Second Degree (Benjamin Davis Book Series 2) Read online

  AMAZON REVIEWS OF

  FIRST DO NO HARM

  BY A. TURK

  This was one of my top picks. I was spellbound and couldn’t put it down. First Do No Harm was Grishamesque. Loved it.

  Kept me up reading ’til four in the morning. It speeds along and the suspense keeps building. This book totally helped me understand on emotional and technical levels the realities of being a lawyer. The characters are complex and intriguing, the story more so. As a plus, I got a small thrill every time I recognized a Middle Tennessee locale that was mentioned.

  I am not an attorney but Mr. Turk was able to make the law and the procedures of the law understandable and very interesting. The characters in the novel were well represented. Mr. Turk was able to define the relative differences among the adversarial attorneys, who was professionally upright and others being dishonest and indifferent. I felt the emotional distraught of the plaintiff attorneys and those they represented. I look forward to the next book in the Davis series by Mr. Turk.

  I was with Davis every step of the way! And I was in that courtroom with bated breath waiting for the verdicts. What an excellent read.

  I can’t wait for the next books in this series. I have dealt with some lawyers like the ones in this story.

  This was one of those books that tend to be hard to put down. It centers on a young lawyer that takes on a malpractice case in a small town. I would like to read more by this author. I highly recommend this book to anyone.

  First Do No Harm was a great read. I love a book with numerous plots and this one delivers. The story and characters were very believable. I look forward to reading more in the Benjamin Davis Book Series.

  This book grabbed hold and didn’t let go until the very end. I was driven to see how it ended and then disappointed that it was over. I can’t wait for this author’s next book. Hard to believe it was a first book. Seemed to be written by a seasoned author. Move over, John Grisham!

  Couldn’t put this down. I felt as if I was reading a true life documentary. The writing just flowed. Everything felt so real. Anyone who likes legal fiction has to read this. Can’t wait for the next book to come out.

  As cliché as it sounds I couldn’t put it down. All those courtroom dramas on TV wrap things up nicely in an hour or two and the average Joe has no idea how much time and research go into a lawsuit. This should convince everyone to settle quickly out of court.

  What an enjoyable book! I found myself making comparisons to parts of “The Lincoln lawyer.” Held my complete attention for the entire book.

  A superb book from beginning to end! It was one you couldn’t wait to see how it ends, but you don’t want it to end!

  Great first book; couldn’t put it down for long. Can’t wait to read his second book and hope he is working on a third!

  Second

  Degree

  A Benjamin Davis Novel

  A. Turk

  Copyright © 2014 by Alan Turk

  All rights reserved. No portion of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means—electronic, mechanical, photocopy, recording, scanning, or other—except for brief quotations in critical reviews or articles, without the prior written permission of the publisher.

  Second Degree is the second novel in the Benjamin Davis Series by author A. Turk. The story is a work of fiction, based upon and inspired by actual cases prepared and tried by Alan Turk, a prominent Nashville attorney. For the purposes of dramatic effect and to protect those involved in the underlying cases, the names of the parties have been changed, as have certain incidents, characters, and timelines. Certain characters may be composites, while others are entirely fictitious.

  ISBN: 978-0-9892663-3-8 (paperback)

  978-0-9892663-4-5 (ebook)

  Cover design by Dan Swanson • van-garde.com

  Book design by Darlene Swanson * van-garde.com

  CAST OF MAIN

  CHARACTERS

  Davis Family and Team

  Benjamin “Ben” Abraham Davis—protagonist

  Sammie Annabelle Davis—niece of Davis, paralegal/attorney

  Liza Davis—wife of Davis

  Caroline Davis—daughter of Davis

  Jacob ”Jake” Davis—son of Davis

  Morty Steine—legal and ethical mentor of Davis

  Bella Rosario—longtime secretary of Steine and Davis

  Dr. John Caldwell—Davis’s father-in-law and Steine’s cardiologist

  Nichols Family and Team

  Dr. Peter Nichols—cosmetic dentist, employer of Charlie Garcia

  Lillian Nichols, deceased—mother of Peter Nichols

  Peter Nichols Sr., deceased—father of Peter Nichols

  Helen Nichols—wife of Peter Nichols

  Albert Nichols—demented brother of Peter Nichols

  Donna Burns—office manager of Nichols & Garcia, PC

  Dr. Anita Dowdle—replacement physician for Dr. Charlie Garcia

  Rocky McCormick—head hunter who found Dr. Charlie Garcia

  Eden Family

  Robyn Eden—victim, girlfriend of Charlie Garcia

  Senator Valerie Daniels—sister of Robyn Eden

  Garcia Family

  Charles “Charlie” Juan Batista Garcia—antagonist, defendant

  Señor Eduardo “Eddie” Miguel Garcia—father of Charlie Garcia

  Maria “Kiki” Christina Batista Garcia—mother of Charlie Garcia

  Attorneys and Judge in Civil Cases

  Amy Pierce—attorney for Charlie Garcia in criminal case and before Medical Licensing Board

  David Barton Harrelson—Garcia family attorney

  Larry Pinsly—representative of Tennessee Mutual Insurance Co.

