An ADA Speaks to Rae  

Tuesday morning, 8 am: On Poseidon's Song, still docked far out in the Bay, Nick is enjoying a pancake breakfast out on the deck of the ketch. On a lap tray, there's a large stack of blueberry pancakes covered with blueberry syrup; a large bowl of fruit, a quart of orange juice and a thermal carafe of coffee.  

A lone seagull is strutting back and forth on the seat opposite Nick. The gull is showing off in the hopes of obtaining food, which a smiling Nick provides.  

8 AM: Letty and Tom are in OR 4 on quadruple bypass surgery. 

8 am: Jackie is blearily pulling on gloves. Another underarm hair removal patient is lying on a gurney. She's listening to headphones as Jackie turns on the laser gun. Sparks fly out of the laser gun and the exam room goes dim. 
Back in the OR 4, the lights flicker once, twice, three times, and then a 'click' is heard. The surgical team looks at each other. The lights in the OR stop flicking.  

Letty: "Backup generator just kicked in." 

Tom: "Probably just a brown out." 

8 :05 am: Rae, with an armful of newspapers, clambers out of the cab, and shoves a wad of bills in the cabbie's hand. The cabbie's eyes grow wide and he says:  

"Thank you, ma'am!"  

as Rae walks towards the offices of Presidio. Cars are honking behind the cab but the cabbie has begun to count his windfall: two twenties, a fifty and two hundreds. 

Rae doesn't realize she has given the cabbie so much money in tips and the cabbie tries to call her back but between the honking of the car horns and the distance Rae has walked, she doesn't hear the cabbie call her.  

Shrugging, the cabbie pockets the money, turns off the meter and slowly drives away as Rae jerks open the door to Presidio's offices.  

8:10 am, and Rae is in her office when a knock is heard on the door. Without looking up, Rae calls, 

R: "Come in!"  

Detective Lina Rodriguez enters Rae's office.  

L: "Good afternoon, Doctor Brennan." 

Rae looks up, surprised.  

R: "Detective Rodriguez! Sit down." 

Detective Rodriguez complies. 

R: "To what do I owe this pleasure?" 

L: "Questions." 

R: "Should have guessed. What now?" 

Lina smiles.  

L: "See? You ask questions to. In fact, I would think as an oncologist, you'd ask a lot of questions. Like, how is this drug affecting your appetite? Or, are you feeling nauseous?" 

R: "I do ask a lot of questions in my profession." 

L: "But I do have some good news." 

Rae taps her pencil on her desk.  

R: "That I could use." 

L: "The DA has decided to go to trial on the other case." 

R: "And this is good for me?" 

L: "Depends. Word from the DA's office is that your case is murky." 

R: "I have an appointment with an ADA today to go over the case." 

L: "So I heard. Ellen Etzel. Know what else I heard?" 

Rae raises her eyebrow.  

Lina: "There was a major GHB and club drug bust recently." 

R: "What does this have to do with my case?" 

Lina: "One of the arrestees claims he made a rohypnol sale to Robert Winningham." 

R: "Now we know where he obtained rohypnol." 

Lina: "I said claimed. Suspects always try to divert attention away from them by naming other people. Dean Whittier is well known in the news for reasons other than this case." 

R: "But this case hasn't been on the news." 

Lina: "The suspect in the GHB case mentioned Robert's name on his own, under questioning. Said he made some sales to a man known as Robert." 

R: "That doesn't mean that it's Robert Winningham." 

Lina: "Unless there's another Business School Dean going by the name of Whittier, yes, it is Robert." 

R: "Did he say that it was the Dean of the Business School?" 

Lina laughs.  

Lina: "Now you're thinking like a cop. He said this Robert told him his wife was Dean Whittier. Robert was apparently in the hopes of scoring club drugs for the university crowd." 

R: (sneering) "And scoring more 'dates'. Slick bastard." 

L: "And just as apparently, Robert gave a huge windfall to the three suspects. They had gallons of GHB already made and a list of the university's Greek parties." 

Rae frowns.  

R: "That's a long list. Matt always complains around this time of year that the students go a wild near the end of the term. Doctor Howland first treats them in the ER then sends them along to Matt for a followup. " 

Lina: "Just wanted to keep you in the loop." 

R: "I thought you were here for more questions." 

Lina smiles.  

Lina: "I wanted to catch you off guard." 

R: "You succeeded." 

Lina stands up and moves towards the door.  

Lina: "Good luck at the ADAs office. Heard she can be quite frustrating." 

R: "Thanks for the warning." 

Lina leaves Rae's office.  

8:30 am: Matt is sitting in his office, re-reading Linda Weatherbee's file. There is a thick pile of photocopies on his desk, the top copy is marked with Linda's name, and the word 'photocopy'.  

8:31 am: A scowling Rae is standing on the street curb, craning her neck for a cab. Spying a cab, she raises her hand and the cabbie pulls up next to her.  

Rae gets into the cab and says: "Court house." 

The cabbie nods and merges into the early morning traffic.  

9:03  am: In one of Jules' exam rooms, she is reassuring a father (Leopolodo Evangelista). A slightly feverish four year old boy (Alessio) is fidgeting on the exam table. He is playing with a disposable camera.  

The father and son have just returned from a trip through the midwest where they were camping outdoors in search of deer to photograph.  

Leopolodo: "He is vomiting and he has a rash." 

Jules: "And you were camping when he came down with this fever?" 

Leopolodo: "We had been camping throughout the midwest, photographing deer for an article I'm writing. But we came home yesterday." 

Alessio: "We saw a deer just before we went to the airport. Came right up to me and nuzzled my hand!"  

Leopolodo: "And I took a picture of that deer with you, Alesso." 

Alessio: "Goody!" 

Jules: (to Leopolodo) "Plane, train or car?" 

Leopolodo: "Private plane." 

Jules: "Nice way to travel. Was Alessio feverish or ill during the trip?" 

Leopolodo: "No. He became feverish yesterday." 

Jules: "Nice of the fever to wait until you got back home." 

Leopolodo: "Doctor, Alessio wouldn't have contracted SARS would he?" 

Jules: "I'll run a test on his lung tissue but the symptoms match the flu." 

