The first hearing went well. The judge was Laura Jean Middaugh. I’m not exactly sure what was its purpose, because I’m not a lawyer. I guess it was just to have me appear.
The good news for me was that Judge Middaugh did not seem pleased with Cheryl Comer, Multicare/Dr. Sargent’s attorney. She said something to the affect that this had better be good because, as it was, apparently to her things weren’t looking so hot.
Evidently, unlike Cheryl Comer and her employer the William Kastner law firm, Judge Middaugh had heard of HIPAA and cared about patient’s rights. That did not deter Ms. Comer, though, so things went forward. Ms. Comer was just doing her job, right?
In hindsight I wish I’d have thought to provide a motion to dismiss right then and there. Because by the time I did the matter had been given over to Judge Leroy McCullough who was far more accommodating with Multicare and Cheryl Comer than was Judge Middaugh.
Also, about McCullough, it seemed to me he’s a player of politics from the bench, using people as pawns versus actually administering justice. Yes, I do have an ax to grind.
As it went, I didn’t know there were certain procedures that if the judge and the clerk cannot check their little procedures check boxes on so if something is outside those boxes they can pretend to be blind and deaf to that.
How I realized is because for the second hearing I requested to subpoena Dr. Sargent, Jr., Multicare Medical Director Fritz, and Dr. Minehan (my OB/GYN.) To my surprise the judge approved them. To me that meant he was going to listen. I was mistaken.
At the hearing I was seeing Dr. Sargent, Jr. for the first time since the parking lot debacle. That made me very nervous, so I was trying to be calm. Yet, the judge left all of us setting there waiting in the courtroom for over an hour. The judge did that on purpose. When he entered the room he kind of laughed and said his copier was not working right and that it had been printing out the case papers on everyone’s printer but his own. Hah! Hah! right?
All in all I think the waste of time did help me relax.
As it unfolded, that second hearing was for Cheryl Comer to present Multicare’s case against me. She complained and feigned confusion over why I would subpoena the doctors during her portion of the case. The judge kind of poo pooed her, as if to ask, “Does it really matter?” It didn’t fit the check box, anyway, so who cared, right? So she presented her case and for nothing I put the witnesses on the stand.
I recall, rather hurt, asking Dr. Minehan if he was afraid of me, the way Dr. Sargent was presenting everyone was. Remember, Dr. Minehan was the OB/GYN who was unhappy when he was forced to make me go with security while I was with him for my pelvic exam. I don’t know why, but I was relieved when Dr. Minehan said, no, that he was not at all afraid of me. And, again, he seemed rather unhappy. Then I asked Dr. Fritz some stupid things, maybe if he was afraid of me too, then I let him go.
When Dr. Sargent got on the witness stand I was ready to drill him to the wall, and I did. I had with me the deposition I’d found on the internet of the woman trapped by his psychiatrist father who was obviously experimenting on her with mind drugs. As he took the deposition to see what it was Dr Sargent started groaning, almost comically if not for the seriousness of the matter. He said that is how he learned. I should have asked, “Learned what?” But I think it was obvious what he’d been taught by his father.
The document contained terrible and inflammatory responses of his father’s and of his father’s crony network against the poor woman trying to defend herself from them. And they were not unlike what was being spread around town about me, too, by the doctor’s group.
Then I showed him pictures with aerial photos, too, of the parking lot where I was supposed to have blocked him from leaving. And I asked him to confirm all of those pictures were accurate of the lot, which he did. And while he was looking at it all I asked him if there was any way I could have blocked him in that night? To which, with the proof being right there in his hands, he had to say no.
The reason the latter was important was because they had gotten their temporary restraining order based upon their (Dr. Sargent and medical assistant Christine Monroe’s) stating I’d blocked him in from leaving.
All in all, with only about half my wits, on the witness stand the doctor was made to look pretty bad. As the prosecution’s hearing closed, I think it was Cheryl Comer who asked if the witnesses needed to come back for the third hearing. Which would be when I presented my side. To which McCullough said no.
At that moment I realized his allowing my subpoena had nothing to do with his desire to see the truth, and he only wanted the doctors to know he was in charge of them. He knew when he allowed the witnessing their testimony would not even be used because it was not being presented by me for my defense. Not that he had any obligation to me. But I used to think they had an obligation to guide justice. Now I know better. Did I mention I’ve had an ax to grind?