  Lester Paul—attorney for Charlie Garcia in the Perkins and Howard cases

  Robert “Bob” Sullivan—attorney for Nichols & Garcia in the Perkins and Howard cases

  Jackson “Jack” Willis—attorney for plaintiffs in the Perkins and Howard cases

  Karl Maddox—attorney for McCormick & Associates in the Perkins and Howard cases

  Assistant District Attorney Jill Hoskins—Hewes County DA

  Judge William “Billy” White—judge in the Circuit Court of Davidson County in the Perkins and Howard cases

  Hewes City Police, Sheriff’s Office, and Paramedics

  EMT Louis Mackey—older paramedic who responds to 911 call

  EMT Willie Whatley—younger paramedic

  Officer Bobby Pew—senior officer responding to 911 call

  Officer Donald Dawson—officer who remained at apartment

  Chief Detective Kristin Haber—in charge of Garcia criminal investigation

  Sheriff Buford Dudley—Sheriff of Hewes County

  Patients of Dr. Garcia

  Denise Alder—ex-wife of Dr. Frank Alder

  Anna Perkins—sex partner of Charlie Garcia, plaintiff

  Christy Howard—sex partner of Charlie Garcia, plaintiff

  Jefferson County, Kentucky

  Judge Corey Olsen—Jefferson County Criminal Court

  District Attorney Peter Taylor—prosecuted Charlie Garcia

  Alan Baxter—Charlie Garcia’s probation officer

  Medical Licensing Board

  Judge Thomas Booth—administrative law judge

  Randi Hecht—administrative prosecutor

  Dr. Frank Alder—Medical Licensing Board panel member

  Judge and Witnesses in Garcia Criminal Trial

  Judge Joseph “Joe” Tanner—judge of the Criminal Court of Hewes County

  Dr. Randolph Mann—emergency room physician

  Dr. Robert Townsend—treating psychiatrist of
Charlie Garcia

  Dr. Thomas Barnard—treating physician of Robyn Eden

  Dr. John Davenport—medical examiner of Hewes County

  Dr. Lawrence Porter—addiction expert for defense

  Dr. Brian Limbaugh—state’s psychiatric expert

  Dr. Gene Albertson—defense DNA expert, impeachment witness

  Danny Nix—drug dealer, impeachment witness

  A Legal Glossary has been included in the

  back of the book to assist the reader with legal terms.

  To Lisa, thank you for a lifetime of love.

  The last year’s been the best yet.

  CONTENTS

  CHAPTER ONE: OVERDOSE

  CHAPTER TWO: A HARD GOOD-BYE

  CHAPTER THREE: LIFE MARCHES ON

  CHAPTER FOUR: THE READING OF THE WILL

  CHAPTER FIVE: SEEKING A NEW PARTNER!

