOW MANY BROTHERS AND SISTERS DO YOU HAVE THAT WOULD BE
21 SONS AND DAUGHTERS OF ELLEN ANDERSON?
22 A. I HAVE ONE SISTER.
23 Q. THERE'S JUST THE TWO OF YOU?
24 A. YES.
25 Q. LET ME SHOW YOU WHAT'S MARKED FOR IDENTIFICATION AS
769
1 PLAINTIFF'S EXHIBIT NUMBER 10. ASK YOU IF YOU CAN IDENTIFY
2 THAT?
3 A. IT'S MY MOTHER.
4 Q. AND YOU PROVIDED THAT PHOTOGRAPH --
5 A. I DID.
6 Q. -- TO THE COUNTY ATTORNEY'S OFFICE?
7 A. I DID.
8 MR. MAJOR: WE'D MOVE FOR THE ADMISSION OF
9 PLAINTIFF'S EXHIBIT NUMBER 10, YOUR HONOR.
10 MR. STIRBA: NO OBJECTION, YOUR HONOR.
11 THE COURT: OKAY. IT'S RECEIVED.
12 Q. (BY MR. MAJOR) MISS POHLMAN, PRIOR TO ABOUT JUNE OF
13 1995, WHERE WAS YOUR MOTHER LIVING?