Leopolodo breathes a sigh of relief. 

Jules: "There have been no cases of SARS stateside. Only suspected cases, and none of those have been confirmed." 

Leopolodo: "That's what the papers have been saying." 

Jules: "We have the WHO SARS Control Specialist on staff, Doctor Slingerland." 

Leopolodo: "My wife told me about the press conference he gave down on Noriega Street last Friday. When Alessio came down with a sudden fever yesterday, I thought: SARS. It's so good you work with Doctor Slingerland." 

Jules: "He is working hard on squashing the SARS rumors. No cases so far. I'll prescribe the usual rest for Alessio. I see he's had the flu several times before." 

Leopolodo: "Yes. He seems to come down with every bug known to mankind." 

Jules: "Was that another reason you were worried about SARS?" 

Leopolodo: "Yeah. I'm not used to caring full time for him." 

Jules: "With Marcelena finishing her degree, I guess you're having a crash course in caring for a four year old." 

Leopolodo: "Sure do." (he looks at Alessio, who is holding up the disposable camera to his eye) "Ah, smile for the camera, Doctor!" 

Jules smiles for Alessio, who takes her picture several times.  

Leopolodo: "I can't keep him away from cameras. Must take after his old man. Did you know Alessio won first place in a photo comp?" 

Jules: "He did?" (she scratches her nose)  

Alessio: (in a very loud voice) "Cheese!" 

Jules jumps a bit, startled. A flashbulb pops and Jules is a bit light-struck.  

Alessio: "Gotcha!"  

Jules and Leopolodo snicker.  

Leopolodo: "I think he got you scratching your nose. I'll send you the prints." 

Jules: "Much obliged." 

Alesso: "I had a bug behind my ear but daddy took it off." 

Jules: "What kind of bug?" 

Leopolodo: "A tick." 

9:50 am: Harriet is sitting outside, drinking a cup of decaf coffee. She's pensive and her face is a bit drawn; she's had long nights in the delivery room.  

She spies Matt walking diagonally in her direction but if she doesn't call out, Matt won't notice Harriet's there. 

H: "Matt!" 

Matt looks around to see who called him.  

H: "Over here!" 

Harriet waves and seeing her, Matt changes direction and comes over to where Harriet is sitting. He is carrying a coffee cup.  

H: "Morning. Share a coffee break?" 

With her head, Harriet indicates the cup of coffee Matt is carrying.  

M: "Morning, Harriet. Sure." 

Matt sits down.  

H: "I heard about Linda Weatherbee on the news." 

Matt looks away, anguish on his face. Harriet continues. 

H: "Don't blame yourself. You saw her only once before she died. Doctor Howland had the most contact with her." 

M: "I know. I just feel like I could have done more." 

H: "How?" 

M: "I don't know. Call the cops on her behalf, have them show up at her door." 

H: "That works in suspected child abuse cases, not suspected adult abuse cases. We are required by law to report suspected child abuse. Linda was an adult." 

M: "So I'm supposed to allow a battered woman to walk out of my office without doing anything?" 

H: "Matt, you did what you could. The cops said Linda had made an appointment with Matheson for today." 

M: "Today's too late." 

H: "Yes it is. You can't get too involved in your patient's lives. It always hurts more when they die." 

Harriet finishes her coffee.  

M: "Like Grace?" 

H: "Like Grace." 

Harriet stands up and gathers her belongings.  

H: "I need to get to my lecture." 

Matt tries to smile.  

M: "The same one you roped me into last year." 

Harriet smiles.  

H: "It's either teach pelvic exams on people who are awake, or wait until the women need OB or GYN surgery and teach pelvic exams while the women are under general anesthesia." 

Matt grimaces. 

M: "That practice is one of the most insidious practices I've heard about." 

H: "That's why I teach pelvic exams on live, awake people. Many doctors are uncomfortable giving pelvic exams on women who are under general anesthesia." 

M: "I've heard. Happy lecturing." 

H: "That lecture is not one of the more favorite lectures." 

M: "Sometimes the subject matter is, how did Rae put it?" 

H: "Squeamy." 

M: "Yes. Squeamy." 

H: "I've got to run. Good day, Matt." 

M: "Good day, Harriet." 

Harriet takes her leave of Matt. He remains sitting outside, sipping his coffee.  

9:55 am: On Poseidon's Song, Nick is sitting on the deck of the boat with a fishing rod in his hands. He's whistling, but not really expecting to catch anything...until a tug on the fishing line nearly tips him over. He begins to reel the fishing line in, and notices that he's caught a small silvery fish that he can't immediately identify. 

Same time: 9:55 am. Ellen Etzel, an Assistant DA, is pacing back and forth in front of a mock courtroom stand. A beleaguered Rae is seated in the witness box.  

Ellen: "You invited Robert into your home." 

R: "Didn't we go over this not twenty minutes ago?" 

Ellen: (nodding) "Yes, we did. But would you explain it again, one more time for me?" 

Rae sighs.  

R: "That night, I had a girl's night out with my co-workers. Amongst the five of us, we drank two bottles of Chardonnay." 

Ellen interrupts. 

Ellen: "What time did the evening start?" 

R: (drily) "I thought you weren't going to interrupt me." 

Ellen shrugs.  
R: "Oh well. About 6, maybe six thirty." 

Ellen: "How many glasses did you personally drink?" 

R: "Two or three. And I ate dinner." 

Ellen: "Consisting of?" 

R: "Several buckets of KFC were shared."  

Ellen: "I see. And the evening ended?" 

R: "Around 11." 

Ellen: "And you know that fact how?" 

R: "Because the grandfather clocked chimed eleven times. We counted the chimes, then said goodnight." 

Ellen: "And Robert came right after that?" 

R: "Around 11:30 he showed up at my door. He was upset, and sorry to come over at nearly 11:30. I invited him inside." 

Ellen: "What was he upset about?" 

R: "His wife's affair." 

Ellen: "His wife was having an affair and he came to your house?" 

R: "He wanted to talk." 

Ellen: "About what?" 

R: "Anything. He was upset and wanted to take things off his mind." 

Ellen: "Did you think it was strange Robert came to your house to discuss his wife's affair with you?" 

