Chapter 57 — And get in plenty of trouble!

_October 16, 1989, McKinley, Ohio_

{psc} "I hate those cases," Sophia said with a note of despair in her voice.

Our pyrexia case had just been admitted to oncology on a preliminary diagnosis of lymphoma and would have a lymph node biopsy. We hadn't detected the swollen lymph node in our primary exam, because it was in the young man's armpit, and our usual tests were in the neck. There were blood markers, and the second exam had turned up the swollen gland.

"On the plus side, the recovery rate is very good," I said. "And all four of our chemical inhalation patients will most likely be discharged this afternoon after observation."

"That doesn't make cancer suck any less," she protested.

"No, it doesn't," I agreed. "But we also caught that lymphoma early, so the kid has a fighting chance. Get another chart, please, and Marv can do the workup."

"Right away!" Sophia replied.

The afternoon was routine, and I had dinner with Patrick Shore from Cardiology and Matt Keller from endocrinology. After dinner, things were eerily quiet, and I only saw one patient before I headed home at 9:00pm.

_October 18, 1989, Circleville, Ohio_

"I'm going to perform the test today," Kris said when we got out of bed on Wednesday morning. "I want you here, and I don't want to have to get out of bed at 4:00am tomorrow! Six days should be OK, right?"

"Yes, though there's a slightly higher risk of a false negative."

"Let me do the test," Kris said.

She went into the bathroom, opened the box, read the instructions, tore open the package, then urinated on the test stick.

"It says to wait five minutes for the results," Kris said.

"That's right," I replied.

"Could there be a false positive?"

"It's possible, but highly improbable. If it's positive, then you should call Candace Forsberg and make an appointment. She'll draw blood to confirm the results."

Five minutes later, Kris smiled and showed me the twin pink lines of a positive pregnancy test. We hugged and exchanged a soft kiss.

"How long can we safely have sex?" Kris asked.

"Candace will give you advice as your pregnancy progresses, but the usual guidance is into the seventh month, so long as you're comfortable. It will mean you on top after the third or fourth month."

"What do you like to say?" Kris asked, with a twinkle in her eye. "'Oh darn'?"

"I have no complaints!"

"I'm positive, especially because now «la pipe» won't interfere with me getting pregnant!"

"Yeah, yeah," I chuckled. "I am very, very happy."

"Me, too! And the timing is close to perfect. I'll deliver in late June, I think."

"Roughly June 20th," I replied after doing some quick math in my head.

"Besides the «vitamines», is there anything I should do right away?"

"We need to modify our fasting rule, and both Father Roman and Father Luke already approved, simply avoiding red meat."

"You could be stricter, if you like," Kris offered.

"No, we should keep the same rule as a family," I replied.

"OK. I'll call Doctor Forsberg later this morning. We should get Rachel, have breakfast, and say our morning prayers so you can get to the Free Clinic.

"Sounds like a good plan to me!"

We did as Kris suggested, and after morning prayers, I showered and dressed, then headed to the Free Clinic.

_October 20, 1989, McKinley, Ohio_

In order not to have to rush more than necessary, Kris picked me up at the hospital on Friday afternoon just after 5:00pm. Our plan was to drive through Wendy's for chicken sandwiches, which we'd eat on the way to Newtown for Code Blue's gig.

"We're leaving immediately after you play, right?" Kris asked as we got into my Mustang.

"Yes. We won't get home until close to midnight as it is and I have to be up around 4:00am. Fortunately, tomorrow's shift is only twelve hours. How was your visit with Candace?"

"Short! She checked my vitals, did a quick exam, and had the nurse draw blood. She said your advice for folic acid and iron supplements was exactly right."

"I might have paid a small amount of attention to things other than trauma the past four years," I chuckled.

"It would seem so, given you successfully delivered a baby!"

"Not by choice! My plan was to never have to do that in my entire career once I completed my OB/GYN Clerkship! And if OB had done their jobs, it would have never happened. An OB nurse has far more qualifications to deliver a baby than any doctor outside OB. They see dozens a week; I've seen one since Third Year, and it was that delivery!"

Kris laughed, "Listen to the big, brave man scared of a little baby!"

"You're wrong," I replied with a grin. "It's women in labor who scare me!"

"You weren't with Elizaveta, were you?"

"No," I replied. "I would have been had Doctor Forsberg not determined that an unplanned C-section was indicated. And really, it was only out of an abundance of caution, which, in a sense, turned out to be warranted, even if the results were tragic."