14 A. SHE WAS LIVING WITH ME.
15 Q. HOW LONG HAD SHE BEEN LIVING WITH YOU?
16 A. THREE YEARS.
17 Q. AND WHERE HAD SHE BEEN LIVING PRIOR TO THAT TIME?
18 A. IN HER HOME IN SALT LAKE CITY.
19 Q. AND HOW LONG HAD SHE BEEN LIVING ALONE? I SHOULD SAY,
20 WHEN DID YOUR FATHER DIE?
21 A. HE DIED IN 1968. 1968 HE DIED.
22 Q. OKAY. AND HAD YOUR MOTHER BEEN LIVING ALONE SINCE THAT
23 PERIOD OF TIME?
24 A. SHE HAD.
25 Q. AND WHAT WAS IT THAT BROUGHT HER TO YOUR -- TO BE LIVING
770
1 WITH YOUR HOME?
2 A. WE FELT LIKE SHE WASN'T -- SHE WAS BEGINNING TO HAVE
3 SOME PROBLEMS WITH CARING FOR HERSELF, AND WE FELT AND SHE
4 WANTED TO COME UP AND LIVE WITH US AT THAT TIME.
5 Q. HOW OLD WOULD SHE HAVE BEEN WHEN SHE CAME TO LIVE WITH
6 YOU?
7 A. SHE WOULD HAVE BEEN ABOUT 86.
8 Q. AND WHAT WAS --
9 A. OLDER THAN THAT. ABOUT EIGHTY -- ABOUT 88.
10 Q. AND WHAT WAS THE ARRANGEMENTS IN THE HOME WHEN YOU LIVED
11 WITH HER? DID SHE HAVE HER OWN ROOM?
12 A. YES, SHE HAD HER OWN ROOM. SHE HAD A -- WITH THE BED,
13 HER BEDROOM, AND THEN THERE WAS A SEATING AREA, BUT SHE
14 LIVED IN OUR HOME WITH US.
15 Q. WHO ELSE WAS LIVING IN THE HOME AT THE TIME?
16 A. MY HUSBAND AND I.
17 Q. NOW, DURING THIS PERIOD OF TIME THAT SHE WAS -- THREE
18 YEARS THAT SHE WAS LIVING WITH YOU, WHAT WAS HER GENERAL
19 HEALTH?
20 A. IT WAS GOOD. SHE NEVER WAS A -- SHE WAS FRAIL, BUT HER
21 PHYSICAL HEALTH WAS GOOD.
22 Q. DID SHE ENGAGE IN ANY TYPE OF ACTIVITIES, ANY TYPE OF
23 HOBBIES?
24 A. SHE DID A LOT OF SEWING AND NEEDLEWORK, THAT TYPE --
25 ARTS AND CRAFTS TYPE THINGS.
771
1 Q. WHAT WAS HER MENTAL HEALTH DURING THIS PERIOD OF TIME?
2 A. IT WAS STARTING TO HAVE SOME PROBLEMS WITH SENILITY.
3 JUST REPEATING THINGS OVER AGAIN AND -- AND MOSTLY THAT WAY,
4 MOSTLY REPEATING.
5 Q. ANYTHING THAT CONCERNED YOU AT ALL?
6 A. WELL, I -- JUST THAT, THAT I COULD JUST SEE THAT SHE WAS
7 NOT REMEMBERING WELL AND -- AND THAT SHE NEEDED TO HAVE MY
8 CARE.
9 Q. AND AS FAR AS HER PHYSICAL HEALTH GOES, WAS SHE BEING
10 TREATED FOR ANY TYPE OF PHYSICAL PROBLEM?
11 A. NO.
12 Q. WAS SHE EXPERIENCING ANY TYPE OF PROBLEMS WITH PAIN
13 DURING THIS PERIOD OF TIME?
14 A. WELL, SHE HAD OSTEOPOROSIS AND WOULD HAVE DISCOMFORT IN
15 SITTING FOR A LONG TIME IN A STRAIGHT CHAIR OR THINGS SUCH
16 AS THAT. BUT SHE NEVER COMPLAINED HARDLY AT ALL.
17 Q. BASED ON YOUR OBSERVATIONS DURING THIS PERIOD OF TIME,
18 WAS THERE CONTINUOUS PAIN, WOULD YOU SAY?
19 A. NO, I WOULDN'T SAY IT WAS CONTINUOUS. JUST SAY SOME
20 DAYS WERE BETTER THAN OTHERS.
21 Q. AND WHAT TYPE OF MEDICATION IF ANYTHING WAS SHE TAKING
22 FOR THAT?
23 A. AS I RECALL, IT WAS JUST MOSTLY SOMETHING LIKE TYLENOL
24 OR HEATING PAD.
25 Q. NOTHING STRONGER THAN THAT?
772
1 A. NO.
2 Q. WAS SHE SEEING A DOCTOR DURING THIS PERIOD OF TIME FOR
3 HER PAIN?
4 A. NOT FOR THE PAIN, NO.
5 Q. BUT SHE WAS SEEING A DOCTOR?
6 A. WELL, PERIODICALLY WE'D TAKE HER IN. SHE HAD DIFFERENT
7 PROBLEMS.
8 Q. DID HER OSTEOPOROSIS AND THE PROBLEMS WITH HER BACK, DID
9 IT CAUSE HER ANY PROBLEMS WITH BEING AMBULATORY OR GETTING
10 AROUND OR ANYTHING?
11 A. NO. SHE WENT OUT TO CHURCH WITH US AND TO -- TO THE
12 STORE AT TIMES, WE'D TAKE HER PLACES WITH US.
13 Q. NOW, IN JUNE OF 1995, APPARENTLY SHE HAD SOME PROBLEMS.
14 WHAT OCCURRED ON THAT OCCASION?
15 A. WELL, I WENT INTO HER ROOM IN THE MORNING AND SHE WAS
16 STANDING AT THE END OF THE BED. SHE MADE HER OWN BED IN THE
17 MORNINGS. AND SHE WAS STANDING THERE. AND SHE SAID, I
18 CAN'T MOVE. AND I ASKED HER WHAT THE PROBLEM WAS. SHE
19 SAYS, I DON'T KNOW. I JUST CAN'T MOVE. SO SHE DID WALK AND
20 I DID TAKE HER TO THE DOCTOR AND HE SAID THAT HER HIP HAD --
21 THE BONE IN IT HAD JUST DISINTEGRATED AND THAT SHE EITHER
22 HAD TO HAVE A -- SHE SHOULD HAVE SURGERY. AND I SAID, AT
23 HER AGE, I WAS CONCERNED ABOUT THAT. AND HE SAID THAT SHE
24 WOULD BE BEDRIDDEN AND WOULD BE IN PAIN IF SHE DIDN'T HAVE
25 THE SURGERY, SO I FELT I HAD NO CHOICE.
773
1 Q. WHICH DOCTOR WAS IT?
2 A. DR. SUMKO.
3 Q. SUMKO. OKAY. AND SO BASED ON HAVING THIS CONVERSATION
4 WITH DR. SUMKO, DID THEY AGREE TO GO AHEAD WITH THE
5 OPERATION?
6 A. YES.
7 Q. AND DO YOU RECALL WHEN THE OPERATION TOOK PLACE?
8 A. THE DATE?
9 Q. YEAH --
10 A. NO, I DON'T --
11 Q. -- APPROXIMATELY.
12 A. -- REMEMBER THE DATE.
13 Q. AND WERE YOU ABLE TO VISIT YOUR MOTHER AFTER THE
14 OPERATION?
15 A. YES, I DID.
16 Q. AND DID YOU HAVE A -- DID YOU HAVE AN OPPORTUNITY TO
17 HAVE A CONVERSATION WITH DR. SUMKO ABOUT THE OPERATION?
18 A. SAID IT HAD GONE VERY WELL AND THAT THINGS LOOKED GOOD
19 AND SHE SEEMED TO NOT BE IN ANY PAIN FROM IT, FROM THE
20 SURGERY. I NOTICED THAT SHE WAS VERY -- TO ME, FROM THE
21 TIME SHE CAME OUT OF THE SURGERY, HER MENTAL STATE WAS
22 COMPLETELY DIFFERENT THAN WHEN SHE HAD GONE IN. AND I
23 THOUGHT PERHAPS THE ANESTHETIC HAD HAD AN EFFECT ON HER
24 MIND. Fat emboli. We know it wasn't "narcotics".
25 Q. AND CAN YOU DESCRIBE WHAT THE PROBLEM WAS, WHAT THE
774
1 DIFFERENCE WAS WITH HER MENTAL STATE AFTER THE OPERATION?
2 A. SHE WAS VERY -- SHE CRIED AND VERY WORRIED AND VERY
3 ANXIOUS AND FEARFUL.
4 Q. AND WHAT WAS SHE ANXIOUS AND FEARFUL ABOUT?
5 A. I DIDN'T KNOW. SHE JUST -- SHE WOULD JUST GIVE THAT
6 APPEARANCE OF BEING ANXIOUS AND LIKE SHE WAS AFRAID OF
7 EVERYTHING.
8 Q. UH-HUH. OKAY. BUT ON -- WHAT WAS HER -- LET ME ASK YOU
9 THIS: HOW LONG WAS SHE IN THE HOSPITAL, DO YOU RECALL?
10 A. I COULDN'T SAY THE EXACT NUMBER OF DAYS. IT WAS A FEW
11 DAYS.
12 Q. AND YOU VISITED HER WHILE SHE WAS IN THE HOSPITAL.
13 A. YES, YES.
14 Q. OKAY. THAT'S KIND OF WHERE YOU GOT THIS IDEA THAT SHE
15 WAS HAVING PROBLEMS.
16 A. CORRECT.
17 Q. WHAT WAS HER GENERAL PHYSICAL CONDITION LIKE WHILE SHE
18 WAS IN THE HOSPITAL?
19 A. WELL, SHE SEEMED FINE. WAS READY TO GO HOME WHEN I CAME
20 TO GET HER AND WAS DISTRESSED AGAIN WHEN I TOLD HER THAT SHE
21 WAS TO GO TO THE CARE CENTER FOR PHYSICAL THERAPY FOR A
22 SHORT PERIOD TIME.
23 Q. NOW, SHE WAS ABLE TO UNDERSTAND THE FACT THAT SHE WAS
24 GOING TO A CARE CENTER?
25 A. YES.
775
1 Q. DID SHE HAVE ANY PROBLEMS IN RECOGNIZING YOU OR THE
2 OTHER FAMILY MEMBERS?
3 A. NO, SHE RECOGNIZED US.
4 Q. DID SHE APPEAR TO BE COHERENT?
5 A. YES.
6 Q. UNDERSTANDING?
7 A. YES. SHE WAS JUST VERY AFRAID AND DIDN'T -- SEEMED SO
8 ANXIOUS ABOUT EVERYTHING.
9 Q. AND WAS THERE ANYTHING WHILE SHE WAS IN THE HOSPITAL
10 THAT WOULD TEND TO BRING THIS ON OVER -- VERSUS SOMETHING
11 ELSE?
12 A. NO, OTHER THAN THE SURGERY THAT I THOUGHT MAYBE THE
13 ANESTHETIC, BUT I --
14 Q. WERE YOU INVOLVED IN ANY OF HER PHYSICAL THERAPY WHILE
15 SHE WAS IN THE HOSPITAL?
16 A. NO.
17 Q. WERE YOU INVOLVED IN GETTING HER UP OUT OF BED OR
18 ANYTHING?
19 A. NO, NOT THAT I RECALL.
20 Q. AND AFTER SHE HAD LEFT THE HOSPITAL, WHERE DID SHE GO?
21 A. SHE WENT TO THE CARE CENTER NEAR WHERE -- NEAR MY HOME.
22 Q. AND WHAT CARE CENTER WAS THAT, DO YOU RECALL?
23 A. PIONEER MEMORIAL CARE CENTER.
24 Q. AND HOW OFTEN WOULD YOU VISIT HER WHEN SHE WAS IN THE
25 CARE CENTER?
776
1 A. WELL, I WAS THERE DAILY. AND FOR SEVERAL HOURS AT A
2 TIME. AND I HAD CONTACT WITH MY SISTER IN CALIFORNIA AND
3 SHE -- AND I TOLD HER HOW UNHAPPY SHE WAS, JUST DEPRESSED,
4 SHE WOULD JUST BE CRYING. I'D COME IN AND SHE'D BE IN THE
5 CAFETERIA AND SHE'D BE SITTING THERE AT THE TABLE, BUT JUST
6 CRYING. AND SHE DIDN'T WANT TO EAT. AND I WAS CONCERNED
7 THAT WAY. AND AFTER I'D BE THERE A WHILE, SHE WOULD BE
8 PACIFIED AND WOULD CONVERSE WITH ME AND TALK WITH ME. BUT
9 THEN AS SOON AS I SAID, WELL, I NEEDED TO GO, THEN SHE'D
10 START IN AGAIN, THE CRYING AND --
11 Q. UPSET?
12 A. UH-HUH, UPSET.
13 Q. AND WHEN YOU WOULD HAVE THESE CONVERSATIONS AGAIN, DID
14 SHE APPEAR TO BE LUCID?
15 A. YES.
16 Q. COMMUNICATIVE?
17 A. YES.
18 Q. DID SHE APPEAR TO HAVE ANY PROBLEMS WITH HER MEMORY?
19 A. WELL, SHE HAD BEEN HAVING THAT FOR QUITE SOME TIME.
20 Q. ANYTHING DIFFERENT THAN -- ANY DRASTIC CHANGES?
21 A. NO, JUST -- UN-UNH. OH, SHE JUST WAS NOT THE WOMAN THAT
22 SHE HAD BEEN AS A YOUNGER WOMAN.
23 Q. DURING TIME THAT YOU WERE WITH HER IN THE REST HOME, DID
24 SHE EVER COMPLAIN OF PAIN AT ALL?
25 A. NO.
777
1 Q. DID SHE EVER APPEAR TO BE IN PAIN TO YOU?
2 A. OTHER THAN THE MENTAL PAIN, NO.
3 Q. WE'RE TALKING PHYSICAL PAIN.
4 A. PHYSICAL PAIN, NO.
5 Q. NEVER COMPLAIN ABOUT ANY PROBLEMS WITH HER BACK?
6 A. SHE -- I DON'T RECALL THAT SHE DID. IT JUST WASN'T AN
7 ISSUE. THE THING THAT SHE WOULD ALWAYS BE TALKING ABOUT WAS
8 SHE WANTED TO COME HOME WITH ME AND WHEN WAS SHE GOING TO BE
9 ABLE TO COME HOME AND SO FORTH. SHE WAS HAVING PHYSICAL
10 THERAPY AT THE TIME AND -- AND WAS ABLE TO DO THAT.
11 Q. AND APPROXIMATELY HOW LONG WAS SHE IN THE REST HOME, DO
12 YOU RECALL?
13 A. SHE WAS THERE ABOUT AS I RECALL ABOUT TWO WEEKS, AND
14 THEN SHE WAS JUST SO UPSET ALL THE TIME THAT SHE WAS THERE,
15 AND SO I SAID TO THE ADMINISTRATORS THAT PERHAPS I WOULD --
16 THAT I THOUGHT I WOULD TRY TAKING HER HOME AGAIN, EVEN
17 THOUGH SHE WAS -- NEEDED THE PHYSICAL THERAPY AND SHE ALSO
18 WAS IN THIS EMOTIONAL STATE THAT I -- I REALLY WASN'T ABLE
19 TO HELP MUCH WITH. AND I THOUGHT MAYBE WHEN SHE GOT HOME
