Testimony of Det. Jaclyn Barr, Dr. Warner, Dr. Hendrix, and fighting between counsel and the judge
[21:13] Bailiff: Please rise for the Honorable Judge Jamie Ross. Court is now in session.
[21:13] Alan Shore: ::stands::
[21:14] nypddetgoren: ::stands::
[21:14] carolynbarek: ::stands::
[21:14] AbbieCarmichael: *stand*
[21:14] drmelindawarner: ::stands::
[21:14] NYPDEames: ::stands too::
[21:15] Detective Logan: ::sneaks in, late::
[21:15] Judge Ross: ::Judge Jamie Ross enters, taking her place at her bench::
[[21:16] Judge Ross: ::bangs her gavel::
[21:16] Judge Ross: ::nods to the attorneys:: Counselors, good morning.
[21:16] Judge Ross: ::Doink Doink:: Trial Part 1.
[21:47] Alan Shore: ::nods::
[21:47] AbbieCarmichael: Good morning..
[21:48] Judge Ross: Ms. Carmichael, are the People ready to begin their case?
[21:48] AbbieCarmichael: We are, Your Honor.
[21:48] AbbieCarmichael: The People call Detective Jaclyn Barr.
[21:49] Judge Ross: ::she nods::
[21:49] Judge Ross: Bailiff:: *swears in Jackie*
[21:49] Dt J Barr: *sits down, taking a deep breath*
[21:49] Alan Shore: ::watches as stone faced as possible::
[21:51] AbbieCarmichael: *steps out from the table* Det. Barr..you are new to the Major Case squad, are you not?
[21:51] Dt J Barr: *nods* Yes, I am.
[21:52] AbbieCarmichael: Where were you before joining Major Case?
[21:52] Dt J Barr: I worked with Vice...
[21:55] AbbieCarmichael: *smiles* Did you make it a habit of dating defense attorneys in Vice, Det. Barr?
[21:55] Dt J Barr: *pales slightly* No, I did not...
[21:55] AbbieCarmichael: But you did, in fact, go on a date with Mr. Shore, did you not?
[21:55] Alan Shore: Objection! Detective Barr isn't on trial here.
[21:58] Judge Ross: ::her brows raise:: Counselors, approach the bench.
[21:58] Alan Shore: ::walks over::
[21:58] AbbieCarmichael: *approaches the bench*
[21:59] Judge Ross: ::her voice low, and annoyed:: Ms. Carmichael, what is the meaning of this?
[22:00] AbbieCarmichael: A defense attorney dating an investigating detective would seem to be a conflict of interest
[22:00] Judge Ross: And you chose to announce it in a public court room--if it is in fact true--instead of coming to me?
[22:00] Judge Ross: ::narrowed eyes::
[22:01] AbbieCarmichael: Yes, I did...
[22:01] AbbieCarmichael: If you'd let me ask Det. Barr, she would admit it's true..
[22:02] Judge Ross: I want the three of you in chambers. *Now.* We'll take a fifteen minute recess. And you'd all better have some damned good explanations, because a mistrial won't look good on your record, Ms Carmichael, and a report to the Bar certainly won't appear good on yours, Mr Shore.
[22:04] Dt J Barr: *can't bring herself to look at anyone*
[22:04] AbbieCarmichael: Of course, Your Honor.
[22:04] Alan Shore: ::does not move::
[22:04] Judge Ross: Mr. Shore?
[22:05] Dt J Barr: *leaves the courtroom*
[22:06] AbbieCarmichael: *leaves*
[22:06] Judge Ross: ::bangs her gavel:: Court will recess for fifteen minutes.
[22:06] Alan Shore: ::walks out::
[22:06] Judge Ross: ::meets them in her chambers::
[22:06] Judge Ross: ::not. happy.::
[22:06] Dt J Barr: *looks like she is trying very hard not to cry*
[22:06] Alan Shore: ::Stands in front of her desk::
[22:07] Alan Shore: ::totally ignores Jackie::
[22:07] Judge Ross: ::her jaw clenched:: You each have a minute apiece to defend yourselves. I want to know why I shouldn't call a mistrial here, folks.
