Page 36 of The 1 Lawyer

“She’d searched for the closest place that performs abortions. With the help of a friend, a student at Northwestern, she’d secured an appointment at a clinic in Chicago. Aside from telling the friend who accompanied her, Aurora said she’d kept the pregnancy and the subsequent abortion a secret—to the extent of remaining silent about her post-procedure complications.”

“Did she explain why it had to remain a secret?”

“She did. Aurora told me she’d been involved in an abusive relationship and—”

The DA’s voice rang out: “Objection! Stop right there.” Gordon-James was out of his chair and heading for the bench. “Request to approach, Your Honor.”

I joined him at the bench. The judge whispered to the DA, “What are the grounds for the objection?”

“Hearsay. I didn’t raise a hearsay objection earlier, Judge, when the defense was establishing background. But the testimony the defendant just offered is clearly inadmissible hearsay, and I want the jury to be instructed to disregard.”

I sounded cool when I responded. “Judge, this is res gestae. I’m not offering it for the truth of the statement; I’m simply showing the jury what Ms. Gates said and did at the time of the events in question.”

Gordon-James lowered his voice to a growl. “The defense is most certainly trying to persuade the jury—”

The judge cut him off. “Objection overruled. Res gestae is an exception to the hearsay rule. Defendant is entitled to inquire.” He pushed back his chair and nodded at me.

I’d lucked out on that ruling. I wanted to keep the testimony rolling. I turned back to Daniel Caro and said, “Dr. Caro, what was it that Ms. Gates told you about the relationship?”

Caro said, “She said he was abusive, and she wanted out. If her boyfriend had discovered she was pregnant, she thought she’d never get away from him. And if he knew she’d aborted his baby, she was afraid he’d kill her.”

So now we’d done it. We had introduced the specter of the shadowy “other guy,” the bad dude who might have killed her in a jealous rage. But we’d have to flesh it out to create reasonable doubt.

“So after she confided these personal matters to you, what did you do?”

“I examined her in my office that week.” With an expression of gravity, he added, “I saw marks on her, healing contusions consistent with abuse. The injuries were on areas covered by clothing—not an unusual circumstance for victims of domestic violence. When I asked, she refused to reveal the man’s identity. She said even her own family didn’t know about him, and she intended to keep it that way.”

“What else occurred on that occasion?”

“I advised her about the bleeding and cramps and we discussed birth control options. I wrote a prescription for her. I asked whether she was in danger from the abusive situation, but she informed me that she’d left him and she never intended to see him again. She was adamant about it.”

“Did you make any written record after the examination?”

“I did.”

Luckily, he had the notes in his office’s electronic records, which had been provided to us today by his staffer. As the office notes were displayed for the jury on the overhead screen, I glanced at the DA, wondering whether Gordon-James had misread them earlier or failed to decipher Caro’s abbreviations and codes.

And then I refocused on my client. Caro’s direct examination was coming along better than I’d expected, and I didn’t want to break the rhythm. “What, if anything, occurred after that initial office visit?”

“I called to check on her, to see whether the bleeding and cramping had subsided.”

“And thereafter, did you communicate with Ms. Gates again?”

“I did. We did.” He rubbed his forehead as if he were in pain. “I stayed in touch with Aurora because I was worried about her. I wanted to help her. She had a special quality, the kind of charisma and enthusiasm I admire—probably because I lack those traits. She was a young woman who could achieve great things. But she had a vulnerable side.”

His voice wavered. Caro paused to pull out one of his monogrammed handkerchiefs. This part wasn’t scripted. As he dabbed at his eyes, I wondered how many of these handkerchiefs he owned. He seemed to have an inexhaustible supply.

After a moment, I said, “Over time, did you develop a relationship with Aurora Gates?”

“I did. I admit that. It started as professional concern for her welfare, but that changed. We developed a personal relationship.” He balled up the handkerchief in his fist. “I never intended that, but it just took off. I swear it.”

I manufactured a look meant to convey sympathy for his dilemma. “What is your marital status, Doctor?”

“I’ve been married to Iris for eighteen years. Iris and I met in college. We married the summer before I started medical school. She’s a supportive partner, a loving wife, and we’ve always been faithful to each other. The situation with Aurora—that’s no pattern, not in my life. Our friendship went too far, became physical.”

When Caro referenced Iris, the eyes of the jurors darted in her direction. I almost turned to check on her but stopped myself in time.

I sounded chilly when I followed up. “And whose fault is that?”

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