Page 121 of Precise Justice

“Don’t,” Foster said again only this time to the lawyer for the clinic who opened his mouth to speak.

“The police did a very perfunctory investigation into potential suspects. It’s crucial to the defense to go through those records, your Honor,” Marc concluded.

“Mr. Hughes,” Foster said to the lead prosecutor.

“He’s fishing, your Honor,” Hughes replied.

“Yes, he is and he’s fishing in the correct pond,” Foster agreed.

“Your Honor, if I may,” the lawyer for Friedman said.

“Sure, go ahead, jump on in here.”

“We will be sued until hell freezes over if this is allowed. If the names and medical records of patients can be made public at the whim of every criminal defense lawyer, people who have nothing to do with this trial, the medical profession will be turned on its ear.”

Foster looked at Marc and said, “And that’s the problem, Mr. Kadella.”

“I understand that your Honor. I knew that when I made the request.

“How about this? How about all of the names being redacted and any testimony will not refer to any by name?”

Judge Foster sat back in his chair and thought about it. After a moment he leaned forward and said, “I suppose that would be better…”

“Your Honor!” all three opposing lawyers said at once.

“We’re talking about thousands of patients . . .” the U’s lawyer said.

Foster held up his left hand to stop them and continued, “But I’m not inclined to go along with this either. The risk is too great.”

“Okay then how about we get the records and contact any patients we think fit and get them to voluntarily testify?”

“You want to put people on the stand to admit they would have liked to murder their doctors?” Celia Raines, the assistant prosecutor asked.

“There is still a risk that somehow and I don’t doubt Mr. Kadella’s integrity, that these things could be leaked,” the surgeon’s clinic lawyer said.

“We’re not the county attorney’s office,” Marc said.

“I resent that!” Hughes almost yelled.

“Good for you,” Marc said.

“All right, that’s enough,” Foster said. “Mr. Kadella, I’m going to rule against this. I have to weigh your client’s rights against these patients’ privacy rights. If you can find patients willing to testify, I’ll consider that. But these medical records will not be turned over to you. Your subpoena is thereby quashed.”

“Thank you, your Honor,” the other four lawyers all said.

Judge Foster looked at the lawyers for Miller and Friedman and said, “Now, I’ll ask you two gentlemen to leave while we do some other business.”

When the door closed behind them, Foster continued.

“Scheduling. It’s now March nineteenth, I have a firm date of Monday, May second to begin jury selection. That gives us less than one and a half months.

“Discovery. All discovery is to be completed by April ninth. Any delays and you’d better have a good reason or I will levy sanctions.”

“Your Honor, if I may…” Hughes began to say.

“You may not. Moving on,” Foster said, shutting down Hughes’s attempt at a continuance.

“Witness lists. Same day, April ninth. I will be a little more lenient but not much about adding witnesses. Like, if someone rises from the dead.”