20 AND AROUND HER FAMILIAR SURROUNDINGS AGAIN THAT THE
21 DEPRESSION WOULD LEAVE, AND THE ANXIETY.
22 Q. AND SO THERE CAME A TIME WHEN YOU DID TAKE HER BACK OUT
23 OF THE REST HOME?
24 A. I DID.
25 Q. DO YOU RECALL ABOUT WHEN THAT WAS?
778
1 A. SHE HAD BEEN THERE ABOUT TWO WEEKS, AND I CALLED MY
2 SISTER IN CALIFORNIA AND INDICATED THAT I WAS BRINGING HER
3 HOME AND -- BUT EVEN THOUGH SHE KNEW SHE WAS COMING HOME,
4 SHE WAS STILL TEARFUL.
5 Q. WHEN YOU LEFT THE REST HOME, SHE WAS ON ANY TYPE OF
6 MEDICATIONS?
7 A. I'M SURE SHE WAS ON SOMETHING FOR THE -- FOR THE MENTAL
8 DISTRESS, BUT I COULDN'T TELL --
9 Q. WHEN YOU GOT HER HOME, WAS SHE TAKING MEDICATION? WOULD
10 YOU GIVE HER MEDICATION WHEN SHE WAS AT THE HOUSE?
11 A. YES.
12 Q. YOU DON'T RECALL WHAT THEY WERE.
13 A. NO, I DON'T. I KNOW IT WAS TO TRY TO ALLEVIATE THE --
14 THE ANXIETY BECAUSE SHE WOULD WAKE AT NIGHT AND SHE'D HAD A
15 SLEEPING PILL TO GO TO SLEEP WITH BECAUSE SHE WAS JUST IN
16 THIS STRESSED-OUT STATE, AND SHE WOULD BE ASLEEP FOR MAYBE
17 AN HOUR, AND THEN SHE WOULD WAKE UP AND SHE WOULD CALL OUT
18 TO ME. BARBARA, BARBARA, HELP ME, HELP ME, BARBARA,
19 BARBARA. AND IT JUST WAS A CHANT ALMOST, IT JUST A WENT ON
20 THROUGH THE NIGHT.
21 Q. AND THAT WAS WHAT THE MAIN PROBLEM WAS.
22 A. YES.
23 Q. OKAY. NOW, WHEN THE DOCTOR -- WHEN SHE LEFT THE REST
24 HOME, WERE YOU GIVEN ANY INSTRUCTIONS CONCERNING HER
25 MEDICATION?
779
1 A. WELL, OTHER THAN HOW TO -- OFTEN TO GIVE THE SLEEPING
2 PILL OR WHAT OTHER MEDICATION.
3 Q. WHEN SHE LEFT THE RESTING HOME -- REST HOME, WERE YOU
4 GIVEN ANY INSTRUCTION AS FAR AS PAIN PILLS, ANY TYPE OF PAIN
5 MEDICATION?
6 A. NO. FOR PHYSICAL PAIN YOU'RE TALKING ABOUT?
7 Q. YEAH, PHYSICAL PAIN.
8 A. NO.
9 Q. AND DURING THE TIME THAT SHE HAD LEFT THE REST HOME AND
10 WAS IN YOUR HOME, DID YOU GIVE HER ANY PAIN MEDICATION?
11 A. FOR PHYSICAL PAIN, NO.
12 Q. PHYSICAL PAIN.
13 A. NO, I DID NOT.
14 Q. DID SHE APPEAR DURING THIS PERIOD THAT WAS -- WHEN SHE
15 WAS IN THE REST HOME AND WENT BACK TO YOUR HOME, DID SHE
16 APPEAR DURING THAT PERIOD OF TIME TO BE IN ANY PAIN,
17 PHYSICAL PAIN?
18 A. NO, SHE DIDN'T. SHE -- ONE OF THE MEDICATIONS THEY PUT
19 HER ON FOR HER MENTAL STATE CAUSED HER TO JUST THROW --
20 THROW HERSELF UP AND THEN DOWN AND THEN UP AND THEN DOWN.
21 AND I WAS AMAZED THAT SHE WAS ABLE TO DO THAT WITH HER --
22 THE OSTEOPOROSIS THAT I KNEW SHE HAD, BUT SHE SEEMED
23 PHYSICALLY -- SHE DID IT HERSELF AND --
24 Q. AND SHE DIDN'T APPEAR TO COMMENT ABOUT PAIN OR --
25 A. NO, SHE NEVER DID.
780
1 Q. -- MOAN AND GROAN, ANYTHING LIKE THAT APPARENTLY IN
2 PAIN?
3 A. NO, NO.
4 Q. AND HOW LONG DID SHE REMAIN IN YOUR HOME?
5 A. SHE WAS THERE ABOUT THREE WEEKS. AND I AGAIN CONTACTED
6 MY SISTER BECAUSE OF THIS, AT NIGHTTIME, I WASN'T ABLE TO
7 REST AT ALL. IT WAS JUST CONTINUALLY DAY AND NIGHT. AND
8 MY -- I CALLED MY SISTER AND I WAS -- HAPPENED TO BE IN THE
9 ROOM WHERE MY MOTHER WAS, AND SHE WAS DOING THIS SORT OF
10 CHANTING, HELP ME, HELP ME. AND MY SISTER SAID SHE DIDN'T
11 REALIZE THAT THAT'S AS -- SHE WAS THAT BAD --
12 Q. YEAH.
13 A. -- MENTALLY. AND SHE THEN AT THAT TIME DETERMINED THAT
14 SHE WOULD SEE WHAT SHE COULD DO. SHE WAS WORKING IN
15 CALIFORNIA AT THE TIME AND HER RESIDENCE WAS THERE, AND SHE
16 SAID SHE WOULD COME AND GO ON A SABBATICAL -- SHE WAS
17 TEACHING -- AND COME UP AND HELP ME TAKE CARE OF MY MOTHER
18 IN MY HOME.
19 Q. AND DID SHE DO THAT?
20 A. SHE DID. SHE CAME UP AND IT WAS ABOUT AT THE END OF
21 THIS THREE-WEEK PERIOD THAT SHE WAS ABLE TO COME. AND SHE
22 THOUGHT THAT IF SHE STAYED WITH MY MOTHER DURING THE NIGHT,
23 SHE COULD CALM HER DOWN. AND I SAID, WELL, TO TRY BECAUSE I
24 HAD NOT BEEN ABLE TO GET HER OUT OF THIS STATE AT ALL. AND
25 SHE SLEPT WITH HER THAT NIGHT, AND THE NEXT MORNING SHE
781
1 SAID, WE CAN'T DO THIS. I -- SHE WASN'T ABLE TO -- SHE
2 WORKED WITH HER DURING THE NIGHT TRYING TO CALM HER DOWN AND
3 WASN'T ABLE TO.
4 Q. NOW, DID THIS CONDITION THAT YOUR MOTHER HAD, THE PANIC
5 DISORDER I GUESS YOU COULD CALL IT OR FEAR, DID THAT
6 INCREASE DURING THE PERIOD OF TIME THAT SHE WAS IN YOUR
7 HOME?
8 A. IT CERTAINLY DIDN'T LESSEN. I THOUGHT WHEN WE HAD
9 BROUGHT HER BACK THAT THINGS WOULD BE BETTER, BUT SHE -- SHE
10 HAD ALWAYS BEEN ABLE TO GO UP AND DOWN THE STAIRS, AND EVEN
11 AFTER THE SURGERY SHE WAS ALLOWED TO DO THINGS LIKE THAT,
12 BUT SHE'D GET TO THE TOP OF THE STAIRS AND JUST LIKE -- LIKE
13 IT WAS A BIG CHASM THAT SOMEONE WAS GONNA PUSH HER OVER.
14 SHE WOULD JUST PULL BACK IN TERROR. AND WE HAD A HARD TIME
15 MANEUVERING HER. BUT WE -- SHE DID, SHE WAS ABLE TO DO
16 THOSE THINGS.
17 Q. NOW, DURING THIS PERIOD OF TIME, DID IT EVER APPEAR TO
18 YOU THAT YOUR MOTHER WAS IN PAIN?
19 A. NOT PHYSICAL PAIN.
20 Q. NOT PHYSICAL PAIN.
21 A. NO.
22 Q. SO AFTER YOUR DAUGHTER -- YOUR DAUGHTER -- AFTER YOUR
23 SISTER CAME UP AND ATTEMPTED TO HELP YOU, WHAT OCCURRED AS
24 FAR AS YOU MOTHER'S SITUATION?
25 A. WELL, WHEN SHE -- SO WE CONTACTED THE CARE CENTER THE
782
1 NEXT DAY AND THEY ADMITTED HER AGAIN. AND MY SISTER AND I
2 WORKED OUT A SHIFT SO THAT WE WOULD GET THERE ABOUT THE TIME
3 SHE WAS HAVING BREAKFAST AND STAY -- ONE OF US WOULD STAY
4 WITH HER FOR SEVERAL HOURS BECAUSE IF WE WOULD LEAVE, SHE
5 REC -- SHE KNEW US AND WAS MORE PACIFIED BY OUR BEING THERE.
6 AND AS SOON AS WE WOULD LEAVE, THEN SHE WOULD START THIS
7 CALLING OUT FOR HELP AND THINGS SUCH AS THAT.
8 Q. UH-HUH.
9 A. SO SHE WOULD BE THERE FOR SEVERAL HOURS IN THE HOURS
10 MORNING, THEN I WOULD COME AT LUNCHTIME AND BE THERE FOR
11 SEVERAL HOURS, AND THEN THE OTHER ONE WOULD COME BACK. IN
12 THE EVENING, WE WOULD PUT HER TO BED AND THEN THEY WOULD
13 GIVE A SLEEPING PILL TO HER SO THAT SHE WOULD FALL ASLEEP.
14 AND THEN WE LEFT, THOUGH SHE WOKE UP SHORTLY THEREAFTER
15 BECAUSE SHE WOULD DO THIS AGAIN THROUGH THE NIGHT.
16 Q. AND THEN WHAT HAPPENED AFTER THIS STAY IN THE REST HOME?
17 OR HOW LONG WAS SHE IN THE REST HOME?
18 A. SHE WAS THERE SIX MONTHS AND IT WAS -- IT SEEMED
19 CONTINUALLY THE MENTAL ANGUISH BECOME MORE INTENSE, AND THEY
20 MOVED HER FROM THE ROOM THAT SHE WAS IN AND PLACED HER IN A
21 MORE ISOLATED AREA AND -- AND THE CAFETERIA WHERE THEY --
22 MOST OF THE RESIDENTS ATE, THEY PLACED HER IN ANOTHER ONE
23 FOR OTHER PEOPLE WHO WERE HAVING A LOT OF PROBLEMS WERE
24 PLACED, AND IT WAS JUST VERY DIFFICULT FOR MY SISTER AND I
25 TO SEE THIS SITUATION IN COMING ABOUT. AND WE HAD TRIED
783
1 THROUGH THIS PERIOD OF TIME TO GET MEDICATION THAT WOULD
2 SOME WAY GIVE HER SOME PEACE AND CALMNESS. AND MANY THINGS
3 HAD BEEN TRIED TO TRY AND TAKE THIS FEAR AND ANGUISH AND
4 TERROR AWAY FROM HER MIND, AND NOTHING HAD BEEN EFFECTIVE.
5 AND MY SISTER, SHE WENT HOME FROM SEEING MOTHER IN THE
6 LUNCH ROOM WHERE THEY HAD PLACED HER, AND SHE STARTED TO
7 MAKE SOME CALLS TO SEE IF THERE WAS A PLACE WHERE SHE
8 FELT -- WHERE SOME MEDICATION THAT THEY WERE NOT ABLE TO
9 GIVE IN THE CARE CENTER COULD BE GIVEN TO HER, SUCH AS A
10 HOSPITAL.
11 Q. AND DID SHE LOCATE A PLACE WHERE --
12 A. SHE CONTACTED A PSYCHIATRIST IN BRIGHAM THAT THE RECE --
13 THE NURSE OR THE SECRETARY AT THE PSYCHIATRIST, THAT WAS IN
14 BRIGHAM CITY THAT I HAD HAD HER GO TO AT THE VERY BEGINNING
15 WHEN SHE HAD COME OUT OF THE HOSPITAL, AND SHE SAID THAT
16 DAVIS COUNTY HAD OPENED UP A UNIT THAT SHE THOUGHT MIGHT BE
17 HELPFUL BECAUSE SHE -- NOTHING THAT AROUND US WAS WORKING.
18 AND SO DIANE MADE THE CONTACT TO SOMEONE DOWN THERE, AND
19 THEY SAID THAT THEY WOULD SEND SOMEONE UP TO INTERVIEW HER
20 AND SEE IF SHE QUALIFIED FOR THE --
21 Q. AND THIS WAS THE GEROPSYCH UNIT AT THE DAVIS MEDICAL
22 CENTER --
23 A. IT WAS.
24 Q. -- IN LAYTON?
25 A. YES, IT WAS.
784
1 Q. AND DID THEY SEND SOMEONE UP?
2 A. THEY DID. AND MY SISTER WASN'T ABLE TO BE THERE, BUT
3 I -- SHE ASKED ME TO MAKE THE -- BE THERE FOR THE INTERVIEW.
4 AND HE SAW THE CONDITION MY MOTHER WAS IN AND HE TALKED WITH
5 ME ABOUT WHAT HAD BEEN HAPPENING AND THE MEDICATIONS THAT WE
6 HAD TRIED AND NOTHING HAD BEEN EFFECTIVE. AND HE SAID TO ME
7 THAT HE FELT THAT THEY WOULD BE ABLE TO HELP HER DOWN THERE
8 AND GIVE HER THIS MORE OF A CALMNESS. AND MY SISTER HAD
9 ASKED ME TO CHECK ON THE POSSIBILITY OF MORPHINE, THAT SHE
10 HAD HEARD THAT IT WAS SOMETHING THAT COULD CALM PEOPLE DOWN,
11 AND I DIDN'T --
12 Q. EXCUSE ME. DURING THE -- I INTERRUPTED YOU. DID HE
13 GIVE YOU THE NAME WHEN YOU TALKED TO HIM?
14 A. THE MAN THAT CAME --
15 Q. CAME --
16 A. I DON'T REMEMBER HIS NAME. HE WAS A YOUNG MAN AND HE
17 SAID HE WAS ASSOCIATED WITH THE HOSPITAL. AND HE WAS NOT
18 THE -- HE WAS NOT A DOCTOR. Social worker - probably Keith Perry.
19 Q. NOW, DURING THE COURSE OF THIS CONVERSATION, DID YOU
20 EVER -- YOU DISCUSSED YOUR MOTHER'S MENTAL CONDITION. DID
21 YOU ALSO DISCUSS HER PHYSICAL CONDITION? DO YOU RECALL?
22 A. WE MAY HAVE. I DON'T RECALL.
23 Q. WAS THERE ANY DISCUSSIONS ABOUT PAIN, THE FACT THAT SHE
24 MAY BE IN PAIN OR ANYTHING OF THAT NATURE?
25 A. NOT THAT I RECALL. BUT SHE WAS -- SHE WAS IN A
785
1 WHEELCHAIR AT THAT TIME BECAUSE OF HER FRAIL CONDITION.
2 Q. UH-HUH.
3 A. BUT --
