The Verdict Page #33

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CONCANNON:

(holding chart)

You swore on this form that the

patient ate nine hours ago.

KATHY:

That's not my handwriting.

CONCANNON:

You've just said you signed it.

KATHY:

Yes, I, yes, I signed it, yes. But

I, I didn't write that figure.

CONCANNON:

You didn't write that figure. And

how is it that you remember that so

clearly after four years?

KATHY:

(taking a paper out

of her purse)

Because I kept a copy. I have it

right here.

She looks toward Galvin.

ANGLE:

Galvin nods, meaning, "You did it perfectly."

ANGLE:

Concannon, the Judge, Kathy.

CONCANNON:

Objection! This is ri... expect us

to accept a photocopy, we have the

original right...

JUDGE:

I'll rule on that presently.

(beat)

Proceed.

Concannon is taken up short. Amazed at the Judge's reaction,

he pauses an instant.

JUDGE:

Please proceed.

Concannon motions to Billy, the young lawyer, who nods in

response and starts whispering instructions to his colleagues

at the Defense table, who start leafing through their

lawbooks. Concannon takes up the fight again.

CONCANNON:

...what in the world would induce

you to make a photocopy of some

obscure record and hold it four years?

This is a... why? Why would you do

that?

KATHY:

I thought I would need it.

CONCANNON:

And why, please tell us, would you

think that?

KATHY:

After, after the operation, when

that poor girl, she went in a coma.

Dr. Towler called me in. He told me

he had five difficult deliveries in

a row and he was tired, and he never

looked at the admittance form.

(beat)

And he told me to change the form.

He told me to change the one to a

nine.

(beat)

Or else, or else, he said...

(beat; starts to cry)

He said he'd fire me. He said I'd

never work again... Who were these

men...? Who were these men...? I

wanted to be a nurse...

She is weeping copiously. A beat. She starts to get herself

under control.

CONCANNON:

No further questions.

JUDGE:

You may step down.

Beat. Kathy starts to get down. She looks to Galvin for

assurance. Galvin nods at her.

JUDGE:

Mr. Galvin...?

ANGLE:

Kathy getting down from the stand. The Judge addressing

Galvin.

GALVIN:

Nothing further, your Honor...

JUDGE:

Mr. Concannon...?

Concannon is signalled by Billy, the young lawyer at the

Defense table, who is gathering notes from his colleagues,

who have been researching during Kathy's speech.

Concannon walks over to the table and is quickly "talked

through" the notes by Billy.

JUDGE:

Mr. Concannon.

Concannon cuts Billy short, meaning, "Yes, I understand, I'm

far ahead of you," he takes the notes and returns to the

bench.

CONCANNON:

Thank you, your Honor. We object to

the copy of the admissions form as

incompetent and essentially hearsay

evidence and cite McGee versus State

of Indiana, U.S. 131 point 2 and 216

through 25 of the Uniform Code: 'The

admission of a duplicate document in

preference to an existing original

must presuppose the possibility of

alteration and so must be disallowed.'

And, your Honor, having given the

Plaintiff the leeway we would like

your ruling on this issue now: we

object to the admission of the Xerox

form.

JUDGE:

...one moment, Mr. Concannon...

The Judge nods, meaning, "I am considering..."

ANGLE:

The Judge. He is making some notations on a page in front of

him. He nods to himself, he has reached a decision. He looks

up.

JUDGE:

The document is disallowed, the jury

will be advised not to consider the

testimony of Kathy Costello regarding

the Xerox form.

(explains to them)

It's unsubstantiated and we can't

accept a copy in preference to the

original...

CONCANNON:

Thank you, your Honor. Further: Ms.

Costello is a rebuttal witness. As a

'Surprise Witness' she may only serve

to rebut direct testimony. As her

only evidentiary rebuttal was the

admitting form, which has been

disallowed I request that her entire

testimony be disallowed and the jury

advised that they must totally

disregard her appearance here.

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