For the People Chapter 29

Rick bounces on the balls of his feet. "You mean you get the rest of the day off from court and maybe more?"

"It's Friday, Babe," Kate reminds him. "The city will have the weekend to work on the water. Judge Willis will probably gavel us in Monday morning."

"Still, we have some unexpected time together. We should take advantage of it. What do you want to do? Pre-holiday cookie bake? Sci-Fi marathon? Or better still, how about marathon snuggling – or whatever pops up?"

Amusement flickers in Kate's eyes. "I believe that something is already popping up. Actually, I'm thinking that Kudrow will probably use the time to cram on mental illnesses connected with religious fanaticism. Convincing the jury that in Duffy's mind, he believed he was doing God's work is Kudrow's only shot at keeping his client from ending up behind bars for the rest of his life. He may even use his extra time to huddle with the psychiatrist who's testifying for him. I need to be ready to challenge that argument. I was thinking of talking to the shrink who's helped me. But he's out of town. So I thought I'd hit the web and see what I can find."

"Or how about talking to another shrink?"

"You know one?"

"Of one. I've spent my life hanging around actors and writers. Our neuroses alone could build new wings on half the psychiatric facilities in the country. And one look at Buzz Feed would tell you that the creative community often has deeper problems than that. There's a woman that the big shots on Broadway call out in an emergency when a brilliant but mentally fragile star is having a meltdown. During your last year in law school, she was called for one of Mother's co-stars. While you were buried in your books, I happened to be backstage providing moral support. Apparently, said shrink figured out what was going on pretty fast. The understudy had to step in for a short run, but the star returned to the show in full glory and to rousing applause."

"So, do you think you could get a hold of this miracle worker?"

"I can try. I'm pretty sure Mother got her number."


Kate ushers Dr. Michelle LaClose to a seat on the couch while Rick offers a mug of his special brew. "Dr. LaClose," Kate begins.

LaClose shakes her head. "Call me Mickey, it's faster."

Kate nods. "OK, Mickey, can you tell me what types of mental disorders would cause a person to become hyper-religious and act in a way counter to the law?"

Mickey takes a sip from her mug. "I take it you're referring to Linwood Pernell Duffy."

"I am."

"I can't diagnose a person I've never examined. Unless someone is actively at risk, it's unethical," Mickey explains. "However, I can provide you with general information. Hyper-religiosity can occur with manic states. For example, a person with bipolar disorder might behave in that manner during a manic phase. Schizophrenics may also experience hallucinations that they take as messages from God and act accordingly."

"Mickey, how capable would a person in the grip of such an episode be? Could he carry out a complicated task?"

Mickey sighs. "Kate, if you're asking me if Mr. Duffy would have been capable of setting fire to the Woman's Health Clinic in an efficient manner while suffering from the effects of a mental illness, I can't give you a definitive answer. Neither could anyone else. Each case is different. Patients experiencing mania and schizophrenics often exhibit extremely disordered behavior but can also be brilliant. However, their actions usually seem quite bizarre."

"So something like a confession to the police might sound less than lucid, even to a layperson?"

"Quite likely. A mental illness is an illness because it keeps a person from functioning in ways that are healthy for themselves and possibly others. If they are fully functional in their own self-interest, the diagnosis might be open to question."

"Mickey," Rick asks, "would a person in the grip of a manic episode or hallucinations of some sort plan ahead?"

Mickey raises an eyebrow. "I'm not sure I take your meaning, Rick."

"Just for a wild example, would they order a chemical days ahead so they could use it to set a fire while gripped by religious fervor? Or would they put a detonator together from a long discontinued kit in anticipation of such an event?"

"Perhaps, if they heard a voice ordering them to do so, depending on how long the episode persisted."

Kate picks up the thread. "But if that were the case, would their other behavior at the time also appear abnormal?"

"If they were having an episode, they'd be having an episode. The symptoms should be somewhat consistent throughout. However," Mickey adds, "as I said, every case is different. Without a chance to observe the patient over time, I couldn't say with any level of surety. If you were looking for something more definitive than that, I'm sorry I couldn't be more helpful."

A smile lights Kate's eyes. "Mickey, you've been more helpful than you know."

Mickey returns Kate's smile. "In that case, tell me how you make this coffee. It's incredible."

Rick grins. "I will take you through every step."

"OK, give!" Rick demands after he and Kate send Mickey off with a large traveling mug of his best brewing efforts. "Why were you happy with what Mickey gave you? She said she couldn't be sure of anything without observing the patient over time."

"She also made it just as clear that no other ethical professional could either. Not guilty by reason of mental illness or defect is an affirmative defense. It's not a matter of reasonable doubt. Kudrow actually has to prove it. Judge Willis will instruct the jury of that. If Kudrow's shrink wasn't observing Duffy throughout the whole lead-up to the arson, ordering the carbon disulfide, putting together the detonator, the demonstration, the confession, there's no way she could say for sure a disordered brain made him do it. And commands from God aren't admissible. I can't cross-examine God."

Rick's brows dance. "I wish you could. There's a lot of stuff I'd like to know."

"Yeah, me too. But the thing is, Babe, normally I'd have to prove a case with the defense trying its best to poke holes in it. But Duffy is different. He admitted that he set the fire and killed Fiona. Kudrow has to prove Duffy did it because he's legally insane. I'm the one who only has to show reasonable doubt. And Duffy's behavior has reasonable doubt written all over it. I just have to make sure that the jury knows it."

Rick pulls Kate in for a kiss. "You will. I know you will. Now, it seems that another celebration is in order. More hot chocolate?"

Kate fingers Rick's firm behind. "I seem to recall something about cookie baking and snuggling marathons. And we do have all weekend, maybe more."

"Yes, we do. Indeed we do."

At six am Monday morning, a text dings its presence on Kate's phone. Reluctantly poking one arm out from beneath the warmth of the bedclothes, she grabs at her cell from the nightstand and squints at the message.

Rick yawns. "What's up?"

"The water's back on in the courthouse. Court will begin at nine."

"Which still gives you some time to sleep – or get in a good cuddle."

Kate settles into his arms. "Or a little of both."