Death and a Life in Emerald Cove
Chapter 24

Copyright© 2014 by Jay Cantrell

Wyatt Quinn asked for a brief recess after the prosecution had dismantled his DNA 'expert'. His second star witness, a psychologist, was also susceptible to cross-examination. The Mayfield family had contacted four mental health professionals and only Dr. Melinda Gross had communicated anything positive.

The Mayfields made certain to exclude Quinn from their dealings. Since no work product was provided, there was no need to send it to the prosecution. It was slimy but it was also legal.

Still, Melinda Gross' testimony would be explosive – and there were skeletons in her closet if the prosecution had time to look. If Arnold Dusker was any indication, Dr. Gross had best be on her guard. Quinn took a moment to verbalize his misgivings to the witness.

When court reconvened, Quinn introduced Gross and she walked in.

Melinda Gross was in her late 30s. She wore a trendy suit and her dark red hair was styled and impeccable. Unlike Arnold Dusker, Dr. Gross was not a professional witness. Her answers weren't as polished as those from someone who had spent hours on a witness stand. Allyson had spent hours on Lexus Nexus and found Gross' name as a witness on only three cases – none of them criminal. Still, what she found would be enough to impeach her in front of the jury, she thought.

Deposing a medical professional was worthless for a prosecutor. Confidentiality rights covered the doctor until the patient waived them – and it wasn't in the prisoner's interest to waive it until the last possible moment.

Quinn led the witness through her credentials and turned to the prosecution.

"Do you wish to voir dire this witness, too?" he asked in a snarky voice.

"No," Allyson said in the same tone. "This one actually has the degrees she claims she has."

"Enough!" Manning chimed in from the bench. "Mr. Quinn, direct your questions to the witness or to the bench. Am I clear?"

"Crystal, Your Honor," Quinn said. He waited for the bench to admonish the prosecution but nothing came. He frowned and turned to the witness.

"Now, Dr. Gross, let's talk about your background for a moment," he said. "You've spent years working with convicted sex offenders. Isn't that correct?"

"It is correct," Gross said with a nod. "I was an independent contractor for courts in Allegheny County, Pennsylvania. That's Pittsburgh. My primary job with the courts was to assess the mental health of convicted sex offenders in regards to custody and visitation cases."

"How many sex offenders would you say that you've counseled?" Quinn asked.

"Hundreds," Gross answered. "Possibly thousands. I really didn't keep count."

She chuckled nervously but no one chuckled with her.

"You've had occasion to meet with the defendant, Mr. Mayfield, isn't that correct?" Quinn posed.

"That is correct," Gross replied.

"What were you initial impressions of Mr. Mayfield?" Quinn asked.

The witness considered her answer for a moment.

"Very self-involved," she said with a frown. "He lacks maturity. He styles himself as something special. It was clear to me from the outset that Mr. Mayfield has a very high opinion of his worth and of his family."

"Did you find that unusual?" Quinn wondered.

"In and of itself, no," Gross replied. "Mr. Mayfield comes from a wealthy, influential family. In his experience, he is something special. It is my opinion that he showed all the traits of a classic narcissist. He clearly believes himself to be superior to those around him. He has a strong personality and he was very friendly and warm. I suspect that his demeanor led many to view him as a leader and that added to his feeling of superiority."

"So he was spoiled and selfish?" Quinn posed.

"In layman's terms, yes," the witness replied.

"Let's return to the main crux of your professional life," Quinn said. "Do sex offenders have any general characteristics? Strike that, please. Let me ask the question differently. Is there any specific trait that you've found in the sex offenders you've evaluated?"

"Unfortunately, no," the witness replied. "If there were, we could identify that trait prior to the crime. There are general traits: a significant portion of abusers were abused themselves; a large number have other underlying mental health issues such as paranoia or rage. But there is no single qualifying characteristic that marks a sexual offender."

Quinn nodded as though he had just imparted the Holy Grail of wisdom to the jurors. The panel looked slightly bored. Melinda Gross was not engaging them. She wasn't as dynamic as Bea Harrison. She didn't command the room like Bryant Hawkins. She didn't turn to speak directly to them as Tim Houston had done. She kept her gaze on the defense attorney and spoke as though she was in session with a patient.

