Vonda Alldredge
24 VONDA ALLDREDGE,
25 CALLED BY THE PLAINTIFF, HAVING BEEN DULY
923
1 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
2 DIRECT EXAMINATION
3 BY MR. MAJOR:
4 Q. MA'AM, WOULD YOU STATE YOUR NAME FOR THE RECORD?
5 A. VONDA ALLDREDGE.
6 Q. WOULD YOU SPELL YOUR LAST NAME FOR THE RECORD?
7 A. A-L-L-D-R-E-D-G-E.
8 Q. AND MISS ALLDREDGE, WHAT IS YOUR RELATIONSHIP OR WAS THE
9 RELATIONSHIP TO ENNIS ALLDREDGE?
10 A. HE WAS MY HUSBAND.
11 Q. LET ME SHOW YOU WHAT'S BEEN MARKED FOR IDENTIFICATION AS
12 PLAINTIFF'S EXHIBIT NUMBER 12 AND ASK YOU, DO YOU RECOGNIZE
13 THAT?
14 A. YES.
15 Q. AND WHAT IS THAT?
16 A. IT'S MY HUSBAND, ENNIS ALLDREDGE.
17 MR. MAJOR: WE WOULD MOVE FOR ADMISSION OF
18 PLAINTIFF'S EXHIBIT 12.
19 MR. STIRBA: YOUR HONOR, MAY I RESERVE UNTIL
20 CROSS-EXAMINATION?
21 THE COURT: YES.
22 Q. (BY MR. MAJOR) MISS ALLDREDGE, WHEN DID YOU FIRST MEET
23 ENNIS?
24 THE COURT: IS IT EENIS OR ENNIS?
25 THE WITNESS: ENNIS.
924
1 Q. (BY MR. MAJOR) WHEN DID YOU FIRST MEET ENNIS?
2 A. OH, ABOUT THE FIRST OF JUNE OF 1989, SOMEWHERE IN THAT.
3 MR. MAJOR: IS THE JURY CAPABLE OF HEARING HER? IS
4 SHE SPEAKING LOUD ENOUGH?
5 Q. (BY MR. MAJOR) AND WHEN DID YOU GET MARRIED?
6 A. TWENTY-EIGHTH OF JULY OF 1989.
7 Q. AND WHERE WERE YOU LIVING AT THE TIME?
8 A. CLEARFIELD, UTAH.
9 Q. HOW LONG DID YOU LIVE IN CLEARFIELD?
10 A. TWO YEARS.
11 Q. AND FROM CLEARFIELD, WHERE DID YOU GO?
12 A. BEFORE CLEARFIELD?
13 Q. NO, AFTER CLEARFIELD.
14 A. TO OAK CITY.
15 Q. WHERE IS THAT LOCATED AT?
16 A. ABOUT 45 MILES FROM NEPHI, SOUTHWEST OF NEPHI.
17 Q. AND HOW LONG DID YOU LIVE DOWN THERE?
18 A. ABOUT SIX AND A HALF YEARS.
19 Q. AND AFTER YOU LIVED THERE, WHERE DID YOU GO?
20 A. TO MILVILLE, UTAH.
21 Q. IS THAT UP BY LOGAN?
22 A. YES.
23 Q. AND I WOULD LIKE TO RECALL YOUR ATTENTION BACK TO THE
24 TIME THAT YOU WERE LIVING DOWN BY NEPHI. WAS ANYONE LIVING
25 WITH YOU AT THE TIME OTHER THAN ENNIS AND YOURSELF?
925
1 A. NO.
2 Q. AND DURING THAT PERIOD OF TIME, CAN YOU DESCRIBE WHAT
3 ENNIS' GENERAL HEALTH WAS?
4 A. WELL, WE DID PRETTY GOOD. HE HAD AN ORCHARD. WE -- I
5 WOULD GO WITH HIM ON THE FOUR-WHEELER OUT TO THE ORCHARD TO
6 TAKE CARE OF THE ORCHARD. HE SPRAYED AND TOOK CARE OF IT.
7 WEEDED IT AND TOOK CARE OF THE ORCHARD, WATERED. IT WAS A
8 BIG ORCHARD. GREW A GARDEN.
9 Q. AND SO FAIRLY HARD LABOR, I GUESS YOU'D SAY?
10 A. RIGHT.
11 Q. AND FOR HOW LONG DID YOU DO THIS?
12 A. I THINK HE GAVE UP THE ORCHARD IN '93, SOMETHING LIKE
13 THAT. I DON'T REMEMBER RIGHT EXACTLY.
14 Q. AND DURING THIS PERIOD OF TIME, WHAT WAS ENNIS' GENERAL
15 HEALTH?
16 A. WELL, IT WAS GOOD THEN. OF COURSE HE DID HAVE DIABETES
17 AT THE TIME.
18 Q. DO YOU THINK -- DO YOU KNOW HOW LONG HE HAD DIABETES?
19 A. PROBABLY MAYBE 12, 15 YEARS.
20 Q. HE HAD IT LONGER BEFORE YOU KNEW HIM?
21 A. RIGHT.
22 Q. DID HE EVER HAVE ANY PROBLEMS WITH THE DIABETES?
23 A. HE HAD TO HAVE THE SHOTS.
24 Q. WOULD YOU HELP HIM TAKE THE SHOTS AND SO FORTH?
25 A. YES.
926
1 Q. SO IN THIS PERIOD OF TIME WHEN YOU WERE LIVING DOWN
2 IN -- BY NEPHI, DID THERE COME A TIME WHEN ENNIS' HEALTH
3 STARTED TO HAVE A PROBLEM?
4 A. YES.
5 Q. AND WHAT WAS THAT?
6 A. DO YOU WANT ME TO TELL YOU THE NAME OF WHAT HE HAD?
7 Q. YEAH, THAT WOULD BE FINE.
8 A. T-CELL LYMPHOMAL MYCOSIS FUNGOIDES WHICH WAS A SKIN
9 CANCER.
10 Q. WHEN DID HE GET THAT?
11 A. PROBABLY IN '92 IS WHEN WE DISCOVERED IT.
12 Q. AND WHAT PART OF HIS BODY? CAN YOU DESCRIBE WHERE THAT
13 WAS AND A LITTLE BIT ABOUT THAT?
14 A. FIRST IT WAS ON HIS LEGS AND IT WAS A RED SPOT THAT HE'D
15 HAD FOR YEARS, AND WE NOTICED THAT IT WAS KIND OF LACEY
16 AROUND THE EDGE. WENT TO THE DOCTOR. THEY TRIED TO TREAT
17 IT WITH SALVE AND THAT DIDN'T WORK, AND FINALLY WE WENT
18 TO -- I DON'T REMEMBER THE DOCTOR -- AND HE DIAGNOSED IT AS
19 SKIN CANCER.
20 Q. AND WHAT TYPE OF TREATMENT DID HE HAVE?
21 A. HE HAD RADIATION.
22 Q. WHERE WAS THAT DONE AT?
23 A. THE UNIVERSITY HOSPITAL IN SALT LAKE.