R: "Everyone who's in the loop at the university knows about Dean Whittier's affair." 

Ellen: "Did you clean up?" 

R: "Clean up?" 

Ellen: "Take all the glasses into the kitchen after your girls night. Things like that." 

R: "No. No, I didn't." 

Ellen: "Where did you leave the wine bottles?" 

R: "On the dining room table." 

Ellen: "The wine bottles were in full view when Robert arrived?" 

R: "We were in the living room, yes." 

Ellen: "Back to Robert's arrival. What was the first thing you did when he arrived?" 

R: "I invited him inside. He looked around the living room and complimented me on my taste in decor." 

Ellen: "And?" 

R: "He asked if he could have a drink." 

Ellen: "Did he ask to fix the drink?" 

R: "No. I told him he was welcome to fix his own drink." 

Ellen: "Why did you tell him that?" 

R: "I had to go to the bathroom and I was hungry again." 

Ellen: "Hungry? You didn't mention that you were hungry when the police interviewed you." 

R: (getting a bit angry) "I was in the hospital with a slight concussion. I can't be expected to remember everything straight away." 

Ellen: "Continue, then. What did you fix to eat?" 

R: "I went into the kitchen and fixed nachos." 

Ellen: "And Robert was fixing his drink at the same time?" 

R: "No. He was wandering around my sun room, looking at all the photos I have from my time with Doctors Without Borders." 

Ellen: "I see." 

R: (sighing) "After I fixed the nachos..." 

Ellen interrupts. 

Ellen: "How long did it take to fix the nachos?" 

R: "How can that be important?" 

Ellen: "We're trying to establish a timeline for Robert to add the rohypnol." 

R: "Spicy Nachos are easy to fix: corn tortillas, shredded velveeta cheese, and sliced chili peppers. I nuked them. Took maybe ten minutes." 

Ellen: "And Robert was within your sight during this time?" 

R: "Yes. The sun room is right off the kitchen." 

Ellen: "Once the nachos were done, where in the house did you go?" 

R: "Back to the living room." 

Ellen: "Where did you sit?" 

R: "On the couch."  

Ellen: "And it was at this point that Robert fixed the drinks?" 

R: "He fixed himself a rum and coke." 

Ellen: "And where did Robert fix the drinks?" 

R: " There's a wet bar in the corner of the living room."  

Ellen: "Ah. What did you have to drink?" 

R: "A martini." 

Ellen: "Did he say the word martini?" 

R: "He asked me if I'd like an electric blue starlight. I asked him what that was and he said it was a new drink popular down at the wharf." 

Ellen: "But you agreed to the drink?" 

R: "Yes. I watched him pour the vodka and add a white powder from a small packet." 

Ellen: "A packet? What kind of packet?" 

R: "Best I can describe it is that it looked like one of those single dose foil aspirin packets." 

Ellen: "Did you see him open the packet?" 

R: "I saw him take it out of his pocket. He acted like he was opening it." 

Ellen: "Did you ask Robert what he was adding to your martini?" 

R: "I did and he said it was a harmless additive that would make the martini turn bright blue. Hence the name, electric blue starlights. He placed my martini on top of the wet bar and added the powder, then stirred the drink. I watched the martini turn blue." 

Ellen: "I see. What did you do then?" 

R: "Well, we each sipped our drinks and demolished the nachos." 

Ellen: "Where was Robert?" 

R: "He came over to the couch and sat at the other end. The nachos were on the couch between us." 

Ellen: "Would you describe yourself as drunk?" 

R: "Not really. But I was feeling pretty sleepy by then. My head hurt, but I thought that was from the wine I drank earlier." 

Ellen: "Did you fall asleep?" 

R: "I must have." 

Ellen: "What is the next thing you remember?" 

R: "That the sun was shining in my face. That's what woke me up. 

Ellen: "What time was it?" 

R: "Around noon."  

Ellen looks at her notes.  

Ellen: "You said you had sex on the kitchen table."  

R: (shrugging her shoulders) "That's what the note said." 

Ellen raises an eyebrow.  

Ellen: "What note? You didn't say anything about a note in the initial police interview." 

Rae sighs.  

R: "There was a note on the coffee table." 

Ellen: "Handwritten?" 

R: "Typed. I keep, or rather Sean keeps--kept--an electric typewriter on a small table in the sun room." 

Ellen: "Sean is your ex-husband?" 

R: "Soon to be ex, yes. Journalist. On assignment a lot." 

Ellen: "Did you keep the note?" 

R: "No. I threw it away." 

Ellen: "I see. That was not smart. What did the note say?" 

R: "It said: I think I'm done with the sofa. I think I'm done with the hall. I think I'm done with the kitchen table, baby." 

Ellen raises her eyebrows.  

Ellen: "That was supposed to have been a trick question. You remember what the note said?" 

R: "Sure. Opening lines to George Michael's Outside." 

Ellen: "Did you think you had been raped?" 

R: "Not at first. I thought I had had sex but I couldn't be sure." 

Ellen: "You weren't sure you had sex?" 

Rae sighs and brushes a wisp of hair out of her eyes.  

R: "When I woke up in the morning, I was on the couch." 

Ellen: "And that lead you to believe you had sex with Robert?" 

R: "No. Yes. What I mean is that when I woke up, I was wearing one of Sean's old t-shirts, a fresh pair of underwear, and a fresh pair of socks. After I found the note, I thought maybe I did have sex and just did not remember." 

Ellen: "Was this the same outfit you were wearing when Robert arrived?" 

R: "No. I was wearing a grey cashmere suit. And I smelled of lavender soap." 

Ellen: "Lavender soap. You smelled of lavender soap before or after Robert left?" 

R: "The next morning. I keep lavender scented bubble bath in the lower level bathroom." 

Ellen: "So after he left. Is there a bathtub in that bathroom?" 

R: "Yes." 

Ellen: "Was your hair wet or damp?" 

R: "Neither. It was mussed but I figured that was from sleeping on the couch all evening long." 

Ellen: "So it's possible that you had consensual sex?' 

R: "I suppose so. I didn't really think about the evening." 

Ellen: "Until?" 

R: "Until Doctor Howland informed me I was pregnant." 