"So you use your background, your training and your experience when you make an evaluation, is that correct?" Quinn asked.

"I think that is the standard for all medical professionals," Gross said. "Simply put, I listen. I let the person talk about himself and I draw my conclusions from what is revealed."

"Let's go back to your interviews with Mr. Mayfield," Quinn stated. "Where you able to draw any conclusions from your discussions with him?"

"Oh, certainly," Gross said. "Mr. Mayfield was very easy to read. As I said, he comes from an influential family. He has always been a leader among his peers. He has never had to couch his words and he doesn't worry about criticism."

"In your expert opinion, did Jonathan Mayfield sexual assault Mary Beth Brockleman on the night she was killed?" Quinn asked. He had leaned forward on the lectern so the jury would understand that this was important. He, too, had seen their attention wandering.

"Absolutely not," Gross answered. "Mr. Mayfield's opinion of himself would never permit him to lower his standards. He sets his sights on sorority presidents and Congressmen's daughters."

Quinn closed his eyes tightly for a moment. He had warned the psychologist about tossing in comments that might disparage the victim. He spoke quickly in order to move away from her gaffe.

"Are you saying he is psychologically incapable of committing a sexual assault?" he asked while the witness took a breath to continue her analysis.

"Of course not," she said. "Mr. Quinn, any male is capable of committing sexual assault or sexual battery. There is none who are 'psychologically incapable' in my opinion."

"What, specifically, led you to your conclusions?" Quinn asked. His eyes bore into the woman as though he was willing her to stay on script. It was illegal for him to put words into her mouth but he was well within the canons to sculpt her testimony.

"As I testified to earlier, Mr. Mayfield shows all the signs of classic narcissism," she said. "He is a handsome man but he believes himself to be better looking that he is. He is intelligent but he believes he is smarter than he truly is. His family is well-off but he believes them to be more influential than they are. He does have a winning personality. I suppose to put my findings in a way that everyone can understand, Jonathan Mayfield would not commit a sexual offense because there is no need for him to do so. I would wager that his charm and looks would draw the eye of any number of willing partners."

"No. In my expert opinion, Jonathan Mayfield does not fit the profile of a sexual offender."


Allyson was on her feet before Wyatt Quinn could sit back down after direct testimony concluded. She was shaking her head as she walked to the lectern, partially in denial and partially in disgust.

"Dr. Gross, who is Larry Bradford?" she asked.

The doctor blinked and glanced at the defense attorney again.

"Doctor?" Allyson pressed.

"I'm not positive I'm permitted to answer that question," Gross hedged. She turned to look at the judge who was ignoring her.

"Let me rephrase the question," Allyson said. "Did you testify at the civil trial of Bradford v. Mooney in 2007? It's a matter of public record, Doctor."

"Yes," Gross answered. She saw the defense attorney hurriedly sifting through papers at his desk.

"Mr. Bradford was the plaintiff in that case, am I correct?" Allyson asked.

"Yes, I believe he was," Gross replied. "I can't answer that with any certainty as it has been a number of years. But I believe he was the plaintiff."

"Let me refresh your memory," Allyson said with thinly veiled disgust. "Your Honor, may I approach the witness?"

Manning nodded and Allyson walked forward to hand over a trial transcript. She was using the evidence to impeach the witness so she gave copies to the bailiff to deliver to the judge and the defense table.

"Your Honor, may I have a brief recess?" Quinn asked. "I'd like to review this."

"No," Manning answered simply. "The witness will be given a few minutes to peruse the document on the stand. You can do the same from your table."

Quinn frowned again and let out a long breath as he flipped the highlighted passages and read. Once again, he closed his eyes tightly. Melinda Gross was far from being the perfect witness. He knew that but he also knew that it wouldn't take most mental health professionals long to see though his client's veneer of civility to the cruel streak underneath.

"May I continue, Your Honor?" Allyson asked. Gross was still looking at the transcript but Manning nodded.

"Did that help your recollection?" Allyson wondered. Dr. Gross looked up and shrugged.

"I simply can't recall all of my patients," she said.

"I understand," Allyson replied. "That's why I gave you the transcript. Dr. Gross, this was a custody case from 2007, isn't that correct?"

"If you say so," Gross replied.

 
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