[22:07] Judge Ross: Detective Barr, why don't you go first.
[22:08] Judge Ross: ::stares::
[22:08] Dt J Barr: *blinks*
[22:08] Dt J Barr: *takes a deep breath*. Mr. Shore and I went on one date, and it was before the trial started. Ms. Carmichael knows this...
[22:09] AbbieCarmichael: What two days before?
[22:14] Judge Ross: ::raises her brow:: Anything else, Det. Barr?
[22:15] Dt J Barr: Yes..*very calmly* This is my fault. I should have known better.
[22:15] Judge Ross: ::nearly laughs:: Well thank you, Detective Barr. I'll be sure to consider that when i make my final decision.
[22:15] Alan Shore: ::looks like he wants to say something, but waits his turn::
[22:16] Judge Ross: ::turns her head in Alan's direction:: Mr. Shore. This is a clear ethics violation. Tell me why I shouldn't report you to the committee and/or declare a mistrial.
[22:17] Alan Shore: Detective Barr and I did not speak of the trial in any detail. The date did occur prior to the trial, prior to the submission of any witness lists or testimony.
[22:17] Judge Ross: But you knew she was involved with the investigation.
[22:17] Judge Ross: Correct?
[22:19] Dt J Barr: *is going to find a way to make Abbie's life miserable*
[22:19] Alan Shore: I did not know to what extent, at the time.
[22:19] Alan Shore: I knew she was a detective, I knew she once worked with Major Cases.
[22:20] Judge Ross: ::smirks:: Alright. ::turns to Abbie:: Tell me, Ms. Carmichael, why you chose to blurt such, as you put it, potentially harmful information, out in a public courtroom.
[22:21] AbbieCarmichael: Because, Your Honor...I didn't find out about this until after the witness lists were submitted.
[22:21] AbbieCarmichael: I was informed by another witness in the case...Officer Millie Vizcorrando-Logan.
[22:22] Judge Ross: I see.
[22:22] AbbieCarmichael: Another of Mr. Shore's witnesses..
[22:23] Judge Ross: ::she nods:: I have seen the list.
[22:23] Judge Ross: ::she looks over some papers and then looks back up at them::
[22:23] Judge Ross: You may go. I'll be back on the bench in several minutes to render my decision.
[22:23] Dt J Barr: *stands and hurriedly leaves*
[22:24] AbbieCarmichael: *leaves*
[22:24] Alan Shore: ::follows Jackie::
[22:24] AbbieCarmichael: *re-enters the courtroom and sits back down*
[22:25] Dt J Barr: *stays in the hall outside the courtroom, unable to go back in*
[22:26] Alan Shore: ::enters and sits::
[22:27] Judge Ross: ::a few excruciating minutes later, Judge Ross returns, as does the jury::
[22:27] Judge Ross: Counselors, approach the bench, please.
[22:28] carolynbarek: ::Caro has left to go to the outer hall::
[22:28] AbbieCarmichael: *approaches the bench*
[22:28] Alan Shore: ::walks foward::
[22:28] Judge Ross: I have found that since no trial information was exchanged between Mr Shore and Det. Barr, the trial will go on as planned. Don't even *think* about appealing based on this decision.
[22:29] Judge Ross: You were all in the wrong.[22:29] Judge Ross: The witness will not be asked back up. And her testimony, as well as Ms Carmichael's question will be stricken from the record.
[22:29] Judge Ross: The jury has been instructed to disregard it.
[22:29] AbbieCarmichael: Of course..
[22:29] Judge Ross: ::looks to them::
[22:30] Alan Shore: ::relieved:: ::nods::
[22:30] Judge Ross: Alright. As you were. The people may call their next witness.
[22:30] Alan Shore: ::sits back down::
[22:32] AbbieCarmichael: *goes back to the table, looking at her list, and then around the courtroom for Det. Barek*
[22:33] AbbieCarmichael: I call Dr. Melinda Warner...
[22:34] Judge Ross: ::bailiff swears Warner in::
[22:34] drmelindawarner: ::gets sworn in::
[22:36] AbbieCarmichael: Dr. Warner, you conducted the autopsy on Gina DeMarco, did you not?