Ellen: "And then you suddenly remembered that Robert had paid you a visit." 

R: "Well, yes. I didn't really think about his visit until then. It was there, in the back of my mind but I didn't think on it." 

Ellen: "You're a physician. Didn't your missing a few periods tip you off to your pregnancy?" 

R: (squirming in her seat) "I'm a middle aged woman. It's not unusual for a woman in her mid-forties to skip a few periods at the onset of menopause." 

Ellen: "But up until a few months ago, you had regular periods?" 

R: (angrily) "I don't see how that question would be of use to you!" 

Ellen: "It's likely to crop up from the defense. Just answer." 

R: "All right. Yes, I was pretty regular up until a few months ago." 

Ellen: "Now this is important: did you, at any time in the past two months, think you had sex with Robert that night?" 

R: "I couldn't be sure, sure. I had drunk wine, had a martini and because of a headache and feeling woozy, I thought I had fallen asleep on the couch. Then there was the note." 

Ellen: "Let me ask the question another way. When was the first time you were sure that you had sex with Robert?" 

R: "When Doctor Howland informed me of my pregnancy." 

Ellen: "And despite the fact you were having intimate relations with another man not your husband, you just assumed Robert was the father?" 

R: "I hadn't had sex with Sean since my birthday." 

Ellen: (speaking quickly and loudly) "You had a glad hearted birthday f***?" 

R: (shocked) "What?" 

Ellen: "That's a quick question you could expect from the defense lawyer while on the stand. The question would be asked quite loudly, very quickly, and without warning. We would object but the jury would have heard the question. Just answer, please." 

R: (grimacing) "Well, we did have sex on my birthday." 

Ellen: "And how soon after your birthday did Robert come over?" 

R: "Three weeks. But I had a period a few days after my birthday." 

Ellen: "I see. When was the last time you had sex with your lover?" 

R: "Back in Peshawar, about seven months ago." 

Ellen: "So there is no way the baby could have been Sean's or your lover's?" 

R: "No. If you have a period after having sex, that means you are not pregnant. I told you I had sex with Sean before my last period." 

Ellen: "I see. So when Doctor Howland informed you of your sudden pregnancy, you immediately thought of Robert?" 

R: "Well, yes." 

Ellen: "And why is that?" 

R: "Because of the note." 

Ellen: "The lyrics to Outside?" 

R: "Yes. The song is about, how did you put it? Yes." (sarcastically) "A glad hearted f***." 

Ellen: "That type of tone isn't going to get you anywhere on the stand, Rae." 

R: "You were the one who asked the question." 

Ellen: "I am trying to prime you so you know what to expect on the stand. The defense lawyer is going to be tough. It's his or her job to get their client off the hook." 

R: "Robert doesn't exactly have a stellar rep." 

Ellen: "I'll bring that out in the trial." 

R: "He's been having affairs left and right. One of those affairs is with his wife's secretary." 

Ellen raises her eyebrows.  

Ellen: "Really? This is a new fact. I'll look into it. But I'm the one who's asking the questions. Just answer them. Did you at any time during the hours prior to your police interview think you had been date-raped?" 

R: "No. When Doctor Howland informed me of my pregnancy while I lay on the exam table, I just thought I had had sex with Robert and didn't remember it." 

Ellen: "She told you you were pregnant while you were lying on the exam table? Could you elaborate on that?" 

R: (sighs) "Must I?" 

Ellen: "Yes." 

R: "Is it really necessary to state when I was informed of my pregnancy?" 

Ellen: "The defense is going to ask this type of question." 

R: "I was lying on the exam table, in stirrups. Doctor Howland looked up and told me she thought I was pregnant and I'd need to give a urine sample." 

Ellen: "She gave you the information during the pelvic exam?" 

R: "That part is kind of cloudy in my memory. My head hurt. I remember something really cold sliding into me. Next thing I know, I hear the words, "I think it's a pregnancy." And then I heard, urine sample. Then I must have konked out because the next thing I knew, I was in a hospital bed." 

Ellen: "I see. Doctor Howland will be giving testimony as well. I can get the correct information from her." 

R: "Don't forget Brenda." 

Ellen: "Brenda?" 

R: "She was Doctor Howland's ER nurse that day. She was in the room as well." 

Ellen: "And her last name?" 

R: "Adams. She's been fired." 

Ellen: "For being too chatty. I heard about that. Let's focus on your not remembering you had sex with Robert.  

R: "I thought that's what were were doing." 

Ellen: "Exactly when did you begin to think you had been date-raped?" 

R: "When Doctor Howland told me later that evening." 

Ellen: "What did Doctor Howland say?" 

R: "She said she had phoned Doctor Slingerland for advice." 

Ellen: "What type of physician is Doctor Slingerland?" 

R: "An internist." 

Ellen: "Why would she need Doctor Slingerland's advice?" 

R: "She said she had a question about the type of drink I said I had had." 

Ellen: "And Doctor Slingerland is an expert on drinks?" 

R: "He once took a bartending course." 

Ellen: "So he likes to drink?" 

R: "I don't see why you have to drag Doctor Slingerland into this." 

Ellen: "Just answer the question." 

R: "Expert? He knows how to mix drinks, and he knows how to order drinks in the bars." 

Ellen: "But Doctor Howland phoned him for advice." 

R: "Yes. When I told her I had had a drink known as electric blue starlights, she grew concerned. Matt and I work together, so Doctor Howland phoned Doctor Slingerland and asked him if he'd ever heard of electric blue starlights." 

Ellen: "How did he respond?" 

R: "You'll have to ask him. But she said he told her that the something which was added to my martini was rohypnol." 

Ellen: "And how did she come to this conclusion?" 

R: "The manufacturer of rohypnol added a colorant that turns clear drinks bright blue." 

Ellen: "Does beer also turn blue?" 

R: "No. Beer turns green and dark colored drinks turn murky."  

Ellen: "So Doctor Howland knew that your martini had been doctored with rohypnol when you said the martini was a bright blue color?"  

R: "Yes. Well, she knew that fact after Doctor Slingerland informed her of that fact." 

Ellen: "And despite the fact she didn't have a sample of the martini in question, Doctor Howland knew for a fact the additive was definitely rohypnol?" 