4 Q. NOW, IN THIS DISCUSSION YOU MENTIONED MORPHINE. WHAT
5 WAS THE NATURE OF THAT DISCUSSION?
6 A. WELL, I JUST ASKED IF SOMETHING LIKE MORPHINE COULD BE
7 USED. AND HE INDICATED THAT IT COULD BECAUSE MY SISTER HAD
8 HEARD THAT THAT COULD ALLEVIATE PHYSICAL PAIN, AND SHE
9 THOUGHT MENTAL PAIN ALSO MIGHT BE -- NOW, SHE MAY HAVE KNEW
10 MORE ABOUT IT -- I JUST --
11 Q. WE HAVE TO -- YEAH, WE'RE -- UNDERSTAND. WE DON'T NEED
12 TO HAVE TO GET INTO ALL THE DETAILS. WE'LL BE CALLING HER.
13 A. UH-HUH.
14 Q. BUT AT LEAST THAT WAS WHAT THE DISCUSSION WAS.
15 A. THAT'S RIGHT.
16 Q. WAS THERE ANY DISCUSSION WITH THIS INDIVIDUAL THAT
17 MORPHINE WOULD BE USED FOR PAIN CONTROL OTHER THAN MENTAL
18 PROBLEMS?
19 A. NO.
20 Q. PHYSICAL PAIN?
21 A. NO. WE DID NOT DISCUSS ANYTHING ABOUT PHYSICAL NEEDS AT
22 THAT TIME. IT WAS JUST ALL HER MENTAL STATE.
23 Q. DID YOU FEEL THAT YOUR MOTHER NEEDED ANYTHING FOR HER
24 PHYSICAL NEEDS?
25 A. NO, I DIDN'T.
786
1 Q. AFTER YOU HAD A DISCUSSION WITH INDIVIDUAL, WHAT
2 HAPPENED THEN?
3 A. HE SAID THAT THERE WAS A BED AVAILABLE AND THAT WE COULD
4 BRING HER DOWN IMMEDIATELY. AND SO MY HUSBAND AND I MADE
5 THE ARRANGEMENTS WITH THE CARE CENTER, AND THEY WERE
6 SURPRISED THAT WE WERE TAKING HER ANYWHERE BECAUSE THEY --
7 THEY JUST WERE SURPRISED. AND I SAID, WELL, WE'VE DECIDED
8 TO TRY THIS OTHER HOSPITAL DOWN HERE TO SEE IF WE CAN'T GET
9 SOME HELP BECAUSE SHE -- IT WAS TO THE POINT THAT WE WEREN'T
10 ABLE TO EVEN GIVE HER ANY COMFORT BY OUR COMING IN. SHE WAS
11 STILL ALWAYS UPSET THE WHOLE TIME THAT WE WERE THERE.
12 Q. OKAY. AND SO APPROXIMATELY WHAT TIME WAS IT THAT YOU
13 TOOK HER OUT OF THE REST HOME?
14 A. IT WAS IN THE LATE AFTERNOON. AND MY HUSBAND AND I TOOK
15 HER DOWN TO THE HOSPITAL AND STARTED ADMITTING HER. IT WAS
16 AT LEAST TWO HOURS THAT WE WERE IN THE ADMITTING. I THINK
17 IT WAS 7:00 O'CLOCK THAT WE ARRIVED AT THE ROOM.
18 Q. AND DURING THIS PERIOD OF TIME WHEN WE'RE DOING THE
19 ADMITTING, WHAT ARE WE -- WAS YOUR MOTHER WITH YOU?
20 A. YES, SHE WAS.
21 Q. SHE WAS WITH YOU THE WHOLE TIME --
22 A. THE WHOLE TIME.
23 Q. -- YOU WERE DOING THE ADMITTING?
24 A. THAT'S RIGHT.
25 Q. THE WHOLE TIME PRIOR TO THE TIME --
787
1 A. YEAH, THEY HAD HER IN A -- AND SHE WAS IN A WHEELCHAIR,
2 BUT SHE WAS SITTING THERE WITH ME HOLDING MY HAND AND --
3 Q. AND THIS POINT IN TIME, DID SHE APPEAR TO BE ALERT?
4 A. WELL, AS ALERT AS THIS MENTAL CONDITION WAS ALLOWING HER
5 TO BE --
6 Q. WELL, WE UNDERSTAND THAT, BUT THERE HAD BEEN NO REAL
7 CHANGE IN HER MENTAL --
8 A. NO.
9 Q. HER ALERTNESS OR ANYTHING OF THIS NATURE?
10 A. NO. SHE KNEW THAT I WAS THERE AND THAT --
11 Q. WAS SHE ABLE TO COMMUNICATE WITH YOU TO SOME EXTENT?
12 A. WELL, NOT AN EXCESSIVE AMOUNT, SHE WASN'T DOING THAT,
13 BUT SHE WAS --
14 Q. AND YOU INDICATED THAT THIS ADMISSION TOOK ABOUT TWO
15 HOURS, IS THAT CORRECT?
16 A. UH-HUH, THAT'S RIGHT.
17 Q. AND DO YOU RECALL DURING THAT PERIOD OF TIME
18 DISCUSSING -- WHO DID YOU DO THE ADMISSION WITH, MAYBE I
19 SHOULD ASK?
20 A. THERE WAS A WOMAN THERE AND SHE JUST ASKED INNUMERABLE
21 QUESTIONS, AND THERE WERE FORMS TO FILL OUT AND SO FORTH.
22 Q. DO YOU RECALL IF THIS WAS A NURSE THAT WOULD HAVE --
23 A. I DON'T THINK IT WAS --
24 Q. YOU DON'T KNOW?
25 A. I DON'T THINK IT WAS A NURSE.
788
1 Q. DO YOU RECALL DISCUSSING WHAT THEIR PROCEDURES WERE
2 GONNA BE AND WHAT TYPE OF THINGS THEY WERE GONNA BE DOING AT
3 THAT TIME?
4 A. I -- I ASKED ABOUT WHEN HE WOULD BE ABLE TO COME BACK
5 AND VISIT. AND WE -- I DIDN'T TALK ABOUT -- I DIDN'T SAY
6 ANYTHING ABOUT MEDICATIONS OF WHAT WE WANTED TO HAVE HAPPEN
7 OR ANYTHING LIKE -- AS WE WERE -- AS SHE WAS BEING ADMITTED.
8 AS FAR AS I KNEW, THIS YOUNG MAN THAT HAD COME TO INTERVIEW
9 ME WAS THE ONLY ONE THAT I HAD -- THAT I MENTIONED IT TO.
10 Q. DID YOU NOT MENTION ANYTHING ABOUT TYPE OF MEDICATION,
11 MORPHINE OR ANYTHING LIKE THAT?
12 A. NO.
13 Q. AND DID THEY INDICATE TO YOU ANY TYPE OF A TREATMENT
14 PLAN THAT THEY WERE GONNA FOLLOW?
15 A. NO. JUST SAID THE DOCTOR WOULD COME IN AND EXAMINE HER
16 AND INTERVIEW HER AND THAT HE WOULD GO FROM THERE AND THEN
17 CONTACT WOULD BE MADE BACK TO US AFTER HIS CONSULTATION WITH
18 HER.
19 Q. AND SO AFTER ABOUT -- THE MEETING WITH THE INDIVIDUAL
20 AND GETTING ALL THE FORMS FILLED OUT, APPROXIMATELY WHAT
21 TIME WAS IT WHEN YOU LEFT?
22 A. IT WAS NEAR 7:00 O'CLOCK. AND WE GOT HER IN BED AND SHE
23 WAS NOT -- SHE WASN'T UPSET OR ANYTHING. I MEAN SHE WAS --
24 SHE'S STILL IN THIS ANXIOUS STATE, BUT I TOLD HER THAT I
25 NEEDED TO LEAVE AND SHE ACCEPTED THAT, BUT AS SOON AS I
789
1 WALKED OUT INTO THE HALL, SHE STARTED TO CALL FOR ME. AND I
2 WAS -- FELT VERY UNHAPPY ABOUT HAVING TO LEAVE HER IN THAT
3 SITUATION.
4 Q. AND AFTER YOU HAD LEFT, WHAT DID YOU DO?
5 A. WE JUST CAME BACK HOME AND THE NEXT -- WENT TO BED, AND
6 THE NEXT MORNING, WE HAD AN ASSIGNMENT IN SALT LAKE THAT WE
7 WENT TO. AND WE WERE THERE AND A PHONE CALL CAME ABOUT 8:30
8 AND SAID -- AND IT WAS FROM MY SISTER, AND THEY -- SHE SAID
9 MOTHER HAD DIED. AND I WAS ABSOLUTELY TAKEN ABACK. I
10 COULDN'T BELIEVE THAT THAT HAD HAPPENED BECAUSE WE HAD --
11 ONE OF THE REASONS WE HAD TAKEN HER TO THE HOSPITAL TO SEE
12 IF THERE WAS SOMETHING MORE TO DO, THE DOCTOR HAD ALSO TOLD
13 US THAT HER HEART WAS VERY STRONG. AND I THOUGHT THAT THAT
14 WOULD NEVER TAKE HER AND THAT WE NEEDED TO HAVE SOMETHING
15 THAT SHE COULD -- AS LONG AS SHE WAS GOING TO LIVE, NOT BE
16 IN THIS TERRIBLE MENTAL STATE.
17 Q. SO AFTER HAD YOU LEARNED YOUR MOTHER HAD PASSED ON, WHAT
18 HAPPENED? WHAT DID YOU DO?
19 A. WELL, WE LEFT IMMEDIATELY AND CAME TO THE DAVIS
20 HOSPITAL.
21 Q. WHO DID YOU MEET WITH AT THE HOSPITAL?
22 A. THE NURSE MET US AND THEN MY SISTER AND I WENT INTO THE
23 ROOM WHERE MY MOTHER WAS, AND WHILE WE WERE THERE, THE
24 DOCTOR WEITZEL CAME IN AND --
25 Q. LET ME ASK, DID YOU RECOGNIZE DR. WEITZEL?
790
1 A. I DIDN'T KNOW HIM.
2 Q. DO YOU RECOGNIZE HIM TODAY?
3 A. AS I REMEMBER, I THOUGHT HE HAD A BEARD ON AND WORE
4 GLASSES, BUT SO --
5 Q. SO IF I WERE -- YOU WOULDN'T BE ABLE TO POINT HIM OUT IN
6 THE COURTROOM.
7 A. WELL, I COULD BECAUSE I'VE SEEN HIS PICTURE IN THE
8 PAPER.
9 Q. OKAY. BUT I'M JUST SAYING --
10 A. BUT NOT FROM THAT.
11 Q. NOT FROM THAT -- NOT FROM THAT EXPERIENCE.
12 A. NO.
13 Q. THAT'S WHAT I SAID. BUT HE DID REPRESENT HIMSELF THAT
14 HE WAS THE DR. WEITZEL THAT WAS WORKING WITH YOUR MOTHER?
15 A. YES, YES.
16 Q. OKAY. WHAT HAPPENED -- AND, WELL, WHO WAS PRESENT WHEN
17 THIS HAPPENED, WHEN YOU HAD THIS CONVERSATION?
18 A. AS BEST I REMEMBER, I THINK MY SISTER WAS THERE AND HER
19 FRIEND AND MYSELF.
20 Q. WHAT HAPPENED?
21 A. MY HUSBAND WAS ALSO THERE, BUT HE WAS OUT IN THE HALL AT
22 THAT TIME.
23 Q. WAS THIS THE FIRST TIME YOU'D EVER SEEN THE DOCTOR?
24 A. YES, IT WAS.
25 Q. OKAY. YOU HAD NO CONFERENCE, TELEPHONE CONFERENCES OR
791
1 ANYTHING WITH HIM --
2 A. NO, I HAD NOT.
3 Q. AND WHAT HAPPENED WHEN HE CAME IN?
4 A. HE JUST SAID THAT MY MOTHER HAD DIED OF HEART FAILURE.
5 AND I -- AS I RECALL, I SAID, HEART FAILURE? BECAUSE I
6 THOUGHT SHE HAD A STRONG HEART, I'D ALWAYS BEEN TOLD. AND
7 AS I RECALL, HE ALSO INDICATED THAT SHE HAD HAD SOME -- A
8 MORPHINE IN THE NIGHT TO -- FOR THIS ANXIETY THAT SHE HAD Pain.
9 HAD. AND I JUST THOUGHT THROUGH MY MIND, I THINK THAT MUST
10 HAVE RELAXED HER ENOUGH THAT IT ALLOWED HER TO GO. I DIDN'T
11 STILL AT THAT TIME THINK THAT IT WAS HER HEART.
12 Q. AND WAS THERE ANYTHING ELSE, ANY OTHER CONVERSATION THAT
13 YOU HAD?
14 A. NOT MUCH. WE DIDN'T -- MAYBE FOUR, FIVE MINUTES WE WERE
15 TOGETHER, AS I RECALL.
16 Q. WAS THERE ANY MENTION OF ANY TYPE OF TESTS OR ANY TYPE
17 OF THINGS LIKE THAT THAT HAD BEEN RUN GIVEN TO YOUR MOTHER?
18 A. I HAD KNOWN HE MENTIONED IT TO MY HUSBAND WHO WAS, LIKE
19 I SAID, OUT IN THE HALL, AND THAT I MAY HAVE KNOWN IT AT THE
20 TIME, TOO. BUT I KNOW THAT MY HUSBAND AND I TALKED ABOUT
21 IT, THAT SHE HAD BEEN GIVEN AN E.K.G. TO -- AND I WAS
22 DISTRESSED THAT THEY HAD HAD TO TAKE HER FROM THESE -- INTO
23 MORE UNFAMILIAR SURROUNDINGS. I DIDN'T KNOW AT THE TIME IT
24 WAS SO EARLY THE MORNING, TOO, I JUST --
25 Q. WHAT WAS YOUR UNDERSTANDING OF WHEN THE E.K.G. WAS
792
1 GIVEN?
2 A. EARLY, ABOUT 5:00 IN THE MORNING.
3 Q. I MEAN WHAT TIME -- WHAT TIME DID YOU ASSUME THEY HAD
4 GIVEN -- DID YOU -- YOU'VE LEARNED THAT NOW, I ASSUME, IN
5 THE LAST LITTLE WHILE?
6 A. RIGHT.
7 Q. AT THE TIME --
8 A. I DIDN'T -- WHAT I DIDN'T -- I DON'T KNOW THAT I KNEW
9 THAT THEY HAD DONE -- WELL, LET ME THINK. IT'S -- LIKE I
10 SAID, IT'S -- BETWEEN THE CONVERSATION I'VE HAD WITH MY
11 HUSBAND AND --
12 Q. YEAH, IF I UNDERSTAND IT THEN, IF THAT'S NOT CLEAR IN
13 YOUR MIND, WE DON'T NEED TO -- WE DON'T NEED TO ACTUALLY GET
14 INTO IT.
15 A. UH-HUH.
16 Q. SO AFTER YOU'D HAD THE CONVERSATION --
17 A. WELL, THEY ALSO SAID THEY HAD DONE X-RAYS, AS I RECALL,
18 AND I WAS DISTRESSED ABOUT THAT, THAT THEY ALMOST --
19 Q. TAKEN HER OUT OF A FAMILIAR ENVIRONMENT.
20 A. YEAH.
21 Q. SO AFTER YOU HAD THIS CONVERSATION THAT LASTED ABOUT HOW
22 LONG?
23 A. ABOUT FIVE MINUTES.
24 Q. THEN WHAT HAPPENED?