24 Q. WAS THERE ANY OTHER AREAS OF HIS BODY THAT HAD T-CELL
25 CANCER OTHER THAN ON HIS LEG? DO YOU KNOW?
927
1 A. I THINK THAT WAS ALL.
2 Q. DID HE HAVE ANY OPERATIONS OR ANYTHING LIKE THAT WITH
3 IT?
4 A. NO.
5 Q. JUST THE RADIATION?
6 A. JUST THE RADIATION.
7 Q. HOW LONG DID THAT TAKE?
8 A. WE WENT ALL THAT SUMMER AND THEN HE WAS DIAGNOSED AS
9 CLEAR OF THE CANCER BY FALL.
10 Q. DID HE HAVE ANY OTHER PROBLEMS WITH IT AT ALL?
11 A. NO. WE WENT BACK EVERY SIX MONTHS TO DR. ZOE AND HE
12 SAID HE WAS FINE.
13 Q. SO EVERY SIX MONTHS YOU WOULD GO BACK AND THERE WAS NO
14 INDICATION OF THE CANCER?
15 A. NO.
16 Q. DID THERE COME A TIME, I GUESS AFTER THAT CANCER, WHEN
17 YOU STARTED HAVING SOME PROBLEMS WITH ENNIS' MEMORY, MENTAL
18 HEALTH TYPE?
19 A. RIGHT.
20 Q. WHEN DID THAT START? DO YOU RECALL?
21 A. PROBABLY IN '94 WHEN WE REALLY NOTICED IT.
22 Q. AND WHAT KIND OF -- HOW DID IT KIND OF START? CAN YOU
23 KIND OF DESCRIBE THAT?
24 A. FIRST WE NOTICED HE WAS STUMBLING SOME AND THEN HE WOULD
25 DO -- OH, HE COULDN'T REMEMBER WHERE -- THERE WERE BIG HOLES
928
1 IN THE MIDDLE OF THE LAWN TRYING TO FIND THE SPRINKLING
2 SYSTEM AND JUST DIFFERENT THINGS LIKE THAT.
3 Q. NOW, WHEN YOU TALK ABOUT HE WAS STUMBLING, CAN YOU
4 DESCRIBE THAT A LITTLE BIT? I'M NOT QUITE SURE I
5 UNDERSTAND.
6 A. WELL, HE DIDN'T SEEM TO BE TOO STEADY ON HIS FEET AT
7 TIMES.
8 Q. AND DID THIS--
9 A. AND HE DID FALL. HE FELL ONE TIME.
10 Q. DID HE FALL?
11 A. ONE TIME, YES.
12 Q. AND HOW LONG DID THIS BASICALLY GO FOR?
13 A. PARDON?
14 Q. HOW LONG DID THIS -- HOW LONG DID THIS PROBLEM GO BEFORE
15 THERE WAS A CHANGE?
16 A. WHAT -- WHAT DO YOU MEAN?
17 Q. WELL, YOU STARTED OFF WITH HIS PROBLEM WITH STUMBLING, I
18 GUESS, AND HAVING SOME MOMENTS OF FORGETFULNESS. DID THAT
19 CHANGE IN ANY WAY TO BECOME WORSE OR TO BECOME BETTER?
20 A. YES.
21 Q. BECOME WORSE?
22 A. AND IT WAS HARD TO KEEP THE DEPENDS ON HIM, THINGS LIKE
23 THAT. AND HE DID NOT SLEEP.
24 Q. WHEN DID HE START HAVING TO WEAR DEPENDS?
25 A. PARDON?
929
1 Q. WHEN DID HE START HAVING TO WEAR THE DEPENDS, THE
2 DIAPERS?
3 A. ABOUT '94.
4 Q. AND WHAT WAS THE REASON FOR THAT? DO YOU KNOW?
5 A. WELL, JUST COULDN'T CONTAIN HIMSELF.
6 Q. AND WAS THAT EVER DIAGNOSED BY A DOCTOR OR ANYBODY EVER
7 LOOK INTO THAT?
8 A. OH, YES.
9 Q. DID THEY EVER TELL YOU A DIAGNOSIS OR WHAT WAS THE
10 PROBLEM?
11 A. NO. IT DIDN'T SEEM TO -- WE DID HAVE DR. SMITH ALL THE
12 TIME. WE WENT TO HIM ALL THE TIME.
13 Q. BUT THEY DIDN'T INDICATE TO YOU THERE WAS ANY PROBLEMS
14 TO WORRY ABOUT?
15 A. NO. HE JUST CHECKED HIM FOR HIS DIABETES.
16 Q. SO AFTER HE STARTED HAVING THESE OTHER PROBLEMS WITH NOT
17 BEING ABLE TO KEEP ON THE DEPENDS AND OTHER THINGS, DID ANY
18 OTHER CHANGES TAKE PLACE?
19 A. HE RAN AWAY A COUPLE OF TIMES. GOT LOST.
20 Q. GOT LOST?
21 A. WHEN WE WERE STILL IN OAK CITY HE GOT LOST A COUPLE OF
22 TIMES.
23 Q. AND WHAT WAS HIS GENERAL PHYSICAL HEALTH DURING THIS
24 PERIOD OF TIME?
25 A. WELL, HE COULD EAT ANYTHING. HE HAD A GOOD APPETITE.
930
1 HE'D EAT ANYTHING.
2 Q. HOW ABOUT HIS STRENGTH?
3 A. HE WAS PRETTY STRONG.
4 Q. DID YOU NOTICE ANY CHANGES IN THAT?
5 A. NOT TOO MUCH, NO. NO, NOT EVER.
6 Q. NOT EVER?
7 A. NO.
8 Q. DID THERE BECOME A TIME WHEN THE PROBLEMS CAUSED YOU TO
9 MOVE FROM OAK CITY?
10 A. YES.
11 Q. AND WHEN WAS THAT?
12 A. I THINK APRIL OF '95.
13 Q. AND WHAT WAS IT THAT LED YOU TO MOVE FROM OAK CITY?
14 A. WELL, WE WERE BOTH EXHAUSTED. AND I DIDN'T HAVE THAT
15 MUCH HELP. AND SO I MOVED UP BY MY DAUGHTER WHO WAS -- GAVE
16 ME A LOT OF HELP WITH HIM.
17 Q. WHERE DID SHE LIVE AT, YOUR DAUGHTER?
18 A. SHE LIVED IN LOGAN.
19 Q. AND WHEN YOU GOT UP TO LOGAN, WHAT IF ANYTHING HAPPENED
20 AS FAR AS ENNIS' CONDITION?
21 A. ABOUT THE SAME EXCEPT MOSTLY BEING WE WERE TO THE POINT
22 OF EXHAUSTION BECAUSE HE DIDN'T SLEEP. AND HE DID RUN AWAY
23 THERE ONE TIME AND GOT LOST SO...
24 Q. AND DID YOU SEE ANY DOCTORS IN LOGAN?
25 A. YES. DR. CUNNINGHAM.