"You're OK to talk about it?"

"Yes. The medical side of what happened is completely understandable, and fits with everything I've learned. If it were anyone except my wife, or a close friend, I'd chalk it up to 'one of those things' and move on. Being able to do that is an important trait for doctors, especially in trauma. I pray for every patient, and for the souls of those who don't make it, but I can't allow that to affect my focus because there is always another patient."

"I'm not sure I could be so…detached I think, is the right word."

"Yes, and if you can't be, then you practice some other type of medicine or find a different career."

"I've never asked, but how often do people die in your presence?"

"Because I'm mostly handling walk-ins, it's fewer than one per week. For a typical trauma doctor, it's one or two per week, depending on how you count."

"What do you mean?"

"Unless it's obvious someone is dead, that is, decapitation, visible brain matter with no pulse, exsanguination, or a cold, pulseless body, the paramedics bring them in. I've had patients legally die in front of me who are actually already dead, but because dying in the presence of a physician means far less paperwork, the paramedics bring them in. And lest I sound as if I'm discouraging that, I'm not, because a small percentage of those can be saved."

"Without the technical medical speak, please?"

"Our 'loss rate' is around ten per week out of thousands of patients. Most of the ones we lose are either what you would call a 'massive heart attack', usually a STEMI — ST elevation myocardial infraction — or massive trauma, usually from a motor vehicle accident."

Our conversation was interrupted as we drove through Wendy's and resumed once we were back on Route 50 heading towards Cincinnati.

"If you think about it, far more people would die without the Emergency Dispatch Center, the paramedics, and the Emergency Department. Taking that into account provides a somewhat different perspective."

"Yes, I can see that. Do you talk to anyone about the patients who die?"

"I have mentioned them when speaking to my confessors, whomever they were at various times, but after the first two or three, I became detached, as you've observed. But I think you've heard from Clarissa and Lara that wasn't the case with Sandy, Lee, and especially Elizaveta."

"Yes, of course. You don't talk very much about what happens, except for the political subjects."

"I suppose the best thing to say is that as a trauma surgeon, I don't bring my work home with me. When I walk out the doors of the hospital, I can clear my mind and focus on everything else that's important — our family, our friends, church, and music."

_October 21, 1989, McKinley, Ohio_

"You look tired," Clarissa said when we met in the ED early on Saturday morning.

"I am tired! I only managed about three hours of sleep last night because we arrived home later than expected due to an accident on Route 50 just west of Owensville."

"No more gigs for the rest of the year, right?"

"The end of the semester concert at Taft in December, but that's an easy one, and it's over by 10:00pm at the latest."

"You have the same schedule in November, right?"

"Yes, and likely until the grant that covers the PGY1s rotating through the Free Clinic runs out."

"End of August, next year, right?"

"Yes. Nobody knows if it'll be renewed, and if it is, it'll be the new class of PGY1s who are assigned there."

"Morning Mike!" Paul Lincoln said, coming up to me. "Three waiting on admits. Ready?"

"I'll catch you later, Petrovich!" Clarissa said, then walked away.

"Go ahead, Paul," I said.

"Exam 3, Male, sixty-two, A-fib, stable, waiting on Cardiology; Trauma 1, Female, nineteen, agitated, five of Haldol, waiting on Psych; Exam 1, male, forty-one, on a banana bag after a drunk and disorderly arrest, positive for Hep-C; waiting on Medicine."

"I have it. Have a good Saturday."

He left, I found my Saturday students, Karl and Andy, and we checked on the patients.

"Andy," I said, after we'd seen all three, "call each of the services and find out when they'll be taking the patients, because we need the beds. The board is nearly full. If they give you any grief, let me know and I'll speak to Doctor Mastriano. Karl, the only open room is a trauma room, so go grab your breakfast."

They acknowledged my orders, and I went to see Isabella.

"No exam rooms," I said. "I have Andy chasing Cardiology, Medicine, and Psych."

"The new ED can't open soon enough," she replied.

"Eighteen months. We're going to have real problems if other services slow-walk admits overnight."

"Everyone has the same problem — patient loads are up and are increasing faster than our budget."

"What we need is a clinic across the street that would take non-emergent cases, but EMTALA wouldn't let us redirect anyone there, or even put up a sign that said waiting times are shorter."

