Authors: G. H. Ephron
“Annieâ” I started. All kinds of red flags were waving.
“Peter, you need to know if Emily is guilty or not and I want to nail the bastard that tried to hurt my uncle.” Annie had a way of bringing things into focus. “You'll give me⦔ She searched for the wordâ¦. “legitimacy. I'll make you less intimidating.”
“I'm not intimidating.”
“Okay, you're not. I checked with Gloria, and you're not busy then either.”
“How would she know? Tomorrow's Saturday.”
“So are you? Busy, I mean?”
“I guess I am. Now.”
Frank Mosticcio had lived in Brookline on the hill up behind Coolidge Corner. The rambling Victorian had long ago been divided into apartments. A wooden staircase had been slapped onto the side of the house to give the second-floor tenant direct access. When we pulled up, a middle-aged woman in a T-shirt and jeans was removing a sign that said
YARD SALE TODAY
from the tree in front of the house.
“Sorry, we're just putting things away,” she told us as we got out of the car.
“I'm not a yard saler,” Annie said. “I'm Annie Squires. I'm here to talk to Frank Mosticcio's daughter.”
“That's me. Dorothy Stephanos. Please, call me Dottie.”
Annie shook her hand and introduced me.
“I thought I'd have all this put away by now,” Mrs. Stephanos said, raking manicured fingers through her short blond hair. “My son's supposed to be helping me out, but⦔ She looked around as if she expected he might be hiding behind a tree. “Sold a bunch of his own CDs and took off. Kids. Short attention span.” She surveyed the unsold items that littered the lawn. “Now I'm stuck with this mess. Why does it always seem like there's more at the end of the sale than at the beginning?”
“I'm sure it demonstrates some principle about conservation of stuff,” Annie said as she picked up one of the boxes. “Where do you want this?”
“You don't need to do that,” Mrs. Stephanos protested.
I followed Annie's lead and picked up a pair of lamps that looked as if the bases were made from World War II shell casingsâminiature bombs dangled from the pulls. Now there was something every household needed. Only fifty bucks for the pair. A bargain.
Mrs. Stephanos led us around the back to a garage where we stashed the unsold items. A half hour later, the three of us had cleared the lawn and were sitting on the porch drinking iced tea. Mrs. Stephanos had brought out a file folder where she kept documents about her father's illness.
“It's been a struggle, getting the estate settled. So many details. Well, I'm sure you know what that's like,” Mrs. Stephanos said, giving Annie a sympathetic look.
“I do, actually,” Annie said, not bothering to correct Mrs. Stephanos's impression that Annie's uncle had died. “My uncle was a big hoarder.”
“This is our third yard sale and there's still more stuff I haven't gotten to up in the attic. Packed into the eaves. My husband says I should just pay someone to come in and clear the place out. But I can't bring myself to do that. There could be family photographs and who knows what else.” She sighed, the aluminum chair creaking as she leaned back in it. “Would you believe, I found about a dozen uncashed checks for stock dividends in his toaster oven?”
“I'd believe,” Annie said.
I asked Mrs. Stephanos about her fatherâwhen he'd become ill, how the disease had progressed.
“I'd never even heard of it,” Mrs. Stephanos said. “Lewy body dementia. My son says it sounds like a rock group.” She went on to tell us that her father's physician had suggested he participate in the research study.
She spread the contents of the file folder on the table. There was the consent form she'd signed for her father.
“Do you mind if I look through?” I asked, indicating the other papers in the folder.
“Be my guest,” she said.
Mrs. Stephanos went on, telling us how her father had gotten a series of MRIsâfour or five, she thoughtâat University Medical Imaging. The last one had been a few days before he died.
“He came home from the test and went right to sleep,” she said. “Next morning he was running a fever. I thought it was just a cold. By that night, he was having trouble breathing. I called his doctor but by the time we got him to the hospital it was too late. It was some kind of bacterial infection. Like the one that killed Jim Henson? Galloping pneumonia, one of the nurses called it.”
While she talked, I sifted through the papers in the folder. Mrs. Stephanos had letters from her father's primary care physician, hospital bills, and medical reports. There was a full-color brochure extolling the virtues of University Medical Imaging, and another tri-fold from Cimgen Pharmaceuticalsâthat was the company that manufactured Cimvicor. On the front was a photograph of a vigorous older woman and man on a sun-drenched golf course. She was teeing off. In italics and halfway down the first page it said, “Lowering cholesterol reduces the risk of hardening of the arteries, and hardening of the arteries has been linked to heart disease and the onset of dementia.”