931
1 Q. AND WAS THERE ANY CHANGE IN ENNIS' PHYSICAL CONDITION --
2 NOT MENTAL, BUT PHYSICAL ASPECT OF HIS BODY?
3 A. I DON'T THINK SO.
4 Q. AND HOW LONG DID ENNIS LIVE IN THE HOME WITH YOU IN
5 LOGAN?
6 A. OH, FROM -- I'M NOT SURE IF WE MOVED THERE IN APRIL OR
7 MAY, UNTIL SEPTEMBER.
8 Q. AND WHAT HAPPENED IN SEPTEMBER?
9 A. THEN I HAD HIM PUT IN A REST HOME.
10 Q. AND WHAT LED UP TO THAT HAVING PLACED HIM IN A REST
11 HOME?
12 A. WELL, I COULDN'T TAKE CARE OF HIM. I HAVE -- JUST
13 COULDN'T DO IT. HE WAS TOO HEAVY. HE WAS -- HE WAS JUST
14 HARD FOR ME TO TAKE CARE OF HIM.
15 Q. WHAT WAS HIS MENTAL CONDITION LIKE AT THIS TIME?
16 A. THE DAY WE PUT HIM IN THE REST HOME WE BOTH AGREED. HE
17 SAID, WE CANNOT LIVE THIS WAY. AND WE AGREED THAT'S WHERE
18 HE SHOULD GO. WE DID HAVE HOME HEALTH AND AS LONG AS HE
19 COULD RIDE IN THE CAR, THEY WOULDN'T -- THE HOME HEALTH
20 WOULDN'T HELP US UNLESS IF HE HAD BEEN BEDRIDDEN. THEY
21 WOULD HAVE COME AND HELPED US, BUT THEY WOULDN'T AS LONG AS
22 HE COULD GET OUT AND GO IN THE CAR.
23 Q. AND HOW LONG WAS HE IN THE REST HOME?
24 A. FOUR MONTHS.
25 Q. AND --
932
1 A. SEPTEMBER, OCTOBER, NOVEMBER. WE TOOK HIM THE 14TH --
2 NO, THE 10TH OF JANUARY TO LAYTON.
3 Q. SO HE WAS IN THIS REST HOME UNTIL HE WENT TO THE
4 GEROPSYCH UNIT IN LAYTON?
5 A. YES.
6 Q. DID YOU VISIT HIM OFTEN WHEN HE WAS IN THE REST HOME?
7 A. EVERY DAY.
8 Q. EVERY DAY?
9 A. EVERY DAY AND NEARLY ALL DAY.
10 Q. ALL DAY LONG?
11 A. WELL, ALL AFTERNOON. MOST OF THE DAY, UH-HUH.
12 Q. WHAT TYPE OF ACTIVITY WOULD YOU ENGAGE IN WHILE YOU WERE
13 VISITING?
14 A. WELL, THEY TOOK HIM IN THE WHEELCHAIR AROUND THE BLOCK
15 NEARLY EVERY DAY. AND WE HAD DIFFERENT ACTIVITIES, WHATEVER
16 THEY HAVE THERE, YOU KNOW, FOR ENTERTAINMENT. WE HAD
17 DANCES, WHEELCHAIR DANCES.
18 Q. CAN YOU DESCRIBE THOSE? WHAT ARE THE WHEELCHAIR DANCES?
19 A. WE WOULD PUSH THEM AROUND IN THE WHEELCHAIR UNTIL ONE
20 DAY ENNIS GOT TIRED OF ME PUSHING HIM. AND HE STILL WALKED
21 GOOD, BUT NOT THAT FAR. ONE DAY HE SAID, WELL, I'LL PUSH
22 YOU A WHILE. SO HE GOT UP AND PUSHED ME. AND THIS WAS IN
23 DECEMBER.
24 Q. SO DECEMBER OF 1995?
25 A. RIGHT.
933
1 Q. DID YOU NOTICE ANY CHANGES -- UP UNTIL THIS POINT IN
2 TIME, DID YOU NOTICE ANY CHANGES IN ENNIS' MENTAL STATUS?
3 A. HE WAS MORE AGITATED, I THINK, AT THAT TIME.
4 Q. WAS HE STILL COMMUNICATIVE TO YOU?
5 A. HE ALWAYS KNEW ME.
6 Q. ALWAYS KNEW WHO YOU WERE?
7 A. ALWAYS KNEW ME.
8 Q. WAS ABLE TO GET AROUND ON HIS OWN?
9 A. PRETTY MUCH. HE HAD A WALKER.
10 Q. WERE YOU AWARE OF ANY TIMES THAT ENNIS HAD FALLEN DOWN
11 IN THE REST HOME?
12 A. I THINK THEY CALLED ME ONE TIME THAT HE HAD FALLEN.
13 Q. AND DID YOU CHECK ON ENNIS AT THAT TIME?
14 A. RIGHT.
15 Q. DID YOU FIND ANY PROBLEMS WITH HIM?
16 A. NO. I THINK HE TRIED TO GET OUT OF HIS BED OR SOMETHING
17 AND FELL.
18 Q. DID THEY EXPLAIN WHETHER OR NOT THERE WAS ANY PROBLEMS
19 WITH ENNIS THAT WOULD HAVE CAUSED HIM TO FALL?
20 A. NO. I'M NOT SURE WHETHER THEY CALLED DR. CUNNINGHAM
21 THEN OR NOT. I DON'T KNOW FOR SURE.
22 Q. DID -- WHAT WAS HIS GENERAL PHYSICAL HEALTH DURING THIS
23 PERIOD OF TIME?
24 A. WELL, LIKE I SAY, HE ATE EVERYTHING. AND HE NEVER DID
25 SLEEP WELL. SO HE WAS UP AND DOWN THE HALLS ALL THE TIME
934
1 BECAUSE HE DIDN'T SLEEP WELL.
2 Q. AND WHAT WAS HIS GENERAL STRENGTH?
3 A. HE WAS STRONG. HE WAS ALWAYS STRONG.
4 Q. ALWAYS STRONG. AND DID THERE COME A TIME WHEN HIS
5 AGITATION BECAME WORSENED OR BECAME A PROBLEM FOR THE REST
6 HOME?
7 A. YEAH. I THINK HE HIT AT A FEW PEOPLE.
8 Q. AND WHAT WAS FINALLY DECIDED TO DO?
9 A. WELL, THEY CALLED ME ONE NIGHT AND SAID HE WAS SO
10 AGITATED THEY DID NEED TO HAVE HIS MEDICATION CHECKED, AND
11 THERE WAS A PLACE CALLED HORIZON THEY COULD SEND HIM TO TO
12 HAVE HIS MEDICATION CHECKED.
13 Q. DID THEY TELL YOU WHERE THAT HORIZON WAS LOCATED?
14 A. YES.
15 Q. AND WHERE WAS THAT?
16 A. IN LAYTON.
17 Q. AND THIS WAS SOMEONE FROM THE REST HOME THAT ENNIS WAS