"The road to hell is paved with good intentions," Isabella said. "I'm going to call Loretta and let her know we're basically stuck until we can move six patients upstairs. If we get a multiple trauma before…"

"Don't say it!" I interrupted.

"You're the last person I'd think would be superstitious!"

"Just allowing my confirmation bias to turn correlation into causation where no causation actually exists. I'll leave you to call the Chief."

I went to the clerk's desk and checked the charts. Fortunately, there wasn't anyone who needed immediate attention, which would have meant using the sole available trauma room. Unfortunately, that meant longer waits. I went to the lounge, poured myself a cup of coffee, and sat down with the _McKinley Times_ to catch up on the news. As I read, my mind turned over the problem we were having, and how we might suggest to people to go to the Free Clinic or the new 'Urgent Care' facility that had opened just south of town.

It struck that posting the estimated waiting time without any encouragement to go elsewhere was within the letter of the law, at least as it had been explained. I wondered if keeping in touch with the Free Clinic and the Urgent Care facility, and posting their wait times, was a possible loophole which we could use to help patients.

Of course, given how litigious our society was, I was sure some court somewhere would find that simply posting comparative waiting times was 'encouraging' people to leave without treatment. That was _technically_ true, but it was for their benefit, and would lead to faster assessment of their complaint. I pushed that out of my mind and returned to reading the paper.

"Medicine took the drunk with Hep-C," Andy said, coming into the lounge about five minutes later. "Psych says 8:15am; Cardiology said 'soon'."

"Is the exam room still open, or did someone snipe it?"

"It's open, but there are six patients in the waiting area."

"Grab a chart and I'll meet you in Exam 1. You'll do the H&P and I'll observe."

He left and a minute later I got up and went to Exam 1.

"Doctor Mike, this is Kevin Dougherty; Kevin, Doctor Mike. Kevin presents with a complaint of pain in his left foot."

"Proceed with your exam, please."

Andy did a good job and after verifying his findings, we stepped into the corridor, joined by Karl, who was returning from breakfast.

"Every indication is a fracture," Andy said. "I suggest x-rays."

I nodded, "That's my assessment as well. Most likely a hairline metatarsal fracture."

We went into the room, I introduced Karl, and after Andy gave his proposed treatment, and the patient agreed, I signed the chart ordering the x-rays. I asked Karl to make the arrangements to that Andy could have his breakfast, and then went to check on the other two patients. The young woman who was sedated with Haldol had unchanged vitals; the sixty-two-year-old man with A-fib complained of flutters in his chest, and I reassured him his condition was not life-threatening, and promised to call Cardiology. I left the room and went to the clerk's desk and dialed Cardiology.

"Hi," I said to the nurse, who answered the phone. "This is Doctor Mike in the ED. I have a patient with a-fib who's been waiting for nearly four hours for admission. Could you provide a timeframe, please?"

"As I said to your student, the on-call Resident is aware and said 'soon' when I asked her about."

"That was, I believe, about thirty minutes ago," I replied. "We're out of beds, so anything you could do to speed up the process would be greatly appreciated."

"Let me see what I can do," she said.

"Thanks."

I hung up and thought about calling Psych, but decided I'd leave that to Isabella or Doctor Gibbs. About two minutes later, Pat Shore from Cardiology arrived with a Third Year.

"Hi, Pat," I said. "Thanks for coming down."

"Sorry about the delay," he said. "I just came on. Doctor Lyon and Doctor Pace are out sick, along with two nurses, so we're shorthanded. What do you have?"

"Lee Schmidt; male, sixty-two; presented four hours ago with complaints of flutters in his chest. EKG confirmed A-fib; given ASA."

"OK. Let's go in."

We went into the room, I introduced Doctor Shore, and waited while he examined the patient and reviewed the EKG. As I expected, he prescribed warfarin and referred Mr. Schmidt to a cardiologist. Once the chart was updated, we stepped out, and I went to present to Isabella, who approved the discharge and signed the chart.

My students and I saw three more patients, and finally, just before 9:00am, Psych called to say they were ready to accept the young woman who had been sedated in the ED since she'd arrived at 11:15pm the previous night. I felt that was unconscionable, but given my past interactions with Psych, the only thing I could do was note it on the chart, and flag it to Isabella.

