Stuart Woods - Dead In The Water

"What was Mr.Manning's height and weight?"

He consulted his notes. "Six feet, two inches, two hundred and nineteen pounds."

"Did the examination include a test for serum blood cholesterol and triglycerides?"

"Yes, it did."

"What was the result?"

Stendahl checked his notes again. "His cholesterol count was one hundred ninety-nine, and his triglycerides were one hundred forty-seven."

"Did your company consider these to be within the normal range for a man of Mr.Manning's size?"

"Yes. We would expect the cholesterol count to be under two hundred and twenty, and the triglycerides to be under one hundred and fifty, in order to be insurable. Mr.Manning qualified on both counts."

"Did your company's medical examiner think of Mr.Manning as a heart attack waiting to happen?"

"Certainly not. If he had thought that, we would never have insured him."

"Mr.Stendahl, has your company paid the death benefit of the insurance policy?"

"Yes, we have."

"In full?"

"Yes."

"Without investigation?"

"Oh, we investigated, all right; we'd never pay a sum that large without an investigation. We sent a man down here to talk to Mrs.Manning last week."

"And he found all was in order?"

"He did, but there was something he didn't know until later."

"What was that?"

"That Mrs.Manning was about to be tried for the murder of her husband."

"She didn't tell your investigator that?"

"No. He learned about it from the newspapers, but by that time we had already paid the money into Mrs.Manning's bank account."

"And is that money still in her account?"

"I am advised that it is not."

"Where is that money now?"

"I am advised that it was wire-transferred into an account in the Cayman Islands, so by now it could be in any bank in the world."

"I have no further questions for this witness, Your Lordship," Sir Winston said, then sat down.

The judge turned to the defense table. "You may crossexamine."

Stone stood up. "Your Lordship, may I have a for a few minutes in order to consult with my client?"

The judge stifled a yawn. "You may not."

Stone looked at Allison, who sent him a sympathetic glance. He was going to have to wing it with this witness.

Stone took some papers from a file folder and rose to address the witness. "Mr.Stendahl, how long ago did Paul Manning undergo the physical examination for his insurance policy?"

Stendahl consulted his notes. "Two years ago last week."

"And did your company's doctors see Mr.Manning after that date?"

"Not that I'm aware of."

"Had they seen him before that date?"

"Not that I'm aware of. He had no earlier policies with us."

Stone was getting into shallow water now, and he hoped he would not run aground. "Did he have any earlier policies with any other company?"

Stendahl consulted his notes. "None."

"Mr.Stendahl, when you are investigating an applicant for life insurance, is there a central record of health history you can consult?"

"Yes. If the applicant has had medical problems, we find out about them."

"But if he hasn't had health problems, and if he previously applied for life insurance, there would no record of his height, weight, or blood studies, would there?"

"No."

"Did you find any earlier medical records of Paul Manning?"

"No."

"So you don't know what occurred with regard to Manning'S weight' and various blood studies either before the examination or between the date of that examination and the date of his death?"

"No."

Stone breathed easier. He held up the documents for the bailiff. "May the witness read from these, Your Lordship?"

"He may."

The bailiff took the documents and handed them to Stendahl.

"Mr.Stendahl," Stone continued, "what are the documents you have just been handed?"

Stendahl flipped quickly through them. "They appear to be the results of another physical examination taken by Mr.Manning."

"On what date?"

"A year after our company's doctors examined him."

"Would you read the first paragraph, which has been highlighted?"

Stendahl found the paragraph. "'Paul Manning is a forty-year-old author who has come in for a physical examination prior to an extensive sea voyage. Mr.Manning has no complaints, but he is desirous of being examined and taking a copy of his medical records on his journey. Mr.Manning is six feet, two inches tall and weighs…'" Stendahl paused.

"Go on, Mr.Stendahl."

"'… weighs two hundred and sixty-one pounds, rather too much for a man of his frame, The results of blood tests show a serum cholesterol count of three hundred twenty-five and serum triglycerides are four hundred and ten. These are both dangerously elevated, the high end of normal being two hundred and twenty for cholesterol al one hundred and fifty for triglycerides. Because of these numbers, in conjunction with Mr.Manning's lack of regular exercise, I have advised Mr.Manning to immediately undertake a program of exercise, a diet low in cholesterol and other fats, and to bring his weight down to a maximum of two hundred pounds." "Does this sound like the man your doctors examined?" Stone asked.

"No. It would appear that Mr.Manning changed his eating habits after our exam."

"Do you think it possible that Mr.Manning might have lost weight and watched his consumption of fats prior to your examination, so that he would have been insurable, then reverted to his old ways after the exam?"

Sir Winston was on his feet. "I object, Your Lordship. This calls for a conclusion on the part of the witness."

"Sustained," the judge said.

"Let me put it another way, Mr.Stendahl," Stone "Would you think that the man described in this exam was, and I quote, 'a heart attack waiting to happen'?"

Sir Winston was up again.

"I withdraw the question, Your Lordship," Stone cutting him off. "We would like the medical examination report to be Exhibit Number One for the defense." Now he had to wade further into shallow water, violating the rule of every that attorney: He was going to ask a question he didn't know the answer to. "Mr.Stendahl," he said "was there a provision in Mr.Manning's insurance policy covering double indemnity?"

Stendahl hesitated a moment, then answered, "Yes, there was."

Thank God, Stone thought. "Would you explain to the court the meaning of the term' double indemnity'?"

"It means that if the insured suffers accidental death, then the death benefit is doubled." "So if Paul Manning had died accidentally, the death benefit would have been twenty-four million dollars?"

"That is correct."

"Now, Mr.Stendahl, I ask you to imagine the circumstances surrounding Paul Manning's death: he is alone with his wife in the middle of the Atlantic Ocean. Let us say, merely for the purposes of argument, that Mrs.Manning has decided to kill her husband. Having done so, would it not then be very profitable for her to claim that he had died as a result of an accident at sea?" "Yes, I suppose it would."

"Profitable to the extent of an additional twelve million dollars?"

"Yes."

"But instead, she has asserted that he died as the result of a heart attack, has she not?" Sir Winston was up. "Objection; no testimony to that effect thus far."

"Sustained," the judge said.

"Let me put it this way, Mr.Stendahl. In your experience as an insurance investigator, would a person who had decided to murder an insured do so under conditions of maximum profitability?" "Yes."

"Not under conditions which would pay only half the available money?"

"No."

"Then, as an experienced investigator, when determining the facts of this case, would you say that Mrs.Manning is more likely or less likely to have murdered her husband?"