I don’t recall if it was at the end of the second hearing or at the end of the third that I’d filed all the 35+ exhibits for record that included the doctor’s father’s deposition between his own patient (one that my doctor said showed how he’d been taught by his father), the list from my pharmacy of the drugs my doctor had been dumping into me, also I included from St. Joseph’s copies the paperwork about the Ambien and my stay in the psych ward, and I included the parking lot photos of which the doctor had testified over.
Madly, as I remember, between the second and third hearings I was researching, typing and filing, back and forth I went. I believe at some point I’d submitted motions that were ignored, primarily motions to dismiss. As I learned more I’d update the papers I was filing.
When I figured out the law Cheryl Comer was using did not even apply, I wrote a deposition saying so. More to the point, the law she was trying to use did not even apply because it was for preventing people from blocking a patient or staff from entering or exiting the doors of an abortion clinic. Also I think it was in that deposition where I said Comer had not even proven her case, and that the accusations had been refuted through testimony and evidence proving her charges were impossible. I believe, again, I submitted a request to dismiss.
I remember at the beginning of my defense the judge asked Comer if she’d read my deposition. To which she answered yes. I could tell the judge was just letting her know she had not done her job, and that I’d done better work than she had. He was letting her know he’d have to take care of it for her. Professional courtesy of the BAR, and all. He didn’t seem happy about it, but he wasn’t going to let that stop him.
I remember when I was handing in those exhibits for numbering by the clerk the judge was running out of patience, and I was enjoying it. I would call out what each document was. Then I would set a copy in front of Cheryl Comer and take one to the clerk for numbering. And with each one Cheryl Comer seemed to be sinking into her seat. After presenting my side, we got to the end.
My elderly Mom was with me at the last hearing, so she set to my right. Judge McCullough set his gaze on her. Leaning in and smiling at my Mom, he began asking questions about her possible presence during December (which would have been the parking lot matter he was referring to.) I think he even mentioned my hysterectomy. I was taken off guard by what seemed to be his concern. I suppose he was wondering if my Mom might have been there with me that night, and if she was that could turn to bite him in the butt.
Once he was satisfied he’d charmed from her what he needed, he turned to me with an entirely different demeanor. The change in him from pretending kindness towards my Mom to suddenly being nasty took me aback. Of course, that was his plan all along.
He stated to me, not as a question, “You blocked the doctor from leaving, didn’t you?” To which I said, no.
He furrowed his brows, shifted his body, and more aggressively stated it again. “You blocked the doctor from leaving, didn’t you?” Again, I said no.
I started becoming afraid. He was frightening me. Of course, that is what he’d planned all along.
When again he insisted, made trembling I acquiesced.
I saw he was thrilled having succeeded over me. It was as if he had showed this little pip squeak what was what. Case closed. He won.
It had nothing to do with honesty or the truth. It has nothing to do with the laws, patient’s rights, of good ethics, either. But that was that. Sign this, sign that, now get out of here you loser.
From that point forward I was the loser.
And from that point forward the doctor and his family, especially his father and his cronies, were not going to let me forget it either.
I am sure they wanted to buy time, to keep me beaten down, at least until they thought the statutes ran out for me to sue them.
Ultimately I did report the judge to the judicial oversight committee, only to learn those people are political placements by the very judges they are supposed to be overseeing. Learning that, of course, was very disheartening.
When people who don’t follow their own lessons, the same doctors who do not follow the rules, and who instead choose to disrespect and ignore the legal boundaries set in place to protect patients from just this type of attack, then those so called professionals preach to teach a patient a lesson, this is what happens when the patient lives to tell. It is not going to be pretty. This is because my own personality or character flaws were never in question, never should have been made put into question. But the doctor’s, and his families, and probably even the doctor’s medical assistant’s integrity is and should be questioned. And this is only happening because I’ve managed to live.
The stigma of being found publicly courts a stalker has got to be one of the most horrible things to do to someone’s reputation. Especially in a smaller town like I lived in. They knew what they were doing, and what they did was intended to cause me the most harm. If this was not true they would have filed a case closed from the public. They weren’t satisfied with just humiliating me. What they did was wage an all out war against me, that continued for years, probably still is continuing except I choose to ignore them. But it has been a war they intended would end with my suicide, or someone’s strange killing me, or at least my disappearance into oblivion. And because I’m standing they still seem to be trying me by their own self righteousness. That isn’t going to happen.