Page 55 of Ashes of Us
Mathers called Jasper's therapist to the stand next, but his questioning didn't go as planned.
Dr. Sabrina Lin refused to answer questions directly related to her conversations with Jasper, citing therapist-patient privilege.
Mathers asked the Judge to intervene, but he declined, stating that under Massachusetts General Laws and Rules of Evidence, a therapist cannot disclose communications with a patient without the patients, or in this case, the next of kin's consent.
Everyone turned to Danica and looked at her expectantly, but the Judge banged his gavel and stood up.
“Counsel, this may involve privileged communications, let's step into chambers and address this before we proceed.” He turned and swept off to a door that was to one side, David stood up and motioned for Danica to follow while Mathers told Amy to sit tight and followed them through the door, down a short hall and into a large, elegant room with dark wood wainscotting about halfway up the mint green walls, a large desk with a chair on one side and a leather couch and chairs in front of it.
Judge Perella gestured for them to have a seat, and Danica and David sat on the sofa while Mathers sat in the chair, looking visibly annoyed.
“For someone so quick to point out the law regarding his client's best interests, you seem to have minimal regard for it when it stands in the way of what you want.” Judge Perella glared at Mathers as he pulled a notebook toward him and picked up a pen.
“Or are you only versed on the law regarding being recorded and not on the patient-therapist privilege?”
“I fully admit to not being aware that the privilege extended beyond the death of the client.” He admitted grudgingly. “However, I would like to point out that blocking the therapist from testifying reflects poorly on Mrs. Preston and makes it appear as though she wants things to be kept hidden.”
“Or maybe, just maybe, she wants to protect her husband's privacy regarding his sessions with his therapist,” David said dryly, looking like he was visibly stopping himself from rolling his eyes at the other lawyer.
“I'm afraid I agree with Mr. Niehaus.” The Judge nodded. “Jasper Preston's sessions with his therapist are no one's business but his, deceased or not.” He looked at Danica. “But it is your decision.”
Danica hesitated. She did want to protect Jasper's privacy, but she also wanted the therapist to testify, not about everything they had discussed in their sessions, but about Jasper's thought process regarding everything since the fight.
She strongly doubted Jasper got in for an emergency session before he confronted Lucy, so he probably didn't discuss the potential pregnancy with her.
“I don't think he would have had a chance to discuss the pregnancy with his therapist, considering he found out Lucy was pregnant in the afternoon, then confronted her and was in the accident that evening, so I'm not sure what you're looking for from her.”
Mathers rubbed his jaw and nodded, acknowledging Danica's point.
“Obviously, we're trying to prove your husband cheated and had intercourse with Ms. Gamache, resulting in her pregnancy.
I was hoping he spoke to his therapist about what happened at his cousin's apartment after his cousin and Miss Sheridan left them alone in the living room.”
Danica glanced at David. This was the crux of everything, and if Jasper had told his therapist about that night, then they needed that testimony as much as Amy and Lucy did.
David lifted his shoulder in a shrug, telling her it was up to her.
“If I were to give permission, can I limit what can be disclosed?” She asked Perella after a quick internal debate.
“Yes, absolutely.” The Judge nodded and turned to his computer. “You do understand that by granting permission, it will be on the record and publicly available?”
Chewing her lip, Danica considered that.
On one hand, she didn't believe Jasper cheated.
On the other hand, if he had, everyone would know.
His family would have their perception of him destroyed, and she would have the humiliation of everyone knowing her husband had screwed another woman and hid it for months after.
In the end, her faith in Jasper won out, and she decided to give permission.
“I'll consent to Dr. Lin answering questions, but only about the night in question and whether or not he had sex with her.” She took a deep breath and made another decision, looking at David.
“I think I need to take the stand and explain what our fight was about.”
Mathers' eyes lit up, and he looked like Danica had just told him Christmas had come early. “You're willing to take the stand and answer questions?”
“I was going to call her if I felt like her testimony was necessary.” David brushed him off without so much as looking in his direction.
“She's prepared to answer questions, but it's up to Judge Perella if he'll allow it, considering she's not on your list of witnesses you subpoenaed. However, I agree with my client and think she should explain the fight that precipitated all of this.” He turned to the Judge and bowed his head respectfully.
“Your honour, for scheduling and context, we request to call Mrs. Preston out of order to address background facts before the counsellor testifies.”
Judge Perella held up his hands, looking extremely irritated that this was getting out of his control. “Before we get to that, let's get the rest of the permissions out of the way. Mrs. Preston, the opposing counsel has also subpoenaed your marriage counsellor. Are you willing to let him testify?”
Danica blew out a breath. “I can limit what he's allowed to ask?” She glanced at Mathers, who still looked like a cat that got a canary.
The Judge nodded, and Danica thought about what she would be comfortable having brought out into the open.
“I will only allow questions that pertain to the aftermath of the fight, the steps we were taking to reconcile and whether or not the therapist believes we were working things out.” She decided that the other issues that had come up in the sessions, like how much Jasper disliked the Wests, his insecurities about Alex, and the financial problems, were not pertinent to any of this.
After the Judge went over everything with her, making sure she understood what she was agreeing to and that she wasn't making the decisions out of fear or pressure, he had her sign a waiver, which he then passed to the court clerk.
“Now, as to the matter of whether or not I will allow Mrs. Preston to testify out of order, yes, I will; however, I will be questioning her to get the information I believe is necessary as a neutral, fact-finding party. You will both be allowed to cross-examine her, but only about what she discloses for clarification purposes. If Mr. Niehaus calls her to the stand when it is his turn to present their evidence and witness testimonies, then you can ask whatever you want.”
Mathers' face fell, but both lawyers nodded in agreement with the Judge's proposal, and they returned to the courtroom.
The Judge called the room back to order and explained that Danica had given her consent to both Jasper's therapist and their marriage counsellor, but that the information they were allowed to discuss would be limited.
He then asked Dr. Lin to step down and take a seat in the gallery until she was asked to return to the witness stand, at which time he would go into more detail about what she was allowed to disclose.
Looking surprised, Dr. Lin returned to the galley and took a seat next to Danica's therapist. “Mrs. Preston, please take the stand.” He nodded at Danica, and she approached and was sworn in.
When she was seated, he cleared his throat and looked at her, his face completely neutral.
“As we discussed in the chambers, you will be giving testimony regarding the fight you and your husband, Jasper Preston, had on the afternoon of April 20th from your perspective, correct?”
“Yes, sir.” Danica nodded, trying to remain calm and not fidget. She hated being the center of attention like this, and she could feel her anxiety rising with everyone's eyes on her.
“Very good.” He nodded slightly and then looked at her thoughtfully. “Can you tell me what started the fight?”
“I informed Jasper that I had received an inheritance from my long-term employer, Alexander West's estate. When he heard the amount, he accused me of having an affair with Alexander and things escalated from there.” Danica kept her eyes firmly on Perella, refusing to look at anyone else in the room as she explained her side of the fight.
She was almost regretting her decision to do this but knew it was important that everyone had context behind what started everything.
Perella seemed genuinely shocked that this was what the argument had been about and frowned.
“He found out Alexander West left you money in his estate and thought you had an affair?” He repeated, he was doing his best to keep his voice neutral, but Danica could hear the confusion underneath it. “Wasn't Alexander West in his seventies when he died?”
Danica nodded. “He was seventy-two.”
“And you're thirty-three?” He consulted his notes again. “Was there a particular reason your husband thought you were having an affair with a man thirty-nine years your senior?”