Other than the overnight patient load, it was a routine day, and I saw a total of nineteen walk-ins, assisted in one trauma, and provided surgical consults for two others. By the time 5:00pm came around, I was beat and ready to go home and sleep, but before I could do that, we'd have dinner and attend Vespers at the Cathedral.

_October 23, 1989, Circleville, Ohio_

On Monday, I could actually sleep in until the alarm Kris had set went off at 6:45am. I didn't have to be at the Pickaway County Courthouse until 8:15am, so I could relax and have a leisurely breakfast before taking Rachel to Milena's house so she could play with Abi.

I arrived at the courthouse about ten minutes early, and was directed by a Sheriff's Deputy to the jury assembly room, where by 8:15am, over a hundred people had gathered, ranging in age from around eighteen to what I estimated to be mid-seventies, about equally mixed between men and women, and with very few minorities, which reflected the ethnic makeup of the county.

I wondered if I'd actually be chosen, or if I'd have to spend each morning and possibly afternoon reading medical journals. According to the booklet I'd received after returning my questionnaire, there were morning and afternoon trials, some could be very short, such as someone challenging a parking ticket, and some could be long, such as a complex murder case.

I had no way of knowing what kinds of cases were on the docket, as that would have required manually reviewing the docket for each judge and trying to guess if a trial would actually be held. I was actually fascinated by the process, even if I'd have preferred to be in the ED, rather than sitting in court.

One thing I was certain of, after speaking to Stefan, was that I wouldn't be seated on a jury where the death penalty was an option, as I was morally opposed to it in all circumstances, and that fact would lead me to be excluded from a jury. That struck me as wrong, because it, in effect, stacked the deck in favor of the government, but Stefan assured me it had been litigated and the government had presented arguments which passed Constitutional muster, which didn't surprise me, given the Eighth Amendment clearly authorized the death penalty, my moral objections to the contrary notwithstanding.

Promptly at 8:15am a jury coordinator gave a brief set of instructions, which I interpreted as 'shut up and read a book' until we were called for _voir dire_, the legal term for the process of selecting or excluding individuals for a given jury trial. Each juror would be asked a series of questions, supervised by the judge, to help them decide whether to challenge a person for cause, or peremptorily, that is, 'on general principles'.

A random selection was made, and I was among the first dozen people brought into a courtroom. As soon as I understood the nature of the case, I knew I'd be challenged for cause.

"This is a medical malpractice case," an attorney said. "I challenge juror candidate nine for cause, as he's a practicing physician."

"Doctor, you're dismissed," the judge said. "You may return to the assembly room."

I wanted to object and say I was the best qualified to evaluate the evidence, but I knew there was no way to overcome the inherent appearance of bias. Instead, I got up and returned to the assembly room and began reading _The Lancet_. I was called twice more, randomly, once on a case of assault and battery, and once on a car theft, and both times a defense attorney used their peremptory challenge against me before I answered a single question.

There were no trials in the afternoon, so those who were not chosen for any of the three trials were permitted to leave with instructions to return the next day. I now had an entire afternoon to myself, because I would be Public Enemy Number One in my daughter's mind if I retrieved her from Milena's house early. Picking her up early at daycare didn't generate that attitude, but she and Abi were basically inseparable.

I headed home, ate lunch, then did something I hadn't done in a long, long time — played chess against the computer, and had my butt handed to me. I didn't allow that to deter me, and focused on playing accurately, and by the fourth game, was playing better. I was still very rusty, and I simply didn't have the time to practice to get better.

"You're home early!" Kris exclaimed when she arrived home at 4:00pm with Rachel in tow.

I hugged my wife and daughter, then answered her.

"We were dismissed at noon, as there were no afternoon trials."

"You obviously weren't selected."

"Correct. I was excluded from one jury because I'm a doctor and it was a malpractice case. I was peremptorily challenged for two other juries."

"What does that mean?"

"Each attorney has a set number of 'because I want to' challenges where they don't have to give a reason. How does that work in France?"

"Ah, OK," Kris replied. "I didn't know the word. I believe the same process applies in France, where an attorney may challenge a juror without stating a reason. But most trials are before a judge, in what I think you call a 'bench trial'."

"Yes. You can waive your right to a jury trial and simply have the judge hear the case."

"In France, you are only entitled to a jury if the potential sentence is more than ten years. Only the «cour d'assises» has juries, and then it's a panel of three judges plus six jurors. And there is no mandate for a unanimous jury as there is in the US. What did you do this afternoon?"