18 IN?
19 A. YES, RIGHT.
20 Q. AND WHAT DID YOU DECIDE AFTER RECEIVING THAT PHONE CALL?
21 A. WELL, THEY SAID HE WAS -- HE HAD TO HAVE HIS MEDICATION
22 CHECKED BECAUSE THEY COULD NOT HANDLE HIM THERE. THEY
23 NEEDED HIS MEDICATION CHECKED AND SO I AGREED TO THAT.
24 Q. AND WAS YOUR HUSBAND THEN TRANSPORTED TO THE GEROPSYCH
25 UNIT AT DAVIS NORTH?
935
1 A. YES.
2 Q. AND --
3 A. I WENT WITH HIM.
4 Q. WENT WITH HIM. DESCRIBE THAT.
5 A. I WENT WITH HIM IN THE VAN.
6 Q. WHO DROVE THE VAN?
7 A. I DON'T KNOW. SOMEONE.
8 Q. SOMEBODY?
9 A. SOMEBODY.
10 Q. WAS IT SOMEBODY FROM THE REST HOME OR SOMEONE FROM THE
11 HOSPITAL?
12 A. SOMEONE FROM THE REST HOME, I THINK.
13 Q. AND AT THIS POINT IN TIME -- UP UNTIL THIS POINT IN TIME
14 WHEN HE WAS LEAVING, DID YOU NOTICE ANYTHING UNUSUAL ABOUT
15 HIS CONDITION?
16 A. WELL, HE DIDN'T COMMUNICATE TOO MUCH WITH ME. I DID SIT
17 BY HIM ALL THE WAY IN THE VAN AND HE WOULD PICK MY HAND UP
18 AND PUT IT UP TO HIS MOUTH LIKE HE MIGHT BE HUNGRY.
19 Q. HE WAS ALERT?
20 A. WELL, TO THAT. NOT THAT ALERT REALLY, NOT THAT MUCH.
21 BUT...
22 Q. WELL, I UNDERSTAND THERE'S A DIFFERENCE IN DEFINITION OF
23 BEING ALERT, BUT HE WAS AWAKE?
24 A. YES. Awake.
25 Q. SEEMED TO KNOW WHAT WAS GOING ON, THAT TYPE OF THING?
936
1 A. RIGHT.
2 Q. WHEN YOU ARRIVED AT THE HOSPITAL IN LAYTON, THE
3 GEROPSYCH UNIT, DID YOU KNOW ABOUT WHAT TIME THAT WAS?
4 A. I HAVEN'T -- SOMEWHERE NOON OR AFTER.
5 Q. IN THE AFTERNOON?
6 A. YES. I HAVE NO -- I DON'T REMEMBER.
7 Q. WHAT HAPPENED WHEN YOU ARRIVED AT THE HOSPITAL THERE?
8 A. WELL, LET'S SEE. WE WHEELED HIM IN ON THE WHEELCHAIR
9 AND THE NURSE CHECKED -- ASKED ME ALL THE QUESTIONS ABOUT
10 HIS HEALTH AND CHECKED HIM IN. AND WE SIT FOR A WHILE AND
11 HE WHEELED AROUND THE ROOM IN THE WHEELCHAIR AND THEN THEY
12 TOOK HIM TO A ROOM.
13 Q. AND WHAT DID YOU DO WHEN THEY TOOK ENNIS TO THE ROOM?
14 A. WELL, I WAITED AND FINALLY THEY TOLD ME HE WAS OUT.
15 Q. NOW, OUT, WHAT DO YOU MEAN? OUT OF THE HOSPITAL OR --
16 A. HE WAS ASLEEP OR WHATEVER.
17 Q. DID THIS SURPRISE YOU?
18 A. WELL, NOT REALLY. I FIGURED, YOU KNOW, THAT'S WHAT THEY
19 WOULD DO.
20 Q. AND AFTER YOU WERE GIVEN THIS INFORMATION, WHAT DID YOU
21 DO?
22 A. WE WAITED A WHILE AND THEN I WAS WITH -- WITH THE DRIVER
23 OF THE VAN AND WE WENT BACK TO LOGAN.
24 Q. AND DO YOU REMEMBER WHAT DAY OF THE WEEK THIS WOULD HAVE
25 BEEN?
937
1 A. I THINK WEDNESDAY.
2 Q. WHEN WAS IT -- AFTER YOU GOT BACK TO LOGAN, WHEN WAS THE
3 NEXT CONTACT YOU HAD WITH THE HOSPITAL?
4 A. I CALLED THURSDAY THEN TO SEE HOW HE WAS AND THEY SAID
5 HE WAS STILL UNCONSCIOUS, THAT HE WAS OUT. THAT HE HAD
6 NEVER COME TO.
7 Q. AND DO YOU RECALL ABOUT WHAT TIME THIS WOULD HAVE BEEN
8 ON THURSDAY?
9 A. SOMETIME IN THE EVENING.
10 Q. DID YOU QUESTION THEM AS TO WHY HE WAS STILL OUT?
11 A. NO, I DIDN'T. I JUST TRUSTED THE DOCTOR. I JUST
12 TRUSTED THAT HE WAS OKAY.
13 Q. WHAT WAS THE REASON THAT YOU MADE THE CALL?
14 A. JUST TO CHECK ON HIM, TO SEE HOW HE WAS DOING, SEE IF HE
15 WAS OKAY.
16 Q. AND DID YOU PLAN ON VISITING HIM?
17 A. WELL, I HAD A HARD TIME WITH TRANSPORTATION AT THAT
18 TIME.
19 Q. AND THAT WAS FROM LOGAN TO THE HOSPITAL?
20 A. RIGHT.
21 Q. WHEN WAS THE NEXT TIME YOU HAD CONTACT WITH THE
22 HOSPITAL?
23 A. FRIDAY EVENING.
24 Q. AND WHAT WAS THE NATURE OF THAT CONTACT?
25 A. DR. WEITZEL CALLED ME AND SAID ENNIS HAD HAD A MASSIVE
938
1 STROKE AND WOULD NOT MAKE IT THROUGH THE NIGHT.
2 Q. AND DO YOU RECALL APPROXIMATELY WHAT TIME THAT WAS?
3 A. I DON'T EVEN REMEMBER. I HAVE NO IDEA.
4 Q. AND WAS THIS A SHOCK TO YOU?
5 A. PARDON?
6 Q. WERE YOU SURPRISED BY THIS PHONE CALL?
7 A. WELL, NATURALLY, YES. I WAS VERY, VERY UPSET. SO I
8 SAID, I'LL BE THERE AS SOON AS I CAN GET THERE, AND
9 CONTACTED MY DAUGHTER AND IT WAS MORNING BEFORE THEY COULD
10 GET ME DOWN THERE.
11 Q. NOW, WHEN YOU HAD THIS PHONE CALL FROM DR. WEITZEL, YOU
12 INDICATED HE TOLD YOU HE HAD A MASSIVE STROKE. WAS THERE