Subtle. Doctors could
prescribe
a lipid-lowering drug like Cimvicor for an “off-label” use such as treatment for dementia, but the company was forbidden by the FDA to
advertise
an off-label use. They couldn't come right out and say the drug could be used to treat dementiaâbut the implication was clear.
“Just curious,” I asked. “Do you recall where you picked this up?”
Mrs. Stephanos took the brochure from me. “I don'tâ” she began. She turned it over and noticed something written on the bottom of the back page. Looked like a name and phone number. “Oh yes, I do remember. I picked this up at a family support meeting.”
Drug companies got away with distributing this kind of misleading information by slipping it in under the radar.
“Dr. Shands was treating your father with medication for Lewy body dementia?” I asked.
“Such a brilliant doctor,” Mrs. Stephanos said. “He was the only one who gave us any hope.”
“Was the treatment helping?”
“Maybe. I'm not sure. It was so hard to watch my father deteriorate the way he did. Over just a few months, he went from being completely independent to needing help getting out of bed. He'd once been a teacher and now he was talking gibberish. Near the end, we had to get someone to stay with him all day. Nights I slept here. I was so exhausted.
“It's been three months since he passed away and I'm feeling like I'm just now starting to feel normal. At least it's a comfort knowing that my father's brain is being used to help find a cure.”
“Your dad's death was unexpected?” Annie asked.
“His primary care physician had told us that despite the dementia, his heart was strong.”
“So his death came as a shock?” Annie pressed.
Mrs. Stephanos hesitated. “We thought he'd linger. Yes, it was a shock.” There was a long pause as she and Annie locked eyes. “And a relief. I'm sure you know what I mean. In the end, he just slipped away in his sleep. Not twitching and shouting like he'd been doing. It was for the best.”
Annie shot me a look.
B
Y THE
end of the weekend, Annie and I had met or talked on the phone with a half-dozen more next of kin. It was turning out to be a mixed bag. Two patients had died more suddenly than expected. For another, it sounded as if death had been a long overdue coda to the final dehumanizing phase of a nasty disease. In another case, the surviving daughter had been estranged from her father and simply didn't know whether death had been sudden or not.
The key piece of informationâwhen each of the deceased had their last appointment at University Medical Imagingâremained elusive. Family members often didn't know or didn't remember.
“If only we'd gotten started in this direction a few weeks ago it would have been so much easier,” Annie pointed out. “Emily could have pulled this information out of their files for us.”
Now Emily Ryan was in no position to get information for anyone. She'd been arrested and booked. In Kyle's gym bag the police found a “Freudian Slip” like the one she'd used to leave a note on my office. On it was written:
See you at 6.
XX
Emily
Annie still wasn't buying. “Are you telling me she sat on the steps to the parking lot for twenty minutes holding his gym bag, and never bothered to get rid of the incriminating note?” It was a damned good question.
Monday morning, I found Gloria and Kwan in the conference room. They stopped and gave me an odd look when I walked in.
“What?” I said, immediately.
“We were just talking about Emily,” Kwan said.
“There must be some way we can help her,” Gloria said, her face etched with concern.
I sank down in a chair and told them I wasn't feeling too optimistic. I'd called outpatient services and they had no record of handling the referral that Emily claimed she got. The administrator got all huffy at the suggestion that her office would be careless enough to make an appointment for a nonexistent patient. They always checked insurance, she said. And they always called to confirm appointments.
“They insist they'd never have given Emily the number of a disconnected phone.”
“Butâ” Gloria said, looking crestfallen.
“Did either of you see her when she says she came down to look for the patient?”
“I'd gone home,” Kwan said.
“I saw her,” Gloria said. “She asked me if I'd seen anyone wandering around, looking lost.” I could sense how torn Gloria was about revealing the next bit. “Then I think she went outside.”
“Did you see her come back in?” I asked.
Gloria admitted that she hadn't. “But that doesn't mean anything. Don't you see? Someone's setting her up.”
Gloria and Annie were pretty much on the same page with their conspiracy theoriesâGloria thinking Emily had been framed, Annie sure it was all about untimely patient deaths. And me? Parallax. Something had shifted, and despite the fact that more and more evidence was mounting to incriminate Emily Ryan, I was starting to agree with the conspiracists. My gut said she wasn't a murderer.