  CHAPTER SIX: THE SEARCH BEGINS

  CHAPTER SEVEN: TOUGH NEGOTIATIONS

  CHAPTER EIGHT: HOUSEWARMING

  CHAPTER NINE: A REAL CHARMER

  CHAPTER TEN: INTEROFFICE POLITICS

  CHAPTER ELEVEN: MERRY CHRISTMAS

  CHAPTER TWELVE: A WELL-CONCEIVED PLAN

  CHAPTER THIRTEEN: OVERSLEPT

  CHAPTER FOURTEEN: INAPPROPRIATE BEHAVIOR

  CHAPTER FIFTEEN: TROUBLE IN PARADISE

  CHAPTER SIXTEEN: THE DISAPPEARANCE

  CHAPTER SEVENTEEN: THE JIG’S UP

  CHAPTER EIGHTEEN: EGOMANIAC

  CHAPTER NINETEEN: THE GUARANTEE

  CHAPTER TWENTY: RESPONDENT SUPERIOR

  CHAPTER TWENTY-ONE: TELLING THE STAFF

  CHAPTER TWENTY-TWO: THE MESS GETS WORSE

  CHAPTER TWENTY-THREE: SPANISH INQUISITION

  CHAPTER TWENTY-FOUR: STRANGE BEDFELLOWS

  CHAPTER TWENTY-FIVE: CHECKERED PAST

  CHAPTER TWENTY-SIX: PROBLEMS NEVER STOP

  CHAPTER TWENTY-SEVEN: A LIAR IS DEPOSED

  CHAPTER TWENTY-EIGHT: THE POLYGRAPH

  CHAPTER TWENTY-NINE: A CONTINUATION OF LIES

  CHAPTER THIRTY: INNOCENT AS THE DRIVEN SNOW

  CHAPTER THIRTY-ONE: BAD BLOOD

  CHAPTER THIRTY-TWO: MEDICAL LICENSING BOARD

  CHAPTER THIRTY-THREE: ESCAPE TO NEW YORK

  CHAPTER THIRTY-FOUR: A TROUBLED ROMANCE

  CHAPTER THIRTY-FIVE: THE DERBY

  CHAPTER THIRTY-SIX: A DEAL IS CUT

  CHAPTER THIRTY-SEVEN: THE HOSPITAL

  CHAPTER THIRTY-EIGHT: SOME FRIENDS GET TOGETHER

  CHAPTER THIRTY-NINE: A DEFENSE IS NEEDED

  CHAPTER FORTY: YOU’RE UNDER ARREST

  CHAPTER FORTY-ONE: A PAID FRIEND

  CHAPTER FORTY-TWO: AN UNUSUAL REQUEST

  CHAPTER FORTY-THREE: AN AWKWARD HANDOFF

  CHAPTER FORTY-FOUR: A CHIP PLAYED

  CHAPTER FORTY-FIVE: THE DEFENSE’S PLOY

  CHAPTER FORTY-SIX: A CRITICAL HEARING

  CHAPTER FORTY-SEVEN: THE CONSPIRACY MOVES FORWARD

  CHAPTER FORTY-EIGHT: FINDING A LITTLE HELP FROM SOME FRIENDS

  CHAPTER FORTY-NINE: AN INTERESTING FLIGHT

  CHAPTER FIFTY: MOTIONS IN LIMINE

  CHAPTER FIFTY-ONE: PICKING A JURY AND JURY INSTRUCTIONS

  CHAPTER FIFTY-TWO: OPENING STATEMENTS AND THE FIRST DAY OF PROOF

  CHAPTER FIFTY-THREE: AN HONORABLE DOCTOR

  CHAPTER FIFTY-FOUR: A TOUGH COP BUT A BAD WITNESS

  CHAPTER FIFTY-FIVE: A FOOLED PHYSICIAN

  CHAPTER FIFTY-SIX: ABOVE REPROACH

  CHAPTER FIFTY-SEVEN: WINDING DOWN THE STATE’S PROOF

  CHAPTER FIFTY-EIGHT: A RESTLESS NIGHT AND A BROKEN WOMAN

  CHAPTER FIFTY-NINE: A CONVINCING LIAR

  CHAPTER SIXTY: A BIG DECISION

  CHAPTER SIXTY-ONE: HIS OWN WORST ENEMY

  CHAPTER SIXTY-TWO: A CROSS-EXAMINATION OF A LIFETIME

  CHAPTER SIXTY-THREE: THE DEFENDANT’S EXPERT PROOF

  CHAPTER SIXTY-FOUR: THE STATE’S FIRST CLOSING ARGUMENT

  CHAPTER SIXTY-FIVE: THE DEFENDANT’S CLOSING ARGUMENT

  CHAPTER SIXTY-SIX: THE LAST WORD

  CHAPTER SIXTY-SEVEN: JURY CHARGE AND THE VERDICT

  CHAPTER SIXTY-EIGHT: SENTENCING

  CHAPTER SIXTY-NINE: CONFRONTATION WITH AN EX

  CHAPTER SEVENTY: JUSTICE IS KINDA SERVED

  EPILOGUE

  GLOSSARY OF LEGAL TERMS

  ABOUT THE AUTHOR

  ACKNOWLEDGMENTS

  CHAPTER ONE

  OVERDOSE

  July 4, 2000

  The lovers finished at the same time; neither disappointing the other. Their bodies, wet with perspiration, momentarily stuck together as each deeply sighed with satisfaction. Robyn rolled off him, kissed him on his cheek, and quickly jumped from the bed. She picked up her cell phone and took four provocative pictures of herself.

  She walked naked past him, forgetting to turn off the video camera, and then disappeared into the master bathroom. Charlie noted in the last few hours she’d disappeared in there several times.

  Charlie, exhausted, tried to gather his thoughts to resume the argument. He refused to give up on her. He loved her and hoped she could straighten out and change her destructive ways.