R: "Yes." 

Ellen: "Couldn't there be any other additives that turn the drink blue?" 

R: "Not that I know about." 

Ellen: "The defense will probably ask this next question. Back in Edwardian times, the aristocratic class enjoyed things that were novel. To change the color of their champagne, food coloring was often added. Could the additive to your martini have been food coloring?" 

R: "I said the additive was a powder. A white powder." 

Ellen: "Is it possible that a white powder could change a drink's color to blue?" 

R: "I'm not a chemist." 

Ellen: "But you're an oncologist. You had to take chemistry courses, like all physicians." 

R: "I don't know any white powders that would turn a clear drink blue except rohypnol." 

Ellen: "So you thought you'd been date raped only after Doctor Howland said that it was possible rohypnol had been added to your martini." 

R: "She said that rohypnol had been added to my martini and that rohypnol was what had made my martini turn blue. How much longer is this going to go on?" 

Ellen: "I understand your discomfort, but on the stand, the defense lawyer is going to badger you endlessly. Plus he or she, most likely a he, is going to ask these questions rapid fire. You need to be prepared." 

R: (sighs) "Rohypnol is not available in this country. Plus, rohypnol is the most common of the known date-rape drugs." 

Ellen: "Now, in what form is Rohypnol manufactured?" 

R: "Form?" 

Ellen: "Form, as in, is rohypnol a liquid, powder, capsule or tablet?" 

R: "Capsule, I think." 

Ellen: "You think?" 

R: "I mentioned earlier that rohypnol is not manufactured in this country so I am not familiar with the form the drug is manufactured." 

Ellen: "But you're familiar enough with the manufacturer to know that a colorant was added to rohypnol so that it would change the color of an alcoholic drink." 

R: "Yes." 

Ellen: "Why is that?" 

R: "The manufacturer sent out a letter advising that it was changing the formula by adding a colorant. It was to make the drug more detectable when added to drinks." 

Ellen: "And you received a letter about the change in formula?" 

R: "Yes." 

Ellen: "I see. But even as an oncologist, you don't know if rohypnol is a liquid, a capsule, a tablet or in powder form." 

R: "Judging from the powder, it would be either in capsule or tablet form." 

Ellen: "Not liquid?" 

R: "Rohypnol is used as most often as a pre-surgical sedative in European countries." 

Ellen: "You know that fact, but you don't know in what form rohypnol is manufactured." 

R: "I can find out." 

Ellen: "That would be a good idea."  

10:52 am: OR 4 

Letty: "He's been down a half hour." 

Tom: "Do you want to call?" 

Letty looks at each member of the surgical team. They nod. 

Letty: "Yeah. Time of death...10:52 am. Correction: time of death...10:53 am." 

Tom: "That does it, team. Letty, I'll go with you to talk to his family." 

Letty: "Thanks." 

11 am: Harriet and Jules have finished their practice lecture and are answering questions from a few of the residents.  

Male Resident: "Doctor Lanning, is it true that teaching hospitals have all of their OB/GYN residents perform basic pelvic exams on unconcious women when the women are in surgery? The Washington Post ran a story on the practice this past weekend.' 

H: "Yes, Julio. It's true but that technique is something I don't condone. However, in other teaching hospital, involuntary pelvic exams are performed only on OB/GYN surgical patients. This is why I have a live patient practice program." 

Julio: "The article said that it's necessary to perform pelvic exams on unconscious OB/GYN patients because the abdominal muscles are relaxed. Um, wouldn't that technique detract from the physician learning how to feel for ovarian and uterine masses in a patient who is tense during the exam?" 

H: "Julio is correct and he brings up a salient point. When a patient presents with uterine or ovarian masses in the clinic, she is usually going to be anxious about her potential problem, or she may be tense during the exam itself and her abdominal muscles will be tense." 

Lissa: "Tense muscles are particularly true with patients who have been sexually assaulted or sexually abused." 

H: "Correct, Lissa. A pelvic exam is an intensely personal exam and sexually assaulted or abused women may have some phobia about a pelvic exam." 

Lissa smiles at the reinforcement of her deduction.   

Carmen: "On Doctor Slingerland's internist rotation, he instructed us to ask--gently--if a woman has been sexually assaulted or sexually abused. He told us to not only gauge her answer by her reply but to gauge her answer by her body language." 

Harriet smiles. 

H: "And what else did Doctor Slingerland say? He is an excellent internist by the way, Carmen." 

Carmen: "If there's a yes answer, either in body language or verbal response, and she needs a pelvic exam, we should tell the woman that only the necessary area will be exposed by draping each leg to the mid-thigh and using a third sheet to drape over the knees." 

H: "His draping approach is quite acceptable and makes the patients much less anxious." 

Andrew: "But isn't performing pelvic exams on unconcious women during OB or GYN surgery a bit...unethical, especially since the pelvic exams are performed just to gain competency?" 

Carmen speaks before Harriet can answer.  

Carmen: "But in any surgical training session, the resident is practicing to gain competency in the technique." 

Andrew: "However, competency in performing pelvic exams should be mastered prior to learning OB or GYN surgical techniques." 

Jules stands up.  

Jules: "Additionally, having OBGYN residents perform pelvic exams on women during their surgery unnecessarily prolongs the administration of anesthesia." 

H: "And as we all know, anesthesia has its own risks. Prolonging anesthesia unnecessarily puts the woman at risk, even if the prolongment is for teaching purposes." 

Julio: "Like Andrew said, Doctor Lanning, wouldn't it be more reasonable to teach performing a basic pelvic exam prior to the OBGYN resident learning to perform pelvic or obstetric surgery?" 

H: "It would. If a resident doesn't have basic competency in performing pelvic exams and diagnosing the problem prior to performing OB or GYN surgery then the resident should not progress to the surgical suite." 

Lissa: "So the current method of instructing OBGYN residents in practicing pelvic exams on unconscious women during OB or GYN surgery is putting the horse before the rider?" 

H: "Yes. As Andrew put it, gaining competency in the basics of OBGYN techniques before moving onto OBGYN surgical techniques should be required." 

