The Perfect Marriage(76)

Gabriel knew where this was going and made a split-second decision to get out in front of it.

“Blood was found at the crime scene that did not come from the victim, Mr. Sommers. But if you’re asking whether we can prove that this blood was left at the exact time that Mr. Sommers died, the answer is we cannot.”

“That is my point precisely, Lieutenant,” Kaplan said. “There was blood found at James Sommers’s workplace. And his workplace ended up being a crime scene. But you cannot prove that the blood found there was left during the crime, isn’t that right?”

Gabriel decided it was time to push back. “Yes and no. You are correct that there is no way to prove when blood was left with the precision you seem to be seeking. So even Mr. Sommers’s blood, of which there was quite a bit found at the crime scene, can’t be proven to have spilled during the murder, precisely. However, we can make that deduction because the blood was relatively fresh when we arrived at the scene, which was one of the ways the medical examiner determined the time of death. That same analysis is reached by virtue of the fact that the nature of the crime resulted in Mr. Sommers losing a lot of blood. So, I don’t mean to nitpick, but since you made a point of wanting me to be precise, I am trying to be precise. DNA doesn’t reveal all. It’s one piece of a larger puzzle. So while it is true that DNA testing does not tell us the precise moment when the blood is spilled, other investigative modes do give rise to the conclusion that all the blood left at the scene was left during the commission of the murder.”

“Or maybe it was old blood and Mr. Sommers just never noticed the blood left the day before. Maybe Mr. Sommers was a messy guy.”

Before Gabriel could respond, Kaplan went in a different direction. “Lieutenant, you are aware that Owen Fiske is a very sick boy, correct?”

“I’m not a doctor. I know he’s in the hospital. His mother told me that he has leukemia.”

“You’re not suggesting that your lack of medical training makes you ignorant of whether a boy in the hospital for leukemia is very ill, are you?”

“Let me stop you there, Ms. Kaplan,” Judge Martin said. “Is either side going to call any medical personnel on this issue?” She was looking at Salvesen.

“We could if you wanted, Judge,” he said without coming to his feet.

“I do want. Right now, in fact. Let’s recess for an hour, at which time I expect there to be a doctor in the house.”





26

An hour later, Dr. Cammerman took the stand. He looked as if he’d come straight from the hospital, to the point he was still wearing a white lab coat.

Wayne had never thought about Cammerman’s credentials. Dr. Goldman had told them about the treatment, and that was all Wayne had ever considered. But at the start of his testimony, Cammerman testified that he had graduated from Yale University and Harvard Medical School. He ticked off some prestigious-sounding fellowships and a litany of positions with hospitals before arriving at his current job at Memorial Sloan Kettering.

“Dr. Cammerman, please explain a little bit about AML, the disease afflicting Owen Fiske,” Salvesen asked.

Judge Martin cut in before Cammerman could answer. “Mr. Salvesen, I know that Owen Fiske has leukemia, and I know that it is a serious disease. We can move this along a little faster. All I really need to know is the risk to him if he provided a DNA sample.”

“Let’s get right to that, then,” Salvesen said. “Dr. Cammerman, are you familiar with the taking of DNA samples?”

“I’m not an expert in the area, but I know it’s typically done by drawing blood or a cheek swab.”

“And with a healthy person, is there any risk in such a procedure?”

“Again, with the caveat that I’m not an expert in this area, I suspect that there is not. Or it is minimal.”

“Now, I get that Owen Fiske is not a healthy person, but let me ask you the question that Judge Martin said she wanted answered: If the police follow the hospital’s precautionary procedures, will Owen Fiske’s recovery be compromised by his giving a DNA sample?”

“That is unlikely. He has a CVC already in place.” Dr. Cammerman looked up to Judge Martin to explain. “That’s a catheter for the withdrawal of blood.”

“In fact, the doctors and nurses at the hospital often take Mr. Fiske’s blood, do they not?” Salvesen said.

“They do.”

“In other words, what the police want to do through the execution of this warrant is already being done to Owen Fiske on a fairly regular basis. Isn’t that right?”

“Yes.”

“Your witness,” Salvesen said.



Lisa Kaplan returned to the podium.

“Dr. Cammerman, please explain the treatment you have been providing to Owen.”

“Owen was diagnosed with AML when he was thirteen. He was treated at that time with chemotherapy and radiation, and the cancer went into remission. However, it returned earlier this year. When it did, the decision was reached that additional chemotherapy alone was not recommended because his cells would continue to produce leukemia. Instead, we suggested he undergo what is called an allogeneic transplant, by which donor stem cells are implanted into the bone marrow.”

“Prior to the transplant, a process called myeloablation occurs, correct?”