13 ANY OTHER CONVERSATION YOU HAD WITH HIM ABOUT ENNIS'
14 CONDITION?
15 A. NO. NO. HE SAID HE WOULD NOT MAKE IT THROUGH THE
16 NIGHT.
17 Q. DID HE ASK YOU CONCERNING -- ABOUT ANY TYPE OF
18 TREATMENT?
19 A. NO.
20 Q. TREATMENT TO GIVE FOR ENNIS?
21 A. NO.
22 Q. DID HE MENTION ANYTHING TO YOU ABOUT COMFORT CARE OR
23 LIFE-SUSTAINING MEASURES OR ANYTHING OF THAT NATURE?
24 A. HE SAID THEY WERE TAKING THE LIFE SUPPORT SYSTEM OFF.
25 Q. DID HE GIVE YOU ANY -- EXPLAIN TO YOU ANYTHING OTHER
939
1 THAN JUST A MASSIVE STROKE?
2 A. NO.
3 Q. DID DR. WEITZEL EXPLAIN ANY OPTIONS THAT YOU HAD?
4 A. NO.
5 Q. DID HE ASK YOU CONCERNING GIVING OR NOT GIVING ENNIS
6 FLUIDS OR --
7 MR. STIRBA: YOUR HONOR, I'M GOING TO OBJECT AT
8 THIS TIME. IT'S LEADING AND SUGGESTIVE. THIS IS VERY
9 IMPORTANT TESTIMONY. I THINK SHE CAN TESTIFY WHAT SHE
10 RECALLS.
11 THE COURT: ASK WHAT WAS SAID AND NOT --
12 Q. (BY MR. MAJOR) DO YOU RECALL ANY CONVERSATION TO
13 THAT -- OF THAT NATURE?
14 A. NO.
15 Q. WAS THERE ANYTHING SAID ABOUT WHAT --
16 MR. STIRBA: YOUR HONOR, I OBJECT --
17 THE COURT: SUSTAINED.
18 MR. STIRBA: -- LEADING AND SUGGESTIVE.
19 THE COURT: SUSTAINED.
20 Q. (BY MR. MAJOR) WAS THERE -- SO AS FAR AS YOU KNOW,
21 THERE WAS NO OTHER CONVERSATION HAD?
22 A. NO.
23 Q. DID -- WAS THERE ANY -- DID THE DOCTOR ASK YOU FOR
24 PERMISSION TO DO ANYTHING?
25 A. EVIDENTLY TAKING THE LIFE SUPPORT SYSTEM OFF.
940
1 Q. DID HE ASK YOU TO DO ANYTHING ELSE?
2 A. NO.
3 Q. DO YOU HAVE A FAIRLY VIVID -- THIS HAS BEEN A WHILE AGO.
4 DO YOU HAVE A VERY VIVID REMEMBRANCE OF THAT OCCASION?
5 A. RIGHT.
6 Q. COULD HE HAVE ASKED YOU TO HAVE DONE ANYTHING ELSE?
7 A. NO.
8 MR. STIRBA: I'M GOING TO OBJECT AT THIS TIME.
9 THE COURT: SUSTAINED. Many objections, all sustained.
10 MR. MAJOR: THANK YOU, YOUR HONOR. WE HAVE NO
11 FURTHER QUESTIONS, YOUR HONOR.
12 THE COURT: MR. STIRBA?
13 CROSS-EXAMINATION
14 BY MR. STIRBA:
15 Q. GOOD AFTERNOON, MRS. ALLDREDGE. THE CONVERSATION THAT
16 YOU JUST TESTIFIED ABOUT WITH DR. WEITZEL, ARE YOU CERTAIN
17 AS YOU SIT HERE NOW THAT THAT WAS FRIDAY EVENING?
18 A. I'M QUITE SURE BECAUSE WE WENT DOWN SATURDAY MORNING.
19 Q. IT COULDN'T HAVE BEEN A CONVERSATION, FOR EXAMPLE, THAT
20 TOOK PLACE SATURDAY MORNING BEFORE YOU CAME DOWN?
21 A. NO. NO.
22 Q. OKAY. AND WHEN YOU CAME DOWN, IT WAS YOU -- AND WERE
23 YOU WITH OTHER FAMILY MEMBERS AS WELL?
24 A. RIGHT. MY DAUGHTER AND HER HUSBAND.
25 Q. AND THEN YOU STAYED FOR A PERIOD OF TIME AT THE
941
1 HOSPITAL; IS THAT RIGHT?
2 A. RIGHT. I STAYED THEN UNTIL HE PASSED AWAY.
3 Q. I SEE. AND THE OTHER FAMILY MEMBERS WERE THERE AS WELL?
4 A. YES.
5 Q. AND DID YOU ESSENTIALLY STAY IN THE ROOM WITH
6 MR. ALLDREDGE UNTIL HE PASSED AWAY?
7 A. YES. I DID NAP ON THE BED AND WHEN HE PASSED AWAY, ONE
8 OF THE DAUGHTERS WOKE ME UP AND SAID HE'S GONE.
9 Q. YOU TESTIFIED ABOUT DR. WEITZEL MENTIONING SOMETHING
10 ABOUT TAKING HIM OFF LIFE SUPPORT SYSTEMS; IS THAT RIGHT?
11 A. RIGHT.
12 Q. WERE YOU AWARE AT THAT TIME THAT MR. ALLDREDGE HAD WHAT
13 IS CALLED A LIVING WILL?
14 A. RIGHT.
15 Q. YOU WERE AWARE OF THAT FACT?
16 A. RIGHT.
17 Q. AND IF WE COULD HAVE -- YOU KNOW WHEN YOU GOT TO THE
18 HOSPITAL -- AND I REALIZE IT'S A WHILE BACK -- BUT DID
19 ANYBODY TALK TO YOU ABOUT A LIVING WILL OR SOME KIND OF
20 DIRECTIVES IN CASE SOMETHING REALLY BAD HAPPENED?
21 A. I DON'T REMEMBER. I THINK WE GAVE THE LIVING WILL TO
22 THE SUNSHINE TERRACE.
23 Q. TO THE NURSING HOME FOLKS. THAT'S WHO YOU GAVE IT TO,
24 YOU THINK?
25 A. I DON'T KNOW WHO.
942
1 Q. NOW, I'M GOING TO DISPLAY -- IT WILL BE UP ON THAT WHITE
2 BOARD, MA'AM, AND MAYBE IF YOU HAVE ANY PROBLEMS SEEING IT
3 JUST FEEL FREE TO WALK OFF OF THE WITNESS STAND. BUT IT
4 SAYS AT THE TOP, LIVING WILL OF ENNIS ALLDREDGE. AND
5 LOOKING AT THAT, DOES THAT APPEAR TO BE THE DOCUMENT THAT
6 YOU GAVE TO THE NURSING HOME? AND I'LL SHOW YOU A LITTLE
7 BIT MORE OF IT. IT MIGHT HELP. I JUST CAN'T GET IT ALL ON