Security at the Middlesex County Jail on the top floors of the Cambridge Courthouse was getting more and more extremeâthis time it took almost forty minutes to get through their screening process. They confiscated my briefcase and even my Tic Tacs. At least they let me take in a pad of paper and a pen.
Emily was waiting in the cell-like examining room, standing and staring out the barred window. She seemed lost in the baggy gray jump suit that had
MIDDLESEX COUNTY JAIL
stenciled on the back. Her ponytail was tied low at the nape of her neck. Strands of hair hung loose at the sides. I knew she wasn't appreciating the spectacular view of the Boston Harbor with the Leonard Zakim Bunker Hill Bridge in the foreground, a fan of cables at either end splayed like a futuristic harp.
“I can't believe this is happening. How can they think I killed Kyle?”
She sat at the table and put her head down in her arms. I took the chair across from her.
“Outpatient services says that referral you got didn't come from them,” I said.
Her head snapped up. “But a woman from there
called
me. That morning. Gave me a name, phone number, reason for referral. Why would I make that up?” She blinked at me. “Oh. I get it. I used it as an excuse. So I could sneak down and kill Kyle and then sneak back up without anyone seeing me.”
“Gloria saw you go outside.”
“Gloriaâ?” Emily cocked her head to one side, thinking. “Of course I went out. I thought the guy might be lost. I came right back in.” There was a pause. “She didn't see me come right back in?”
“No, she didn't.”
“Oh, God,” Emily said. “Who is doing this to me? You heard about the note they found in Kyle's briefcase? On
my
notepaper? I have no idea where it came from, because I certainly didn't write him a note. I didn't
write
Kyle notes. I called him. I talked to him. He was a friend. Besides, I only use that notepaper at work.”
She sank back, her gaze roving across the ceiling, from the window to the radiator. Then she gave me a direct look, her eyes bright and intense. “I know what you're thinking. This woman is out of her mindâwho is she kidding?”
“Actually, that's not what I'm thinking,” I said. “What I think is that someone's gone to a lot of trouble to make you look guilty.”
Relief swept across Emily's face. “Will you help me?” She put her hand on my arm. “You've got to help me. You're my only hope.”
“Actually, I'm not,” I said, yanking my arm away and immediately regretting it. I hated the way Emily kept thrusting me into the role of savior, but I knew I was overreacting. The situation was grave, and Emily really did need all the help she could get.
“Maybe it's not just two murders,” I said. “Maybe it's about a whole lot of patients who shouldn't have died when they did. I don't know if Dr. Philbrick was responsible for these deaths.”
“He couldn't have been. If he'd known something like that was going on, he'd have blown the whistle.”
“Or maybe that's it. He was ready to blow the whistle. Maybe that's why he called me the night he was killed. To ask me to watch Mr. O'Neill. Maybe he still wasn't absolutely sure.”
“And that would meanâ” Emily spoke slowly, putting together her thoughts as she went. “âmaybe Kyle was killed because of something he saw that morning when he followed me to the lab?”
But Kyle had told the police he hadn't seen anything. Maybe he'd been lying. Or maybe⦓Wait a minute. Who else was at the lab that morning when you got there?”
“No one.”
“But didn't Dr. Shands call the police?”
“Jesus,” Emily said, grasping the significance. “Why didn't Kyle see him park his car in the garage and come in?”
“Could he have walked over, or come by T?”
Emily scoffed at the suggestion.
“Do you remember if you saw Dr. Shands's car in the garage when you arrived?”
“Honestly, I don't remember.”
Suppose Shands was already at the lab when Emily got there. Suppose Philbrick collected obituaries because patient deaths seemed suspicious. Suppose there'd been a string of accidents, or even murders, that were being covered up.
I stopped. All I had was a web of supposes. What we needed was evidence, not conjecture. “If this is all about covering up the deaths of patients, then we should back up and ask ourselves who had access to those patients.”
“Anyone at the lab.”
It could easily have been done any number of ways in such a closed system. Bacteria could have been added to the contrast agent Shands injected. It could have been in the sedative administered beforehand to keep patients calm. Doctored packs of the Cimvicor or placebo medication given to patients in the study would have done the trick.