25 A. WE SPENT A LITTLE TIME IN THE ROOM THERE WITH MY MOTHER,
793
1 AND THEN WE LEFT.
2 Q. DURING THIS PERIOD OF TIME, DID THE DOCTOR EVER MENTION
3 ANYTHING TO YOU ABOUT AN AUTOPSY OR PERHAPS WANTING TO HAVE
4 ANYTHING LIKE THAT DONE?
5 A. NO, HE DID NOT.
6 MR. MAJOR: WE HAVE NO FURTHER QUESTIONS, YOUR
7 HONOR.
8 MS. BARLOW: YOUR HONOR, EXCUSE ME.
9 MR. MAJOR: OH, I GUESS I HAVE ONE MORE.
10 Q. DURING THE TIME THAT YOU HAD YOUR MOTHER STAYING WITH
11 YOU AND THIS PERIOD OF TIME, DID YOUR MOTHER EVER -- WERE
12 YOU EVER TOLD YOUR MOTHER HAD HIGH BLOOD PRESSURE?
13 A. MY MOTHER HAD EXTREMELY LOW BLOOD PRESSURE.
14 Q. YOU WERE NEVER -- WAS SHE EVER GIVEN ANY BLOOD PRESSURE
15 MEDICINE FOR THAT?
16 A. NO. I MEAN IT WAS EXTREMELY LOW.
17 Q. DID SHE EVER DURING THIS PERIOD OF TIME SHE WAS LIVING
18 WITH YOU AT ANY TIME EVER COMPLAIN OF CHEST PAIN?
19 A. NO.
20 Q. DID SHE EVER HAVE ANY TYPE OF NEED FOR NITRO GLYCERINE
21 PILLS?
22 A. NO.
23 Q. YOU NEVER GAVE HER ANY --
24 A. NO.
25 Q. -- YOU DIDN'T KNOW SHE WAS TAKING IT.
794
1 A. NO.
2 MR. MAJOR: OKAY. I BELIEVE THAT'S ALL WE HAVE.
3 THE COURT: MR. STIRBA?
4 MR. STIRBA: YES, THANK YOU, YOUR HONOR.
5 CROSS-EXAMINATION
6 BY MR. STIRBA:
7 Q. GOOD MORNING, MISS POLSON -- POHLMAN RATHER. SORRY.
8 A. UH-HUH.
9 Q. I WANNA JUST GO BACK A LITTLE BIT AND GO OVER SOME OF
10 YOUR TESTIMONY SO IT'S CLEAR. YOUR MOM HAD THE HIP FRACTURE
11 IN JUNE OF '95, IS THAT RIGHT?
12 A. UH-HUH.
13 Q. AND YOU'VE TESTIFIED THAT THAT HIP FRACTURE, THERE WAS A
14 CHANGE THAT OCCURRED IN HER BEHAVIOR AFTER THE HIP FRACTURE
15 AND IN TERMS OF THE WAY SHE ORIENTED HERSELF, IS THAT RIGHT?
16 A. THAT'S CORRECT.
17 Q. AND YOU THOUGHT THAT WAS A SIGNIFICANT CHANGE, ISN'T
18 THAT TRUE?
19 A. YES, I DID.
20 Q. IN OTHER WORDS, BEFORE THE HIP FRACTURE, SHE DIDN'T SHOW
21 THIS FEAR, AS YOU'VE DESCRIBED IT, AND THIS ORIENTATION OF
22 BEING AFRAID, ISN'T THAT CORRECT?
23 A. NOT TO THE EXTENT THAT SHE DID AFTER, THAT'S TRUE.
24 Q. BUT CERTAINLY AFTER THAT, IT BECAME APPARENT TO YOU THAT
25 THERE WAS SOME KIND OF MENTAL PROBLEM OR PSYCHOLOGICAL
795
1 PROBLEM, TRUE?
2 A. TRUE.
3 Q. AND IT'S TRUE, IS IT NOT, THAT FROM THE TIME OF THE HIP
4 FRACTURE IN JUNE OF 1995 THROUGH THE TIME THAT SHE WAS
5 ADMITTED TO THE HOSPITAL, SHE ALSO LOST A SIGNIFICANT AMOUNT
6 OF WEIGHT, ISN'T THAT CORRECT?
7 A. WOULD YOU STATE THAT AGAIN FOR ME?
8 Q. SURE. FROM JUNE OF 1995 WHEN SHE --
9 A. WHEN SHE HAD THE HIP SURGERY --
10 Q. -- HAD THE HIP FRACTURE AND SURGERY --
11 A. UH-HUH.
12 Q. -- UNTIL TIME THAT SHE WAS ADMITTED AT THE END OF
13 DECEMBER OF 1995 --
14 A. OH, AT THE END OF DEC --
15 Q. -- IN THE HOSPITAL, SHE HAD LOST A CONSIDERABLE AMOUNT
16 OF WEIGHT, ISN'T THAT CORRECT?
17 A. THAT'S CORRECT.
18 Q. YOU MAY NOT KNOW PRECISELY, BUT THE RECORDS INDICATE
19 ABOUT 30 POUNDS. DOES THAT SQUARE WITH YOUR RECOLLECTION?
20 A. I KNEW IT WAS A LOT BECAUSE SHE HAD QUIT EATING A LOT,
21 ESPECIALLY TOWARD THE END, SHE WOULD TAKE ONLY A MOUTHFUL OR
22 TWO.
23 Q. AND YOU HAD SOME DOCTORS WHO WERE TAKING CARE OF HER, AT
24 LEAST SEEING HER DURING THIS SIX-MONTH PERIOD LET'S SAY FROM
25 THE TIME OF THE HIP SURGERY UNTIL THE ADMISSION IN THE
796
1 HOSPITAL, ONE OF THOSE DOCTORS WAS DR. WILDING, IS THAT
2 CORRECT?
3 A. YES.
4 Q. AND THEN ALSO THERE WAS ANOTHER DOCTOR, I GUESS HIS
5 PARTNER, A DR. KELLER.
6 A. COULD HAVE BEEN, UH-HUH.
7 Q. DO YOU REMEMBER DR. KELLER AS WELL?
8 A. I KNOW -- IT'S NOT EXTREMELY SHARP IN MY MIND WHO WE
9 HAD. I KNOW WE HAD SEVERAL PHONE CONVERSATIONS WITH
10 PHYSICIANS AND TRYING TO GET SOME HELP FOR HER, AND I KNOW
11 DR. WILDING DID SEE HER, AND IF THE RECORD SAYS DR. KELLER
12 WAS ALSO INVOLVED, I'M SURE HE WAS.
13 Q. I THINK HE'S -- THEY'RE PARTNERS. AND DR. WILDING
14 ACTUALLY WOULD SEE YOUR MOM IN HIS OFFICE, IS THAT RIGHT?
15 A. I WOULD -- MY RECOLLECTION IS THAT HE CAME TO THE CARE
16 CENTER, BUT --
17 Q. OKAY. SO MAYBE THERE WERE TIMES AT THE CARE CENTER, BUT
18 AT LEAST HE ACTUALLY SAW YOUR MOM --
19 A. YES.
20 Q. -- AND CONDUCTED EXAMINATIONS AND DO WHAT --
21 A. UH-HUH.
22 Q. -- DOCTORS DO WHEN THEY'RE TRYING TO HELP SOMEBODY.
23 A. UH-HUH.
24 Q. AND AM I CORRECT THAT YOU WOULD BE THERE AT TIMES WITH
25 THE DOCTOR AND YOUR MOM WHEN HE WAS EXAMINING HER OR TRYING
797
1 TO PROVIDE HER SOME CARE?
2 A. NO. I THINK THAT TIMES THAT HE CAME TO THE CARE CENTER,
3 I WAS NOT THERE. I DIDN'T KNOW THAT HE WAS GOING TO BE
4 DROPPING IN.
5 Q. HOW ABOUT AT HIS OFFICE, DO YOU EVER RECALL BEING THERE
6 WITH YOUR MOTHER --
7 A. NO, I DON'T.
8 Q. -- AT HIS OFFICE? AND I TAKE IT BEFORE THE HIP SURGERY,
9 YOUR MOM COULD WALK OKAY?
10 A. SHE COULD.
11 Q. AND THEN AT SOME POINT AFTER THE HIP SURGERY IS WHEN IT
12 BECAME NECESSARY FOR HER TO BE IN A WHEELCHAIR.
13 A. YES. BUT SHE STILL WAS WALKING. I MEAN WE WOULD WALK
14 HER FROM THE WHEELCHAIR INTO THE BATHROOM AND TAKE CARE OF
15 HER NEEDS THERE AND WALK HER BACK INTO THE WHEELCHAIR.
16 Q. BUT IS IT FAIR TO SAY THAT THERE WAS A DETERIORATION IN
17 HER ABILITY TO WALK AND AMBULATE FROM THE TIME OF THE HIP
18 SURGERY UNTIL HER ADMISSION --
19 A. SHE BECAME WEAKER --
20 Q. -- INTO THE HOSPITAL?
21 A. -- YES, SHE BECAME WEAKER BECAUSE SHE -- LIKE I SAID,
22 SHE WASN'T EATING PROPERLY AT ALL. AND BUT SHE WAS NOT
23 HAVING TO BE LIFTED FROM PLACE TO PLACE. SHE COULD TAKE A
24 FEW STEPS, THOUGH MOST OF THE TIME SHE WAS AT THE END IN THE
25 WHEELCHAIR. SHE -- WE WOULD WHEEL HER DOWN TO THE CAFETERIA
798
1 AND SHE WOULD SIT IN A WHEELCHAIR AT THE TABLE.
2 Q. AND CERTAINLY PRE-HIP SURGERY IN JUNE, SHE WAS NOT
3 WHEELCHAIR BOUND, WAS SHE?
4 A. NO.
5 Q. AND IT'S AS YOU'VE DESCRIBED IT, AND I REALIZE THIS IS
6 DIFFICULT IN TERMS OF JUST TRYING TO DESCRIBE IT, BUT WAS
7 THERE A PROGRESSION IN TERMS OF YOUR MOM'S MENTAL STATE FROM
8 JUNE UNTIL THE ADMISSION INTO THE HOSPITAL?
9 A. UH-HUH. A DETERIORATION?
10 Q. YES.
11 A. YES.
12 Q. AND SHE GOT MORE FEARFUL?
13 A. THAT'S RIGHT.
14 Q. AND MORE FRIGHTENED?
15 A. YES. BUT SHE -- AT THE BEGINNING IT WAS NOT A GOOD
16 SITUATION EITHER, BUT SHE -- I'M SURE THERE WAS A
17 DETERIORATION OF TO -- AT THE END ESPECIALLY, THAT'S WHY MY
18 SISTER FELT LIKE WE HAD TO DO SOMETHING MORE. WE HAD TO
19 FIND SOMETHING THAT COULD GIVE HER SOME RELIEF FROM THIS
20 EXTREME TERROR THAT SHE WAS EXPERIENCING ALMOST 24 HOURS A
21 DAY.
22 Q. AND YOUR SISTER'S DIANE, IS THAT RIGHT?
23 A. THAT'S CORRECT.
24 Q. AND IN TERMS OF THE CIRCUMSTANCES THAT YOUR MOM WAS
25 EXPERIENCING FROM JUNE UNTIL SHE WAS ADMITTED INTO THE
799
1 HOSPITAL, IT'S TRUE, IS IT NOT, THAT YOU TRIED SOME
2 MEDICATIONS OR DOCTORS TRIED SOME MEDICATIONS TO TRY TO HELP
3 HER OUT?
4 A. THAT'S RIGHT. SOME ANTIDEPRESSANTS AND SUCH, THAT'S --
5 Q. THESE WOULD BE -- CAN I GENERALLY CALL THEM PSYCH MEDS,
6 IS THAT YOUR UNDERSTANDING?
7 A. I ASSUME SO. IT WAS FOR THE DEPRESSION THAT SHE WAS
8 HAVING.
9 Q. AND ONE OF THE DOCTORS INVOLVED WITH THAT WAS DR.
10 WILDING?
11 A. YES.
12 Q. AND THERE WAS SOME OTHER DOCTORS WHO ALSO WERE TRYING TO
13 HELP --
14 A. YES.
15 Q. -- IN TERMS OF --
16 A. -- THERE WAS OTHER -- ANOTHER DOCTOR THAT WE HAD
17 CONTACTED AT FIRST THAT SEEMED TO BE VERY EFFICIENT, AND
18 THEN HE LEFT THE AREA. AND THEN WE WERE -- IT SEEMED LIKE
19 ONCE WE FELT LIKE WE HAD SOMEBODY THAT MIGHT BE ABLE TO BE
20 HELPFUL TO US, THAT EITHER EVAP -- LIKE THAT SEEMED TO
21 EVAPORATE AWAY, AND WE WERE BACK AT SQUARE ONE AGAIN AS TO
22 WHAT TO DO.
23 Q. SO THE -- WHAT THE DOCS WERE DOING IN TERMS OF WHATEVER
24 MEDICATIONS THEY WERE PRESCRIBING, NONE OF THEM WERE
25 EFFECTIVE PRIOR TO THE ADMISSION OF DAVIS HOSPITAL?
800
1 A. NOT FOR AN EXTENDED PERIOD OF TIME. SOMETIMES THEY MAY
2 SEEM TO HAVE BEEN HELPFUL, BUT IT JUST WOULDN'T LAST VERY
3 LONG.
4 Q. AND THEN WHEN WE GOT TO THE POINT IN DECEMBER, THE
5 LATTER PART OF DECEMBER, IN TERMS OF THE ADMISSION IN THE
6 HOSPITAL, AM I CORRECT THAT AT THAT POINT EVEN YOU AND DIANE
7 COULDN'T CONSOLE YOUR MOM?
8 A. THAT'S RIGHT.
9 Q. AND BY BEHAVIOR, NOT ONLY WOULD SHE SHOW THIS FEARFUL
10 BEHAVIOR, BUT WOULD SHE HAVE A TENDENCY OCCASIONALLY TO
11 SCREAM?
12 A. SHE WOULD CALL MY NAME OUT IN A LOUD VOICE. BUT AS FAR
13 AS YELLING, SCREAMING LIKE THAT, IT WAS JUST MORE CALLING
14 BARBARA, BARBARA.
15 Q. OKAY. SO WHEN WE GET TO THE POINT AT THE END OF
16 DECEMBER, YOU AND DIANE WHO WERE TRYING TO TAKE CARE OF YOUR
17 MOM, ARE SORT OF AT THE END OF THE LINE; THERE DOESN'T SEEM
18 TO BE ANY PHYSICIAN WHO'S BEEN ABLE TO HELP HER AT THAT
19 POINT, IS THAT RIGHT?
20 A. THAT'S RIGHT. WE HAD -- FOR THE SIX MONTHS PREVIOUS TO
21 THAT, WE HAD BEEN CARING FOR HER. IT WAS AS IF SHE WAS IN
22 OUR HOME EXCEPT AT NIGHT, WE WERE ABLE TO GO HOME TO REST.
23 WE WERE THERE THAT OFTEN, THAT MUCH.
24 Q. AND YOU -- I THINK YOU TOLD US A LITTLE BIT ABOUT
25 AMBIEN. IS THAT A SLEEP MEDICATION OR -- THAT WAS GIVEN
801
1 HER. I ASSUME IF SHE DIDN'T GET THAT, SHE WOULD HAVE
2 CONTINUED ON --
3 A. THAT'S RIGHT.
4 Q. -- IN THE MIDDLE OF THE NIGHT, IS THAT RIGHT?
5 A. SHE NEVER WOULD HAVE RELAXED TO -- TO FALL ASLEEP. SHE
6 WAS AWAKE A LOT.
7 Q. JOHN, TECHNICAL. I'M GONNA SHOW YOU AN ENTRY FROM