"Allowed your computer to beat my pants off at chess!" I chuckled.

"Well, perhaps later, I can remove them and it will be less ego-deflating!"

"I'm positive that will be the case!"

_October 24, 1989, Circleville, Ohio_

On Tuesday morning, I was called _voir dire_ with a group of eleven others at 8:30am.

"Doctor Loucks, do you attend church regularly," the Assistant County Prosecutor inquired after we were seated and reminded we were under oath.

"Objection!" the defense counsel called out before I could answer, standing up. "Religious affiliation is not grounds for challenge."

"Sustained," Judge Kuhn said. "Mr. Hale, you may ask if the juror is a member of the same church as the defendant, and if not, may not ask further questions about church attendance, non-attendance, or membership."

"Yes, Your Honor," Mr. Hale replied. "Doctor Loucks, are you a member of, or do you attend, Pickaway Baptist Church in Circleville?"

"No," I replied. "I've never been in that church."

What I wanted to say was 'As if!' but that might get me in trouble with the judge.

"What kind of medicine do you practice?"

"I'm a Resident in trauma surgery at Moore Memorial Hospital in McKinley."

"You work in the Emergency Room?"

"I'm on the surgical staff, but my assignment is the Emergency Department."

"No further questions for this juror," Mr. Hale said. "I accept him for the panel."

"Mr. Rabb?" Judge Kuhn said to the defense attorney.

"Doctor, do you have occasion to treat victims of alleged crimes?"

"I treat anyone who comes through the doors without respect to their situation beyond medical need."

"But do you have more compassion for a victim than the police officer?"

"I have compassion for the sick, Mr. Rabb. I'm called to heal them, and anything else is strictly not my concern."

"Challenge this juror for cause," Mr. Rabb announced.

"Objection," Mr. Hale said. "Doctor Loucks has given the most neutral possible answer to that question and did not display any bias or animus one way or the other."

"Doctor," Judge Kuhn said, "are you able to examine the facts of this case and make an unbiased judgment about them?"

"Yes, your honor."

"Challenge for cause denied," Judge Kuhn said. "Mr. Rabb, you have one peremptory challenge remaining. Do you wish to use it?"

I knew we were the second group of twelve, and that meant the defense had used three of their four peremptory challenges in the first group. I wanted to tell him that I was likely his perfect juror — I wouldn't contemplate finding someone guilty unless the state proved their case conclusively, to my satisfaction.

He thought for a moment, then shook his head, "No, your honor. I accept Doctor Loucks for the panel."

Five more jurors were questioned before the judge announced that we had a panel of twelve jurors, plus an alternate, who would sit through the trial but not participate in deliberations unless another juror was disqualified during the trial.

"We have a panel seated," Judge Kuhn said. "The Clerk will read the charges."

The Clerk read the charges — three counts of statutory rape, three counts of serving alcohol to a minor who was not a dependent, one count of contributing to the delinquency of a minor, and one count of battery. The question about church became obvious as soon as the prosecutor began his opening statement — Thomas A. Miller was youth pastor at the church and had, according to the prosecutor, plied a fifteen-year-old girl in the congregation with alcohol, had sex with her on at least three occasions, and had punched her father in the nose when confronted about his actions.

The tricky part of the case became obvious when the defense attorney gave his opening statement — the young woman in question denied having had intimate relations of any kind with the youth pastor, and the allegations were based on a 'brotherly hug' and nothing more. The complaint had been brought by her dad, which he was entitled to do under Ohio law.

I wondered how the prosecutor would prove his case if the alleged victim denied the assault. He'd said 'evidence would show', and I was truly curious as to what evidence they might have. Given what had happened to me with regard to my little sister, it might well all be circumstantial, which would make it, in effect, 'he said/she said', though in this case with her dad making the complaint, 'he said/he said'.

I realized I was prejudging the case and paid close attention to the witnesses. It became obvious that the sequence of events was such that the father had what I considered reasonable suspicions. He had complained to the pastor and forbidden his daughter from participating in the church youth group, had discovered his daughter had birth control pills, and had seen them together in Circleville after he had forbidden his daughter from seeing the pastor.

After being informed of that, he had confronted the youth pastor and they'd become involved in a shouting match and it had escalated to a point where the pastor had struck the dad in the face. That led to a police complaint which started an investigation.