Carmen: "Meaning there is a difference in having residents learn and practice pelvic and obstetric surgical techniques during OB or GYN surgery and having the residents practice performing basic pelvic exams during the same surgery in order to gain competency in performing pelvic exams." 

H: "A long explanation, but yes." 

Carmen: "What about using additional procedures that would save a patient's life or would be beneficial to remediating the medical problem?" 

H: "Then those procedures are medically necessary, but the practicing of performing basic pelvic exams during OB or GYN surgery so the OBGYN residents can gain competency is not acceptable, at least not in this teaching hospital." 

Jules: "There are better ways to teach OB/GYN residents how to peform pelvic exams." 

Lissa: "Such as this program?" 

H: "Yes. It takes the OB/GYN resident performing about a hundred pelvic exams to develop competency." 

Jules: "And having OBGYN residents run through a month long rotation in the OBGYN clinic where they are paired with a practicing OB/GYN specialist teaches competency much better than practicing on unsuspecting, unconscious women." 

H: "With OBGYN clinic rotations, the residents would be shadowing the physician. And as you all also know, physicians see between four to six patients an hour." 

Carmen: "And some HMOs require more patients per hour." 

H: "In the pursuit of more income, yes." 

Andrew: "And out of the six hundred forty to nine hundred sixty OB/GYN patients seen during that month, the resident would gain more than adequate competency performing pelvic exams, even if only a fraction of the patients agreed to the shadowing." 

H: "Very well said. And you also bring up another valid argument in favor of teaching hospitals to stop teaching the performing of basic pelvic exams on OBGYN patients who are under general anesthesia." 

Julio: "So with the clinic rotations, the women would be asked if they minded having a pelvic exam performed by the OBGYN resident while the OBGYN supervises?" 

Jules and Harriet: "Correct." 

From the back of the room, a female resident raises her hand then stands up when Harriet acknowledges her. She projects her voice to the front of the room. Her name badge proclaims her name to be Zachariah.  

Zachariah: "Doctor Lanning, my question is about sexually assaulted women and pelvic exams. What type of reaction could I reasonably expect from an assaulted woman on whom I'm performing a pelvic exam?" 

H: "The reaction varies in those women, but it can range from extreme anxiousness to a psychotic reaction. An adequate draping system like Doctor Slingerland's certainly lessens the anxiety a woman would feel. " 

Harriet smiles.  

H: "I presume that is why Doctor Slingerland brought up the subject of pelvic exams and sexual assault during your rotation under him." 

Zachariah: "Yes. We were discussing the subject and he said that an internist is a diagnostician, a puzzle-solver who must ferret out the why of people's medical problems and then direct the patient to the appropriate department." 

Andrew: "And sometimes, Doctor Slingerland said, the patient is not that forthcoming with information. Especially in the sexual abuse cases." 

Zachariah: "And depression." 

Harriet: "He is correct."  

11:20 am. Rae is sweating now, and her shirt is damp under the armpits. Ellen has been relentless and unforgiving these past hours and Rae is weary already.  

Rae: "I'm tired and I'm pregnant." 

Ellen: "I know. You'll be much more pregnant if this case goes to trial."  

Ellen pauses. She looks at Rae.  

Ellen: "Do you realize how you are going to appear on the stand?" 

R: "I can imagine." 

Ellen: (harshly) "Good. But let me drive the information into your brain. You were a married woman who was having an affair. Your lover moved to America to be closer to you. You then broke up your marriage. You following?" 

R: "Yes." 

Ellen: "On the night in question, you had been drinking wine for several hours when you invited an acquaintance of yours into your home for a drink. You then allowed him to fix you a martini." 

R: "Called an electric blue starlight. 

Ellen: "Right. You watched Robert add a white powder to your drink that turned the martini blue, but you didn't think anything about the color." 

R: (babbling) "I thought the bright blue color was pretty and Robert told me that blue martinis were called electric blue starlights and they are popular down at the Wharf." 

Ellen: "A pretty drink. So you commented to Robert that your martini was a pretty bright blue. Now, after drinking the pretty martini, you had a headache and lay down on the couch." 

Rae: "I ate nachos, too." 

Ellen: "Then you woke up the next morning not remembering anything that happened after drinking the martini but you had woken up in a different set of clothes." 

Ellen pauses to take a sip of water. Rae takes this time to comment on the clothes. 

R: "I was wearing a cashmere suit that Friday evening when I had the martini, but I was wearing only a t-shirt, fresh underwear and a fresh pair of socks when I woke up the next day." 

Ellen: "Right." (she resumes pacing in front of the picture window; outside the sky is blue). "And you said you smelled of lavender soap the next morning but didn't think anything about that." 

R: "I thought I'd taken a bath and didn't remember it." 

Ellen: "Next up, you found a typed note on your coffee table referencing a song about sex, and you thought you had had sex with Robert but you were not sure until Doctor Howland informed you of your pregnancy, two months after the night in question.  

R: "Correction: when I fainted and landed in the hospital. That's what predicated Doctor Howland's exam." 

Ellen: "But even at the hospital, you didn't think you had been date raped by Robert until several hours later that evening when you were informed there was the possiblity of rohypnol having been added to your martini some two months ago." 

R: "One of the symptoms of rohypnol added to an alcoholic drink is a headache." 

Ellen: "Robert can claim you told him you had a headache from all the wine you drank earlier. Now, does that about cover everything?" 

R: (looking down) "Pretty much." 

Ellen: "Do you see how a jury is going to view you?" 

R: "It's a far reaching claim I'm making." 

Ellen: "More like you're pointing the finger at the most expendable man."  

R: "I realize that." 

Ellen: "There are two small things in our favor." 

R: "And what is that?" 

Ellen: "The fact that Robert delayed being interviewed by the police until the fetal dna results were in. And that he knew the fetal dna results." 

R: "How would that help us?" 

Ellen: "He would have had to access your medical records in order to know when the fetal dna results were in and what the results were. Either he directly accessed your medical records, or he had someone else access your medical records." 

R: "I figured that part out already." 

Ellen is pacing quickly back and forth in front of the picture window.  

Ellen: "He's cunning. He came over to your house just after your co-workers left. Do you know what that means?" 