8 AT ONE TIME. THAT'S THE REST OF THE FIRST PAGE AND THEN
9 HERE IS THE SECOND PAGE. MAYBE THIS WILL HELP YOU IDENTIFY
10 MR. ALLDREDGE'S SIGNATURE.
11 A. RIGHT. THAT IS -- LET'S SEE.
12 Q. AND I'LL SHOW YOU --
13 A. YES. THAT'S HIS SIGNATURE.
14 Q. THAT'S HIS SIGNATURE UP HERE IN THE CORNER THERE?
15 A. YES.
16 Q. AND THEN IT LOOKS LIKE IT SAYS, THE DECLARANT, ENNIS
17 ALLDREDGE, IS KNOWN TO ME AND I BELIEVE TO BE OF SOUND MIND.
18 WE HAVE SOME WITNESSES, IT LOOKS LIKE BETTY JEFFREY
19 FROM DELTA. AND DO YOU KNOW BETTY?
20 A. YES.
21 Q. AND THEN NANCY, IT LOOKS LIKE OPPERHEIMER?
22 A. OPPERHEIMER.
23 Q. SHE WAS ALSO FROM DELTA AS WELL. DO YOU KNOW HER?
24 A. YES.
25 Q. SO DOES THIS APPEAR TO BE THEN THAT LIVING WILL THAT YOU
943
1 GAVE THE NURSING HOME?
2 MR. MAJOR: YOUR HONOR, IF I MIGHT HAVE ONE SECOND
3 TO TALK TO COUNSEL, MR. STIRBA.
4 (DISCUSSION OFF THE RECORD)
5 Q. (BY MR. STIRBA) OKAY. AND THE DATE ON THAT, IF I CAN
6 READ IT FROM HERE, IT LOOKS LIKE -- I CAN'T READ IT FROM
7 HERE -- IT LOOKS LIKE THE 30TH OF JULY OF 1993. WOULD THAT
8 SORT OF SQUARE WITH YOUR RECOLLECTION?
9 A. YES.
10 Q. NOW, I'M GOING TO PUT THIS BACK UP HERE. AND I JUST
11 WANT TO POINT OUT TO YOU, AND I'LL READ IT, PARAGRAPH THREE.
12 MR. MAJOR: YOUR HONOR, I DON'T WANT TO CAUSE
13 PROBLEMS, BUT I THINK WE NEED TO ESTABLISH SOME FOUNDATION
14 FOR THIS AS FAR AS ITS RELEVANCY. IF THERE IS A LATER
15 LIVING WILL THAT SUPERSEDES THIS ONE, ONE THAT MAY HAVE BEEN
16 DONE LATER ON, THEN THIS ONE WOULD NOT BE RELEVANT TO
17 ANYTHING THAT WE'RE DOING IN THIS PARTICULAR CASE BECAUSE
18 THE NEWER ONE WOULD HAVE SUPERSEDED ANYTHING THAT WOULD TAKE
19 PLACE ON THIS PARTICULAR DOCUMENT.
20 THE COURT: WHAT KIND OF RELEVANCE IS THIS?
21 MR. STIRBA: THIS IS HIS LIVING WILL AND HIS
22 DIRECTIVES CONCERNING END-OF-LIFE CARE AND I THINK THAT
23 THERE'S ALREADY BEEN SOME TESTIMONY FROM MRS. ALLDREDGE
24 ABOUT A CONVERSATION THAT HAD TO BE REMOVING A LIFE SUPPORT
25 SYSTEM. AND I THINK IT'S DIRECTLY RELEVANT.
944
1 MR. MAJOR: MY OBJECTION, YOUR HONOR, IS I BELIEVE
2 THERE WAS A NEW MEDICAL TREATMENT PLAN AND ANOTHER LIVING
3 WILL THAT WAS DRAFTED IN 1994 THAT WOULD SUPERSEDE THIS
4 PARTICULAR WILL. THAT WAS WHAT WAS INCLUDED IN THE HOSPITAL
5 RECORDS OF THE GEROPSYCH UNIT.
6 MR. STIRBA: I'M NOT GOING TO ARGUE ALL THE
7 EVIDENCE IN FRONT OF THE JURY, BUT I THINK THAT IF COUNSEL
8 WANTS TO POINT THAT OUT ON CROSS, HE CAN. BUT I'M JUST
9 GOING TO GO THROUGH THIS DOCUMENT.
10 THE COURT: OVERRULED.
11 Q. (BY MR. STIRBA) NOW, THIS ONE SAYS IN PARAGRAPH
12 THREE -- IF YOU WANT TO READ IT WITH ME, MA'AM, YOU CAN. IT
13 SAYS, "IF AT ANY TIME I SHOULD HAVE A TERMINAL CONDITION AND
14 MY ATTENDING PHYSICIAN HAS DETERMINED THAT THERE CAN BE NO
15 RECOVERY FROM SUCH CONDITION, AND MY DEATH IS IMMINENT,
16 WHERE THE APPLICATION OF LIFE-PROLONGING PROCEDURES AND
17 HEROIC MEASURES WOULD SERVE ONLY TO ARTIFICIALLY PROLONG THE
18 DYING PROCESS, I DIRECT THAT SUCH PROCEDURES BE WITHHELD OR
19 WITHDRAWN AND THAT I BE PERMITTED TO DIE NATURALLY. I DO
20 NOT FEAR DEATH ITSELF AS MUCH AS THE INDIGNITIES OF THE
21 DETERIORATION, DEPENDENCE AND HOPELESS PAIN. I, THEREFORE,
22 ASK THAT MEDICATION BE MERCIFULLY ADMINISTERED TO ME AND
23 THAT ANY MEDICAL PROCEDURES BE PERFORMED ON ME WHICH WILL BE
24 DEEMED NECESSARY TO PROVIDE ME WITH COMFORT CARE OR TO
25 ALLEVIATE PAIN."
945
1 DO YOU SEE WHERE I'M READING?
2 A. YES.
3 Q. AND THEN IN PARAGRAPH FOUR IT SAYS, "IN THE ABSENCE OF
4 MY ABILITY TO GIVE DIRECTIONS REGARDING THE USE OF SUCH
5 LIFE-PROLONGING PROCEDURES, IT IS MY INTENTION THAT THIS
6 DECLARATION SHALL BE HONORED BY MY FAMILY AND PHYSICIAN AS
7 THE FINAL EXPRESSION OF MY LEGAL RIGHT TO REFUSE MEDICAL OR
8 SURGICAL TREATMENT AND ACCEPT THE CONSEQUENCES FOR SUCH
9 REFUSAL."
10 DID I READ THAT CORRECTLY?
11 A. YES.
12 Q. AND DID YOU UNDERSTAND THOSE WISHES TO HAVE BEEN YOUR
13 HUSBAND'S AS OF THE TIME THAT HE DID THIS BACK IN JULY OF
14 1993?