[22:36] drmelindawarner: Yes, I did.
[22:37] AbbieCarmichael: How did Gina DeMarco die?
[22:38] drmelindawarner: She was strangled to death, most likely with bare hands.
[22:39] AbbieCarmichael: In your opinion, Doctor, would Nicole have been able to strangle Gina?
[22:40] drmelindawarner: Yes, I think she would have had the capability to do so but the evidence says she didn't.
[22:43] AbbieCarmichael: What evidence leads you to believe that it was the defendant, Mr. Burklinn?
[22:44] drmelindawarner: We matched the size and natural rest position of his hands to the bruising on Mrs. DeMarco's neck. The match was almost perfect.
[22:46] AbbieCarmichael: You also performed the autopsy on ADA Carver, correct?
[22:46] drmelindawarner: Yes.
[22:47] AbbieCarmichael: What was his cause of death?
[22:49] drmelindawarner: Blunt force trauma to the head and internal bleeding sustained from the same injuries.
[22:50] Alan Shore: ::loudly after rustling through papers:: Objection your honor...my office was not given copies of the ME's report.
[22:50] Judge Ross: ::raises her brows:: Approach.
[22:51] Alan Shore: ::walks over again::
[22:51] AbbieCarmichael: *approaches*
[22:52] Judge Ross: ::she sighs, rubbing her head::
[22:53] Alan Shore: I was provided with a copious amount of documents, none of which included an Medical Examiner's report
[22:53] Judge Ross: Mr. Shore, if my client was on trial for murder, I'd make sure I had all the necessary documents.
[22:53] Judge Ross: Including cause of death.
[22:53] Judge Ross: The fault is your own.
[22:53] Judge Ross: I'm allowing Ms Carmichael to continue.
[22:53] Judge Ross: ::looks at him:: That's a rookie mistake, Mr. Shore.
[22:53] AbbieCarmichael: It may have been a mistake, Your Honor.....The People had no intention of withholding evidence that could be later used in an appeal..
[22:54] Judge Ross: I'm sure they didn't. As Mr Shore should know, the information isn't a secret, and would have been available for him upon request, as is the standard in any murder trial.
[22:56] drmelindawarner: ::waits quietly, trying not to hear what they're saying, but they're loud::[22:59] Alan Shore: I reserve the right to Recall, Dr. Warner after my office reviews the Medical Examiner's report.
[22:59] Judge Ross: That's fine, Mr. Shore.
[23:02] Judge Ross: As you were, Ms Carmichael.
[23:03] Alan Shore: ::sits again::
[23:03] AbbieCarmichael: *nods to the Judge* Thank you...
[23:04] AbbieCarmichael: Dr. Warner...Did you find any drugs in Carver's system at the time of death?
[23:06] drmelindawarner: Yes. There was residue of sedatives in his system.
[23:07] AbbieCarmichael: Would pain from the head injury and internal bleeding still be felt with the sedatives in his system?
[23:10] drmelindawarner: Yes, they would have.
[23:12] AbbieCarmichael: If Carver had gotten prompt treatment for his injuries at the time they occurred, would he have survived?
[23:12] drmelindawarner: Yes.
[23:13] AbbieCarmichael: So, let me get this straight. Dolph Burklinn, a trained nurse in the terminal care ward....allowed Carver to suffer for days before his -treatable- injuries ended his life.
[23:15] drmelindawarner: Yes. Had Mr. Bruklinn received medical treatment instead of sedatives, he would have lived.
[23:15] Alan Shore: Objection, leading.
[23:16] Judge Ross: Overruled, Mr Shore.
[23:17] AbbieCarmichael: Thank you, Dr. Warner.
[23:17] AbbieCarmichael: No further questions..
[23:17] Judge Ross: Defense on cross?
[23:17] drmelindawarner: ::nods::
[23:18] Alan Shore: ::stands walks in front of the table:: Good Morning Doctor.
[23:18] drmelindawarner: Good morning.
[23:19] Alan Shore: Ms. Demarco...the marks on her throat, they were not an exact match to my client?