8 DR. WILDING'S RECORDS, MISS POHLMAN. AND THIS DOCUMENT IS
9 DATED -- IF YOU CAN SEE IT, IS THAT OKAY? CAN YOU SEE IT
10 FINE RIGHT WHERE YOU'RE SEATED?
11 A. UH-HUH.
12 Q. 11/18/95. AND IT'S -- THE NAME OF THE PHYSICIAN IS
13 DR. KELLER. IT'S -- ACTUALLY, WE GOT IT FROM DR. WILDING'S
14 OFFICE, BUT HE WAS THE PHYSICIAN AT THAT TIME. AND THEN
15 THEY HAVE THE NAME OF THE PATIENT, YOUR MOM. AND THEN THEY
16 GO ON TO SAY UNDER PATIENT COMPLAINTS AND NURSES'
17 OBSERVATIONS, FELL ON RIGHT SIDE YESTERDAY AFTERNOON. C.O.,
18 I'LL JUST TELL YOU STANDS FOR COMPLAINS OF PAIN, RIGHT RIB
19 CAGE AREA TODAY. LORTAB GIVEN AT 12:30. DAUGHTER WISH A
20 CONSULT.
21 NOW, IN SEEING THAT, DOES THAT REFRESH YOUR
22 RECOLLECTION ABOUT THAT EVENT?
23 A. WELL, LIKE I SAID, WHEN I CAME INTO HER ROOM, SHE WAS
24 STANDING AT THE END OF THE BED AND SAID SHE COULD NOT MOVE.
25 Q. NOW, THIS IS -- THIS IS ON 11/18/95. IN OTHER WORDS,
802
1 THIS IS POST THE HIP FRACTURE, POST THE SURGERY.
2 A. OH, OH.
3 Q. SO THIS IS -- THIS IS ABOUT A MONTH, WELL, SIX WEEKS OR
4 SO BEFORE HER ADMISSION INTO DAVIS. AND APPARENTLY
5 DR. KELLER SAW HER --
6 A. SO THIS IS WHEN SHE WAS IN THE CARE CENTER. ALL RIGHT.
7 Q. YEAH. AND THERE'S A REFERENCE THERE TO DAUGHTER WISH A
8 CONSULT AND LORTAB GIVEN. I WAS JUST WONDERING IF SEEING
9 THIS REFRESHES YOUR MEMORY ABOUT WHAT HAPPENED AND IF YOU
10 RECALL THIS PROBLEM?
11 A. I THINK -- I HAD NOT REMEMBERED THIS, BUT I -- SEEMS
12 THAT SHE WAS IN BEING BATHED AND FELL SOMEWHERE WITH
13 RELATION TO THE WHEELCHAIR MAYBE. MAYBE THIS IS WHAT THIS
14 IS TALKING ABOUT. THEY SAID THAT SHE -- I DON'T KNOW WHAT
15 THIS CONSULT -- UNLESS IT WAS WITH MY SISTER THAT I WAS
16 GOING TO CONSULT.
17 Q. I DON'T KNOW EITHER. IT JUST SAYS DAUGHTER WISHES
18 CONSULT. YOU ASSUME, WOULD YOU NOT, THAT THAT NORMALLY
19 WOULD BE MAYBE A MEDICAL CONSULT; IN OTHER WORDS, ANOTHER
20 PHYSICIAN?
21 A. PROBABLY. THAT'S JUST BEEN --
22 Q. IT GOES --
23 A. IT'S COMING BACK INTO MY MEMORY, BUT IT HAD BEEN WIPED
24 OUT.
25 Q. SURE, SURE. IS THERE ANYTHING ELSE THEN THAT YOU
803
1 REMEMBER NOW SEEING THIS IN TERMS OF REFRESHING YOUR MEMORY
2 ABOUT WHAT HAPPENED TO YOUR MOM ON OR ABOUT THIS DATE SUCH
3 THAT SHE WAS COMPLAINING OF PAIN --
4 A. MAYBE MY SISTER WOULD MORE. AS I RECALL, IT WAS JUST
5 SOMETHING THAT SHE -- IT'S JUST NOT CLEAR ENOUGH IN MY MIND
6 TO BE MUCH HELP.
7 Q. OKAY. THEN I'LL PUSH THIS UP SO WE CAN ALL SEE IT. AND
8 UNDER DOCTOR'S OBSERVATIONS AND NEW FINDINGS, IT SAYS --
9 MR. MAJOR: WELL, YOUR HONOR, I THINK WE MAY HAVE
10 TO OBJECT AT THIS TIME. I'M NOT SURE -- WE'RE TALKING ABOUT
11 DOCTOR'S OBSERVATION. WE DON'T KNOW WHICH DOCTOR, WE DON'T
12 KNOW IN WHAT RELATIONSHIP, WHEN THIS WAS DONE IN
13 RELATIONSHIP TO THIS CONSULT. WE'VE GOT DR. WILDING, WE'VE
14 GOT DR. KELLER. YOU KNOW. WE DON'T KNOW WHICH DOCTOR PUT
15 THIS IN. WE INTEND TO HAVE TO CALL THE DOCTOR TO EXPLAIN
16 THIS, SO WITHOUT KNOWING WHICH DOCTOR THAT IS, I DON'T THINK
17 THAT BECOMES RELEVANT AT THIS POINT IN TIME.
18 MR. STIRBA: IN TERMS OF THE PHYSICIAN, YOUR HONOR,
19 IT SAID DR. KELLER. AND AS I GO FURTHER HERE -- AND THAT'S
20 DR. KELLER'S SIGNATURE. AND THIS IS D-9 WHICH WE OFFERED
21 YESTERDAY, YOUR HONOR, PROVIDED COUNSEL WITH YESTERDAY
22 MORNING.
23 MR. MAJOR: THAT HASN'T BEEN ADMITTED AND AT THIS
24 POINT IN TIME IT'S HEARSAY. I MEAN WHAT -- I DON'T SEE THE
25 RELEVANCE OF WHAT IT GETS AND THIS WITNESS EITHER AND IT'S
804
1 GONNA REQUIRE US TO HAVE TO CALL THE DOCTOR TO EXPLAIN
2 EXACTLY WHAT THIS ALL MEANS.
3 THE COURT: WHAT IS THE REASON OF ASKING THE
4 QUESTION, I GUESS IS --
5 MR. STIRBA: BECAUSE THERE'S -- THERE'S SOME
6 FINDINGS HERE RELATING TO MISS ANDERSON'S MEDICAL CONDITION.
7 I BELIEVE I'M ENTITLED TO ASK MISS POHLMAN IF SHE REMEMBERS
8 SUCH FINDINGS OR ANY DISCUSSION RELATING --
9 THE COURT: OVERRULED.
10 MR. MAJOR: SHE'S ALREADY TESTIFIED, YOUR HONOR,
11 THAT SHE DOESN'T REMEMBER THIS. SHE DOESN'T REMEMBER THE
12 INCIDENT OF THE CONSULT. AND WE HAVE ANOTHER DAUGHTER. WE
13 DON'T EVEN KNOW IF THIS IS THE DAUGHTER THAT WAS TALKING
14 ABOUT THE CONSULT.
15 THE COURT: OKAY. WELL, HE CAN ASK HER IF SHE
16 KNOWS ANYTHING ABOUT THIS NEXT SECTION. IF SHE DOESN'T, SHE
17 DOESN'T.
18 Q. (BY MR. STIRBA) THE NEXT PORTION, MISS POHLMAN,
19 DOCTOR'S OBSERVATIONS AND FINDINGS, AND IT SAYS, RIGHT CHEST
20 PAIN FROM FALL YESTERDAY. LUNGS CLEAR. THEN IT HAS X-RAY,
21 AND THEN THERE'S AN ARROW. AND IT SAYS POSSIBLE LUNG TUMOR.
22 DO YOU --
23 A. I WAS NOT AWARE OF THAT.
24 Q. YOU WERE NOT AWARE OF THAT.
25 A. UN-UNH.
805
1 Q. HAVE ANY RECOLLECTION OF EITHER DR. KELLER OR
2 DR. WILDING ADVISING YOU OF SOME PROBLEM ASSOCIATED WITH
3 YOUR MOM'S LUNGS OR --
4 A. NO.
5 Q. -- HER BREATHING?
6 A. NO, I DON'T. I -- IT IS VAGUELY FAMILIAR ABOUT HER
7 BEING IN THE -- BEING BATHED AND -- I DON'T KNOW IF SHE
8 WOULD HAVE BEEN SITTING DOWN AND SLIPPED OVER OR WHAT, BUT
9 IT DOES NOW THAT I RECALL -- SEE THAT, SEEMS SOMEWHAT
10 FAMILIAR THAT SHE MAY HAVE HAD THAT SITUATION LIKE THAT THAT
11 SHE FELL. BUT EVIDENTLY, IT WASN'T ENOUGH -- IT DIDN'T LAST
12 LONG ENOUGH THAT IT WAS -- STAYED IN MY MEMORY THAT IT --
13 THE EFFECT FROM THE FALL WAS ONE THAT SHE SEEMED TO BE UPSET
14 ABOUT, HURTING ABOUT, OTHER THAN MAYBE FOR THE TIME THAT IT
15 WOULD BE -- YOU'D BE BRUISED AND WOULD FEEL NORMALLY LIKE
16 THAT. IT WASN'T SOMETHING THAT I RECALL THAT IT WAS --
17 BECAME A PROBLEM.
18 Q. DO YOU REMEMBER AT ABOUT THIS TIME PERIOD HAVING A
19 DISCUSSION WITH EITHER DR. WILDING OR DR. KELLER ABOUT
20 EXTRAORDINARY MEASURES AND WHETHER THEY WOULD BE USED IN THE
21 EVENT YOUR MOM HAD A SERIOUS MEDICAL CONDITION?
22 A. I DIDN'T TALK WITH THE DOCTORS. I HAD FILLED OUT THOSE
23 FORMS MONTHS BEFORE, AS I FILLED THEM OUT ON MYSELF, THAT I
24 DIDN'T -- WE WOULD NOT DO EXTRAORDINARY MEASURES.
25 Q. THESE WERE FILLED OUT MONTHS BEFORE THE ADMISSION TO THE
806
1 HOSPITAL? AND I'M TALKING ABOUT DAVIS HOSPITAL?
2 A. NO, NO, I'M TALKING ABOUT DURING THE BEGINNING OF THAT
3 TIME PERIOD AS I RECALL IS WHEN I THOUGHT THIS IS WHEN I --
4 IT LOOKED LIKE SHE WAS GOING INTO THE CARE CENTER FOR A
5 TIME, THAT THOSE -- I WANTED THOSE FORMS IN A LEGAL MANNER.
6 Q. PARDON ME?
7 A. I WANTED THE FORMS FILLED OUT LEGALLY THAT --
8 Q. I SEE.
9 A. -- WHERE YOU GIVE THE LIVING WILL, AND I FILLED THEM OUT
10 ON MYSELF, AND MY HUSBAND DID IT THE SAME TIME.
11 Q. AND THEY WERE PROVIDED TO THE PIONEER CARE CENTER?
12 A. THAT'S RIGHT.
13 Q. NOW, I WANNA DIRECT YOUR ATTENTION TO THE BOTTOM ENTRY
14 WHICH IS 11/18/95. AND YOU SEE DOWN IN THE BOTTOM LITTLE
15 CORNER THERE IT SAYS B.K., AN THEN SLASH J.C. B.K. STANDS
16 FOR BRUCE KELLER. HE'S THE DOCTOR WE -- THAT WAS ON THE
17 OTHER DOCUMENT. AND SAYS 11/18/96 --
18 THE COURT: FIVE.
19 MR. STIRBA: THANK YOU, YOUR HONOR.
20 Q. IT SAYS, FELL LAST NIGHT. HURT HER RIGHT ANTERIOR RIB
21 CAGE. CHEST X-RAY WAS TAKEN. THERE APPEARS TO BE A TUMOR
22 IN THE LUNG. I AM GOING TO HAVE IT REVIEWED BY THE
23 RADIOLOGIST. SHE IS GOING TO CHECK BACK FROM THE NURSING
24 HOME. HER DAUGHTER WAS WITH HER AND INDICATED TO ME THAT
25 THEY DIDN'T WANT ANYTHING DONE, BUT THEY WERE HOPING THAT
807
1 SHE COULD NOT SUFFER, AND THEY WERE GOING TO LET HER DIE IF
2 SOMETHING SERIOUS WENT WRONG.
3 DO YOU RECALL --
4 A. NO, I DON'T RECALL THAT SITUATION.
5 Q. -- SUCH A CONVERSATION --
6 A. I DON'T, BUT IF THAT WAS ME, I KNOW IT WOULD BE BECAUSE
7 OF WHAT HAD HAPPENED BEFORE WITH THE ANESTHETIC. THAT --
8 AND AT HER AGE AND HER WEAK, FRAIL CONDITION, THAT I
9 WOULDN'T HAVE ANY MORE SURGERY DONE. AND I HAVE FELT -- I
10 FELT SINCE THAT TIME, IF HAD I KNOWN BEFORE WHAT I KNEW
11 THEN, THAT HER MENTAL STATE WOULD HAVE DETERIORATED LIKE IT
12 DID AFTER THAT HIP SURGERY, I WOULD REALLY PROBABLY NOT EVEN
13 HAVE HAD THAT TAKEN -- DONE BECAUSE IT WAS -- THE PHYSICAL
14 PAIN THAT SHE WAS IN WAS SO MUCH MORE THAN ANY PHYS -- THE
15 MENTAL PAIN THAT SHE WAS IN WAS SO MUCH MORE THAN ANY
16 PHYSICAL PAIN THAT SHE COULD HAVE BE IN, IT WAS EXTREME.
17 Q. IN OTHER WORDS, IN THAT RETROSPECT GIVEN THE
18 DEVELOPMENTS AFTER THE SURGERY --
19 A. AFTER THE ANESTHETIC.
20 Q. YEAH, THE HIP SURGERY, DEVELOPING MENTALLY FOR HER, YOU
21 WOULD HAVE OPTED --
22 A. IT WAS TERRIBLE.
23 Q. -- THAT SHE WOULDN'T HAVE THE SURGERY.
24 A. I PROBABLY WOULD HAVE BEEN IN THAT SITUATION. AND
25 THAT'S WHERE THIS -- I DON'T HAVE ANY RECOLLECTION OF
808
1 THAT -- THE LUNG TUMOR. I DON'T --
2 Q. AND YOU DON'T HAVE A RECOLLECTION OF THAT, A
3 CONVERSATION LIKE THAT ABOUT THIS TIME WITH DR. KELLER?
4 A. I DON'T.
5 Q. THERE'S AN ENTRY ON 7/27/95 THAT'S SORT OF IN THE MIDDLE
6 THERE. AND IT LOOKS LIKE THE INITIALS, AND THEN IT'S ALSO
7 SIGNED D.W. AND THAT I'LL TELL YOU STANDS FOR DAVID WILDING.
8 IT'S DR. WILDING. AND IF YOU'LL NOTICE IN THAT ENTRY WHERE
9 IT SAYS THERE'S THE BLOOD PRESSURE 110 OVER 60, IT SAYS, SHE
10 IS ALERT. HOWEVER, COGNITIVE FUNCTION IS DIMINISHED.
11 ABDOMEN NONTENDER AT THIS TIME. AND THEN HE GOES ON TO
12 STATE VARIOUS OPTIONS DISCUSSED WITH THE FAMILY. AT THIS
13 TIME, COMFORT CARE MEASURES TO BE EMPLOYED.
14 DO YOU RECALL A CONVERSATION LIKE THAT WITH DR. WILDING