  He’d arrived Friday from New York and went straight from the Nashville airport to Hewes City, twenty-five miles away. He’d come at the request of Robyn’s sister, Valerie, to convince her she needed to go into rehab. He’d investigated the alternatives and settled on Cumberland Heights, a world-renowned treatment facility.

  They argued for hours without any resolution, so he changed tactics and drank tequila straight up with a saltshaker and limes. He felt ashamed; however, he thoroughly enjoyed the sex marathon. He now knew it was a huge mistake to buy into her addiction.

  She needed to slow down. It was like she was spinning out of control, and as that thought crossed his mind, she flew out of the bathroom. Charlie looked into her intense green eyes dilated like two large black olives surrounded by a green rim. She was high on something. Her shoulder-length auburn hair was up, revealing her exquisite neck and shoulders. He loved to kiss her neck; she responded favorably every time. She danced around showing off her sculptured body and taking photos of herself.

  Charlie watched as she grabbed a pill bottle from her nightstand and downed the pill without water. He noticed for the first time a small amount of white powder and a syringe on the nightstand. He blinked and tried to make them go away. They didn’t.

  She grabbed a large vibrating sex toy, posed, and took several more pictures. Charlie hoped the toy would satisfy her. His respite was broken when she spoke in rapid sentences: “Let’s go again! Let’s go again!”

  In a weak protest Charlie reminded her, “I thought you had a splitting headache. Don’t you think we should take it easy? We just finished ten minutes ago. I really don’t want to take another Viagra. I’ve already taken the maximum dose.”

  “I’m better,” she said. “My headache just disappeared. Let’s go again. Take the damn pill.”

  Once in the bed she handed him the cell phone and demanded that he take photos of her clean-shaven pubic area. As he snapped, Charlie saw that she was bleeding in the femoral region. He yelled in an authoritative tone, “You’re bleeding like a stuck pig. Get some gauze and put pressure on it.”

  He couldn’t believe she was self-injecting in her groin. She jumped out of frame, went into the master bathroom, and then returned to the bed and started dabbing between her legs with a gauze pad.

  Charlie yelled, “No, put pressure on it!”

  She did, and the bleeding stopped

  Charlie got out of bed and looked out the window at the courthouse square. The town had constructed a makeshift bandstand. Facing the audience was the mayor at a podium with an American flag draped across it. There was a Norman Rockwellian feel to the scene.

  Just then fireworks exploded in the sky, lighting the courthouse dome with the various colors pressed against the blackened sky. Charlie forgot his troubles and relished the beauty of the
moment.

  Robyn grabbed him around the waist and brought him back to reality. She pulled him down onto the bed and planted a wet kiss a few inches below his belly button. She moved her lips the length of his body until they were nose to nose. She straddled him and began to rock back and forth. She was quick, less than ten minutes. At the moment she climaxed she stiffened and fell backward off the bed.

  Charlie rushed to her side.

  “Are you all right?”

  She struggled to speak, “My chest feels real tight, like a hippo is sitting on it.”

  He checked her pulse, which was racing. The color had drained from her face, and she was short of breath. He knew she was in distress. He started to call 911, over her protests.

  “I need an ambulance at 512 4th Avenue immediately. I’ve got a twenty-seven-year-old female in cardiac arrest.”

  She strained to crawl toward her nightstand, mumbling something about hiding her drugs. The effort was too much for her, and she collapsed facedown on the carpet.

  He dropped the phone when her body hit the floor. He rolled her over, but she had little reaction. He checked her airway; it was clear. He put his second and third fingers on her carotid artery, looked at his watch, and counted to himself. Her pulse was racing, and her breathing was shallow, but evident.

  She whispered, “Keep them out of my bathroom.”

  He looked around the room. Dirty dishes were everywhere; they’d been eating takeout and having sex since he’d arrived on Friday. He thought about the bathroom. The master bathroom was Robyn’s drug haven. He’d intentionally used the spare bathroom, content to be blissfully ignorant. He knew he wouldn’t have time to sanitize the entire scene before the ambulance arrived.

  He glanced over at Robyn’s nightstand; there were a pill bottle, syringe, mortar, and white powder strewn across it. Quickly using his cupped hand, he pushed the white powder into the nightstand drawer, and using a Kleenex, he wiped down the nightstand. He picked up the bottle, mortar, and syringe with the tissue and deposited them in the drawer carefully without leaving his fingerprints.

  Charlie had more immediate problems, though. He needed to put on some clothes. He went to the other side of the bed and picked up his pants and shirt that were draped over a chair. He continued to watch Robyn as he moved around the room. Not bothering with underwear, he pulled on his pants.