10th Floor, Manhattan District Attorney's Office

One Hogan Place, New York

Monday 17 September 2007

Connie Rubirosa was a tall woman with legs to match, but even she had to trot to keep up with Jack McCoy when he was in a hurry. "And Jenkins will plead out to —"

"Tell Mike," McCoy said. "That's his call, now."

"Okay, well, I've got a meeting with Shelly Kates about —"

"Tell Mike about that too," McCoy said. He reached the elevator and thumped the call button. "He's E.A.D.A now, and you going behind his back to get directions from me isn't going to help him get used to it." The elevator arrived and he stepped in. "And I need you to help him, Connie. You know how much rests on his shoulders now."

Connie nodded. "Yes. Okay. Sorry." The doors started to close. "So I won't tell you that Lieutenant Van Buren wants me to apply for a guardian ad litem order for a lobotomized Jane Doe in Mercy Hospital —"

The doors stopped, and opened again to show McCoy with his finger on the hold button. "Lobotomized?"

"According to the attending doctor. She's not competent to consent to a waiver of medical —"

"Do it," McCoy said. "And get me a copy of the case file."

Supreme Court Civil Term

100 Centre Street, New York

Tuesday 18 September 2007

"The injuries were reported to the police pursuant to Section 265.25," Connie said. "They caused the patient, Jane Doe, severe brain injuries which render her incapable of comprehending the concept of a waiver of privilege, nor of communicating a decision to do so. The police are making every effort to identify her and locate her next of kin, but in the meantime, the investigation into who inflicted these injuries must be able to continue." She paused. "Judge Ross, the District Attorney's Office takes no position on Ms Doe's medical care nor intends to offer any opinion regarding such care. We will be guided entirely by the recommendations of her treating physicians. Our only interest is in the speedy and thorough investigation of the crime against her."

Jamie Ross nodded. "Thank you, Ms Rubirosa. Ms Sheets, I understand you've been assigned to represent Ms Doe's interests at this hearing?"

Jessica Sheets rose to her feet. "Your honor, yes. I have no opposition to Ms Rubirosa's application, with the stipulation on medical care attached."

"I can't attach such a stipulation," Jamie said. "And you know it, Ms Sheets. Guardianship is guardianship."

"In this case, I'm prepared to take Ms Rubirosa's word," Jessica said.

"Your honor," Connie said. "I'm happy to give that word. Or you could appoint Ms Sheets as guardian. I'm confident that she will act in the best interests of Ms Doe, which include allowing the police and the Office of the Medical Examiner access to her medical records."

"Done," Jamie said. She brought her gavel down. "Order granted. Keep me posted, Ms Sheets. I'd like to know when her family is located. And you, Ms Rubirosa. I'd like to know when you catch whoever did this."

Connie nodded, and gathered her papers together. She stepped back past the bar to see Jessica Sheets holding out an U.S.B. stick.

"Thought I'd save time and come prepared," Jessica said.

Connie took it. "Thanks. The hospital just handed them over to you?"

Jessica shrugged. "I crossed my heart that I wouldn't look at them. I've been doing a lot of work with Mercy recently, representing the legal interests of their indigent and incompetent patients. They know how seriously I take privilege."

Connie raised her eyebrows. "The 18-B Counsel Pool leaves you time for that?"

Jessica looked away, busy slinging her attache case over her shoulder. "I'm off 18-B for a while," she said. "And medical ethics is interesting. Tell your M.E. that if there's anything else she needs, tests or whatever, so long as it doesn't harm Jane Doe, I'll sign off on it." She opened the courtroom door and held it for Connie to go through. "I can't think of anything more in Ms Doe's interest than catching the bastard who did this to her."