15 CONCERNING COMFORT CARE MEASURES?
16 A. UH-HUH.
17 Q. GUESS I DON'T HAVE THAT ALL THE WAY ON THERE. THERE WE
18 GO.
19 DO YOU REMEMBER SUCH A CONVERSATION?
20 A. I'M SURE I HAD THAT CONVERSATION LIKE THAT IN JULY.
21 Q. AND WHY ARE YOU SURE THAT YOU HAD THAT IN JULY?
22 A. WELL, IT'S DATED JULY. I DON'T HAVE A RECOLLECTION OF
23 THE TIME FRAME.
24 Q. OKAY. BUT DO YOU REMEMBER SUCH A CONVERSATION WITH
25 DR. WILDING?
809
1 A. BEING -- I SUPPOSE I DID. WE WERE -- HAD SEEN A LOT OF
2 DOCTORS AND I SUPPOSE HE WAS THE ONE THAT I DID TALK WITH
3 ABOUT THE CARE THAT WE WOULD LIKE TO HAVE OCCUR. FURTHER
4 CARE.
5 Q. DID YOU KNOW, DID YOU EVER TALK WITH DR. WILDER OR
6 REMEMBER TALKING TO HIM ABOUT COMFORT CARE MEASURES?
7 A. WELL, IT SAYS SO.
8 THE COURT: MISS POHLMAN, IF YOU DON'T HAVE A
9 MEMORY --
10 THE WITNESS: I DON'T.
11 THE COURT: -- JUST TELL US YOU DON'T HAVE A --
12 THE WITNESS: IT'S VAGUE.
13 THE COURT: -- MEMORY. JUST BECAUSE THE MEDICAL
14 RECORD SAYS THAT, IF YOU DON'T HAVE A MEMORY --
15 THE WITNESS: RIGHT, I -- I DON'T REALLY. BUT I
16 KNOW THAT IS MY OPINION, AND SO IF I WAS IN THE CONVERSATION
17 WITH SOMEONE THAT'S WHAT I WOULD EXPRESS.
18 Q. (BY MR. STIRBA) NOW, IT'S TRUE, IS IT NOT, THAT YOU
19 UNDERSTAND THAT DIANE HAD A CONVERSATION WITH SOMEBODY FROM
20 THE HOSPITAL TOWARDS THE END OF DECEMBER, PRIOR TO THE
21 ADMISSION, IS THAT RIGHT?
22 A. CORRECT, CORRECT.
23 Q. AND THAT CONVERSATION WAS WITH SOMEBODY --
24 MR. MAJOR: YOUR HONOR --
25 MR. STIRBA: -- WHO APPARENTLY --
810
1 MR. MAJOR: -- WE'RE GONNA OBJECT THIS POINT IN
2 TIME IF HE'S GETTING INTO THE CONVERSATION WITH DIANE, DIANE
3 IS PRESENT. APPARENTLY WE'RE GETTING INTO HEARSAY
4 STATEMENTS AS TO WHAT WAS SAID WITH DIANE --
5 THE COURT: OKAY. WHERE IS THIS GOING?
6 MR. STIRBA: WELL, SHE TESTIFIED ON DIRECT ABOUT
7 THIS VERY SUBJECT MATTER AND I'M JUST INQUIRING FURTHER
8 ABOUT IT, THE CONVERSATION, HER UNDERSTANDING, WAS ALL
9 BROUGHT OUT ON DIRECT TESTIMONY.
10 THE COURT: OKAY. ASK THE QUESTION AGAIN.
11 Q. (BY MR. STIRBA) YES, YOU UNDERSTAND THAT DIANE TALKED
12 WITH SOMEBODY FROM THE DAVIS HOSPITAL?
13 A. THAT'S CORRECT.
14 Q. AND DID YOU UNDERSTAND AT THE TIME THAT YOU WENT WITH
15 YOUR MOM TO THE DAVIS HOSPITAL, THAT DIANE WAS INTERESTED IN
16 SEEING WHETHER THE HOSPITAL COULD PROVIDE MORPHINE FOR YOUR
17 MOM?
18 A. THAT'S CORRECT.
19 Q. AND THE PURPOSE OF THAT, IF I UNDERSTAND IT, WAS THAT
20 YOU BOTH THOUGHT THAT SINCE NONE OF THE OTHER MEDICATIONS
21 WERE WORKING, THAT PERHAPS MORPHINE WOULD HAVE A CALMING
22 INFLUENCE ON YOUR MOM?
23 A. IT WAS MY UNDERSTANDING TO MYSELF THAT I DIDN'T KNOW
24 THE -- ANYTHING ABOUT MORPHINE OTHER THAN MY SISTER HAD SAID
25 THAT HOSPITALS WERE ABLE TO ADMINISTER IT AND IT WOULD BE
811
1 MORE OF A -- GIVE A CALMING EFFECT, SHE THOUGHT, THAT -- AND
2 IT SEEMED THAT IF WE COULD GET HER CALM, THAT MAYBE OTHER
3 MEDICATIONS COULD BE BROUGHT IN THAT WOULD KEEP HER IN A
4 SITUATION WHERE SHE WOULD NOT BE IN THIS TERROR AND --
5 TERROR AND FEAR AND FOR AS LONG AS SHE WAS LIVING, THAT HER
6 MENTAL CONDITION COULD BE MORE WITHOUT THE EXTREME PAIN.
7 AND SO THAT WAS -- I WAS WILLING TO THAT HAVE OPTION TRIED
8 BECAUSE AS I SAID, FOR SIX MONTHS WE HAD BEEN TRYING
9 EVERYTHING WE COULD TO ALLEVIATE HER EXTREME MENTAL PAIN.
10 Q. BEFORE SHE WAS ADMITTED TO THE HOSPITAL, A FEW WEEKS
11 BEFORE, A MONTH BEFORE, DID EITHER DR. WILDING OR ANY OTHER
12 PHYSICIAN TELL YOU THAT SHE HAD PNEUMONIA?
13 A. THIS WAS BEFORE THE HIP SURGERY?
14 Q. NO, NO, BEFORE GOING INTO THE DAVIS HOSPITAL --
15 A. OH, THE DAVIS HOSPITAL.
16 Q. -- IN NOVEMBER OR DECEMBER, DID ANY DOCTOR SAY, YOU
17 KNOW, WE DID A CHEST X-RAY. IT LOOKS LIKE YOUR MOM HAS
18 PNEUMONIA.
19 A. I DON'T RECALL THAT. SHE HAD ON OCCASION COLD AND --
20 AND STUFFED NOSE AND THINGS LIKE THAT. AND IF THE DOCTOR
21 FELT THAT IT HAD DEVELOPED INTO PNEUMONIA, I DON'T RECALL.
22 Q. OKAY. DID ANY DOCTOR EVER TELL YOU, HEY, WE DID A CHEST
23 X-RAY, AND THERE'S A COMPLICATION. MAYBE IT'S NOT
24 PNEUMONIA, BUT THERE'S A PROBLEM IN HER LUNGS --
25 A. I DON'T REMEMBER --
812
1 Q. -- THAT YOU NEED TO LOOK AT?
2 A. -- AN X-RAY OR TAKING HER OUT -- WAIT. IT WAS JUST --
3 IT MAY SEEM STRANGE THAT I CAN'T RECALL SPECIFICALLY, BUT IT
4 WAS JUST LIVING THROUGH ONE DAY AND THEN FORGETTING IT AND
5 GOING TO THE NEXT DAY --
6 Q. IT WOULDN'T SEEM STRANGE AT ALL.
7 A. -- AND SO --
8 Q. SURE.
9 A. -- I DON'T RECALL.
10 Q. I'M SURE YOU WERE FOCUSING ON THE MENTAL TERROR --
11 A. UH-HUH.
12 Q. -- IS THAT RIGHT?
13 A. YES, THAT'S WHAT WE WERE.
14 Q. MISS POHLMAN, I'M GONNA PUT BEFORE YOU STATE'S EXHIBIT
15 6, WHICH IS A BINDER OF THE MEDICAL RECORDS FROM THE
16 HOSPITAL. WE'RE GONNA BE REFERRING TO THIS, AND LET ME SEE
17 IF I CAN FIND THIS FOR YOU AND MAKE IT EASY.
18 AND THERE'S THE SECTION I'M REFERRING TO.
19 A. THIS IS WHICH HOSPITAL?
20 Q. THIS IS --
21 A. DAVIS HOSPITAL?
22 Q. THIS IS THE DAVIS HOSPITAL RECORD. AND WHAT YOU HAVE IN
23 FRONT OF YOU IS A -- IT SAYS AT THE TOP, A NURSING ADMISSION
24 ASSESSMENT. AND YOU SEE THERE THAT THERE'S THE NAME OF YOUR
25 MOM, AND THEN IT HAS SIGNIFICANT OTHER, YOU SEE BARBARA
813
1 POHLMAN.
2 A. I DO, UH-HUH.
3 Q. AND YOU MAY NOT RECOGNIZE THIS DOCUMENT, BUT YOU DID
4 TESTIFY THAT THERE WAS A BUNCH OF INFORMATION THAT WAS BEING
5 PROVIDED AT THE TIME.
6 A. UH-HUH.
7 Q. AND THIS ASSESSMENT FORM APPEARS TO HAVE A NUMBER OF
8 ENTRIES RELATING TO INFORMATION THAT WERE PROVIDED ON
9 ADMISSION. IF YOU'LL TURN TO THE SECOND PAGE, WHICH IS JUST
10 PAGE 2, ARE YOU WITH ME? IT'S DOWN AT THE BOTTOM.
11 A. I AM.
12 Q. AND YOU WERE -- YOU WERE WITH YOUR MOM, IS THAT RIGHT,
13 ON THE ADMISSION?
14 A. YES, THAT'S RIGHT.
15 Q. NOW, THERE ARE A NUMBER OF MEDICATIONS IT SAYS CURRENTLY
16 IN USE IN THAT LITTLE BOX THERE TO THE LEFT. DO YOU SEE
17 THAT?
18 A. I DO.
19 Q. AND ONE OF THE MEDICATION'S IDENTIFIED AS -- LOOKS LIKE
20 AMITRIPTYLINE, THE FIRST ONE.
21 A. UH-HUH.
22 Q. AND I THINK YOU TESTIFIED ON DIRECT ABOUT THAT, IS THAT
23 RIGHT? I THOUGHT YOU MENTIONED THAT MEDICATION.
24 A. I DIDN'T SAY THAT WORD.
25 Q. OKAY. I MUST HAVE MISHEARD. DO YOU KNOW WHAT THE
814
1 AMITRIPTYLINE WAS FOR?
2 A. AS I RECALL, IT WAS FOR HER MENTAL CONDITION.
3 Q. OKAY. SOME KIND OF PSYCH MEDICATION?
4 A. TO TRY AND ALLEVIATE THE DEPRESSION. IF THAT'S THE WAY
5 YOU REFER TO IT, PSYCH.
6 Q. AND THEN WE HAVE -- THERE'S ANOTHER ONE, LASIX. DO YOU
7 SEE THAT? THAT'S THE NEXT ONE.
8 A. UH-HUH.
9 Q. DO YOU KNOW WHAT LASIX WAS GIVEN FOR?
10 A. NOT ANYMORE, I DON'T.
11 Q. PARDON ME?
12 A. I DON'T RECALL NOW.
13 Q. AND THEN IT HAS NITROSTAT?
14 A. UH-HUH, I SEE THAT.
15 Q. DO YOU SEE THAT?
16 A. FOR CHEST PAIN.
17 Q. THEN IT SAYS P.R.N. CHEST PAIN. DO YOU REMEMBER HER
18 RECEIVING NITROSTAT?
19 A. NO.
20 Q. AND THEN IT HAS AMBIEN, AND IT LOOKS LIKES P.R.N. SLEEP.
21 THAT WOULD BE THE SLEEP MEDICATION?
22 A. OKAY.
23 Q. AND THEN THERE'S LORTAB, AND IT SAYS ONE TAB, THEN IT'S
24 GOT THAT MEDICAL WAY THEY PUT IT, Q-4 TO 6, P.R.N. PAIN.
25 DO YOU REMEMBER HER RECEIVING LORTAB?
815
1 A. YEAH, THAT DOES SOUND A FAMILIAR NAME. THE PAIN PILL
2 WOULD BE JUST FOR COMFORT OF THE OSTEOPOROSIS THAT I WOULD
3 HAVE KNOWLEDGE ABOUT. WAS NOT -- SHE WAS NOT COMPLAINING OF
4 PAIN PER SE, OTHER THAN JUST THIS CONSTANT DESCRIPTION OF
5 ANXIETY THAT SHE --
6 Q. THE OSTEOPOROSIS, THOUGH, DID AT TIMES CAUSE --
7 A. WELL --
8 Q. -- BONE FRACTURES, DIDN'T IT?
9 A. YEAH, RIGHT.
10 Q. FOR EXAMPLE, THE HIP FRACTURE, DIDN'T THAT RELATE TO THE
11 OSTEOPOROSIS?
12 A. THAT'S CORRECT.
13 Q. AND DIDN'T SHE HAVE SOME SPINAL FRACTURES AS WELL?
14 A. UH-HUH.
15 Q. AND SO AT TIMES, THOSE FRACTURES WOULD HAVE BEEN
16 PAINFUL, IS THAT TRUE? Not according to Sumko, but...
17 A. RIGHT. I WOULDN'T -- I, YOU KNOW, PAIN IS -- ARTHRITIS
18 PAIN, YOU WOULD -- YOU JUST LIVE THROUGH THOSE WITH THAT AND
19 TAKE THINGS PERIODICALLY TO ALLEVIATE THE -- THE SEVERITY,
20 BUT EXCRUCIATING PAIN, SHE NEVER -- SHE DIDN'T COMPLAIN THAT
21 WAY TO ME.
22 Q. THERE'S AN ENTRY ALSO ON THIS PAGE THAT I WANNA ASK YOU
23 ABOUT. AND I REALIZE THIS IS WHAT SOMEONE PUT DOWN, BUT I'M
24 JUST WONDERING IF THIS REFRESHES YOUR RECOLLECTION --
25 MR. MAJOR: YOUR HONOR, I THINK THAT WOULD BE A --
816
1 ONE OF THE QUESTIONS WE'D HAVE ON THIS AS FAR AS FOUNDATION
2 IS CONCERNED. WE WOULD LIKE A FOUNDATION AS TO IS THIS
3 SOMETHING THAT SHE WAS TELLING THE NURSES OR IS THIS
4 SOMETHING THE NURSES OBTAINED FROM SOME OTHER SOURCE. IT'S
5 DIFFICULT TO KNOW HERE WHETHER WE'RE TALKING ABOUT THIS IS
6 FROM HER OWN PERSONAL KNOWLEDGE THAT SHE GAVE THIS ON THE
7 RECORD OR WHETHER IT CAME FROM SOME OTHER SOURCE. AND IF
8 THAT'S THE CASE, IT CAME FROM SOME OTHER SOURCE, I THINK WE
9 JUST NEED TO ASK HER IF SHE HAS ANY RECOLLECTION OF THIS.
10 THE COURT: I THINK THE DOCUMENT'S BEING USED TO
11 REFRESH HER RECOLLECTION OF SUBJECT MATTERS THAT WERE
12 DISCUSSED, IS THAT CORRECT?
13 MR. STIRBA: THAT'S CORRECT. AND I'M JUST GONNA
14 ASK HER IF SHE REMEMBERS, YOUR HONOR. IF SHE DOES, FINE.
15 IF SHE DOESN'T, FINE.
16 THE COURT: GO AHEAD.