[23:20] drmelindawarner: They were as close a match as possible, but no not perfect.
[23:20] AbbieCarmichael: *watches*
[23:21] Alan Shore: ::walks toward the table, then back toward Warner:: How close is close?
[23:22] drmelindawarner: Would you like it quantitatively? ::pauses for a moment before going on:: The match was close enough to ID your client as the strangler.
[23:23] AbbieCarmichael: *smiles*
[23:24] Alan Shore: ::nods:: Fair enough...As for ADA Carver, he had sedatives in his system, how did they get there?
[23:25] Alan Shore: any indication of that?
[23:26] drmelindawarner: They were injected into his arm, presumably by Mr. Bruklinn as usually only trained people can find the vein correctly.
[23:28] Alan Shore: ::nods::
[23:29] Alan Shore: Would the sedatives have lessed the pain Mr. Carver experienced by a great amount?
[23:31] drmelindawarner: Only slightly.
[23:32] Alan Shore: Enough to make a difference?
[23:32] drmelindawarner: I don't think so.
[23:34] Alan Shore: But it's possible that the pain was lessened?
[23:35] drmelindawarner: As I said, only slightly if at all.
[23:37] Alan Shore: ::nods:: As for the injuries, would my client have known they were treatable?
[23:38] drmelindawarner: He's a trained nurse, is he not? He should have known they were curable if not attempted to tend to them.
[23:39] Alan Shore: There was no evidence of treatment?
[23:39] Alan Shore: At all?
[23:39] drmelindawarner: None.
[23:42] Alan Shore: And you are 100% certain that My Client inflicted Mr. Carver's injuries?
[23:42] AbbieCarmichael: Objection!
[23:43] AbbieCarmichael: Dr. Warner has already testified to the fact..
[23:44] Judge Ross: Sustained.
[23:47] Alan Shore: ::Walks toward the table:: No futher questions at this time your, honor. Defense reserves the right to recall this witness after revewing the Medical Examiner's reports.
[23:47] Judge Ross: Duly noted, Mr.Shore.
[23:47] Alan Shore: ::sits::
[00:02] Dr. Hendrix: ::She stood up and walked over to the witness box::
[00:02] Bailiff: *swears in Hendrix*
[00:03] AbbieCarmichael: Dr. Hendrix, state your position..
[00:04] Dr. Hendrix: I'm a psychiatrist.
[00:04] AbbieCarmichael: You evaluated Dolph Burklinn, did you not?
[00:04] Dr. Hendrix: Yes, I did.
[00:04] AbbieCarmichael: What were your initial impressions of Mr. Burklinn?
[00:05] Dr. Hendrix: I found him a competant, uncaring, and generally unremorsefully to the crimes of which he is charged.
[00:07] AbbieCarmichael: Why did Mr. Burklinn get involved with Nicole Wallace?
[00:09] Dr. Hendrix: According to Mr. Burklinn, she picked him up in the bar and engaged in sexual relations with him.
[00:10] AbbieCarmichael: And why did he continue to see Nicole Wallace?
[00:11] Dr. Hendrix: In his words, the sex was great.
[00:11] NYPDDetGoren: ::shudder::
[00:12] detectivelogan: ::looks at him::
[00:12] detectivelogan: ::stage whisper:; Did you hit that?
[00:13] NYPDDetGoren: ::glares at Logan, whispers back:: Shut up, bastard.
[00:13] NYPDEames: ::glares at Mike and reaches over, quickly squeezing Bobby's hand::
[00:13] AbbieCarmichael: *smirks* And why did Burklinn assist Nicole Wallace in carrying out her evil scheme?
[00:13] Warner: ::resists urge to slap Mike upside the head::
[00:13] Dr. Hendrix: Well, for the continued sex. Although he did admit that Nicole Wallace threatened his mother's life if he didn't help her.
[00:14] AbbieCarmichael: Do you think Burklinn feared for his mother's life?
[00:15] Dr. Hendrix: After examining him, I'd have to say no.
[00:15] detectivelogan: ::whisper:: You DID. Nasty.