It was that investigation where the wheels came off for the defendant — the police had found three single-day motel reservations, and the clerk had seen the pastor with a girl, but couldn't identify her because she'd gone directly from the car into the room when the youth pastor had checked in. He did identify the girl's hair color, which matched the alleged victim.

The next two witnesses were the girl's friends who testified to seeing hugs and at least one kiss on the lips between the victim and the pastor, and seeing her drinking beer with him. Those two were followed by a third girl, who claimed that the young woman had detailed for her the sexual encounters. The final witness was the young woman who resolutely denied having any relationship with the pastor. She did admit to being on birth control, but denied having had sex with anyone.

We broke for lunch after the prosecution rested. The judge had admonished us not to discuss the case, and we sat in a jury room and ate box lunches provided by the county, and once we'd finished, went back into the courtroom.

The defense consisted of the girlfriend testifying that she had been at the motel with the defendant, and then the defendant testifying. He, too, denied an improper relationship with the young woman. He freely admitted having punched the father, but only after being shoved several times. He admitted going to the motel, but with his girlfriend, who was nineteen, and to drinking beer in public, but not providing beer to the young woman. Under cross-examination, he was steadfast in his denial, and despite pressure from the prosecutor, did not change his story.

The closing arguments were fairly straight forward, but left me wondering exactly why the prosecutor had brought this case. It was extremely weak, and with the steadfast denials by the young woman, and no direct evidence, I didn't feel the government had made its case, at least for the statutory rape charges.

Judge Kuhn gave us the 'jury charge', explaining to us our duties and law, then sent us to the jury room to deliberate. We each got something to drink, then sat down. The first order of business was to elect a foreman, and as there was only one volunteer, the other eleven agreed she should fulfill the role.

She suggested we take a secret vote on each charge, with each person writing 'G', 'NG', or '?', depending on their view of each charge. She read of each charge by number and I marked each one on my pad. Given what the judge had said, I wrote 'G' next to the battery charge, '?' next to the delinquency and drinking charges, and 'NG' next to the statutory rape charge, because there was no way to prove it.

We handed in the papers and the foreman counted them.

"Everyone voted guilty on the battery charge," she said, "so I think we can dispense with discussing that. For the statutory rape charges, there are six 'Not Guilty' votes, three 'Guilty' votes, and three question marks. On the alcohol charges, there are eleven question marks and one 'Guilty' vote. On the delinquency charge, there are twelve question marks. Does anyone want to speak on any of the charges?"

"I do," I said. "I voted 'Not Guilty' on the statutory rape charges. The government is required to prove it beyond reasonable doubt. They have only circumstantial evidence, at best. Both the girl and the youth pastor denied it, and the youth pastor had an answer for the motel. There simply isn't enough evidence to convict."

"Don't you think he did it?" a man about my dad's age asked. "I do, and I voted 'Guilty'.

"I'm not sure that's relevant," a young woman in her twenties interjected. "I voted 'Not Guilty', too, for the same reasons."

"I agree with…" I looked at the young woman.

"Libby," the girl said.

"I agree with Libby that it's not relevant, but I'll say that in her dad's position, I'd have been suspicious. But that's not enough for a conviction. All we need is reasonable doubt to acquit. That's my reason for the question of the contributing to the delinquency of a minor charge. For it to be true, some other charge about the girl needs to be true. Looking at the alcohol charge, all we have is testimony saying they saw the girl drinking beer with the youth pastor."

"That'll cost him his ministry no matter what," a man about my age said. "That church teaches consuming alcohol is sin."

"Jesus begs to differ," I countered. "Something about turning water into wine and being challenged because it was too good to serve to drunk guests."

"Yeah, wasn't saying I agree," the man said. "I had a friend in High School who was a member there and they were fanatical about booze."

"Losing his position sounds like enough punishment to me," a woman about my mom's age said. "They never proved he gave her the beer, just that they were drinking together. And if my grandsons are any indication at sixteen and fourteen, teenagers like beer as much now as they did when I was growing up."

The conversation continued, and it was obvious to me that we'd never convict him on any charges except the battery charge. The foreman actually said that and suggested we take another vote. The new vote was twelve 'Not Guilty' on the drinking charges, one 'Guilty' and eleven 'Not Guilty' on the statutory rape charges and contributing charge.

It took about an hour to convince the man who had first spoken up, saying he voted 'Guilty' to agree to change his vote. The foreman asked him twice to make sure he was sure, and he was, so she filled out the verdict forms. Once those were completed, we all signed them, and she notified the bailiff we'd reached our verdicts. He notified the judge, and fifteen minutes later we were once again seated in the courtroom.