15 A. I THINK SO.
16 Q. NOW, WAS THERE -- DO YOU UNDERSTAND THERE WAS A CHANGE
17 AT SOME POINT IN THE DIRECTIONS THAT WERE PROVIDED IN THAT
18 DOCUMENT AT SOME POINT AFTER JULY OF 1993?
19 A. I DON'T REMEMBER. I WOULD HAVE TO SEE THAT DOCUMENT.
20 Q. ONCE AGAIN, I'LL JUST PUT THIS UP HERE ON THE BOARD, IF
21 YOU WANT TO TAKE A LOOK AT IT. NOW, THIS ONE HAD AT THE
22 TOP, MRS. ALLDREDGE, IT SAYS, "SPECIAL POWER OF ATTORNEY."
23 I KNOW IT'S NOT VERY EASY TO READ, BUT IT SAYS THAT. AND
24 THEN IT APPEARS THAT ENNIS IS APPOINTING YOU, THAT'S VONDA,
25 WITH SOME POWERS.
946
1 A. RIGHT.
2 Q. DO YOU REMEMBER NOW SEEING THIS DOCUMENT, THE
3 CIRCUMSTANCES OF THIS?
4 A. RIGHT. YES.
5 Q. AND THE DATE ON THIS -- I'LL HAVE TO GIVE YOU ANOTHER
6 SHEET HERE -- AND THAT'S -- BY THE WAY, YOU SEE THE
7 SIGNATURE THERE? IS THAT ENNIS'?
8 A. RIGHT.
9 Q. AND THE DATE ON THIS IS JUNE 2ND OF 1994. DO YOU SEE
10 THAT?
11 A. YEAH.
12 Q. DO YOU REMEMBER THE CIRCUMSTANCES THAT OCCURRED AT ABOUT
13 THIS TIME SUCH THAT HE DECIDED TO APPOINT YOU AND GIVE YOU A
14 SPECIAL POWER OF ATTORNEY?
15 A. I THINK OUR HOME NURSE FROM NEPHI ADVISED US TO DO THIS.
16 Q. DO YOU KNOW THE REASON WHY YOU WERE ADVISED BY YOUR HOME
17 NURSE TO DO THIS?
18 A. NO. JUST SO THAT HE WOULD HAVE THAT PROTECTION.
19 Q. AND DID YOU UNDERSTAND -- YOU SAID PROTECTION. DID YOU
20 UNDERSTAND THAT THIS GAVE YOU CERTAIN RIGHTS IN THE EVENT --
21 A. RIGHT.
22 Q. -- ENNIS COULD NOT SPEAK FOR HIMSELF --
23 A. RIGHT.
24 Q. -- TO PROVIDE MEDICAL CARE?
25 A. RIGHT.
947
1 Q. OR TO WITHDRAW MEDICAL CARE, AS THE CASE MIGHT BE?
2 A. RIGHT.
3 Q. I'M GOING TO PUT UP ANOTHER DOCUMENT WHICH SAYS AT THE
4 TOP, MEDICAL TREATMENT PLAN. AND IT HAS -- IT LOOKS LIKE
5 DR. CUNNINGHAM HAS CERTIFIED THAT I, THE ATTENDING PHYSICIAN
6 FOR ENNIS ALLDREDGE OF SUNSHINE TERRACE, WHO WAS IN HIS CARE
7 OCTOBER 11, 1995. THEN HE GOES ON TO STATE THAT HE
8 DIAGNOSED ENNIS AS HAVING ALZHEIMER'S DISEASE.
9 A. RIGHT.
10 Q. AND THEN THERE APPEARS TO BE A SIGNATURE OF THE
11 ATTENDING PHYSICIAN DATED 10/11/95. AND THEN IS THAT YOUR
12 SIGNATURE DOWN AT THE BOTTOM ON THE RIGHT-HAND SIDE?
13 A. YES.
14 Q. AND IT SAYS THAT THE FOLLOWING CARE AND TREATMENT OR
15 WITHHOLDING OF TREATMENT IS DIRECTED WITH RESPECT TO THE
16 DECLARANT, AND THEN IT HAS, NO C.P.R. AND NO RESPIRATORS?
17 A. RIGHT.
18 Q. DID I READ THAT CORRECTLY?
19 A. RIGHT.
20 Q. DO YOU REMEMBER THE CIRCUMSTANCES SUCH THAT THEN YOU
21 SIGNED THIS DOCUMENT ON OR ABOUT OCTOBER 11 OF 1995?
22 A. NO. I DON'T UNDERSTAND FOR SURE WHAT THE DOCUMENT SAYS.
23 WHAT DOES IT SAY? LET'S GO THROUGH THAT AGAIN, PLEASE.
24 Q. SURE. I'LL JUST PUT IT BACK UP. AND IT'S A MEDICAL
25 TREATMENT PLAN AND THERE'S AN INDICATION BY DR. CUNNINGHAM,
948
1 WHO WAS THE TREATING PHYSICIAN YOU TESTIFIED ABOUT. HE'S
2 THE DOC UP IN LOGAN?
3 A. RIGHT.
4 Q. AND HE CERTIFIES OR IS INDICATING THAT ENNIS HAD
5 ALZHEIMER'S DISEASE.
6 A. UH-HUH.
7 Q. AND THEN APPARENTLY THERE IS A DIRECTION ABOVE YOUR
8 SIGNATURE LINE THAT SAYS, THE FOLLOWING CARE AND TREATMENT
9 OR WITHHOLDING OF TREATMENT IS DIRECTED WITH RESPECT TO THE
10 DECLARANT. AND THEN IS JUST WRITTEN IN, NO C.P.R., NO
11 RESPIRATORS?
12 A. RIGHT.
13 Q. MY QUESTION IS, DO YOU RECALL THE CIRCUMSTANCES THAT
14 PROMPTED YOU TO SIGN THIS DOCUMENT?
15 A. I DON'T. I DON'T EVEN REMEMBER.
16 Q. PARDON ME?
17 A. I DON'T REMEMBER.
18 Q. OKAY.
19 A. I DON'T REMEMBER.
20 Q. OKAY. LOOKING AT THAT, I JUST WANT TO ASK YOU ONE OTHER
21 QUESTION ABOUT IT. DO YOU SEE -- I'LL SHOW YOU THIS LINE
22 HERE, THESE TWO LINES.
23 A. RIGHT.
24 Q. IS THAT YOUR WRITING?
25 A. I DON'T THINK SO.
949
1 Q. OKAY. IT DOES APPEAR THIS IS CERTAINLY YOUR SIGNATURE;
2 IS THAT RIGHT?
3 A. THAT IS MY SIGNATURE.
4 Q. AND DID YOU WRITE IN "WIFE." DOES THAT APPEAR TO BE
5 YOURS?
6 A. WHAT IS THAT?
7 Q. IT SAYS "WIFE." IT'S JUST SOMEBODY WROTE IN "WIFE." I
8 WAS WONDERING WHETHER YOU DID THAT.
9 A. I DON'T KNOW.
10 Q. OKAY.
11 A. NO C.P.R., NO -- THAT'S -- THAT'S THE LIFE-SUSTAINING
12 SYSTEM, ISN'T IT? THAT DOESN'T MEAN NO FLUIDS, NO COMFORT
13 CARE, DOES IT?
14 Q. WELL, I'M NOT THE WITNESS AT THIS POINT. SO IT SAYS
15 WHAT IT SAYS.
16 MR. STIRBA: THAT'S ALL THE QUESTIONS I HAVE.
17 THE COURT: ANY REDIRECT?
18 MR. MAJOR: COUPLE OF THINGS, YOUR HONOR.
19 REDIRECT EXAMINATION
20 BY MR. MAJOR:
21 Q. MISS ALLDREDGE, I THINK WE'RE GOING TO BE TESTING YOUR
22 EYES HERE AGAIN IN A SECOND. LET ME ASK YOU THIS. YOU
23 INDICATED YOU STAYED AT THE HOSPITAL WITH ENNIS AFTER YOU
24 ARRIVED ON SATURDAY; IS THAT CORRECT?
25 A. RIGHT.
950
1 Q. DID YOU HAVE ANY OTHER CONVERSATIONS WITH DR. WEITZEL
2 AFTER YOU ARRIVED AT THE HOSPITAL?