Emily considered for a moment. “Old people with dementia being killed. Immediately makes you think âmercy killing.' But you can be sure that if Dr. Shands or Dr. Pullaski had anything to do with it, it wasn't about mercy.”
I had to agree. But I was surprised at the clarity of Emily's observationâup until now she'd spoken of Shands only in the most glowing terms. Maybe prison was fading her rose-colored glasses. Or maybe she'd finally realized that her own survival was at stake.
“He once drew me his grand plan,” Emily said. “Showed me how he targeted different age groups, males and females, at different stages of the disease. Thing is, he does it in life, tooâcollects the people he needs.”
I'd made a similar observation myself. Shands had Leonard Philbrick, who could handle patients and knew more about MRI technology than anyone. He had Dr. Pullaski, efficient administrator, willing to move funds and deal with unpleasantness.
“And he had you, didn't he?” I said gently. “What did he need from you?”
Emily seemed flustered. “I have no idea. He came to me out of the blue. Offered me a position at the lab. Said he'd heard about my Ph.D. thesis on cognition and dementia. I was so pleased.” Emily's face reddened. “Flattered.” She looked away. “I thought he needed a diligent researcher. But there's a million of us out there he could have picked. Why me?”
She shifted in her chair and picked at a thread in the pants of the jumpsuit. “From the first day I'm working there, he's telling me how nice I look, how nice I smell. He'd ask me to stay late, and then he'd have to work late, too. His passion and determination to find a cure for Lewy body dementia drew me in. I got this idea in my head, this fantasy, that I'd be able to help him in his quest. That maybe we'd even be partners.
“Then the post-doc at the Pearce came through and I thought I'd died and gone to heaven. I had not one but two fantastic opportunities. And at last I'd have enough money to get myself some decent clothes. I could finally afford a down payment on my dream car. I was euphoric.
“I'd been there a few weeks when he starts putting his hands where they don't belong. I tried to tell him nicely that I wasn't interested in him. Not in that way. When that didn't work, I was more direct.”
“Must've shocked the hell out of him,” I said. Emily smiled. “Did he stop coming on to you?”
“It got much more subtle. It was as if he began a campaign to win me over. There were gifts and kindnesses. Really just bribes. So he'd feel entitled to ask for something in return. I'm sure he thought, sooner or later, I'd come around.”
“What did Dr. Pullaski make of your relationship with Dr. Shands?”
“I think she wrote me off, like I was just some kind of a bimbo. Nothing I did or said made any difference. She made it very clear that I was not the first, and I wouldn't be the last. I'm sure she thought we were sleeping together.
“Kyle wanted me to quit. I should have. But I guess, in a way, Dr. Shands did seduce me. More than anything, I wanted to be able to say I'd worked there, helped the great doctor with his research. I was thrilled when he gave me a credit on one of his papers. Not that I didn't deserve it. I wrote most of it. Still, everyone in the lab was shocked.
“He is a genius, you know. His work is brilliant. Patients who come to him see this great man whose work is going to save them. If there's any possibility that someone was killing his patients, then something has to be done about it.”
Interesting, the way she'd phrased it:
someone
was killing
his
patients. The obvious suspect would be Shands himself. But why would he kill his own patients? Weren't they more valuable to him alive, as research subjects to test his experimental protocol? The only thing a corpse could do was confirm the diagnosis.
“Right now the police are taking the path of least resistance and building a case against you. If we can convince them that this is not just a single murder, or even two, but a pattern of suspicious deaths, then they'll have to investigate. I've got the list of patients from the obituaries and death notices you found. We want to show that each of them died soon after their last appointment at the MRI lab. How do we find out?”
“That's easy. The information is in the computer system, of course. It's also in the patient files. Those are in the records room.”
“Show me where,” I said, handing Emily pen and paper.
She drew a map of the imaging center. There was the building lobby, the outer waiting area, the reception area in the center hub. Off that, she drew the corridor with Shands's office and the neuropathology lab. Then she drew the corridor that led to the scan room. On one side was the storeroom. Across the hall she drew two rooms. One she marked
PRIVATE
, the other
RECORDS
.
“Here. They keep it locked. There's a keypad with a combination lock.” She wrote down a series of six numbers: 0-4-0-1-5-5. “It's easy to remember. Dr. Shands's birthday.” April Fool's Day, 1955. I could remember that.