Thu, 21 Nov 2002 22:36:32 -0700

Dear Friends,

We rested our case this afternoon after the testimony of Dr. Perry Fine.

The inimitable Dr. Sharon Weinstein was wonderful this morning in dealing with state lawyer Charlene Barlow on her cross-examination. No attempted line of questioning by Barlow fazed her - her answers only clarified, strenghthened, bolstered our basic argument. Poor lawyer Barlow, foiled again.

Dr. Fine was priceless. He got up at 4 this morning to take an early flight back from San Diego. (The case has been going so well that we have been cutting witnesses, and his testimony got moved up.) On direct he was eloquent, knowledgeable, the consummate expert. He really got going on cross, though. Barlow continually led with her chin, asking questions that allowed Dr. Fine to expose the state's misguided and intellectually dishonest case for what it has been all along - unadulterated dung. During the cross we initially were looking through charts for the information that would parry Barlow's petty and inconsequential jabs, but halfway through I wrote a note to Mr. Bugden saying, "I think maybe 'no further questions of this witness' would be the only thing to say." He agreed, and at the close of Barlow's cross-examination, he said, "The defense rests."

It became very clear during the cross what had happened when Brad Hare recommended Dr. Fine, almost three years ago, right before the first trial. Fine detailed all of the medical records that the state had not been provided him on the first go-round. Once again we see the state attempting to cherry-pick only disjointed parts of the record, to convince medical professionals that some nefarious activity occurred at Davis Hospital. Evidently Hare was taken in by this ploy, way back when, and now finds himself unable to admit his mistakes. He also appears to (still) never have taken the time to fully familiarize himself with the medical records; his ignorance of key data is apparent almost every time he opines on the subject. It is indeed sad when a so-called medical scientist is so lazy and intellectually dishonest.

The jury continued to roll their eyes at the efforts of the state lawyers today. I'm told one should never trust the overt behavior of jurors until the verdict is read, but I can't help but be hopeful.

At the end of our case head state lawyer Melvin Wilson claimed that the state had two rebuttal witnesses, Betsy "Old People Don't Feel Pain" Bowman, and Dr. Hare, but that neither would be available that day. The judge was very stern at first, saying, "get them here, now." We were all ready to show clips of Bowman's performance on CBS "60 Minutes", but the state then decided to not call her, after all. We will be subjected once again to Hare in the a.m. After that there will be closing arguments, then the jury will retire for it's deliberation. This thing may be over by Friday night.

We have been saving one of the two cases of champagne bought in 2000, for a celebration. Locals should stay tuned for the time and site of the anticipated celebration.

Thank you, all, for your support and good wishes. Many have written lately; I'm sorry I haven't been able to reply to all of your letters. As it is I'll be up late finishing exhibits for closing.

If you can, try and come to Farmington tomorrow for the last day. It promises to be a good show. I know my interest level is high...

Yours,

Robert