3 A. I NEVER DID EVER SEE DR. WEITZEL.
4 Q. WHAT WAS ENNIS' CONDITION WHEN YOU ARRIVED AT THE
5 HOSPITAL?
6 A. SATURDAY MORNING?
7 Q. YES. SATURDAY MORNING.
8 A. HE WAS UNCONSCIOUS.
9 Q. DID HE EVER COME TO?
10 A. NO.
11 Q. WHAT, IF ANY, TYPE OF MOVEMENT DID YOU OBSERVE WITH HIM?
12 A. NONE.
13 Q. AND HOW LONG DID THAT CONDITION REMAIN?
14 A. HE PASSED AWAY SUNDAY MORNING AND WE SAT THERE BY HIS
15 SIDE AND HE WAS -- HE WAS OUT.
16 Q. NOW, I WANT TO SHOW YOU AGAIN -- WE'RE GOING TO TEST
17 YOUR EYES. I WANT TO SHOW YOU WHAT'S MARKED MED-0O17 WHICH
18 COMES FROM THE HOSPITAL GEROPSYCH UNIT, HOSPITAL RECORDS FOR
19 ENNIS. YOU CAN STEP DOWN. PERHAPS YOU CAN SEE THIS.
20 SPECIFICALLY IT STATES, SIGNED BY DR. WEITZEL. IT SAYS
21 ADDENDUM. SEE WHERE IT SAYS ADDENDUM? SPOKE WITH THE -- C
22 WITH AN ARROW ON TOP OF IT.
23 A. I CAN'T READ IT.
24 Q. IT SAYS ADDENDUM, AND THE C WITH THE ARROW MEANS "WITH."
25 SPOKE WITH WIFE EXTENSIVELY.
951
1 A. OKAY. NOW, READ THAT AGAIN.
2 Q. OKAY. IT SAYS -- WE'RE STARTING RIGHT HERE, IF I MIGHT
3 APPROACH. BEGINNING RIGHT HERE. "SPOKE WITH WIFE
4 EXTENSIVELY." DO YOU RECALL YOUR CONVERSATION WITH DR.
5 WEITZEL AS BEING EXTENSIVE?
6 A. I NEVER DID TALK TO DR. WEITZEL, EVER.
7 Q. ONLY ON THE TELEPHONE? ?
8 A. ON THE TELEPHONE ON FRIDAY NIGHT WAS THE ONLY TIME I
9 EVER TALKED TO DR. WEITZEL.
10 Q. HOW LONG DID THAT TELEPHONE CONVERSATION LAST?
11 A. PROBABLY ONE MINUTE.
12 Q. AND THEN IT GOES ON TO SAY, "SHE FEELS STRONGLY THAT NO
13 EXTRAORDINARY MEASURES SHOULD BE TAKEN TO PROLONG ENNIS'
14 LIFE."
15 A. RIGHT. BUT HE SHOULD BE MADE COMFORTABLE.
16 Q. OKAY. THEN IT GOES ON, ENNIS, GIVEN THE C.V. -- WHICH I
17 WILL INDICATE TO BE THE STROKE -- FOUND ON THE M.R.I. --
18 WHICH IS A TEST THEY RUN.
19 A. RIGHT.
20 Q. SHE REQUESTS THAT ALL -- SHE REQUESTS THAT WE -- AND D/C
21 IS DISCONTINUE I.V. AND GIVE COMFORT CARE. AND YOU KNOW THE
22 I.V. IS THE FLUID THAT GOES INTO THAT?
23 A. RIGHT. AND THAT SHOULD HAVE BEEN CONTINUED, SHOULDN'T
24 IT? SHOULDN'T HE HAVE --
25 Q. THAT'S THE QUESTION. DO YOU EVER RECALL HAVING THAT
952
1 CONVERSATION AND MAKING THAT STATEMENT?
2 A. I RECALL HIM SAYING THEY WOULD TAKE THE LIFE SUPPORT
3 SYSTEM OFF, AND I SAID OKAY.
4 Q. DID YOU EVER INTEND TO HAVE --
5 A. BUT I THOUGHT IT WOULD BE COMFORT CARE THAT HE WOULD --
6 LIKE YOU SAY, LIFE SUPPORT SYSTEM DIDN'T MEAN TO ME NO
7 COMFORT, NO LIQUIDS, NOTHING.
8 Q. DID YOU EVER INTEND TO HAVE HIS FLUIDS STOPPED?
9 A. NO.
10 Q. AND THEN LET ME SHOW YOU AGAIN REAL QUICK WHAT IS MARKED
11 AS MED RECORD-00095, AGAIN WHICH COMES FROM THE DAVIS
12 HOSPITAL MEDICAL RECORDS. AGAIN, THIS IS A NOTE BY
13 DR. WEITZEL INDICATING -- I'M SORRY. I THOUGHT I HAD IT
14 HERE. I GOT THE WRONG ONE. HANG ON ONE SECOND. HERE IT
15 IS. I APOLOGIZE. ON THIS NOTE IT ALSO INDICATES ORAL
16 MEDICATIONS WERE DISCONTINUED AND LENTA INSULIN WAS
17 DECREASED. DO YOU RECALL EVER HAVING A CONVERSATION WITH
18 DR. WEITZEL INDICATING THAT YOU WANTED HIS MEDICATIONS
19 STOPPED?
20 A. NO.
21 Q. DO YOU RECALL HAVING A CONVERSATION WITH DR. WEITZEL
22 INDICATING THAT YOU WANTED HIS INSULIN REDUCED?
23 A. NO.
24 MR. MAJOR: WE HAVE NO FURTHER QUESTIONS.
25 A. NO, BECAUSE I'VE SEEN HIM BE AGITATED WITH THE INSULIN
953
1 TAKEN AWAY.
2 Q. (BY MR. MAJOR) YOU'VE SEEN SOME PROBLEMS WITH THE
3 INSULIN -- WHEN HE DIDN'T GET IT?
4 A. RIGHT. IF HE DIDN'T GET ENOUGH HE WOULD BE AGITATED.
5 Q. AND WHAT WOULD HAPPEN WHEN HE DIDN'T HAVE THE INSULIN?
6 A. GAVE HIM MORE INSULIN.
7 Q. BUT, I MEAN, WHAT WAS HIS PHYSICAL REACTION TO NOT
8 HAVING THE INSULIN?
9 A. HE WOULD JUST BE AGITATED, JUST --
10 Q. APPEAR TO BE IN PAIN, DISCOMFORT?
11 A. NO. I DON'T THINK ENNIS WAS IN PAIN.
12 Q. WELL, NO. I'M TALKING ABOUT EARLIER ON WHEN HE DIDN'T
13 HAVE HIS INSULIN BEFORE HE GOT TO THE HOSPITAL, LET'S SAY.
14 A. I JUST REMEMBER ONE TIME WE WENT TO THE CAFE AND HE WAS
15 HUNGRY AND SO HE WAS AGITATED AND HE JUST COULDN'T GET THE
16 FOOD FAST ENOUGH. THAT'S WHAT I MEAN BY THE AGITATION.
17 Q. AND YOU DIDN'T WANT THAT TO HAPPEN ON THIS OCCASION?
18 A. RIGHT.
19 MR. MAJOR: WE HAVE NO FURTHER QUESTIONS.
20 MR. STIRBA: JUST A COUPLE MORE.
21 RECROSS-EXAMINATION
22 BY MR. STIRBA:
23 Q. MRS. ALLDREDGE, AFTER YOU TALKED WITH DR. WEITZEL AND HE
24 REPORTED WHAT HE REPORTED, I ASSUME YOU AND THE OTHER FAMILY
25 MEMBERS THOUGHT THAT ENNIS WAS DYING; IS THAT RIGHT?
954
1 A. WELL, YES.
2 Q. AND IT'S TRUE THAT GIVEN THAT FACT YOU WANTED HIM TO BE
3 KEPT COMFORTABLE; IS THAT RIGHT?
4 A. YEAH.
5 MR. STIRBA: THAT'S ALL I HAVE. THANK YOU.
6 THE COURT: ANYTHING FURTHER?
7 MR. MAJOR: NOTHING FURTHER.
8 THE COURT: MAY THIS WITNESS BE EXCUSED?
9 MR. MAJOR: SHE MAY.