17 Q. (BY MR. STIRBA) THE ENTRY THAT I WANNA ASK YOU ABOUT,
18 MISS POHLMAN, IS UNDER IMMUNIZATIONS, THAT'S SORT OF TOWARDS
19 THE TOP THERE, AND IT HAS HEPATITIS B. AND THEN A BLANK.
20 PNEUMONIA, BLANK. FLU, BLANK. AND THEN TETANUS, BLANK.
21 AND THEN IT SAYS, REQUESTS NOT TO BE DONE.
22 A. UH-HUH.
23 Q. DO YOU HAVE ANY RECOLLECTION OF MAKING SOME KIND OF --
24 DID YOU PROVIDE SOME DIRECTION TO THE HOSPITAL AT THE TIME
25 OF THE ADMISSION CONCERNING ANY OF THOSE MATTERS?
817
1 A. I'M SURE I WOULD HAVE SAID THAT THIS WOULD BE SOMETHING
2 TO EXTEND HER DISCOMFORT, I WOULD NOT WANT THAT TO BE IN THE
3 STATE SHE WAS IN. In other words, prolong her dying.
4 Q. AND WHAT IS IT THAT YOU WOULD NOT WANT TO BE DONE?
5 A. THE MENTAL STATE, I WOULD NOT -- WELL, IT'S LIKE THAT
6 FORM I FILLED OUT BEFORE, EXTRAORDINARY MEASURES TAKEN, THAT
7 WOULD BE PART OF IT.
8 Q. FOR EXAMPLE, ONE OF THE REFERENCES THERE IS PNEUMONIA.
9 A. UH-HUH.
10 Q. AND IF SHE DEVELOPED PNEUMONIA WHILE IN THE HOSPITAL,
11 WOULD YOU WANT THAT TO HAVE BEEN TREATED AT THE TIME?
12 A. YES, I GUESS I WOULD HAVE TO DISCUSS IT WITH A DOCTOR
13 AND KNOW WHAT HE FELT SHOULD HAPPEN. BUT I WAS -- I FELT
14 THAT THE CONDITION HER MIND WAS IN WAS SO PAINFUL TO HER
15 THAT I WOULD NOT -- IF IT WAS GOING TO PHYSICALLY MAKE HER
16 BETTER BUT NOT MENTALLY MAKE HER BETTER, THAT WOULD NOT HAVE
17 BEEN GOOD FOR HER.
18 Q. SO IF THEY COULD TREAT THE PNEUMONIA, AND IT WOULD ONLY
19 RESOLVE THINGS PHYSICALLY BUT WOULD NOT CHANGE HER MENTAL
20 SITUATION, WAS IT YOUR POSITION AT THE TIME THAT THEY SHOULD
21 NOT TREAT THE PNEUMONIA?
22 A. IT WAS MY UNDERSTANDING BY OUR GOING TO THE DAVIS
23 HOSPITAL THAT HER MENTAL CONDITION WOULD BE IMPROVED. THAT
24 THEY ASSURED US IN THAT INTERVIEW THAT SHE WOULD BE ABLE TO
25 RECEIVE HELP THAT WOULD GIVE HER SOME RELIEF FROM THIS
818
1 EXTREME ANXIETY AND PAIN THAT SHE HAD. IF THAT HAD OCCURRED
2 AND THE PNEUMONIA HAD DEVELOPED, THEN I THINK THAT WOULD
3 HAVE BEEN ANOTHER SITUATION TO LOOK AT. BUT THE EXTREME
4 PAIN THAT SHE WAS SUFFERING AT THAT TIME AND HAD BEEN FOR
5 SIX MONTHS, AS I SAID, I FELT THAT WAS THE MORE SEVERE THING
6 TO LIVE THROUGH. THE PAIN, MENTAL PAIN.
7 THE COURT: MR. STIRBA, HOW MUCH LONGER ARE YOU
8 GOING TO BE?
9 MR. STIRBA: I DO HAVE A FEW MORE QUESTIONS ON THIS
10 FORM, YOUR HONOR.
11 THE COURT: OKAY. THEN WHY DON'T WE TAKE -- LADIES
12 AND GENTLEMEN, LET'S TAKE A BREAK FOR THE MORNING.
13 (AFTER ADMONISHING THE JURY, THE COURT TOOK A
14 BRIEF RECESS.)
15 MR. STIRBA: CAN THE WITNESS GO BACK TO THE STAND,
16 YOUR HONOR?
17 THE COURT: YES, IF YOU WOULD PLEASE, MISS POHLMAN.
18 (THE JURY RETURNS TO THE COURTROOM.)
19 THE COURT: ALL RIGHT. PLEASE BE SEATED. THE
20 RECORD SHOULD REFLECT THAT THE ATTORNEYS FOR THE PARTIES ARE
21 PRESENT, THE DEFENDANT IS PRESENT, AND THE JURY IS ALL BACK.
22 AND THE WITNESS IS ON THE STAND. MR. STIRBA, YOU ARE
23 EXAMINING THIS WITNESS.
24 MR. STIRBA: YES, THANK YOU, YOUR HONOR.
25 Q. IS THAT BINDER STILL UP THERE IN FRONT OF YOU?
819
1 A. NO, IT'S NOT.
2 MS. BARLOW: HERE IT IS.
3 Q. (BY MR. STIRBA) HAVE I FLIPPED, MISS POHLMAN, TO WHAT
4 APPEARS TO BE PAGE 3 AT THE BOTTOM OF THAT FORM? DO YOU
5 HAVE THAT IN FRONT OF YOU?
6 A. YES.
7 Q. NOW, ON PAGE 3, THERE'S SOME REFERENCES -- AND I JUST
8 WANNA ASK YOU IF THIS IS CORRECT -- TO SOME FRACTURES AND
9 THERE'S A REFERENCE AT THE TOP YOU'LL -- YOU ALREADY TALKED
10 OBVIOUSLY ABOUT THE HIP FRACTURE. BUT THEN IF YOU GO DOWN
11 THERE'S A REFERENCE TO A WRIST FRACTURE F.X. DO YOU SEE
12 THAT?
13 A. ON PAGE 4, ARE YOU?
14 Q. ON PAGE 3, MA'AM.
15 IF I MAY ASSIST, YOUR HONOR?
16 A. IT'S ON DIET ON PAGE 3 HERE.
17 THE COURT: YES.
18 Q. (BY MR. STIRBA) MAYBE I GAVE YOU THE WRONG PAGE.
19 YEAH, RIGHT. THIS IS WHERE I'M READING RIGHT HERE.
20 A. OH, I SEE.
21 Q. THIS IS THE PAGE.
22 A. RIGHT, I SAW THAT.
23 Q. THERE'S A REFERENCE TO A WRIST FRACTURE F.X. AND SEE UP
24 AT THE --
25 A. I DO.
820
1 Q. -- TOP CORNER THERE'S A LIST OF CERTAIN THINGS. DO YOU
2 REMEMBER YOUR MOM HAVING A WRIST FRACTURE?
3 A. YES, I DO.
4 Q. THEN ALSO THERE'S ANOTHER FRACTURE, LOOKS LIKE AN ANKLE
5 F.X. FRACTURE. DO YOU SEE THAT?
6 A. THAT'S RIGHT, UH-HUH.
7 Q. DO YOU RECALL YOUR MOM HAVING THAT FRACTURE AS WELL?
8 A. I DO.
9 Q. AND THEN ALSO, IN THE MIDDLE OF THAT, THAT FORM, IT SAYS
10 RECENT WEIGHT CHANGES.
11 A. YES.
12 Q. AND THERE'S A CHECK UNDER LOSS AND THEN WE HAVE
13 20 POUNDS SINCE JUNE.
14 A. YES.
15 Q. IS THAT ABOUT RIGHT? YOU TESTIFIED ABOUT THE WEIGHT
16 LOSS. DOES THAT --
17 A. THAT'S RIGHT.
18 Q. -- SOUND ABOUT RIGHT?
19 A. RIGHT. SHE WAS NOT EATING.
20 Q. AND THEN I WANNA ASK YOU ABOUT ONE OTHER ENTRY FROM
21 DR. WILDING'S RECORDS. PUT THAT UP. AND LET ME PUT THIS IN
22 PLACE. I WANNA DIRECT YOUR ATTENTION TO THE 11/15/95 ENTRY.
23 IT'S TOWARDS THE BOTTOM ABOVE THE 11/18 ONE. AND YOU'LL
24 NOTICE HE -- AFTER HE HAS THE DATE, HE INDICATES CERTAIN
25 THINGS HE OBSERVED. AND THEN HE'S GOT AN A. AND THEN HE'S
821
1 GOT A DASH AND STARTS, PATIENT WITH DEPENDENT.
2 DO YOU SEE WHERE I'M READING?
3 A. YES, I DO.
4 Q. AND IT SAYS, DEPENDENT, EDEMA SLASH MILD CONGESTIVE
5 HEART FAILURE SLASH COUGH.
6 I JUST WANT TO KNOW, DO YOU REMEMBER IF AT ANY TIME
7 DR. WILDING SAID ANYTHING TO YOU ABOUT CONGESTIVE HEART
8 FAILURE OR ANY KIND OF HEART PROBLEM RELATING TO YOUR
9 MOM?
10 A. NO, NOT TO MY RECOLLECTION, HE DID NOT. BUT MOST OF THE
11 TIME WHEN HE WOULD -- EXAMINED HER, HE CAME IN WHENEVER IT
12 WAS CONVENIENT FOR HIM AND I DON'T RECALL BEING THERE WHEN
13 HE CAME IN TO TALK PERSONALLY.
14 Q. SO HE MIGHT SEE YOUR MOM AND NOT --
15 A. AND MAKE THE --
16 Q. -- NOT EVEN COMMUNICATE WITH YOU?
17 A. WELL, I DON'T RECALL IT. MAYBE HE DID WITH MY SISTER
18 AND SHE AND I DISCUSSED IT AFTERWARD, BUT I DON'T RECALL
19 THAT STATEMENT TO ME.
20 Q. OKAY.
21 A. THAT CONGESTIVE HEART FAILURE.
22 MR. STIRBA: THANK YOU VERY MUCH.
23 THAT'S ALL THE QUESTIONS I HAVE, YOUR HONOR.
24 THE COURT: OKAY. ANY REDIRECT, MR. MAJOR?
25 MR. MAJOR: WE DO HAVE SOME.
822
1 REDIRECT EXAMINATION
2 BY MR. MAJOR:
3 Q. MISS POHLMAN, SO THE BEST OF YOUR RECOLLECTION, DO YOU
4 EVER -- WERE YOU EVER PRESENT WHEN DR. WILDING DID AN
5 EXAMINATION OF YOUR MOTHER?
6 A. NO. I WAS -- I DON'T RECALL THAT I WAS.
7 Q. YOU DON'T KNOW WHAT RESULTS OF THAT EXAMINATION WOULD
8 HAVE BEEN, HOW LONG HE SPENT, WHAT TYPE THINGS HE DID?
9 A. NO, I DON'T.
10 Q. NOW, YOU ALSO INDICATED THERE WAS SOME INFORMATION ON
11 THE MEDICAL RECORDS ABOUT A RADIOLOGIST LOOKING AT A LUNG
12 TUMOR. WERE YOU EVER TOLD THAT THERE WAS A POSSIBILITY OF A
13 LUNG TUMOR?
14 A. NO.
15 Q. WAS YOUR MOTHER EVER TREATED FOR THAT?
16 A. NO.
17 Q. DID YOU EVER RECEIVE ANYTHING FROM A RADIOLOGIST OR ANY
18 FOLLOW-UP THAT THERE WOULD BE A PROBLEM WITH THAT?
19 A. NO.
20 Q. YOU ALSO TESTIFIED BOTH I GUESS ON CROSS AND ON DIRECT A
21 LITTLE ABOUT THAT YOU WERE LOOKING FOR A POSSIBILITY OF
22 USING MORPHINE TO HELP YOUR MOTHER'S CONDITION, IS THAT
23 CORRECT?
24 A. WELL, MY SISTER HAD SUGGESTED IT AND I --
25 Q. YOU WENT ALONG --
823
1 A. -- WENT ALONG WITH HER, UH-HUH, UH-HUH.
2 Q. DID YOU EVER SPEAK TO ANYONE CONCERNING THE EFFECTS OF
3 MORPHINE?
4 A. NO. AS FAR AS I KNEW, IT WAS JUST SOMETHING THAT WOULD
5 RELAX SOMEONE.
6 Q. DO YOU HAVE ANY OTHER UNDERSTANDING OF WHAT MORPHINE
7 DOES?
8 MR. STIRBA: I'M GONNA OBJECT, YOUR HONOR, AS TO
9 TIME PERIOD, AS OF THE TIME --
10 THE COURT: ARE YOU ASKING AT THE TIME --
11 MR. MAJOR: THE TIME FRAME, YEAH --
12 Q. THE TIME PRIOR TO THE TIME YOUR MOTHER WENT INTO THE
13 GEROPSYCH UNIT, DID YOU HAVE ANY OTHER KNOWLEDGE OF WHAT
14 MORPHINE WAS OR WHAT IT WAS USED FOR?
15 A. NO, I DID NOT. I KNEW CANCER PATIENTS RECEIVED IT IN
16 THE LATER STAGES.
17 Q. DID YOU EVER DISCUSS WITH ANYONE THE SIDE EFFECTS OF
18 MORPHINE?
19 A. NO.
20 Q. YOU EVER DISCUSS WITH ANYONE THE RISKS OF MORPHINE?
21 A. NO.
22 Q. AND WHEN YOU TOOK HER TO THE HOSPITAL, I GUESS THERE WAS
23 SOME CONVERSATION ABOUT POSSIBILITY OF USING MORPHINE?
24 A. NO, THERE WAS NOT ANY CONVERSATION THAT NIGHT --
25 Q. THAT NIGHT.
824
1 A. -- ABOUT USING IT. WE -- I HAD DISCUSSED IT WITH THE
2 MAN AT THE CARE CENTER, IT WAS THE ONLY TIME.
3 Q. NOW, DID YOU HAVE -- YOU INDICATED ALSO THAT YOUR MOTHER
4 HAD SUFFERED A WRIST FRACTURE. HOW LONG AGO WAS THAT?
5 A. IT WAS A NUMBER OF YEARS AGO. IT'S WHEN SHE WAS LIVING
6 ON -- LIVING BY HERSELF. I WOULD SAY SHE WAS IN HER SIXTIES
7 OR SEVENTIES.
8 Q. AND HOW ABOUT THE ANKLE FRACTURE?
9 A. SAME, IT WAS A NUMBER OF YEARS BEFORE.
10 Q. AND HAD SHE EVER HAD ANY PROBLEMS WITH EITHER ONE OF
11 THOSE?
12 A. NO.
13 Q. SHE EVER TAKE ANY MEDICATION FOR 'EM?
14 A. NO.
15 MR. MAJOR: WE HAVE NO FURTHER QUESTIONS, YOUR
16 HONOR.
17 THE COURT: ANYTHING FURTHER OF THIS WITNESS?
18 MR. STIRBA: I HAVE NONE, YOUR HONOR. THANK YOU.
19 THE COURT: MAY THIS WITNESS BE EXCUSED?
20 MR. MAJOR: SHE MAY, YOUR HONOR.
21 THE COURT: OKAY. THANK YOU.
22 MR. STIRBA: YES.
23 MR. MAJOR: WE CALL DIANE TO STAND.
24 THE COURT: MARIAH.
25 MR. MAJOR: MARIAH. I APOLOGIZE. I'VE GOT SO MANY
825
1 NAMES GOING THROUGH MY MIND.
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.