R: "I'm afraid I don't understand your line of thinking." 

Ellen: "Did Robert Winningham ever visit you at home prior to that Friday night?" 

R: "No. I've always interacted with him at the charity events the university has the Presidio staff attend." 

Ellen: "He never came to your house prior to that Friday. But coincidentally, he showed up at your house after you had spent a night casually drinking with your female co-workers." 

R: "I thought he stopped by because I'd seen him earlier in the week." 

Ellen stops pacing. She looks at Rae with surprise. She goes over to the mock witness stand and leans on the balustrade. 

Ellen: "Come again?"  

R: "On Wednesday of that week, Robert was in a treatment room, waiting for Doctor Collette. He was scheduled to have his back hair removed with laser hair removal." 

Ellen raises her eyebrows.  

Ellen: "Go on. This part you didn't tell me." 

R: "You were only asking me about the night in question." 

Ellen: "Tell me about that doctor visit now." 

R: "Well, Jackie, that's Doctor Collette's first name, was just about to go into the treatment room and she called out to me: "Shall I bring a bottle of champagne to our girls night at your house on Friday, Rae?" 

Ellen: "Was the door to the treatment room open?" 

R: "She had just opened it and was half in, half out of the door when she called out to me. I could see Robert in the treatment room. He looked at me." 

Ellen: "And she used your first name?" 

R: "Yes. We're very friendly at Presidio." 

Ellen: "And how did you respond?" 

R: "I said she could if she wanted to but that I had plenty of Chardonnay on hand." 

Ellen: "And you recognized Robert Winningham as the patient?" 

R: "Yes. He even waved at me." 

Ellen: "Now this is the kind of angle we need to get Robert on. And this type of information is why I brought you in today." 

R: "And is this why I'm sweating like a pig?" 

Ellen: "Yes. Now let's cut to the chase. You invited him into your home for a drink, and now he's claiming the sex was consensual. You're pregnant with his baby. Robert deliberately delayed being questioned by the police until such time as your fetal dna test results came in." 

R: "Don't remind me." 

Ellen: "That means he has a story he can stick to." 

R: "What about his knowing the results of the fetal dna test?" 

Ellen: "He can claim he overheard the chatty Brenda Adams revealing the test results." 

R: "And the delay in police questioning?" 

Ellen: "He can claim he was out of town or that his secretary was lax in relaying his phone messages." 

R: "What about his implication in the GHB drug bust?" 

Ellen: "Circumstantial at best if it's allowed as evidence. Unless we get something else on him during the course of that investigation. Even then, it's an iffy admission to the evidence." 

R: "What about the other case? The one the DA's office is going to trial on? Will that information be admitted?" 

Ellen: "If that case goes to trial before yours and there's a conviction, the judge should allow a prior conviction in as evidence. Robert may try to delay his first case until after yours goes to trial." 

R: (spitting) "Bastard! Do you think we'll be able to get a conviction?" 

Ellen: "Rae, the way Robert Winningham set this date rape up, and the way you set up your personal life just prior to your ending your marriage, it's almost impossible to get a conviction for date-rape." 

R: "But you said there two small things in our favor." 

Ellen smiles. 

Ellen: "That was before you told me about seeing Robert a few days before the encounter. Now were have three things in your favor and you have a trial." 

R: "Three?" 

Ellen ticks the items off on her fingers.  

Ellen: "One: he delayed being questioned by the police until the fetal dna test results were in. He always managed to be 'out', even when the police stopped by his residence at 3 am. That's questionable behavior. Two: he knew the fetal dna test results. Granted, it's a one in three chance the baby could be his but then again, for all he knew, you could have been screwing half the town." 

Rae gasps, shocked, but Ellen ignores her.  

Ellen: "Three and most important: Robert overheard you tell Doctor Collette you had plenty of Chardonnay for the girls night at your house that night. That gave him the motivation to pay you a visit for the first time, plus he knew you would have had a few drinks by 11:30 pm. A jury might think he used that information to take advantage of you." 

R: "These three things are going to help my case?" 

Ellen stops pacing and looks at Rae sympathetically. 

Ellen: "They're the only things that are going to help your case." 

R: (wiping sweat of her forehead) "So we're reduced to a wing and a prayer?" 

Ellen: "That's about it."  

12:10 pm. Letty and Tom have just finished up the paperwork on their quadruple bypass patient. They are standing at Norman’s desk where Letty is frowning over cancelled patients.

While on the phone, Norman is writing on a piece of paper.

T: “After lunch, I’m off on a two day.”

Letty: “Must be nice.”

Tom: “It will be…later on.”

He kisses Letty and then leaves.

Just then, Amanda Sotheby walks in the doors of Presidio. She is carrying a sealed manila envelope.

Amanda: “Hello! I’m looking for Doctor Brennan.”

Hanging up the phone, Norman looks up.

Norman: “She’s out for a good part of the day. Hey, saw the interview last night.”

Amanda: “Ah. Which one?”

Norman: “The shooting.”

Amanda: “She’s doing all right?”

Norman smiles.

Letty: “All right is all right to say, but no more than that because of the new HIPPA rules. She’ll live.”

Amanda: “We received an update on those rules. No longer are we dedicated journalists allowed to obtain information on the medical conditions of patients.”

Letty: “Sorry to put a lid on scoops.”

Amanda: “It’s better this way. Hey, could you give her this? Say wasn’t your husband the surgeon who operated?”

Letty: “That would be my spouse, yes. You missed him by that much.”

Letty holds up her forefinger and thumb just a fraction of an inch apart.

Amanda: “Damn. Would he be available later on for a few questions on an update on the university shooting victim?”

Letty: “I think he can arrange that.”

Amanda: “Phone interview, plus I’ll send someone around for a photo?”

Norman: (smiling) “The photographer will never be able leave. Tom loves the camera.”

Amanda: “I just stopped by to give Doctors Brennan and Keating this. Could you make sure they get this?”

Amanda holds the manila envelope up.

Norman: “Sure.”

Amanda hands the manila envelope to Norman.

Letty: “What’s in it?”

Amanda: “Her and Doctor Keating’s copies of their interview yesterday.”

Norman: “I think Doctor Keating is over in the ER.”