"Madam foreman, you may announce your verdicts."

"On the first charge of statutory rape, we find the defendant, Thomas A. Miller, 'Not Guilty'."

"Son of a bitch!" the dad growled.

The judge banged his gavel and called for order, then had the foreman continue reading the verdicts.

"On the second charge of statutory rape, we find the defendant, Thomas A. Miller, 'Not Guilty'. On the third charge of statutory rape, we find the defendant, Thomas A. Miller, 'Not Guilty'. On the first charge of providing alcohol to a minor, we find the defendant, Thomas A. Miller, 'Not Guilty'. On the second charge of providing alcohol to a minor, we find the defendant, Thomas A. Miller, 'Not Guilty'. On the third charge of providing alcohol to a minor, we find the defendant, Thomas A. Miller, 'Not Guilty'. On the charge of contributing to the delinquency of a minor, we find the defendant, Thomas A. Miller, 'Not Guilty'. On the charge of battery, we find the defendant, Thomas A. Miller, 'Guilty'."

"I request a jury poll," the Prosecutor declared, standing up.

The judge asked us each, in turn, if we agreed with the verdict, and we each confirmed that we did.

"Ladies and gentlemen of the jury, you are dismissed. Thank you for your valuable service. The bailiff will escort you out. You do not need to return for the rest of the week."

The best part of that was that I now had three days off, as Doctor Gabriel had scheduled someone to cover my shifts. I'd need to return my jury fee to the county, but I'd be paid my normal salary for the month despite missing an entire week of work. I thought about calling Kylie to see if she wanted me to take one of her shifts, but quickly pushed that thought out of my mind in favor of three days of Rachel/Daddy time, which had been sorely lacking since July.

I gathered my coat, hat, and medical journal, and headed out to my car for the drive home. I arrived just after Kris, who had picked up Rachel from Milena's house on her way home. I greeted them both with a hug and a kiss, though Rachel's was on her forehead.

"Did you sit on a jury?"

"Yes, and it was stupid, frankly."

"Are you permitted to talk about it?"

"Yes. Secrecy is only required until the trial is over."

"What was stupid?"

"The prosecutor brought an unwinnable case, and it should have been blatantly obvious to everyone that it was unwinnable."

"So you acquitted the accused?"

"On three charges of statutory rape, three charges of providing alcohol to a minor, and one charge of contributing to the delinquency of a minor. We convicted him on a misdemeanor battery charge, which could, at most, get him thirty days in the county jail."

"You didn't believe the girl?"

"She denied it. Her dad made the complaint after he confronted the guy, who punched the dad in the nose after a shoving match. The guy denied it, and the only evidence they had was totally circumstantial — he checked into a motel with a girl, who he claimed was his girlfriend, not the underage girl in question. He's youth pastor of a local Baptist church and admitted drinking alcohol and fornicating, as well as punching the dad. He'll lose his ministry, for sure, but he's probably not going to jail."

"Nobody saw her at the motel?"

"It's similar to the Star Light, where you park by your room, and only the guy went into the office. The clerk saw a girl with the same color hair, but the guy's girlfriend testified it was she who was with him and she and the young woman are about the same build and have similar hair. At a distance, you probably couldn't tell them apart."

"So why bring the case?"

"All I can think of is that her dad is someone important, but it wasn't stated in court, so I don't know for sure. I also wonder about filing so many charges. When they charged Paul, it was with one count of statutory rape, one of oral sodomy on a minor, and one of corruption of a minor under fifteen. He pled guilty to the first two."

"Oral sodomy?" Kris asked. "I thought sodomy was something different."

"You and most normal people," I replied. "But 'sodomy' is, in the Ohio statutes, 'unnatural' sex, so it applies to oral sex, which is illegal for anyone in some states."

"That's just as stupid as the states which have the age of consent at eighteen! And I thought it was OK for underage kids to drink, just not buy liquor."

"Their parents or guardians can serve them, but nobody else."

"Ah, OK. So, what happens now?"

"Now I have three days off to spend with my daughter! I'm sure we can find plenty of things to do!"

"And get in plenty of trouble!"

"I believe that will be Rachel and her co-conspirator Abi in about twelve years! Shall we make dinner?"

"Yes!"