[00:15] Warner: ::does slap the back side of Mike's head::
[00:16] detectivelogan: OW
[00:16] AbbieCarmichael: *oblivious to the misbehavior from the peanut gallery*
[00:16] NYPDEames: ::gives him a look that clearly says "you are SO lucky you are not in arms length"::
[00:16] Judge Ross: ::raps her gavel::
[00:16] Judge Ross: Quiet in my courtroom.
[00:16] AbbieCarmichael: *stops*
[00:16] AbbieCarmichael: Why is that, Doctor?
[00:16] Warner: ::glares at Mike::
[00:16] Judge Ross: ::raises her brows:: We will clear this courtroom and I will issue a gag order if need be.
[00:17] Judge Ross: Ms. Carmichael, please continue.
[00:17] NYPDDetGoren: ::looks over at Warner and nods::
[00:17] Warner: ::nods back::
[00:17] detectivelogan: ::scratches back of head w. middle finger::
[00:18] Warner: ::glares again and returns to watching the case::
[00:18] AbbieCarmichael: *repeats the question*
[00:19] Dr. Hendrix: He seemed to be mostly bothered not by the immenent harm of his mother, but by the prospect of Nicole threatening an aspect of his life in general.
[00:20] AbbieCarmichael: Because he was scared of her?
[00:20] Dr. Hendrix: No, because he was angry that she was trying to take control away from him.
[00:21] AbbieCarmichael: So you would define Mr. Burklinn as someone who likes to be in control?
[00:22] Dr. Hendrix: Definitely.
[00:23] AbbieCarmichael: Mr Burklinn, in his own eyes, was running the show, correct?
[00:24] Alan Shore: Objection
[00:24] Alan Shore: How does Ms.Carmichel know what's in my client's head?
[00:25] Judge Ross: Rephrase the question, Ms. Carmichael.
[00:25] AbbieCarmichael: I wouldn't...but surely, Dr. Hendrix is qualified to assess..
[00:25] AbbieCarmichael: Fine.
[00:25] AbbieCarmichael: Dr. Hendrix...Is it your opinion that Mr. Burklinn would have considered himself to be superior to Nicole Wallace..
[00:26] Dr. Hendrix: Maybe not that far. He did believe that he had control over what he did and did not have to do, though.
[00:27] AbbieCarmichael: Do you believe he thought he could convince others to do what he wanted?
[00:29] Dr. Hendrix: No, I don't think so.
[00:30] Dr. Hendrix: Not in the way that you are thinking, at least. Not in the con artist sense of the term.
[00:30] AbbieCarmichael: Then in what way, Doctor?
[00:31] carolynbarek: ::Caro and Jackie walk back in quietly and sit together in the back::
[00:31] Dt J Barr: *watches the trial*
[00:31] Alan Shore: ::ignores the door:;
[00:32] Dr. Hendrix: Well, like anyone might try and convince someone of their point of view. Nicole Wallace manipulated, though. Mr. Burklinn doesn't strike me as that kind of a person.
[00:33] AbbieCarmichael: But, you also believe he was not the type to fall for her manipulations..
[00:34] Dr. Hendrix: He didn't appear to have been manipulated as Nicole's previous victims had been.
[00:35] AbbieCarmichael: Thank you, doctor. No further questions.
[00:36] Judge Ross: If the defense is okay with this, we're going to continue tomorrow.
[00:36] Judge Ross: We'll leave off with the cross-examination of Dr Hendrix.
[00:36] Judge Ross: Due to time and space constraints.
[00:36] Alan Shore: That's fine your honor.
[00:37] Judge Ross: ::nods:: Court will reconvene tomorrow at 11am. We're adjourned for today. ::Gavelbang::
[00:46] Warner: ::stands when court is out:: Next time it might be better to keep your mouth shut, Logan.
[00:47] detectivelogan: Oh, whatever.
[00:47] Warner: I'm not the one you'll have to deal with. ::glances at Bobby and walks off::
[00:48] detectivelogan: Then piss up a rope.
[00:48] NYPDEames: ::looks at Bobby:: You okay?
[00:48] Warner: ::shakes her head as she walks through the doors::
[00:49] NYPDDetGoren: ::nods a little:: I'm ok.