Amanda: “No time. Just dashed in here to give Doctor Brennan her copy.”

Letty: “She’s been a bit miffed she didn’t get more coverage with the Winery Baby.”

Amanda: “The mother is going on all the talk shows this week. Good Morning America managed to snag an interview for tomorrow.”

Letty: “Excellent. We’ll tape copies.”

A pager beeps. It’s Amanda’s.

Amanda: “Gotta run. Thanks for everything!”

Letty: “Know the feeling.”

Amanda: “Thanks!”

Letty and Norman: “Not a problem.”

Amanda waves goodbye then exits through the doors of Presidio.

12:30: Poseidon's Song. Nick is lunching on a peanut butter sandwich and the rest of the fruit. when he has an aha moment. Going into the hold, he finds his weekender bag and rummges around for his cellphone. 

Dialing a number he waits.  

"Matt Slingerland." 

Nick: "It's Nick. You holding up all right?" 

M: "Best as can be." 

Nick: "I've been thinking about the university hosting a summer camp for special needs kids." 

M: "Now that is an excellent idea for a summer project. Any ideas?" 

Nick: "Let's put them into a hat and see what we get." 

Matt: "Excellent idea. You free for dinner tonight at Vincent's?" 

Nick: "Yeah." 

Matt: "7 all right for you?" 

Nick: "Yep. See you then." 

Matt: "All right. Bye." 

Matt hangs up and Nick clicks End, then clambers up out of the hold. Upon reaching his lunch, he sees that his seagull friend with his beak in the peanut butter sandwich.  

Thinking back to his last time on a boat, where he talked with Rae while floating on the Aegean, he remembered that a seagull snitched the baklava his mother made for him.  

He addresses the seagull. 

Nick: "I've had a lot of trouble with seagulls this past year. Perhaps you're related to the gull who snitched my baklava last year?" 

The gull pays no attention to Nick but continues to peck at the peanut butter sandwich. Nick goes back below to find something else to eat.  

12:33. The ER. In a curtained off area, a middle aged woman in an exam gown is lying on a gurney. A dress, shoes, and lingerie are lying at the foot of the gurney.  

On the other side of the curtain, Alesso Evangelista is lying on a gurney, an oxygen mask on his face. With a worried look on his face, Leopolodo Evangelista is standing near the curtain.  

Doctor Howland is saying to a group of residents, two male and one female, on rotation: 

Terry: "...and he's in respiratory distress with a sudden high fever. His father removed a tick from behind his ear. What would be your diagnosis?" 

Male Resident: "Flu?" 

Terry: "That was the original diagnosis. But since he's here in respiratory distress and a rash, the flu can't be the diagnosis. Anyone else?" 

Second Male Resident: "Rocky Mountain Spotted Fever?" 

Terry: "That's possible but the symptoms for that begin five to ten days after a tick bite. The tick was not behind Alessio's ear two days ago, but yesterday it was behind his ear." 

First Male Resident: "And there is no telltale sign of the pink rash on his wrists, forearms or ankles." 

Terry: "The rash doesn't show up until about a week after the first symptoms, and the rash only occurs in about 35 to 60 percent of patients." 

Female Resident: "Ah! I know! SARS!" 

On the other side of the curtain, the middle aged woman looks stricken to hear the word SARS. Looking around and seeing no doctor in sight, she gets up off the gurney, strips off the exam gown and hurriedly slips the dress over her head, forgetting, in her haste, to put on her shoes, underwear and bra, which fall to the floor, forgotten. 

Peeking around the curtain, she sees the coast is clear and she hurries down the hallway and outside of the ER.  

Terry is saying: 

"SARS is a possibility. But regular pneumonia is more a possibility. Still even more possible is an illness from that tick bite. He and his father were camping outside these last few weeks in the midwest." 

Leopolodo: "Plus we took a private plane both to and from Topeka. We drove it between campsites." 

Terry: "So SARS is not really a diagnosis." 

Male Resident: "So we'll do the labs to make the diagnosis?" 

Terry: "Right. Now all of you know that Doctor Slingerland is the WHO liasion, don't you?" 

The residents nod as Terry wags a finger at the female resident.  

Terry: "Don't go around spreading rumors that there's a suspected case of SARS here in San Francisco or even here at UMC when we don't know the results of the lab work. Doctor Slingerland will have your residencies." 

The residents nod in agreement.  

1 pm: Letty and Tom are having a late lunch outside when Jackie walks up.  

Jackie: "Heard I caused the brownout." 

Letty: "That was you?" 

Jackie: "Yep. The laser gun burned out for some reason." 

Tom: "Those underarm patients of yours might have been the culprit." 

Letty: "Actually, it was a power surge to that circuit. Burned out the entire wing." 

Tom: "That's nice to know. Now Jackie's underarm patients can be happy again." 

Jackie: "I wish I'd never begun that program." 

Letty: "Look at it this way: you're contributing to less hair down the drain 'coz those folks don't have to shave their armpits." 

Tom laughs as Jackie makes a disgusted face. 

4:30 pm: Nick has just stepped off Poseidon's Song with his weekender bag. He pauses a moment on the small dock, looking at the ketch with fondness. A gull floats down and lands on the deck of the ketch and begins poking around for crumbs. 

Nick smiles at the gull.  

"Followed me here, did you? Sorry. I docked earlier and took out all the trash. No crumbs left. You might ask the cleaners for food when they arrive. "  

He smiles at the gull. The owner of Poseidon's Song has a cleaning crew who will come in an clean the boat, but fastidious Nick has already cleaned up after himself. 

The gull caws and bobs his head at Nick. Nick walks towards the Marina Club, intent on having a Jack and Diet.  

Thinking about something, Nick takes out his cell phone and dials.

Simultaneously at Rae's house, she is asleep on the couch, and doesn't hear the answering machine pick up the phone.   

"Rae? It's Nick. Just docked and phoning to say hello. I'm off with Matt tonight for dinner. See you around the office tomorrow. Night."

Nick slicks the end button and slips the phone back into his pocket. Slinging his weekender bag onto his shoulder, he walks into the Marina Club. At one of the front tables, a tall redhead smiles at him; Nick merely smiles back and heads towards the bar.